Bill To Govern Juvenile Courts May
Be Presented at Next Legislature
Br JOE COWLEY
Mail Tribune Staff Writer
A state juvenile code will
be one of the bills to be pre
sented to the state legislature
in January by the interim
committee, state bar associa
tion, the Oregon Supreme
Court, and the Oregon Juve
nile Council.
One of the more important
provisions of this code, or pro
posed bill by the legislative
interim committee on judicial
administration, is that the ju
venile court is given original
nd exclusive jurisdiction of
all persons under 18 years of
ge.
Another provision is that
the court may appoint an at
torney if the guardian or per
son appearing with the child
cannot afford one.
Bated on Recommendation
This section is based upon
a recommendation in the sur
vey report submitted to the
interim committee by a staff
composed of members of the
National Probation and Pa
role association.
Confusion and inconsistent
treatment of juvenile offend
ers has resulted from the pres
ent varied practice of jurisdic
tion over juvenile offenders.
The proposed code would in
clude both traffic cases and
fish and game violations un
der juvenile court jurisdic
tion. The practice of referring
some cases involving juve
niles through the adult courts
could set youngsters on the
criminal road," the report
stated. Otherwise, proper
counseling might straighten
out the would-be criminal.
Reasons Exist
A variety of reasons now
exist for sending juvenile
cases to adult courts instead
of to juvenile courts.
The report to the interim
committee states: "In the ob
sence of a law giving the ju
venile court original and ex
clusive jurisdiction, it is un
likely that police agencies
will refer juvenile matters if
they feel a juvenile judge is
little interested, or that his
juvenile department is incom
petent.
A child can be sent from
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juvenile court to criminal or
.umcipai court for trial if he
is 16 years old or older when
remanded The juvenile court
also may decide the case can
be settled more effectively by
the adult court.
May Issue Order
Juvenile court may issue an
order that all traffic cases in
volving juveniles be sent to
adult courts. The order would
include a stipulation that the
adult courts notify the juve
nile court when a defendant
is less than 18 years of age.
Then, the juvenile court may
direct the case to be trans
ferred to juvenile court if
such action seems indicated.
The proposed law also
states that a brief written re
port must be filed with the
court or juvenile deparment
by the arresting officer soon
after the child is taken into
custody, and the child's par
ents notified by the appre
hending agency. This is in
line with a statement in the
survey report which states
juvenile cases in Oregon are
frequently disposed of with
out the judge receiving a full
written report.
Reports by Counselors
Reports by juvenile coun
selors to the court should in
form the court of the results
of the social investigation and
make recommendations re
garding disposition, according
to the report to the interim
committee.
"They are of limited value
if too brief to give essential
information, or if the investi
gating counselor is not orient
ed to case diagnosis and treat
ment," the report stated. .
Reports are intended as an
aid to the court in making
the best disposition for each
individual case, the report ex
plained. Other purposes are
to secure the necessary treat
ment or rehabilitation in
cases of neglect and delin
quency, to protect the wel
fare of the community at all
times.
Information Secured
Information on such court
reports was secured from 26
counties. (The ten mission
counties include the nine
having no juvenile depart
ment at the time of the sur
vey.) Written reports are not
prepared in five of tiiese
counties, sometimes prepared
in eight counties and always
prepared in 13 counties.
Most of the reports exam
ined by the National Proba
tion and Parole association
committee lacked social his
tory of the case, evaluation
of behavior, causes for the de
linquency and a suggested
treatment plan.
Main reasons for lack of
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good reports, as given by the
committee, seemed to be coun
selors were overworked and
no way of securing medical,
psychological and psychiatric
information.
Traffic Violation
In case of a traffic viola
tion, the court may recom
mend a driver's license or per
mit be suspended and may
order the juvenile offender
attend a traffic school or dri
ver training program, accord
ing to the proposal.
Also, witnesses for the
state or in behalf of the child
may be subpoenaed. Notes or
other transcript of the hear
ings shall be taken when re
quired by a court of record,
according to another section
of the bill.
Facts of the case must be
given in a petition showing
why the case should be
brought to juvenile court.
These facts must be estab
lished firmly by evidence, ac
cording to the proposed bill.
Order Entered
When the hearings end, an
order must be entered direct
ing disposition of the case.
These stipulations are in
keeping with the study rec
ommendations which state
uniform procedures should be
used for handling juvenile
court matters.
The committee learned that
approximately 1,100 cases of
a reported 7,100 cases ap
pearing before juvenile court
were dismissed at the time of
the hearing. This means that
the juvenile courts in Oregon
are used frequently for only
warning or scolding juve
niles. When it is proven a child
is within the court's jurisdic
tion he may be made a ward
of the court. This means that
the court may place the child
on probation or under protec
tive supervision, according to
the suggested bill. Require
ments may be set by the court
restricting the child's activi
ties, associates and general
environment.
Interstate Compact
The bill also provides a ju
venile interstate compact or
agreement can be made allow
ing the child to live in anoth
er state while on probation or
under protective supervision.
Or, the child may be placed
in an institution or with an
agency of another state. The
NPPA report recommends
such procedure be established.
This keeps the case open if
the minor still needs super?
vision, yet moves out of the
state. . ,
Present practice is to close
the case when the, family
moved from the county. The
proposed code provides proce
dure for inter-county transfer
of juvenile court wards with
in the state.
The proposed bill also pro
vides for establishing a juve
nile detention home. It states
that a child shall be placed
in a "shelter" home for tem
porary custody unless it is
against public interest.
Limit in Station
"No child shall at any time
be detained in a police sta
tion, jail, prison or other
place where adults are de
tained," the suggested bill
emphasizes. Three hours is
the limit for keeping a child
in a police station, the code
states.
Exceptions to this rule are
when a child is remanded or
sent to a criminal court, when
it is to the public interest or
that of the child's to keep
him in jail, where a suitable
children's detention facility is
not available.
The report quotes from
Oregon law: "Children under
14 shall not be committed to
jail or be confined with adult
convicts. No court or magis
trate shall commit a child
under 14 year of of age to jail
or police station.".
The report explains that
shelter care is only temporary
care given childern in such
places as foster homes and re
ceiving homes which are not
restricted. This section of the
report ends with a statement
that in 1957 boys and girls
were kept in Oregon jails on
2,123 occasions.
Important Provision
Another important provi
sion of this deals with ap
pointment of a juvenile ad
visory committee. Jackson
and Lane counties lead the
state in this respect. Douglas
county has a new advisory
committee and other counties
are either organizing them or
showing interest, according to
Mrs. Kay Crowell, Jackson
county juvenile department
supervisor.
This provision states that
juvenile court judges of each
county with more than 10,
000 in population must, and
other juvenile court judges of
ether counties may, appoint a
juvenile court advisory coun
cil. This will be made up of
seven directors and other
members may be appointed.
Duties of the council, ac
cording to the proposed bill,
are to study and make rec
ommendations on operation
of the juvenile court, to study
and. make recommendations
Farm Hand Held
In Yoman'sDealh
Troutdale - (HPD - Barnet
Polley, 41, a farm laborer,
was held in Mutnomah coun
ty jail yesterday while sher
iff's officers investigated the
death of Gladys Mildred
Stambaugh, 43.
The woman was pronounc
ed dead Friday night by a
Troutdale doctor. She had ap
parently been beaten about
the head and body but police
said cause of death will have
to be determined by a cor
oner's autopsy.
Detectives said the two had
been living together and had
been involved in an alterca
tion Thursday night.
Polley told officers that the
Stambaugh woman had spent
the day in bed Friday. He said
he became alarmed when she
stopped breathing and alerted
neighbors who called a doctor.
Oregon Vets Set Remarkable Record
Oregon veterans with Fed
eral GI home loans have set
for themselves a remarkable
record of paying off home
mortgage debts, according to
S. T. Brannock, officer in
charge, Veterans administra
tion office, Medford.
Brannock said that out of a
total of 212,000 World War II
and Korean Conflict veterans
in Oregon, GI home loans had
been made to 30,350 since the
program was launched in De
cember, 1944.
Of the total, 9,074 have been
paid in full by the veteran
borrowers, he said. He added
that the VA has paid claims
on only 189 out of all loans
made in Oregon.
, Stuttgart, Germany -JUPD -West
Germany is taking steps
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of Nazi criminals. The Baden
Wuertemberg state ministry
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and coordinating prosecution
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Young Man Killed
By Fumes In Garage
Portland-(UPD-Harry R. Van
Alst, 22, of Portland, died
Friday evening, apparently
from carbon monoxide fumes.
The young man's body was
discovered in the closed ga
rage of his home by his par
ents, Mr. and Mrs. Vernon
Van Alst, when they returned
home about 5:45 p.m.
Deputy coroner Rdss Wood
ward said the hood of the car
was up and there was evi
dence that Alst had been
working on the engine. Wood
ward estimated Alst had been
dead about five hours when
his body was found.
for community programs and
services to prevent or correct
juvenile delinquency, to stim
ulate community interest in
children's problems and that
the county court may make
appropriations for the coun
cil's activities '
Referee Appointed
A "referee may be appointed
by the juvenile court judge to
hear juvenile cases and make
a full report and recommen
dations, both in writing. The
juvenile and guardian, or per
son appearing with him, may
request a hearing before' the
judge within three days after
appearing before the referee.
' One important recommen
dation of the NPPA survey,
but not included in the pro
visions of the proposed code,
is that of creating a state
agency organization. This
would be a juvenile court
services bureau within the
framework of the state de
partment of public welfare,
child welfare division. In the
report, this is recommended
as "the most flexible alterna
tive." .
Functions of such a bureau
would be:
1. To work with juvenile
courts and other agencies to
determine the conditions and
needs for services to children
and youth (such information
would be given the public).
Work to Prevention
2. To get citizens and
agency, representatives to
work toward prevention and
treatment of delinquency.
3. To assist in making sur
veys on development of need
ed juvenile court, probation,
detention and other, services.
-4. To work with agencies
in inspecting foster homes and
facilities for placement of
juveniles.
5. : To provide detention
care service for children and
youth.
6. To furnish casework con
sultation to juvenile court
staff. ;
7. To recruit persons for
juvenile court appointment as
counselors, work with local
and state agencies in return
ing children to their home
communities, gather and dis
tribute statistical information
on a local and state-wide ba
sis and do research.
Arguments for this propo
sal is that . counties cannot
achieve goals of successful
juvenile work through inde
pendent and uncoordinated
efforts. ,
The welfare department
already has the trained per
sonnel to . supervise such a
program and already has cer
tification of- foster homes
under its jurisdiction and
compiles juvenile court sta
tistics for the U. S. Childrens'
bureau.
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