Or. Admin. Code § 166-150-0080
Current through Register Vol. 63, No. 12, December 1, 2024
Section 166-150-0080 - County Juvenile Department Records(1)Delinquent Case Files, Adjudicated (Formal) Series documents cases of minors who fall under the jurisdiction of the Juvenile Department because they have committed an act, which would be a criminal offense if done by an adult, and whose cases are adjudicated by the Juvenile Court. Records may include but are not limited to police reports, correspondence, formal accountability agreements, intake assessments, referrals from other agencies, school records, psychological evaluations, fingerprints, disposition records, counselor's record of client contact, social histories, card files, court reports, court orders, petitions and pleadings, risk assessments, referrals to residential placement centers, and related documentation. SEE ALSO Juvenile Temporary Custody Records in the Law Enforcement section. (Minimum retention: (a) Until court ordered expunction (ORS 419A.262) (b) If the crime is defined by ORS 419A.260(J): Retain until court ordered expunction (c) If case not expunged: Until the individual is 25 years of age and the case closed for 3 years)(2)Delinquent Case Files, Informal Series documents cases of children who fall under the jurisdiction of the Juvenile Department, but whose cases have not been adjudicated by the Juvenile Court. Minors are referred to the department by the police if they have committed an act that would constitute a criminal offense if committed by an adult. Informal delinquent cases are those cases in which no official court action was taken and may include cases that were not legally sufficient to adjudicate and therefore no action was taken by the District Attorney. Records include but are not limited to police reports, correspondence, formal accountability agreements, intake assessments, referrals from other agencies, school records, psychological evaluations, fingerprints, victim restitution records. Supervision fee records are transferred to the offender's case file after the case has been terminated. SEE ALSO Juvenile Temporary Custody Records in the Law Enforcement section. (Minimum retention: (a) Until court ordered expunction (ORS 419A.262) (b) If case is not expunged: Until the individual is 18 years of age and the case has been closed for 3 years)(3)Dependency Case Files Series documents cases involving children who have been placed in the custody and/or supervision of the State Office for Services to Children and Families by the Juvenile Court because of their welfare was endangered. Although the county Juvenile Department may not provide services, they maintain a file on the child for informational purposes, in case the child later becomes involved in criminal activities, or because the court directs the Juvenile Department to perform investigations such as home studies or custody studies. The Juvenile Department may act as liaison between the court and the State Office for Services to Children and Families for assisting in the legal intervention for the child. Records may include but are not limited to petitions, citizen review board reports, court reviews, legal correspondence from attorneys, working notes, related documentation, and correspondence. (Minimum retention: (a) Until court ordered expunction (ORS 419A.262) (b) If case is not expunged: Until case closed for 10 years or individual is 23 years of age)(4)Detention Use Reports Series documents the use of detention facilities by the Juvenile Department. The log which tracks use of detention facilities is compiled monthly and may include but is not limited to the name of the youth, reason for detention, dates of detention and release, and the name of the probation officer assigned to the youth. Statistics are used for budgeting purposes and for reporting to the community and to the county commissioners. (Minimum retention: Until the individual is 18 years of age)(5)Informal Restitution Records Series documents the payment of restitution to victims in informal cases involving children who fall under the jurisdiction of the Juvenile Department, but whose cases have not been adjudicated by the Juvenile Court. Records may include but are not limited to the name and address of the youth, name and address of the victim, amount owed, payment schedule, and related documentation. When the case is terminated, victim restitution records are placed in the offender's case file. (Minimum retention: 3 years after payment or deemed uncollectible)(6)Supervision Fees Series documents payment of supervision fees paid by the youth to the Juvenile Department upon order of the court. Records include payment information and are transferred to the youth's case file when the case is terminated. (Minimum retention: 3 years after payment or deemed uncollectible)(7)Special Programs (Diversion Programs) Series describes programs that are implemented by county juvenile departments that act as diversions to first and second time misdemeanor offenders. The programs are individual to each respective county department and may not exist in every county juvenile department. Programs may include but are not limited to assault diversion, trespass diversion, anger management and conflict resolution, work crew programs, victim offender mediation, and intake programs for low-risk offenders. (Minimum retention: Until the individual is 18 years old)Or. Admin. Code § 166-150-0080
OSA 4-2004, f. & cert. ef. 9-1-04Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192.005-192.170 & 357.805 - 357.895