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Frequently Asked Questions About
Juvenile Law in Oregon
What is juvenile law?
The phrase "juvenile law" typically refers to juvenile delinquency, juvenile dependency, and emancipation.
What is juvenile delinquency?
Juvenile delinquency concerns offenses and behavior by a juvenile which would be considered criminal if committed by a person 18 years of age or older. The purpose of the Oregon juvenile justice system is to protect the public from juvenile delinquency, and to promote principles of personal responsibility, accountability, and reformation within the context of public safety and restitution to the victims and the community.
What happens if my child is detained or cited into juvenile court?
When a juvenile is suspected of committing a delinquent act, a petition is filed in juvenile court alleging that the youth should be under the jurisdiction of the court. In some cases, a juvenile may be detained by law enforcement and held in juvenile detention while awaiting the filing of a petition and the first court appearance.At the first court appearance, the juvenile and parents of the juvenile are made aware of the allegations and allowed the opportunity to consult with an attorney. If the juvenile or parents of the juvenile cannot afford an attorney, one will be appointed for all misdemeanors and felonies. However, if the allegation is a violation (i.e. Minor In Possession of Alcohol, Possession of Less than One Ounce of Marijuana, etc.), the juvenile and parents of the juvenile will not be entitled to an attorney and they will need to proceed without counsel (pro se) or retain a private attorney.
After the first court appearance, the juvenile has a choice to contest or admit the allegations. An attorney can be helpful in deciding the best course of action.
Typically there is no right to a jury trial in juvenile cases, and the court makes the necessary findings of fact and law. If the juvenile is found to be under the jurisdiction of the court, the court will have a dispositional hearing to decide what may be necessary to curb the delinquent behavior and provide restitution to the victims.
At disposition, the juvenile court has a fairly wide-reaching power and can require both the juvenile and the parents of the juvenile to do certain things, or refrain from certain things. A court may order a juvenile to pay restitution, attend school, comply with a curfew, serve detention time, perform community service, etc. A court may also order a parent to refrain from drug or alcohol use, attend counseling with the juvenile, supervise the juvenile, etc.
Are there any alternatives to going to court?
Yes. In many cases, matters can be resolved informally or with a Formal Accountability Agreement. Whether or not a case can be resolved outside of a formal court proceeding typically depends on the history of the juvenile and the seriousness of the alleged offense.
When are juveniles treated as adults?
Juveniles 16 & 17 years of age are treated as adults in some traffic violation cases. In serious felony (Measure 11) cases, juveniles 15-17 years of age are also automatically remanded to adult court.
Can juvenile records be expunged?
For most offenses, yes. Juvenile delinquency records can typically be expunged after the juvenile reaches 18 years of age, and five years have passed since the most recent case was terminated. Records can also be expunged faster at the discretion of the District Attorney (i.e. a juvenile found under the court's jurisdiction for MIP of Alcohol at age 17 with no previous or subsequent delinquent behavior may be able to have his/her record expunged at age 18 without having to wait five years).
Is there anything else important to know about juvenile court?
Juvenile court can sometimes seem rather informal, but the consequences of adjudication in juvenile court can be quite serious. Some cases carry mandatory driver's license suspensions, fines, and very expensive treatment programs which must be paid for (in part or in whole) by the parent. In some of the more serious cases, jurisdiction in juvenile court can result in commitment/incarceration of the juvenile well into adulthood (up to 25 years of age).In cases of alleged sexual abuse, adjudication in juvenile court can result in the juvenile being registered for life as a sex offender. The most important thing a juvenile and the parents of a juvenile can do if their child is alleged to be within the jurisdiction of the court is to refrain from discussing the details of the pending case, and contact an attorney as soon as possible (whether appointed or retained).
What is juvenile dependency?
Juvenile dependency cases concern child welfare as opposed to juvenile delinquency. There can be many types of allegations in a dependency cases, but there are generally two types: (1) allegations concerning deficient or neglectful parenting, or (2) allegations concerning an exceptional circumstances for a given child.An example of the first type of allegation might be when a parent is accused of leaving a young child unattended, failing to properly feed a child, allowing a child to live in an unsanitary home, or exposing a child to drug or alcohol abuse. An example of the second type of allegation might be when a child is physically disabled or has mental health issues and the allegation is that the parents, despite their best efforts and intentions, cannot provide the necessary level of care for the child.
How does a dependency case become initiated and what is the process?
Almost all dependency cases are initiated by the Oregon Department of Human Services (DHS) (sometimes still called "SCF" or "child welfare" generally). In emergency cases where there is a threat of harm to a child, DHS has the authority to remove the child from any environment which may put the child at risk for mental or physical harm. In non-emergency cases, DHS often allows a child to remain at home with the parents while DHS works with the family on a voluntary basis to raise the level of care to a minimum legal standard.In all dependency cases that go through formal court proceedings, a petition is filed with the court detailing why, in the opinion of DHS and/or the District Attorney's office, the child should be made a ward of the court. After the parents have been served with the petition and formally advised of the allegations, they will each be provided an opportunity to speak with their own lawyer. If either parent cannot afford an attorney, one will be appointed.
After consultation with their attorneys, the parents can either admit or deny the allegations. If the parents deny the allegations, there will be a trial before the court. There is no right to a jury trial in dependency cases. If the parents admit any of the allegations, or if the allegations on the petition are proven by a preponderance of evidence at trial, the court will find jurisdiction over the child and the child will become a ward of the court. This means the court will specify who exactly should care for the child, and what services should be offered to the parents (if any). In most cases, the court will give DHS great discretion on where to place the child, and how the child should be cared for.
Is there anything else important to know about dependency cases?
In the vast majority of dependency cases, DHS is mandated to help parents raise the standard of care for their children. DHS can be a very helpful agency in providing assistance to needy families and resources for parents. But no government agency is perfect, and sometimes there are legitimate disputes as to whether or not the government should be involved in a given family's affairs. Alternatively, there are some families where DHS is not involved, but perhaps should be.If you find yourself involved in a dependency case and you don't feel that you are being treated fairly by DHS, the District Attorney, or even the court, contact an attorney to discuss the matter. Dependency cases can sometimes evolve into termination cases (termination of parental rights) and you don't want to find yourself in a hole from which it's too deep to climb out.
Conversely, if you suspect that a child is being neglected or abused, you should report it to both DHS and law enforcement immediately. If nothing is done after your report and you still have concerns, contact an attorney to discuss your options. In some instances, you may be able to have an attorney file a dependency petition for you, if DHS refuses to address your concerns.
Romano Law, P.C. and Michael G. Romano are licensed to practice in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.