Juvenile Abuse, Dependency & Delinquency

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Abuse

Mandatory Reporting - 419B.010 (Duty of officials to report child abuse)

Any public or private official having reasonable cause to believe that any child they've come in contact has suffered abuse or that any person they've come into contact has abused a child must immediately report or cause a report to be made as required by 419B.015. Failure to report is a Class A Violation

Abuse Report Form and Content - 419B.015 (Report form and content)

A person making a report of child abuse will make an oral report by telephone or otherwise to:

The local DHS office,
The DHS designee or
A LEA in the county where the reporter is located at the time of the contact.

The report will contain, if known:

The names and addresses of:

The child
The child's parents or anyone responsible for the child's

The child's age
The nature and extent of the abuse, including any evidence of previous abuse
The explanation given for the abuse and
Any other information the reporter believes might be helpful in establishing the cause of the abuse & the identity of the perpetrator

Abuse involving a school - 419B.019 (Investigation of report involving school)

DHS or LEA receiving the report will immediately:

Start an investigation per 419B.020 if receiving a report of abuse involving a child & someone who is a school employee, contractor, agent or volunteer.

Within three (3) business days of receiving a report or notification of a report DHS will notify:

The Teacher Standards and Practices Commission, if DHS believes the school employee, contractor, agent or volunteer is licensed or registered by the commission or
The Department of Education, if DHS believes the report of suspected abuse:

Occurred in a school or was related to a school sponsored activity ^*OR^
Involves a child and a person who is a school employee, contractor, agent or volunteer

Duty when Receiving a Report of Abuse - 419B.020 (Duty of DHS or law enforcement agency receiving report)

DHS or LEA receiving the report will immediately:

Start an investigation to determine the nature & cause of the abuse

DHS will ensure the investigation is completed if the report is not investigated by a LEA

Notify:

The Office of Child Care if the alleged abuse occurred in a child care facility
The Department of Education if the alleged abuse occurred in a school or was related to a school-sponsored activity

If the alleged abuse occurred at a child care facility, in a school or was related to a school sponsored activity DHS and the involved LEA:

Will jointly determine their roles & responsibilities in their respective investigations and
Will each report the outcomes of their investigations to the Office of Child Care or to the Department of Education.

If investigating LEA finds reasonable cause of child abuse:

LEA will notify local DHS office by oral report followed by a written report
DHS will provide protective social services of its own or of other available social agencies if necessary to prevent further abuses to the child or to safeguard the child's welfare

When a child is taken into protective custody by DHS or a law enforcement official:

If possible reasonable efforts will be made to advise the parents or guardian immediately, regardless of the time of day:

That the child has been taken into custody
The reasons the child has been taken into custody
General information about the child's placement
The telephone number of the local office of the department
Any after-hours telephone numbers.

Notice may be given by any means reasonably certain of notifying the parents or guardian,
If the initial notification is not in writing, provide the information required above to the parents or guardian in writing as soon as possible.
If reasonable cause to believe child has been affected by sexual abuse and rape of a child and that physical evidence of the abuse exists and is likely to disappear:

The court may authorise a physical examination for the purposes of preserving evidence if the court finds that it is in the best interest of the child to have such an examination.
A minor child of 12 years of age or older may refuse to consent to the examination. The examination will be conducted by or under the supervision of a physician, a physician assistant, or a nurse practitioner whenever practicable, trained in conducting such examinations.

Duties of an Investigator - 419B.023 (Duties of person conducting investigation under ORS 419B.020)

Suspicious physical injury to a child includes but is not limited to:

Burns or scalds
Extensive bruising or abrasions on any part of the body
Bruising, swelling or abrasions on the head, neck, or face
Fractures of any bone in a child under the age of three
Multiple fractures in a child of any age
Dislocations, soft tissue swelling or moderate to severe cuts
Loss of the ability to walk or move normally according to the child’s developmental ability
Unconsciousness or difficulty maintaining consciousness
Multiple injuries of different types
Injuries causing serious or protracted disfigurement or loss of impairment of the function of any bodily organ
Any other injury that threatens the well-being of a child

When investigating child abuse under 419B.020 and:

Each time suspicious physical injury is observed by DHS or law enforcement personnel
During the investigation of a new allegation of abuse or
If the injury was not previously observed by an investigator under 419B.020 and
Regardless of whether the child has previously been photographed or assessed during an investigation of an abuse allegation

Perform the following steps:

Immediately photograph suspicious physical injuries – NO EXEMPTONS (419B.023(2))

Take photographs each time suspicious physical injury observed during investigation of new abuse allegation or if injury was not previously observed under 419B.020
Within 48 hours or by the end of the next regular business day:

Provide prints/digital copies of photos to Designated Medical Professional (DMP) described in 418.747(9) - 419B.028(2)(a)
Place hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format in any relevant files pertaining to the child maintained by the law enforcement agency or the department - 419B.028(2)(b)

Anogenital injuries must be photographed by medical personnel 419B.028(1),

Ensure that a DMP conducts a medical assessment within 48 hours, or sooner if dictated by the child's medical needs.

If, after a reasonable effort unable to have the child seen by the DMP, the child MUST be seen by any available physician, physician assistant, or nurse practitioner.
If is not evaluated by a DMP, the health care provider doing the evaluation will make available to the DMP for consultation within 72 hours following evaluation of the child:

Photographs,
Clinical notes,
Diagnostic and testing results
Any other relevant materials

The person conducting the medical assessment may consult with and obtain records from the child's health care provider

If appropriate, take the child into protective custody,

May do so without a court order, only for the period of time necessary to ensure compliance with the above requirements

Investigations Conducted on School Premises (419B.45)

DHS or a LEA has the authority to conduct an investigation, on school premises
Adequate identification must be provided to school staff members
The school administrator will first be notified that an investigation is to take place, unless they are a subject of the investigation
School staff members will cooperate with the investigation by, at a minimum:

Allowing access to the child who is the suspected victim in the report of child abuse and
Providing a private space in which to conduct an interview of the child

Investigators do not have to reveal information about the investigation to the school as a condition of conducting the investigation
At the investigator's discretion, the school administrator or a school staff member designated by the administrator may be present to facilitate the investigation
A school administrator or a school staff member will advise an investigator of the child's disabling conditions, if any, prior to any interview with the child
A school administrator or school staff member may not notify any person, other than DHS or the LEA and any school employee necessary to enable the investigation, of an investigation and may not disclose any information obtained during an investigation
Information obtained during an investigation is not part of the child's school records

Required Investigation Findings (419B.26)

An investigation conducted under 419B.020 must conclude in one of the following findings:

The report of child abuse is founded
The report of child abuse is unfounded or
The report of child abuse cannot be determined

Child Abuse Intervention Model

Karly's Law Text

Dependency

Where the child is a runaway, an imminent danger to self or others or removed from the home because of circumstances of the child, or child’s living situation. Examples: physical/sexual abuse, dirty house, lack of medical care, exposure to drugs/drug activity, no available parent. To prove in court, need preponderance of evidence (50.1%)

Protective Custody

Protective custody is NOT used when a crime is committed by a juvenile

Protective custody is not an arrest
Officer has same privileges/immunities as when making an arrest
Juvenile court jurisdiction attaches at time child taken into custody
To prove in court need preponderance of the evidence (50.1%)

When Authorised

Without a court order only when (419B.150(3), 419B.152):

There's imminent threat of severe harm to the child
The child poses imminent threat of severe harm to self or others
There's an imminent threat that child’s parent or guardian will cause child to be beyond the reach of juvenile court before the court can order child be taken into protective custody
There's reason to know that child is an Indian child, then only if it's necessary to prevent imminent physical damage or harm to the child.
if it reasonably appears that a child is a runaway

With a court order when it can be articulated why it's (419B.150(4)):

Necessary & the least restrictive means available to:

Protect the child from abuse;
Prevent the child from inflicting harm on self or others;
Ensure that the child remains within the reach of the juvenile court to :

Protect the child from abuse OR
Prevent the child from inflicting harm on self or others OR

If DHS knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child AND

In the best interests of the child.

By Who

Peace officer
Counselor
DHS employee
Other person authorised by the Juvenile Court

Procedure

No detention (419B.160(1))

A child or ward taken into protective custody may not be placed in detention
A child or ward may not be held at any time in a jail, prison or other place where adults are held,
a child or ward may be held in a police station for up to five (5) hours when necessary to obtain their name, age, residence and other identifying information

Notification:

As soon as practicable after the child is taken into protective custody notify the childs parent, guardian or other person responsible for the child.
The notification will inform the parent, guardian or other person of the action taken & the time and place of the hearing (419B.160(3))
Promptly notify the juvenile court or counsellor of all children taken into protective custody (419B.160(2))

If a protective custody order is required per 419B.150(4):

Deliver to the juvenile court a declaration describing why protective custody is required
At the applicant's request, instead of the declaration, the judge may take an oral statement under oath.

Must record and retain a copy of the statement.
The recording constitutes a declaration required by 419B.150(4)

The court may provide an electronic copy of the signed order

Keep a record of all children taken into protective custody (419B.160(2))

Disposition (Not a Runway):

If not a runaway matter attempt calling DHS at the scene to take the child into protective custody

Able to release the child (419B.165):

Release to the custody of a parent, guardian or other responsible person in the state unless:

The court has ordered the child be taken in to protective custody
There's probable cause the welfare of the child or others may be immediately endangered by releasing the child

Prior to releasing a child to the custody of a noncustodial parent, request DHS to conduct a criminal records check on:

The noncustodial parent and
all adults in the same home as the noncustodial parent

Unable to release the child (419B.168):

If the child resides in county:

Take the child before the court or a person appointed by the court to effect disposition under paragraph (A)
Take the child to a shelter care or a public or private agency designated by the court . As soon as possible notify the court that the child has been taken into protective custody.
Use the Juvenile Court's alternative procedure if one's defined (419B.168(4))

If the child resides out of county

Release to the child's parent or other responsible person in the state as provided in paragraph (A)
Contact the home county and deliver the child to a peace officer or juvenile counsellor there, if such delivery can be made without unnecessary delay.

Runaway Child (419B.152)

May take a child into protective custody if it reasonably appears the child is a runaway
When a child is taken into protective custody as a runaway:

Release the child without unnecessary delay to the custody of the child's parent or guardian or to a shelter care facility designated by the juvenile court OR
Follow the procedures described in section on 'Procedures' above
If possible, determine the preferences of the child & their parent or guardian to see if the best interests of the child are better served by placement in a shelter care facility or by release to the child's parent or guardian AND
if it reasonably appears that the child won't willingly remain at home if released to a parent or guardian, release the child to a shelter care facility designated by the juvenile court

Apply for a protective custody order, by submitting a declaration setting forth why protective custody is:

Necessary & the least restrictive means available to:

Protect the child from abuse
Prevent the child from inflicting harm on self or others
Ensure that the child remains within the reach of the juvenile court to:

Protect the child from abuse or
Prevent the child from inflicting harm on self or others OR

If DHS knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child.

In the best interests of the child.

Out of state runaway: if the court determines that a child or ward is an out-of-state runaway, it may place the child in a placement that it determines to be the least restrictive setting, including detention, necessary to ensure that the child is not a danger to self or others pending the return to the child's home state (419B.121)

Required Report Contents (419B.171)

The child's name, age and address
The name and address of the person having legal or physical custody of the child
Efforts to notify the person having legal or physical custody of the child and the results of those efforts
Reasons for and circumstances under which the child was taken into protective custody
If the child is not taken to court, the placement of the child.
If the child was not released, why not
if the child is not taken to court, why the type of placement was chosen
Efforts to determine whether the child or the parents have any Indian heritage and the results of those efforts.

If the child is an Indian child, the placement of the child will be according to the preferences and criteria set out in the Indian Child Welfare Act

Delinquency

Purpose is to protect the public & reduce juvenile delinquency. General definition: youths generally over 12 and up to and including 17 who commit crimes. Delinquency cases are juvenile criminal cases

Jurisdiction (419C.005)

The juvenile court has exclusive jurisdiction in all cases involving someone under 18 who has committed an act that is a violation, or an act that if committed by an adult would constitute a violation of a federal, state or county law or ordinance
Measure 11 crimes are an exception to the above
The juvenile court has no jurisdiction over an emancipated you
The juvenile court's jurisdiction continues until:

The court dismisses the petition
The court transfers the case
The court orders termination of jurisdiction
The youth reaches 25, or
The court places the youth under the jurisdiction of the Psychiatric Security Review Board

Cite in Lieu of Custody (419C.085)

In lieu of taking a youth into custody, a peace officer may issue a citation for the same offences and under the same circumstances that a citation may be issued to an adult.
Unless the citation is issued for violation of law or ordinance which has been waived by the juvenile court - see 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) - the citation is returnable to the juvenile court of the county in which the citation is issued
Note that a court date and time is not entered on the citation. The Juvenile court with contact the youth with a date and time

Fingerprints/Photos (419A.250)

Youth or child may be photographed and fingerprinted by LEA:

Pursuant to a search warrant
According to laws concerning adults if the youth has been transferred to criminal court for prosecution
On consent of both the subject and their parent after advice that they're not required to give consent
Order of the Court
On the request or consent of the parent if the child is less than 10, and the LEA delivers the original photographs or fingerprints to the parent and does not make or retain any copies them
Anytime a LEA takes a youth into custody under 419C.080, it will photograph & fingerprint the youth
Once a youth is within jurisdiction of court (disposition, i.e. sentencing)

Storage:

Must be kept separate from those of adults
Those of children:

May be maintained on a local basis only and
May NOT be sent to a central state or federal depository

Those of youths and youth offenders:

Must be sent to a central state depository in the same was as fingerprint and photograph files or records of adults.
Are open to inspection in the same manner and under the same circumstances as those of adults

Access permitted to:

Public agencies for use in investigation or prosecution of crimes and of conduct by the offender that if committed by an adult would be an offence
The juvenile department and the juvenile court having the offender before it in any proceeding
Caseworkers and counsellors taking action or responsible for planning and care of the minor
The parties to the proceedings and their counsel
The victim or a witness to an act that is a violation, or an act that if committed by an adult would constitute a violation of a federal, state or county law or ordinance or
The victim's parent, guardian, personal representative or subrogee, when necessary to identify the suspect and the apparent extent of their involvement in the act or behaviour

Where a Youth May be Detained (419C.130)

Can't detain a youth or youth offender at any time in a police station, jail, prison or other place where adults are detained, except as follows:

In a police station for up to five (5) hours when necessary to obtain the subject's name, age, residence and other identifying information.
A youth waived under ORS 419C.349 (Grounds for waiving youth to adult court) or 419C.364 (Waiver of future cases) to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained if:

They are at least 16 and
The director of the county juvenile department and the sheriff, or other official responsible for the jail or other place, agree to detain the youth

When detention is authorised by ORS 419C.453 (Detention), a youth offender may be detained in a jail or other place where adults are detained.

A youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court (419C.370), including a youth accused of nonpayment of fines, may not be detained in a jail or other place where adults are detained.

Note that adult does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court per Jurisdiction above

No youth under 12 can be detained without a court order (419C.133)

Custody

Custody is Not Arrest (419C.091)

Custody under 419C.080 (Custody) and 419C.088 (Custody by private person) is not an arrest so far as the youth is concerned.

All peace officers will keep a record of youths taken into custody and will promptly notify the juvenile court or counsellor of all youths taken into custody

When Authorised (419C.080)

By a peace officer, or anyone authorised by the juvenile court of the county where juvenile is found:

When an adult, could be arrested without a warrant (PC)
For a juvenile court order – bench warrant
For a curfew violation (419C.680)
Mandatory Custody: If PC to believe the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of

May also issue citation in lieu of custody (419C.085) – same way as adults but don’t give court date & time on the citation
Taking a juvenile into custody is not an arrest

Required Notifications (419C.097)

As soon as practical after taking a youth into custody under 419C.080 (Custody) or 419C.088 (Custody by private person), the person taking the youth into custody will notify the youth's parent, guardian or other person responsible for the youth.
The notice will inform of the action taken and the time and place of the hearing
If the victim requests, the district attorney or juvenile department will notify them of the time and place of the hearing

Custodial Inteviews

SB 418 presumes a statement made by a juvenile (under 18) in a custodial interview conducted by a peace officer is involuntary if:

the statement is made in connection with an investigation into a misdemeanour or a felony, or an allegation that interviewed person committed an act that, if committed by an adult would constitute a misdemeanour or a felony the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement.
The presumption can be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement.

Custodial Interviews of Juvenile Suspects or Offenders

Any time a juvenile is in custody, or may otherwise feel they're not free to leave the interview or is compelled to speak, the officer will advise the juvenile of his or her constitutional rights.

The officer should take steps to make sure the information provided by the juvenile is voluntary considering the “totality of the circumstances.”
The officer should take into consideration the juvenile’s age, intelligence, experience, education, background, any recent drug and alcohol use, sleep deprivation, and whether the juvenile has the competency to understand the Miranda warnings and/or the consequences of waiving these constitutional rights.
The officer should not make any promises or threats to the juvenile during the interview.
During custodial interviews at a law enforcement facility, the officer should consider, if feasible, concealing their duty weapon and wearing plain clothes.
The interaction between the officer and juvenile should not be antagonistic or oppressive.
The officer should see that the juvenile is allowed to discuss the matter with a reasonable degree of comfort. Reasonable requests for food, drink and use of a restroom should be honoured.
Juvenile interviews should be reasonable in duration with appropriate breaks.
The officer should not intentionally use information known by the officer to be false to elicit a statement from the juvenile. Pursuant to SB418 (2021), a statement made by a juvenile in connection with a misdemeanour or felony will be “presumed to be involuntary ... if the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement.”

If at any time during an interview the juvenile asks to speak with his/her parent or guardian before answering questions, the officer should discontinue questioning until the juvenile has been given this opportunity. Unless the juvenile specifically invokes the right to remain silent, the officer may continue questioning after a parental consultation, but should give advice of rights again before resuming the questioning. The officer should take care that the parent is not asked to be an agent of the police during the parental consultation.
If at any time a juvenile is in police custody or is being interviewed by police, and the juvenile’s parent or guardian contacts the police to invoke the juvenile’s right to remain silent; the youth shall be informed of his/her/their parent’s request that he/she/they remain silent, then re-read his/her/their Miranda rights and asked if he/she/they wish to continue with the interview, without first making contact and seeking advice from the District Attorney’s Office.
Required video recording: Pursuant to ORS 133.402, custodial interviews conducted in a law enforcement facility of persons under 18 years of age in connection with an investigation into a misdemeanour or a felony or into an act that, if committed by an adult, would be a misdemeanour or a felony will be recorded. If the officer is equipped with a Body Worn Camera, the interview shall be recorded outside of a law enforcement facility. See subsection ORS 133.402(2) for exclusions to this rule.
In order to minimise disruption at school and cooperate with school officials, officers who interview or arrest a student at school should comply with procedures established by the school district involved, so long as those procedures do not conflict with law enforcement’s statutory authority. Officers shall ensure parental notification is made within a reasonable amount of time when a child is interviewed as a suspect in a criminal investigation. This notification can be made before or after the interview depending on the circumstances surrounding the investigation.
Pursuant to SB386 (2021), unless the child’s safety would be compromised, officers who interview a child as a witness (not a victim or suspect) to a child welfare, criminal, or delinquency investigation are required to notify the child’s parents of the interview. “’Child witness’ means an unmarried person who is under 18 years of age and who is not the victim of, the suspect in, or related to the suspect in a child welfare, criminal, or delinquency investigation.”

Preadjudication Detention (419C.145):

A youth may be held or placed in detention before adjudication if one or more of the following circumstances exists:

Fugitive from another jurisdiction
Charged with a felony or a crime with physical injury to another, including attempts
Misdemeanour disorderly conduct 1st degree
Failure to appear in court
PC to believe youth violated conditional release agreement
PC to believe youth violated probation
Alleged to be in possession of firearm (166.250)
When required for reasonable protection of victim (especially important for menacing or harassment of family member)

A peace officer may bring a youth to detention for any offence, but the youth may not be held unless they fit into one of the above categories.

Release Requirement

Release the youth to the custody of the youth's parent, guardian or other responsible person in the state (419C.100)

UNLESS:

There's an arrest warrant for the youth
There's PC to believe that release of the youth may endanger the welfare of the youth, the victim or others
There's PC to believe the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of:

If the youth does not reside in the county (419C.103(3))

Release to the youth's parent, guardian or other responsible person in Oregon
Deliver to a peace officer or juvenile counsellor in the county in which the youth resides, if delivery can be made without unnecessary delay

An officer may take the juvenile to detention or call detention/DA for direction

A minor can't any time be held in a police station, jail, prison or other place where adults are held, except for in a police station for up to five (5) hours when necessary to obtain their name, age, residence and other identifying information (419C.130)

Procedure When Not Released (419C.103):

Do one of the following:

Take the youth before the juvenile court or a person appointed by the court who will effect disposition under:

ORS 419C.109 (Initial disposition of youth taken into custody) and 419C.136 (Temporary hold to develop release plan)

Take the youth to detention or shelter care or a public or private agency designated by the court and as soon as possible.

Afterwards notify the court that the youth has been taken into custody

Required Report (419B.171)

Must promptly file with the court or a counselor a brief written report stating all of the following:

The youths name, age and address
The name and address of the person having legal or physical custody of the youth
Efforts to notify the person having legal or physical custody of the youth and the results of those efforts
Reasons for and circumstances under which the youth was taken into custody and, if known, the name and contact information of any victim
If the youth is not taken to court, the placement of the youth.
If the youth is not taken to court, why the type of placement was chosen

Must send a copy of the report to the district attorney

Curfew (419C.680)

Minors can’t be in public place between 12am-4am except:

Parent, guardian, or adult with permission is with the minor
Minor engaged in lawful activity requiring their presence at that time
Emancipation—this will be obvious from the driver’s license
Local ordinance can restrict curfew more than 12-4am & can provide for different curfews based on age of minors
Can take minor into custody for curfew violation
Gives LE opportunity to talk to minor & investigate what is going on