Frequently Asked Questions
How do I get to the Juvenile Department? What are your hours of operation?
The Clackamas County Juvenile Department, Intake and Assessment Center and Juvenile Court are all located in the same building. There are separate entrances for each of these services. The Juvenile Department is located on the upper hilltop tier of Oregon City at 2121 Kaen Road. A local landmark includes the Clackamas County Jail. Driving directions start with getting on Molalla Avenue, (a primary Oregon City arterial), proceeding to South Beavercreek Road. Turn West onto Beavercreek Road and proceeding to Kaen Road about a quarter mile down the road and on the left. Kaen Road dead ends. The Juvenile Department is the second building to the right. The Clackamas County Juvenile Department is open 7AM to 6 PM Monday through Thursday. The Intake and Assessment Center is open seven days a week, 24 hours a day.
My child is not going to school, what can I do?
Your child's education is important! A good place to start is by scheduling a meeting with your school's administrator. Between the two parties, try to identify and address all reasonable barriers to your child's success. Communicate regularly, and work closely as a team with your child's school.
A long history of trying to respond to this problem has taught juvenile counselors that success, if it is going to occur, requires a commitment from all concerned parties. Engaging the support of friends, other family members, school authorities, your local police department and, if a juvenile department counselor has been assigned for a different reason, is a good place to start. As you take on this task, commitment, good communication and coordination is necessary on your part.
My child uses drugs or alcohol, where can I go to get help?
Of course any illegal drug or alcohol use by a child or adolescent is reason for alarm. Whether it is your child's first attempt or there have been other occasions, now is the time to intervene and get help from a professional. Level of use is broken down into five categories:
1) Experimental use (one time use),
2) Social use (two or more incidents, very irregular use and possibly some negative consequences),
3) Habitual use (regular use, daily, weekly or monthly and possibly some negative consequences),
4) Abuse (regular use and has experienced negative consequences associated with its use), and
5) Addiction (regular use, has and has experienced significant consequences associated with its use, has difficulty stopping and may be in denial).
The form of help you obtain should depend on your child's level of use issues. Your first step should be to obtain a drug and alcohol assessment from a professional who is qualified to perform drug and alcohol assessments. Our staff regularly respond to this issue and are quite well prepared to guide you to appropriate resources. Please feel free to Contact Us.
How do I make after hours contact with the Juvenile Department?
The normal hours for the Clackamas County Juvenile Department are from 7 AM to 6 PM Monday through Thursday. If you have an after hours issue requiring immediate assistance, you can call the Clackamas County Juvenile Intake and Assessment Center. A juvenile counselor is available 24 hours a day - seven days a week and can provide information and referral services. The phone number for the Intake and Assessment Center is 503-650-3180.
Is it possible to have my child placed in detention?
Only the court or the court's designee can authorize placement of a youth into a juvenile detention facility. There are strict legal criteria outlining when a juvenile offender is eligible for detention. A parent cannot have their child placed in detention.
Can my child's record be destroyed at some point?
Under most circumstances a juvenile's record can be destroyed at some point. The process of getting a juvenile record and associated police reports destroyed is called an expungement. Basically, there are three different paths to consider when thinking about expunction:
First, is the "automatic expunction". To be eligible for an automatic expunction the person must be 18 years of age or older and never been made a ward of the Court or placed on Court ordered probation. If eligible for this form of expunction, Contact Us, and ask to see if your child's record can be destroyed.
The second option is a "Best Interest Expunction". This method of pursuing expunction can be used by almost any person regardless of age or how long it has been since the case has been closed. People who apply for the Best Interest Expunction are typically those who are not yet eligible for an automatic expunction.
The third method to have a juvenile record destroyed is a "Five Year Expunction." In order to be eligible for this type of expunction, five years needs to have elapsed from the date of the last case termination. The five year expunction applies whether Court wardship was established or not.
You may apply for an expunction of your juvenile court records at any time. However, some limitations include:
1) there cannot be legal proceedings pending in juvenile or criminal court,
2) the person cannot presently be within the jurisdiction of any juvenile court,
3) there cannot be a pending investigation by any law enforcement agency,
4) some records are not eligible for expunction because of the seriousness of the crime, such as serious person to person crimes and many sex crimes.
The expunction laws are complex and, as such, if you think you qualify for an expunction, you might want to consider discussing your situation with the Juvenile Department - Contact Us, and ask to speak with someone about expunction.
My child was involved in a law violation. What will happen to him/her?
If your child has been involved in a law violation, it is up to a law enforcement agency to investigate. If they find probable cause to believe that a crime was committed, they will forward their police report to the Juvenile Department. The case will be assigned to a juvenile department counselor who will be responsible to manage the case. Certain offenses require District Attorney review before juvenile department staff decides on how to proceed with the case. In other cases, staff will meet with the offender and his/her family, conduct a juvenile offender risk assessment screen and develop a case plan with the youth and the family. This plan may call for an informal dealing with the case (informal probation conditions) or formal processing of the case (court hearings and judicial orders). Victims of juvenile crimes will also be involved in the juvenile department counselors planning.
What is the legal age for leaving a child home alone?
When people ask this question they are typically wanting to be told a specific age when a child can be left alone. To the surprise of many, there is no specific age provided for by law. There is, however, one law which provides a minimum guideline. Oregon's child neglect laws indicate a child should be at least ten years of age or older. Child neglect in the second degree is defined by a person having custody of a child under 10 years of age and, with criminal negligence, leaves the child unattended at any place for such period of time as may be likely to endanger the health or welfare of such child.
Some children who are ten years of age or older also should not be left alone. In these circumstances, the good judgment of the parent or guardian is most important. Generally speaking there are three primary variables which need to be considered. First, the maturity of the child; second, the environment provided for the child; and third, how long the child will be unattended. The best advice is to error on the side of caution, safety and the best interest of the child. If in doubt, it would be wise to call the State Department of Human Services - Clackamas Branch: 971-673-7200 or 1-800-628-7876.
How do I get a restraining order?
It would be best to contact the Oregon State Bar at 1-800-452-4776 or 503-620-3000 to learn about obtaining restraining orders. They will have brochures, pamphlets, explanatory tapes and other information concerning this subject.
How long does probation last?
Probation is either imposed by a judge or as an outcome of an agreement between the youth, parents and juvenile counselor. A judge can impose a maximum probation period of five years and shall not extend beyond the juvenile's 23rd birthday. The length of time depends on the seriousness of the offense, the risk to reoffend, the need for supervision, and the youth's compliance with the conditions of probation. Informal probation is the product of an agreement with the juvenile counselor where the maximum probation period for an offense is one year; however, this can be extended to 18 months.
My daughter's ex-boyfriend is stalking her. How do I handle it?
Stalking orders are obtained through civil court. If you go to room 104 in the Clackamas County courthouse, you will find stalking forms to complete. Clerks are available to assist you and they will set a court hearing for the judge to rule on the stalking motion.
How do I get emancipated?
To be emancipated means that a minor (someone under 18 years of age) has legally been given certain rights which are normally reserved for adults. In order to be emancipated, a minor must be 16 or 17 years of age and the court must find that the best interests of the minor will be served by emancipation.
To attain emancipated status, juveniles must be fully self-supporting, have an adequate place to live and be able to demonstrate sufficient maturity and sense of responsibility to function on their own without adult supervision.
Prior to emancipating a minor the Court must consider:
- Whether the parent of the minor consents to the emancipation.
- Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision.
- Whether the minor can demonstrate that he or she is sufficiently mature and knowledgeable to manage his or her affairs without parental assistance.
It is common for the Juvenile Court Judge to expect the minor to come to court prepared with a budget, a stable source of income, a stable residence, and transportation and school issues addressed.
A Decree of Emancipation serves only to:
- Recognize a minor as an adult for the purposes of contracting and conveying, establishing residence, suing and being sued, and recognize the minor as an adult for purposes of criminal laws of the State of Oregon.
- Terminate most parental responsibilities to the emancipated minor.
- A decree of emancipation does not affect any age qualification for purchasing alcohol or the requirements for obtaining a marriage license, nor declare the person to have reached the age of majority.
Factors to be considered:
Below are general guidelines considered by the Court in verifying appropriate standards for emancipation; the youth shall:
- Be employed at least 25 to 30 hours per week at minimum wage or more for at least 3 months and be able to furnish a most recent payroll document. (Another source of income, such as a social security trust, may be acceptable.)
- Be graduated from high school, have received a GED, or attending educational or vocational school full-time.
- Have at least one month's salary in a checking or savings account. (Minimum of $800).
- Be able to provide own medical insurance or be able to continue under parent's coverage. Must show documentation from health care provider proving eligibility and availability.
- If living away from parental home, be established in a residence for two or three months. The residence cannot be with the youth's boyfriend or girlfriend. (Exception: If emancipation is needed to enter into rental agreement, youth must furnish documentation so indicating.)
- Maturity and responsibility: Youth must demonstrate the ability to be on his/her own without adult supervision by the following:
- parental testimony
- recommendation from reliable adults
- reports from school instructors or employers
- development and submission of monthly budget
- There shall be no pending law violations involving the youth.
The Emancipation Process:
Prior to filing for emancipation a youth will meet with a juvenile department counselor who can answer questions, guide the youth through the process and counsel the youth on the viability of an emancipation.
Once the youth has decided to go forward with the emancipation application the youth must go to the juvenile department in the county where he or she resides and file an application with the associated fee. The filing fee is nonrefundable. Once the application for emancipation has been filed, the Juvenile Court will assign a juvenile department counselor who will answer questions, ask questions in order to gather relevant information, and prepare a report which summarizes the significant issues and concludes with a recommendation to the judge. The court will conduct a preliminary hearing within ten (10) days of the date of filing. A final hearing will be held no later than sixty (60) days after filing.
Parents are notified of any emancipation proceeding. At the preliminary hearing the youth is informed of the civil and criminal rights and liabilities of an emancipated minor and an emancipation hearing date is scheduled.
At the emancipation hearing the judge will hear testimony, review materials presented and ask questions. The minor must be prepared with relevant documents and answers to questions at the time of the hearing.
If the minor is emancipated, he or she is provided a copy of the Decree of Emancipation and instructed to obtain an Oregon driver's license or an Oregon identification card through the Oregon Department of Transportation which makes a notation of the minor's emancipated status.
- Please be aware that an emancipation, under most circumstances, cannot be reversed.
- Emancipated minors are subject to jurisdiction of the adult courts for criminal offenses.
- It is not unusual for parents to want to emancipate their child, however, this action must be initiated by the person being emancipated.
If you have further questions, you can Contact Us.
My child is out of control, what can I do?
This question is probably the most frequent asked of all questions at the Juvenile Department.. At the Juvenile Department we see a variety of definitions for the phrase "out of control". On one hand some parents complain of defiance and noncompliance and on the other hand some parents report stories where their home has been severely damaged and they are fearful for their lives. If destruction of property is occurring or there is personal injury resulting from assaultive behavior, report these incidents to the police, or in the case of emergencies call 911. Out of control behavior outside of these severe examples, it is advisable to talk with a professional, such as a family physician or counselor, as soon as possible.
There are several ways to approach the problem of an out of control child. The following are some ideas which might prove helpful:
- Parental Support groups,
- Lifestyle issues, (i.e., sleep and eating habits, family conflict issues, etc.),
- Parent education,
- Family Counseling,
- Seeking medication (talk with your physician),
- Seeking an out of home placement for the child (private providers),
- If a crime has been committed, seeking police involvement.
If you have further questions, you can call the Clackamas County Juvenile Department as they know of existing community resources to refer families to.
My child ran away, what will happen?
If you are certain your child ran away, you can call your local police department to file a runaway report. If you do not live in an incorporated city and live in Clackamas County, call Clackamas County Sheriff's office and ask how to file a runaway report. Some police departments require that your child be away for at least 24 hours before a report will be accepted. While waiting for your child to return, or be located, you can use this time to educate yourself about your options and counseling resources. You can also use this time to develop a plan to implement when your child returns home.
If your child is taken into custody by a police officer, the first hope is to try and return your child to his or her home. There are some situations where returning a runaway to his or her home is not safe and your child's safety is our greatest concern.
If your child is not returned home immediately, he or she may be taken to the Clackamas County Juvenile Intake and Assessment Center. If a child is taken into custody, parents are contacted as soon as possible. If your child is taken to the Intake and Assessment Center, a release plan will be made within five (5) hours. During this maximum five hour period your child will meet with a juvenile department counselor, information will be gathered and a plan for his or her release will be made. You and your child will be told of counseling services which are available and, if necessary, your child can be placed in a temporary shelter home while a more permanent plan can be worked out. Counselors are available to help you and your child work out an agreeable plan for both of you.
Please be advised, if your child has only been taken into custody for runaway he will NOT be placed in detention, (unless he or she is an out of state runaway). Out of State runaways can be placed in detention until arrangements can be made to return the runaway to his or her home state, (ORS 419C.156).
If you have further questions, you can call the Clackamas County Juvenile Department.
I am a runaway. What can I do?
If you are a runaway and a police report has been filed, you should either return home or turn yourself in. You can turn yourself in to any police officer. If the police find you first, you will be taken into custody. Once you are in custody, you will likely either be taken home or taken to the Clackamas County Juvenile Intake and Assessment Center.
Please be advised, if you have only been taken into custody for runaway you will NOT be placed in detention, unless you are an out of state runaway. Out of state runaways can be placed in detention and held until arrangements can be made to return the runaway to his or her home state (ORS 419C.156).
If you are taken to the Intake and Assessment Center, you will remain in custody for up to five (5) hours. During this five hour period you will meet with a juvenile department counselor; information will be gathered and a plan will be made for your release. You will be told of counseling services which are available and, if necessary, be placed in a temporary shelter home where you can feel safe until a more permanent plan can be worked out. Counselors are available to help you and your parents work out an agreeable plan for both of you.
If you have further questions, you can call the Clackamas County Juvenile Department. After hours you can also call the National Runaway Hotline at 1-800-621-4000.
What is the curfew for juveniles?
Oregon Revised Statute 419C.680 says: (1) No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, unless:
(a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent;
(b) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during these hours;
(c) The minor is legally emancipated.
In addition to the above noted State law, Clackamas County and several cities have enacted curfew laws as follows:
|Under 14||9:15 PM to 6:00 AM|
10:15 to 6:00 AM
|Sept thru May|
June thru August
|14 thru 17|
10:15 to 6:00 AM
|Sept thru May on Sunday thru Thursday|
12 AM to 6:00 AM
|Sept thru May on Friday or Saturday|
12 AM to 6:00 AM
|June thru August|
|Canby||Under 15||10:00 PM to 6:00 AM||All Week|
|15 thru 17||12:00 AM to 6:00 AM||All Week|
|Gladstone||Under 18 years||11:00 PM to 5:30 AM||All Week|
|Lake Oswego||Under 14 (and not in high school)||9:15 PM to 6:00 AM||Sunday - Thursday|
|10:15 PM to 6:00 AM||Weekend & Summer|
|15+ or in high school||10:15 PM to 6:00 AM||Sunday - Thursday|
|12:00 AM to 6:00 AM||Weekend & Summer or day prior to a holiday|
|Milwaukie||Under 14||9:15 PM to 6:00 AM||Sunday - Thursday|
|10:15 PM to 6:00 AM||Weekend & Summer|
|14 thru 17||10:15 PM to 6:00 AM||Sunday - Thursday|
|12:00 AM to 6:00 AM||Weekend & Summer|
|Molalla||Under 14 not in HS||9:15 PM to 6:00 AM||All Week|
|10:15 PM to 6:00 AM||June - August|
|14 thru 17||10:15 PM to 6:00 AM||Sunday - Thursday|
|12:00 AM to 6:00 AM||Weekends|
|Oregon City||Under 18||12:00 AM to 4:00 AM||All Week|
|Sandy||Under 14||9:15 PM to 6:00 AM||Sunday - Thursday|
|10:15 PM to 6:00 AM||Weekend & Summer|
|14 thru 17||10:15 PM to 6:00 AM||Sunday - Thursday|
|12 AM to 6:00 AM||Weekend & Summer|
|West Linn||Under 14||9:15 PM to 6:00 AM||All Week|
|10:15 PM to 6:00 AM|
|14 thru 17||10:15 PM to 6:00 AM|
|12:00 AM to 6:00 AM|
|Wilsonville||Under 18||12:00 to 4:00 AM||All Week|
Curfew laws apply until the youth reaches his or her 18th birthday or is legally emancipated.
The Clackamas County curfew law is as follows:
6.01.010 Purpose ORS 419C.680(4) authorizes the Board of Commissioners of any county to adopt an ordinance for a curfew restriction on minors applicable to areas not within a city, which has the same terms provided in ORS 419C.680(1), except for providing that the period of curfew may include hours in addition to those specified therein, and except for further providing for different periods of curfew for different age groups, and enacting such an ordinance is in the interests of the people of Clackamas County. [Codified by Ord. 05- 2000, 7/13/00]
6.01.020 Curfew Regulation, Restriction, and Hours for Minors The County of Clackamas, outside incorporated cities, hereby provides the following curfew regulations, restrictions and hours for minors, unless a minor is emancipated pursuant to ORS 419B.550 to 419B.558:
A. It shall be unlawful for any minor under 18 years of age to be, or remain, in or upon any street, highway, park, alley or other public place between the hours specified herein, unless such minor is accompanied by a parent, guardian or other person 21 years of age or over, and authorized by the parent or by law to have the care and custody of the minor, or unless such minor is then and there engaged in a lawful pursuit or activity which requires his presence in or upon such street, highway, park, alley or other public place during the hours specified herein. For the purpose of this chapter, the applicable hours of curfew shall be:
- As to minors under 14 years of age who have not begun high school, the hours shall be between 9:15 o’clock p.m. and 6:00 o’clock a.m. of the following morning, except that during the months of June, July and August, the hours shall be between 10:15 p.m. and 6:00 a.m. of the following morning.
- As to minors 14 years of age or over or who have begun High school, the hours shall be between 10:15 o’clock p.m. Sunday, Monday, Tuesday, Wednesday or Thursday, and 6:00 o’clock a.m. of the following morning, and between 12 midnight on Friday or Saturday, or any day prior to a legal holiday when no school is scheduled for said legal holiday, and 6:00 o’clock a.m. of the following morning, except that during the months of June, July and August, the hours shall be between 12 midnight and 6:00 o’clock a.m. Any minor violating any of the provisions of this chapter may be apprehended and taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subjected to further proceedings as provided in ORS Chapter 419C. [Codified by Ord. 05-2000, 7/13/00]
Is a juvenile record confidential?
Some parts of a juvenile record are confidential and some parts are not confidential. Generally a juvenile record consists of two parts, social and legal. The social file includes reports and material relating to the child's or youth's history and prognosis and are considered privileged. Except at the request of the youth, this information is not to be disclosed directly or indirectly to anyone other than the judge of the juvenile court, those acting under the judge's direction, and to the attorneys of record.
Information in the legal file which can be released includes the name and date of birth of the child or youth, the basis for the juvenile court's jurisdiction over the child or youth, date, time and place of any juvenile court proceeding in which the child or youth is involved, the act alleged by the youth, level of resistance at time of arrest, and that portion of the juvenile court order providing for the legal disposition of the charge.
If a youth has no legal file but has been placed on a Formal Accountability Agreement, the following information is not confidential:
- the name and date of birth of the youth,
- the act alleged, and
- the portion of the agreement providing for the disposition of the crime [reference ORS 419C.239(2)].
Further, information contained in reports or the child's history and prognosis may be released if, in the professional judgment of the juvenile counselor, caseworker, teacher or detention worker, that information indicates a clear and immediate danger to another person or to society. For further detail about confidentiality please refer to ORS 419A.255.
If you have further questions, you can call the Clackamas County Juvenile Department.
What is Measure 11?
Measure 11 is an Oregon law which says if a youth is 15, 16 or 17 years of age, and does any of the following list of crimes in Oregon, he or she must be tried as an adult and must go to prison for a legally mandated period.
Following is a list of the Measure 11 crimes and the associated mandatory sentence:
|Robbery II *||5 years 10 months|
|Robbery I||7 years 6 months|
|Sexual Abuse I||6 years 3 months|
|Unlawful Sexual Penetration II||6 years 3 months|
|Unlawful Sexual Penetration I||8 years 4 months|
|Sodomy II||6 years 3 months|
|Sodomy I||8 years 4 months|
|Rape II||6 years 3 months|
|Rape I||8 years 4 months|
|Kidnapping II *||5 years 10 months|
|Kidnapping I||7 years 6 months|
|Assault II *||5 years 10 months|
|Assault I||7 years 6 months|
|Manslaughter II||6 years 3 months|
|Manslaughter I||10 years|
|Conspiracy to Commit Murder||10 years 5 months|
|Attempted Murder||7 years 5 months|
|Conspiracy to Commit Aggravated Murder||10 years|
|Attempted Aggravated Murder||10 years|
|Aggravated Murder||30 years to life|
|Arson I||7 years 6 months|
|Using child in display of sexually explicit conduct||5 years 10 months|
|Compelling Prostitution||5 years 10 months|
* Under certain circumstances there may be a less than minimum for this crime.
Any attempt of the above crimes is also a Measure 11 crime.
With Measure 11 crimes probation, parole and early release are not allowed.
What is a Violation, Misdemeanor and Felony?
Generally, an offense is a "violation" if: (a) the offense is so described in the statute defining the offense, or (b) the statute prescribing the penalty for the offense provides that the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalty, (ORS 161.565). Under most circumstances the fine limitations for violations is the same as that for misdemeanor crimes.
A "crime" is an offense for which a sentence of imprisonment is authorized. A crime is either a misdemeanor or a felony (ORS 161.505). Generally misdemeanor crimes are considered less serious than felony crimes.
A crime is a misdemeanor if it is so designated in any statute of Oregon or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year (ORS 161.545). A fine can also be imposed.
Misdemeanor crimes are classified for the purpose of the sentence into the following categories:
|Misdemeanor Classification||Prison Term Maximum||Fines for Misdemeanors|
|Class A misdemeanor||1 year||$5,000|
|Class B misdemeanor||6 months||$2,000|
|Class C misdemeanor||30 days||$1,000|
Theft in the second and third degree (shoplifting), harassment, and some criminal mischief crimes are examples of misdemeanor crimes.
A crime is a felony if it is so designated in any statue of Oregon or if a person convicted under a statue of this state may be sentenced to a maximum term of imprisonment of more than one year (ORS.161.535). A fine can also be imposed.
Felony crimes are classified for the purpose of the sentence into the following categories:
|Felony Classification||Prison Term Maximum Limitation||Fines for Felonies|
|Class A felony||20 years||$300,000|
|Class B felony||10 years||$200,000|
|Class C felony||5 years||$100,000|
Unauthorized Use of a Vehicle, Theft in the First Degree, Burglary, Robbery and some Assaults are felony crimes.
What is a Status Offense?
A status offense is a law violation, (not a delinquency, crime or violation) which only applies to juveniles. For example, curfew is a status offense. A juvenile can commit the status offense of violating curfew but adults (those over 18) can, all things being equal, stay out all night long if they so wish. Other examples of status offenses include:
- Possession of tobacco
- Possession of alcohol, (though this is a peculiar one because it applies to those under 21 years of age).
- Being beyond control
- Behavior such as to endanger the welfare of the youth or others
- Youth who commit status offenses are not thought to be "delinquent" youth.
I am a victim of a juvenile offense, how can I find out about the case?
If you are a victim of property crime, contact the Juvenile Department and ask for the Victim Impact Program. You will be given an update on your case (if it has arrived at the Juvenile Department) and hearing notification (if one has been scheduled). You may also request information about your rights as a victim or other support services. In most circumstances, you should be able to know the general plan for your case within four weeks after it is received by the Juvenile Department. The Juvenile Court process is not secret and the Victim Services Coordinator can provide information to best understand the flow of your case and possible outcomes. Court proceedings are open to the public and the involvement and participation of victims is especially encouraged. If you are a victim of a person to person crime, please contact the District Attorney's Office for Victim Assistance at 503-650-3188 or 503-655-8616 (24 Hour Crisis Line).
How will I know what happens to the offender?
You always have the right to call and inquire as to the status of the case and what the outcome is. When the case is resolved, the Juvenile Department will send you an outcome letter along with the conditions the youth are obligated to abide by and complete. We will send a Closing Letter notifying you when the case is closed. It is very important to keep your address updated with the Juvenile Department. If you do NOT wish to receive any communications, please let us know. It is your choice.
How do I request financial compensation for damages and/or loss as a result of a juvenile crime?
Whenever a victim has incurred a loss as a result of a property offense committed by a juvenile, our department's philosophy is to try to restore that loss to you. This can be done in a number of ways. Our department has a victim offender mediation program where the offender and the victim can meet and enter into an agreement whereby a victim's loss can be restored.
Regardless of your choice to participate in a Victim-Offender Dialogue, you have the right to request restitution to be paid to you from an offender who caused your loss. It is very important that the Juvenile Department be made aware of any requests as soon as possible. Not providing such notification and supporting documentation in a timely manner may result in your right being forfeited. Please contact the Juvenile Department and ask for the Victim Impact Program. You can also print and complete the electronic Financial Loss Form. The judge may order a money judgment on the youth, meaning that if the youth does not pay you, the state can garnish the youth's wages, file liens against the youth's property or withhold any income tax rebates the youth may have. Again, these are all attempts to restore your losses.
You may also seek civil remedy of your case against the parents of the offender to recover actual damages. If your losses are under $2,500, you can file a claim with the Clackamas County Small Claims Court at 503-655-8446. If your losses are more than $2,500, you may want to retain an attorney. Parents of unemancipated youth are liable for actual damages to person or property caused by any tort committed by their child. The legal obligation of the parents shall be limited to not more than $7,500.
When will I get my money owed to me?
If restitution has been court ordered or agreed to in a Formal Accountability Agreement (FAA), you will receive notification. While every case is different, it is also important to know that the youth's capacity to pay restitution will vary for each youth. Restitution payments will typically begin after disposition –or resolution of the case. The payments will be mailed to you. It is very important you keep your address updated with the Juvenile Department.
How do I get my property returned if it has been recovered by the police?
Recovered property may be needed as evidence if the case goes to trial. For this reason, the police will not ordinarily release your property back to you until the District Attorney advises them in writing that it is no longer needed. Sometimes it is possible to photograph urgently needed property and then release it before trial - contact the Deputy District Attorney assigned to the Juvenile Division at 503-650-3106 for more information.
What if the juvenile's attorney or investigator wants to talk to me?
Anyone representing the youth is permitted to talk with you only if you agree. You do have the right to refuse to speak to an attorney or private investigator for the alleged youth offender. If you decide that you would like to speak with the juvenile's attorney or private investigator, you may request to have a Deputy District Attorney present. Contact the Juvenile Department or DA for more information.
I am the victim of a juvenile offender. What are my rights?
The Oregon Constitution, section 42 and ORS 419A.255 addresses victim's rights. The Juvenile Department shall provide you with these rights upon request by the victim. Some of these rights include, but are not limited to, releasing information concerning the name, date of birth, criminal history and future release of physical custody of the juvenile offender. As the victim you have the right to be informed of future court hearings. You also have the right to be informed of the charges filed against the youth and have a copy of the youth's disposition. If you have any questions regarding these rights or would like to pursue them, please contact the Juvenile Department.
In juvenile delinquency cases your child may be eligible for a court appointed attorney. As a parent of a child involved in a delinquent act, you are not eligible for a court appointed attorney. If the parent or the youth cannot afford to pay for the attorney, the court can so order an attorney be appointed. The judge will review a parent's income/financial qualifying form and make a decision concerning eligibility.
In dependency cases (child abuse, neglect and abandonment), parents may be appointed attorneys. Again, this will be based upon financial and income level criteria.
As the parent of a child involved in a delinquent act, you are not eligible for a court appointed attorney. You may, however, obtain an attorney to represent your interests if you think it is necessary.
If eligible, in dependency cases, (those involving child abuse, neglect or abandonment), parents may have attorneys appointed. The judge will review a parent's income as provided on a qualifying form and make a decision concerning eligibility.
What do I do if I see a young child being abused or neglected?
Your response to a situation like this should depend upon the level of urgency. If there is doubt in your mind and clearly no immediate danger you can call the State Department of Human Services and ask how to respond. If, on the other hand, the child is clearly in danger, do not hesitate to dial 911 and report the incident and details to the police. The State Department of Human Services - Clackamas Branch can be contacted at (971) 673-7112 or 1-800-628-7876. Oregon law states, "Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal . . ." [419B.025]