In Juvenile Court

This list is not all-inclusive and is not intended to be legal advice or an agreement to provide legal advice or representation. If you have any questions about victims’ rights in an Oregon juvenile court, please contact the Oregon Crime Victims Law Center.

              

If the offender is a juvenile whose case is being adjudicated in an Oregon state juvenile court, victims’ rights include the following:

Contents

  1. 1 Right to Notice
  2. 2 Right to Presence and Participation
  3. 3 Legal Representation
  4. 4 Right to Protection
  5. 5 Other Rights
  6. 6 Additional Rights Available to Victims of Sex Offenses
  7. 7 Additional Rights Available to Victims of Driving Under the Influence of Intoxicants Offenses

Right to Notice

The right to notice includes the right to be:
  • Informed of victims’ rights under the Oregon Constitution as soon as practicable. Or. Const. Art. I § 42(1)(g) and (2), ORS 419C.273(1)(b)
  • Notified in advance of any detention hearing. (A victim must request this right.) ORS 419C.142(1)(c), ORS 419.273(2)(a)(A). See also ORS 419C.153.
  • Notified in advance of any “critical stage” of the case that takes place in open court when the youth offender will be present. (A victim must request this right.) Or. Const. Art. I  § 42(1)(a), ORS 419C.273(2)–(4). “Critical stages” include the following:
  • Release hearings. SB 233 § 1(5)(a), ORS 419C.273(2)(b)(A), UTCR 4.100(1)(a). See also ORS 419C.097(2), ORS 419C.100(2).
  • Hearings relating to the rescheduling of the adjudication. SB 233 § 1(5)(c). There is no UTCR for this right.
  • Other pre-adjudication hearings. SB 233 § 1(5)(d), ORS 419C.173(2). See also ORS 419C.261(2)(b). There is no UTCR for this right.
  • Entry of pleas and formal accountability agreements. SB 233 § 1(5)(e), ORS 419C.273(4)(b)(F) and (L), UTCR 4.100(1)(c).
  • Adjudications. SB 233 § 1(5)(f) and (L), ORS 419C.273(4)(b)(F) and (L), UTCR 4.100(1)(d). See also ORS 419C.653(2).
  • Dispositions. SB 233 § 1(5)(h) and (L), ORS 419C.273(4)(b)(G), UTCR 4.100(1)(e). See also ORS 419.653(2).
  • Restitution hearings. SB 233 § 1(5)(g) and (L), ORS 419C.273(4)(b)(G), UTCR 4.100(1)(e).
  • Certain probation hearings. SB 233 § 1(5)(i) and (L), ORS 419C.273 (4)(b)(G)–(L), UTCR 4.100(1)(f).
  • Any other stage that the court determines to be “critical.” UTCR 4.100(1)(i).

 

  • Notified of the youth offender’s application to remove the offense from his record. SB 233 § 1(5)(m), ORS 419A.262(10)(b) and (13)(b). 
  • Notified of any Psychiatric Security Review Board hearings concerning the youth offender and of his conditional release, discharge, or escape. (A victim must request this right from the Psychiatric Security Review Board, (503) 229-5596.) ORS 419C.529(5)(b).

 

Right to Presence and Participation

The right to presence and participation includes the right to be present at any “critical stage” of the case that takes place in open court where the youth offender will be present, and to be heard at any pre-adjudication release hearing and at disposition. Or. Const. Art. I § 42(1)(a), ORS 419C.273(2).

Legal Representation

A victim may represent himself or may be represented by an attorney, including one from the Oregon Crime Victims Law Center or a prosecuting attorney who has agreed to represent the victim in asserting his rights. SB 233 § 2(1). 

Right to Protection

The right to protection includes the right to:

  • Obtain an order that the youth offender submit to HIV testing in certain cases. (The victim must request this right.) ORS 419C.475.
  • Have the victim’s address and telephone number not be given to the youth offender without a court order. (The victim must request this right.) ORS 419C.276(1).
  • Have the youth offender prohibited from contacting the victim, directly or indirectly, while the offender is on pre-adjudication release without a court order. ORS 419C.276(4).
  • Refuse an interview or other information to the alleged youth offender or his attorney. Or. Const. Art. I § 42(1)(c), ORS 419C.276(2)–(3).
  • Have decisions regarding the alleged youth offender’s pre-adjudication release based on the victim’s reasonable protection. Or. Const. Art. I § 43(1)(b), ORS 419C.100(2), ORS 419C.145(1)(g), (4)(i), and (5)(b), ORS 419C.176, ORS 419C.276(4)–(6).
  • Obtain a court order preventing the disclosure of certain information. ORS 135.873. Applicable to juvenile cases via ORS 419C.270(6).
  • Obtain information about the youth offender’s juvenile system history, adjudication, sentence, confinement and/or future release date, Or. Const. Art. I § 42(1)(b), and to be notified of the youth offender’s release from a youth correction facility. (A victim must request these rights.) ORS 420A.122(1)(c).

Other Rights


In addition to the rights listed above, victims in juvenile court have the right to:

  • Have the case, including adjudication and disposition, conducted with “all practicable speed.” HB 2874(1)(a).
  • Be consulted regarding plea negotiations concerning an act that would constitute a violent felony if committed by an adult. (A victim must request this right.) ORS 419C.230(3), ORS 419C.261(3).
  • Obtain prompt restitution. Or. Const. Art. I § 42(1)(d), ORS 419C.450.


Additional Rights Available to Victims of Sex Offenses

In addition to the rights listed above, victims of sex offenses have the right to:

  • Receive accurate and unbiased information about emergency contraception from a hospital and, upon request to the hospital, to receive emergency contraception immediately. ORS 435.254.
  • Bar the use of media sound- and/or visual-recording equipment in courtroom proceedings. (A victim must request this right.) UTCR 3.180(2)(d) and (6). 
  • Limit the copying and/or distribution of information concerning sexual conduct. ORS 419C.270(6).


Additional Rights Available to Victims of Driving Under the Influence of Intoxicants Offenses

In addition to the rights listed above, victims of Driving Under the Influence of Intoxicants offenses have the right to obtain the same reports and information as the defendant/driver who was involved in a vehicle collision with the victim. (A victim must request this right.) ORS 419C.270(6).

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