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Police Bureau

Sworn to protect. Dedicated to serve.

Phone: 503-823-0000

Fax: 503-823-0342

Non-Emergency: 503-823-3333

1111 S.W. 2nd Avenue, Portland, OR 97204

0850.30 Temporary Detention and Custody of Juveniles

850.30, Temporary Detention and Custody of Juveniles

Refer:

  • 42 USC § 5633, State plans
  • 28 CFR 31.303, Substantive requirements
  • ORS § 166.250, Unlawful possession of firearms
  • ORS § 419B.150-419B.17, Protective custody
  • ORS § 419.C.080, Custody, when authorized
  • ORS § 419C.097, Notice to parents, victims
  • ORS § 419C.130, Youth or youth offender may not be detained where adults are detained
  • Directive 640.13, Drug Lab Procedures
  • Directive 640.31, Custodial Interference
  • Directive 640.70, Fingerprinting and Photographing Juveniles
  • Directive 830.00, Arrest Without Warrant
  • Directive 850.20, Mental Health Crises Response
  • Directive 850.39, Missing, Runaway, Lost or Disoriented Persons
  • Directive 860.30, Citations-in-Lieu-of-Custody
  • Directive 870.25, Temporary Holding Rooms
  • Juvenile Secure Custody Log Form (Chief’s Office)
  • Intergovernmental Agreement between the Home Forward and the City of Portland

 

Definitions:

  • Juvenile Non-Offender/Protective Custody: An abused, neglected, or dependent juvenile who may be temporarily detained for his or her own safety or welfare. This includes a juvenile taken into protective custody when conditions or surroundings reasonably appear to jeopardize the juvenile's welfare or when it reasonably appears the juvenile has run away from home in accordance with ORS § 419B.150.

 

  • Juvenile Offender twelve (12) years of age and over: A juvenile twelve (12) years of age and over who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense). It also includes a juvenile who possesses a handgun in violation of ORS § 166.250. 28 CFR 31.303.

 

  • Juvenile Offender under twelve (12) years of age: A juvenile under twelve (12) years of age who is alleged to have committed a serious violent offense requires consultation with the Juvenile Detention Hall (JDH) prior to taking the juvenile into custody.

 

  • Juvenile Status Offender: A juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult (e.g. truancy, curfew, runaway, possession and/or consumption of tobacco products and/or alcohol), yet may be taken into protective custody for purpose of reuniting the juvenile with a parent, guardian, or other responsible person.

 

  • Substantial threat to safety: A substantial threat to safety means an articulable opportunity for directed aggression in order for temporary detention to be permissible. For example, a juvenile with flailing limbs or breaking property may not pose a substantial threat, while a juvenile with flailing limbs, access to weapons, and the intent to harm self, others, animals, or members may pose a substantial threat.

 

Policy:

1.  In this Directive, the Portland Police Bureau distinguishes between temporary detention and Juvenile Detention Hall (JDH) custody of juveniles under twelve (12) years of age and juveniles twelve (12) years of age and over.

2.  The Portland Police Bureau recognizes the inherent dignity of every person, including the youth in our community, whose needs differ from those of adults. The Bureau understands that giving members the authority to temporarily detain juveniles or place juveniles into custody and take them to Juvenile Detention Hall (JDH) to protect the public welfare creates an obligation to guide members as they balance important social and individual interests.

3.  The Portland Police Bureau recognizes that duty may require members to temporarily detain or place juveniles into custody.

4.  The Bureau also recognizes that temporary detention or custody may have lasting impact on the individuals involved and may impact the community at large.

5.  It is the intention of the Bureau to accomplish its mission as effectively as possible while detaining juveniles only for as long as reasonably necessary for safe processing, transfer, and release.

6.  Because the Bureau places high value on providing a positive influence towards youth, the Bureau is dedicated to providing training and resources that help members effectively engage juveniles.

 

Procedure:

1.  Temporary Detention – Juveniles under twelve (12) years of age:

1.1.  Juveniles under twelve (12) years of age may be temporarily detained when the juvenile presents a substantial threat to safety. Substantial threat to safety must involve an articulable opportunity for directed aggression in order for temporary detention to be permissible. If a member temporarily detains a juvenile under twelve (12) years of age, the member must notify their on duty supervisor and document such details within reports. 

 

2.  Custody to Juvenile Detention Hall (JDH) – Juveniles under twelve (12) years of age:

2.1.  No youth under twelve (12) years of age shall be placed into custody and taken to the Juvenile Detention Hall (JDH) except for serious, violent crimes. If a member believes a juvenile under twelve (12) years of age should be taken into custody the member must confer with their on duty supervisor; the member and the supervisor together will confer with the on duty supervisor at the Juvenile Detention Hall (JDH) to confirm authorization and plan next steps before taking action. Juvenile Detention Hall (JDH) staff may consult with a judge about the particular circumstances involved so as to plan next steps with the Bureau.

 

3.  Custody to Juvenile Detention Hall (JDH) – Juveniles twelve (12) years of age and over:

3.1.  A member may place a juvenile twelve (12)  years of age and over into custody and take them to the Juvenile Detention Hall (JDH) in the following circumstances, per ORS § 419.C.080:

3.1.1.  When, if the youth were an adult, the youth could be arrested without a warrant; or

3.1.2.  When a warrant exists.

 

4.  Measure 11 – Juveniles fifteen (15), sixteen (16), and seventeen (17) years of age:

4.1.  Probable Cause Custody:

4.1.1.  Members Responsibilities:

4.1.1.1.  Transport juveniles to Detectives for processing.

4.1.1.2.  As per adult arrests, a weekend probable cause affidavit may be required.

4.1.2.  Detectives Procedures.

4.1.2.1.  The juvenile will be brought to Detectives for interview and/or processing.

4.1.2.2.  Detectives will be responsible to coordinate completion of reports, and fingerprinting and photographing with the Forensic Evidence Division (FED), in accordance with Directive 640.70, Fingerprinting and Photographing of Juveniles. Additionally, Detectives shall confer with the Juvenile Detention Hall (JDH) regarding timing of necessary reporting.

 

5.  Juveniles Secure Custody:  

5.1.  A juvenile cannot be held in police detention for more than five (5) hours. ORS § 419C.130. If a juvenile is in detention for four (4) hours, an on duty supervisor must be notified.

5.2.  Juveniles under twelve (12) years of age shall not be handcuffed unless they present a heightened risk to safety, meaning they are combative or threatening.

5.3.  Juveniles twelve (12) years of age and over may be handcuffed as adults.

5.4.  A juvenile shall not be handcuffed to a fixed rail or object.

5.5.  Juveniles under twelve (12) years of age and juvenile status offenders shall not be placed in a locked room unless a risk to juvenile or member safety can be documented. 42 USC § 5633.

5.6.  Juveniles shall be temporarily detained only in quarters with sight and sound separation; meaning members will locate or arrange a juvenile within Bureau facilities so as to prevent physical, visual, or auditory contact between the juvenile and adults.

5.7.  A notation shall be made in the police report listing the duration of detention and if the juvenile was handcuffed.

5.8.  A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy.

 

6.  Juveniles Custody Log:

6.1.  Any time a juvenile is held in custody at a Bureau facility, the custody shall be promptly and properly documented in the Juvenile Custody Log.

6.2.  All Bureau locations that have secure holding facilities shall maintain a Juvenile Secure Custody Log form for each holding room.

6.3.  All members who place a juvenile in a secure holding facility/room are required to legibly complete all categories on the room’s Juvenile Secure Custody Log.

6.4.  Juvenile Custody Logs must be completed at any security holding facility to which the juvenile is taken (e.g. juvenile held at North Precinct, before being taken to Forensic Evidence Division.)

6.5.  All original Juvenile Security Logs completed will be maintained at the secure holding facility they originated at for five (5) years from the date of the last entry on the log.

6.6.  Copies of completed Juvenile Security Logs will be forwarded to the Office of the Chief of Police, Operations Branch Chief, by the 15th of January, and 15th of July, each year for the prior six (6) months reporting.

 

7.  Misdemeanor/Status Offenders:

7.1.  Misdemeanor/status offenses include: MIP, curfew, truancy, City ordinance violations, non-person-to-person misdemeanors, and circumstances or situations that may endanger the juvenile’s welfare or the welfare of others.

7.2.  Juvenile status offenders should generally be released by citation or with warning rather than taken into temporary custody. Members may take custody of a juvenile status offender in order to facilitate reunification. Juveniles ages twelve (12) to seventeen (17) will be released to a parent, guardian, or other responsible person if possible. If such a person is not available, juveniles will be taken to the Juvenile Reception Center (Janus) or other approved placement.

7.3.  In all cases a report will be completed prior to leaving duty. Facts related to attempts to locate and release juveniles to a parent, guardian, or other responsible person will be documented in the report. When a juvenile is transported to the Juvenile Reception Center (Janus), a copy of the completed report will be left with staff.

 

8.  Remanded Offenders:  

8.1.  Remanded offenders are juveniles who have been permanently remanded to the adult court. Even though a juvenile has been on adult probation and remanded by adult court, juveniles are not to be transported to adult facilities. Instead, members will transport juveniles to the Juvenile Detention Hall (JDH).

 

9.  Protective Custody: ORS § 419B.150-419B.175

9.1.  Protective Custody: Members may take a juvenile into protective custody when the juvenile is found to be a victim of abuse, neglect, found in the company of arrested persons, and/or in need of care for non-criminal/non-status related offenses, such as runaway and missing juveniles.

9.2.  Protective Custody Placement: Excluding runaway situations, protective custody placements are arranged through the Oregon Department of Human Services (DHS) Child Abuse 24-hour Hotline. Reports of this nature will not contain the location, address, or phone number of the placement.

9.3.  Placement of Runaway Juveniles: When a juvenile is taken into protective custody as a runaway, members will release the juvenile without unnecessary delay to the custody of the juvenile’s parent or guardian, or to the Juvenile Reception Center (Janus), or other approved placement. Members may release the juvenile to the Juvenile Reception Center (Janus) or other approved placement if it reasonably appears that the child would not willingly remain at home if released to the juvenile’s parent or guardian.

 

10.  Illness, Injury or Intoxication:

10.1.  Any juvenile showing visible signs of illness, injury, or intoxication must be medi­cally screened at an approved medical facility before admission will be allowed at the Juvenile Detention Hall (JDH) and/or Juvenile Reception Center (Janus).

 

11.  Notification of Parent or Guardian:

11.1.  As soon as practicable after a juvenile is taken into custody a member shall notify the juvenile’s parent, guardian or other person responsible for the juvenile. ORS § 419C.097.

11.2.  In the absence of actual contact with the person responsible for the juvenile, written notifica­tion will be left at the juvenile’s residence if known.

11.3.  When notification attempts fail, members will document such in his or her reports.

 

12.  Notification of Victims or Complainants:

12.1.  Victims and/or complainants are not required to sign complaints against juveniles. Members need only notify victims and/or complainants that a representative of the juvenile court system will contact them regarding their case.

 

13.  Report Disposition:  

13.1.  The member taking custody of a juvenile is responsible for completing an applicable report(s). When juveniles are presented to Detectives for final disposition, a copy of these reports must accompany the juvenile.

13.2.  If juveniles are to be lodged in the Juvenile Detention Hall (JDH) or placed in protective custody (medical emergency, shelter care or placement with family or friend other than parent or guardian), all reports related to the case must be delivered to the Juvenile Detention Hall (JDH) prior to the end of the member’s shift.

13.3.  In those instances when a juvenile is released all reports related to the case will be forwarded to the Multnomah County Juvenile Services Division.

History:

  • Originating Directive Effective: 09/06/01
  • First Revision Effective: 12/10/01
  • Second Revision Effective: 09/26/02
  • Third Revision Effective: 01/30/03
  • Fourth Revision Effective:03/16/04
  • Fifth Revision Effective: 01/20/06
  • Sixth Revision Effective: 10/22/14
  • Next Review Date: 10/22/16
  • Review By: Operations Branch