YOUTH FACES THE LAW:
A Juvenile Rights Handbook
The Pro Bono Committee of the Multnomah Bar Association - Young Lawyers Section is
pleased to present the 8th edition of Youth Faces the Law: A Juvenile Rights Handbook.
We wish to thank the following persons and organizations for making publication of the 8th
edition of the Handbook possible:
David Bean Deanna Laidler
John Belknap Rick Menchaca
Rachel Blumberg Steven Self
Cindi Chandler Amity Stauffer
Hope DelCarlo Jennifer Wagner
Natalie Hocken Eric Waxler
Sherilyn Holcombe Megan Wolter
Cover Artwork by Amanda Carter
Text Artwork by Corbin Garner, Nichole Haddon , Sandra Lara & Mariela Lopez
Spanish Translation by the Oregon State Bar Tel-Law Program
An Electronic version of this handbook is available at www.mbabar.org, or
www.osbar.org/1legallinks/public/infocenter/pamphlets/youthlaw/juvenile.html.
In addition, we wish to acknowledge the great amount of work performed by all of the
lawyers and others who generously gave of their time to write, research, edit and type earlier
versions of the English and Spanish Handbooks.
The Handbook was published by the Multnomah Bar Association - Young Lawyers Section
Pro Bono Committee and sponsored by grants from the Multnomah Bar Association - Young
Lawyers Section and the Oregon State Bar - New Lawyers Division.
The Handbook may be reproduced in whole or in part, but may not be sold. Any partial
reproduction should include the disclaimer on the following page.
Spring 2002
STATEMENT OF PURPOSE
The purpose of Youth Faces the Law: A Juvenile Rights Handbook is to provide you with a
brief overview of selected areas of the law affecting youth and to enable you to identify certain legal
issues that may concern you.
ABOUT USING THIS BOOK
The information in this book can help you learn about your rights and responsibilities in our
legal system. The more you know about the law, the better your chances for avoiding unnecessary
problems, and the easier it will be to make the law work for you. Many of the laws covered in this
book only apply in Oregon. If you travel to another state, make an effort to learn the local laws.
This Handbook is divided into eleven sections:
1. Student Rights: Your rights as a student in school.
2. Employment: How the law deals with young persons before the age of majority (18).
3. Life Before Majority: How the law deals with young persons before age 18.
4. Life After Majority: Life changes when you turn 18.
5. Health Issues: How the law affects your rights regarding your body.
6. Immigration and Naturalization: A brief description of laws regulating immigration
and naturalization for those persons who are not United States citizens.
7. Juvenile Laws and Rights: What happens if you get into trouble with the law, and
how the courts deal with young persons.
8. Criminal Laws and Punishments: What some of the criminal laws are and how they
affect you.
9. Deciding About a Lawyer: When you should seek the assistance of a lawyer.
10. Resources: Addresses and phone numbers of resources that assist youth.
11. Glossary: A brief list of legal terms with definitions.
DISCLAIMER
This Handbook contains advice as well as information. However, this Handbook is not a
complete reference on those areas of the law affecting youth, and should only be used as a guide to
how the law affects youth. It should not be relied upon as authority on any subject.
The Handbook is also NOT a substitute for a lawyer. The most important thing you can do if
you (1) have been arrested, (2) think you have a problem, or (3) believe your rights have been
violated, is to contact a lawyer. Lawyers can give you expert legal advice about what to do in
specific situations. Lawyers are trained to represent you and your interests. Lawyers who are
representing you are required to keep all communications confidential. That generally means your
lawyer cannot tell anyone, including your parents, what you have told him or her, without your
consent. The “Resources Section” of this Handbook contains the names, addresses and phone
numbers for legal organizations that can assist you in finding a lawyer.
TABLE OF CONTENTS
STUDENT RIGHTS...................................................................................................................1
INTRODUCTION...........................................................................................................1
DEFENDING YOUR RIGHTS .......................................................................................1
THE RIGHT TO AN EDUCATION................................................................................1
CONSTITUTIONAL RIGHTS........................................................................................2
FIRST AMENDMENT RIGHTS: FREEDOM OF RELIGION AND EXPRESSION....2
Religion ...............................................................................................................3
Student Expression...............................................................................................3
“Plainly Offensive” Speech..................................................................................4
School-Sponsored Speech ....................................................................................4
Personal Appearance............................................................................................5
Assembly.............................................................................................................6
FOURTH AMENDMENT RIGHTS: SEARCH AND SEIZURE....................................6
FOURTEENTH AMENDMENT RIGHTS: NO DISCRIMINATION ............................7
SCHOOL.........................................................................................................................9
Attendance...........................................................................................................9
School Rules ........................................................................................................9
Tobacco .............................................................................................................10
Punishment: Suspension or Expulsion...............................................................10
Other Punishment...............................................................................................11
STUDENT RECORDS..................................................................................................11
EMPLOYMENT.......................................................................................................................13
WHAT DOES THE LAW ALLOW?.............................................................................13
WHAT YOU NEED TO GET A JOB............................................................................13
WORKING CONDITIONS AND BENEFITS..............................................................14
Type of Work.....................................................................................................14
Hours.................................................................................................................14
Wages................................................................................................................15
Workers’ Compensation.....................................................................................15
LIFE BEFORE MAJORITY .....................................................................................................16
INTRODUCTION.........................................................................................................16
CONTRACTS ...............................................................................................................16
SMALL CLAIMS COURT ...........................................................................................16
CHILD ABUSE, NEGLECT OR ABANDONMENT....................................................17
What is child abuse or neglect? ..........................................................................18
EMANCIPATION.........................................................................................................19
MARRIAGE/PATERNITY/PARENTING ....................................................................20
Marriage ............................................................................................................20
Paternity.............................................................................................................20
Parenting............................................................................................................20
LIFE AFTER MAJORITY........................................................................................................21
TURNING EIGHTEEN.................................................................................................21
REGISTERING TO VOTE ...........................................................................................21
REGISTERING WITH SELECTIVE SERVICE ...........................................................21
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HEALTH ISSUES ....................................................................................................................23
INTRODUCTION.........................................................................................................23
SEXUALLY-RELATED HEALTH ISSUES................................................................23
Contraception.....................................................................................................23
Sterilization........................................................................................................23
Pregnancy ..........................................................................................................23
Abortion ............................................................................................................23
Sexually Transmitted Diseases ...........................................................................24
AIDS/HIV..........................................................................................................24
CONSENT TO TREATMENT......................................................................................24
Consent Generally..............................................................................................24
Consent by You .................................................................................................24
Consent by Your Parent or Guardian..................................................................24
Consent by Divorced Parents .............................................................................24
Consent by the Juvenile Court............................................................................25
REFUSING TREATMENT...........................................................................................25
TREATMENT...............................................................................................................25
Outpatient: Mental Disorder, Emotional Disorder, or Chemical Dependency .....25
In-Patient: Mental Illness ..................................................................................25
In-Patient: Chemical Dependency .....................................................................26
Emergency Treatment ........................................................................................26
Blood Donations ................................................................................................26
PAYING FOR TREATMENT.......................................................................................26
Payment by Parent or Guardian..........................................................................26
Social Security...................................................................................................26
Public Assistance ...............................................................................................26
Free Treatment by the Court...............................................................................26
ADVANCE DIRECTIVES............................................................................................27
YOUR RIGHT TO YOUR OWN MEDICAL RECORDS .............................................27
IMMIGRATION AND NATURALIZATION...........................................................................28
IMMIGRATION AND NATURALIZATION SERVICES (INS) ..................................28
CITIZENS.....................................................................................................................28
NON-CITIZENS ...........................................................................................................28
LEGAL PERMANENT RESIDENTS (LPRS) ..............................................................28
NON-IMMIGRANT VISAS..........................................................................................29
OTHER EXAMPLES OF IMMIGRANT STATUS.......................................................29
UNDOCUMENTED IMMIGRANTS............................................................................29
IMMIGRATION PROBLEMS......................................................................................29
IMMIGRATION LEGAL SERVICES...........................................................................29
JUVENILE LAWS AND RIGHTS ...........................................................................................31
JUVENILE COURT......................................................................................................31
JURISDICTION............................................................................................................31
WHEN THE POLICE STOP YOU................................................................................33
SEARCHES ..................................................................................................................35
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EXCEPTIONS TO THE WARRANT REQUIREMENT...............................................35
Stop and Frisk ....................................................................................................35
Consent to Search ..............................................................................................35
Search Incident to Arrest....................................................................................35
Probable Cause and Exigent Circumstances .......................................................36
Emergency Aid Doctrine....................................................................................36
Waiver of Rights................................................................................................36
COMPLAINT OR REFERRAL: THE FIRST STEP TO PROSECUTION ...................36
INFORMAL DISPOSITION .........................................................................................36
Diversion Program.............................................................................................37
Informal Disposition Agreements.......................................................................37
JUVENILE COURT INTAKE.......................................................................................38
PRE-HEARING DETENTION......................................................................................38
Juvenile Court Detention Hearing ......................................................................39
Conditions of Detention .....................................................................................39
PETITION.....................................................................................................................41
REMAND: TRANSFER TO ADULT COURT............................................................41
JUVENILE COURT PRE-TRIAL CONFERENCE.......................................................42
ADJUDICATION-TRIAL.............................................................................................42
JUVENILE COURT DISPOSITIONAL HEARING......................................................43
1. Simple Warning ............................................................................................43
2. Custody.........................................................................................................43
3. Probation.......................................................................................................43
4. State Training School....................................................................................44
5. State Office of Services for Children & Families (SOSCF)............................45
6. Other Dispositions.........................................................................................45
7. Dispositions for Status Offenders ..................................................................45
Duration of Disposition......................................................................................45
BALLOT MEASURE 11 AND ADULT COURT PROCEDURES ...............................45
What is Ballot Measure 11? ...............................................................................45
Ballot Measure 11 Pre-Trial Detention...............................................................46
Trial in Adult Court............................................................................................47
Sentencing in Adult Court..................................................................................47
Ballot Measure 11 Exceptions............................................................................48
Second Look......................................................................................................48
JUVENILE COURT RECORDS AND EXPUNCTION ...............................................49
Confidentiality of Records .................................................................................49
Expunction of Records.......................................................................................49
CRIMINAL LAWS AND PUNISHMENT................................................................................51
INTRODUCTION.........................................................................................................51
STATUTE OF LIMITATIONS .....................................................................................51
CRIMES IN PREPARATION .......................................................................................52
CONSPIRACY AND SOLICITATION.........................................................................52
CRIMES AGAINST PERSONS....................................................................................52
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SEXUAL OFFENSES...................................................................................................53
CRIMES AGAINST PROPERTY.................................................................................55
OFFENSES AGAINST PUBLIC ORDER.....................................................................57
CRIMES WITHOUT VICTIMS....................................................................................57
Alcohol and Automobiles...................................................................................57
Provisional License ............................................................................................58
Drugs & Marijuana ............................................................................................59
Other Offenses ...................................................................................................59
SAFETY LAWS............................................................................................................61
STATUS OFFENSES....................................................................................................61
CURFEW LAWS ..........................................................................................................62
PUNISHMENT FOR CRIMES .....................................................................................63
MAXIMUM PUNISHMENTS, CLASSIFICATIONS and FINES .....................64
SCHEDULE OF COMMON CONTROLLED SUBSTANCES..........................64
CLASSIFICATION OF FELONIES ..................................................................65
CLASSIFICATION OF MISDEMEANORS......................................................67
VIOLATIONS ...................................................................................................68
DECIDING ABOUT A LAWYER............................................................................................69
DO YOU NEED A LAWYER? .....................................................................................69
IF YOU NEED A LAWYER, HOW DO YOU FIND ONE? ........................................69
HOW CAN YOU TELL IF YOU HAVE THE RIGHT LAWYER? .............................69
RESOURCES ...........................................................................................................................70
GLOSSARY .............................................................................................................................83
1
STUDENT RIGHTS
INTRODUCTION
The laws of most states, including Oregon,
require young persons to attend school. Your
rights while at school are not always clear,
partly because the law on student rights has
been changing rapidly, and partly because
different schools have different rules.
In general, schools have the right to make
and enforce rules dealing with student
behavior. The school’s power is not absolute,
however.
First, the authority of the school covers only
educational and related matters. This means
that school rules must have a valid educational
goal.
Second, a public school’s rules and actions
must not violate your rights under the United
States Constitution. Some of these rights are
“substantive” (like free speech), while others
are “procedural” (like certain procedures the
school must follow before expelling a
student). While these rights may be limited to
fulfill educational goals, your rights do not
vanish simply because you are in school.
The following sections outline your legal
rights as a student.
DEFENDING YOUR RIGHTS
The fact that you have a right does not mean
that a teacher or principal will always
recognize it. But if you are aware of your
rights, often a polite reminder to the teacher or
principal will be enough to protect you against
unfair treatment or punishment.
If possible, you should work within the
school system to oppose illegal or unfair
policies and actions. Going to court should be
a last resort because of the time, effort, and
expense involved, and the uncertainty of the
result. Also, generally, courts will refuse to
deal with an issue until the complaining
person has tried to resolve the problem within
the school system.
THE RIGHT TO AN EDUCATION
Schools are for your use and benefit.
Oregon law requires the state to provide you
with an education, and this right does not end
when you reach 18. If you turn 19 during a
school year, you have a right to finish that
school year. If you are under 21 at the
beginning of a school year, and are receiving
special education or need additional education
to get your diploma, you also have a right to
attend school. Pregnant students or students
who are parents are entitled to attend school
and may not be expelled from public school
because of their pregnancy or the fact that
they are parents. In fact, such students are
entitled to special educational services.
Students who are pregnant or parenting
must be: 1) made aware of special services in
their school district or community, 2)
provided life skills, parenting, and/or child
care classes and counseling, and 3) provided,
in general, with educational programs and
schedules that meet their lifestyles.
The right to an education means that you
cannot be denied an education because of
something that is not within your control. For
example, a student who does not understand
2
English must receive special instruction
and/or bilingual classes. A student who has a
mental or physical disability has a right to
special classes to accommodate the disability.
Talented and gifted students may also be
entitled to participate in special programs if
their school district has such a program.
Under a federal law called the Individuals
with Disabilities Education Act, children with
certain disabilities must receive free
appropriate education. Some of the covered
disabilities are autism, blindness, deafness,
emotional disturbance, brain injury, and some
learning disabilities. Oregon has its own laws
that put the federal law into practice. In some
districts, you may be entitled to education
under these laws through age 21.
Your parents, guardian, or the school may
request at any time that you be tested to see if
you need special education due to disability.
If the school requests that you be tested to see
if you need special education because of a
disability, and you, your parent, or your
guardian do not want you to be tested, you
have a right to a hearing. If you have been
tested and the school says you should get
special education, you have a right to be
re-tested and the school must pay for the test.
If you have been placed in a special program
for reason of disability, you have a right to a
review of your placement at least once every
three years. You may request more frequent
reviews.
If you have a disability, the school district
will put you on an “individualized education
plan” (IEP) that sets educational goals for the
coming year and lists resources you can use in
achieving those goals. You have the right to
be put in the least restrictive environment
available to meet your needs. For example,
the school may not put you into a classroom
with only other disabled children unless the
school cannot provide you with a satisfactory
education in a classroom with non-disabled
students. Your IEP must be reviewed and
updated every year, or more often if your
parent, guardian or teachers request it. Your
parent, guardian or teacher may request a
review at any time if they believe your current
IEP is not effective.
Your school district must also give students
access to alternative education programs.
These programs include special classes and
groups that are designed to help students
achieve their educational goals in a manner
helpful to the students’ own learning styles
and needs. An educational program for
pregnant students who are parents or pregnant
students with special schedules and other
services is one example of an alternative
education program.
Your right to an education means you are
entitled to an effective and meaningful
learning program. However, this is a hard
thing to measure. You have a right to state
your opinions about the school programs in
which you must participate. If you have
suggestions or criticism about your school,
you should explain them to your teacher,
principal, or school board.
CONSTITUTIONAL RIGHTS
The U.S. Constitution limits what the
government may do, including public schools
and their officials, but not private or parochial
schools. The most important constitutional
rights affecting young persons in school are
those protected by the First, Fourth, and
Fourteenth Amendments of the U.S.
Constitution, discussed below.
FIRST AMENDMENT RIGHTS:
FREEDOM OF RELIGION
AND EXPRESSION
The First Amendment protects freedom of
speech, press, religion, and peaceable
3
assembly. It covers the right to demonstrate,
pass out leaflets, or state your opinions. Of
course, no right is absolute. You cannot
legally yell “fire” in a crowded movie theater
if there is no fire; and you cannot use freedom
of religion as an excuse for theft, murder, or
any other crime. Courts have had a difficult
time balancing students’ constitutional rights
against the schools’ need for order and
control.
Religion
The First Amendment to the U.S.
Constitution provides, in part, that “Congress
shall make no law respecting the
establishment of religion, or prohibiting the
free exercise thereof....” The framers of the
U.S. Constitution included this provision
prohibiting governmental support of religions
as a way to ensure that the government could
not interfere with nor influence religious
views and practices. For example, officially
sponsored school prayer violates the First
Amendment. The U.S. Supreme Court has
held that because public schools are
governmental institutions, they cannot sponsor
praying, Bible readings, or religious
observations of any kind in schools, including
at graduation services. Additionally,
“moments of silence” have been held by the
Court to be “religious” and thus,
unconstitutional, unless it also serves a non-
religious purpose.
The law respecting whether students can
meet on school grounds in extracurricular
religious groups is constantly evolving. You
may want to seek the legal advice of a lawyer
if you have any questions regarding this issue.
Student Expression
Guidelines for students and schools
regarding free expression rights are found in
Tinker, a case decided by the United States
Supreme Court in 1968. In Tinker, three
students decided to wear black armbands as a
way to protest the nation’s involvement in the
Vietnam War. The school learned of the
students’ plans and passed a rule that any
student who refused to remove his or her
armband would be suspended from school.
The students wore their armbands anyway,
and were suspended. The students filed a
lawsuit and the case eventually reached the
U.S. Supreme Court.
The Court found that since the students had
not disrupted school activities or interfered
with the educational programs of the school,
the school did not have the right to punish
students for expressing their beliefs.
The Tinker Court held that students have the
right to express their opinions in school if they
do so “without materially and substantially
interfering with appropriate discipline in the
operation of the school and without colliding
with the rights of others.” Called the
“substantial disruption” test, this rule does not
provide First Amendment protection to a
student if your actions substantially disrupt
the school’s ability to maintain order in the
school and to provide you and others an
education. It is often hard to agree on what a
“substantial disruption” is. Disruption caused
by other students disagreeing with you is not a
valid reason for a school to deny you your
rights to express yourself. Nor is it enough
that the principal has some vague fear that
your opinions will cause trouble.
However, if school officials can provide
specific reasons for their concern that your
actions will cause disruption, they may ask
you to express your opinion in another
manner. For instance, courts have usually
agreed with school officials that
demonstrations cause enough disruption to be
prohibited, because such conduct by students,
4
either in class or outside of it, will likely
disrupt schoolwork or involve substantial
disorder or invasion of the rights of others.
On the other hand, a school cannot require
students to say the pledge of allegiance or
stand for the national anthem. Additionally,
students have the right to pass out leaflets,
newspapers, or other statements of opinion in
school. However, the school can put limits on
the time, place, and manner of your
expression. For example, if you want to pass
out leaflets in school, you may be required to
do something to reduce the litter or the
disruption.
“Plainly Offensive” Speech
Some kinds of speech are not subject to the
“substantial disruption” test because they are
“plainly offensive.” For example, in 1986, the
U.S. Supreme Court heard the Fraser case, in
which a high school student gave a speech
using “an elaborate, graphic, and explicit
sexual metaphor” to a school-wide assembly.
The student was suspended and filed a lawsuit
that eventually reached the U.S. Supreme
Court.
The Court noted that there was a “marked
distinction” between the students’ political
message in Tinker
and the sexual message in
this case. The Court stated that the speech
was lewd, indecent, obscene, and plainly
offensive and concluded that a “high school
assembly or classroom is no place for a
sexually explicit monologue.” The Court also
concluded that a school regulation prohibiting
obscene or profane language was not
unconstitutional.
Your rights could be broader under the
Oregon Constitution than indicated in the
Fraser
case. You may want to seek the advice
of a lawyer if you have any questions
regarding this issue.
School-Sponsored Speech
Suppressing expression is not justified
because school board members disagree with
views expressed or fear that voters who
elected them will react negatively. For
example, it was held unconstitutional to pass
an order barring political speeches in a school
just because many persons had signed a
petition opposing a teacher’s plan to allow a
member of the Communist Party to speak to
his political science class.
A student newspaper or other publication is
part of a “school-sponsored program,” such as
those published as part of a journalism class,
when it is for an educational purpose, taken
for credit, and with teacher supervision. If the
newspaper is part of a school-sponsored
program and students do not have the
authority to make all content decisions, then
the newspaper’s publication is considered part
of the school curriculum and school officials
may regulate its content based upon a
reasonable educational justification.
However, if the newspaper is not part of a
school-sponsored program (such as an
“underground newspaper”), school authorities
may not regulate its content unless they can
prove a “substantial disruption” would result.
This would be the case where the paper libels
(knowingly prints false information about) an
individual, contains obscenity, or invades
someone’s personal privacy. However, the
publication of controversial material or the
criticism of teachers and school authorities
generally may not be prevented, unless
physical violence or destruction of school
property is likely to result.
In Hazelwood School District v. Kuhlmeier,
decided in 1988, the U.S. Supreme Court
upheld the right of public high school
administrators to censor stories concerning
5
teen pregnancy and the effects of divorce on
children from a school-sponsored student
newspaper.
The most significant aspect of the
Hazelwood decision is the emphasis it gives to
determining whether a student publication is
or is not a “public forum” for student
expression. If the student expression comes in
a school-sponsored activity, it does not
receive strong protection under the First
Amendment because this is not a “public
forum.” However, if the expression is not part
of a class activity or a school-sponsored
pursuit, then students generally have greater
freedom to express themselves.
Hazelwood expanded the authority of school
officials to censor a student publication that is
a school-sponsored program, allowing them to
censor these kinds of publications if they can
show that the censorship is “reasonably
related to legitimate pedagogical [educational]
concerns.” Under this rule, school officials
might be able to censor: material that is
“ungrammatical, poorly written, inadequately
researched, biased or prejudiced, vulgar or
profane, or unsuitable for immature
audiences.” Potentially sensitive topics, such
as “the essence of Santa Claus in an
elementary school setting,” “the particulars of
teenage sexual activity in a high school
setting,” “speech that might reasonably be
perceived to advocate drug or alcohol use,
irresponsible sex, or conduct otherwise
inconsistent with the shared values of a
civilized social order” may also be censored.
In addition, the Court said school officials can
censor material that would “associate the
school with anything other than neutrality on
matters of political controversy.” School
officials were not given limitless authority
under Hazelwood. They still have the burden
of justifying their censorship under this “valid
educational purpose” standard.
For all public forums, extracurricular and
underground publications, the Tinker standard
is still the law. School officials can only
censor those publications when they can
demonstrate a material and substantial
disruption of school activities or an invasion
of the rights of other students.
However, any curricular, non-public forum
student activity that involves student
expression could be affected, such as
theatrical productions and other student
activities such as art shows.
The Supreme Court was only ruling on the
protections the First Amendment offers to
public high school students. However, the
Court left open the possibility that other
avenues of protection, including everything
from state constitutional provisions or state
laws to school board regulations, may still
prevent school officials from censorship of
student expression in private school settings
or at other levels of public schools.
Personal Appearance
Personal appearance may be another way to
express your beliefs. School officials have the
authority to institute dress codes that prohibit
you from wearing certain clothing if wearing
such clothing causes a “substantial disruption”
to school operations. Again, the school
officials must be able to point to a specific
reason for their concern that certain clothing
will cause such a “substantial disruption” to
school operations. Regulations that are made
for reasons of health and safety are generally
allowed. For example, a ban on shoes with
cleats would be a reasonable way to protect
the school’s floors.
6
Assembly
The First Amendment also protects the right
of assembly. However, school authorities
have the right to require that school-sponsored
student clubs or groups not discriminate in
their membership on the basis of race, sex, or
religion. Fraternities, sororities, and other
“secret societies” are prohibited under Oregon
law in public elementary and secondary
schools.
FOURTH AMENDMENT RIGHTS:
SEARCH AND SEIZURE
The Fourth Amendment guarantees a person
freedom from unreasonable searches and
seizures. Although the law recognizes that
students have a legitimate expectation of
privacy, this expectation of privacy is less for
students in school than for the general public
because it is balanced against the school’s
need to maintain a safe learning environment.
The standard to be used by school staff in
searching a student is “reasonableness under
the circumstances” or “reasonable cause.” If
school authorities do not have “reasonable
cause” to search you, and a search is made
anyway, they may be liable to you for money
damages.
A search is reasonable if it is justified and
the scope of the search reasonably relates to
the circumstances justifying it. For example,
a search is justified when reasonable grounds
exist for suspecting that evidence will be
found that you have violated the law or school
rules. The scope of the search depends upon
the nature of the infraction as well as your age
and sex. A search may not be excessively
intrusive. For example, you may not be
strip-searched for cigarettes.
The U.S. Supreme Court recently decided
that random urinalysis—which is viewed as a
“search”—of student athletes in the Vernonia
School District in Oregon was reasonable
under the Fourth Amendment. The school
would not let a student play football because
he and his parents would not consent to the
school district’s random drug and alcohol
testing. The student and his parents sued the
school district, and the case eventually
reached the U.S. Supreme Court. The Court
concluded that the school’s testing program
was reasonable because: (1) students in
general, and student athletes in particular,
have a lower legitimate expectation of
privacy; (2) the way the testing was conducted
meant that the invasion of privacy was not
significant; and (3) there was evidence that the
school district had a present, severe drug and
alcohol problem, which the school had an
important interest in addressing.
However, this decision does not mean that
all drug and alcohol testing in schools is
reasonable. The Court addressed only the
situation of students who wanted to participate
in voluntary sports programs—the Court did
not approve of random testing of other
students. If you are asked to submit to
urinalysis, you are entitled to a test conducted
in privacy. Although a same sex adult may be
in the room and listen to you urinate, girls
should be able to use stalls with closed doors
and boys should be able to stand fully clothed
at a urinal with the adult a significant distance
behind.
Also, the school should limit the number of
persons with access to your test results, and
the persons who do have access should have a
good reason for having it. The lab doing the
test should not know your identity. If the
school asks you for a list of prescription
medications you are taking, you should agree
to provide it only in a sealed envelope to be
opened by the lab. The testing cannot be used
for other purposes, such as to find out if you
7
are pregnant.
It is important to remember that if police are
involved, a higher standard must be met
before police may conduct a search. This
standard is “probable cause,” which means
having specific and clearly stated facts that
indicate the law or school rules have been
violated.
You always have the right to say no when
asked by either school officials or police if
they may search your belongings. If you say
no, this does not necessarily mean the search
will not happen. However, it can affect the
ability of the school or police to use what they
find during the search as evidence against
you. If the search was not legal, the results of
the search may not be used as evidence and
you may be entitled to money damages. If
you agree to the search, it does not matter if
the search was not legal as described above—
the results of the search can be used as
evidence. Always keep in mind that the
school and police cannot force or pressure you
to say yes.
A warrant is not required to search you
under the school’s authority. However, the
police generally must have probable cause and
a warrant to search you outside of school (see
the “Juvenile Laws and Rights Section” of this
Handbook for further information on searches
and seizures outside of school).
You need to know the school’s locker
policy before you may assume that your
locker is private. A lock is no guarantee of
privacy. A school may retain the right to
search lockers under certain circumstances,
for example, when school officials retain joint
control over the locker with you, or if the
school’s policy is to regularly inspect student
lockers. The school should have a specific
written policy about locker searches.
Courts see public school authorities as
officials of the state. If questioned about a
criminal matter, you do not have to answer
any questions from the principal or the police.
In these circumstances, you should be
advised of your “Miranda Rights” (see the
“Juvenile Laws and Rights Section” of this
Handbook for further information about when
the police stop you). In general, unless you
are sure that a simple statement of truth will
clear you, it is better to say nothing and
consider consulting a lawyer.
FOURTEENTH AMENDMENT RIGHTS:
NO DISCRIMINATION
Legally, discrimination means being treated
differently from other persons in the same
situation without a good reason. In Oregon it
is illegal to discriminate in any public school,
school program, service, or activity. Oregon
law defines discrimination as “any act that
unreasonably differentiates treatment,
intended or unintended, or any act that is fair
in form but discriminatory in operation, either
of which is based on age, disability, national
origin [country person is born in], race,
marital status, religion, or sex.”
An obvious example is racial discrimination.
There is no good reason to treat persons
differently because of the color of their skin.
For example, it is discrimination to set school
district boundaries to either consolidate or
separate students based upon race.
Disabled students are protected from
discrimination by an important federal law
called the “Americans with Disabilities Act”
(the ADA). Under the ADA, “disabled” has a
broad meaning, including having a physical or
mental handicap that substantially limits a
“major life activity,” such as walking, hearing,
or caring for oneself. For example, under the
ADA, deaf students, students in wheelchairs,
8
and students with AIDS are all considered
disabled. If a disabled student presents a
health or safety risk, the school may take steps
to protect other students and staff.
The ADA prohibits schools (and other
institutions such as stores and restaurants)
from excluding the disabled or refusing to
make changes to their facilities to allow the
disabled to use them. This means that schools
must, for example, provide ramps, special
doorways and accessible classrooms and
restrooms for wheelchair-bound students.
Disabled students must also be allowed to
participate in school and school activities and
to benefit from them in the same manner as
non-disabled students. For example, a
different or separate physical education class
for deaf students or students in wheelchairs
might be illegal under the ADA, unless the
school can prove that such a class is necessary
to provide the disabled students with an equal
educational experience.
Mental handicaps are more complicated.
Schools will always fail students who simply
do not learn. But some handicaps such as
cerebral palsy may cause a person to be
unable to write. Under traditional academic
standards, this might cause a student to fail,
but if a teacher were to accept a tape-recorded
term paper, the student would be better able to
succeed. If you are disabled, you may have a
right to special education. See “The Right to
an Education Section” of this Handbook.
While sex discrimination is against the law,
the problem is deciding when there is good
reason to treat males and females differently.
It is legal and sensible to have separate
restrooms and locker rooms. Yet it is illegal
to exclude boys from home economics classes
or girls from shop or auto mechanics classes.
Physical education classes must be
coeducational, except where contact sports
(football, basketball, wrestling, etc.) are
involved. Intramural and interschool athletic
programs must provide equal opportunities for
both sexes, all ages, ethnic groups and
disabled students. Schools need not provide
the exact same funding for separate-sex teams,
but teams for both sexes must each be given
necessary financial support.
If you have attended one school, either
public or private, and transfer to another, you
must be allowed to participate in sports.
Oregon law prohibits schools from refusing to
allow you to participate in athletics just
because you transferred, whether or not you
participated in athletics at another school.
The law covering discrimination on the
basis of sexual preference is relatively new
and changing all the time. In general, the
basic principles discussed under First
Amendment Rights in this Handbook protect
gay students’ rights, as well as the following:
First, school officials do not have control
over a student except when he or she is on
school grounds. Thus, a gay or lesbian
student can date or socialize with whomever
he or she chooses without fear of
repercussions by school officials.
Second, all students have a right to be
treated fairly, and school officials cannot
make arbitrary rules that discriminate against
gay and lesbian students. Actions such as
exclusion from school, school activities, or
sports because a student is gay or lesbian
would most likely violate the student’s due
process rights.
Third, a gay or lesbian student’s freedom of
speech or expression may not be restricted
unless his or her speech would cause a
material and substantial interference with
9
schoolwork or discipline. The objections of
other students to a gay or lesbian student’s
discussion of his or her preferences or the
distribution of leaflets or buttons are not
enough to cause such a material and
substantial interference. Gay or lesbian
students should also be allowed access to
school newspapers and bulletin boards.
Fourth, in 1993, the Oregon Legislature
enacted a law prohibiting any “political
subdivision of the State” from enacting or
enforcing a rule or policy that singles out
persons or groups of persons. If you believe
your school board has violated this law, you
may be able to get a court order requiring the
school board to stop violating the law. Right
now, it is not certain that a school board is a
“political subdivision.” You may want to seek
the advice of a lawyer if you have any
questions about this issue.
What can be done to stop discrimination?
Make your experiences known. Talk to your
parents, school counselor, and teachers. Talk
to other students and try to get the school to
change its policy. If informal action does not
work, call a group like the American Civil
Liberties Union (ACLU), which can refer you
for help or file a complaint with the school
board. See the “Resources Section” of this
Handbook.
SCHOOL
Attendance
Oregon law requires students between the
ages of 7 and 18 who have not completed the
12th grade to attend public school. However,
certain exceptions to this law exist for:
• Students attending private school.
• Students who prove to the satisfaction
of the school board that they have
acquired equivalent knowledge to that
taught in grades 1-12.
• Students being taught in an approved
home-study course.
• Students aged 16 or 17 who are
employed full-time, or work part-time
or who attend community college or
other alternative education programs.
• Students who are “emancipated
minors” or who have initiated the
procedure for emancipation under
Oregon law.
Under a new Oregon law, school districts
may adopt policies allowing teachers to
consider attendance in determining grades and
deciding whether to give credit for classes.
For information about the results of
skipping school, see the truancy section of the
“Criminal Laws and Punishments Section” of
this Handbook.
School Rules
Each school district must prepare written
rules of student conduct that include all of the
topics discussed in this section. While
individual schools may also have rules, they
will often be less complete than the school
district’s rules.
You have a right to a copy of the school
district’s rules, which you should get and read
so you will know what is expected of you and
what procedures the school district has set up
to handle problems. Many school districts
have complaint procedures that you can use to
work within the school system to challenge
unfair policies. You can start these
procedures on your own if you have
10
complaints.
Tobacco
It is against Oregon law for anyone under 18
to possess tobacco products. Schools must
also have a written rule prohibiting the
possession of tobacco products on school
grounds or while attending school activities.
This law covers public schools, private
schools, and juvenile training/detention
facilities.
Punishment: Suspension or Expulsion
Your right to an education can be taken away
from you temporarily if you violate school
rules. Suspension is a temporary removal
from school and cannot be longer than ten
school days. Expulsion is a removal from
school that cannot last longer than one
calendar year.
The following acts are grounds for
suspension or expulsion under Oregon
law:
• Willful disobedience.
• Open defiance of a teacher’s
authority;
• Use of profane or obscene language;
• Willful damage to school property;
• Injuring or threatening to injure a
fellow student or intimidating or
harassing a school employee.
Your school district may list additional
reasons for suspension or expulsion such as
theft, possession of dangerous instruments, or
possession or use of drugs or alcohol. Under
a new Oregon law, each school district must
have a policy requiring one-year expulsion for
students who bring weapons to school.
Another new law allows school districts to
have policies under which schools can request
that your driver’s license or permit be
suspended or that you not be allowed to apply
for a license or permit, if you have been
expelled or suspended for certain reasons.
Instead of suspension, you can be required to
come to school during non-school hours.
Rules for suspension and expulsion vary in
each school district. In general, however, the
more serious the violation of the school rule,
the more likely you are to be expelled.
Suspension does not necessarily come
first--you can be expelled without first being
suspended. Rules for suspension and
expulsion vary in each school district. Check
the district handbook, which you can pick up
at your school office.
The Fourteenth Amendment to the U.S.
Constitution guarantees your right to “due
process” whenever the school attempts to take
away your right to an education. This means
that the school must follow procedures that
protect you against unfair treatment. What is
considered unfair treatment will depend on the
seriousness of the charges against you and
what action the school intends to take. In any
case, these procedures must be reasonable and
clearly spelled out and you must be made
aware of them.
For suspension, the law requires only that
you be told of the charges against you and be
given a chance to tell your side of the story.
Telling your side of the story may not mean a
formal interview in the principal’s office. It
can merely be a principal or teacher asking
you in the hallway: “What happened?” This
must be done before you are suspended,
unless there is a serious risk that great harm
will occur if you are not suspended
immediately. In that case, you may be
11
suspended first and given a chance to explain
later. Since suspension lasts only a few days,
there is no further action you can take.
However, you may want to have your
explanation of the events that caused the
suspension added to your student behavioral
records.
For expulsion, the law requires that you be
given a full hearing prior to the expulsion.
This includes the following rights:
• To be told of the charges against you
and the specific facts on which the
charges are based;
• To be given notice of the hearing;
• To bring a lawyer or other
representative to the hearing;
• To question, or have your lawyer
question, witnesses who testify
against you;
• To present witnesses in your favor;
• To receive a written decision.
The hearing will be private, unless you or
your parent or guardian request a public
hearing. If you go through the school’s
expulsion procedures, including appeals, and
are expelled, you can then take the matter to
court.
In almost all cases, you would be suspended
while the school decides whether to expel you
and until the expulsion hearing is held.
However, in most cases, suspension should
not last longer than five school days, unless
there are special circumstances. In no case
may suspensions be longer than ten days.
If you or your family has a lawyer, it is a
good idea to bring your lawyer to the
expulsion hearing. This will ensure fair
treatment of you during the hearing.
Other Punishment
In Oregon, corporal (bodily) punishment is
illegal. A teacher’s authority to discipline
students does not authorize the willful
infliction of physical pain on a student.
However, Oregon law does permit a teacher
to use reasonable physical force upon a
student “when and to the extent the teacher
reasonably believes it is necessary to maintain
order.” This means that reasonable physical
force may be used for the protection of other
students and teachers. Punishment which
inflicts a lasting injury is clearly illegal and
you can sue the teacher, principal, school or
school district for money damages.
Schools have other methods of punishment
that are generally legal as long as they do not
deny you your right to an education or take
away other important rights without “due
process.” Each district has its own rules. You
can find out about the rules in your district by
contacting your school’s principal. The
school must show you a copy of the district’s
rules of student conduct and discipline.
STUDENT RECORDS
Your school records can be important to
your future. School records are supposed to be
confidential, and should not be released
without written consent from you (if you are
18 or older or if you are attending only a
post-secondary school), your parent, or your
guardian. However, when you apply for a job,
military service, or college, your school
records are often required as part of the
application process. Because school records
summarize an important part of your life, it is
a good idea to check your records to see if
12
they are accurate.
Until you turn 18, you do not have a legal
right to look at your records. On the other
hand, the law does not require that the records
be kept from students. Some school districts
may allow you to see your records, even if
you are under 18. Check your school’s policy
on this. Also, your parent or guardian has a
right to see your records. You can find out
what is in them by getting your parent or
guardian to check. Schools must have student
records policies and must give you a copy of
the policy if you ask for it.
Once you know what is in your records, you
can decide whether you want to allow the
school to release them. If you do not want
them released, simply make sure you (or your
parent or guardian) do not give permission. It
is also a good idea to put this restriction in
writing to your school principal. Although
generally schools need your (or your parent’s
or guardian’s) consent before releasing your
records, there are exceptions. Situations in
which schools may release records without
consent include requests from another school
or college that you have applied to and
requests in connection with a “health or safety
emergency.” If your records have been
wrongfully released, you may be able to sue
and receive money damages.
If you find something in your records that is
incorrect, misleading, or irrelevant, you can
challenge it. The exact procedures will vary
in different schools. However, you must be
allowed to have a hearing before an impartial
person and ask to have the record changed.
At the hearing, you must be given the chance
to present your reasons for disagreeing with
what is in your records. You may bring a
lawyer to the hearing if you wish. Even if the
school decides not to change your record, you
or your parent or guardian have the right to
put into your record an explanation or a
statement of why you disagree and that
statement must always be provided when the
school releases that part of your records.
When a teacher or other school official
writes a job or college recommendation for
you, that becomes part of your official record.
You should be able to find out what the letter
of recommendation says, just like any other
part of your record.
Grades are an essential part of your school
record. Grades should reflect only your
academic achievement. Your grade cannot be
based only on misconduct or bad attendance.
Attendance problems may be a factor in your
grade only if the teacher shows how
attendance relates to educational goals.
Excused absences or absences due to religious
reasons or your disability can never be factors
in grading. If you think a teacher has
improperly graded you, you have a right to
challenge the grade just like any other part of
your record. You are also entitled to a hearing
on the matter.
If you have lost, willfully damaged, or
injured school property, or failed to pay fees,
the school may withhold grade reports,
diplomas, and records until an agreement
about payment is reached.
13
EMPLOYMENT
There are special laws for minors who work
for money known as the “Child Labor Laws.”
These laws protect you from being used as a
source for inexpensive labor and protect you
in the workplace. The Child Labor Laws in
Oregon also regulate how you get a job, the
number of hours you work, and the pay you
will receive.
WHAT YOU NEED TO GET A JOB
To apply for a job in Oregon you must have
a social security number. It is possible that
you already have one. Check with your parent
or guardian. If you do not have a number, you
can get one from the Social Security
Administration. The Social Security
Administration has offices in various locations
throughout the Portland Metro area. See the
“Resources Section” of this Handbook.
If you are under age 18, you can obtain a
social security number either in person or
through the mail. You will need to complete
an application, which you can request over the
phone by calling (1-800-772-1213). If you
are over 18, you must appear in person. The
application must be completed using blue or
black ink. Your parent does not need to sign
the form unless you cannot sign your name
using cursive handwriting. For a first time
application, you also need to provide a
certified copy of your birth certificate (if you
were born in Oregon you can get a copy from
Oregon Vital Records, see the “Resources
Section”), and one form of identification such
as an immunization record, a medical record,
a report card, or any kind of bill with your
name on it. You must provide the Social
Security Administration with the original
of
this piece of identification. If you are
applying by mail, the Social Security
Administration will mail it back to you.
If you were born outside the U.S., in
addition to the above, you will need
documentation showing that you are legally in
the U.S. You should call the Social Security
office before you apply for your social
security number to make certain you have the
correct documents.
As of September 1995, minors no longer
need to obtain work permits before they can
be employed. It is your employer’s
responsibility to check your age and comply
with state permitting laws. If you are under
14, you and your employer may have to
jointly apply to the State for permission for
you to work. Your employer or the State
Bureau of Labor and Industries, Wage and
Hour Division can give you more information.
See the “Resources Section”.
Once you have your social security number
you may apply for any job for which you
qualify. To determine if you are qualified, the
employer will conduct an interview where he
or she will ask questions to decide whether or
not to hire you. Although the employer may
ask many things, there are discrimination laws
that prevent the employer from asking and
making a hiring decision based on certain
questions. Examples include inappropriate
references to a person’s sex, religion, race or
national origin.
WHAT DOES THE LAW ALLOW?
14
WORKING CONDITIONS
AND BENEFITS
Type of Work
The Oregon Child Labor Laws exist to
provide guidelines to employers for the types
of work you can do, the number of hours you
may work, the pay you receive, and the
benefits to which you are entitled. If you are
under 18, you can be employed to do any
number of things, but you may not be
employed in dangerous occupations. Some
examples of dangerous occupations include
driving cars or other vehicles on the job, and
using meat slicers or bakery equipment. Also,
if you are under 16 you may not be employed
in door-to-door sales. If you are under 14,
you cannot work anywhere alcohol is served,
or in theaters or amusement parks.
Furthermore, no one under 18 may be
required to lift excessive weight as part of
their duties.
Hours
Minors in Oregon are only allowed to work
a certain number of hours during the week.
These numbers vary depending on the minor’s
age and are more flexible for minors over the
age of 16. Generally, if you are 16 or 17, you
may work at any time of day, and up to a
maximum of 44 hours a week.
If you are 14 or 15, when school is in
session, you may only work three hours a day
on school days, and eight hours on non-school
days, for a maximum of 18 hours a week.
You cannot be required to work during school
hours.
When school is not in session, a 14 or 15
year-old may work up to 8 hours per day and
a maximum of 40 hours per week.
Generally, 14 and 15 year-olds may not
work before 7:00 a.m. or after 7:00 p.m.
Exceptions include paper routes, working in
agriculture or housework/child care, and when
your employer gets special permission from
the State. Even if your employer has this
special permission, you cannot work before
6:00 a.m. or after 7:00 p.m. In the summer,
you can work until 9:00 p.m.
If you are between 12 and 14, when school
is in session, you may only work two hours on
school days and six hours on weekend days.
During school terms, you cannot work more
than 18 hours each week. During vacations of
two weeks or more, you may work up to eight
hours a day and 40 hours per week.
Regardless of whether school is in session,
you may not work before 8:00 a.m. or after
6:00 p.m. and you cannot work more than five
days a week.
If you are under 12, you may not work at all
when school is in session. During vacations,
you may work the same hours as minors
between 12 and 14. There is an exception:
children ages 9 to 12 may be employed (only
during non-school hours) to pick berries and
beans to be sold within Oregon.
The Child Labor Laws also require your
employer to give you meal periods and rest
periods (or “breaks”). Generally, you must be
given 30 minutes for a meal which must begin
within five hours of starting work. You must
not be required to do any work during this
time and you will not be paid for the 30
minutes. If you are at least 16, you may be
asked to continue to do some work or be “on
call” during meal time, but you must be paid
for the 30 minutes. Your employer can apply
to the State for permission to not follow the
meal time laws. Breaks are 15 minute periods
in every four hours worked. Breaks are in
addition to meal times. You must not be
required to do any work during your break,
15
and you must be paid for your break time.
The Child Labor Laws also require your
employer to give you “adequate work.” This
means that if come in to work, your
employer must give you at least enough
work for half of the hours you were
scheduled to work or pay you for half the
hours you were scheduled to work. This
requirement may not apply if your employer
tries to contact you at home before you
leave.
Wages
An employer is also generally required to
pay you the current minimum wage, which is
$6.50 per hour. Some jobs are not covered by
this and may pay less than the current
minimum wage.
An employer must pay you for all hours
worked including preparation time, opening
and closing times, and required meetings.
Tips cannot be used as a credit toward the
wages owed by your employer. Your
employer generally cannot deduct from your
wages for breakage, cash shortages, tools or
uniforms. If you feel that you are not
receiving the correct wage, ask your
employer, or the Oregon Wage and Hour
Division. See the “Resources Section.”
Employers generally must pay an overtime
rate for any hours worked over 40 in a week.
The overtime rate is one and one-half times
your regular wage. Note that agricultural
employees are not eligible for overtime pay.
Employers must withhold certain taxes from
the paychecks of most employees, including
minors. Employers also withhold an amount
for social security benefits. Social Security is
a federal program that pays retirement,
disability, or death benefits to eligible workers
and/or their families. These deductions help
to fund these programs. The employer shall
automatically withhold the proper amount
from your pay.
When you get a job, one of your first tasks
will be to fill out a W-4 form that helps your
employer determine how much of your pay to
withhold for income taxes. The form has a
worksheet that helps you decide how many
withholding allowances to claim. The form is
complicated and it is very important to
complete it accurately, so get help from your
employer or the company’s personnel
department.
Workers’ Compensation
Finally, every employer must maintain
adequate workers’ compensation coverage on
their employees, including minors. Workers’
compensation is provided so that if you get
injured on the job, you can receive some type
of compensation while you are recovering.
Although there are some exceptions to this
rule, generally all work that you could be
employed to do as a minor will be covered. If
you are injured on the job, tell your employer
immediately.
16
LIFE BEFORE MAJORITY
The law treats young persons differently
from adults. This is true in your everyday life
as well as if you get into trouble and become
involved with the juvenile court. This section
contains information about your rights as a
minor in a variety of situations.
A contract is a legally enforceable promise.
This means that if you enter into an agreement
with another person promising to perform
some service or to pay for some service or
product, and you fail to perform as you
promised, a court may require you to keep the
promise you made to that person. Contracts
are generally written and signed, however,
oral (spoken) agreements may also be
contracts.
Before you turn 18, the law allows you to
“avoid” or break certain kinds of contracts
that adults would be required to honor. The
law protects minors in this way because it is
easy to make a bad deal and because there are
many persons who would otherwise take
advantage of minors. For example, if you
bought a stereo when you were 15 and
decided later that you didn’t want it, you
should be able to return it; however, you will
not actually get all your money back. The
seller is entitled to some money because you
used the stereo, or because it decreased in
value during the time you owned it. You can
return the item at any time before you reach
18, or within a reasonable time after you
become 18.
Being able to avoid a contract may seem
like an advantage. However, it also has
disadvantages. Some persons will not do
business with you because you have the power
to back out of deals, even if you are willing to
promise that you will not. There are some
contracts you must honor, even though you
are under 18. These include, but are not
limited to, purchases of necessities, like food
and medical or dental services. Lawyer fees
can also be considered necessary expenses.
Always read a contract before signing it. If
you do not understand it, talk to someone who
does. Sometimes contracts contain a printed
statement that the signer is over 18. You
should never lie about your age in a contract.
If you do, you may not be able to avoid that
contract later.
Since contract law can get extremely
complicated, it is often a good idea to see a
lawyer before you enter into a major contract
such as (1) buying something that costs more
than $1,000 or that will take more than a year
to pay off; or (2) agreeing to pay for services
that will take more than a year to complete. A
lawyer can help you understand the small
print contained in the contract and work out
the details. See the “Resources Section” of
this Handbook for a listing of legal resources.
If you have any disagreements about money
matters or contracts involving less than $5,000
that you cannot settle out of court, you should
consider going to Small Claims Court. A
lawyer is not required, and any person, no
matter what age, may sue or be sued in Small
Claims Court. If you are under 18, however,
your parent or another adult must be
INTRODUCTION
CONTRACTS
SMALL CLAIMS COURT
17
appointed to bring the suit or defend against it
on your behalf.
Here are some examples of the types of
claims that typically end up in Small Claims
Court:
• A newspaper delivery person may
sue to collect unpaid bills.
• A tenant may sue a landlord to
get back a security deposit.
• A consumer may sue a store to
get back his money for some
damaged merchandise.
• A crime victim may sue to
recover damages (money for
physical injury or property
damage).
If you take someone to Small Claims Court,
you will have to pay a filing fee.
Whether you are the one suing or being
sued, you should always prepare your case
carefully ahead of time before you go to Small
Claims Court. It helps, if you have the time,
to visit the court first to see how it works. On
the date of your case, show up on time and
present your evidence and arguments clearly
and briefly. Do not forget to bring with you
photographs and other documents which
support your case. You will not have very
much time, so stick to the important facts, and
be ready to challenge your opponent’s
arguments when you are given a chance to
speak. There is no appeal (second chance)
from Small Claims Court. This is your only
chance to win your case.
There is a Small Claims Court in every
county in Oregon. To find out more about
filing a claim in this court, contact the Small
Claims Department in the courthouse of the
county where the person you are suing either
lives or does business. There are also
booklets for sale about Small Claims Court in
some bookstores. You may also contact a
lawyer of you have any questions about Small
Claims Court.
See the “Resources Section” of this
Handbook for the Small Claims Courts in
Multnomah, Clackamas, and Washington
Counties.
In general, the law does not interfere with
family matters. The law recognizes that your
parent or guardian is in charge of you and
expects you to live with them and obey them
until you are 18 or become emancipated.
However, there are situations in which the
legal system will get involved. If you, or
anyone in your family, is being abused or
neglected, then you or any other interested
person should report the situation to any adult
that you trust. You can tell any school
teacher, counselor, nurse, doctor, dentist,
police officer, psychologist, clergy-person,
social worker, optometrist (eye doctor),
chiropractor, day care or foster care worker,
lawyer, firefighter or emergency technician.
These persons must report the abuse or
neglect to the police or the State Office of
Services for Children & Families (SOSCF).
SOSCF and/or the police will immediately
investigate and try to determine how best to
help you. If you believe you or someone you
know might be abused, you should call
SOSCF. If you wish to remain anonymous,
you can make a report by telephone without
leaving your name. See the “Resources
Section” for child abuse reporting hotlines.
CHILD ABUSE, NEGLECT OR
ABANDONMENT
18
What is child abuse or neglect?
Your parent or guardian is required by law
to care for and support you until you turn 18.
SOSCF and the juvenile court may provide
help for you on the grounds that you are a
neglected child if your parent or guardian:
• fails to give you food, clothing,
shelter, an education, or medical
care;
• fails to provide adequate
supervision for you such that you
are endangered;
• exploits you by involving you in
a criminal activity;
• abandons or deserts you; or
• fails to provide you with
appropriate emotional nurturing.
Additionally, if you are under 16 and
someone who has custody or control over you
knowingly leaves you or allows you to stay in
a car where illegal drugs are being made or
delivered for money, that person has
committed the felony of Child Neglect in the
First Degree. If a person who has custody or
control over you leaves you on or near
property where illegal drugs are being made
or delivered for money, that person has also
committed the felony of Child Neglect in the
First Degree.
The legal system is also available to help
you if you are being abused. Child abuse can
be emotional abuse, physical abuse, sexual
abuse, or a combination of abusive behaviors
by your parent, guardian or other persons
in your life.
Emotional abuse: You may be a victim of
emotional abuse and suffer from mental injury
if the adults in your life treat you in
emotionally destructive ways, including, but
not limited to, a pattern of rejecting you,
terrorizing you, ignoring you, isolating or
confining you, corrupting you, ridiculing you,
blaming you or scapegoating you, threatening
you, depriving you of necessities, or exposing
you to violence.
Physical abuse: Your parent or guardian
has very limited rights to use physical
punishments. Your parent or guardian cannot
beat you or otherwise physically injure you.
Your parent or guardian is required by law to
protect you from abuse.
Sexual abuse: It is wrong and it is against
the law for anyone in your family to have any
sexual contact with you. Child sexual abuse
includes all contact and interactions done by a
person who wants to be sexually aroused by
the contact. Sexual abuse includes, but it is
not limited to, someone exposing himself or
herself to a child; exposing the genitals of a
child; fondling; sexual harassment; sexual
penetration with a foreign object; rape;
sodomy; forcing, permitting or encouraging a
child to watch pornography or sexual
activities; and sexual exploitation such as
using children for pornography or prostitution.
Victims of child abuse are usually warned
not to tell anyone, and may also be threatened,
thus creating a frightened conspiracy of
silence about the abuse. If you or anyone you
know is being sexually abused it is important
for you to report such activity to an adult you
can trust. The legal system exists to try to
help you.
When a family problem of child abuse or
neglect comes to the attention of the juvenile
court, there may be investigations and
19
hearings to help the court decide what action
is in your best interest. The court may return
you to your parent or guardian with
counseling or supervision, place you in the
custody of relatives, a foster home or
residential care facility, or place you in the
care of SOSCF. In serious cases of child
abuse and neglect, the state may take actions
against the parent or guardian, including
prosecuting them criminally, putting them in
jail or prison, or terminating their rights as a
parent or guardian. Whenever you are
involved in juvenile court proceedings you
have the right to have a lawyer represent you
to help you tell the court what you think is in
your best interest. You may request the court
to appoint a lawyer for you if you cannot
afford one.
If you are “emancipated,” it means that the
law will treat you like an adult even though
you are still a minor. If you and your parent
or guardian agree that you should be on your
own before you turn 18, you may want to
consider applying for emancipation with the
juvenile court.
Emancipation is a legal right of a minor, not
a right of the parent or guardian. Your parent
or guardian cannot force you to be
emancipated. Once you are emancipated you
are no longer subject to your parent’s or
guardian’s control and will be treated like an
adult in most ways. Your parent or guardian
will no longer be responsible for caring for
you or housing you.
The procedure for emancipation may differ
from county to county. You need to file an
application and pay a filing fee. Multnomah
County charges $50 to file for emancipation;
other counties may charge less. There will be
a preliminary hearing within ten days, and a
second hearing within 60 days of filing your
application.
The juvenile court may enter a decree of
emancipation where you are at least 16 years
of age and the court finds that your best
interests will be served by emancipation. The
court will take into consideration the
following factors:
• whether your parent or guardian
consents;
• whether you have lived (or are
living) away from home and can
financially support yourself
(proof may include rent receipts
and paychecks); and
• whether you are mature and
knowledgeable enough to manage
your own affairs (letters from
teachers and employers will be
helpful).
Each county may have additional
requirements for emancipation, such as health
insurance coverage and/or a savings account.
Contact the juvenile court in the county in
which you live to find out if that county has
any additional requirements.
If the judge declares you emancipated, you
will legally be an adult, with a few exceptions.
You will be treated as an adult if you commit
a crime. The juvenile court will no longer
have control over you. Curfew violation,
running away, and other status offenses
(discussed in the “Criminal Laws and
Punishments Section”) will no longer apply to
you. Your parent or guardian will no longer
have the right to control you. You will have
the ability to make binding contracts, sue and
be sued, and be an adult for other business
purposes. You may have your emancipated
EMANCIPATION
20
status noted on your driver’s license or
state-issued ID card.
However, emancipation will not change the
age at which you may drink (21), marry (17
with parental consent, 18 without), or vote
(18).
Emancipation is not for everyone. It carries
extra responsibilities as well as rights.
Emancipation is mainly helpful to minors who
are living on their own. For more information
about emancipation, call a lawyer or the
juvenile court in the county where you live.
Be sure to talk it over with your parent or
guardian as well. Your parent’s or guardian’s
consent and support will be very helpful in
convincing a judge that you are ready for
emancipation.
Marriage
To get married in Oregon, you must be at
least 17. To get married without your parent’s
or guardian’s consent, you must be at least 18.
However, if either you or the person you wish
to marry is under 18 and that person has no
parent or guardian living in Oregon, and that
person has been a resident of the county in
which you are applying for a marriage license
for the past six months, you may still be able
to get a license. Consent forms are available
at the marriage license office in your county.
If you are under 17, you may be able to get
married in another state, and that marriage
will be valid in Oregon. When you are
married, you will be treated as an adult,
except that you will still be under the
jurisdiction of the juvenile court for
delinquent (criminal) acts, and the normal
voting and drinking ages will still apply.
Paternity
Paternity means legal fatherhood. If the
parents are married to each other when the
child is born, the husband is presumed to be
the father.
If the parents are not married and want to
legally record who the father is, paternity can
be established voluntarily by contacting the
Vital Records Unit of the Health Division of
the State Department of Human Resources
and requesting a Paternity Affidavit. See the
“Resources Section.”
Sometimes the father does not want to claim
the child or the mother does not want to
acknowledge the father. In either case, the
father or mother may go to court and ask that
they and the child be required to have blood
and DNA tests taken. DNA tests can show
with almost total certainty if the man tested is
the father. Sometimes, additional evidence
will have to be presented in court to establish
paternity. Additional evidence often includes
information about the relationships between
the mother and the alleged father or between
the mother and other men during the time
when the child could have been conceived.
Once paternity is established, an unmarried
father has the same rights and responsibilities
as a married father. He may seek custody of
the child or parenting time and may also be
required to contribute to the financial support
of the child even if he is not married to the
mother.
Parenting
Once you become a parent, you will be
treated as an adult specifically for purposes of
caring for your child. This is true for both the
mother and the father, regardless of whether
you are married to each other.
MARRIAGE/PATERNITY/PARENTING
21
LIFE AFTER MAJORITY
What changes when you turn 18? When you
turn 18, you will be considered an adult under
Oregon law. For example, you can:
• make a binding contract;
• get married without your parent’s
consent;
• vote;
• be treated as an adult if you
commit a crime;
• work in all types of jobs;
• sue or be sued; and
• make a will.
About the only thing that you cannot do at
18 that you can when you are 21 is buy, drink,
or possess alcoholic beverages. For more
information, you might want to read “On
Your Own: A Guide to Your Legal Rights
and Responsibilities as an Adult,” published
by the Oregon State Bar. See the “Resources
Section.”
Any resident of Oregon who is a U.S.
citizen and is 18 years of age or older may
vote. You may register to vote before you
turn 18 or become a citizen, but you must turn
18 or become a citizen during the 20 days
immediately before the election in which you
vote.
You may register at any time, but you must
be registered before 5:00 p.m. on the 21st day
before the election at which you intend to
vote. You may register in person at your
county elections office, by a mail-in voter
registration card, or when you obtain or renew
your driver’s license.
To register, you must furnish your name and
signature, address, date of birth, and place of
birth. On the mail-in card, you must furnish
other personal information, such as your
mother’s maiden name. Your registration will
remain valid until you move, or until you
change your name or party affiliation.
If you have any questions, you can call your
county elections office or the Secretary of
State in Salem. Those offices are listed in the
“Resources Section” of this Handbook.
Almost all male U.S. citizens and male
aliens living in the U.S. who are ages 18
through 25 must register with Selective
Service. Selective Service provides a system
of guidelines which will be used to draft
males into the military in the event a crisis
occurs which requires more troops than the
volunteer military can supply. Currently, the
Selective Service is not drafting and the
military is an all-volunteer force.
Women are not required to register with
Selective Service. In the prior drafts, males
were drafted primarily to supply adequate
TURNING EIGHTEEN
REGISTERING TO VOTE
REGISTERING WITH SELECTIVE
SERVICE
22
numbers of Army ground combat troops.
Under current military policy, women are
excluded from front line combat positions.
Therefore, the government feels that the
policy of excluding women from combat
positions in the military also justifies their
exclusion from the draft.
You may register at the post office, by mail,
at your high school or on your Federal Student
Financial Aid application form. To register,
you must furnish your full name and
signature, address, date of birth, telephone
number and social security number (if you
have one). A man may be fined up to
$250,000 or be given a prison term of up to
five years if he is convicted for failing to
register. In addition, to be eligible for certain
federal benefits a man must be registered. For
example, a man must be registered before he
is eligible for most jobs with the Federal
government (including the U.S. Postal Service
and National Park Service) and for Federal
Job Training through the Job Training
Partnership Act (which helps train males for
jobs in auto mechanics and other skills). Men
must also be registered to receive federal
student loans and other federal financial aid
for college programs.
See the “Resources Section” of this
Handbook for information on how to contact
the Selective Service System.
23
HEALTH ISSUES
INTRODUCTION
The law recognizes that you may be
sexually active and it provides a way for you
to get the medical services you need to protect
yourself and others. The following
information addresses basic concerns you may
have about the legal issues surrounding sexual
activity and your health.
Contraception
In Oregon, you can get birth control
information and services no matter how old
you are. Providers or sellers of birth control
information or services cannot refuse to help
you because of your age. A doctor is not
required to tell your parent or guardian about
your visit; however, a doctor is allowed to tell,
even if you do not agree to the disclosure.
Many doctors and family planning clinics will
not notify your parent or guardian without
your consent. If you are concerned about your
parent or guardian finding out about your
visit, you can call the doctor’s office or clinic
ahead of time and find out its disclosure
policy. You do not have to give your name
until you are sure the doctor or clinic will
keep your name confidential.
The Oregon State Department of Human
Resources and County Health Departments
are required to offer family planning and birth
control services within the limits of available
funds. The county health clinic may have a
sliding fee schedule where you will be
charged based on your ability to pay.
Sterilization
If you are under 15, you may not be
sterilized. If you are 15 or older, you can
consent to sterilization if you have a full
understanding of the nature and consequences
of the procedure, are competent to make an
informed decision to be sterilized, and make
the informed decision voluntarily and free
from express or implied coercion. Six
separate disclosures must be made orally by
the doctor to you concerning the effect of, and
alternatives to, sterilization. In addition, the
physician must offer to answer any questions
you may have regarding the procedure.
Pregnancy
If you think you are pregnant or know that
you are pregnant, you should contact your
local county health clinic immediately.
County health clinics provide pregnancy
testing or will tell you where you can get a
pregnancy test. If you qualify, the county
health clinic will help you get financial
assistance for prenatal care. Prenatal care is
very important to the well being of you and
your unborn child.
Abortion
In Oregon, if you are 15 or older, you may
have an abortion without your parent’s or
guardian’s consent. The clinic is not required
to tell your parent or guardian about your
abortion; however, the clinic is allowed to tell,
even if you do not agree to the disclosure.
Many doctors and clinics will not notify your
parent or guardian without your consent. If
you are concerned about your parent or
guardian finding out about your abortion, you
SEXUALLY-RELATED
HEALTH ISSUES
24
can call the doctor’s office or clinic ahead of
time and find out its disclosure policy.
You may qualify for a state-funded abortion.
To find out if you qualify, contact your local
county health clinic for information. The cost
of an abortion will vary by service and
provider. Federal law prohibits the federal
government from funding an abortion, except
in cases of rape or incest.
Sexually Transmitted Diseases
You can get treatment for a sexually
transmitted disease, no matter how old you
are, if you consent to the treatment. You do
not need permission from your parent or
guardian to be treated for a sexually
transmitted disease. If your parent or
guardian has not consented to your treatment,
they do not have to pay for the treatment.
AIDS/HIV
No matter how old you are, you can consent
to a test for the HIV virus. You cannot be
tested for HIV without your consent unless
you have been convicted of sex abuse. The
results of your test are confidential and,
except under certain limited circumstances,
cannot be disclosed to others without your
permission.
Consent Generally
Doctors in Oregon are required to obtain
informed consent before initiating treatment.
In order to obtain informed consent the doctor
may explain in general terms the treatment or
procedure to be undertaken, that there may be
alternative treatments or procedures that might
also be effective, and that there may be risks
in the proposed treatment. If you want a more
detailed explanation, the doctor must explain
in substantial detail the procedure, the
alternatives, and the risks, unless to do so
would be detrimental to your health. A risk is
considered material if a reasonable person
would attach significance to it in deciding
whether or not to have the proposed treatment.
Consent by You
You can consent to any medical treatment if
you are either 18 or older; under 18, but you
are married; or if you have been emancipated
by the court.
If you are 15 or older, you can get any
medical, dental, or surgical treatment without
permission from your parent or guardian. The
doctor is not required to tell your parent or
guardian about your visit, however, the doctor
is allowed to tell, even if you do not agree to
the disclosure.
Consent by Your Parent or Guardian
Your parent or guardian may give consent to
medical treatment that will benefit you. Your
parent or guardian can give written consent
for the use of experimental drugs on you if the
drugs are administered only for the purpose of
diagnosing, treating, or lessening a disease or
injury which you are suffering.
Consent by Divorced Parents
If your parents are divorced, generally the
parent who has custody of you has authority
to consent to your medical care. Your non-
custodial parent has authority, unless
otherwise ordered by the court, to consent to
emergency health care if your custodial parent
is not available.
CONSENT TO TREATMENT
25
Consent by the Juvenile Court
The juvenile court may order medical
treatment in any case involving a person under
18 where that person’s behavior, condition, or
circumstances are such as to endanger his or
her own welfare or the welfare of others. The
court may also order treatment when that
person’s parent or guardian or any other
person having custody has failed to provide
the care, guidance, and protection necessary
for the physical, mental, or emotional well
being of that person. Any person, including
but not limited to doctors, social workers,
friends, or relatives, may file a petition
alleging that the juvenile court should get
involved.
Once the juvenile court acts, it may place
you in the custody of the SOSCF and require
that, within 14 days, SOSCF develop a helpful
program for your care, placement, and
supervision. The court itself may order
necessary medical care.
If your parent or guardian wants you to have
some type of treatment that you do not want,
you or any adult who agrees with you (such as
a doctor) can petition the court to stop or
prevent the treatment. You will probably
need to convince the court that either you do
not need the treatment, the treatment is more
dangerous to you than it is helpful, or the
treatment violates your constitutional rights
(such as your religious beliefs).
Outpatient: Mental Disorder, Emotional
Disorder, or Chemical Dependency
If you are 14 or older you can get outpatient
diagnosis or treatment of a mental disorder,
emotional disorder or chemical dependency
without your parent’s or guardian’s
knowledge or consent. Methadone
maintenance is not included. However, the
person treating you may tell your parent or
guardian about the diagnosis or treatment
without consulting you if that person feels it is
necessary for your treatment or it is in your
best interest.
The person treating you must have your
parent or guardian involved before the end of
your treatment, unless your parent or guardian
refuses or it would be harmful to you. Your
parent or guardian does not need to be
involved if one of them has sexually abused
you or if you are emancipated. You are
considered emancipated under this law if you
have gone through the legal process of
emancipation or if you have lived on your
own for at least 90 days prior to seeking
treatment. See the “Life Before Majority
Section” for further information on
emancipation. If you are diagnosed or treated
without the consent of your parent or
guardian, they do not have to pay for the
treatment.
In-Patient: Mental Illness
If you are under 18 and you are suffering
from a nervous disorder or mental illness, you
cannot be voluntarily admitted to a state
mental hospital, unless your parent, an adult
relative, or your guardian submits a written
application on your behalf or the juvenile
court orders it. Once admitted, you cannot be
kept at the hospital more than three days after
your parent, an adult relative, or your guardian
gives written notice that he or she wants you
to be discharged from the hospital. The
hospital will allow you to leave for a
temporary period if it is in your best interest.
Upon your admission to, or discharge from,
the hospital, the person in charge at the
REFUSING TREATMENT
TREATMENT
26
hospital must immediately notify your parent
or guardian.
In-Patient: Chemical Dependency
If you are under 18, you may be admitted to
any treatment facility by the director of that
facility for treatment of drug or alcohol
addiction. After admission, the treatment
facility must notify your parent or guardian.
Emergency Treatment
If you require emergency medical treatment,
you should go to the emergency room of the
nearest hospital. The hospital must assess
your condition, advise you, and provide
immediate treatment if necessary.
Blood Donations
If you are 16 years of age or older, you may
donate blood without the approval of your
parent or guardian. However, this only
applies to voluntary and non-compensated
donations of blood.
Payment by Parent or Guardian
Your parent or guardian is financially
responsible for your care if you are under 18,
unless you have been emancipated or they did
not consent to your treatment. If your parent
or guardian has medical insurance and you are
covered under that insurance policy then the
insurance company may pay some or all of
your medical bills. Your parent or guardian
will be responsible for paying those costs not
covered by insurance, if any. If your parent or
guardian does not have medical insurance,
they will be responsible for full payment of
your medical bills.
However, even though your parent or
guardian is financially responsible for your
care, they may not be able to pay for treatment
for some reason or another. If your parent or
guardian cannot pay for treatment, and you
cannot pay for the treatment, you have various
options.
Social Security
Generally, if you are not disabled, you
cannot get social security benefits, unless you
have paid into the federal social security
system. However, one of your parents may
have paid into the social security system and
you may be entitled to their benefits if they
have died. To determine if you are entitled to
any social security benefits you should call the
Social Security office listed in the “Resources
Section.”
Public Assistance
You can get benefits from SOSCF if you are
under SOSCF’s care. If you are in foster or
residential care, then you are eligible for
Medicaid. Your parent can get benefits to pay
for your medical care through the Adult and
Family Services Division (AFS) if your parent
falls within certain guidelines.
If you are on your own, you may also be
able to get money from AFS to pay for your
medical care, however, you will need to talk
with someone at the nearest AFS office. You
can also get benefits from AFS to pay for
prenatal care if you are having a child. See
the “Resources Section.”
Free Treatment by the Court
If you are under 16 and have a condition or
injury that can probably be treated, and your
parent or guardian is unable to pay for the
PAYING FOR TREATMENT
27
treatment, the court can order a doctor to
examine you with respect to your problem.
The doctor’s report of your examination is
filed with the court. The judge then decides if
you are suffering from a condition or injury
that can be treated and whether anyone
responsible for you can pay for the treatment.
If the judge finds that you need treatment
but no one can pay for it, the judge may, with
the consent of the person legally in charge of
you, order that you get free treatment and care
as well as clothing. The doctor who treats you
cannot charge you. However, you can only be
treated for the ailment that the judge ordered
treatment for, unless your parent or guardian
consents to additional treatment.
Advance directives for health care basically
allow you to pre-determine what steps you
want taken to prolong your life if you are
seriously ill. Common examples include
whether or not you want life support of tube
feeding. Emancipated minors and married
individuals may execute an advance directive;
otherwise, if you are under 18 years of age,
you cannot execute an advance directive.
Under Oregon law it is the state’s policy
that an individual’s medical records are
protected from disclosure. Unless the
individual consents to the disclosure, the
medical doctor cannot disclose the records.
The law also gives the individual the right to
access his or her own medical records. This
particular law does not define “individual.”
According to the Oregon State Department of
Health the term “individual” includes a minor.
If you wish to obtain copies of your medical
records from your doctor you should be able
to do so. The doctor does not need your
parent’s or guardian’s consent to release the
medical records since the records are in your
name. The doctor may request that you sign a
release form.
ADVANCE DIRECTIVES
YOUR RIGHT TO YOUR OWN
MEDICAL RECORDS
28
IMMIGRATION AND NATURALIZATION
People who are not citizens of the United
States (“aliens”) are subject to U.S.
immigration laws. The main difference
between citizens and aliens is that the
government may “remove” or “deport” aliens
(in other words send them to the country of
their citizenship) under certain circumstances
but may not remove U.S. citizens.
Immigration law can be very complicated.
The following is only a brief summary of the
classification of immigrants living in the U.S.
If you have specific questions you should
consult an immigration attorney or an
immigration legal services organization for
assistance.
If you were born in the United States, or
your parents are U.S. citizens then you are
also a U.S. citizen. You may have obtained
your citizenship at birth by being born in the
United States or because your parents are U.S.
citizens, or you may have obtained citizenship
when your parents “naturalized,” meaning
they became citizens.
If you are not a citizen then you have an
immigration status. You may be a Legal
Permanent Resident (LPR), have a non-
immigrant visa, have a special immigration
status such as an asylum seeker, be
“undocumented,” or “without papers.”
Different rules determine whether the
Immigration and Naturalization Service (INS)
may remove you depending on your
immigration status.
Whatever your immigration status, it is
especially important that you not get in
trouble with the authorities if you are not a
U.S. citizen! This is because many crimes,
including shoplifting and drug crimes, will
make you “deportable” or “removable.” This
means that even if all your family and friends
are in the United States, you may be sent to
your country of origin. If you do get into any
kind of trouble with the authorities, be sure
that the attorney who helps you knows your
immigration status and that you understand
the immigration consequences of the crimes
you are charged with.
If you are an LPR, or have what is known as
a “green card,” you have almost all the rights
of a citizen. One difference between LPRs
and citizens is that only citizens can vote.
Also LPRs can be removed if they commit
certain crimes. But, next to being a citizen,
being an LPR gives an immigrant the most
U.S. freedoms.
One benefit of being an LPR is that you may
petition for members of your immediate
family to become LPRs. Also, once you have
been an LPR for five years (or three if you
married a U.S. citizen), you are eligible for
naturalization.
Usually, you cannot become an LPR unless
a close relative or an employer petitions the
INS to allow you to do so. But if you have a
IMMIGRATION AND
NATURALIZATION SERVICES (INS)
CITIZENS
NON-CITIZENS
LEGAL PERMANENT RESIDENTS
(LPRS)
29
parent or step-parent who is a U.S. citizen or
LPR and he or she is abusive towards you, or
subjects you to extreme cruelty, you may
petition to obtain immigration status, on your
own.
Your parents may be in the United States on
a “non-immigrant visa” that allows them to
work and live in the United States and allows
you to live in this country with them. You
may also have a non-immigrant visa
independent of your parent’s status such as a
tourist visa, a student visa, or an exchange
visitor’s visa. If you are in the United States
under a non-immigrant status you will
probably violate the terms of your
immigration status if you work.
You may have temporary permission to be
in the United States, which may or may not
allow you to adjust your status to become a
LPR after a certain period or time. Visas may
allow you to stay in the United States if you
are from a certain country, or if you are a
victim of certain crimes. If you are afraid to
return to your native country because you
afraid that you will be persecuted, you may
obtain the status of an asylum seeker. If you
are a refugee from another country, you may
be allowed to stay as long as it is unsafe for
you to return to your country. “Parole” is
another form of permission to stay in this
country.
Undocumented immigrants include those
whose visa has run out, and those who crossed
the border without being detected by the INS.
If you are an undocumented immigrant the
INS may remove you after a hearing, if it
discovers that you are in the country, even if
you haven’t done anything wrong. You have
a right to go to public school. But you will
not have many of the opportunities available
to citizens. For example, you are not eligible
for financial aid for college or for in-state
tuition rates at public universities.
IMMIGRATION PROBLEMS
If you are in the U.S. and the INS
determines that you should be removed, you
will be brought before an immigration judge.
You may be given the opportunity to
voluntarily depart within a certain time period.
If you do not want to do so, you are entitled
to a hearing during which you may have a
lawyer or an accredited representative to help
you although the government will not help
you pay for their services.
If you are outside the U.S. and wish to enter
the country you must have a visa or some
other documentation showing that you are
allowed to be in the U.S., and you must not be
inadmissible under U.S. immigration laws. If
you are concerned about your immigration
status you should not travel abroad before you
consult with an immigration attorney or an
immigration legal services organization.
Organizations that can help you with your
immigration case or refer you to a private
attorney, include:
• Catholic Charities, Immigration Legal
Services
231 SE 12
th
Ave
Portland, Oregon 97214
(503) 231-4866
NON-IMMIGRANT VISAS
OTHER EXAMPLES OF IMMIGRANT
STATUS
UNDOCUMENTED IMMIGRANTS
IMMIGRATION LEGAL SERVICES
30
(503)233-0042
• Immigration Counseling Services
321 SW 4
th
Ave
Portland, Oregon 97204
(503) 221-1689
• Lutheran Community Services
605 SE 39
th
Ave
Portland, Oregon 97214
31
JUVENILE LAWS AND RIGHTS
Each state has a separate juvenile court
system. In Oregon, the juvenile court system
was established for persons under the age of
18. The Oregon Legislature established the
juvenile courts to provide for a more flexible
and informal system, with the hope of
avoiding the harshness of adult criminal
courts.
The Oregon juvenile courts interpret and
apply the law so that a child under the court’s
power will receive the care, guidance, and
supervision that will lead both to the child’s
welfare and to the protection of the
community. The juvenile court must also
interpret the law with a preference for
allowing a juvenile to remain in his or her
own home, if it is in the best interest of both
the juvenile and the public.
The state expects each juvenile to be
responsible for his or her own behavior. The
juvenile courts ideally emphasize treatment
over punishment, as well as early intervention
and responsiveness to juvenile behavior to
prevent future criminal acts and to reform
offenders. In reality, most juvenile court
proceedings are as formal as adult
proceedings, and the juvenile courts are just as
concerned with protecting the public as adult
courts. Sometimes, juveniles even receive
harsher penalties for petty offenses than
adults. Additionally, some acts that are not
criminal for adults are punishable as juvenile
offenses.
In the past, a young person in juvenile court
did not have the same constitutional rights as
an adult in criminal court. However, in 1967,
the U.S. Supreme Court declared that young
persons also have constitutional rights which
protect them from unfair treatment by the
police and the courts. These rights are for
your protection, and no one can take them
away without your consent.
Nevertheless, juveniles do not have the
same rights as adults charged with crimes.
For example, in juvenile court you do not
have a right to a jury trial or to be released on
bail, but you are guaranteed a hearing that is
open to the public. If you are under 18 and
you come within the “jurisdiction,” or
authority, of the juvenile court, you have
important rights which protect your freedom.
But you will also face a formal system which
can treat you more harshly than an adult court
would treat a person over the age of 18.
Therefore, you must be aware of your rights
and you should be aware of the limits of the
juvenile court’s power over you. That power
is called “jurisdiction.”
JURISDICTION
“Jurisdiction” means that a court has the
power to hold a proceeding to determine what
will happen to a person. The juvenile court
has “jurisdiction” over a person who is under
18 years of age and:
• who cannot be controlled by their
parent or guardian;
• whose behavior, condition, or
JUVENILE COURT
32
circumstances endanger their welfare
or the welfare of others;
• who is dependent for care and support
on a child-caring agency that needs
the services of the court in planning
for his or her best interest;
• whose parent or guardian has
abandoned, neglected, abused or
otherwise failed to care for him or
her;
• who has run away from home; or
• who has applied for emancipation.
However, a civil action or lawsuit involving
a person under the age of 18 may be brought
in adult court. A few examples are cases
involving personal injury, property damage, or
custody issues in divorce proceedings.
Any person may file a petition alleging that
you are in the jurisdiction (subject to the
authority) of the juvenile court. Once a
petition has been filed, the juvenile court has
the power to conduct an inquiry into whether
further action should be taken against you.
If a petition of any kind is filed about you in
juvenile court you always have the right to
have a lawyer present. You may ask for a
lawyer at any time. However, you will only
be told of your right to a lawyer when you are
involved in a case involving delinquency or
crime.
If the juvenile court takes jurisdiction over
you because you have broken the law, all of
your basic rights are in effect. These rights
include the rights listed in the
“Adjudication-Trial Section.” If you are
charged with a serious offense your case may
be transferred to adult criminal court. This
process is called “remand” and is discussed
later. If you are charged with a very serious
offense under Ballot Measure 11 and you are
age 15 or above, you will be prosecuted and
tried as an adult and could serve time in an
adult prison if convicted. Ballot Measure 11
is discussed in greater detail in the “Adult
Court Section.”
Juvenile courts generally do not use words
like “arrest,” “guilty,” or “convicted of a
crime” because the court’s goal is treatment,
not punishment. For instance, you may be
found guilty of a crime and you will be
considered “adjudicated” rather than
convicted. Nevertheless, some judges will use
these terms. Regardless of what a particular
judge may call your situation, you may
honestly say that you have not been arrested
or found guilty of any crime if you have been
through the juvenile court.
However, you can be convicted if your case
has been remanded to the adult court or if you
were charged under Ballot Measure 11. This
distinction between juvenile court and adult
court may become important if a job
application or employer asks you about your
past because only adult convictions count.
However, your juvenile history may be used
against you later if you are sentenced in adult
court.
If the juvenile court has jurisdiction over
you because you are dependent for care and
support on a child-care agency or because
your parent or guardian has abused,
abandoned, or neglected you, then the court’s
power is not based on what you have done but
is instead based on how someone else is
taking care of you.
When the juvenile court has jurisdiction
over you because you cannot be controlled by
your parent or guardian or you have run away,
the court’s jurisdiction is based on something
33
you have done that would not be against the
law if you were an adult. In that situation,
you become what is called a “status offender.”
When the juvenile court has jurisdiction
over you because of a “status offense,” you
may not have the same rights as you would if
you had broken a law that applies to both
juveniles and adults. For instance, when the
court’s jurisdiction over you is based on a
“status offense,” you must ask for a lawyer to
represent you if you want one. If you cannot
afford a lawyer, the court must appoint one for
you.
Emancipation of a minor allows a person
under 18 to be treated as an adult. See the
“Life Before Majority Section” for further
information on emancipation. If you are
applying for emancipation, you are asking the
juvenile court to allow you to be treated as an
adult before you turn 18.
The juvenile court process has many steps,
and each step leads to several possible
outcomes. In addition, each county and each
state has a unique juvenile court process, so it
is not possible to predict exactly what may
happen to you in juvenile court. To be
cautious, you should contact a lawyer or ask
the court to appoint one for you as soon as
you have any contact with the juvenile court.
WHEN THE POLICE STOP YOU
If a police officer stops you, your first
contact with the officer will be extremely
important for your safety and to the outcome
of your case. You must try to remember your
rights and to stay calm. According to Oregon
law, when a police officer takes a juvenile into
custody, the custody is not called an arrest. It
is called being taken into protective custody.
However, protective custody is considered an
arrest in determining your rights, and most
police officers will call such custody an arrest,
so we will use that term.
A police officer may stop and question you
if the officer reasonably suspects that you
have committed, or are about to commit, a
crime. The officer may ask if you have any
weapons and ask for consent to search your
person or property. You are not required to
consent and you may tell the officer you do
not want him or her to search you. Also, you
are not required to answer the question about
weapons and may tell the officer that you
wish to remain silent. But remember,
whenever you assert your rights to a police
officer, stay calm and be polite and respectful,
especially if the police officer is angry or
aggressive. This will help protect your rights
and your safety. An arrest happens whenever
a police officer stops you and will not allow
you to leave after a few questions. Usually, a
police officer will tell you if he or she is
arresting you or taking you into custody, but
police officers will often ask you questions
before they tell you that you are under arrest.
If a police officer stops you and asks you
some questions, you should ask if you are
under arrest before you answer. If you are not
under arrest, you do not have to answer any
questions and you are free to go. If you are
arrested, the law does not require you to give
your name, age, and address, but it will often
be the smart thing to do. Remember, you
have the right to remain silent. You should
not answer any other questions without a
lawyer who represents you being present, and
you should tell the police officer you would
like to talk to a lawyer. You should ask for
the court to appoint a lawyer for you at your
first hearing.
Do not lie to police officers. A lie will
probably reinforce a police officer’s
suspicions of your guilt, and a lie will not help
you if the case ever goes to court. If a police
34
officer stops you and asks you some
questions, you might want to try to understand
the officer’s position. The officer probably
stopped you because the officer had some
reason to believe that you did something
wrong. A hostile answer, a sarcastic tone of
voice, or a bad attitude may cause the officer,
rightly or wrongly, to believe that you have
something to hide and that you need the
attention of the juvenile court.
Running away, threatening or fighting with
an officer may cause the officer to charge you
with the crime of Escape, Attempting to Elude
or Assault of a Public Safety Officer. A
police officer can also stop you if there is
probable cause to believe that you have
committed a traffic infraction or a lesser
crime, known as a violation. Traffic
infractions can occur when you ride a bicycle.
Polite answers and a respectful attitude will
probably give you a better chance for an
informal disposition or resolution of your case
outside of court. See the Charts at the back of
the “Criminal Laws and Punishments Section”
for the maximum penalty you may receive for
these crimes.
A police officer may use force to control
you if it is necessary, but the officer may not
use more force than is needed to control you.
If an officer stops you and uses more force
than is necessary to control you, the officer
may be liable for harassment. However, you
should be careful not to resist, even if you feel
the level of force used by the officer is
inappropriate. Your resistance may justify an
officer’s use of extreme force against you.
If a police officer arrests you, and wants to
question you while in custody, the officer
must give you a Miranda warning. Miranda
warnings are named after the U.S. Supreme
Court case that established the requirement.
The warnings are only required if the officer
plans to ask you questions and you are in the
officer’s custody. If you volunteer
information, the officer does not have to stop
you from talking to warn you of your rights.
The officer may listen to your statements and
may record them.
A Miranda warning consists of the
following information:
• You have the right to remain silent.
• Anything you say can and will be used
as evidence against you.
• If you cannot afford to pay for a lawyer,
one will be appointed to represent you
before questioning.
• You can make use of these rights at any
time.
Try to remember that you do not have to
answer any questions. Even if you do not
think you have done anything wrong, you may
still want to talk to a lawyer before you
answer any questions. To stop an officer from
asking questions, all you need to say is, “I
want to talk to a lawyer.” You may want to
repeat that statement if the officer continues to
question you.
Sometimes, if an officer has stopped you, a
simple statement of the truth may be enough
to get the officer to let you go. If you are sure
you have not done anything wrong you may
always remain silent, but that may cause you
some delay and inconvenience. You have to
use your head. If you cannot decide whether
or not you should answer any questions, you
should probably wait to talk to a lawyer.
If you agree to answer questions, you may
change your mind at any time. You always
have the right to remain silent, and no one can
penalize you for exercising that right. The
35
fact of your silence cannot be used as
evidence against you at trial. Even if you
believe you are guilty and you want to
confess, it would probably be better to talk to
a lawyer first. If a police officer arrests you,
the moment of arrest will often be crucial to
the outcome of the incident. Try to stay calm
and alert and try to remember everything that
happens.
Later, if you get the chance, try to write
down all the details of the arrest and give
those details to your lawyer. Those details
can often help your case.
SEARCHES
As a general rule, the Fourth Amendment to
the U.S. Constitution and a similar provision
in the Oregon Constitution require the police
to have a warrant to search your body, your
residence and your personal belongings.
However, the courts have created many
exceptions to this general rule, and in many
situations these exceptions will allow the
police to search you, your car, or your home
without a warrant.
If the police officer searches you illegally,
the police will not be able to use the evidence
they got from the search against you in court.
It is difficult to know if a search is illegal until
a judge hears the facts and makes a decision.
A lawyer can help you sort through the facts
and the law to see if the officer’s actions were
legal.
EXCEPTIONS TO THE WARRANT
REQUIREMENT
Stop and Frisk
A police officer may stop you for
questioning if the officer has a “reasonable
suspicion” (some basis to believe) that you
have committed a crime, that you attempted to
commit a crime, or that you are about to
commit a crime. The officer can frisk you by
patting down your outer clothing, but only if
the officer thinks you are carrying a weapon.
A police officer may frisk you even though
the officer does not have a formal reason to
arrest you, but the officer’s frisk or pat down
must be limited to a search for weapons and
must be based on a belief that you are, or
could be, carrying a weapon.
Consent to Search
If a police officer asks to search you or if
the officer tells you that he or she is going to
search you, do not resist physically. Instead
you should ask if the officer has a search
warrant. If the officer has a warrant to search
you, the officer does not need your consent to
conduct the search. If the officer does not
have a search warrant, you must decide if you
want to consent to the search. By consenting
to a police officer’s search, you will lose the
right to object to the search in court. If you do
not consent to the search, you should tell the
officer that you will not resist but you do not
consent. You should say, “I object to this
search.”
If you are searched by a police officer, try to
remember everything that happens so you can
tell a lawyer. If possible, you should have
someone witness the search.
Search Incident to Arrest
If you are taken into custody, the law allows
a police officer to conduct a search to protect
the officer, to prevent your escape, and to
prevent destruction of the evidence. The
search must be related to the crime for which
you are arrested and must be reasonable in
light of the facts, including the time, place,
36
and intensity of the search.
This means a police officer may be able to
search your pockets, your purse or bag, your
car (if that is where you were arrested), and
the area around you which was within your
reach at the time you were arrested. Under
most circumstances, it does not mean the
officer can search your room or your house.
Probable Cause and Exigent
Circumstances
If an officer believes that more likely than
not evidence of a crime will be found in the
place the officer wants to look and if there are
exigent circumstances (or emergency
circumstances)— a chance that evidence
could be lost before a warrant can be
obtained—the officer may conduct a search.
If an officer has facts indicating that there is
evidence of a crime located in your car and
you are driving, the officer can stop your car
and search it without a warrant. If you do not
have proof of insurance or a license, an officer
may detain you and take you to jail to obtain
your identity and may order a tow for your
car. An officer may conduct an inventory
search of your car before it is towed.
Emergency Aid Doctrine
If an officer responds to an urgent or
emergency call where circumstances seem to
demand a quick response and the officer finds
evidence of a crime while responding, the
officer may seize the evidence and, depending
upon all of the facts, may be able to
investigate further and make arrests.
Waiver of Rights
If a police officer stops you, the officer may
suggest that you will be given a break if you
give up the following rights: 1) your right to
remain silent by talking to the officer, 2) your
right to object to a search by giving the officer
permission to search you or your property, 3)
or your right to have a lawyer present while
the officer questions you.
Giving up these rights is called a waiver of
rights. While the offer to waive your rights
may appeal to you, try to remember that a
police officer has no control over what
happens if you are reported to the juvenile
court. The offer to make things easier on you
is not binding on the district attorney who will
control your case when it goes to court. Your
rights are constitutional guarantees of fair
treatment, and no one can force you to give
those rights up against your will. If an officer
tries to bargain with you so that you waive
your rights, you do not have to agree to such a
bargain and you should not feel bad about
using your rights.
To begin the juvenile court process,
someone must report an incident or a
condition to juvenile court officials. Your
parent or guardian, your relatives, your
neighbors, and even your teachers can take
this first step into juvenile court by making a
report of the incident or condition which is
called a complaint. However, most cases
begin with a referral from the police after the
police have arrested you.
INFORMAL DISPOSITION
The police treat many juvenile cases
informally, especially if the offense is not a
serious one. If an officer stops you, the
officer may decide to let you off the hook
after giving you a warning or a lecture or after
making a phone call to your parent or
COMPLAINT OR REFERRAL: THE
FIRST STEP TO PROSECUTION
37
guardian. Nevertheless, every police officer
who stops you has the power to decide if a
case should be reported to juvenile court.
Diversion Program
An officer who stops you may also decide to
take you to a diversion program. A diversion
program is an alternative to full court
involvement. If the officer refers you to a
diversion program, you will be expected to
participate. A diversion program can offer
you useful resources, and you will be
encouraged to take advantage of this
opportunity. No one can force you to
participate, but if you do not participate, the
juvenile court will receive a report which
states that you have not participated, and the
state may decide to prosecute you.
Most diversion programs are run by a local
youth service center. A youth service center
can help provide counseling for you and your
family. These centers can also provide advice
about jobs or they can help you meet other
persons in situations like yours. See the
“Resources Section.”
Youth service centers offer informal
programs designed as an alternative to the
adjudication of disputes in juvenile court.
These programs include restitution (re-paying
the injured party in some way) and mediation
(informal bargaining to reach a solution to the
problem). For instance, if you damaged
another person’s property, a restitution or
mediation program may help settle the dispute
by encouraging you to agree to pay for any
damage in exchange for an agreement by the
injured person to not make a complaint to the
juvenile court.
Informal Disposition Agreements
The juvenile court may also refer your case
to an informal disposition. If there is probable
cause to believe that you are within the court’s
“jurisdiction,” the juvenile department
counselor, who is assigned to represent your
interests, may suggest that you enter into an
informal disposition agreement.
An informal disposition agreement must be
a voluntary agreement between you and the
juvenile department. In this agreement, you
agree to satisfy conditions set by the juvenile
department, and in exchange, the juvenile
department will not file a petition against you.
These informal disposition agreements may
require participation in counseling,
community service or drug and alcohol
education or treatment. In addition, the
informal disposition may require restitution
(or payment) to the injured party. An
informal disposition must be completed within
six months. You may revoke such an
agreement at any time through a written
revocation. The juvenile department may
revoke the agreement if it has reasonable
cause to believe you have not participated
fully or have committed another offense.
Revocation may allow the juvenile department
to file a petition against you.
Although an informal disposition agreement
will become part of your juvenile department
record, it does not require an admission of
guilt and it may not be used as evidence
against you. Before you enter into an
informal disposition agreement, you have the
right to be represented by a lawyer. Always
remember that informal dispositions are
voluntary; you have the right to refuse to be
involved. However, this may mean that your
case will be sent to the juvenile court for
formal disposition. An informal disposition
involves less time and trouble than a formal
disposition by the court, and most importantly
it keeps your record clean and avoids formal
restrictions. In the long run an informal
38
disposition will usually be to your advantage.
JUVENILE COURT INTAKE
If the juvenile court receives a complaint
and the complaint has not been informally
disposed of, then you must begin the court
intake process. If you are accused of a felony,
the district attorney will decide what charge
will be filed against you.
If you are age 15 or above and are charged
with certain very serious felonies under Ballot
Measure 11, you will be tried as an adult and
possibly face time in adult prison. If
convicted of a Measure 11 crime, you will be
sentenced to a mandatory sentence that may
not be reduced for good time or for parole.
For example, a 15-year-old convicted of
robbery in the second degree will serve 70
months (five years and ten months) in the
state prison. Ballot Measure 11 and
procedures in state court are explained in the
“Adult Court Section” following this
discussion of juvenile court.
If you are charged in juvenile court, a
juvenile court counselor will investigate your
case to decide what should be done. The
counselor may ask to meet with you and your
parent or guardian to decide if the case can be
settled informally. If you and your parent or
guardian can persuade the counselor that your
case can be handled informally, then your
case may be dismissed at that point. The
cooperation of your parent or guardian can
make a difference at the interview with the
counselor.
After the completion of the intake process,
the juvenile department may decide to dismiss
your case completely. The department may
also agree to an informal disposition
agreement if your case does not present
serious problems or if you have never been in
trouble before. However, the department may
decide to file a petition which will formally
initiate juvenile court proceedings.
It is important to note that although the
counselor is charged with the duty of
representing your interests to the juvenile
court, any statements you make in the
presence of the counselor can be used against
you in a juvenile court hearing. A counselor
can put anything you say in a report which
becomes a part of your juvenile department
file, and juvenile court judges usually have
access to these files. Therefore, if you
maintain that you are innocent despite the
charges, you must take care about what you
say to the juvenile court counselor. You may
even want to exercise your right to remain
silent and your right to a lawyer when you
first meet with the counselor.
PRE-HEARING DETENTION
If the police take you into custody, they may
detain you for up to five hours in the police
station, if necessary, to obtain your name, age,
and address. The police must decide whether
to release you to your parent or guardian or
whether to take you to a shelter or detention
facility where you may be held until a
decision about your case has been made.
If you are younger than 12, only a judge can
decide whether you should be placed in
detention or “secure custody.” If you are 12
years old or older and you have been accused
of a crime, then you may be held in detention
for 24 hours without a court order. However,
you can only be detained if your parent or
guardian cannot be found or they will not take
responsibility for you and there is no other
place for you to go or you otherwise qualify
39
for detention. If you are at least 18 years old,
you may be held in a juvenile detention
facility in certain circumstances, but may also
be held in an adult jail. If you are age 16 or
17 and arrested for a Ballot Measure 11 crime,
or your case is transferred after a remand
hearing to adult court, you may be held in
adult custody. If you are 15 or under, you
may not, under any circumstances, be held in
adult jail.
Specific rules exist to determine whether
you can be held in detention before trial. In
juvenile court, you must be accused of a
felony or a crime against a person and the
court must have some reason to believe that
you will not show up for your hearing or that
you will commit another crime if released. If
you are on probation, parole, or you are on
release from another charge, and you have
been charged with a new crime or have run
away from a court ordered out-of-home
placement, then the juvenile court may order
that you be held in detention.
Additionally, you may be held in detention
if you are a runaway from another
jurisdiction, or are accused of unlawfully
possessing a firearm. The law prohibits you
from being held in detention more than 36
hours, excluding Saturdays, Sundays, and
certain holidays, except upon order of the
juvenile court after a hearing.
If you are arrested and placed in detention,
there must be a finding within 36 hours by a
judge from the time of your arrest that there is
probable cause to believe you have committed
a crime.
Juvenile Court Detention Hearing
If you are held in juvenile detention, your
first court hearing is a preliminary hearing. At
that time you may ask to have a lawyer
appointed at no cost to you and you will be
told exactly with what crime you are charged.
At that time you, your lawyer, or your family
may ask the court to release you. On
weekends, this may happen without a court
hearing.
If you are detained awaiting trial, you may
have a review hearing at least once every ten
days, excluding Saturdays, Sundays, and
certain holidays. You may not be held in
detention before trial if the reason you have
been referred to juvenile court involves a
status offense only, such as running away
from home, truancy, disobeying your parent
or guardian, or curfew violations. However,
the juvenile court may order that a status
offender be held in a shelter care facility, such
as foster care or group homes. The court may
order your detention if you are a runaway
from another state.
The laws regulating these hearings are
complicated and many factors may influence
the court’s decision about whether you will be
detained or released. You should probably
talk to a lawyer if the court has ordered you to
be detained.
Conditions of Detention
The law regulating juvenile detention is
very specific because detention is an
overwhelming experience. Without careful
regulation, the experience may cause you
serious physical or psychological harm. You
may be held in an adult jail if you are 16 years
old or older and are charged with a Ballot
Measure 11 offense or your case has been
transferred to adult court. Under no other
circumstances may a juvenile be held in a jail
with adults.
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Juvenile facilities must provide:
• a safe, secure and clean facility;
• proper supervision of juveniles;
• adequate visitation and telephone
communications with lawyers;
• unrestricted mail, unless otherwise
ordered by the court, or for purposes
of inspection if there is reason to
believe incoming mail and packages
contain contraband;
• medical care and emergency dental
treatment;
• medical screening by a nurse within
24 hours, if you are to be held longer
than 24 hours;
• reasonable opportunities to make and
receive phone calls;
• an educational program and
counseling if you are held more than
five days;
• exercise and crisis counseling;
• the free exercise of religion unless it
would create security problems or
disorderly conduct within the facility;
• an opportunity to express or file a
complaint regarding your treatment or
violation of any rights;
• written reports and notification to
your lawyer and parent or guardian if
physical force, restraint, isolation, or
room lockdown occurs; and
• written policies for all of the above.
Juvenile detention facilities are not allowed
to:
• use physical force except as
reasonably necessary and justified to
prevent escape, injury to yourself or
others, injury to property, or when
room lockdown or isolation is
necessary;
• use restraints except in extreme
situations to prevent physical injury
or escape. Restraints may not be used
for more than six hours. However,
restraints may be used when you are
being transported;
• use isolation for longer than six
hours, and only in the most extreme
situations;
• use room lockdown, unless a rule has
been violated, a crime has been
committed, or to prevent escape,
physical injury, or property
destruction, and not for more than 12
hours in a 24-hour period, excluding
sleep time, without a hearing;
• examine your anus or vagina for
contraband, without probable cause
that contraband will be found, and if
there is probable cause the
examination may only be done by a
licensed physician or nurse;
• administer medication without your
informed consent, except in extreme
emergency situations;
• deny any privileges for more than one
day without a hearing;
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• detain juveniles who are emotionally
disturbed, mentally retarded, or
physically handicapped in situations
where other juveniles would not have
been detained; or
• discriminate against you on the basis
of race, national origin, religion, sex,
physical handicap, or political belief.
If you are being held in a facility which you
believe violates one of these requirements,
you should notify your lawyer, a counselor, or
judge. You should request a written copy of
the detention rules and procedures.
PETITION
The filing of a petition means that the
juvenile court has initiated formal legal action,
or in other words, a prosecution. The petition
is a document containing the facts the district
attorney will try to prove in order to establish
your guilt. If a petition is filed, the juvenile
court may order that you be taken into
protective custody and placed in shelter care
or detention if that has not already been
ordered.
REMAND: TRANSFER TO
ADULT COURT
Under certain circumstances, the juvenile
court may transfer your case to adult court.
Such a transfer is called a waiver, and there
are two types of waiver transfers: 1) transfers
to municipal court (also known as traffic
court) and 2) transfers to adult criminal court.
Traffic offenses committed by juveniles are
now treated as adult traffic offenses. As a
result, if you are convicted of a traffic offense,
you may be fined or jailed as an adult would
be. In addition, traffic offenses can no longer
be expunged from your record. In many
counties, the waiver of juvenile traffic
offenses to adult court is routine, so that all
traffic cases are tried in traffic court.
Nevertheless, the juvenile court retains the
power to recall your case, and you or your
parent or guardian may request that the
juvenile court keep jurisdiction over your
traffic offense.
If you have been accused of a non-traffic
criminal offense, you may be waived to adult
criminal court if:
• you are 15 years or older, and you are
charged with committing a serious
criminal offense, including Escape in
the Second Degree, Assault in the
Third Degree, Coercion, Robbery in
the Third Degree, and Arson in the
Second Degree;
• at the time of the alleged offense, you
had sufficient sophistication and
maturity to appreciate the nature and
quality of the conduct involved;
• the court determines that keeping you
in juvenile court would serve neither
your best interest nor society’s best
interests; and
• the court does not believe that you are
willing and able to benefit from the
facilities and programs offered by the
juvenile court.
The offenses for which you may be
remanded include Escape in the Second
Degree, Assault in the Third Degree,
Coercion, Robbery in the Third Degree, and
Arson in the Second Degree.
If you are under age 15, you may be
remanded to adult court if the judge makes the
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same findings above and you are charged with
Aggravated Murder, Murder, Rape in the First
Degree, Sodomy in the First Degree or
Unlawful Sexual Penetration in the First
Degree. However, you will not be charged
under Ballot Measure 11 if you are under age
15, which means that the court will have some
flexibility in sentencing you.
The juvenile court must hold a hearing
before you are waived to adult criminal court.
In the waiver hearing, the court will consider
your previous record, the nature of the offense
with which you are charged, your attitude, and
the facilities available in the juvenile system.
If you are 15 years or older and have
committed a serious criminal offense, you
cannot rely on the protection of the juvenile
court. There is no waiver hearing if you are
charged with a Measure 11 crime. Your case
will be automatically transferred to adult
court.
JUVENILE COURT PRE-TRIAL
CONFERENCE
A few counties require that a pre-trial
conference be scheduled before a contested
hearing in juvenile court is set. In a pre-trial
conference, you must meet with your parent
or guardian, the court counselor, your lawyer,
and the district attorney to discuss your case.
If you do not have a lawyer, you may request
that the court appoint one to represent you at
the pre-trial conference or later in the
proceedings.
If you do not attend the pre-trial conference,
the court may issue a warrant for your arrest.
At the pre-trial conference, you have the right
to remain silent. If the parties cannot reach an
agreement for a dismissal, plea bargain, or an
informal disposition of your case, then the
court will schedule your case for formal
adjudication.
ADJUDICATION-TRIAL
Unless you have been waived to adult court
or a decision about your case has been made
at the pre-trial conference, you will have an
adjudication of your case usually within 28
days after the filing of a petition. The 28-day
period may be extended for good cause to
prepare further for the adjudication. An
adjudication of your case is a hearing similar
to a trial. The purpose of the adjudication is
to determine whether or not the facts stated in
the petition are true. Your juvenile court
hearing is open to the public, but you do not
have a right to a jury trial. A judge will
preside over your hearing, and the judge will
be responsible for making a decision in your
case.
In juvenile court, you have a right to:
• have a lawyer of your choice or to
have one appointed if you cannot
afford one;
• remain silent or testify on your own
behalf. If you testify, you will take
an oath, and anything you say can be
used against you;
• a specific description of the charges
against you;
• attend the court hearing;
• call your own witnesses who will
testify under oath;
• cross-examine (question) the
witnesses who testify under oath
against you and subpoena (require the
appearance in court of) witnesses of
your own;
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• have the state prove every element of
the charge against you “beyond a
reasonable doubt;”
• have a written decision, supported by
evidence at the hearing; and
• be notified of your right to appeal.
Again, if you cannot afford a lawyer, one
will be appointed for you.
Your lawyer is sworn to represent you—not
your parent or guardian, the court, or anyone
else. Your lawyer should advise you on the
law and explain your legal situation so that
you understand it clearly. Your lawyer should
also make a recommendation as to what you
should do and to find out from you what you
actually want to do. Finally, your lawyer
should communicate your desires to the court.
If your lawyer does not do these things, you
can tell the court and ask the court to appoint
another lawyer for you. The court will decide
whether or not to appoint a new lawyer for
you.
JUVENILE COURT DISPOSITIONAL
HEARING
A dispositional hearing takes place after the
court finds a juvenile offender, or
“delinquent,” guilty of committing a crime. It
is similar to a sentencing hearing in adult
court. You are subject to a disposition for a
serious crime (felony or class A
misdemeanor), or if you have a history of a
series of less serious offenses
(misdemeanors). The kind of sentence you
get depends upon the seriousness of the wrong
committed.
The purpose of a dispositional hearing is for
the court to determine the appropriate method
of correction or type of remedy. The court
may base its decision on interviews with you
and your parent or guardian. The court may
also consider your background, general
behavior, family situation, school record, age,
and prior court history, as well as the
seriousness of the offense. You have a right
to a lawyer and the right to be present at this
hearing.
The following is a list of common
dispositions ordered by the court. The
juvenile court has the authority to impose one
or more of these punishments:
1. Simple Warning
The court may impose a warning without
any supervisory conditions. This is common
for misdemeanor theft crimes.
2. Custody
The court may direct that you remain in the
legal custody of your parent or a guardian or
another person with whom you may be living.
Alternatively, it may direct you to be placed
in the legal custody of a relative or a person
maintaining a court-approved foster home, or
in a childcare or youth care center.
3. Probation
Probation or protective supervision is the
conditional release of a juvenile under the
formal supervision of the juvenile court. It is
the most common response to delinquency.
Probation may not exceed five years and may
not extend beyond your 23rd birthday,
whichever occurs first.
During the probationary period, your
activities and character are under constant
scrutiny, supervision, and evaluation by court
personnel. The court may direct where you
live during this period. The court may impose
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a wide range of conditions pursuant to the
probation. These conditions may include the
following:
• Community Service—uncompensated
labor for the purpose of enhancing
physical or mental stability,
environmental quality, or the social
welfare. The amount of community
service ordered by a court may not
exceed the amount required of an
adult in the same situation. The most
common types of community service
include clean-ups and trail making.
However, anything ranging from
attending school to working at a
nursing home may be ordered. The
type of service imposed depends on
your ability to perform;
• Restitution— a sum of money to be
paid by the offender to the victim for
personal injury or damages. Your
financial resources and future ability
to pay are considered. If you do not
have a job, the court may order that
you get one, and the court may
withhold money from your wages
until the obligation to the victim is
completed;
• Payment of a penalty as determined
by the court;
• Counseling for skill building,
employment, and educational
purposes. Other reasons for
counseling may include learning to
deal with anger, solving drug and
alcohol problems, and treating sex
offenders;
• Written letters of apology by you to
the victim;
• Drug or alcohol evaluation to
determine if drug or alcohol treatment
would solve the problem;
• Bench Probation—meaning the court
withholds supervisory probation in
exchange for a promise that you will
not commit further crimes. If this
promise is broken, detention may
result. This condition is usually
imposed for less serious offenses;
• Personal service for the victim, if the
victim is willing. The court will
specify the nature and duration of the
service;
• Detention for violating a condition of
probation;
• Restrictions on visitation with your
parent or guardian;
• Restrictions on whom you may
associate with, what jobs you may
have, or on your other activities;
• Requirements to be observed by a
person having legal custody of you;
• Requirements to submit to blood or
buccal (cheek swab) testing.
4. State Training School
A state training school is the most serious
disposition. It is essentially a jail for kids. It
is only imposed on juveniles over 12 years old
who have a history of crime, who fail to
respond to probation, or who have committed
serious crimes. In Multnomah County, it is
rare to be sentenced to a training school
because each county in Oregon is allocated a
limited number of persons per year, and
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Multnomah County has the greatest
population, so chances of being sentenced to
such an institution are low, depending on your
history. Juveniles who are originally charged
under Ballot Measure 11 who plea bargain to
a lesser charge or are convicted at trial of a
lesser charge, usually start off any prison
sentence in juvenile custody at a training
school such as MacLaren. Because of their
criminal history, some juveniles are placed in
an adult facility.
Treatment administered at these schools
includes lock-up for dangerous individuals,
camps, vocational training, and regular
schooling. In Oregon, there are currently two
training schools, Hillcrest and MacLaren.
Hillcrest (traditionally for girls) is located in
Salem, and MacLaren School (for boys) is
located in Woodburn.
Instead of sending a delinquent immediately
to a training school, the court may order a
“suspended commitment.” Under this order,
you are committed to the institution but
actually sent there only if you break a
condition of probation.
5. State Office of Services for Children &
Families (SOSCF)
SOSCF is a state agency that regulates
services relating to children. After a
dispositional hearing, the court may order
SOSCF to take legal custody of your care,
placement and supervision. The court does
not have the power to direct SOSCF where to
place you, although it may limit the choices.
The person with physical custody of you is
responsible for your care. This includes
providing food, clothing, shelter, incidental
necessities, education, discipline, and the
authorization for health care. The court
seldom imposes a disposition to SOSCF.
6. Other Dispositions
The court may order mental or medical
examinations and treatments, or other special
care in addition to, or instead of, other
dispositions.
The court may impose a fine on a juvenile if
a fine could be imposed under the Oregon
Criminal Code on an adult who committed the
same crime. The court considers your
financial resources and whether payment of a
fine would be rehabilitative.
7. Dispositions for Status Offenders
A status offense is a crime that could only
be committed by a youth. Status offenses
include violating curfew, running away,
possessing alcohol or acting out of control.
Generally, status offenders are referred to
SOSCF, private counseling, or youth
counseling services.
Duration of Disposition
The duration of disposition is fixed by the
court for an indefinite time period but cannot
be greater than an adult penalty for the same
crime. All juvenile dispositions terminate at
age 25. Probation terminates at age 23.
BALLOT MEASURE 11 AND ADULT
COURT PROCEDURES
What is Ballot Measure 11?
If you are age 15 or older and have been
charged with a Ballot Measure 11 offense,
you may automatically face trial as an adult
without going through the remand process. If
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you are age 16 or older, you may be held in
adult jail while you await trial.
If you are convicted of a Ballot Measure 11
offense following a plea bargain or a trial, you
will be required to complete a very harsh
minimum sentence with no time off for good
behavior or early release. Your sentence
would likely be in adult prison. The following
offenses are Ballot Measure 11 crimes with
their minimum sentences:
Arson—First Degree: 7 years, 6 months
Assault—First Degree: 7 years, 6 months
Assault—Second Degree: 5 years, 10 months
Kidnapping—First Degree: 7 years, 6 months
Kidnapping—Second Degree: 5 years, 10
months
Attempted Murder: 7 years, 6 months
Attempted Aggravated Murder: 10 years
Manslaughter—First Degree: 10 years
Manslaughter—Second Degree: 6 years, 3
months
Murder: 25 years
Rape—First Degree: 8 years, 4 months
Rape—Second Degree: 6 years, 3 months
Robbery—First Degree: 7 years, 6 months
Robbery—Second Degree: 5 years, 10
months
Sexual Abuse—First Degree: 6 years, 3
months
Sexual Penetration with a Foreign
Object—First Degree: 8 years, 4 months
Sexual Penetration with a Foreign
Object—Second Degree: 6 years, 3 months
Sodomy—First Degree: 8 years, 4 months
Sodomy—Second Degree: 6 years, 3 months
Using a Child in a Display of Sexually
Explicit Conduct: 5 years, 10 months
Compelling Prostitution: 5 years, 10 months
These offenses may seem to apply only to
the most serious behavior, but you can be
charged with a Ballot Measure 11 crime for
behavior that may not seem all that serious.
For instance, if you hit someone with a heavy
object or kick them with your tennis shoes,
you can be charged with Assault in the
Second Degree. Or, if you and someone else
go up to someone and try to steal something
from them and there is any force or threat of
force, you can be charged with Robbery in the
Second Degree, even if very minimal force is
applied or threatened. You might be charged
with a Ballot Measure 11 offense even if you
do not do anything, but are driving your
friends around and they get out of the car and
commit a Ballot Measure 11 offense, and then
you drive away after they get back in the car.
If you are charged with a Ballot Measure 11
crime, you will be entitled to have a lawyer
and will be tried under the rules of adult court,
described in the “Trial in Adult Court
Section.” You will be entitled to a jury trial.
Ballot Measure 11 Pre-Trial Detention
If you are arrested for a Ballot Measure 11
offense, you may be held in adult jail if you
are 16 years old or older. You must have a
court appearance within 36 hours. As the law
states at the time of this writing, you will be
denied release unless the court determines by
clear and convincing evidence that you will
not commit a new crime while on release. If
you want to have a release hearing, you must
request it at your initial appearance in court.
Once you request a hearing, the state must
hold it within five days.
At the hearing, the court will determine
whether there is probable cause that you
committed the crime and whether you would
commit new crimes on release. The district
attorney has the burden of presenting this
evidence. You may be represented by a
lawyer at this hearing. Some counties,
including Multnomah County, have held this
section of the law allowing pre-trial detention
for Ballot Measure 11 offenses to be
unconstitutional and the ruling is on appeal to
47
a higher court.
For Ballot Measure 11 crimes, there is a
minimum bail of $50,000, and you will not be
released unless you can post at least ten
percent of that, which is $5,000. Some
counties have higher bails. For instance,
Multnomah County sets bail at $250,000, and
you have to post $25,000 to get out of jail.
At your release hearing, the judge may
lower your bail. In some counties, the court
refers you to a supervising agency to monitor
you if you are released on a lower bail. In
Multnomah County, you could be supervised
by Close Street Supervision. In no case can
your bail be reduced below the minimum of
$50,000.
Trial in Adult Court
When you are remanded from juvenile court
or are charged under Ballot Measure 11, your
trial is held in adult court. You have all the
rights you have in a juvenile court, plus the
right to a jury of 12 persons to decide your
case. In Oregon, juries do not have to return
unanimous verdicts. You may be found guilty
of a crime if ten jurors vote for your guilt even
if two jurors think you are not guilty.
Likewise, you may be found not guilty if ten
out of 12 jurors vote that you are not guilty.
You have the right to have your case tried
by a judge instead of a jury. However, your
right to a judge trial is not as absolute as your
right to a jury trial. Laws give the district
attorney the right to choose a jury trial over a
judge trial or allow the judge to deny your
choice for a judge trial. Ultimately, you may
have to try your case to a jury even if this is
not what you want.
You have the right to testify on your own
behalf and tell your side of the story. If you
do not want to testify, you have the right to
have the jury instructed that they cannot
consider your silence as evidence against you.
If you testify, any past adult felonies and
some misdemeanors you have committed can
be admitted into evidence to challenge your
credibility. Under new law, some prior
behaviors, even if you were never convicted
in connection with those actions, may be used
against you if they are relevant to the case.
If you are found guilty in adult court, you
have been convicted of a crime. An adult
conviction is on public record. None of the
Ballot Measure 11 offenses may be expunged
(or removed from your record), and if you are
convicted the crime goes on your permanent
record.
You do not have to go to trial. If you
choose, you can accept a plea bargain offered
by the district attorney. It is best to talk over
your decision carefully with your lawyer.
Sometimes a plea bargain can save you from a
very long prison sentence. Just as at trial, if
you accept a plea bargain, that means the
conviction goes on your record.
Sentencing in Adult Court
The sentencing in adult court is similar to
that in juvenile court. You either receive
probation or prison, depending on your
offense.
Adult Probation: You may be placed on
probation requiring you to report to a
probation officer. You may be required to
complete community service, forest camp,
work release, or jail time as a condition of
probation. There may also be other
conditions, such as anger management classes,
alcohol or drug treatment, full-time school or
employment, following orders of SOSCF, or
other conditions imposed by your judge or
48
probation officer.
Being on probation is considered a
privilege. If you do not report as required to
your probation officer or fail to complete
conditions, you can be in violation of your
probation and/or your probation can be
revoked. If you are in violation of your
probation, this means you can receive time in
custody as a penalty for not following through
on your probation. If your probation is
revoked, this means the judge thinks you
cannot be supervised in the community and
must be placed in custody. You can be sent to
prison for up to six months or even more,
depending on your offense.
Adult prison: If you do not qualify for a
probation sentence, you will be sent to prison.
If you are sentenced for a Ballot Measure 11
crime, you may not earn time off for working
or for good behavior.
For prison sentences outside of Ballot
Measure 11, including those that you plea
bargain, you may receive time off or even be
eligible for boot camp, work release, early
release, or other programs. The judge has to
order that you are eligible for these programs
at the time of your sentencing for you to be
able to participate in them. The law requires
the judge to find you eligible for these
programs unless he or she finds substantial
and compelling reasons to prevent you from
participating.
Ballot Measure 11 Exceptions
If your applicable offense occurred after
October 1997, you may be able to qualify for
a sentence outside of Ballot Measure 11. This
exception applies only to Assault in the
Second Degree, Robbery in the Second
Degree, or Kidnapping in the Second Degree.
The judge must find that “substantial and
compelling reasons” justify a sentence that is
less than the minimum required by Ballot
Measure 11. Substantial and compelling
reasons might include your personal history
and the circumstances of the crime. If the
judge authorizes the lower sentence, you still
face time in adult prison.
You qualify for a lower sentence only if
certain conditions are met. Ask your lawyer
whether you fall within those conditions. If
you meet the standards, you may potentially
qualify for a probationary sentence if the
judge finds additional substantial and
compelling reasons to lower your sentence a
second time. The judge must also find that a
sentence of probation will be more effective
than prison in reducing the risk that you will
reoffend and that the lower sentence will
better serve to protect society.
You do not qualify for a lower sentence if
you were successfully adjudicated in juvenile
or adult court at age 15 or above for
attempting to commit or committing certain
serious crimes. If you have a prior juvenile
offense, you should ask your lawyer whether
that offense would prevent you from taking
advantage of the law allowing lower
sentences. If you are charged with a Ballot
Measure 11 offense occurring before October
1997, or have already been convicted of a
Ballot Measure 11 offense, a new law allows
you to petition for a lesser sentence if the
district attorney agrees that you should be
considered for a lesser sentence. You should
contact your lawyer about your county’s local
policy.
Second Look
Some persons who are charged with a Ballot
Measure 11 crime and who take a plea bargain
to get the sentence out of Measure 11 or who
earn a lower sentence described in the above
section may be eligible for a “Second Look.”
Second Look makes you eligible for release
49
after half of your sentence is over. It is also
called “conditional release.” It is conditional
because you are still under the jurisdiction of
the court and must abide by the rules set up by
the court or else you can be taken into
custody. Your jail counselor must notify your
sentencing judge before half of your sentence
is up. You are entitled to have a lawyer
represent you at the hearing and you may ask
the judge to release you. The hearing must
occur no later than 30 days after the date on
which you served one half of your sentence.
For crimes occurring after October 1997,
you are eligible for conditional release only if
your sentence is for 24 months in prison or
more. At the hearing, the judge will consider
your personal history, the circumstances of the
crime, and your behavior in custody before
deciding whether to release you. You may be
required to follow certain conditions during
your release and if you do not follow those
conditions, you can be taken back into
custody to finish your sentence.
JUVENILE COURT RECORDS
AND EXPUNCTION
Confidentiality of Records
All information contained in juvenile
records is considered confidential. However,
access is available in certain situations. A
recruiter for the U.S. armed forces may obtain
records of an adjudicated matter with your
written permission. Your lawyer may obtain
records if he or she is handling a juvenile
case. Your parent or guardian also has limited
access. However, records are not available to
an employer. Juvenile records, reports, or
other materials may not be disclosed to any
other person without the consent of the court.
In certain circumstances, juvenile records may
be used by a court. Your juvenile history can
be used against you later if you are sentenced
for an adult offense. You also have the right
to request a copy of your records.
Expunction of Records
Expunction is the destruction or permanent
sealing of records and documents so that they
are no longer public information.
You cannot expunge the following juvenile
offenses: Any Homicide or Attempt or
Conspiracy to Commit Murder; Assault in the
First Degree; any sex-related offense;
Criminal Mistreatment in the First Degree;
Kidnapping in the First Degree; or Promoting
or Compelling Prostitution. Ballot Measure 11
offenses may not be expunged. Different
rules apply to adult convictions.
Expunction must occur in the county you
lived in at the time the disposition ended. By
law, the juvenile court is required to make
reasonable efforts to provide written notice to
you of expunction procedures at the
dispositional hearing, at time of termination of
the disposition, upon notice of expunction by
the court, and at the time of the execution of
an expunction order.
There are two methods of expunction,
automatic and by application. Automatic
expunction occurs when the court itself
expunges your juvenile records. This occurs
once you have reached the age of 18 and with
the approval of the district attorney.
Automatic expunctions at age 18 are done
haphazardly. You should check to make sure
your records are actually expunged.
You may apply for expunction at any time
by filing an application with the court. The
application is provided by the juvenile court
and explains what records can be expunged
and what records are not eligible for
expunction. The application for expunction
must be approved by the district attorney who
weighs the following criteria in determining
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whether to approve expunction:
• whether five years have elapsed since
the most recent disposition or the
court has allowed a lesser time;
• whether there have been felony or
class A misdemeanor convictions
since the date of the most recent
disposition;
• whether criminal proceedings are
pending;
• whether the person is within the
jurisdiction of any juvenile court due
to allegations that:
(a) the person has committed a
crime;
(b) the person is beyond
control of his or her parent
or guardian;
(c) the person is a runaway; or
(d) the person’s behavior,
condition, or circumstances
endanger his or her welfare
or the welfare of others;
and
• whether the juvenile department is
aware of any pending investigation of
the conduct of the person by a law
enforcement agency.
The district attorney has 30 days to give you
and the court written notice of any objections
to the expunction. After the district attorney
accepts or rejects the application, it is returned
to the court. If expunction is not approved,
the district attorney explains why and states
when you are eligible to apply again. You
may request a court hearing by a judge or
referee to determine the appropriateness of the
denial.
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CRIMINAL LAWS AND PUNISHMENT
Minors generally come under the
jurisdiction of the juvenile court. Most
minors that are brought to juvenile court are
there for criminal behavior. The following
pages list and define some criminal laws you
should know. All crimes are divided into
different classes depending on their
seriousness: Felonies are either class A,
class B, or class C, and misdemeanors fall into
the same classes. Non-criminal “status
offenses” are also included.
There are many other crimes that are not
mentioned here. You can find a complete set
of all the laws of Oregon in any public library.
The books are called the Oregon Revised
Statutes (ORS).
STATUTE OF LIMITATIONS
The law generally requires that a civil
lawsuit or criminal charges be brought within
a certain period of time. This period is
referred to as the statute of limitations. Thus,
if you have been civilly wronged (for
example, if you have been personally injured
or someone has breached a contract which you
have entered into with that person) you should
seek legal assistance before this time period
expires.
If you have committed a criminal offense,
then the police must bring charges against you
within the following time periods:
No Time Period: Attempted Murder,
Manslaughter, or Murder. If you commit the
crime of murder, you can be arrested for that
crime up until the time of your own death.
Within Six Years or if the victim is under
18 years of age, then anytime before the
victim reaches 24 years or within 6 years after
the offense is reported to a law enforcement
agency or any other government agency,
whichever occurs first:
• Criminal Mistreatment-First Degree
• Rape-First, Second, and Third Degrees
• Sodomy-First, Second, and Third Degrees
• Sexual Abuse-First and Second Degrees
• Unlawful Sexual Penetration - First and
Second Degrees
• Promoting or Compelling Prostitution
Within Four Years of the commission of
the offense; or if victim is under 18 years of
age, then anytime before the victim reaches 22
years of age; or within four years after the
offense is first reported (whichever comes
first):
• Sexual Abuse-Third Degree
• Other offenses involving making obscene
materials available to minors
Within Three Years:
• Most other felonies
Within Two Years:
• Most other misdemeanors
INTRODUCTION
52
Within Six Months:
• Most violations (tickets).
These time periods begin to run on the day
after the offense was committed. The
prosecution for the crime is deemed
commenced when a warrant or other process
has been issued, so long as it is executed
without unreasonable delay.
CRIMES IN PREPARATION
Aiding and Abetting: Intentionally helping
or encouraging another person to plan or
commit a crime, or attempting to help
someone else commit a crime. For example,
if you serve as a lookout during a burglary,
you can be convicted of burglary. If you drive
a car to a place where your passenger gets out
and commits a robbery, then you can be
charged with robbery. Aiding and abetting is
not a lesser offense. You can be charged with
the same crime as the other person.
Attempt: Trying to commit a crime is itself
a crime, even if you do not succeed. To be
charged with an attempted crime you need
only to do something intentionally which is a
“substantial step” toward the commission of a
crime. For example, if you place open cans of
gasoline close to a building intending to start a
fire, and do nothing further, you have done
enough to be convicted of Attempted Arson.
If you try to buy drugs, you can be charged
with Attempted Possession of a Controlled
Substance.
The key element in an attempted crime is
intent. An attempted crime is one seriousness
level below the completed crime.
CONSPIRACY AND SOLICITATION
Conspiracy: Agreeing with another person
or persons to commit a crime. If you do so,
you can be charged with criminal conspiracy.
For example, if several persons agree to rob a
bank, plan the robbery, and then get arrested
before they rob the bank, they would all be
guilty of conspiracy. Conspiracy is treated at
the same level as the crime which the persons
conspire to do.
Solicitation: Intentionally asking,
encouraging, or commanding another person
to commit a serious crime. For example, it is
solicitation if you hire someone to kill another
person. As with attempt, the crimes of
solicitation and conspiracy do not require that
the intended crime actually be committed.
Crimes of solicitation are treated at one
seriousness level below the crime solicited.
CRIMES AGAINST PERSONS
Crimes against persons are considered to be
more serious than other types of crimes.
Examples of crimes against persons include
the following crimes.
Criminal Mistreatment: Having the legal
duty to provide care for another person, such
as a child or elderly person, and knowingly
causing physical injury or withholding
necessary care, food, or medical treatment.
Even slapping or spanking a child in your care
might be considered criminal mistreatment.
Assault: Intentionally, knowingly, or
recklessly injuring another person, or with
criminal negligence causing physical injury to
another person by use of deadly force. There
are degrees of this which vary depending upon
the seriousness of the injury and the type of
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attack. If you and someone else hit another
person, you can both be charged with Assault
in the Third Degree.
Criminal Homicide: Killing someone
without justification. The most serious is an
intentional killing -- Murder. Lower degrees
of homicide include reckless or negligent
killings such as those resulting from an
accident by a drunk driver.
Escape: The unlawful departure of a person
from custody or a correctional facility when
force is used during the escape.
Extortion, Blackmail, Coercion, Duress:
Forcing another to act against his or her will
by threats or the use of violence.
Harassment: Causing offensive physical
contact without injury, such as shoving
someone.
Intimidation: Abusing, threatening, or
injuring another person or that person’s
property because of his or her race, color,
religion, national origin, or sexual orientation.
Kidnapping: Intentionally taking a person
from one place to another, even across a
room, against his or her will or secretly hiding
someone against his or her will.
Resisting Arrest: Using or threatening to
use physical force to avoid arrest by a law
officer whether or not the arrest is legal.
Robbery: Stealing from a person by using
physical force or threats of force. It is more
serious when a weapon is involved, when you
try to injure someone, or when you pretend to
have a weapon.
Stalking: Knowingly alarming or coercing
another person or a member of that person’s
immediate family by engaging in repeated and
unwanted contact with the other person, and
this contact causes the person reasonable
apprehension for his personal safety and the
safety or his or her family or household.
SEXUAL OFFENSES
The law does not always regard sex as a
private matter. The policy behind these laws
is to prevent persons from being sexually
exploited. Sexual activity is illegal when:
• someone does something sexual to
you without your consent;
• you do something sexual to someone
without their consent; or
• you and your sexual partner both
consent, but the law declares that you
are unable to consent. You are
considered unable to consent to a
sexual act if you:
• are under 18;
• have a mental disease or
defect which prevents you
from judging your actions;
• are mentally incompetent; or
• are physically helpless.
If you are charged with having sexual
contact with someone under the age of 18, it is
a defense if you are less than three years older
than the person with whom you had that
contact.
The following are descriptions of some
sexual activities which are crimes. Note that
all sex offenses are person crimes. When
54
someone does something sexual to you
without your consent or forces you to do some
sexual act you do not want to do, it is a crime
even if it is not described here. For help, talk
to an adult you trust or a lawyer immediately.
Both males and females can be charged with
any sexual offense. If convicted of a sex
crime, you are subject to the same registration
rules that apply to adults and you must keep
the state informed of where you live.
Sexual Abuse: Involves what the law calls
“sexual contact:” touching the sexual or other
intimate parts of a person or making another
person touch your sexual or intimate parts for
the purpose of arousing either person. Sexual
abuse includes engaging in sexual intercourse
with another person without his or her
consent.
• Third Degree Sexual Abuse occurs
when a person subjects another
person to sexual contact and the other
person does not consent or is unable
by law to consent because he or she is
under 18.
• Second Degree Sexual Abuse occurs
when a person subjects another to
sexual intercourse, “deviate” sexual
intercourse (defined below) or
unlawful sexual penetration, and the
other person does not consent.
• First Degree Sexual Abuse occurs
when a person subjects another to
sexual contact and the other person is
under 14 years of age or is subjected
to sexual contact by force.
Sodomy: Engaging in “deviate” sexual
intercourse (defined as sexual contact
consisting of contact between the sex organs
of one person and the mouth or anus of
another -- in other words, oral or anal sex)
with another person under the following
circumstances:
• Third Degree Sodomy occurs when a
person has “deviate” sexual intercourse
with someone under 16 years of age, or
causes that person to engage in deviate
sexual intercourse.
• Second Degree Sodomy occurs when a
person has “deviate” sexual intercourse
with someone under 14 years of age.
• First Degree Sodomy occurs when a
person, through the use of force, has
“deviate” sexual intercourse with someone
under 12 years of age; a person who is
under 16 and is the perpetrator’s brother
or sister (whole or half blood), a son or
daughter, a step-son or step-daughter, or a
person incapable of consent.
Rape: Having sexual intercourse under the
following circumstances:
• Third Degree Rape occurs when a person
has sexual intercourse with a person who
is under 16 years old.
• Second Degree Rape occurs when a
person has sexual intercourse with a
person who is under 14 years old.
• First Degree Rape occurs when a person
has sexual intercourse with a person who:
• is forced into the act;
• is unable to consent due to a mental
disease or defect or is physically
helpless;
• is under 12; or
55
• is under 16 and is the
person’s brother or sister,
half-sister or half-brother,
son or daughter, or
stepdaughter or stepson.
The laws on statutory rape, where the crime
is based solely on the age of the victim, exist
to protect younger persons from being taken
advantage of by older persons. For this
reason, it is a defense if you were less than
three years older than the person you had
sexual contact with at the time of the offense.
This does not apply to Rape in the First
Degree or Sodomy in the First Degree. It is
not a defense that you did not know the age of
the person. You have an obligation to check
how old someone is before you have sexual
contact with them.
As a practical matter, the district attorney in
most counties will not prosecute a statutory
rape case unless the victim is willing to testify
against the offender in court. This is true even
if the victim’s parent or guardian is
complaining. The district attorney may,
however, decide to charge the offender with
Contributing to the Sexual Delinquency of a
Minor.
Contributing to the Sexual Delinquency
of a Minor: This is a less serious crime than
statutory rape. It is committed by any person,
male or female, 18 or older, who has sexual
intercourse with someone under 18. There is
a defense if your age difference is less than
three years. Also, you may have a defense if
you thought the person was 18 years or older,
but you have to prove at trial that your belief
was reasonable.
Sexual Misconduct: This is the least
serious of the sexual crimes. It occurs when a
person engages in sexual intercourse or
“deviate” sexual intercourse with someone
who is under 18 and is not married.
Public Indecency: It is a crime to do the
following things in a public place, or in view
of a public place:
• engage in sexual intercourse or “deviate”
sexual intercourse; or
• expose your genitals with the intent to
sexually arouse yourself or others.
Arson: Starting a fire or causing an
explosion which damages property. It is more
serious when persons are also endangered and
would be considered a person crime and not
just a property crime.
Burglary: Unlawfully (without permission)
entering or remaining in a building with the
intent to commit any crime, not just theft. It is
burglary even if the intended crime is never
committed. It is more serious if you
burglarize someone’s home, if burglar’s tools
or weapons are used, or if persons are present
in the home when the burglary occurs.
Computer Crimes: A person who
knowingly and without authorization uses,
accesses, or attempts to access any computer,
computer system, or computer network,
commits a class A misdemeanor “computer
crime.”
A person who knowingly and without
authorization alters, damages, or destroys a
computer, computer system, computer
network, or any computer software, program,
documentation, or data contained in a
computer, computer system, or computer
network, commits a class C felony “computer
crime.”
CRIMES AGAINST PROPERTY
56
A person commits a class C felony
“computer crime” if a person knowingly
accesses, attempts to access, or uses or
attempts to use any computer, computer
system, computer network, or any part thereof
for the purpose of:
• devising or executing any scheme or
artifice to defraud;
• obtaining money, property, or
services by means of false or
fraudulent pretenses, representations,
or promises; or
• committing theft, including, but not
limited to, theft of proprietary
information.
If a person commits a “computer crime” and
the computer program, software, system or
data is owned and operated by the Oregon
Lottery Commission, then that person
commits a class C felony “computer crime.”
Criminal Mischief (“Vandalism”):
Tampering with or damaging someone else’s
property. The crime becomes more serious as
the value of the property damaged increases.
For example, if you cause more than $500
damage to a car you can be charged with a
felony. The crime also becomes more serious
if the property vandalized belongs to a public
utility, such as Tri-Met or a telephone
company.
Criminal Trespass: Unlawfully entering or
remaining on the property of another. The
crime is more serious if you trespass in
someone’s home or if you enter the property
of another while in possession of a firearm.
You can also commit this crime if you
re-enter a place that you have been told to stay
away from, such as a store or parking lot, or a
designated “Drug-Free Zone.”
Theft: Intent to deprive another person of
their property. This includes finding and
keeping something which you know belongs
to someone else, as well as actually stealing it.
It becomes more serious as the value of the
property increases.
Forgery: Intentionally making, completing,
or changing a written or printed document
without permission or using or presenting a
document you know is forged. For example,
if you change the amount of a check without
permission and present the check to a bank or
you use a credit card without the owner’s
permission, you can be charged with forgery.
You can be charged with forgery if you try to
pass a bad check at a bank, even if you did not
alter it.
Unauthorized Use of a Vehicle
(“Joyriding”): Taking, operating, riding in,
or using someone’s car, boat, or other vehicle,
without the owner’s permission.
You can be charged with this offense even if
you are a passenger, if you knew you did not
have the owner’s permission to ride in the car.
Unauthorized Use of a Vehicle becomes
more serious when you commit it as an adult.
New laws are making the sentencing more
serious for these and other property offenses.
As an adult, if you have one prior
Unauthorized Use of a Vehicle conviction,
you can automatically get 13 months or more
in prison.
Graffiti: Applying graffiti to an object
knowing you have no right to do so. It is also
a crime to possess a graffiti implement, such
as paint, ink, chalk, or dye designed for
spraying, marking, etching or carving
57
surfaces. If you apply graffiti to any surface
you may also be charged with criminal
mischief for damaging property.
You can be charged with a felony if you
damage property belonging to a public utility,
telecommunications utility, railroad, public
transportation facility or medical facility. For
instance, if you mark up a bus bench or bus
shelter with a marker, you can be charged
with a felony, even though the damage may
not be expensive.
OFFENSES AGAINST PUBLIC ORDER
Riot: If while participating with five or
more persons, a person engages in violent and
disorderly conduct and intentionally or
recklessly creates a grave risk of causing
public harm.
Disorderly Conduct: If, with an intent to
cause public inconvenience, annoyance or
alarm, or recklessly creating such a risk, a
person:
• engages in fighting or in violent,
disorderly, or threatening behavior;
• makes unreasonable noise;
• unlawfully disturbs a lawful assembly of
persons;
• gathers with other persons in a public
place and refuses to comply with a lawful
order of the police to disperse;
• initiates or circulates a knowingly false
report concerning an alleged or impending
fire, explosion, crime, catastrophe, or
other emergency; or
• creates a hazardous or physically
offensive condition by any act which the
person is not licensed or privileged to do.
Alcohol: It is illegal for anyone under 21 to
purchase or attempt to purchase, possess, or
consume an alcoholic beverage. However, it
is legal to drink alcohol in a private home with
the consent of, and in the presence of, your
own parent or guardian. It is illegal to lie
about your age to buy liquor.
If an adult purchases liquor for a minor, and
is caught, there is a mandatory $350 fine for
the first offense, $1,000 fine for the second
offense, and a $1,000 fine and 30 days in jail
for the third offense. The stiff penalties are
designed to discourage adults from buying
alcohol for minors.
All persons purchasing beer kegs must sign
their names on a special receipt. Each keg
that is bought is tagged with an identification
number that matches the number on the
receipt. If a keg is found at a party where
juveniles are drinking, the police will make a
note of the number on the tag. The purchaser
whose name is on the receipt with the same
number will be charged with the offense
mentioned in the previous paragraph.
Minor in Possession: It is illegal for a
minor to be in possession of alcohol or
controlled substances anywhere, except that it
is legal to drink alcohol in a private home with
the consent of, and in the presence of, your
parent or guardian. If the court finds you in
violation of the Minor in Possession law, your
driver’s license or your right to apply for a
driver’s license will be suspended for up to
one year.
Alcohol and Automobiles
CRIMES WITHOUT VICTIMS
58
It is also illegal to drive while under the
influence of alcohol. The crime is Driving
Under the Influence of Intoxicants (DUII).
You may also be arrested for driving under
the influence of other intoxicants such as
marijuana, medication, cocaine, LSD,
methamphetamine, or other substances.
DUII is not a victimless crime. Alcohol is
involved in a large percentage of accidents in
which persons are injured or killed. If you
have been drinking, do not drive. Ask a sober
friend to drive, take public transportation, a
taxi, call someone to pick you up, or walk to
wherever you are going.
In Oregon, if you are stopped by a police
officer who reasonably suspects that you are
driving under the influence of intoxicants
(alcohol or drugs), you may be asked to take a
breath test. If you are arrested for DUII and
you refuse to take this test, your license will
be suspended for one year and the officer will
take away your license on the spot. If your
record shows any type of prior alcohol-related
entry in the last five years, including a prior
suspension for refusal or failure to take a
breath test, a DUII conviction, or an alcohol
education or treatment program, then your
license will be suspended for three years.
You may be convicted of a DUII if you have
a blood alcohol level of 0.08 or higher or if
you are found to be under the influence of
intoxicating liquor, a dangerous or narcotic
drug, or any combination of these substances.
You can be found to be under the influence
even if your blood alcohol level is below 0.08.
A DUII is a class A misdemeanor. If
convicted of a DUII you may be fined up to
$5,000 or sentenced for up to one year in jail,
or both. You must serve 48 hours in a
minimum security jail or rehabilitation or
treatment center, or perform at least 80 hours
of community service. You may be required
to pay a fine of $585 along with other fees.
Zero tolerance applies to minors. If you are
under the age of 21 and take the breath test
and it shows any amount of alcohol in your
blood above 0.00 percent, your license will be
suspended for 90 days, unless you have any
prior alcohol-related entries on your record, in
which case your license will be suspended for
one year.
If you are under 18 years of age and you are
convicted of a DUII you may lose your
license until you are 18 or until you are
eligible for reinstatement (one year),
whichever is later. In some cases you may be
able to get a hardship permit. A second or any
additional conviction will mean a three-year
suspension of your license if the offense takes
place within five years of another conviction.
A court can order your license suspended or
deny your right to apply for a driver’s permit
or license for six months under certain drug
offenses. No hardship permit will be allowed
during the suspension. The drug offense need
not involve a motor vehicle.
Provisional License
If you are between 13 and 17, a judge must
order the Oregon Division of Motor Vehicles
(DMV) to deny a license or permit to you if
you are convicted of being illegally involved
with drugs or alcohol. This law applies
regardless of whether a motor vehicle is
involved. The length of the suspension will
depend on your age at the time of the incident
and whether you have been involved in drugs
and alcohol in the past. The first order will be
for one year or until you reach 17, whichever
is longer. The second order will be for one
year or until you reach 18, whichever is
longer. The judge has the right to review the
order and withdraw it after 90 days on the first
offense. The order cannot be withdrawn on
any subsequent offense until after one year.
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The parent or guardian who signed your
driver’s license application may write a letter
to the DMV at any time until you reach 18
and withdraw approval for you to have a
license. Your license will be canceled until
your parent or guardian consents to you
having a driver’s license, or until you reach 18
and your parent’s or guardian’s signature is no
longer required.
Drugs & Marijuana
Drugs: Almost all activities involving
narcotic or dangerous drugs are serious
criminal offenses. This includes selling,
possessing, manufacturing, growing, using,
and being under the influence. It is legal for
you to have and use a drug given or prescribed
by a doctor, dentist, nurse practitioner, or
physician assistant, but only if you are the
person for whom the drug was prescribed.
The most serious drug law is aimed at the
distributor, particularly if distribution is to a
minor. For example, a person over 18 who
gives or sells marijuana to a juvenile who is
more than three years younger commits a
class A felony and could be imprisoned for 20
years and fined up to $300,000. Further, if
that person is caught selling or is in
possession of drugs within 1,000 feet of a
school, the penalties can be even more
serious. An adult who uses a minor to sell
drugs also faces more serious penalties.
Even if you do not use drugs yourself, it
may be a crime to remain in a place where
drugs are kept or sold or allow children to
remain in a place where drugs are used or
sold. You could be charged with a status
offense even if you are not charged with this
crime. If you have ability to exercise control
over the substance, you could be charged with
possession.
It is also illegal to sell drug paraphernalia
when you know it will be used to grow,
package, or consume drugs. It is also a crime
not to report the receipt or sale of chemicals
that can be used to make drugs.
Marijuana: Some persons think marijuana
possession is not a crime, or is not as serious
as other drugs, but it is more serious than you
may realize.
Possession of more than one ounce is a class
B felony punishable by a jail sentence and a
fine. The same penalties will apply if you are
convicted of this offense in juvenile court.
Possession of less than one ounce of
marijuana is a class C misdemeanor. An
officer can arrest you for possession and you
may face time in jail.
Even if the county where you live
announces that they will not be prosecuting
“pot-smokers,” police officers still have the
authority to arrest you and may use the
opportunity to search for more marijuana or
other evidence.
Growing marijuana plants is a serious crime
no matter how old you are. If you possess one
small growing plant you can be found guilty
of this crime. The crime is a class A felony
and is punishable by up to a $300,000 fine and
20 years in prison in adult court. Delivery of
marijuana is punishable in the same way.
Other Offenses
Harboring: Harboring a runaway child
may be illegal depending on where you live.
In Portland it is illegal to provide a place to
stay for a child who has run away from home.
As a practical matter, you would not be
prosecuted, unless the parent or guardian of
the runaway presses charges. Even then, it
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would have to be proven that you knew, or
should have known, that the person was a
runaway.
Loitering: Loitering is being in a public
place without a legitimate reason. The
Oregon courts have declared most of the
loitering laws to be unconstitutional. The
courts feel that the law is too broad and too
vague. Schools often use the trespass laws
instead of the loitering law to prevent persons
from hanging around the school grounds.
Misrepresentation of Age by a Minor: A
person commits this crime by claiming to be
older than the person actually is, in order to
gain a benefit only awarded to older persons
(like the ability to buy alcohol). A person also
commits this crime when being unmarried, the
person knowingly represents that he or she is
married with intent of securing a benefit
which by law is denied to unmarried persons.
If you are under 21 and you use a driver’s
license or other DMV identification to
purchase or consume alcohol, you may be
required to perform community service work
in addition to any other penalty and the court
will order that your driver’s license be
suspended for up to one year. If your driver’s
license has been suspended for violation of
this offense, you may petition the court to
withdraw the order of suspension. The court
may withdraw the order at any time the court
deems it appropriate. A hardship permit may
be granted by the court.
Prostitution: Prostitution is offering,
agreeing, or engaging in sexual conduct for a
fee. The crime applies to both the buyer and
seller. The offering or agreeing is enough to
be the crime, even if no sexual acts take place.
Promoting prostitution, or “pimping,” is also
illegal and a felony. Compelling someone by
physical force to commit prostitution is a
Ballot Measure 11 offense.
Tobacco: The possession or smoking of
tobacco by a minor is against the law and is
punishable by a fine of not more than $100.
Weapons: It is illegal to carry a concealed
weapon without a license to carry one. Intent
is not a factor. You must be at least 21 to get
such a license. Also, an adult is forbidden by
law to sell or give a concealable firearm to a
person under 18.
Weapons which cannot be carried include
knives, such as dirks, daggers, ice picks,
slingshots, and metal knuckles, or any weapon
which can inflict injury on someone or their
property.
If you are under age 18, it is illegal to posses
any firearm unless your parent or guardian
consents to you having a firearm which is not
a handgun, or unless you possess a firearm
temporarily for hunting or target practice.
You may not possess any type of firearm at
all if you have been convicted of a felony as
an adult or if within the past four years you
were discharged after having been found to be
in the juvenile court’s jurisdiction for any
violent offense. It is illegal for anyone to
possess a short barreled rifle or machine gun
without registering it in compliance with
federal law.
It is also illegal to purposely point or aim a
firearm at someone whether the weapon is
empty or loaded, and you can be fined and
placed in jail if you do so.
In the case of hunting rifles, a special safety
certificate is required before you can carry
such a rifle. This certificate is available from
the Oregon State Department of Fish and
Wildlife.
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SAFETY LAWS
Hitchhiking: It is against the law to stand
on a roadway to hitch a ride. Sometimes the
police will not bother you if you are on a
paved portion of the road as long as it is
clearly a safe spot. The other thing to
consider when hitchhiking is that you do not
know who is going to pick you up. Some
rides could turn out to be very unpleasant or
dangerous. If you do hitch a ride, it is much
safer NOT to do it alone.
Laws on hitchhiking are different in other
states. Some states, like California and
Washington, prohibit it or have some strict
rules about where you can stand, so know
what the law is before you hitchhike.
Bicycles: If you ride a bicycle on the street,
you must obey all the traffic laws that apply to
other vehicles, including stopping at stop
signs and signaling turns. Helmets are
required by law for all bicycle riders 16 years
of age and younger. At night, you have to
have a headlight visible from 500 feet and a
red reflector or light visible 600 feet to the
rear. You may be stopped by a police officer
if you do not. You can be charged with DUII
if you ride a bicycle under the influence of
intoxicants.
Never ride your bicycle on the wrong side
of the road, against the flow of traffic. Most
serious accidents between bicycles and cars
happen when the bicyclist is riding the wrong
way. Your city or town may require you to
register your bicycle. The Portland Police
Bureau recommends that you mark or engrave
the frame, handlebars, pedals, and any large
removable parts of your bicycle with your
Oregon driver’s license number.
If you do not have a driver’s license, you
can get an identification number from the
DMV. These numbers will help the police to
return your bicycle if they do find it after it
has been lost or stolen.
Mopeds: Moped licenses are available to
persons 16 years or older. You must have a
license to drive a moped (or any motorized
vehicle) on the street or on any private
property that is open to the public, such as a
parking lot. If you are driving on private
property not open to the public, other than
your own property, you must carry with you
written permission of the owner. You must
wear a helmet if you are riding a moped or
motorcycle. No passengers are allowed on a
moped.
STATUS OFFENSES
A status offense is an act or condition which
would not be illegal for an adult, but is an
offense for a minor. Committing a status
offense will bring you within the jurisdiction
of the juvenile court.
There are three categories of status offenses:
• Being beyond the control of your
parent or guardian.
• Behavior, conditions, or
circumstances which endanger your
welfare or the welfare of others.
• Running away from home.
The first two are very general. If you
violate curfew or are truant from school, you
could be within those categories.
Beyond Control: Failing to mind your
parent or guardian, using drugs, repeatedly
running away from home, violating curfew, or
not attending school are generally the reasons
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for being “beyond control” of your parent or
guardian. Aggressive outbursts, use of
profane and obscene language, and a poor
outward attitude are often considered evidence
of being “beyond control.”
It is usually your parent or guardian who
makes this kind of charge against you.
Teachers, relatives, or other interested persons
can also file such a petition.
Behavior, Conditions, or Circumstances
(BCC): Most of the things which could
support a finding that you are beyond the
control of your parent or guardian could also
support a BCC petition. Whether the court
sees one category instead of the other
probably depends on the custom in your
county as much as the facts in your case. This
category also includes situations that are
considered dangerous for a child, such as not
having a place to live, not being cared for
properly, being exposed to drug abuse and
alcoholism, or having problems that require
professional help.
CURFEW LAWS
Oregon law provides that “No minor shall
be in or upon any street, highway, park, alley,
or other public place between midnight and
4:00 a.m.” unless:
• accompanied by a parent, guardian,
or other person over 18 who has the
parent’s or guardian’s permission to
have care and custody of the minor;
• the minor is engaged in a lawful
pursuit or activity which requires his
or her presence in public places
during the curfew hours; or
• the minor is legally emancipated.
A job or school-related activity would be an
example of such a lawful pursuit or activity.
The state curfew law is rarely enforced.
Your local city or town may have additional
laws or curfew hours. Call your local police
station to find out about the curfew where you
live.
In Portland, the curfew law is more strict
than state law. If you are under age 14 and
there is school the next day, the curfew lasts
from 9:15 p.m. to 6:00 a.m. If there is no
school the next day, curfew is 10:15 p.m. to
6:00 a.m. If you are aged 14 to 17 or in high
school and there is school the next day,
curfew is 10:15 p.m. to 6:00 a.m. If there is
no school, it is midnight to 6:00 a.m.
If you are going to be out past curfew for a
lawful pursuit or activity, it is best to carry
some sort of written permission or work card
to show why you are out. If you are legally
emancipated, you should carry a copy of your
emancipation.
Running away: You are a runaway if you
leave your family home, group home, or any
legal guardian without the knowledge,
permission or consent of your parent or
guardian. When you are taken into custody by
the police as a runaway, the police officer
could take you home, to the police station, or
to the juvenile court.
If it is the first time, you will usually be
released back to your home. If you have run
away before, it is treated more seriously. You
may be taken to court or placed in shelter
care. In Portland, it is illegal to provide a
place to stay for a child who has run away
from home. If you run away from home and
your parent or guardian has filed a runaway
report with the police you cannot stay at a
youth shelter unless parental permission is
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received.
Truancy: Truancy is absence from school
without permission from your school or your
parent or guardian.
Oregon law requires everyone between the
ages of 7 and 18 who has not completed the
12th grade to attend public school. There are
a few exceptions to this requirement. See the
“Student Rights Section” for further
information on when a student is not required
to attend public school.
Usually a school will handle truancy by
meeting with you and your parent or guardian.
The same is true of irregular attendance,
which is defined as unexcused absence from
school with the knowledge of your parent or
guardian. In serious cases, the school may
refer you to the juvenile court. The law also
provides that, as a result of your continuing
truancy, your parent or guardian may be
punished by the court. Truancy or irregular
attendance could be the basis of a “Beyond
the Control” petition. In Portland, police
officers may pick you up if they think you are
a truant and arrange for your parent or
guardian to pick you up.
PUNISHMENT FOR CRIMES
If you are under the jurisdiction of the
juvenile court see the “Juvenile Law and
Rights Section” for the kinds of punishment to
which you may be subjected. If you are under
the jurisdiction of the adult court because you
have been remanded to the adult court or are
charged with a Ballot Measure 11 offense, see
the Charts on the next pages for: the
maximum jail time and fines you may be
subjected to based upon the classification of
the crime you have committed; some of the
crimes which fall within the classification of
felonies, misdemeanors, and violations; and
the more common types of controlled
substances (drugs) found within the particular
“schedule” classification.
64
MAXIMUM PUNISHMENTS, CLASSIFICATIONS and FINES
Aggravated Murder:
Death, or life without parole
Murder:
Imprisonment:
If the offense was committed after April 1995, 300 months or 25 years
minimum without parole or early release
Felony:
Class A
Class B
Class C
Up to $300,000 20 years
Up to $200,000 10 years
Up to $100,000 5 years
Misdemeanor:
Class A
Class B
Class C
$5,000 1 year
$2,500 6 months
$1,000 30 days
SCHEDULE OF COMMON CONTROLLED SUBSTANCES
Schedule I:
Schedule II:
Schedule III:
Schedule IV:
Schedule V:
Heroin, Marijuana, LSD
Cocaine, PCP, Methamphetamine, Codeine, Amphetamine, non-prescription
Pseudoephedrine
Lysergic Acid
Valium
Small amounts of codeine or narcotics found in medicine
65
CLASSIFICATION OF FELONIES
CLASS A
First Degree:
• Arson
• Assault
• Burglary
• Kidnapping
• Manslaughter
• Rape
• Robbery
• Sodomy
• Unlawful Sexual Penetration
Unclassified:
• Using Child in Display of Sexually Explicit Conduct
• Manufacture or Delivery of Controlled Substances: Schedule I
CLASS B
First Degree:
• Abuse of Corpse
• Aggravated Theft ($10,000 or more)
• Child Neglect
• Custodial Interference
• Sexual Abuse
• Escape
Second Degree:
• Assault
• Kidnapping
• Manslaughter
• Rape
• Robbery
• Sodomy
• Unlawful Sexual Penetration
Unclassified:
• Manufacture of a Controlled Substance: Schedule II
• Possession of a Controlled Substance: Schedule I
• Delivery of Marijuana for Consideration
• Driving While Suspended
• Furnish Firearm for Felony
• Unlawful Possession of Firearm (if machine gun, silencer, short-barrel
rifle, or short-barrel shotgun)
• Bribery
• Compel Prostitution
• Theft by Extortion
• Hit and Run (resulting in serious physical injury or death)
CLASS C
First Degree:
• Criminal Mischief (damages exceed $750)
• Failure to Appear
66
• Forgery (if of a check for $750 or more)
• Theft ($750 or more)
• Intimidation
• Identity Theft
• Fraudulent Use of Credit Card ($750 or more)
• Possession of Child Pornography
• Criminal Mistreatment
. . . . Class C Felonies Continued
Second Degree:
• Arson
• Burglary
• Escape
• Sexual Abuse
• Custodial Interference
• Abuse of Corpse
Third Degree:
• Assault
• Rape
• Robbery
• Sodomy
Unclassified:
• Failure to Appear (for felony charge)
• Manufacture or Delivery of Controlled Substances: Schedule III
• Possession of Controlled Substances: Schedule II
• Abuse of Corpse
• Child Abandonment
• Computer Crime (including Oregon State Lottery)
• Criminal Negligent Homicide
• Driving Under the Influence of Intoxicants (if three prior DUII
convictions in past 10 years)
• Riot
• Coercion
• Perjury
• Theft of Services - $750 or more
• Unauthorized Use of a Vehicle
• Possession of a Stolen Motor Vehicle
• Unlawful Use of Weapon
• Hit and Run (injury is less than “serious physical injury”)
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CLASSIFICATION OF MISDEMEANORS
CLASS A
First Degree:
• Criminal Trespass (of a dwelling)
Second Degree:
• Criminal Mischief (Damages exceed $100, or intent to damage
property)
• Failure to Appear
• Forgery (less than $750)
• Intimidation
• Theft ($50 to $750)
• Child Neglect
Third Degree:
• Sexual Abuse
• Escape
Fourth Degree:
• Assault
Unclassified:
. . . . Class A Misdemeanors Continued
• Possession of a Controlled Substance: Schedule III
• Assaulting a Public Safety Officer (mandatory 7 days in jail)
• Computer Crime
• Concealing Birth of Infant
• Contributing to the Sexual Delinquency of a Minor
• Criminal Trespass While in Possession of Firearm
• Driving Under the Influence of Intoxicants (if fewer than three DUII
convictions in past ten years)
• Driving While Suspended (if suspension is based on Reckless
Endangerment, Menacing, or Criminal Mischief resulting from
operation of a motor vehicle, refusal to take a breath test or breath test
resulting in any amount of blood alcohol content, Perjury, Reckless
Driving, or hit and run)
• Failure to Appear (for misdemeanor charge)
• Frequenting Place Where Controlled Substances are Used
• Hit and Run (resulting in property damage, not physical injury)
• Menacing
• Public Indecency
• Recklessly Endangering Another Person
• Reckless Burning
• Resisting Arrest
• Theft of Services ($50-$750)
• Unauthorized Departure
• Unlawful Possession of Firearm(s)
• Unlawful Purchase of Firearm(s)
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CLASS B
Unclassified:
• Carrying Concealed Weapon
• Disorderly Conduct
• Harassment
• Littering
• Tampering with Cable TV Equipment
• Telephone Harassment
• Manufacture or Delivery of Controlled Substances: Schedule IV
CLASS C
Second Degree:
• Criminal Trespass
Third Degree:
• Criminal Mischief
• Theft (under $50)
Unclassified:
• Misrepresentation of Age by Minor
• Offensive Littering
• Sexual Misconduct
• Theft of Services (under $50)
• Possession of Controlled Substances: Schedule IV
• Manufacture or Delivery of Controlled Substances: Schedule V
VIOLATIONS
• Possession of Controlled Substances: Schedule V
• Possession of Marijuana (under one ounce)
• Hazing
• Purchase or Possession of Liquor (under 21 years of age)
• Tobacco Possession by Minor
• Most traffic offenses
• Driving While Suspended
• Hit and Run (injury to domestic animal)
69
There are two basic categories of law which
involve the average citizen: criminal law and
civil law.
Civil Law: Civil law may involve
disagreements between two or more persons
regarding such things as divorce, personal
injury, employment, and violations of civil
rights. Civil law may also involve agreements
between persons regarding such things as
contracts or the purchase of real estate.
If you believe that someone is taking unfair
advantage of you or if you are in an
emotionally charged legal situation (for
example, a serious accident) you will probably
want to seek the assistance of a lawyer.
Criminal Law: Criminal law involves
activities which are a threat or cause damage
to society, to the government, to a person, or
to property. Crimes include, but are not
limited to: theft, murder, assault, rape,
trespass, burglary, vandalism, and arson.
You will need a lawyer if you have been
accused of committing a crime, even if you
did not commit the crime of which you are
accused.
If you are charged with a criminal offense,
ask the court to appoint you a lawyer. You
are entitled to a lawyer regardless of whether
your parent or guardian can pay. If you wish
to bring a civil lawsuit against someone,
where to seek legal assistance depends in
large part upon your ability or the ability of
your parent or guardian to pay for the
lawyer’s time in representing you. Some
lawyers will handle personal injury cases on a
contingent fee basis, which means that their
fee will be paid out of any settlement or
judgment proceeds they secure for you. You
will owe the lawyer for any costs advanced on
your case, but will not owe him or her fees for
time spent on the case unless you prevail or
settle. In some situations, a lawyer will work
for you at little or no charge. A number for
free or inexpensive legal services is listed in
the “Resources Section” of this Handbook.
The telephone book lists nearly all the local
lawyers in private practice, but does not
always indicate the area of law in which the
lawyer practices. You can contact the Oregon
State Bar Lawyer Referral Service to help you
locate a lawyer. See “Resources Section” of
this Handbook.
There are some things you will want to
know from, and about, the lawyer before he or
she starts to work on your problem.
• What is the fee? Will you or your parent
or guardian be billed by the hour or be
charged a flat fee for the service rendered?
Do you have to pay a down payment
(retainer)? Is this the type of case the
lawyer will take on a contingent fee basis?
• Has the lawyer handled similar cases? If
yes, ask for information about the results,
but realize that each case is different.
DECIDING ABOUT A LAWYER
DO YOU NEED A LAWYER?
IF YOU NEED A LAWYER,
HOW DO YOU FIND ONE?
HOW CAN YOU TELL IF YOU
HAVE THE RIGHT LAWYER?
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RESOURCES
Note: The blue pages in the phone book have phone numbers for additional government agencies and services.
AIDS INFORMATION
Cascade AIDS Project
620 S.W. 5th, Suite 300, Portland
503-223-5907
www.cascadeaids.org
M-F: 9:00 a.m.-5:00 p.m.
No age requirement. Must be HIV positive to receive services: financial assistance, short-term housing vouchers,
emergency rent assistance, rent subsidies, hotlines in English and Spanish, support groups, legal clinic, information and
referrals. Call or drop-in.
Oregon AIDS Hotline/Oregon HIV Advocacy
Center/Gay Resource Connection
Nationwide Spanish language AIDS information:
AIDS information and resources throughout
Oregon.
503-223-AIDS(2437);
1-800-777-(AIDS)2437;
1-800-344-SIDA (7432)
Orhotline@aol.com
M-F: 9:00 a.m.-6:00 p.m.
Sat.: Noon-6:00 p.m.
Roots and Branches
(through Network Community Counseling)
525 N.E. Oregon, Suite 220, Portland
intake: 503-231-3050
office: 503-238-0780
M-F : 9:00 a.m.-5:00 p.m.
M-F : 9:00 a.m.-5:00 p.m.
Counseling services for HIV infected youth as well as any gay, lesbian or bisexual youth. Case management for gay,
lesbian bisexual, transgender and questioning youth 13-17, living in Multnomah County and not involved with Juvenile
Justice or Oregon Services for Children and Families.
ALCOHOL & DRUG TREATMENT
Al-Anon/AlaTeen
1750 S.W. Skyline, Suite 133, Portland
503-292-1333
Al-Anonportlandoregon.org
M-F: 9:00 a.m.-5:00 p.m.
12 step recovery group for teens (12-19 year olds) who are friends and families of alcoholics. There is also a recovery
group for 6-12 year olds.
Alcoholics Anonymous/Narcotics Anonymous
1650 N.W. Front Ave., Suite 130, Portland
503-223-8569
www.portland-AA.org
7 days a week; 24 hours a day
Crisis line and referrals to A.A. meetings. Serves all ages.
American Lung Association
9320 S.W. Barbur Blvd., Portland
503-924-4094;
1-800-LUNG-USA
www.lungoregon.org
M-F: 8:30 a.m.-5:00 p.m.
Advice and counseling; stop smoking programs for smokers of all ages; patient support groups.
CODA (Comprehensive Options for Drug Abusers)
Walk-in clinic: 15 N.E. 11th, Portland
503-239-8400 M-F: 7:00 a.m.-8:00 p.m.
Walk-in and residential drug and alcohol treatment referral.
DePaul Youth Services
4411 N.E. Emerson, Portland
503-535-1181
www.depaultreatmentcenters.org
7 days a week; 24 hours a day
Residential and out-patient treatment for drugs and alcohol, serves kids 12-18 years old. Can self-refer or be referred by
agencies. Must have a drug and alcohol assessment. Youth under 14 need guardian's permission to receive day/outpatient
treatment. Youth under 16 need guardian's permission for residential/inpatient treatment.
71
Family Works
4110 N.E. 122nd, Suite 130, Portland
503-256-2330
familyworks@lcsnw.org
M-Th: 9:00 a.m.-8:00 p.m.
F: 9:00 a.m.-3:00 p.m
Free drug and alcohol treatment and education groups for teens, diversion program and family counseling in the mid-
Multnomah County area..
Oregon Council on Alcohol and Drug Abuse
Youthline: 503-244-1611;
24 Hour Line: 1-877-553-8336
www.orpartnership.org
M-F: 1:00 p.m.-10:00 p.m.
Teen peer counseling hotline on alcohol, drugs, and other teen issues.
Tualatin Valley Center Adolescent
4531 S.E. Belmont, Suite 300, Portland
503-234-3400 M-Tu 9:00 a.m.-8:00 p.m.
W-Th 9:00 a.m.-7:00 p.m.
F: 9:00 a.m.-4:00 p.m.
Drug and alcohol counseling; outpatient only. Court referrals for assessments, group information sessions, one-on-one
counseling. Sliding rates.
CHANGE/ STREET KIDS/ CASE MANAGEMENT
Council for Prostitution Alternatives/LOTUS
1811 N.E. 39th, Portland
503-282-1082
Case management, information and referral.
New Avenues for Youth
812 S.W. 10th Ave., Portland (Drop-In Center)
1-800-995-7936 or
503-224-4339
www.newavenues.org
M-F: 8:00 a.m.-5:00 p.m.
Drop-in: M-F 12:30 p.m. -8:30
p.m.
Case management, education, support groups, shelter referrals, crisis assistance, computer lab, internet access, meals,
clothing, laundry, showers, hygiene supplies. Ages 12-18.
Outside In
1132 S.W. 13th, Portland
Day Program:
Agency Reception
& Clinic: 503-223-4121
www.outsidein.org
M-F: 9:30 a.m.-2:00 p.m.
M, W: 10:00 a.m.-6:00 p.m.
Tu, Th, F: 9:00 a.m.-6:00 p.m.
Services for homeless youth under 21 referred by Greenhouse. Breakfast/lunch, employment resource center, telephone,
computer, service coordination, transitional housing, medical clinic, emergency medical housing, recreation and art
activities, AIDS prevention, Gay/Lesbian/Bisexual group.
The Salvation Army Greenhouse
820 S.W. Oak, Portland (Mail to 324 S.W. 9th)
503-239-1245 7 days a week; 24 hours a day
Drop in center; open 24 hours seven days week. Entry point for all services for homeless youth; screening and referrals.
Clothing giveaway every 3 days. Services available for clients under 21. Screening takes about 30 minutes. Services
include: food, laundry, recreation, youth employment training, chapel services, moms club.
Willamette Bridge/Janus Youth Programs
(Provide assistance getting off the streets)
Headquarters for the Willamette Bridge Programs
320 S.W. Stark, Suite 509, Portland
503-222-2662
www.jyp.org
Harry's Mother
3942 S.E. Hawthorne, Portland
503-233-8111
(collect calls accepted)
www.jyp.org
7 days a week; 24 hours a day
Office hours: M-F: 9:00 a.m.-
9:00 p.m.
Serving youth under 18. 24-hour crisis line; crisis shelter up to two weeks; family mediation; individual and family
counseling; case management; providing family respite housing for youth for up to four days to give family members time
apart before a runaway situation arises. All services free. Sells a comprehensive guide to Portland-area resources for kids.
72
Streetlights Youth Shelter
503-224-5988 7 days a week; 24 hours a day,
Reservations taken 3:00 p.m.-
6:00 p.m. daily
Primarily takes agency reservation to provide beds for kids in case management. Serves 13-20 year olds. No warrants or
run reports.
Porchlight
503-222-5933 8:45 p.m.-8:30 a.m.
Short term emergency shelter for youth not in case management. Access program through the list at Greenhouse.
Yellowbrick Road
503-222-2662, x 21 6:00 p.m.-10:00 p.m. nightly
Recruits kids on the street; links kids with crisis shelter and other resources, including first aid and hygiene.
Bridge House-Changes
503-238-1702 7 days a week; 24 hours a day
Independent living program providing case management and financial assistance to assist youth in successfully transitioning
from homelessness to stable housing. Non-adjudicated youth 16-20 who have or are willing to get legal employment
sufficient to maintain support independent living. Pregnant and parenting youth eligible. Can access the program directly
or through Greenhouse. Must be pursuing education.
CHILD ABUSE
Adult & Family Services Division (AFS)
Multnomah County
North Portland/Albina 503-280-6781
North Portland/St. Johns 503-240-5600
West Portland/Metro 503-731-8383
West Portland/Old Town 503-731-3336
Northeast Portland 503-280-6683
East Portland 503-257-4200
Southeast Portland
Gresham
Teen Parent Line
TTY (Hearing Impaired)
503-731-3181
503-491-1979
503-731-4793
503-280-6732
Clackamas County
Milwaukie 503-731-3400
Oregon City 503-657-2118
Washington County
Beaverton 503-646-9952
Hillsboro 503-693-1833
Tigard 503-670-9711
Child Abuse Hotline for Multnomah County
503-731-3100 7 days a week; 24 hours a day
Hotline reporting of abuse and neglect; referral.
Child Help USA National Child Abuse Hotline
1-800-422-4453
Parents Anonymous
503-452-4789
1-800-345-5044
www.users.qwest.net/
~anonymous
7:00 a.m.-11:00 p.m. daily
Provides emotional support, crisis intervention, referrals, support groups. Multi-lingual.
COUNSELING
Edgefield Children’s Service
2408 S.W. Halsey, Troutdale
503-665-0157 M-F: 8:00 a.m. – 4:30 p.m.
73
A program of Morrison Center Child and Family Services. Residential and day treatment school for 6-12 year olds with
emotional and/or emotional difficulties.
El Programa Hispano
451 N.W. 1st Street, Gresham 97030
503-669-8350 M-W: 9:00 a.m.-5:00 p.m.
Th: Appointment Only
Counseling, domestic violence information, housing, immigration, health issues. Hispanic gang specialist on staff. School
retention program, gangs outreach program, case management through Youth Investment System, summer recreational
activities, leadership skill building.
Multnomah County Crisis Line/Providence
Crisis Triage Center
5228 N.E. Hoyt, Building B, Portland 97213
503-215-7082
www.oregoncouseling.org/crisis/
CTC
7 days/week; 24 hours/day
Mental health crisis line; referrals; emergency psychiatric services.
Morrison Center
Central intake: 503-225-6499
www.morrisoncenter.org
M-F: 9:00 a.m.-4:30 p.m.
Individual, family and group therapy. Consultation and counseling for children with emotional or behavioral difficulties.
Specialize in area of child abuse, family/child assessment, treatment of families and attention deficit hyperactive disorder.
Children 14 years and up do not need parent’s consent. Must live in Multnomah County. Services are for individuals under
21. Services available at various locations in Portland.
Parry Center Counseling
503-234-9591
www.unitedway-
pdx.org/family/parry
M-F: 8:30 a.m.-5:00 p.m.
Outpatient services for children of all ages and their families. Support groups, individual family, and group counseling
(children and parents). Family support, in-home services, skill building, psychiatric evaluation, and medication
management. Information and referral. Youth ages 5-12.
Sexual Minority Youth Resource Center
(SMYRC)
2100 S.E. Belmont, Portland
503-872-9664
www.smyrc.com
M-F: 8:30 a.m.-5:30 p.m.
Individual, family, couple and group mental health counseling for sexual minority clients and their families. Information,
resources and referral. Youth support groups, HIV and addiction counseling and outreach. Individuals under 18 must have
parent/guardian sign consent for psychotherapy. Youth groups are on a drop-in basis and do not require consent.
YWCA
1111 S.W. 10th, Portland
503-294-7440
For males, females, and couples 18 or older. Crisis intervention and information referral; counseling center.
COURTS
Clackamas County Court:
Civil 503-655-8447
Juvenile Court 503-655-8342
Family Court Service 503-655-8415
Criminal 503-650-3076
Small Claims 503-655-8446
Clackamas County (Located in Oregon City)
District Attorney Office 503-655-8431
Public Defender Office 503-655-8679
Multnomah County Court:
Civil 503-988-3022
Juvenile Court 503-988-3460
Domestic Relations 503-988-3943
74
Criminal 503-988-3235
Civil Small Claims 503-988-3022
Multnomah County (Located in Portland)
District Attorney Office 503-988-3162
Multnomah Public Defender Office 503-226-3083 Traffic and DUII only; ask for lawyer on duty.
Metropolitan Public Defender 503-225-9100, local
All except DUII and traffic; ask for lawyer on duty.
Washington County Court:
Civil 503-846-8888
Juvenile Department 503-846-8861
General Taped Info. 503-846-8764
Washington County (Located in Hillsboro)
District Attorney Office 503-846-8671
Public Defender Office 503-640-3413
EDUCATION
Center for Self Enhancement, Inc.
Northeast Community and Family Center
3920 N Kerby, Portland
503-249-1721
www.selfenhancement.org
M-F: 8:30 a.m.-7:00 p.m.
Multnomah County Diversion Program, Hispanic Outreach, Common Bond child care after-school program, Youth
Investment Level 7 Services, Access office – information and services referral. Must be under 19. Some programs
have specific requirements.
Community Transitional School
531 S.E. 14th, Suite 222, Portland
503-249-8582
ctschool@aol.com
9:00 a.m.-7:00 p.m.
School for homeless children, will pick children up from shelters. Parent can bring student to school to enroll or get
registration from shelter. Serves breakfast, lunch and afternoon snack.
Job Corps Outreach, Admissions and Placement
1130 S.W. Morrison, Suite 525, Portland
503-326-6800;
1-877-410-0068
GED or high school diploma programs, vocational training in several occupations, job placement, ACT program for college
training, driver’s education, ESL classes, and parents’ programs including on-site day care. This is a long-term, primarily
residential program lasting 6 months to 2 years. Must be 16-24 years of age and low income. No age limit if disabled.
Oregon Council for Hispanic Advancement
108 N.W. 9th, Suite 201, Portland
www.ocha-nw.org Educ. Ctr.: M-F: 9:30 a.m.-
3:30 p.m.
AIDS education and prevention in Spanish, advocacy, job assistance, 8 month youth leadership development program,
personal development, retention program, alternative school (GED, life skills, career exploration). For youth programs,
people must be 16-20 years old and of Hispanic origin.
Oregon Literacy, Inc.
1001 S.W. 5
th
Ave., Suite 1010, Portland
503-244-3898
www.oregonliteracy.org
M-F: 8:30 a.m.- 5:00 p.m.
Free one-on-one tutoring service teaches reading, writing and math, GED preparation and ESL. English tutors for non-
English speakers. For adults or youth over 16 years old who have been released from school.
Oregon Outreach/McCoy Academy
3802 N.E. Martin Luther King, Portland
503-281-9597
M-F: 9:00 a.m.-5:00 p.m.
Junior high and high school programs for youths ages 11-21. Teen parent program, on-site alcohol and drug treatment
available for high school students.
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Portland OIC/Rosemary Anderson High School
717 N. Killingsworth Ct., Portland
503-735-1825 M-F: 8:00 a.m.-4:00 p.m.
School hours: M-F: 8:30 a.m.-
3:00 p.m.
Accredited alternative middle school and high school (6-12 grades), GED and vocational training. For ages 12-21.
The Salvation Army Greenhouse
820 S.W. Oak (Mail to 324 S.W. 9th), Portland
503-239-1245 M-F: 8:00 a.m.-4:30 p.m.
Alternative school which offers GED education programs. Youth can miss days or go temporarily without penalty. Free
breakfast and lunch while school is in session. Bus tickets available for students outside of fareless square.
Volunteer Literacy Tutoring Program
Portland Community College, Adult Skills Division
12000 S.W. 49th Ave., Portland
503-788-6111 M-F: 9:00 a.m.-2:00 p.m.
Individual tutoring in ESL, GED tutor, basic literacy, and basic math for students who are unable to attend regularly
scheduled free classes. Must be 18 years or older.
Youth Employment Institute
1704 N.E. 26th (at Broadway), Portland
503-280-1058
www.yei.org
M-F: 8:00 a.m.-5:00 p.m.
GED, vocational training, resume, job search skills and job placement. Must be between the ages of 16 and 21. Look under
EMPLOYMENT for additional YEI programs.
EMERGENCY SHELTER
Boys and Girls Aid Society
018 S.W. Boundary Court, Portland
503-222-9661;
1-877-932-2734
www.boysandgirlsaid.org
8:30 a.m. - 5:00 p.m.
7 days/week; 24 hours a day for
counselor or talk lines
Programs for child abuse victims, runaways, delinquents, emotionally disturbed youths and pregnant and parenting
teens and adoptive families. Family counseling for youth, 24 toll free talk lines regarding sexual issues and options
for young pregnant women.
Bradley-Angle House
P.O. Box 14694, Portland
Crisis Line: 503-281-2442
Shelter Office: 503-281-3540
www.bradleyangle.org
24 hours a day
24 hours a day
Domestic violence shelter for women over 18 (or under 18 with a child), crisis counseling, information and referral, support
groups for women and teen females involved in domestic or dating violence. Help with transitional housing once at shelter
or participating in support group.
Elizabeth House
447 N.E. 47
th
Ave., Suite 100, Portland
503-236-7235
info@catholiccharitiesoregon.com
Residential program (NOT a treatment program) for pregnant girls aged 14 to 22. Shelter for extended periods of time.
FREE food and transportation to and from hospital/doctor. Individual can stay for 6 months after birth of the baby for a low
cost. Individual must be in school or, if finished with high school, must have or be looking for a job.
Porchlight Emergency Youth Shelter
314 S.W. 9th Street
503-222-5933 Daily: 8:45 p.m.-8:30 a.m.
Drop in short term emergency shelter for youth ages 13-20.
Friendly House Community Service
1808 N.W. Irving, Portland
503-228-4335
Transitional housing for 5-7 months. Also case management and emergency services (food and clothing). Housing
specialist provides information on housing options in NW Portland. Servicing NW Portland homeless families who have
children, meet income criteria and are housing ready.
Youth Activity Program for 10-18 year olds
2617 N.W. Savier
503-228-4391
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Drop-in after school activities, including drumming, basketball.
1737 NW 26
th
V.O.A. Family Center
Family Center: 503-232-6562
Domestic Violence Outreach
Line: 503-771-5503
Outreach available 24 hours
Shelter location confidential
Shelter with mandatory case management (two months maximum stay at shelter). Support group for victims of domestic
violence, parenting support group, life skills group. Children’s program and support group. Available to teen moms and
women with children who are homeless or have experienced domestic violence. No women without children. No age
requirements, except no boys over age 10.
Domestic Violence Outreach: Latina advocacy program, domestic violence support in English and Spanish, help obtaining
restraining orders, Safe Spaces program for children who have witnessed domestic violence in English and Spanish
Winter Shelter Access Line
503-721-1500 24 hours a day;
Shelters operate Nov. 1- Mar. 1
Refers homeless families with children or pregnant women for up to 30 days; must accept case management services. Must
be Multnomah county residents. No children 17 & under without family unless emancipated minor. Three winter shelter
locations:
Goose Hollow (18th and Jefferson downtown Portland) -- must call before 7 p.m. and arrive at the shelter before 8 p.m.
Door of Hope (30 S.W. 2nd, Portland) – accepts admissions 24 hours/day. Men stay separate from women.
Common Cup (Sunnyside Church, 35
th
and Yamhill, Portland) – must call before 7 p.m. and arrive at the shelter before 8
p.m.
EMPLOYMENT
Portland Office of Oregon Bureau of Labor &
Industries, Wage & Hour Division
800 N.E. Oregon, Portland
503-731-4073, Press 2
www.boli.state.or.us, Click on
Hour & Wage division
M-F: 8:00 a.m. - 5:00 p.m.
Provides information on Wage Rate law, Annual Employment Certificate for Minors, Employment Discrimination,
Licensing for Farm Labor Contractors, etc.
State of Oregon Employment Department’s
Downtown Portland Office
1433 S.W. 6th Ave., Portland
503-731-4355
www.workinginoregon.org
M-F: 8:30 a.m. - 4:30 p.m.
(no phone calls 12-1:00 p.m. M-F)
Unemployment and job assistance. Summer youth job referrals for full and part time work.
Job Corps Outreach, Admissions and Placement
1130 S.W. Morrison, Suite 525, Portland
503-326-6800;
1-877-410-0068
www.jobcorps.org
M-F: 8:30 a.m. - 5:00 p.m.
GED or high school diploma programs, vocational training in several occupations, job placement, ACT program for college
training, driver’s education, ESL classes, and parents’ program including on-site day care. This is a long-term, primarily,
residential program lasting 6 months to 2 years. Must be 16-24 years of age and low income.
Oregon Bureau of Labor & Industries
800 N.E. Oregon, Portland
503-731-4200
www.boli.state.or.us
Work permit applications available.
Oregon Council for Hispanic Advancement
108 N.W. 9th Avenue, Suite 201, Portland
503-228-4131 (bilingual) M-F: 8:30 a.m.-5:00 p.m.
Programs in Spanish, advocacy, job assistance, 8 month youth leadership development program, personal development,
retention program, alternative school (GED, life skills, career exploration). For youth programs, people must be 16-20
years old and of Hispanic origin. Information and referral specialist for Latino kids 6-17 through Multnomah County.
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Outside In
1132 S.W. 13th, Portland
Day Program for Youthline:
503-535-3850
M-F: 9:30 a.m.-2:00 p.m.
Day Program: pre-employment program for youth 17-21 with GED tutoring; skill building, resume-writing, produce
quarterly newspaper and training in public speaking engagements.
Portland Impact
SE Family and Youth Service Center
4707 SE Hawthorne, Portland
503-988-6000
Pre-employment skills, help with job applications and resumes, preparation for interviews, job search. Serves youths up to
age 21.
Project Yes – Mount Hood Community College
26000 SE Stark, Gresham
503-491-7641 M-F: 8:00 a.m. - 5:00 p.m
GED and Job Readiness Classes: GED training and testing, pre-employment training, work experience, job placement,
support services. Provides bus tickets to and from. Serves low-income youth in Multnomah County, ages 16-21, who have
dropped out of school. Need documented proof of residency such as birth certificate (shelter OK).
Social Security Administration
1-800-772-1213, toll-free
(bilingual), press three for
locations
(Also see phone book or
website for locations)
www.ssa.gov
Information on obtaining a Social Security card, Social security benefits etc.
Youth Employment Institute
1704 N.E. 26th (at Broadway), Portland
503-280-1058
www.yei.org
M-F: 8:00 a.m. - 5:00 p.m.
GED preparation and testing, vocational training, resume, work readiness program, on site day care and teen parenting
program, job search skills, some job placements and referrals. Ages 16-21; summer work experience program for 14-16
year olds who are in school. Providing case management; help with job search. Offers a work experience program with
stipend. Career room with computers. Serves primarily low-income individuals.
GANGS
Gang Outreach Program
Eastwind
2408 S.W. Halsey Street Troutdale, OR 97060
503-491-3300 M-Th 9:00 am-9:00 pm
F 9:00 am-2:00 pm
Mentoring and tutoring programs for at-risk youth.
House of Umoja
1626 N.E. Alberta St., Portland
503-282-3296
Residential program, outreach, daily group sessions, social activities for at-risk African-American males ages 11-15.
Portland Youth Redirection/Emanuel
Community Services
5034 N. Missouri, Portland
503-281-0355 M-F: 8:00 a.m. - 5:00 p.m.
Programs for gang-affected youth, age 13-18. Individual and group counseling activities, support for school and court
involvement. Also Embrace program for adults on parole.
Youth Gangs Program
N.E. Neighborhoods Office
King Neighborhood Facility
4815 N.E. 7th (between Prescott & Alberta),
Portland
503-823-4575 M-F: 9:00 a.m. - 5:00 p.m.
Information, rumor control. Confidential sharing of information on gangs and their operation.
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GENERAL INFORMATION
Oregon Vital Records
800 NE Oregon, Suite 205, Portland
Mailing address: Vital Records, P.O. Box 14050
Portland, Oregon 97293
503-731-4108 (to order by
phone); 503-731-4095 (recorded
message, to order by mail)
www.oshd.org, and click Vital
Records in the dropdown box.
Information on how to get a certified copy of birth certificates, death certificates, marriage and divorce records, minor name
corrections, addition of names.
For birth, death, marriage and divorce records, call the general number at 503-731-4108.
For paternity issues, call 503-731-4495.
For name changes for persons under the age of 1, call 503-731-4426.
For name changes for persons over the age of 1, call 503-731-4268.
Department of Transportation
Driver and Motor Vehicle Services
503-945-5000;
503-299-9999
Hours vary by location. Call for
specific hours for each facility.
Secretary of State
1-503-986-1518
Information on voting. Contact local county offices to register to vote.
Selective Service
1-847-688-6888;
1-888-655-1825 (toll free)
www.sss.gov
Information also available at any
United States Post Office.
Information on selective service registration, proof of registration and notification of change of address. Applies to all male
U.S. citizens and male aliens residing in the U.S.
Selective Service National Headquarters:
1515 Wilson Blvd. Suite 400
Arlington, VA 22209
1-703-605-4000
M-F: 8:00 a.m. - 4:30 p.m. EST
To obtain copies of news releases, brochures, annual reports, fact sheets or other informational materials about the Selective
Service.
Social Security Administration
1-800-772-1213 (bilingual)
(see phone book or www.ssa.gov
for locations)
HEALTH-RELATED ISSUES
Multnomah County Health Department
Information & Referral
503-248-3816 M-F: 8:00 a.m.-5:00 p.m.
Referral to clinics and community health resources for medical care. Dental referrals for low income. Information on
medical assistance, food stamps, and general assistance.
Oregon SafeNet—State’s Maternal and Child
Health Information Line
1-800-723-3638 M-F 8:00 a.m.-5:00 p.m.
Makes referrals for women and children’s health issues, routine and urgent medical care, immunization, WIC, pregnancy
and family planning, testing for sexually transmitted diseases, food stamps, etc.
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Outside In
1132 S.W. 13th, Portland
503-223-4121
www.outsidein.org
Clinic open for appointments
T-F 9:00am-6:00pm. Call for
appointment. Walk-ins also
available.
Walk in clinic free to homeless youth under 21, sliding scale for all others, low cost medication & lab tests, no insurance
billing. Naturopathic, medical and acupuncture care available as well as chiropractic and dental services.
Planned Parenthood of the
Columbia/Willamette—Clinics
www.ppcw.org (Call for individual clinic hours
and addresses)
Reproductive health care and family planning services for men and women; charges on sliding scale.
Southeast Clinic
Northeast Clinic
Beaverton Clinic
Gresham Clinic
503-775-0861
503-288-8826
503-646-8222
503-666-6680
Poison Control Center
503-494-8968 or
1-800-452-7165 (outside
Portland area)
Available 24 hours
First aid information for poisonings and toxic substances. Referral for treatment.
Multnomah County Sexually Transmitted
Disease Clinic
426 S.W. Stark, 6th Floor
503-248-3700
For HIV testing only, call 503-
988-3775
M,T,Th,F 9:00 a.m. - 5:00 p.m.
W: 1:00 p.m. - 5:00 p.m.
Confidential family planning services for adolescents; STD screening and treatment; HIV screening and treatment. All
charges on sliding scale. By appointment and walk-ins accepted.
Health Info Line
1-800-998-9825 M-F: 8:00 a.m. - 5:00 p.m
General health care information and referrals, including drug and alcohol treatment, reproductive health care, pregnancy
testing.
IMMIGRATION
Centro De Servicios, Para Campesinos
Northwest Treeplanters and Farmworkers
United (PCUN), Farmworker Service Center
300 Young Street, Woodburn, OR 97071
503-982-0243
www.pcun.org
Farmworkerunion@pcun.org
Helps with family visa cases for PCUN union members. Also provides income tax orientation and assistance, basic legal
information and referral, advocacy on consumer and government agency matters for union members.
Immigration Counseling Service
31 S.W. 4th Avenue, Suite 700 Portland, OR 97204
503-221-1689 M-F: 9:00 a.m. - 5:00 p.m.;
closed noon-1:00 p.m. for lunch
(Please call for appointment)
Family visa cases, deportation defense, assists victims of domestic violence who have been abused by a U.S. citizen or
permanent resident spouse in obtaining lawful immigration status in the U.S.
Lutheran Community Services Northwest
605 S.E. 39th, Portland, OR 97214
503-231-7480
www.lcsnw.org
M-Th: 8:30 a.m. - 5:00 p.m.
F: 8:30 a.m. - 4:30 p.m.
Mental health counseling and refugee services for people who have been in the U.S. less than 8 months and have signed up
through the program.
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LEGAL
American Civil Liberties Union (ACLU) of
Oregon
310 S.W. Fourth, Suite 705, Portland
503-227-3186
www.aclu-or.org
Defends individual civil rights by lobbying at the state level on various issues. No legal advice is given; however,
information and referrals are available.
Bias Crime Unit of Portland Police
Call 911 for emergencies;
For non-emergencies, call 503-
823-3333
Call if you feel you have been a victim of any type of bias motivated crime in Portland, including anti-gay hate crimes.
Civil Rights Division
(Oregon Bureau of Labor and Industries)
800 NE Oregon Street # 32, Suite 1070, Portland
503-731-4075
www.boli.state.or.us; Click on
Civil Rights
M-F: 8:00 a.m.-5:00 p.m.
Investigates and mediates discrimination complaints in employment, housing, public accommodations & career schools.
Incident must occur in Oregon. Handles discrimination on basis of race, religion, sex, age, disability.
Clackamas County District Attorney Office
County Courthouse, Room 7, Oregon City
503-655-8431
Clackamas County Indigent Defense
(Located in Oregon City)
503-655-8679 Appoints defense attorneys for
indigent clients.
Multnomah County District Attorney Office
(Located in Portland)
503-988-3162
www.co.multnomah.or.us/da
Multnomah Defenders Inc.
(Located in Portland)
503-226-3083
Handles misdemeanors and
juvenile cases, including DUI;
ask for lawyer on duty
Metropolitan Public Defender
503-225-9100 (local)
503-326-2123 (federal)
Handles mostly felonies—All
except DUII and traffic; ask for
lawyer on duty
Washington County District Attorney Office
(Located in Hillsboro)
503-846-8671
Washington County Public Defender Office
(Located in Hillsboro)
503-640-3413
Fair Housing Council of Oregon
1-800-424-3247
Outreach, education and enforcement in the area of housing discrimination. Tests for discrimination, refers to attorneys or
files complaints in its name on your behalf. Must live in Oregon or Clark County, Washington.
The Salvation Army Greenhouse Project
820 SW Oak Street, Portland
503-239-1245
A volunteer lawyer is available to give legal advice to homeless youth on the first and third Tuesday of each month from
6:30 to 8:30 pm.
Juvenile Rights Project
503-232-2540 M-F: 8:00 a.m. - 5:00 p.m
(closed noon-1:00)
Law firm staffed by court-appointed attorneys—handle delinquency and dependency matters for youth. Legal advice line
and referrals.
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Lewis and Clark Legal Clinic
310 SW 4th Ave., Suite 1018, Portland
503-768-6500 M-F: 9:00 a.m. - 5:00 p.m
generally.
Help with Chapter 7 bankruptcy, IRS tax issues, restraining orders, custody, landlord/tenant, unemployment compensation.
May handle some other matters—call for information. Multnomah County residents only; must have appointment.
Lawyer Referral & Information Service
Oregon State Bar, 5200 S.W. Meadows Rd., Lake
Oswego
1-800-452-8260;
503-684-3763
Referral to lawyers. Problem-solvers program for youth ages 11-17.
Metropolitan Human Rights Center
1221 SW 4th, Room 110, Portland
503-823-5136 M-F: 8:00 a.m. - 5:00 p.m.
Monitors and documents discrimination complaints in housing, employment, education, public accommodation, and the
criminal justice system. Information and referral. Extensive database with lots of information on youth services, specific
agencies, categories or services.
Multnomah County Legal Aid Services
700 SW Taylor, Suite 300, Portland
503-224-4086 M-F: 9:00 a.m.-5:00 p.m.
Legal representation in family law, landlord, tenant and public benefits/welfare cases. Must live in Multnomah County or
have case pending in county. No juvenile cases. Must be below the federal poverty line.
Oregon Advocacy Center
620 S.W. Fifth #500
503-243-2081
www.oradvocacy.org
M-F: 9:00 a.m. - 12:00 p.m.
1:00 p.m. - 5:00 p.m.
Representations for low-income individuals with disabilities in situations directly related to their disability.
Oregon Law Center (OLC)
813 S.W. Alder, Suite 500, Portland
1-800-898-5594;
503-295-2760
Information and referrals for immigration issues.
Outside In
1132 S.W. 13th, Portland
503-223-4121
www.outsidein.org
E-mail: info@outsidein.org
Volunteer lawyers assist homeless youth on legal matters. Call or e-mail for hours.
Tel-Law (4 languages) 503-620-3000
www.osbar.org
Taped messages on legal issues, lawyer referral, family law, business law, bankruptcy, consumer law, courts, criminal law,
employment, insurance, estate law, teens and other issues.
Victims Assistance Multnomah County
1021 SW 4th Ave., Room 804, Portland
503-988-3222 M-F: 8:00 a.m.-- 5:00 p.m.
Assists victims of crimes with short-term crisis intervention, agency referral, property return and status of investigation,
information, accompanies victims to court, advocates provide support for victims of sexual assault, gang violence, hate
crimes and domestic violence.
Legal Aid Services of Oregon Public Benefits
Hotline (bilingual)
700 SW Taylor, Suite 300, Portland
503-241-4111 M, F: 9:00 - 11:00 a.m
T,Th: 1:00 p.m. - 3:30 p.m.
W: 9:00-noon, 1:00-4:00 p.m.
Advice, negotiation assistance and flyers regarding welfare rights, food stamps, Medicaid and child support through adult
and family services. Self help newsletter. Legal representation on welfare or child support issues.
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YOUTH SERVICE CENTERS
Family Works
12630 SE Stark, Building J, Portland
503-256-2330 M-F: 9:00 a.m. - 8:00 p.m.
Services for teens including: teen parenting; Youth Investment for at risk kids; counseling; self esteem groups; Nurturing
Families program for parents and their children ages 0-5; drug and alcohol treatment and education.
North Portland Youth & Family Center
5139 N. Lombard, Portland
503-285-0627 M, F: 9:30 a.m. - 5:00 p.m.
T, Th: 9:30 a.m. - 8:00 p.m.
Youth Investment Program—working with kids 13-17 living in difficult living situations; Parent/Child Development
Services—Together a Great Start for Families, playgroups for families with kids 0-5 yrs.; GIFT— working with young
women in difficult, gang-involved or gang-affected situations, accepts adjudicated young women; Truancy Diversion
Project— for kids K-8, partnering with Juvenile Justice & Portland Police; Connections/Young Moms Program—teen
parent program for girls not in a school program.
Youth Opportunity (YO)
3034 NE MLK, Portland
(503) 528-3050
Provides a wide range of resources, including job training, summer activities, career seminars, and skill building groups for
ages 14-21. Some training involves stipends.
Oregon Youth Authority
530 Center Street NE, Suite 200, Salem
(503)373-7205
www.oya.state.or.us
Provides comprehensive reformation programs for youth offenders and at risk youth, including Work/Study camps
which continue treatment after release from secure juvenile offender facilities, education and opportunities to work
on community service projects and psychiatric or psychological evaluations and treatment.
83
GLOSSARY
Adjudicate in Juvenile Court, trial to determine whether one is guilty or not guilty of the charges contained in a petition.
Allege, to declare to be true; to assert a fact.
Amend, to change an existing law or a legal document.
Arrest, place a person under restraint (actual or constructive) or to take person into custody for purposes of charging that person
with an offense. A “stop” is not an arrest. An “arrest” can be made by a police officer (with or without a warrant), a federal
officer, or a private person.
Bail, money exchanged for the release of a person from jail to insure the person appears at trial. Not available in juvenile court.
Ballot Measure 11 - A sentencing law providing for very long minimum prison sentences for certain crimes. It applies to
persons age 15 and older.
Beyond a reasonable doubt, in order to find a person guilty of a delinquent act, the state (district attorney) must show evidence
that makes a judge or jury almost absolutely certain that the person did what she or he is accused of doing. Merely believing that
it is more likely than not that the person is guilty is not enough.
Charge, a formal statement accusing a person of committing a specific offense.
Consent, voluntary agreement; permission.
Controlled Substance, drugs which are strictly regulated and classified.
Conviction, the finding by a judge or jury that an adult is guilty of a crime.
Correction, associated with a process that provides punishment, supervision, and/or rehabilitation of convicted offenders.
Counselor, someone who advises or guides.
Crime, an act which is against the law, and for which imprisonment (detention) can be imposed upon conviction.
Cross-examination, a lawyer’s questioning of a witness by a party or lawyer other than the one who called the witness.
Custody, (a) the right or duty of caring for or guarding a juvenile; (b) the state of being detained, restrained, or held under guard,
most often by the police pursuant to an arrest or court order. Custody does not include detention in a correctional facility,
juvenile facility, or a state hospital.
Damages, injury or loss caused to property or person; also money awarded to someone who has been injured by the action of
another.
Delinquency, conduct by a juvenile which violates a criminal law.
Deliver, actual, constructive, or attempted transfer (other than by administering or dispensing) from one person to another of a
controlled substance.
Deviate Sexual Intercourse, sexual conduct between persons consisting of contact with the sex organs of one person and mouth
or anus of another.
Direct-examination, the initial questioning of a witness by the party who called the witness.
Disposition, a decision made by the juvenile court which directs a course of action for someone; a sentence from the juvenile
court.
Diversion, the directing of a case away from the juvenile court to a non-judicial community resource, such as a counseling
program.
84
Drug (illegal), a chemical substance which is obtained without a valid prescription.
Due process of law, procedures that the state (judge, district attorney, school) must follow when it decides to punish you or take
something away from you; designed to make sure the decision is a fair one.
Emancipation, a process spelled out by state law, by which a juvenile can obtain most of the rights and responsibilities of an
adult.
Evidence, any statements, testimony of witnesses, documents, or objects used in a court to help decide the truth of a matter.
Expelled, dismissed from school by a school official for a period of time longer than 10 days.
Expunge, to destroy or seal a juvenile court or criminal record.
Felony, a criminal offense for which a person may be incarcerated for more than a year. See the “Criminal Laws and
Punishments Section” and the Charts at the end of that section.
Frisk, patting of a person’s outer clothing.
Guardian, a person legally appointed by the court as a guardian of a minor.
Habeas Corpus, a legal procedure by which a prisoner is brought before a court to determine the legality of his or her detention.
Hearing, a proceeding in which a judge, referee, government official, or school official hears evidence for the purpose of
determining an issue of fact and reaching a decision.
Inalienable right, a fundamental right which cannot be legally taken away without a person’s consent.
Incarcerate, to place in secure custody, like a prison, jail, or training school.
Indigent, a poor person.
Intentional or with intent, acting with knowledge and desire to cause the result or engage in the conduct described by the
statute.
Judicial, related to a court of justice, any proceeding in that court, or to a judge.
Jurisdiction, the authority or power of a court.
Juvenile, a person under the age of 18.
Knowingly or with knowledge, means a person acts with an awareness of his or her conduct.
Lawyer, a person who has been licensed by the Oregon State Bar to practice law.
Manufacture, the production, preparation, propagation, compounding, conversion, or processing of a controlled substance either
from extraction from natural substances, by means of a chemical process, or a combination of the two: including packaging,
repackaging, labeling or re-labeling its container.
Minor, an unmarried juvenile; generally used interchangeably with juvenile.
Misdemeanor, a less serious offense than a felony. See the “Criminal Law and Punishments Section” and the Charts at the end
of that section.
Oath, a promise to tell the truth in court. Telling a lie in court is a crime called perjury.
ORS (Oregon Revised Statutes), the laws of the State of Oregon (available in all public libraries).
Offense, an act or conduct committed or engaged in that is in violation of the law.
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Ordinance, a law of a city or a county.
Parole, the release of an offender from a jail or prison before the sentence is up, on the condition of good behavior.
Party, the legal term refers to any person taking part in a particular proceeding or process.
Petition, a document filed in juvenile court asking the court to assume jurisdiction over a juvenile because she or he is
delinquent, a status offender, or a dependent child.
Possession, having, holding, owning, or having within your reach.
Privileged information, the law allows private personal communication with certain types of persons (such as doctors, lawyers
or ministers) to be kept secret.
Probable Cause, the standard used by police and judges in determining the legality of an arrest or search; good reason to believe
that, more likely than not, a crime has been committed and that the person who was arrested or searched was the one who
committed it.
Proceedings, formal meetings or activities of an established organization, such as a court, school, or government agency.
Prosecution, charging someone with breaking the law. The district attorney is the prosecuting attorney for the State.
Public Assistance Aid, usually money, given to poor persons by the government.
Reasonable Cause, less sure than probable cause but more than just a guess or hunch, considering all the circumstances.
Recklessly, a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur.
Referee, a person designated by a juvenile court judge to carry out a judicial function, such as conducting a hearing.
Rehabilitation, the process of helping an individual who has broken the law to learn more acceptable ways of behaving.
Remand, to transfer a juvenile case to adult court.
Repeal, to do away with an existing law.
Restitution, the act of paying someone back for a loss or injury, with money or working off the debt.
Rights, legal claims; for example: The U.S. Constitution guarantees that all persons in the U.S. may speak freely, thus you have
a right to free speech. These rights are not absolute.
Sexual Intercourse, in criminal law, it occurs upon any penetration of the penis into the vagina, however slight; ejaculation is
not required.
Shelter care, a home or community facility which provides temporary care for young persons.
State Office of Services for Children & Families (SOSCF), a state agency whose duty is to protect children.
Status Offense, an act or conduct which is only an offense when done by a juvenile, for example, running away.
Stop, temporary restraint of a person’s liberty by a peace officer lawfully present.
Subpoena, a written order requiring a person to appear in court to testify under oath.
Sue, to bring a legal action (lawsuit) against somebody.
Suspend (from school), to temporarily expel from school for up to ten school days.
Testify, to make a statement under oath in a court of law.
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Truant, absent from school without excuse.
Violation, an offense punishable only by a fine. See the “Criminal Law and Punishments Section” and the Charts at the end of
the section.
Waive, to give up or forego a right by free choice.
Weapon, any object capable of causing injury to a person.
Witness, someone who has seen or heard something; someone who testifies
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