When juveniles commit crimes and cause injury or loss to victims, there are several steps that must occur before the case can be resolved and the victim can receive restitution. Knowing what happens in the Juvenile Court process may help alleviate concerns and provide an understanding of what to expect.

First, the crime is investigated by law enforcement. Once the youth is arrested, the police consult with Juvenile Department staff to determine if the youth will return home or is to be detained or placed elsewhere.

Criminal activity committed by a person under the age of 18 years - who reside in Umatilla County - must be referred to the Umatilla County Juvenile Department by a law enforcement agency.

The Juvenile Department then determines the level of intervention the youth require. Initial considerations include severity of the crime and youth's history of referrals. Most first-time Class A Misdemeanors and lower offenses - if the youth qualifies - are considered for informal supervision. Occasionally, a youth may be sent directly to a community program for resolution, community service, education class or counseling. The case may be assigned to a probation officer for further action, or closed if the District Attorney's Office determines that the charge is not legally sufficient.

• If the case is assigned to a probation officer, an intake interview is scheduled with the youth and the parents or guardians. The probation officer must consider several factors in determining how to handle the case, including: victim input, amount of restitution, public safety issues, seriousness of the incident, prior referral history, and services the youth and family need to prevent further criminal behavior. At the time the probation officer schedules the interview, victims are sent a Victim's Packet with documents required for us to proceed if restitution is to be considered in the case. The packet includes and introduction letter and brief explanation of what to do, a Victim Restitution Preference Form, Victim Loss Statement, and a Victim Impact Statement. All of these document are critical to ensure that the victim's rights are considered, and need to be returned promptly to the probation officer.
• When a youth goes to court for a preliminary hearing, admits to the criminal charges, and is placed on probation, the judge will order probation conditions, including payment of restitution, community service, and generally no contact with the victim. Victims will be notified and may appear at this “pre-hearing” before the Court. Juvenile probation can last from 6 months to 5 years, or until age 25 - depending on the youth's risk to self, family and community.

All youth referred to the Court must attend the following hearings:

• Preliminary Hearing - First court appearance. Charges are read and the youth is advised of rights; attorney's are appointed.
• Adjudication - A trial is conducted in the same manner with the same rules as an adult hearing. However, there is no jury. A judge determines whether a youth is within the jurisdiction of the court (guilty) or not.
• Disposition - The judge determines disposition (sentence) based on information provided by the District Attorney Juvenile Department Probation Officer, Defense Attorney and victim statements.
• Restitution - The court can order the youth to pay restitution for physical injury, counseling and for property taken, damaged or destroyed by the juvenile offender(s).

1. Victims must document the actual loss and furnish written documentation to the probation officer.
2. The Juvenile Court cannot order lost wages, pain and suffering, or mileage expenses (Crime Victims Compensation may cover these expenses).
3. When restitution is ordered by the Juvenile Court, the youth is expected to pay, not the parent.
4. By law, the Court is required to consider the youth's age and ability to pay when determining a reasonable amount of restitution. If the restitution claim is disputed by the youth, a restitution hearing will be set. The judge will review all of the information submitted and make a decision regarding the amount of restitution that will be ordered.
5. If more than one youth is found to be responsible for the crime, the Court will order restitution in the full amount to each involved youth. This is called “joint and several.” Each youth will pay towards the restitution obligation, regardless of their “share.” Restitution is considered to be complete when the victim received the total amount that was ordered by the court, no matter with youth made the payments.