Curry County Juvenile Department, and Juvenile Court are located in the Curry
County Courthouse located at
juvenile delinquency cases your child may be eligible for a court appointed
attorney. As a parent of a child involved in a delinquent act, you are not
eligible for a court appointed attorney. If the parent or the youth cannot
afford to pay for the attorney, the court can so order an attorney be
appointed. The judge will review a parent's income/financial qualifying form
and make a decision concerning eligibility.
dependency cases (child abuse, neglect and abandonment), parents may be
appointed attorneys. Again, this will be based upon financial and income level
the parent of a child involved in a delinquent act, you are not eligible for a
court appointed attorney. You may, however, obtain an attorney to represent
your interests if you think it is necessary.
the court or the court's designee can authorize placement of a youth into a
juvenile detention facility. There are strict legal criteria outlining when a
juvenile offender is eligible for detention. A parent cannot have their child
placed in detention.
course any illegal drug or alcohol use by a child or adolescent is reason for
alarm. Whether it is your child's first attempt or there have been other
occasions, now is the time to intervene and get help from a professional.
Level of use is broken down into five categories:
Experimental use (one time use),
Social use (two or more incidents, very irregular use and possibly some
Habitual use (regular use, daily, weekly or monthly and possibly some negative
Abuse (regular use and has experienced negative consequences associated with
its use), and
Addiction (regular use, has and has experienced significant consequences
associated with its use, has difficulty stopping and may be in denial).
form of help you obtain should depend on your child's level of use issues.
Your first step should be to obtain a drug and alcohol assessment from a
professional who is qualified to perform drug and alcohol assessments. Our
staff regularly responds to this issue and is quite well prepared to guide you
to appropriate resources.
you have further questions you may call the Curry County Juvenile Department
(541) 247-3302 , or Toll Free (877) 739-4254, Monday through Friday 1:00 PM – 5:00 PM.
do I get a restraining order?
Return to Top
It would be best to contact the Oregon State Bar at 1-800-452-4776 to learn about obtaining restraining orders. They will have brochures, pamphlets, explanatory tapes and other information concerning this subject.
Is a juvenile record confidential?
Some parts of a juvenile
record are confidential and some parts are not confidential. Generally a
juvenile record consists of two parts, social and legal. The social file
includes reports and material relating to the child's or youth's history and
prognosis and are considered privileged. Except at the request of the youth,
this information is not to be disclosed directly or indirectly to anyone other
than the judge of the juvenile court, those acting under the judge's
direction, and to the attorneys of record.
Information in the legal file
which can be released includes:
the name and date of birth of the child or youth,
the basis for the juvenile court's jurisdiction over the child or
date, time and place of any juvenile court proceeding in which the
child or youth is involved,
the act alleged by the youth, level of resistance at time of arrest,
that portion of the juvenile court order providing for the legal
disposition of the charge.
If a youth has no legal file
but has been placed on a Formal Accountability Agreement
the following information is not confidential:
The name and date of birth of the youth
The act alleged and
The portion of the agreement providing for the disposition of the
crime. [reference ORS
Further, information contained in reports or the child's history and prognosis, may be released if, in the professional judgment of the juvenile counselor, caseworker, teacher or detention worker, that information indicates a clear and immediate danger to another person or to society. For further detail about confidentiality please refer to ORS 419A.255.
my child's record be destroyed at some point? Return to Top
most circumstances a juvenile's record can be destroyed at some point. The
process of getting a juvenile record and associated police reports destroyed
is called an expungement. Curry County Juvenile utilizes two different paths
to consider when thinking about expunction:
is a "Five Year Expunction." In order to be eligible for this type
of expunction, five years needs to have elapsed from the date of the last case
termination. The five year expunction applies whether Court wardship was
established or not. This method of expunction is the most widely used by the
second option is a "Best Interest Expunction". This method of
pursuing expunction can be used by almost any person regardless of age or how
long it has been since the case has been closed. People who apply for the Best
Interest Expunction are typically those who are not yet eligible for an
automatic expunction, and may be considered in certain cases.
may apply for an expunction of your juvenile court records at any time.
However, some limitations include:
there cannot be legal proceedings pending in juvenile or criminal court,
2) the person cannot presently be within the jurisdiction of any juvenile court,
3) there cannot be a pending investigation by any law enforcement agency.
4) some records are not eligible for expunction because of the seriousness of the crime, such as serious person to person crimes and many sex crimes.
child is not going to school, what can I do?
Return to Top
child's education is important! A good place to start is by scheduling a
meeting with your school's administrator. Between the two parties, try to
identify and address all reasonable barriers to your child's success. For
example, if you find that your child is embarrassed about dressing down for
physical education classes, you might ask the administrator for a
recommendation, or for options. Your child may be the victim of a bully,
explore this option. Communicate regularly, and work closely as a team with
your child's school.
How do I get emancipated? Return to Top
To be emancipated means that
a minor (someone under 18 years of age) has legally been given certain rights
which are normally reserved for adults. In order to be emancipated, a minor
must be at least 16 years of age and the court must find that the best interests
of the minor will be served by emancipation.
To attain emancipated status,
juveniles must be fully self-supporting, have an adequate place to live and be
able to demonstrate sufficient maturity and sense of responsibility to
function on their own without adult supervision.
Prior to Emancipating a Minor the Court Must Consider:
the parent of the minor consents to the emancipation.
the minor has been living away from the family home and is substantially able
to be self-maintained and self-supported without parental guidance and
the minor can demonstrate that he or she is sufficiently mature and
knowledgeable to manage his or her affairs without parental assistance.
It is common for the Juvenile
Court Judge to expect the minor to come to court prepared with a budget, a
stable source of income, a stable residence, and transportation and school
A Decree of Emancipation Serves Only to:
Recognize a minor as an adult for the purposes of
contracting and conveying, establishing residence, suing and being sued, and
recognize the minor as an adult for purposes of criminal laws of the State of
Terminate most parental responsibilities to the
A decree of emancipation does
not affect any age qualification for purchasing alcohol or the requirements
for obtaining a marriage license, nor declare the person to have reached the
age of majority.
Factors to be Considered:
Below are general guidelines
to use as factors the County Judges have identified in verifying appropriate
standards for emancipation; the youth shall:
Be employed at least 25 to 30 hours per week at minimum
wage or more for at least 3 months and be able to furnish a most recent
payroll document. (Another source of income, such as a social security trust,
may be acceptable.)
Be graduated from high school, have received a GED, or
attending educational or vocational school full-time.
Have at least one month's salary in a checking or
savings account. (Minimum of $800).
Be able to provide own medical insurance or be able to
continue under parent's coverage. Must show documentation from health care
provider proving eligibility and availability.
If living away from parental home, be established in a
residence for two or three months. The residence cannot be with the youth's
boyfriend or girlfriend. (Exception: If emancipation is needed to enter into
rental agreement, youth must furnish documentation so indicating.)
Maturity and responsibility: Youth must demonstrate the
ability to be on his/her own without adult supervision by the following:
from reliable adults
from school instructors or employers
and submission of monthly budget
There shall be no pending law violations involving the
The Emancipation Process:
to filing for emancipation a youth may meet with a juvenile department
counselor who can answer questions, guide the youth through the process and
counsel the youth on the viability of an emancipation.
the youth has decided to go forward with the emancipation application the
youth must go to the juvenile department in the county where he or she resides
and file an application with the associated fee. The filing fee is
nonrefundable. Once the application for emancipation has been filed, the
juvenile court will assign a juvenile department counselor who will answer
questions, ask questions in order to gather relevant information, and prepare
a report which summarizes the significant issues and concludes with a
recommendation to the judge. The court will conduct a preliminary hearing
within ten (10) days of the date of filing. A final hearing will be held no
later than sixty (60) days after filing.
are notified of any emancipation proceeding. At the preliminary hearing the
youth is informed of the civil and criminal rights and liabilities of an
emancipated minor and an emancipation hearing date is scheduled.
the emancipation hearing the judge will hear testimony, review materials
presented and ask questions. The minor must be prepared with relevant
documents and answers to questions at the time of the hearing.
the minor is emancipated, he or she is provided a copy of the Decree of
Emancipation and instructed to obtain an Oregon driver's license or an Oregon
identification card through the Oregon Department of Transportation which
makes a notation of the minor's emancipated status.
be aware that an emancipation, under most circumstances, can not be reversed.
minors are subject to jurisdiction of the adult courts for criminal offenses.
Ø It is not unusual for parents to want to emancipate their child, however, this action must be initiated by the person being emancipated.
When people ask this question
they are typically wanting to be told a specific age when a child can be left
alone. To the surprise of many, there is no specific age provided for by law.
In these circumstances, the good judgment of the parent or guardian is most
important. Generally speaking there are three primary variables which need to
be considered. First, the maturity of the child, second, the environment
provided for the child and third, how long the child will be unattended. The
best advise is to error on the side of caution, safety and the best interest
of the child. As a guideline it is also advisable to be extra cautious with
children under 10 years of age. If in doubt it would be wise to call the State
Office for Services to Children and Families, In regard to maturity, a child
may be 13 years old and yet immature and unskilled at providing for him or
herself when alone or during an emergency. Under these circumstances, if
notified, the police or State Office for Services to Children and Families may
be concerned. However, a child may be 11 years of age, very mature, quite
skilled at meeting his needs and well prepared to respond to an unanticipated
event. In this case it may be appropriate to leave the child unattended for a
short period of time.
The child's environment is
also of great concern. Central issues of concern include the provision of
food, heat, emergency planning, and access to a responsible adult if needed.
Ideally, if a child must be left unattended for a short period of time, a
neighbor should be available to periodically check in on the child. Of course,
regular phone calls from a parent demonstrates appropriate concern too.
It is not advisable to leave
any child unattended for an extended period of time.
Some laws which pertain:
Abandonment of a child:
It is considered "abandonment of a child" if a parent or guardian of
a child under 15 years of age deserts their child in any place with intent to
abandon him or her. Abandonment is a felony crime, (ORS163.535).
Child Neglect in the Second
Degree: The law says a person who has custody or control of a
child under 10 years of age commits the crime of child neglect in the second
degree if, with criminal negligence, the person leaves the child unattended in
or at any place for such a period of time as may be likely to endanger the
health or welfare of such child. Child neglect in the second degree is a Class
A misdemeanor, (ORS 163.545).
Failing to supervise a child: A person commits the offense of failing to supervise a
child if the person who is the parent, lawful guardian or other person
lawfully charged with the care or custody of a child under 15 years of age and
a) Commits an act that brings
the child within the jurisdiction of the juvenile court as a delinquent.
b) Violates a curfew
Law of a county or any other political subdivision, or
c) Fails to attend school as required by law., (reference ORS 163.577).
do I do if I see a young child being abused or neglected?
response to a situation like this should depend upon the level of urgency. If
there is doubt in your mind and clearly no immediate danger you can call the
State Department of Human Services and ask how to respond. If, on the other
hand, the child is clearly in danger, do not hesitate. Dial 911 and report the
incident and details to the police. The State Department of Human Services -
Curry Branch can be contacted at (541) 247-4515.
My child is out of control, what can I do? Return to Top
This question is probably the
most frequent asked of all questions at the Juvenile Department. Unfortunately
this is probably the one question which is least likely to have a well
specified answer. At the Juvenile Department we see a variety of definitions
for the phrase "out of control". On one hand some parents complain
of defiance and noncompliance and on the other hand some parents report
stories where their home has been severely damaged and they are fearful for
their lives. If the "out of control" problem roots from the youth
wanting to be more independent, your approach is likely to be very different
than if the problem stems from a mental health concern, i.e., Conduct Disorder
or Attention Deficit / Hyperactivity Disorder. It is advisable to talk with a
professional, such as a family physician or counselor, as soon as possible. A
remedy for this sort of problem will be more successful if it is dealt with in
its early development stages.
There are several ways to
approach the problem of an out of control child. The following are some ideas
which might prove helpful:
Reading, (I.e., Back in Control by Gregory
Support groups, (I.e., Tough Love)
3. Lifestyle issues, (i.e., sleep and eating habits, family conflict issues, etc.)
Parent education, (i.e., Classes offered through
Counseling, (I.e., Community Family Counseling)
Seeking medication, (Talk with your physician)
Seeking an out of home placement for the child,
If a crime has been committed, seeking police
(The above examples are not
to be considered endorsements)
Having an out of control child is both frustrating and humbling. Probably most frustration comes from the inability to force the child to do what is right and behave in an acceptable fashion. Be careful how you respond. It is not advisable that you let your child rule your home or come and go as he or she pleases. These conflicts, especially with a teen, can have a profound effect on family relations for years to come. Think through your family rules. Be sure to know which rules are mandatory (nonnegotiable) and which ones are negotiable. It is possible that some form of empowerment may be the "out" your child is looking for. Recognize that most "out of control" youth are engaging in a power struggle. Think through a plan to prevent a progressive escalation of this power struggle.
If you are certain your child
ran away you can call your local police department to file a runaway report.
If you do not live in an incorporated city and live in
County, call the County Sheriff's office and ask how to file a runaway
report. Some police departments require that your child be away for at least
24 hours before a report will be accepted.
While waiting for your child
to return, or be located, you can use this time to educate yourself about your
options and counseling resources. You can also
use this time to develop a plan to implement when your child returns home.
Please be advised, if your child has only been taken into custody for runaway he will NOT be placed in detention, (unless he or she is an out of State runaway). Out of State runaways can be placed in detention until arrangements can be made to return the runaway to his or her home State, (ORS 419C.156).
Being a runaway is an
indication of turmoil within your home. Sometimes the problems stem from your
choices, sometimes from your parent or guardian actions, some combination of
the two, or even some other cause. Rather than finding a place for blame, the
focus is on trying to solve the problem(s) or at least reduce the tension in
the home enough so that it is once again livable. Of course there are some
situations where returning a runaway to his or her home is not safe and your
safety is our greatest concern.
If you are a runaway and a
police report has been filed, you should either return home or turn yourself
in. You can turn yourself in to any police officer. If the police find you
first, you will be taken into custody. Once you are in custody you will likely
either be taken home or taken to the County Shelter Care Center.
Please be advised, if you
have only been taken into custody for runaway you will NOT be placed in
detention, unless you are an out of State runaway. Out of State runaways can
be placed in detention and held until arrangements can be made to return the
runaway to his or her home State, (ORS 419C.156)
Oregon Revised Statute
419C.680 says: (1) No minor shall be in or upon any street, highway, park,
alley or other public place between the hours of 12 midnight and 4 a.m. of the
following morning, unless:
(a) Such minor is accompanied
by a parent, guardian or other person 18 years of age or over and authorized
by the parent;
(b) Such minor is then
engaged in a lawful pursuit or activity which requires the presence of the
minor in such public places during these hours;
(c) The minor is legally emancipated
Please note that cities have the ability to enact special ordinances pertaining to curfew in their jurisdiction. The City of Brookings has such a curfew ordinance of 10:30pm to 4:00am.
What is Measure 11? Return to Top
Measure 11 is an Oregon law
which says if a youth is 15, 16 or 17 years of age, and does any of the
following list of crimes in Oregon, he or she must be tried as an adult and
must go to prison for a long time.
Why Does Oregon Have this Law?
Measure 11 is a law designed
to assure that dangerous juvenile offenders are removed from society. It is
designed to make the citizens of Oregon feel safer by taking the most violent
juvenile offenders out of circulation and locking them up for a long time.
What are the Measure 11 Crimes?
Following is a list of the
Measure 11 crimes and the associated mandatory sentence:
Robbery II *
5 years 10 months
7 years 6 months
Sexual Abuse I
6 years 3 months
Unlawful Sexual Penetration II
6 years 3 months
Unlawful Sexual Penetration I
8 years 4 months
6 years 3 months
8 years 4 months
6 years 3 months
8 years 4 months
Kidnapping II *
5 years 10 months
7 years 6 months
Assault II *
5 years 10 months
7 years 6 months
6 years 3 months
Conspiracy to Commit Murder
10 years 5 months
7 years 5 months
Conspiracy to Commit Aggravated Murder
Attempted Aggravated Murder
30 years to life
7 years 6 months
Using child in display of sexually explicit conduct
5 years 10 months
5 years 10 months
* Under certain circumstances
there may be a less than minimum for this crime.
Measure 11 crimes probation, parole and early release are not allowed.
Examples of Measure 11 Crimes:
Robbery II: You, alone or with a friend, want someone's
baseball cap. You either pretend to have a weapon or threaten to beat the
owner up. Upon conviction for Robbery II you and your friend go to prison for
5 years and 10 months.
Assault II: You and a friend get into a fight with another
person. Your friend pokes the other person in the eye with the handle of a
hairbrush causing serious injury to the eye. You and your friend go to prison
for 5 years and 10 months when convicted.
Sexual Abuse I: You are on a date and touch your partner in the
buttock, crotch or breast. In spite of being told to stop, you touch the
person again. When convicted of Sexual Abuse in the First Degree you go to
prison for 6 years and 3 months.
Kidnapping II: You
are mad at another person and go to their house to confront them. You force
the person outside to beat him up. You go to prison for 5 years and 10 months
Will the Judge Give You a Break if You Have Never Been in Trouble?
No! The law says the judge
MUST send anyone to prison who is 15 or older and guilty of a Measure 11
Generally, an offense is a "violation" if , (a) the offense is so described in the statute defining the offense, (b) the statute prescribing the penalty for the offense provides that the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalty, (ORS 161.565). Under most circumstances the fine limitations for violations is the same as that for misdemeanor crimes.
A "crime" is an offense for which a sentence of imprisonment is authorized. A crime is either a misdemeanor or a felony, (ORS 161.505). Generally misdemeanor crimes are considered less serious than felony crimes.
A crime is a misdemeanor if
it is so designated in any statute of Oregon or if a person convicted thereof
may be sentenced to a maximum term of imprisonment of not more than one year,
(ORS 161.545). A fine can also be imposed.
Misdemeanor crimes are
classified for the purpose of the sentence into the following categories:
Class A misdemeanor
Class B misdemeanor
Class C misdemeanor
in the second and third degree (shoplifting), harassment, and some criminal
mischief crimes are examples of misdemeanor crimes.
A crime is a felony if it is
so designated in any statue of Oregon or if a person convicted under a statue
of this state may be sentenced to a maximum term of imprisonment of more than
one year, (ORS.161.535). A fine may also be imposed.
Felony crimes are classified
for the purpose of the sentence into the following categories:
Term Maximum Limitation
Class A felony
Class B felony
Class C felony
ü Unauthorized Use of a Vehicle, Theft in the First Degree, Burglary, Robbery and some Assaults are Felony crimes.
What is a Status Offense? Return to Top
A status offense is a law
violation, (not a delinquency, crime or violation) which only applies
to juveniles. For example, curfew is a status offense. A juvenile can
commit the status offense of violating curfew but adults, (those over 18) can,
all things being equal, stay out all night long if they so wish. Other
examples of status offenses include:
Possession of tobacco
Possession of alcohol, (though this is a peculiar one because it
applies to those under 21 years of age).
Being beyond control
Behavior such as to endanger the welfare of the youth or others
ü Youth's who commit status offenses are not thought to be "delinquent" youth.
What is a Delinquent Act? Return to Top
A delinquent act is a law
violation which if done by an adult (someone 18 years old or older) would be a
crime. For example, if an adult steals a car and is convicted he or she
is thought of as someone who has committed a crime and to be a criminal. A
juvenile who steals a car and is convicted is thought of as someone who has
committed a delinquent act, (an act which would be a crime if he or she were
an adult.), and to be a delinquent.
who commit delinquent acts are thought of as more serious offenders than status
My daughter's ex-boyfriend is stalking her. How do I handle it?Stalking orders are obtained through civil court. If you go to the State Court Clerk’s Office - Civil in the
do I need to know about wilderness survival programs before I send my child to
parent should call the State Department of Human Services and ask for the
licensing department. Once connected, ask if the State has licensed the
program you are interested in. They can tell you information in their files
concerning the program.
the program is not licensed with the State, ask the program director for staff
credentials. Does the staff have college degrees? What certifications do their
staff carry? What work experience does staff have in serving adolescents? Ask
if there are pending law suits against the program? Ask for professional and
previous client references. A good program should be eager to share this
information. Ask for their philosophy on managing resistive, out of control
youth. Ask to see their staff's training records for first aid, CPR, physical
and mechanical restraints.
might also ask to see any reports the program may generate addressing
performance measurements. How many clients successfully complete the program?
How has the program measured long term impact?