Understanding the Juvenile Court Process

When juveniles commit crimes and cause injury or loss to victims, there are several steps that must occur before the case can be resolved and the victim can receive restitution. Knowing what happens in the Juvenile Court process may help alleviate concerns and provide an understanding of what to expect.

Investigation

First, the crime is investigated by law enforcement. Once the youth is arrested, the police consult with Juvenile Department staff to determine if the youth will return home or is to be detained or placed elsewhere.

Referral

Criminal activity committed by a person under the age of 18 years -- who reside in Polk County -- must be referred to the Polk County Juvenile Department by a law enforcement agency.

Referral Review

The Juvenile Department then determines the level of intervention the youth requires. Initial considerations include severity of the crime and the youth's history of referrals. Most all first-time Class A Misdemeanors and lower offenses -- if the youth qualifies -- are sent to the department's diversion program -- Sanction Court. Occasionally, a youth may be sent directly to a community program for resolution, such as the Victim-Offender Reconciliation Program, community service, education class or counseling. The case may be assigned to a probation officer for further action, or closed if the District Attorney's Office determines that the charge is not legally sufficient.

Probation Officer Assignment

If the case is assigned to a probation officer, an intake interview is scheduled with the youth and parents or guardians. The probation officer must consider several factors in determining how to handle the case, including victim input, amount of restitution, public safety issues, and seriousness of the incident, prior referral history and services the youth and family need to prevent further criminal behavior. At the interview, the youth informs the probation officer whether he/she will admit the allegations, deny the allegations, or if they want to consult an attorney before proceeding.

At the time the probation officer schedules the interview, victims are sent a Victim's Packet with documents required for us to proceed if restitution is to be considered in the case. The packet includes an introduction letter and brief explanation of what to do, a Victim Restitution Preference form, Victim Loss Statement and Victim Impact Statement. All of these documents are critical to ensure that the victim's rights are considered, and need to be returned promptly to the probation officer.

The Youth Admits

If the youth admits the criminal activity at the intake interview, two things can happen:

The youth may sign a contract called a Formal Accountability Agreement (FAA), which requires the youth to complete specific conditions, including restitution payment to the victim. This does not involve a court appearance by the youth or the victim. Most FAA contracts last from 90 -- 120 days,

- or-

The youth goes to court for a preliminary hearing, admits to the criminal charges, and is placed on probation. The Judge orders probation conditions, including payment of restitution, community service and generally no contact with the victim. Victims will be notified and may appear at this "pre-hearing" before the Court. Juvenile probation can last from 6 months to 5 years, or until age 23, depending on the youth's risk to self, family and community.

The Youth Denies

If the youth denies the criminal activity, the youth can request an attorney and the matter will be set for a court hearing. Hearings in juvenile court can happen very quickly. Therefore, it is important that restitution information and the victim impact statements be returned to the Juvenile Department staff promptly. If the victim wants to be involved with the court process, it is important for the victim to maintain contact with the probation officer. There may be a series of court hearings before final resolution of the matter. Be sure to check in with the probation officer prior to the youth's court hearing to ensure that the hearing is still scheduled, as well as to advise you are present for the hearing.

Court Process

All youth referred to the Court must attend the following hearings:

Preliminary Hearing -- First court appearance; charges are read and youth is advised of rights; attorneys are appointed and pleas are entered
Adjudication -- A trial is conducted in the same manner with the same rules as an adult hearing. However, there is no jury. A Judge determines whether a youth is within the jurisdiction of the court (guilty) or not.
Disposition -- The Judge determines disposition (sentence) based on information provided by the District Attorney and Juvenile Department Probation Officer, Defense Attorney and victim statements.

Restitution

The court can order the youth to pay restitution for physical injury, counseling and for property taken, damaged or destroyed by the juvenile offenders.

Victims must document the actual loss and furnish written documentation to the probation officer.
The Juvenile Court cannot order lost wages, pain and suffering or mileage expenses (Crime Victims Compensation may cover these expenses).
When restitution is ordered by the Juvenile Court, the youth is expected to pay, not the parent.
By law, the Court is required to consider the youth's age and ability to pay when determining a reasonable amount of restitution. If the restitution claim is disputed by the youth, a restitution hearing will be set. The Judge will review all of the information submitted and make a decision regarding the amount of restitution that will be ordered.
If more than one youth is found to be responsible for the crime, the Court will order restitution in the full amount to each involved youth. This is called "joint and several." Each youth will pay towards the restitution obligation, regardless of their "share." Restitution is considered to be complete when the victim receives the total amount that was ordered by the court, no matter which youth made the payments.

When Restitution is Ordered

Payments toward restitution are made by the youth as he/she is able to pay. Payments ordered by the Court are made to the State of Oregon (to the Polk County Trial Court Clerk's Office -- (503) 623-3154) who is responsible for disbursing the money to the victim. Payment of restitution on informal cases is to be disbursed by the Juvenile Department. In either case, for payment to reach the victim, it is important that the victim provide the probation officer with any change of address. The Court normally will not terminate the youth's probation until all restitution is paid, or until five years have elapsed. At the time of termination, if any restitution remains unpaid, a civil judgment against the youth may be ordered.

The Constitution of Oregon and Victims' Rights

The Oregon Constitution specifically addresses the rights of victims in Juvenile Court Delinquency proceedings. View a summary of those rights.

As the victim of a crime, you may request that your address and phone number be kept from the youth offender. Contact the District Attorney's Office at (503) 623-9268 and the probation officer.

Alternate Options for Restitution

Civil action against the youth's parents.
Victim Offender Reconciliation and Community Mediation Program of Polk County -- (503) 623-3111.
Crime Victims' Compensation Program -- (503) 378-5348. (This option may be pursued within 6 months of the crime being committed.)