Oregon

Date: 
May 1, 2012

 

Delinquency and dependency proceedings: Because of the robust access provisions provided by the Oregon Constitution, juvenile proceedings are open to the public and the media. In a case alleging that a 13-year-old girl drowned a younger child, the Oregon Supreme Court struck down as invalid — under the state constitutional provision that “no court shall be secret, but justice shall be administered, openly”— a statute that allowed judges to exclude the press and public from juvenile court proceedings. Or. Const. art. I, § 10; State ex rel. Oregonian Publ’g Co. v. Deiz, 613 P.2d 23, 27 (Or. 1980).

Delinquency and dependency records: In general, records of juvenile court proceedings are not publicly available. However, limited information may be disclosed, including: 1) the name and date of birth of the child; 2) the basis for the juvenile court’s jurisdiction over the child; 3) the date, time and place or any juvenile court proceeding in which the child is involved; 4) in delinquency cases, the alleged delinquent act and portion of the order providing for the legal disposition of the child offender; and 5) the names and addresses of the child’s parents. Or. Rev. Stat. Ann. § 419A.255 (West 2012). In addition, the Department of Human Services must disclose information related to the agency’s activities and responsibilities in a case where child abuse or neglect resulted in a child death or near death or where an adult has been charged with a crime related to child abuse or neglect. Id. § 409.225.

Restrictions on coverage: Oregon law allows victims 11 years old or younger and those with a developmental disability regardless of age to testify about child or sexual abuse outside the presence of the defendant via closed-circuit television if the court finds that there is a substantial likelihood that the witness will suffer severe emotional or psychological harm by testifying in open court. Only the judge, the parties and their attorneys, individuals necessary to operate the equipment and anyone the court finds would contribute to the welfare and well-being of the witness may be present during this testimony. Id. § 40.460(24).