Oregon

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of Oregon

            Public record disclosure exemptions and juvenile laws restrict access and distribution of juvenile records;[1] however, some information remains available to the public.[2]  Additionally, beginning at age fifteen, juveniles convicted of certain serious offenses, such as murder, manslaughter, and assault, are charged as adults and will be subject to increased public access and collateral consequences.[3]

 

Understanding the Justice System

            Except as provided,[4] the juvenile court has exclusive original jurisdiction in any case involving a person younger than eighteen years of age.[5]  Judicial review is required to detain youth under twelve years of age.[6]  An adjudication by a juvenile court is not considered a conviction of a crime or offense.[7]

            Classifications of juveniles charged with offenses include youth[8] and youth offender.[9]  A youth is a person under the age of eighteen who is alleged to have committed an act that is considered a violation;[10] a youth offender is anyone under the age of eighteen in which the juvenile court has jurisdiction.[11]  The juvenile court, after a hearing, may waive jurisdiction of a youth fifteen years or older to an adult court if certain requirements are met, including that the youth committed one of the enumerated offenses such as murder, assault, robbery or arson; that the youth understood the nature and quality of his conduct; and that the juvenile court retaining jurisdiction would not be in the best interest of the youth or society.[12]  The juvenile court may waive a youth under the age of fifteen to an adult court if, at the time an act was committed, the youth is alleged to have committed murder, first degree rape, first degree sodomy or unlawful sexual penetration in the first degree; the youth was represented by counsel during the waiver hearing; and that the youth understood the nature and quality of his conduct and that it was not in the best interests of the youth or society for the juvenile court to retain jurisdiction.[13]

 

Notification of Collateral Consequences of Juvenile Records

            The Oregon state constitution does not require an attorney to inform their clients of collateral consequences.[14]  However, the Principles and Standards for Counsel in Criminal, Delinquency, Dependency and Commitment Cases states that a lawyer should still ensure their client is fully aware of the collateral consequences of conviction or juvenile adjudication.[15]

 

Treatment of Juvenile Records

At what point in the court process do records begin?

            A record starts when a youth is lodged in a juvenile detention facility or when a charging petition is filed.[16]

What is a juvenile disposition called?

            A juvenile disposition is referred to as an adjudication, not a conviction.[17]

Where are juvenile arrest (custody) and court records stored?

            Juvenile custody data is stored in the Juvenile Justice Information System (JJIS), administered by the Oregon Youth Authority.[18]  Juvenile custody data, including data of juveniles waived to adult court, is separated from adult arrest data.[19]

Who can access arrest (custody) and court juvenile records?

            Fingerprint and photograph records of a youth or youth offender can be accessed by a number of different entities, including: public agencies; the juvenile department and juvenile court; caseworkers and counselors; parties to the proceeding and their counsel; the victim or witness to an act; or the victim’s parents, guardian, personal representative or subrogee.[20]  Additionally, juvenile court records are open to inspection by the youth, parent or guardian, court appointed special advocate, surrogate or person allowed to intervene in a proceeding involving the youth offender, and their attorneys.[21]

            Reports and other materials in the record that relate to the juvenile’s history and prognosis are privileged and, except at the request of the juvenile, may not be disclosed to anyone other than the judge of the juvenile court, those acting under the judge’s direction, service providers and attorneys in the case, and the superintendent or superintendent’s designee in the school district in which the youth offender resides.[22]  Such information may also be disclosed for the purposes of evaluating the juvenile for special education.[23]  If the information contained in the reports and other materials indicates a clear and immediate danger to another person or society it is disclosed to the appropriate authority and the person or entity who is in danger.[24]

            The public also has access to some information in a juvenile’s court record including, but not limited, to the following: (a) the name and address of the youth or youth offender; (b) the basis for the juvenile court’s jurisdiction; (c) the date, time and place of the juvenile court proceeding; (d) the act alleged in the petition; (e) the portion of the juvenile court order providing for the legal disposition of the youth or youth offender; (f) the names and addresses of the youth or youth offender’s parents or guardians; (g) and information from the clerk or court administrator register.[25]   The county juvenile department is the agency responsible for disclosing juvenile court records.[26]

What information does a juvenile court record contain?

            The clerk of the court keeps a record of each case, including the summons and other process, and petitions, pleadings, motions, orders, and other papers filed with the court.[27]  Once prepared and filed with the court, a transcript of a juvenile court proceeding becomes part of the record.[28]  The record excludes reports and other material relating to the offender’s history or prognosis.[29]

What information does juvenile custody data contain?

            The social file, a booking report,[30] and fingerprint and photograph files[31] comprise the custody data.  A juvenile’s history and prognosis is part of a “social file” included in the custody data.[32]  The social file includes demographics, dispositions, prognosis, referrals, restitution, community service reports, detention and other placements.[33]

 

What Data is Collected & Distributed by Police?

Is DNA collected?  

            The court shall order a youth offender to submit to a blood or buccal sample if the youth offender is found within the jurisdiction of the court for certain offenses, including rape, sodomy, sexual penetration, sexual abuse, and burglary.[34]

May the police department distribute this information?  

            Police can distribute information to certain agencies and parties, if the information concerns a youth offender adjudicated in juvenile court.[35]  Police can distribute information of juveniles convicted as adults, unless the information is exempt as a public records disclosure exemption.[36]

May the police department publicly disclose this information?   

            DNA data from blood or buccal samples is not part of the information that can be publicly disclosed for juveniles adjudicated in juvenile court.[37]

May the police department sell arrest data?

            The police cannot sell arrest data in Oregon.[38]

 

Sealing and Expunging Delinquency Files or Records

Do juveniles have the ability to seal arrest (custody) and court records?

            Custody and court records may be sealed pursuant to expunction statutes, described below.[39]

Do juveniles have the opportunity to have arrest (custody) and court records expunged?

            Oregon provides for the expunction of juvenile custody and court records.[40]  Expunction means the removal and destruction or sealing of a judgment or order and all records and references related to any instance in which a person’s act or behavior, or alleged act or behavior, resulted in a juvenile court’s jurisdiction.[41]  When a record is kept by the Department of Human Services or Oregon Youth Authority, the record will be sealed or, if in a multi-person file, a stamp or statement is affixed to the font of the file which provides the name of the individual, the date of expunction and instruction that no further reference shall be made to the material except by order of a court of competent jurisdiction.[42]  A record includes a fingerprint or photograph file, report, exhibit or other material that contains information relating to a person’s contact with any law enforcement agency or juvenile court or juvenile department.[43]

            The juvenile court, the juvenile department or a person at age eighteen can apply for expunction.[44] The juvenile court will order expunction if the person was never found to be within the jurisdiction of the court,[45] or at least five years have elapsed since the individual’s most recent termination, since the date of the most recent termination the individual has not been convicted of a felony or class A misdemeanor, no proceedings seeking a criminal conviction or adjudication in a juvenile court are pending, the individual is not within the jurisdiction of any juvenile court for delinquency; and the juvenile department is not aware of any pending investigation by a law enforcement agency for the individual’s conduct.[46]

            Offenses that cannot be set aside include Class A and Class B felonies, criminal mistreatment constituting child abuse, any sex crime and endangering the welfare of a minor.[47]

             Individuals with a juvenile adjudication may seek to have their adjudication set aside, even if the adjudication is not expugnable.[48]  However, setting aside an adjudication of a non-expungible offense does not have the same effect as expunging the record.[49]

            In addition to expunction and setting aside statutes, Oregon requires the deletion of files if a case is not brought against a juvenile.[50]  The Department of State Police deletes fingerprint and photograph files or records of youth or youth offenders from the depository and destroys the files or records one year after receiving the files if the depository has not received notice that the juvenile was within the jurisdiction of the court, or no later than one year following receipt of a notice the a petition was dismissed.[51]

How does a juvenile seal one’s record?

            The person whose records are to be expunged, the juvenile department or the juvenile court can file an application for expunction.[52]  The application must provide the names of the juvenile courts, juvenile departments, institutions, law enforcement and other agencies that the applicant has reason to believe, or a reasonable search of department files indicates, have expugnable records.[53]

             A notice and copy of the application is provided to the district attorney of the county where expunction is requested, the district attorney of each county in which the record to be expunged is kept, and the person who is the subject of the record if the person has not initiated the proceeding and is under twenty-one years of age.[54]  The district attorney must notify the victim of the acts that resulted in the disposition that is the subject of the expunction, and send a copy of the expunction application to the victim’s last known address.[55]

            The district attorney must file a notice of objection, stating the grounds for the objection, within thirty days of receiving notice of the expunction application.[56]  Notice must also be provided to the subject person, if that person is not the party applying for expunction, unless the person has reached age twenty-one.[57]  If no objection is filed, the court can decide the issue of expunction with or without a hearing.[58]  If an objection is filed, the court must hold a hearing.[59] The court may not deny expunction without a hearing if the proceeding is based on the application of the subject person.[60]  The district attorney must mail notice of the hearing to the victim if the victim requests such notice.[61]

            The juvenile court or juvenile department must send a copy of expunction to each agency subject to the judgment.[62]  When all agencies subject to an expunction judgment have indicated compliance, or no later than six weeks following the date the judgment was delivered, the juvenile court must provide the person who is the subject of the record with a copy of the expunction judgment, a list of complying and non-complying agencies, and a written notice of rights and effects of expunction.[63]  The juvenile court and department must then expunge all records they possess and which are subject to the judgment, except the original expunction judgment and the list of complying and non-complying agencies.[64]  In addition to the agencies subject to the expunction judgment, the juvenile, circuit, municipal and justice courts, and the district and city attorneys are bound by the judgment.[65]

            The Central Expunction Coordinator at the Oregon Youth Authority (OYA) logs incoming orders and distributes notification forms to the appropriate OYA facility and staff, and ensures that the expunction process is complete.[66]  The Coordinator makes sure that JJIS files and contract files related to the subject of the expunction are sealed.[67]  Also, the Coordinator notifies the court of the case number of any juvenile commitment record with the Department of Human Services (DHS) and requests that the court expunction order be sent to DHS.[68]

Who has access to sealed juvenile records?

            The OYA maintains expunged records in a locked and secure area designated by the agency.[69]

How will sealed juvenile records affect a juvenile in the future?

            Upon entry of an expunction judgment for a juvenile adjudication, the content that is the subject of the expunged record cannot be disclosed by any agency.[70]  An agency that is subject to an expunction judgment must respond to any inquiry that no record or reference exists.[71]

Does Oregon permit post-dispositional advocacy by indigent defense?

            It is not currently the practice in Oregon to appoint counsel in a proceeding to expunge a delinquency record.

How may a juvenile describe a record that is not going to be distributed?

             A person whose juvenile court record has been expunged may assert that the record never existed and that the subject of the record never occurred without incurring a penalty for perjury or false swearing.[72]

 

Challenging Court Record and Arrest Record Accuracy

Is there a way to correct court and arrest records?

            No procedure is available in Oregon juvenile law allowing a criminal court motion to amend a defendant’s criminal history.[73]  The lawyer should review both the legal file as well as the juvenile department’s file before disposition, to ensure that material therein is accurate.[74] Inaccurate or unreliable information should be brought to the juvenile court counselor’s attention and omitted from the file.[75]  Failing that, the lawyer should call the court’s attention to such materials.[76]

 

Employment Opportunities

Can juvenile records be viewed for employment purposes?

            Certain information is available to the public and includes the name and address of the juvenile; the basis for juvenile jurisdiction; date, time and place of the juvenile court proceeding; act alleged in the petition; portion of the court order providing the disposition of the youth; and the names and addresses of the youth or youth’s parents or guardians.[77]

Can employers view juvenile records that have been sealed or expunged?   

            Agencies cannot disclose information from juvenile custody and court records after they have been expunged.[78]  Further, it is unlawful for any state agency or licensing board, including the Oregon State Bar to require applicants for employment, licensing or admission to answer any questions regarding the contents of an expunged juvenile record.[79]

What type of employers may disqualify applicants based upon juvenile records?   

            It is unlawful to bar or discharge juveniles with expunged records from employment or refuse to hire or employ persons because of the existence or contents of a juvenile record.[80]  Juveniles who were arrested or convicted, and whose record was not or could not be set aside, must be informed by the Department of State Police when a request is made for criminal offender information.[81]  The notice must provide information that the individual may have rights under Title VII of the Civil Rights Act of 1964, and that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law.[82]

How should juveniles respond to inquiries about a record on job applications?

If the record was expunged, the applicant should respond that they have no record.[83]  If the application seeks information about a conviction, they can respond that they have not been convicted because a juvenile adjudication is not a conviction.[84]

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect elementary or high school education?

            Students must comply with the rules for the governance of public schools in the state.[85]  A student may be disciplined, suspended, or expelled from school for violating school rules as defined by the school district.[86]  Students may be disciplined for violations of the rules of conduct for behavior that occurs when they are present in school, on school district property, at any school sponsored activity, or traveling to and from school, provided the conduct negatively impacts on the orderly operation of the school.[87]  Further, a student’s conduct, whether adjudicated or not, may result in a suspension or dismissal from an athletic team.  Each school district has policies relating to student conduct and the use of drugs, alcohol and tobacco that may apply to student athletes even when the students are not in school on school ground, or at school events.[88]

            Students with disabilities continue to be entitled to a free and appropriate education if removed from school for disciplinary reasons.[89]  However, students who are expelled, but do not have a disability, are not entitled to these same educational guarantees and will be notified in writing of alternative education programs.[90]

If a youth is charged or a complaint has been brought against him, how long can he or she be suspended from elementary or secondary education?

             A student may be suspended for up to ten school days.[91]  Expulsion of a student may not extend beyond one calendar year.[92]

If a youth is suspended from school because of a charge or a complaint, is there relief available?

            Students may be suspended if there is prior notice given of the specified charges, as well as an opportunity for the student to present his view of the alleged misconduct.[93]  The suspending official must notify the student’s parent or guardian of the suspension, the conditions for reinstatement, and appeal procedures.[94]

If a youth has been expelled or suspended because they were adjudicated delinquent or admitted to committing a crime, is there any relief available?

            A school district board may expel a student, provided the student is not expelled without a hearing.[95]  When there is a hearing, the hearings officer must provide to the board, the parent(s) or guardian, and the student if age eighteen or over, the findings of facts, recommended decision and whether or not the student is guilty of the conduct alleged.[96]  If the authority to expel is delegated to a hearings officer, the parent or student has the right to appeal to the school board for review.[97]

Are there any collateral consequences effecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

            The seven public universities in the Oregon University System and the University of Oregon applications do not ask for juvenile record disclosure for undergraduate programs.  No graduate application from the state institutions asks for criminal history except the University of Oregon School of Law.[98]  That application asks “Have you ever been convicted of a crime other than a minor traffic violation or are any charges pending against you?”[99]  However, as noted, adjudications are not considered convictions,[100] and all records that have been expunged are deemed to not exist.[101]

If a youth applies for state financial aid must he or she disclose juvenile arrests or adjudications?

            Eligibility for the only statewide grant, the Oregon Opportunity Grant, is dependent on the FAFSA information, which only inquires about convictions, not adjudications.[102]  There is no requirement to disclose a juvenile record or applications for scholarships, where the university provides a general application.

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect the chances of becoming a foster parent or adopting a child?

            DHS has determined that persons who engage in certain criminal conduct may not be qualified to be a foster or adoptive parent because the conduct is fundamentally inconsistent with any responsibility for care, treatment or supervision of children.[103]  A person cannot become a foster or adoptive parent if convicted of certain enumerated crimes, including murder and sexual assault.[104]  A person convicted of a crime, other than those crimes excluded under the statute, may become a foster or adoptive parent if an exception is granted.[105]

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?

            Oregon follows Dept. of Housing and Urban Development v. Rucker,[106] and federal statutes and regulations in requiring disclosure of criminal records for public housing.[107]  In addition, under federal guidelines, households that include a juvenile who must register as a sex offender will be banned from public housing forever.[108] Households which include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.[109]

            A household may also be banned from public housing if a housing provider determines that a member iscurrently engaged in the illegal use of a controlled substance or if the housing provider has a reasonable belief that a household member’spattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premise by other residents.[110]  When considering whether to admit a household that was formerly rejected due to a member’s illegal drug usage, the housing provider may consider a member’s rehabilitation as evidenced by completing or participating in treatment.[111]

            A housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.[112]

Can having a juvenile record affect a driver’s license or permit?

            A juvenile’s license is revoked for conviction of aggravated vehicular homicide, any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a vehicle, failure to perform the duties of a driver to injured persons, conviction as a result of killing person(s) in an accident, perjury or the making of a false affidavit to the Department of Transportation under any law of the state requiring the registration of vehicles or regulating their operation on the highway, or any felony with a material element involving the operation of a vehicle.[113]   Furthermore, the juvenile can lose his license for conviction of reckless driving, failure to perform duties of a driver when property is damaged, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a vehicle, fleeing or attempting to elude a police officer, reckless endangerment of highway workers, theft, criminal trespass involving the operation of a vehicle, or assault in the second, third or fourth degrees resulting from the operation of a vehicle.[114]  In addition, driving privileges are denied for a youth offender aged thirteen to seventeen for possession of a firearm in a public building[115] and for delivering, manufacturing or possession of controlled substances.[116]  Privileges are denied to a youth offender aged thirteen to twenty years old for possession, use or abuse of alcohol.[117]

 

Special Offender Registries (Sex, Domestic Violence, Predatory)

When will a juvenile have to register?

            A juvenile must complete a sex offender registration form when the person is adjudicated on a sex offense and placed on probation.[118]   Additionally, the juvenile must complete a sex offender registration form when the person is discharged, paroled, or on supervised or conditional release from a correctional facility at which the person was convicted of a sex crime.[119]  Further, a juvenile must complete sex offender registration if the person is: (1) paroled to Oregon after having been found by another United States court to have committed an act while the person was under eighteen years of age that would constitute a sex crime if committed in Oregon by an adult; (2) discharged or placed on conditional release by the juvenile panel of the Psychiatric Security Review Board after having been found to be responsible except for insanity for an act that would constitute a sex crime if committed by an adult; or (3) discharged by the court after having been found guilty except for insanity of a sex crime.[120]

Who has access to the offender registry?

            Upon request, the Department of State Police, a chief of police or a county sheriff shall release any information of the sex offender that is deemed necessary to protect the public, except the identity of the victim.[121]

Is there any relief for those on the offender registry?

            An individual may file a petition for relief no sooner than two years after the termination of juvenile court jurisdiction.[122]  If a youth petitions for relief within three years of the termination of juvenile court supervision, the state has the burden of establishing by clear and convincing evidence that the youth is not rehabilitated and poses a continued threat to public safety.[123]  If a youth files the petition between three and five years after termination of juvenile court jurisdiction, the youth has the burden of proving by clear and convincing evidence that he is rehabilitated and does not pose a threat to public safety.[124]  If a youth commits a sex offense, the youth and state may stipulate that the person may not petition for relief from sex-offender registration, in return for having the case handled by the juvenile court.[125]

What information is disclosed?

            If the sex offender is under the supervision of the Oregon Youth Authority or a county juvenile department, the Department of State Police, chief of police or county sheriff shall disclose only the offender’s name and year of birth, city and zip code where offender resides, name and contact information of the offender’s supervisor, and the offender’s school or workplace.[126]  In addition, an agency that supervises a sex offender shall release, upon request, any information that may be necessary to protect the public concerning the sex offender.[127]

            Sex offender information may be made available to the public, without need for a request, by electronic or other means.[128]   Information about persons who are under supervision for a first offense is accessible only by the use or the sex offender’s name.[129]  For all other sex offenders, the information may be made accessible in any manner the department chooses.[130]  If a person is determined to be a predatory sex offender or a sexually violent dangerous offender, certain information is required to be made public on the Internet.[131]




[1]  Or. Rev. Stat. § 419A.250 (2009).

[2]  Or. Rev. Stat. § 419A.255(5)(6) (2009).

[3]  Or. Rev. Stat. §§ 137.705(1)(a); (4)(a) (2009) (listing all offenses for which juveniles above the age of fifteen are subject to being charged as adults).

[4]Or. Rev. Stat. § 137.707 (2009).

[5]Or. Rev. Stat. § 419C.005(1) (2009).

[6]Or. Rev. Stat. § 419C.133 (2009).

[7]Or. Rev. Stat.§ 419C.400(5) (2009).

[8]Or. Rev. Stat. § 419A.004(35) (2009).

[9]Or. Rev. Stat. § 419A.004(37) (2009).

[10]Or. Rev. Stat. § 419A.004(35) (2009).

[11]Or. Rev. Stat. § 419A.004(37) (2009).

[12]Or. Rev. Stat. § 419C.349 (2009).

[13]Or. Rev. Stat. § 419C.352 (2009).

[14]Chew v. State, 855 P.2d 1120, 1122 (1993)(“Federal courts have held that, under the United States Constitution, attorneys are not required to inform clients of the collateral consequences of a guilty plea.  The same is true under Or. Const. art. I, § 11. Neither the state constitution nor the federal constitution required petitioner's attorney to inform him of the collateral consequences of his plea.”).

[15]Oregon State Bar,Board of Governors, Principles and Standards for Counsel in Criminal, Delinquency, Dependency and Commitment Cases, Standard 2.9(1)(r)(revised Feb, 2007), available at http://www.osbar.org/surveys_research/performancestandard/index.html(last visited April 17, 2011) (“A lawyer should be fully aware, and ensure the client is fully aware of…collateral consequences of conviction or juvenile adjudication. . . .”).

[16]Or. Rev. Stat. § 419A.255 (2009); see also Becky Orf, Oregon Judicial Department juvenile staff attorney and former juvenile court judge.

[17]Or. Rev. Stat.§ 419C.400(5) (2009).

[18]Or. Admin. R. 416-180-0000 (2011).

[19]Or. Rev. Stat. § 419A.250(3) (2009).

[20]Or. Rev. Stat. § 419A.250(4) (2009).

[21]Or. Rev. Stat. § 419A.255(1) (2009); Or Admin. R. 416-105-0030 (2011).

[22]Or. Rev. Stat. § 419A.255(2) (2009).

[23]Or. Rev. Stat. § 419A.255(3) (2009).

[24]Or. Rev. Stat. § 419A.255(7) (2009).

[25]Or. Rev. Stat. § 419A.255(5) (2009).

[26]Or. Rev. Stat. § 419A.255 (8) (2009).

[27]Or. Rev. Stat. § 419A.255(1) (2009).

[28]Or. Rev. Stat. § 419A.256(1)(a) (2009).

[29]Or. Rev. Stat. § 419A.255(2) (2009).

[30]Or. Rev. Stat. § 419C.106(1) (2009).

[31]Or. Rev. Stat. § 419C.250(2) (2009).

[32]Or. Rev. Stat. § 419A.255(2) (2009); see also Bruce Armstrong, Marion County Counsel and Robyn Cole, retired Public Policy and Government Relations Manager, Oregon Youth Authority.

[33]Or. Rev. Stat. § 419A.255(2) (2009); see also Bruce Armstrong, Marion County Counsel and Robyn Cole, retired Public Policy and Government Relations Manager, Oregon Youth Authority.

[34]Or. Rev. Stat. § 419C.473 (2009); Or. Rev. Stat. § 137.076(2009).

[35]Or. Rev. Stat. § 419A.255(1) (2009).

[36]Or. Rev. Stat. § 192.501 (2009); Or. Rev. Stat. § 192.502 (2009).

[37]See Or. Rev. Stat. § 419A.255(5)(6) (2009).

[38]Bruce Armstrong, Marion County Counsel and Robyn Cole, retired Public Policy and Government Relations Manager, Oregon Youth Authority.

[39]  Or. Rev. Stat. § 419A.260 (2009).

[40]  Id.

[41]  Or. Rev. Stat. § 419A.260(1)(b)(A) (2009).

[42]  Or. Rev. Stat. § 419A.260(1)(b)(B) (2009).

[43]Or. Rev. Stat. § 419A.260(1)(d) (2009).

[44]  Or. Rev. Stat. § 419A.262(2) (2009).

[45]Or. Rev. Stat. § 419A.262(4)(a) (2009).

[46]Or. Rev. Stat. §§ 419A.262(2)(a)-(e) (2009).

[47]Or. Rev. Stat. § 137.225(5) (2009).

[48]Or. Rev. Stat. § 419C.610 (2009).

[49]State ex rel. Juvenile Dept. of Multnomah County v. Tyree, 187, 33 P.3d 729, 734 (Or. Ct. App. 2001)(“When an order is set aside, the records of both the original finding of jurisdiction and the order setting it aside remain physically intact.”).

[50]Or. Rev. Stat. §§ 419A.250(5)(d)(A-C) (2009).

[51]Id.

[52]Or. Rev. Stat. § 419A.262(2) (2009).

[53]Or. Rev. Stat. §§ 419A.262(8)-(9) (2009).

[54]Or. Rev. Stat. §§ 419A.262(10)(a)(A-B) (2009); Or. Rev. Stat. § 419A.262(3) (2009).

[55]Or. Rev. Stat. § 419A.262(10)(b) (2009).

[56]Or. Rev. Stat. § 419A.262(11) (2009).

[57]Or. Rev. Stat. § 419A.262(3)(5)(7)(10) (2009).

[58]Or. Rev. Stat. § 419A.262(11) (2009).

[59]Or. Rev. Stat. § 419A.262(12)(a) (2009).

[60]Or. Rev. Stat. § 419A.262(12)(b) (2009).

[61]Or. Rev. Stat. § 419A.262(13)(b) (2009).

[62]Or. Rev. Stat. § 419A.262(16) (2009).

[63]Or. Rev. Stat. § 419A.262(17) (2009).

[64]Id.

[65]Or. Rev. Stat. § 419A.262(18) (2011).

[66]Or. Admin. R. 416-140-0040 (2011).

[67]Or. Admin. R. 416-140-0040(1-2) (2011).

[68]Or. Admin. R. 416-140-0040(3) (2011).

[69]Or. Admin. R. 416-140-0040(4) (2011).

[70]Or. Rev. Stat. § 419A.262(19) (2009).

[71]Id.

[72]Or. Rev. Stat. § 419A.262(20) (2009).

[73]Daniel A. Cross, The Delinquency Disposition, Juvenile Law, Oregon State Bar Continuing Legal Education, page 28-7 (2007).

[74]Id.

[75]Id.

[76]Id.

[77]Or. Rev. Stat. §§ 419A.255(5)-(6) (2009).

[78]Or. Rev. Stat. § 419A.262(19) (2009).

[79]Or. Rev. Stat.§ 670.290(1) (2009).

[80]Or. Rev. Stat. § 670.290(2) (2009).

[81]Or. Rev. Stat. § 181.560(1)(a) (2009).

[82]Or. Rev. Stat. § 181.560(1)(a)(C) (2009).

[83]Or. Rev. Stat. § 419A.262(20) (2009).

[84]Or. Rev. Stat. § 419A.262(20) (2009); see also Or. Rev. Stat. § 419C.400(5) (2009).

[85]Or. Rev. Stat. §339.250(1) (2009).

[86]Or. Rev. Stat. §339.250(3)(2009).

[87]Portland Public Schools, Guide to Polices, Rules and Procedures on Student Responsibilities, Rights and Discipline, at 23, available at http://www.pps.k12.or.us/files/student-services/Guide2010.pdf(last visited April 17, 2011).

[88]Id. at 35 (Portland Public School District policies state “[r]ules concerning alcohol/drug related activity apply to all District athletic program participants seven days a week, 24 hours a day, at any location during the entire session.”).

[89]Or. Rev. Stat. §339.252 (2009).

[90]Or. Rev. Stat. §§339.250 (9)-(11) (2009).

[91]Or. Rev. Stat.§ 339.250(5) (2009).

[92]Id; see alsoOr. Admin. R. 581-021-0070 (2011).

[93]Or. Admin. R. 581-021-0065(1) (2011).

[94]Id.

[95]Or. Admin. R. 581-021-0070(1) (2011).

[96]Or. Admin. R. 581-021-0070(1)(a) (2011).  At the hearing the child will be provided an interpreter, if necessary; may be represented by counsel or other persons; will be permitted to present evidence; will be permitted to introduce evidence by testimony, writing or other exhibits; and may make a record of the hearing.Or. Admin. R. 581-021-0070(3)(b-e)(f) (2011).

[97]Or. Admin. R. 581-021-0070 (1)(b) (2011).

[98]University of Oregon School of Law, Application, available at http://lawadmissions.uoregon.edu/docs/Law_App_2010_11.pdf(last visited April 17, 2011).

[99]Id.

[100]Or. Rev. Stat. § 419C.400(5) (2009).

[101]Or. Rev. Stat. § 419A.262(20) (2009).

[102]Free Application for Federal Student Aid, available at http://www.fafsa.ed.gov/fotw1112/pdf/PdfFafsa11-12.pdf(last visited April 17, 2011); see also Oregon Student Assistance Commission, Oregon Opportunity Grant, available at http://www.getcollegefunds.org/ong.html(last visited April 17, 2011).

[103]Or. Admin. R. 413-120-0450(1) (2011).

[104]Or. Admin. R. 413-120-0450(4)(crimes include: Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery; Intentional starvation or torture; Abuse or neglect of a child; Spousal abuse; Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child; Sodomy or sexual abuse; or a child as the victim (including child pornography)).

[105]Or. Admin. R. 413-120-0450(7); Or. Admin. R. 413-120-0450(3) (2011).

[106]Dep't of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002).

[107]Michael M. Liu, Termination of Tenancy for Criminal Activity, Notice from the U.S. Dept. of Housing and Urban Development, Office of Public Housing and Indian Housing, March 21, 2002 at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_9100.pdf(last visited Apr. 17, 2011).

[108]42 U.S.C. § 13663(a) (2010).

[109]42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).

[110]24 C.F.R. § 966.4(l)(2)(iii) (2010); 24 C.F.R. § 966.4(l)(5)(i)(B) (2010) (“In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug”).

[111]42 U.S.C. § 13661(b)(2) (2010); 24 C.F.R. § 982.553(a)(1)(i)(A) (2010) (The household may be readmitted if “the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA”).

[112]Id.

[113]Or. Rev. Stat. § 809.409 (2009).

[114]Or. Rev. Stat. § 809.411 (2009).

[115]Or. Rev. Stat. § 166.370 (2009); Or. Rev. Stat. § 809.260(1) (2009).

[116]Or. Rev. Stat.  § 809.260(1) (2009).

[117]Or. Rev. Stat. § 809.260(2) (2009).

[118]Or. Rev. Stat. § 181.596(2)(b) (2009).

[119]Or. Rev. Stat. §§ 181.595(2)(a)(A-C) (2009).

[120]Or. Rev. Stat. §§ 181.595(2)(c-e) (2009).

[121]Or. Rev. Stat. § 181.592(3)(2009).

[122]Or. Rev. Stat. § 181.823(1)(a) (2009).

[123]Or. Rev. Stat. § 181.823(2)(a) (2009).

[124]Or. Rev. Stat. § 181.823(2)(b) (2009).

[125]Or. Rev. Stat. § 181.823(10) (2009).

[126]Or. Rev. Stat. § 181.592(2)(b)(2009).

[127]Or. Rev. Stat. § 181.592(2)(c) 2009.

[128]Or. Rev. Stat. § 181.592(4)(a) (2009).

[129]Id.

[130]Id.

[131]Or. Rev. Stat. § 181.592(4)(d) (2009).  The person’s name and address; physical description of the person; vehicle; conditions upon the person’s probation, parole, post-prison supervision or conditional release; description of the person’s primary and secondary targets and description of method of offense; current photograph of the person; If the person is under supervision, the name or telephone number of the person’s parole and probation officer; If the person is not under supervision, contact information for the Department of State Police.Or. Rev. Stat. § 181.592(4)(d) (2009).
 

Resources/Links

 
State of Oregon Office of Public Defense Services
http://www.oregon.gov/OPDS/
City of Eugene City Prosecutor's Office
http://www.eugene-or.gov/portal/server.pt?space=CommunityPage&control=SetCommunity&CommunityID=721&PageID=0
Oregon Youth Authority
http://www.oregon.gov/OYA/index.shtml
Oregon Juvenile Department Directors Association
http://www.ojdda.org/
Oregon Department of Education- Youth Corrections/Juvenile Detention Education Programs
http://www.ode.state.or.us/search/results/?id=158
United States Attorney for the District of Oregon
http://www.justice.gov/usao/or/