DIR 0850.30 Juvenile Interviews, Custody, and Temporary Detention in Police Facility
Refer:
• 34 USC 11133: State plans
• 28 CFR 31.303, Substantive requirements
• Indian Child Welfare Act of 1978
• ORS 133.402, Recording of custodial interviews of Juveniles
• ORS 133.403, Voluntariness of statement by Juvenile during custodial interview
• ORS Chapter 163, Offenses Against Persons
• ORS 166.250, Unlawful possession of firearms
• ORS 419B.150-419B.175, Protective custody
• ORS 419B.636, Inquiry to determine whether child is Indian child
• ORS 419C.080, Custody, when authorized
• ORS 419C.085, Citation in Lieu of Custody
• ORS 419C.097, Notice to parents, victim
• ORS 419C.130, Youth or adjudicated youth may not be detained where adults are detained
• ORS 419C.133, Detention of youth under twelve years of age
• ORS 419C.145, Pre-adjudication detention
• Directive 0620.00, Body-Worn Camera Use and Management
• Directive 0640.30, Child Abuse Investigations
• Directive 0640.31, Custodial Interference
• Directive 0640.70, Fingerprinting and Photographing Juvenile Offenders
• Directive 0650.00, Search, Seizures, and Inventories
• Directive 0660.10, Property and Evidence Procedures
• Directive 0830.00, Arrest Without Warrant
• Directive 0850.20, Police Response to Mental Health Crisis
• Directive 0850.21, Peace Officer Custody (Civil)
• Directive 0850.39, Missing, Runaway, Lost or Disoriented Persons
• Directive 0860.30, Citations-in-Lieu-of-Custody
• Directive 0870.20, Custody and Courtesy Transports
• Directive 0870.25, Temporary Detention Areas in Police Facilities
• Juvenile Secure Custody Log (Intranet)
• Standard Operating Procedures (SOP)
o Investigations Branch, SOP 56, Adult and Juvenile Holding Room Procedures
o Operations Branch, SOP 8-5, Adult and Juvenile Holding Room Procedures
o Forensics Evidence Division, SOP 2.201 Juvenile Mug and Print Processing
Definitions:
• Child witness: An unmarried person who is under eighteen years of age who is not the victim of, suspect in, or related to the suspect in a child welfare, criminal or delinquency investigation.
• Custodial Interview: An interview in which the person questioned is in custody and is required to be advised of their constitutional rights.
• Delinquency Custody- Taking a Juvenile into custody when, if the youth was an adult, they could be arrested without a warrant.
• Holding Room: A room used to temporarily hold a subject in secure custody while a member completes a preliminary investigation prior to interviewing a subject, verifying a subject’s identification, issuing a citation, booking the subject, or completing other tasks related to a detention or arrest.
• Indian Child: A child is an “Indian child” under the Indian Child Welfare Act if they are an unmarried person under the age of eighteen and:
o the child is a member of a federally recognized tribe, or
o the child is eligible for membership in a federally recognized tribe and is the biological child of a member of a federally recognized tribe.
Tribes have sole authority to determine their membership. The term “Indian Child” and this definition are used for consistency with state and federal legislation and relevant case law.
• Juvenile: A person under eighteen years of age.
• Juvenile Offender: A Juvenile 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 or 28 CFR 31.303.
• 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.
• Protective Custody: The detention of a person for their own protection.
• Secure Custody: A Juvenile Offender’s status as detained in a holding room or in a locked room in a specially designated area.
• Specially Designated Areas: A secure area of a precinct/division that includes the immediate vicinity of holding rooms and intoxilyzer rooms. This does not include adjacent hallways or walkways, or movements through such areas for purposes other than accessing a holding or intoxilyzer room. In some Bureau facilities the Specially Designated Area is the holding room itself.
Policy:
1. The Portland Police Bureau recognizes the inherent dignity of every person, including the youth in our community. The Bureau further recognizes that Juvenile minds and bodies are still developing – and that fact presents ethical, practical, and legal concerns in law enforcement interactions with Juveniles.
2. Bureau members potentially interact with Juveniles in many ways. Members may encounter Juveniles as victims, witnesses, or suspects; in medical emergencies as ill or injured persons; or as missing persons or juvenile runaways, for example. Frequently, Juveniles fall under more than one of these categories at the same time. The Bureau is dedicated to treating all Juveniles with respect no matter the context, and approaching interactions with Juveniles with a transparent and holistic approach.
3. This directive establishes guidelines for Juvenile interviews, custody, placement, and temporary detention in police facilities.
Procedure:
1. Interviews Unrelated to Child Abuse Investigations
1.1. Supportive Adult Presence.
1.1.1. When feasible, unless it would compromise the investigation, members interviewing a Juvenile may ask the Juvenile whether they want a supportive adult present for the interview, and then allow the supportive adult to be present, upon request.
1.1.2. The supportive adult can be a parent, employer, teacher, attorney, mental health provider or any adult who is not a witness to the case and whose presence would not compromise the investigation.
1.2. Notifications
1.2.1. Members shall make a reasonable attempt to notify the parents or guardians of any child witness they interview of the interview.
1.2.1.1. The notification shall include the date, time, location, duration of the interview, and a brief explanation of why the member interviewed the child, unless doing so would compromise the investigation.
1.2.1.2. The notification shall be made as soon as practical, after the interview is over.
1.3. Contacting Juveniles at Schools
1.3.1. When feasible, members shall:
1.3.1.1. Consult with the School Liaison Officer when interviewing Juveniles at school during school hours.
1.3.1.2. Notify the school principal or their representative beforehand when interviewing or taking custody of Juveniles at school during school hours.
1.3.1.2.1. Members shall immediately notify their supervisor if such action is taken without notifying the principal.
1.3.1.3. Notify both the school principal and the Juvenile’s parent or guardian before leaving school with a Juvenile taken into custody.
1.4. Custodial Interviews of Juveniles
1.4.1. Members shall electronically record all custodial interviews of Juveniles.
1.4.1.1. Members wearing Body-Worn Cameras shall activate them in accordance with Directive 0620.00, Body-Worn Camera Use and Management.
1.4.1.2. Members shall advise the Juvenile of their rights and electronically record the advisement and the Juvenile’s response.
1.4.2. Members shall not intentionally use information known to the member to be false to elicit a statement during a custodial interview of a Juvenile.
2. Authority for Placing Juveniles in Custody
2.1. Juvenile Protective Custody and Delinquency Custody.
2.1.1. Members can take Juveniles into police custody by: (1) Protective Custody pursuant to ORS 419B.150 - 419B.175 or (2) Delinquency Custody pursuant to ORS 419C.080.
2.2. Protective Custody
2.2.1. Members can take a Juvenile into protective custody without a court order only when there is reasonable cause to believe that:
2.2.1.1. There is an imminent threat of severe harm to the Juvenile;
2.2.1.2. The Juvenile poses an imminent threat of severe harm to self or others; or
2.2.1.3. There is an imminent threat that the Juvenile’s parent or guardian will cause the Juvenile to be beyond the reach of the Juvenile court before the court can order that the Juvenile be taken into protective custody.
2.2.2. If there is reason to know that the Juvenile is an Indian child (ORS 419B.150), members may take the Juvenile into protective custody without a court order only when it is necessary to prevent imminent physical damage or harm to the Juvenile.
2.2.3. Additionally, members can take a Juvenile into protective custody when:
2.2.3.1. There is a court order directing a Juvenile be taken into protective custody; or
2.2.3.2. When it reasonably appears that the Juvenile is a runaway.
2.3. Delinquency Custody
2.3.1. Members may take a Juvenile into custody for transport to the Juvenile Detention Home (JDH):
2.3.1.1. When, if the Juvenile were an adult, they could be arrested without a warrant for an offense against a person; or
2.3.1.2. When a warrant or court order directing the Juvenile be taken into custody exists.
2.3.2. Members shall take a Juvenile into custody if the member has probable cause to believe that the Juvenile, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of ORS 166.250 (Unlawful possession of firearms), 166.370 (Possession of firearm or dangerous weapon in public building or court facility), or 166.382 (Possession of destructive device prohibited).
2.3.3. Members shall submit all Juvenile crimes (misdemeanor and felony) through the Juvenile Court.
2.3.4. Members shall not transport Juvenile Offenders to adult detention facilities, regardless of their status as permanently remanded to adult court.
2.3.5. Members actively investigating a crime where they believe a Juvenile offender under the age of twelve should be detained for community safety purposes shall consult with their Supervisor and with a Deputy District Attorney with the Juvenile Unit to determine next steps.
3. Temporary Detention
3.1. For general requirements for the care and control of a person in custody, including but not limited to medical needs, the care of suicidal individuals, and the use of detention facilities, members should refer to DIRs 0870.20, and 870.25.
3.1.1. If provisions of this directive conflict with those found in DIRs 0870.20, and 870.25 on matters pertaining to Juveniles, this directive controls.
3.2. Restrictions.
3.2.1. Members shall not detain Juveniles at a police station, jail, prison, or any other place where adults are detained, except at a police station for up to five (5) hours, when necessary to obtain the Juvenile’s name, age, residence, and/or other identifying information.
3.2.1.1. When necessary to obtain the information listed above, Juveniles shall be detained only in quarters with sight and sound separation from adult detainees; meaning, members shall locate or arrange a Juvenile within Bureau facilities to prevent physical, visual, or auditory contact between the Juvenile and adults, while also ensuring there is no risk of the Juvenile escaping.
3.2.1.1.1. While members shall ensure that Juveniles are not in sustained contact with adult subjects, this does not include brief or inadvertent contact.
3.2.2. Members shall not place Juvenile Status Offenders or non-offenders in a Holding Room. Members may, however, hold Juvenile Status Offenders in a non-secure custody location at a precinct or division while the Juvenile is awaiting transportation.
3.2.3. Members shall not use restraints on Juvenile Offenders under age twelve or place them in a Holding Room unless they pose an imminent threat of severe harm to themselves or others.
3.2.3.1. Members should be aware that Juveniles under age twelve cannot be placed in detention except pursuant to judicial review and written findings describing why it is in the best interests of the Juvenile to be placed in detention.
3.2.4. Juveniles shall not be handcuffed to a fixed object unless they pose an imminent threat of severe harm to themselves or others.
3.3. Requirements
3.3.1. As soon as practicable, after a Juvenile is taken into custody, members shall reasonably attempt to notify the Juvenile’s parents, guardian, or other person responsible for the Juvenile. Notification shall include the reason the Juvenile was taken into custody and the time and place of any court hearings, if applicable.
3.3.2. All Juveniles held in temporary detention at a police facility shall have the following made available to them:
3.3.2.1. One snack upon request, provided by the Bureau.
3.3.2.2. The opportunity to make at least two telephone calls within one hour of being placed into temporary detention at a police facility. The telephone calls must be made to a parent, guardian, responsible relative, mental health provider, community care organization, employer, or an attorney.
3.3.2.3. Private visits with family, guardian, or attorney.
3.3.3. When placing Juveniles in a Holding Room at a police facility, members shall adhere to requirements in Directive 0870.25, Temporary Detention Areas in Police Facilities.
3.4. Juvenile Secure Custody Log
3.4.1. RU Managers, or a designee, shall ensure Juvenile Secure Custody Logs are available at all Bureau facilities with Holding Rooms and Specially Designated Areas.
3.4.2. Members shall promptly complete the Juvenile Secure Custody Log at each location when a Juvenile is held in Secure Custody, regardless of the duration of the temporary detention. Precincts and Divisions that have Holding Rooms shall maintain these logs in the Specially Designated Area, in accordance with applicable standard operating procedures.
3.4.3. When a Juvenile is released or transferred, Supervisors, or a designee, shall review the Juvenile Secure Custody Logs as soon as practicable, but no later than the end of shift.
3.4.4. RU managers shall maintain all Juvenile Secure Custody Logs at their respective Bureau facility for six years or until the age of majority, whichever is longer, or as directed by the court, and shall forward copies of all new entries to the Assistant Chief of Operations each month.
3.5. Release From Custody
3.5.1. Juveniles aged twelve to seventeen shall be released to a parent, guardian, or other responsible adult. If no such person is available, Juveniles shall be taken to a Bureau-approved shelter care facility.
3.5.2. Juvenile Status Offenders and Juveniles who have committed violations shall be released by citation or with a warning, unless their parent or guardian requests that police take temporary custody of the Juvenile in order to facilitate reunification. Such requests shall be documented in a police report.
4. Juvenile Placement
4.1. Protective Custody Placement
4.1.1. Members shall contact the Oregon Department of Human Services (DHS) Child Abuse 24-hour Hotline (1-855-503-7233) to arrange all protective custody placements, excluding Juvenile Runaways.
4.1.2. Members shall not document the location, address, or phone number of a protective custody placement in their police report.
4.1.3. Members shall not inform any person, including a child’s parent, of the location, address, or phone number of the placement.
4.2. Juvenile Runaway Placement
4.2.1. Members shall release a Juvenile taken into protective custody as a Runaway to a parent, guardian, or Bureau-approved shelter care facility.
4.2.2. If it reasonably appears the Juvenile Runaway will not remain at home if released to their parent or guardian or will not remain at a designated shelter care facility, members may place the Runaway Juvenile with another responsible adult, if they have notified DHS and DHS has no objection to the placement.
5. Measure 11 Crimes
5.1. When members have a Juvenile Offender age fifteen, sixteen, or seventeen in custody for a Measure 11 Crime, or a Juvenile age fourteen or under who would be charged with a Measure 11 crime, if they were age fifteen or older, members shall immediately notify the respective Detective Detail Sergeant, who will determine whether Detectives will proceed with processing.
5.2. The Detectives Division shall be responsible for:
5.2.1. Coordinating the completion of reports and fingerprinting and photographing with the Forensic Evidence Division (FED), in accordance with Directive 0640.70, Fingerprinting and Photographing Juvenile Offenders.
5.2.2. Conferring with JDH regarding timing of providing required reports to Juvenile court.
6. Searches & Supervision
6.1. Members shall ask Juveniles their preference regarding the gender of the member who will conduct any searches and/or provide supervision and accommodate the Juvenile’s request, when feasible.
6.2. When feasible, members shall conduct searches with another member present.
7. Reporting Requirements
7.1. Members who interview, detain, or take custody of a Juvenile shall complete a police report, as required by state law
7.2. Members who bring Juvenile Offenders to the Detective Division for processing shall also provide any applicable reports.
7.3. For Juveniles lodged at JDH or placed in protective custody (medical emergency, shelter care, or placement with friend or family other than parent or guardian), members shall complete all police reports related to the case before the end of the member’s shift and deliver the reports to JDH, when applicable.
Effective: 5/17/2025
Next Review: 5/17/2027