The Law
For Runaways
Curry County
Juvenile Department If you have a child under 18 years of
age, you should add for following web page to your reading
list, especially if you are having any behavorial issues
with your child. www.co.curry.or.us/Departments/Juvenile/Questions
Is it
possible to have my child placed in detention? My child
uses drugs or alcohol, where can I go to get help? 1) Experimental use (one time
use), The form of help you obtain should
depend on your child's level of use issues. Your first step
should be to obtain a drug and alcohol assessment from a
professional who is qualified to perform drug and alcohol
assessments. Our staff regularly responds to this issue and
is quite well prepared to guide you to appropriate
resource My child is not going to school. What can I do? Your child's education is important! A good place to start is by scheduling a meeting with your school's administrator. Between the two parties, try to identify and address all reasonable barriers to your child's success. 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. A long history of trying to respond to
this problem has taught juvenile counselors that success, if
it is going to occur, requires a commitment from all
concerned parties. Engaging the support of friends, other
family members, school authorities, your local police
department and, if a juvenile department counselor has been
assigned for a different reason, is a good place to start.
As you take on this task, commitment, good communication and
coordination is necessary on your part. Some parents go to
school- regardless of their child's age - and attend class
on a daily basis until their child gets the message. How do I
get emancipated? To attain emancipated status, juveniles must be fully self-supporting, have an adequate place to live and be able to demonstrate sufficient maturity and sense of responsibility to function on their own without adult supervision. Prior to Emancipating a Minor the Court Must Consider: Whether the parent of the minor consents to the emancipation. A Decree of Emancipation Serves Only to: Recognize a minor as an adult for the purposes of contracting and conveying, establishing residence, suing and being sued, and recognize the minor as an adult for purposes of criminal laws of the State of Oregon. 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.) The Emancipation Process: Prior 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. Miscellaneous Information: Please be aware that an emancipation, under most circumstances, can not be reversed. Source: www.co.curry.or.us/Departments/Juvenile/Questions#tabsa1s1172-12
What do I do if I see a child being abused or neglected? Your response to a situation like this
should depend upon the level of urgency. If there is doubt
in your mind and clearly no immediate danger you can call
the State Department of Human Services and ask how to
respond. If, on the other hand, the child is clearly in
danger, do not hesitate. 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.
Oregon law states, "Anyone participating in good faith in
the making of a report of child abuse and who has reasonable
grounds for the making thereof shall have immunity from any
liability, civil or criminal . . ." [419B.025] Official School Bus Stop Policy My child is out of control. What can I do? This question is probably the most frequent 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: 1. Reading, (I.e., Back in Control by Gregory Bodenheimer) 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. My child ran away. What will happen? If you are certain your child ran away you can call your local police department to file a runaway report. If you do not live in an incorporated city and live in 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). I am a runaway. What can I do? 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) What is the curfew for juveniles? Oregon Revised Statute 419C.680 says: (1) No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, unless: (a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent. 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. 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: * Under certain circumstances
there may be a less than minimum for this
crime. Source: www.co.curry.or.us/Departments/Juvenile/Questions#tabsa1s1172-19
With 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. 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 crime. What is a Violation, Misdemeanor and Felony? Generally, an offense is a "violation" if, (a) the offense is designated as a violation in the statute defining the offense, (b) the statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment, (ORS 153.008) A "crime" is an offense for which a sentence of imprisonment is authorized. A crime is either a misdemeanor or a felony, (ORS 161.515). Generally misdemeanor crimes are considered less serious than felony crimes. Misdemeanor: 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. Felony: 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.161.525). A fine may also be imposed. Source: www.co.curry.or.us/Departments/Juvenile/Questions#tabsa1s1172-20
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:
Youth who commit status offenses are
not thought to be "delinquent" youth. 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. My child's former boy/girl friend is stalking her/him. 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 Curry County courthouse, you can ask
for stalking forms to complete. Clerks are available to
assist you and they will set a court hearing for the judge
to rule on the stalking motion. What do I need to know about wilderness survival programs before I send my child? A 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. If 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. You 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?
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
