A T T O RNE Y S A T L AW

Juvenile Law ReaderAn independent, not-for-profit law firm, Est.1975

Volume 11, Issue 3 • Autumn 2014 "When 22 percent of any Juveniles and U.S. Foster Care: Their Miranda A Flawed Solution child population flees the Rights: A That Leads To system which adults have Psychological More Long-Term provided to keep them Perspective Problems? Part II - Voluntariness By Deb Stone The following article is reprinted by permission of the By Orin D. Bolstad, Ph.D., ABPP STIR Journal. safe, something is wrong." Psychologist* Studies show that abused or neglected — Deb Stone To be sure, if a waiver is Unknowing children placed in foster care face lifelong and Unintelligent, it is likely that it challenges greater than children who also will be Involuntary. However, remain with their families. Also in this issue: Kids For Cash - Page 22; there can be a problem even if there is comprehension. There are instances In rural Oregon, an 11-year-old girl wear- Wine & Chocolate Extravaganza with in which a juvenile can meet criteria ing a pair of plastic sandals walked 13 for understanding or comprehend- miles to a local tavern and convinced a Phillip Margolin - Page 26 Continued on next page » Continued on page 3 »

Inside This Issue Juveniles and Their Miranda Rights: Page 1 / U.S. Foster Care: A Flawed Solution : Page 1 / Juvenile Law Resource Center: Page 13 / Detecting False Memories in Children: Page 21 / Case Summary & Resources: Page 24 / Save the Date: Page 26 ity figures, especially police officers. must be recognized that some ado- * Orin D. Bolstad, Ph.D., ABPP is a clinical child psychologist specializing in It requires considerable maturity, lescents are more vulnerable to their adolescent clinical and forensic psychological courage and confidence for a youth to will being overborne and will find it A T T O RNE Y S A T L AW issues. He has been licensed in Oregon as a assert that he or she prefers to remain harder to assert their rights voluntarily The Juvenile Law Reader is psychologist since 1978 and is a Diplomate of silent and will only talk to the officers by virtue of one or more psychological published six times a year by: the American Board of Professional Psychol- after an attorney has been consulted. deficits orvulnerabilities , including: og y. He also is a certified Forensic Evaluator Youth, Rights & Justice (Oregon Health Authority). Dr. Bolstad is It is very tempting for an adolescent 1. Low functioning youth; cognitively 401 ne 19th Ave., Suite 200 an Associate Clinical Professor in Psychiatry to want to defend himself or herself impaired; neurologically impaired. at OHSU. Dr. Bolstad has an extensive his- when accused of a crime by a police Portland, or 97232 tory in child and mental health services during officer. It may be even more difficult 2. Highly submissive youth, eager to (503) 232-2540 his 15 year tenure at Morrison Center, the last when the police detective states that please; youth taught to respect author- f: (503) 231-4767 five of which he served as Executive Direc- ity figures and to obey adults. www.youthrightsjustice.org tor/CEO. He has consulted at Multnomah she “just wants to hear your side of County Juvenile Department/Detention for the story.” 3. Highly anxious youth who are 25 years (one day a week) and Oregon Youth overly reactive to the presence of © 2013 Youth, Rights & Justice It is not hard to imagine how difficult Attorneys At Law Authority for 22 years (1-2 days a week). Dr. police officer(s) who are focusing Bolstad has engaged in expert testimony for it might be for any adolescent to cope with being confronted by a police of- attention on them in ways that sug- Youth, Rights & Justice is dedicated both the state and defense for over 30 years in to improving the lives of vulnerable Oregon, specializing in Miranda, Adjudica- ficer who wants to ask the youth some gest accusation. Children who have children and families through legal tive Competency, Criminal Responsibility, questions, especially when those ques- the condition of PTSD would be an Mitigation, Special Needs Youth (DD), example of this population, especially representation and advocacy in the tions are accusatory in nature. This courts, legislature, schools and com- PsychoSexual Evaluations and Evaluations those who are hyper-vigilant to per- would seem difficult for most if not munity. Initially a 1975 program of for risk of harm to self or others, along with ceived threat. more general, comprehensive psychological all adolescents (those who are actually Multnomah County Legal Aid, YRJ evaluations. guilty and those who might not be 4. Youth who have histories of being became an independent 501 (c) (3) guilty). It is not unreasonable to infer depressed and are subject to despair. nonprofit children’s law firm in1985 . « Miranda Rights continued from previous that most adolescents, even “normal” Such youth might be expected to give YRJ was formerly known as the Juve- ing Miranda Warnings (“knowing and not guilty adolescents, would up easily and have little energy to nile Rights Project. and intelligent”) but still not be able have a spike in anxiety and experi- challenge authority. The Juvenile Law Reader is distrib- uted electronically free of charge. It is to make a voluntary waiver. Again, ence “fright or despair” when directly 5. Youth who have histories of voluntariness has to do with “will” confronted by a police officer. partially funded by the Office of Public ADHD. Such adolescents have dif- Defense Services. and the ability to assert one’s will, Granted, most adolescents might have ficulty paying attention to instructions unconstrained by “intimidation, coer- difficulty voluntarily relinquishing or recalling more than one step in a Tax deductible donations are welcome and can be sent to the YRJ offices. cion or deception.” Many adolescents their due process rights, even normal multiple step directive. have been taught to defer to authority. or typical adolescents. However, it Queries regarding contributed articles Continued on next page » Many are easily intimidated by author- can be addressed to the editorial board.

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 2 « Miranda Rights continued from previous car for an extended period of time or « U.S. Foster Care continued from page 1 Editorial Board For such youth, attending to all four having to sit in a holding cell at the man she didn’t know to drive her two and Mark McKechnie, Executive Director of the components at the same time precinct office. This waiting period a half hours north to Long Beach, Wash. Julie H. McFarlane, Supervising Attorney is a challenge. These youth also are can seem interminable to an adoles- She was sick of foster care. She wanted to Angela Sherbo, Supervising Attorney inclined to behave or make decisions cent, especially one with vulnerabili- go home. without thinking in advance. They ties and may cause increasing anxiety Janeen Olsen, Director of Development and over time. A 2011 survey reported that 13 percent Communications have little ability to delay gratification, of all foster children run away at least as with wanting the interrogation to 2. Being removed from parents, sur- once, and another 9 percent abandon their Contributing Editor be over with as soon as possible. rogates or advocates and confined to foster homes to live with friends. When 22 Nancy Cozine, Executive Director, Office of 6. Youth with Autism Spectrum a small room with only one or two percent of any child population flees the Public Defense Services police detectives, the door closed, and Disorders who have difficulty in system which adults have provided to keep Board of Directors comprehending abstract concepts and the officers between the accused and them safe, something is wrong. These President – Gwen Griffith, Tonkon Torp LLC relating to other people, especially the door. youth may have insights the rest of us fail Vice President – Janet Steverson, Lewis & strangers. 3. Being handcuffed just before the to see. Studies show foster care is a high- Clark Law School way to health problems, homelessness, 7. There may be other psychologi- reading of Miranda Rights. Last year, Treasurer – Ann Phillips, Retired, Zappos. early pregnancy, arrest, incarceration, cal conditions which also can render I watched a DVD of a youth in a com and sex trafficking. And those are the adolescents vulnerable. For instance, police precinct who had been chatting Secretary – Robin Wright, Gevurtz Menashe lucky kids. Foster care alumni are five Larson & Howe PC some youth appear to be unusually with a police officer in a friendly way; times more likely to commit suicide and Gregory Blonde, Orrick, Herrington & suggestible and easily manipulated. he was not cuffed. The interrogat- ing detective entered the room; the eight times more likely to be hospitalized Sutcliffe LLP There is a new psychological mea- friendly officer left. The detective for a serious psychiatric disorder. Michelle Cole, Gallatin Public Affairs sure of suggestibility, the GSS (Gud- Suzanne Geary, College Possible Portland proceeded to hand cuff the youth to Then again, decades of research show jonnson Suggestibility Scale) which Steve Hillinger, Sales Excellence Training and a cable bolted to the floor. Then, the that childhood maltreatment interrupts attempts to measure susceptibility to Development detective issued the Miranda warn- healthy emotional, behavioral, and cogni- coercive interrogation methods. Jane Jaramillo, DiLorenzo & Company, LLC ings. Of course, the youth paid no tive development, so we can chalk up the Lisabeth Kaufman, Portland State University In addition to these personal vulner- attention to the Miranda warnings. poor outcomes to abuse that occurred Mike Miller, KeyBank abilities, there may be situational His focus, quite understandably, was before these children were rescued, right? Carol Noonan, Davis Wright Tremaine LLP circumstances which mitigate exclusively on the experience of being Maybe not. Sharon Reese, Knowledge Universe against one’s sense of voluntariness, cuffed to a cable attached to the floor. In 1983 I was a 23-year-old single mother Jordan R. Silk, Schwabe, Williamson & Wyatt including: I also have seen instances in which a living in poverty. My twin sons and I ... Michael Sorensen, Community Solutions 1. Being isolated before interrogation youth was Mirandized shortly after Consulting begins, as with having to sit in a police Continued on nest page » -CLICK TO READ FULL ARTICLE- Tim Speth, Education Northwest Joel Willard, Intel

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 3 « Miranda Rights continued from previous 6. I have seen cases in which police being handcuffed and while being have arrived at the front door and walked to the police car—in the pres- told the family that their son needed ffice of ublic efense to come to the station with them for O P D ence of school mates. His focus was ervices seeks ase not on the Miranda warnings. an interview. The parent resisted, S C clarifying that their son would not Manager Contractors 4. Sometimes, adolescents are inter- talk without the assistance of an attor- rogated first and then, following the ney. The son said in the presence of for new Parent Child interrogation, the tape recorder is his parents and to the police officers Representation Program turned on and the youth is Miran- that he refused to talk without an at- dized. Essentially, the youth is asked torney. Nonetheless, the police took to repeat his confession(s). Obviously, On August 1, 2014, an Office of Public Defense Services (OPDS) pilot the youth from the front door, cuffed program aimed at improving the quality of representation of parents this process precludes any warning of him and drove off with him. In the Miranda Rights prior to the confes- and children in juvenile court kicked off in Linn and Yamhill Counties. car, on the way to the station, the po- The key components of the program are: a caseload limited to 80 cases, sion. At times, this process seems to lice told this developmentally delayed have been disguised. access to independent case managers who, at the direction of the law- (DD), autistic boy that his parents yer, work on behalf of clients, additional training for lawyers, including 5. Some have advocated that a youth gave him bad advice. By the time multidisciplinary training, and additional oversight. have a parent or surrogate (non- they reached the station, the detec- attorney) present when the youth is tives talked the boy into waiving his Case Managers, independent contractors who work in collaboration interrogated. In my experience, this rights. This circumstance (isolated in with attorneys for parents and children, are an essential component of is seldom allowed by police detec- a car with two police officers) com- the Parent Child Representation Program. The primary role of a case tives, who often say that is not their bined with a vulnerable DD youth manager is to provide support, investigative and advocacy services, at policy or procedure or is unnecessary. would seem highly questionable. the direction of the attorney, for a parent or child involved in the juve- When I have seen parents allowed to To be sure, a competent youth can nile delinquency or dependency system. be in the interrogation, it often has change his or her mind and elect to worked in a way that contributes to relinquish his legal rights, even after OPDS is actively seeking proposals for case managers in Linn and Yam- the child not participating voluntarily. initially requesting a lawyer. How- hill Counties. The RFP will be posted on the OPDS website beginning More specifically, sometimes parents ever, I am doubtful that most vulner- September 15. are used as helpers by the detective to able youth can make this reversal of get the truth out; the parent ends up positions voluntarily. For further information please contact Amy Miller, Program Manager, at [email protected]. putting pressure on the child in more 7. Some interrogations last a long coercive ways than the police would time, sometimes continuing well into have used. Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 4 « Miranda Rights continued from previous the youth may feel reassured that all such a manipulation. false confessions. The authors noted late evenings. Immature adolescents will be well. The youth’s defenses are Sometimes, youth are interviewed in that police interrogation methods: often define “a long time” in dimen- likely to go down and he or she will ways that are pressured or coercive a. Are designed to break the antic- sions quite unlike adults; they might be more open. I suspect that in most in nature. This can be especially ipated resistance of an individual see “a long time” as 20 minutes. I problematic with vulnerable youth who is presumed guilty, typically ask the adolescent how long in difficult circumstances. There are b. Are intentionally structured to the interrogation lasted and com- two bodies of literature that pertain: promote isolation, anxiety, fear, pare this estimate against the DVD 1. Considerable research has been powerlessness and hopelessness recording or the police report notes. conducted in the last decade on c. Employ the use of numerous When interrogations are viewed as coercive or pressured interviews psychological techniques, primary “a long time” by an adolescent, they in which a defendant’s voluntariness among them isolation, accusation, sometimes become willing to say (his or her will) is overborne, leading attacks on the subject’s alibi, cut- whatever the detective wants to hear, to false confessions. Leaders in this ting off denials, repeatedly insist- just to get it over with. research area include Richard A. Leo, ing that the defendant is lying, 8. When interrogations occur at Richard J. Ofshe and Steven Drizin, insisting that there is incontrovert- school or in the home, I have often social psychologists. (See Journal of ible evidence against the defen- heard police officers finish their Criminal Law and Criminology, Win- dant, Miranda warnings by adding: “In ter, 1998: The Consequences of false d. Use confrontation with true any event, we just want to talk to you confessions: Deprivations of liberty or false incriminating evidence, today. You can go back to your class and miscarriages of justice in the age including outright deception, after we are done. We won’t be tak- of psychological interrogation; Leo, e. Use incentives and or positive ing you to jail.” Of course, the next Richard, Police interrogation and inducements, such as one will day, the youth is arrested and taken American justice, Hartford Press, feel better or benefit legally from to detention. Telling the youth he 2008). In the research of Drizen & a confession or, the interrogation will not be arrested and taken to jail CC BY 2.0 Photo By Vincent Leo (2004), a population has been will be over if you cooperate; the will be interpreted by many youth, identified that had been convicted of cases, this combination of statements use of negative incentives such as especially vulnerable ones, as a sign (“You can go back to class; no arrest serious crimes and then exonerated there will be more serious conse- that there will be no arrest and, that today,” and “We are just here to hear due to clear and convincing DNA quences for not confessing (the they are not going to be in much your side of the story.”) is intention- evidence These researchers carefully judge will not like you lying), etc. trouble. Once the interview begins evaluated the circumstances under ally deceptive and simply intended Also see Leo & Drizen (2012). and the officer says, “We want to help to obtain a confession. Vulnerable which the exonerated parties were in- you by hearing your side of the story,” youth may be more suggestible to terviewed by police when they made Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 5 « Miranda Rights continued from previous 2. Some of the factors described in with mental or psychological impair- natives explanations as the subject Be aware that it has been argued in the Leo, Ofshe and Drizen literature ments. [See John E. Reid and As- becomes quieter and more open to court that the Ofshe, Leo, Drizen re- appear in a systematic fashion or a sociates for a description of the full 9 listening. If the subject begins to cry, search is not as scientific as claimed. step-wise procedure known as the steps leading to confessions.] Among point this out as a behavioral sign It has been argued that this research Reid Technique, by Psychologist John the steps in the Reid Technique, of guilt. Point out other behavioral is mostly anecdotal. It also has been Reid. This is actually a series of inter- briefly summarized: signs suggesting guilt (anxiety symp- argued that most confessions associ- view steps designed to obtain confes- 1. Begin with an “open” Behavior toms, etc.). ated with these techniques are not sions (not necessarily the truth), using Analysis Interview. Lead the sus- 7. Pose the “alternative question”, necessarily false; that is, the accused sophisticated psychological tech- pect to understand that the evidence giving two options for what hap- is, in fact, usually guilty of the crime niques of persuasion. Even Dr. Reid points to the individual as a suspect. pened, one more socially acceptable in spite of presumed coercive meth- cautions against the use of the Reid Offer the individual the opportunity and the other more criminally severe, ods. It has been argued that police Technique with vulnerable juveniles. to explain why the offense took place. such as: “Are you a pedophile or did See Reid’s defense of his Technique need to be able to confront the 2. Try to shift the blame away from you just make a little mistake when accused in ways that might lead to a entitled “Clarifying Misinformation you touched her.” It is assumed that about the Reid Technique". In this the suspect to some other person confession; taking away these meth- or set of circumstances. Develop the subject can chose a third option, ods will seriously limit the detective’s defense, Reid stated that the inter- to wit, that it did not happen at all. viewer should “exercise caution when themes containing reasons that will ability to obtain evidence or a proper justify or excuse the crimes. 8. Lead the subject to repeat the ad- confession. questioning juveniles or individuals 3. Discourage the accused from deny- mission of guilt in front of witnesses ing guilt. From the Reid Technique and encourage the subject to provide manual: “The more often a person more incriminating details (as with an says ‘I didn’t do it, the more difficult apology letter). it is to get a confession.” 9. Document the admission with a 4. Use the subject’s reasons as why he recorded statement. did or did not commit the crime to There is considerable controversy sur- move toward a confession by examin- rounding the Reid Technique, with ing possible motivations. some professionals claiming that this 5. Reinforce sincerity of the inter- technique leads to false confessions. viewer to ensure that the suspect is Not surprisingly, the Reid camp receptive, as in “I want to be able to argues that this technique is fair and hear your side of the story.” legal, especially after the emergence of the “false confession literature” CC BY 2.0 Photo By World Bank 6. Move the discussion toward alter- Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 6 « Miranda Rights continued from previous Some incorporate more coercive option (not given by the detective) by this sequence are consistent with the and criticism by scholars in the field, techniques as outlined in the Leo, saying that he or she did not commit Reid Technique, some are not. Some such as Dr. Saul Kassin, a social Ofshe, Drizen literature. Again, in the crime. As a child psychologist, I appear similar to the Ofshe, Leo, psychologist at Williams College. Dr. Reid’s defense of his technique, he do not share this opinion about the Drizen literature: Richard Ofshe has professed that the allows that “False confessions are not third option for juveniles, especially “a. The detective initially attempts to Reid Technique is consistent with the caused by the application of the Reid when the alternatives are posed in present a friendly image. The detec- findings of the Leo, Ofshe and Dri- Technique, they are usually caused by the form of a “forced choice,” leading tive might offer a soda, talk about zen in their research on false confes- interrogators engaging in improper question and, even more especially, sports, etc. The detective offers that sions. The Reid camp claims that Dr. behavior that is outside of the param- when the accused is mentally or emo- he or she is “here to help you tell your Ofshe has misrepresented the Reid eters of the Reid Technique…” As tionally vulnerable. side of the story,” after the defendant Technique in his testimony before the is evident in the controversy, many I have often observed a familiar is told that he is being accused of a courts. Again, John Reid, in defense agree with Reid’s defense of his tech- sequence of events in detective in- serious crime. This can be experi- of the Reid Technique, claims that nique, especially those in law enforce- terviews, as recorded on the DVD’s. enced as a compelling, kind offer by his methodology does not include ment. Those in more scholarly or The sequence I present is admit- many adolescents facing the stress of engaging in behavior that the courts academic research circles disagree tedly anecdotal and not scientific. a criminal accusation. have found objectionable, including (e.g., Kassin, Drizen, Grisso, Gud- Obviously, there are exceptions to jonsson, Leo, and Reclich, 2010). b. The detective tries to maintain a threatening messages about negative this sequence; not all interrogations friendly demeanor but is quick to cut consequences for not making a con- In my practice, I have observed many are in this order; sometimes there off denials abruptly through direct fession, making promises of leniency DVD’s of police detective interroga- are items in this sequence that are confrontation with incontrovertible for a confession, denying the subject tions. Some recorded interviews are omitted. Some of the elements in Continued on next page » his rights, conducting an excessively done well, quite professionally and long interrogation (“more than four without coercive methods. Others hours”), etc. The interested reader appear quite coercive. The DVD’s of can review arguments on both sides coercive interviews leave little doubt, of this controversy in detail, on-line, as I will illustrate below. by googling the Reid Technique and My second point is that juveniles are false confessions. more vulnerable than adults to psy- Based on my experience, two points chologically manipulative techniques, are far less controversial about the such as the “alternative question,” in Reid Technique. First, detectives which only two options are present- trained in the Reid Technique do not ed. The Reid camp has argued that a always apply it as the manual reads. subject can always reply with a third CC BY 2.0 Photo By Evgeniy Roginskiy

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 7 « Miranda Rights continued from previous d. Next, the detective repeats that the tective often says that the youth’s side truth,” or the incentives are offered “facts.” The detective often talks facts are absolutely clear but that he of the story “just makes no sense.” I more forcefully, as with “the court about his long experience with this or she “just needs some more infor- have observed detectives claim that will go easier on you if you just own type of crime, adding that he or she mation and some truthful answers.” the accused is showing all of the up to what we already know you did,” uses evidence such as DNA, finger- He or she might add that although signs that are known to reveal lying, or “things might be pretty tough for prints, even lie detectors given to the the facts are clear, “we still need to such as looking off to the right, using you if I have to tell the judge you kept victim, hidden cameras, potential eye know why you did this so we can help inconsistent words, showing undue lying.” witnesses, etc. This often is decep- you more…so, we need more details.” anxiety, crying, etc. Of course, none f. Typically, the last step (Reid Tech- tive in that no such evidence has been nique) is to provide a forced choice collected. Sometimes, the detective (only two options). “Was this just will introduce the idea of bringing a little mistake (even though it is a in someone to conduct a polygraph Measure 11 crime) or, are you a psy- if the accused persists in telling lies. chopath who likes to hurt people?” In some cases, the detective collects (or many such variations on this DNA swabs, even before the Mi- forced choice dilemma, such as: “Did randa warnings. The detective con- you just touch this little girl once by cludes this discourse by suggesting mistake or are you the kind of person that he has all the evidence he needs that has raped hundreds of children,” already. The facts are incontrovert- or “Did you hit the victim by accident ible; it is pointless to deny these facts. or were you intending to really hurt c. The detective next switches to a him?”) I once observed an attorney cross examine a detective who used more friendly disposition, saying that CC BY 2.0 Photo By Thomas Hawk the defendant is probably a good kid. this Reid Technique by asking him if Efforts are made to normalize the he beat the confession out of the kid Questions about more details are of these signs are accurate indica- with a rubber hose while sitting him criminal behavior [“All kids make asked repetitively with the presump- tors of deception (Kassin and Fong, mistakes; they don’t think before they under a hanging light bulb or did he tion of guilt having been established. 1999). The detective simply was be- just exploit a vulnerable youth’s fear realize they might have done some- Also, the youth is told repetitively ing deceptive. thing they now regret; the victim may by using psychological techniques? and abruptly that his denials are lies. e. Next, the detective might offer Many adolescents, after a long, pres- have contributed to this (e.g., ‘She This step can be protracted, often was probably flirty.’); I was a kid once comparatively subtle incentives for sured interview, would have a hard lasting a long time. This redundancy, a confession, such as: “I just want time answering “Neither,” or appre- myself and made my share of mis- in the absence of hope, can lead to a takes.”] Justifications are provided, to get you the help you need,” or ciating that there can be more than youth feeling “worn down.” The de- Continued on next page » along with excuses. “you will feel better after you tell the

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 8 « Miranda Rights continued from previous include these coercive techniques. I psychological techniques are power- he gave in to the pressure. The most just 2 choices. This last step in the also have observed detectives claim fully coercive. Sometimes, they may common reason I am given is that he Reid Technique can be very power- in cross examination, perhaps cor- lead to false confessions. It is most just wanted the interrogation to be ful, psychologically, especially if the rectly, that they have never heard of unsettling to think that there might over, because it was so aversive. He youth feels “worn down” and hope- the Reid Technique, even though be vulnerable adolescents who have may report that it seemed pointless less about making any further denials. they used it, suggesting either poor made false confessions because of to continue to deny the allegations After all, all of his or her previous training or officers willing to go these interrogation techniques and because the detective just “kept ask- denials have been dismissed abruptly; beyond the Reid Technique, as John who have spent years in jail for some- ing the same questions over and over; denials did not work to end the Reid himself has suggested. thing they never did. I never thought it would be over.” At seemingly endless interrogation. So, this point, I usually ask why he did it should not surprise anyone if the not simply invoke his right to remain youth confesses to “a small mistake,” silent or insist on having an attorney just to get the interrogation over with. present. The most common answer I Once this happens, the interrogation hear is: “Never thought about that.” typically continues, flushing out more Or, “The detective would have just details about the “small mistake.” kept asking me questions.” Or, “I felt The youth’s will may have been over- I had to defend myself.” These an- borne. swers illustrate poor understanding of Miranda Rights and reflect “despair” Based upon my review of many inter- with respect to one’s will being over- rogations by detectives and from the borne. Late in a coercive interview, DVD’s I have critiqued, it is more it may be very difficult for a vulner- than evident that many police of- able youth to assert that she wants an ficers/detectives have been trained CC BY 2.0 Photo By Victor attorney or to have the interrogation in the Reid Technique. How many stop. Even when this happens, I have have heard of Dr. John Reid’s caution seen instances in which the detective about the use of this interrogation To be sure, some of the interroga- Typically, when I interview an ado- tion techniques being used by detec- lescent who made confessions dur- argues with the accused, wanting to procedures with adolescents, much know why the youth wants to stop less vulnerable adolescents? Dr. Reid tives are sophisticated, psychological ing interrogation, I ask if he felt his strategies intended to obtain the truth confession was truthful or if he felt it the interview when all the detective is has explained that the Reid Tech- trying to do get her side of the story. nique does not use incentives for a or a confession (which may not be was coerced or pressured. When he the truth). These techniques are not responds that his confessions were The interrogation often continues, confession or excessively long inter- unabated. views. This may be the case; howev- physically challenging or physically coerced and not true, I follow this er, in my experience, some detectives threatening. Yet, sometimes, these up with a series of questions as to why Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 9 « Miranda Rights continued from previous not said in the direct language of the means that he is choosing to give randa Rights or that the juvenile’s will I have seen efforts on the part of Miranda Rights. up his constitutional rights? Does it or voluntariness was overborne. The juveniles to try to stop the interroga- From a psychological point of view, mean that interrogations with a vul- job of the prosecutor is to argue that tion. In my opinion, it would be the especially when the totality of cir- nerable adolescent should be deferred the techniques were not coercive and rare, more mature adolescent who cumstances are considered (personal until the youth has an attorney pres- within the acceptable standard of care could say: “I don’t want to talk with vulnerabilities, situational circum- ent before and during interrogation? for a reasonable police investigation. you anymore without an attorney.” stances, coercive interviewing tech- These are questions begging for clari- It is recognized that the court has a More typically, youth try less direct niques), these somewhat feeble state- fication on both domains, intelli- history of accepting deception and a or less assertive ploys. These often ments can be interpreted to mean gently/knowingly and voluntarily significant amount of coerciveness in feeble efforts may reflect the poor that the youth is trying to invoke his waiving Miranda Rights. adult interrogations. Should this be ability of juveniles to assert them- right to remain silent. In some inter- It has been argued in court that the case with vulnerable adolescents? selves before an authority figure. rogations that I have critiqued, the detectives need to have some latitude I would argue not. Examples: judge has agreed. In others, not. in conducting their interrogations. In preparing these arguments, I of- • “I want to go home. Can I go Dr. Reid has used the term “caution” Some pressure on the part of detec- fer the following advice to attorneys home now?” in the use of the Reid Technique with tives for the accused to be honest from the point of view of a psycholo- • “You keep asking me the same juveniles and individuals with mental seems legitimate. Certainly, there is gist: questions. When will this end?” and intellectual impairments (without a place for confronting the accused A. Look carefully at the circum- with known facts and, in some cases, • “I am really tired of this. I want to mentioning juveniles specifically with stances surrounding the interrogation even presumed “facts.” This argu- see my mother.” mental/intellectual impairments). (time of day, location, length, who is ment has merit, in my estimate, espe- • “I need some sleep.” The term “caution” also has been present, timing of the handcuffs be- used in Supreme Court decisions cially for adults and, perhaps even for ing applied, etc.). • “I don’t want to do this anymore.” more mature and capable adolescents. regarding adolescents comprehend- Continued on next page » I have never seen such statements ing their due process rights, know- How much latitude is permissible for result in the ending of an interroga- ingly, intelligently and voluntarily. an immature adolescent, one with sig- tion. Nor have such statements even Unfortunately, the term “caution” nificant vulnerabilities (cognitive and elicited a prompt question from the appears to be largely undefined in the emotional) in difficult, pressured cir- detective, such as: “Are you saying law. Does caution mean that coercive cumstances and with psychologically you want to remain silent?” The techniques should not be used? Does sophisticated, coercive interrogation interrogation just continues. Yet, the it mean that all detectives should techniques? Clearly, this is a question above examples, in my opinion, re- make absolutely sure that the ac- for the judge to answer. The job of flect a sentiment that the youth wants cused subject fully comprehends each a defense attorney is to make persua- the interrogation to be over, even if Miranda warning and that “waiving” sive arguments that the juvenile did not comprehend or appreciate his Mi- CC BY 2.0 Mode Shift Move Together

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 10 « Miranda Rights continued from previous one’s advantage to have the DVD nothing spontaneously and provided to evaluate the potential coerciveness B. Look carefully at the youth in recording transcribed by a neutral no details other than, “OK, I did it.” of the interrogation. Even before terms of cognitive and emotional vul- (presumably unbiased), professional Finally, after listening to the DVD, these referral questions are asked, nerabilities (low functioning, submis- service. Otherwise, there will be it became more evident that the the psychologist will need to review sive, anxious, etc.). Does the youth arguments about what was really said interrogation was dominated by the relevant documents. These will take seem slow, highly anxious, ADHD? in the interrogation. The transcript detective, whose time talking occu- time to obtain. Start early. Be aware that sometimes this is dif- settles those arguments. Finally, the pied 96% of the verbalizations in the F. Remain mindful of the possibil- ficult to determine based on a short attorney (and the psychologist, sepa- entire interrogation and whose voice ity that even though the youth might interview, as would be the case for a rately) should listen to the DVD and was quite loud in contrast to the timid have been vulnerable cognitively and detective before interrogation begins. not just rely on the transcript. It is voice of the youth. emotionally…and even though the Therefore… important to listen to the tone of the circumstances of the interrogation C. Obtain any relevant prior records: were difficult…and even though the Prior psychological evaluations, actual interrogation was coercive… it school records (especially, Special may still be the case that the accused, Education records), mental health in fact, is guilty of the crime. This records, hospital records pertaining to can be a good, legitimate argument head injuries, prior arrest history and made by the prosecutor. One can still response to prior issuing of Miranda argue, even if the defendant is guilty, warnings. the client’s guilt does not absolve the detective of failing to show caution in D. Obtain DVD of police interroga- issuing Miranda warnings nor does it tion. If one does not exist, prepare justify coercive interviewing. A mo- your argument for this failure as neg- CC BY 2.0 Photo By Kevin Gebhardt tion to suppress the admissions may ligent. Be aware that research shows still be in order, even if the client is that professionals who write notes interview. Recently, I read a police E. Bring a psychologist into the guilty. “The tree has been poisoned.” (i.e. police reports) after a sensitive report which read as though the ju- process early, preferably one who is interview have been shown to reflect venile voluntarily and spontaneously familiar with Miranda issues. The What about adults who are vulner- bias in their recollections and written confessed to the crime. After view- earlier the defense attorney has in- able, adults who are low functioning, reports in the direction of their be- ing the DVD, it became apparent that formation from the psychologist, the submissive, anxious, ADHD, etc.? liefs prior to the interview (Ceci and the police report was quite inaccurate. better the attorney can prepare a legal Are they not vulnerable to poor com- Bruck, 1995). Recording interviews The youth only assented to leading, strategy. It can take a lot of time for a prehension of Miranda warnings is a safeguard against such a bias. I pressured questions after 70 minutes psychologist to assess for psychologi- also have learned that it is to every- of redundant questions. He offered cal vulnerability and even more time Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 11 « Miranda Rights continued from previous and mental health issues (including article is worth reading: Waiving BEHAVIOR, 23, (5), 499-516. and coercive interviewing? Clearly, psychosis, ADHD, anxiety, depres- childhood goodbye: How juvenile Kassin, S., Drizen, S.A., Grisso, T., Leo, Ofshe, Drizen have demonstrat- sion, suggestibility, etc.), courts fail to protect children from Gudjonsson, G., Leo, R.A., Redlich, ed that some adults do make false 2. The circumstances of the total situ- unknowing, unintelligent, and A. D. (2010) Police-induced confes- confessions under pressured circum- ation in which the Miranda Rights are involuntary waivers of Miranda sions: Risk factors and recommenda- stances. In their major study, 125 of issued, including the setting in which Rights. In the Wisconsin Law Re- tions, LAW AND HUMAN BE- the subjects who made false confes- the Miranda Rights are issued, the view, Volume 2006, No. 2. Copyright HAVIOR, 34:3-38 sions were adults; forty were under preceding events prior to issuing (e.g. 2005 by The Board of Regents of the University of Wisconsin System Leo, R.A. and Drizen, S.A. (2012) the age of 18 at the time of the false being handcuffed), the isolation of The three errors: Pathways to false confession. Is it fair to assume that the youth from the support of family, confession and wrongful conviction. REFERENCES: adults, just because they are adults, etc.), etc. In University of San Francisco LAW are not subject to some of the same li- 3. The degree to which the interroga- Ceci, S.J & Bruck, M. (1995) JEOP- Research Paper,No. 2012-04 abilities as youth under 18? This may ARDY IN THE COURTROOM: tion becomes coercive and manipula- Monchi, O., Petrides, M. Petrie, V, be a topic for another article. A SCIENTIFIC ANALYSIS OF tive, using isolation, cutting off deni- Worsely, K. & Dagher, A. (2001) CHILDREN’S TESTIMONY, APA, Conclusion: als abruptly, increasing anxiety, the Wisconsin Card Sorting Revisited. Washington, DC, pp 247-248 Even “normal” or typical adoles- use of the “alternative question, etc.” Distinct neural circuits participating in cents can be expected to have some In order to determine the “extent” Drizin, S.A. and Leo, R.A. (2004), different stages of the task identified as difficulty comprehending Miranda of these circumstances, it may prove The problem of false confessions in event-related on F MRI. J of NEU- warnings; the same might be true for helpful to obtain the services of a the post DNA World, 82 N.C.L. RE- ROSCIENCE, 21 (19), 7733-7741 VIEW, 891, 944 “normal” or typical adolescents in qualified psychologist, as early in the Piaget, J. (1958) The growth of logical terms of being capable of asserting process as is possible. Geidd, J. N. (2004) Structural magnet- thinking from childhood to adoles- their rights voluntarily. When consid- For the interested reader, I refer you ic resonance imaging of the adolescent cence. AMC, 10, 12 ering the “totality of circumstances,” brain, 1021 Annals N.Y. ACAD. SCI, to a more complete analysis of these Sowell, E. et. al. (1999) In vivo evi- it must be recognized that a “know- issues from the perspective of a very 77, 77 ing, intelligent and voluntary” waiver dence for post-adolescent brain matu- scholarly attorney, Kenneth King, Grisso, T. (1980) Juveniles’ capacities becomes less likely to the extent that ration in frontal and striatal regions, 2 at Suffolk University Law School, to waive Miranda Rights: An empirical those circumstances include: NATURE NEUROSCIENCE 859, Juvenile Justice Center, near Boston. analysis, 68 CAL L REV. 1134, 1153 859 1. The youth’s personal vulnerabilities I had the privilege of co-presenting Kassin, S. & Fong, C. (1999) I’m inno- owing to low cognitive functioning with Mr. King several years ago at the Steinberg, L. (2009) Cognitive and cent!: Effects of training on judgments (including low IQ, poor abstraction Juvenile Summit in Portland and was affective development in adolescence, of truth and deception in the interro- skills, developmental disabilities such most impressed with his legal com- 9 TRENDS IN COGNITIVE SCI- gation room. LAW AND HUMAN as Autism Spectrum Disorder, etc.) mand of Miranda issues. His seminal ENCE, 69

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able efforts to enable children to larly important issue to consider. compliance. Visitation conditions 3 Prison Visitation return to their parents’ care; how- National data tells us that the major- vary widely and institutions and are 5 ever, we sometimes may assume that ity of incarcerated parents do not not generally family-friendly. and the Best an incarcerated parent cannot take receive visits from their children.4 Incarcerated people have little legal an active role in a child welfare case, This can be attributed to a number recourse in the area of family con- Interests of or that children will be negatively af- of factors, many of which are un- tact. Although the United States fected by visiting a parent in prison, and that it is therefore reasonable for Children case workers to direct their limited by Caitlin Mitchell, YRJ Attorney time and resources elsewhere. Those If you work with families in the ju- assumptions can be devastating for venile dependency system, you have individual parents and children, and likely encountered parents with open for entire communities, in light of child-welfare cases who also are in- the high rates of incarceration in the carcerated. Over 1.7 million children United States and incarceration’s dis- in the United States have a parent parate effect on people of color. in prison1, and there is significant It is crucial for those of us who work overlap between DHS and DOC- in the juvenile dependency system involved families.2 to develop a nuanced understanding These families present special chal- of how an incarcerated parent may lenges for case workers, attorneys, maintain a relationship with his/her CC BY 2.0 Photo by Charlie F and judges. Incarcerated parents are child, the opportunities available at socially and physically isolated, and the institution where s/he is incar- related to the child welfare system. Constitution protects certain familial their relationships with their children cerated, strategies for maintaining Most prisons are located far away and associational rights, the U.S. and other family members are often contact, and the challenges and bar- from where families live, making Supreme Court has determined that strained. It is well-established that riers that the parent will likely face, visitation logistically difficult and “freedom of association is among the incarceration does not excuse DHS among other things. As one of the expensive, and families must comply rights least compatible with incar- from its obligation to make reason- most important predictors of family with numerous rules and regulations ceration,” and that restrictions on reunification, visitation is a particu- and may be turned away for non- Continued on next page »

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« Prison Visitation continued from previous traumatic for children, emphasizing ment, support dealing with reality, assessing whether visitation with an visitation must be viewed with “sub- that visits can aid a child’s emotional and can even provide the opportunity incarcerated parent will be a positive stantial deference to the professional adjustment by helping to repair the for improving relationships.” experience. The assessment found judgment of prison administrators, trauma of separation and by allow- A recent assessment of existing stud- documented, positive outcomes for who bear a significant responsibility ing the child to meet other chil- ies regarding parent-child prison children when contact occurred as for defining the legitimate goals of a dren with incarcerated parents, so visitation suggests a few factors that part of a broader program or inter- 9 corrections system and for determin- they know they are not alone. That may be of particular importance in vention. It also noted the impor- ing the most appropriate means to general philosophy also is reflected tance of the caregiver’s relationship accomplish them.”6 The Court has in the DHS’ policies. The rules state with both the incarcerated parent held that limitations on visitation will that the “paramount concerns” in and the child—for example, whether be upheld so long as they bear a ra- creating a family-child contact plan the caregiver provided emotional tional relation to a legitimate govern- are “develop[ing] or enhance[ing] at- support and reassurance to the child, mental interest—in particular, the tachment” between the child and the and whether the parent and the government’s interest in maintaining family; “reduc[ing] the trauma” asso- caregiver had frequent communica- 10 safety and security. When families ciated with separation from primary tion. Finally, the conditions of the are DHS-involved, the agency or the attachment figures; and “assur[ing] visit, particularly the visiting space juvenile court may determine that that the safety and well-being of the itself and whether or not it was child- 7 visitation is contrary to the child’s child.” The same principle applies friendly, will affect the quality of the 11 best interests, even if visitation would to children whose parents are in- visitation experience. theoretically be logistically and fi- carcerated: “Just like other parents In considering whether visitation nancially possible. in the child welfare system,” DHS’ is in a child’s best interest in a Child Welfare Procedure Manual When is visiting an incarcerated par- particular case, it is worth exploring states, “parents who are incarcer- each of those factors. First, who ent in a child’s best interests? The ated continue to have the right to be answer depends on the particular would be bringing the child to visit? involved in their children’s lives,” and Is it a caregiver or family member circumstances of the child and fam- parents and children “can continue to ily. Advocates around the country whom the child knows and trusts? have relationships that will be of value What is that person’s relationship are working to dispel the myth that 8 to both of them.” Specifically, visita- to the incarcerated family member? prison visitation is necessarily scary and Sakhorn38/FreeDigitalPhotos.net tion “can dispel fears, support attach- Continued on next page »

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« Prison Visitation continued from previous also offer special visiting days with Attorneys and caseworkers can play activities. Facilities like Santiam Visitation Logistics an important role in making a visit a Correctional, a men’s minimum more positive experience by help- security releasing facility in Salem, Anyone who wants to visit an incarcerated person in Oregon’s prisons ing the child and caregiver prepare has child-focused visitation every must submit a visitation application, available through DOC’s website.13 for the visit and process emotions Thursday evening for families pre- If the prospective visitor is a child, DOC then sends a second form to afterwards.12 paring for reunification upon release. the child’s parent or legal guardian requesting that person’s consent Oregon’s Department of Correc- to allow the child to visit. Visitation paperwork can take time to pro- A second question to consider is tions is working hard to increase the cess—until recently, the average wait was six to eight weeks, although whether there are broader interven- availability and frequency of what DOC has currently worked hard to reduce the processing time to under tion programs available at the prison they call ‘Enhanced Visitation Op- three weeks depending on how quickly parental consent is completed. where the parent is incarcerated. portunities’ targeted specifically at DHS workers who bring children for prison visitation can often sched- The most comprehensive programs creating child-friendly environments ule visits more quickly, through the “professional visit” route.14 DOC’s exist at Coffee Creek Correctional for healthy bonding.A caseworker rules regarding visitation are outlined in OAR 291-127-0200 through Facility, Oregon’s women’s prison. or attorney should talk to the parent 291-127-0330. 15 Those programs include the Fam- and/or his/her prison counselor to ily Preservation Project, Early Head find out more about what options Start, and “Through a Child’s Eyes” are currently available for parents. family visiting events, with activi- ties for children and families. The A final question to consider is the Family Preservation Project pro- nature of the visitation space avail- vides support groups to mothers, able at the institution where the extended, structured visitation days parent is incarcerated—in particular, twice a week, supervised phone calls, whether the parent is permitted to support for parents in contacting have contact visits. Many prisons and becoming involved with their have child-friendly visiting areas children’s schools, and counseling, with toys, books, interactive video as well as support for the children’s games and televisions. It may also be caregivers. Many men’s facilities Continued on next page » CC BY 2.0 Photo By E d Sch i pu l

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« Prison Visitation continued from previous corrections system in Oregon is 126 (2003). In that case, the Court http://nrccfi.camden.rutgers.edu/ possible to request a private visiting unknown, a significant number of upheld the Michigan Department resources/library/children-of-prison- room when a child is brought to a families are affected by both sys- of Correction’s visitation policies ers-library/; “How to Talk about Jails visit by a DHS caseworker. tems—a conservative study found which, among other things, barred and Prisons with Children: A Care- that approximately 10% of incarcer- visitation between a child and a par- giver’s Guide,” available at h t t p :// By taking these factors into consid- ated mothers and 6% of incarcer- ent whose rights had been termi- www.oregon.gov/doc/PUBAFF/ eration, those of us who work with ated fathers had at least one child in nated; restricted children’s visitation pages/oam_booklet.aspx; “Sesame families in the juvenile dependency foster care; subsequent interviews to immediate family members; and Street Little Children, Big Chal- system can come to a clearer un- revealed that, for every 100 women allowed DOC to suspend visitation lenges: Incarceration Toolkit” avail- derstanding as to when visitation incarcerated in Oregon, approxi- indefinitely as punishment for disci- able at http://www.sesamestreet.org/ may or may not be in a child’s best mately 38 children were involved plinary infractions. parents/topicsandactivities/toolkits/ interests. in either temporary shelter care or 7OAR 413-070-0800 (2008). incarceration; “Building Bridges: A Footnotes long-term foster care). Workbook for Children with an In- 8DHS Child Welfare Procedure 1LAUREN E. GLAZE & LAURA 3State ex rel. Juvenile Dept. v. Wil- carcerated Parent,” available at h t t p :// Manual, Appendix 4.16, 1, available www.law.umich.edu/centersand- M. MARUSCHAK, BUREAU OF liams, 204 Or App 496, 130 P3d 801 at http://www.dhs.state.or.us/caf/ JUSTICE STATISTICS, DEP’T (2006). programs/pcl/Documents/Build- safety_model/procedure_manual/. ing%20Bridges%20workbook.pdf OF JUSTICE, SPECIAL REPORT: 4 GLAZE & MARUSCHAK, supra 9 PARENTS IN PRISON AND Julie Poehlmann et al., Children’s 13http://www.oregon.gov/doc/ note 1 at 4 (42% of incarcerated par- Contact with their Incarcerated Par- THEIR MINOR CHILDREN, 1-2 ents had received at least one visit). OMR/Pages/Visiting-adults-in- (2010), available at http://bjs.ojp. ents: Research Findings and Recom- custody.aspx. 5For a somewhat recent DOC study mendations, American Psychologist usdoj.gov/content/pub/pdf/pptmc. 14 on visitation conditions in Oregon’s Vol. 65, No. 6, 591 (2010). http://www.oregon.gov/doc/OPS/ pdf.). PRISON/docs/pdf/osp_profes- prisons, see Department of Correc- 10 2 Id. at 586-87. J. Mark Eddy and Julie Poehlmann, tions Family Visitation Study (2009), sional_visit_guidelines.pdf. 11 eds., Children of Incarcerated available at http://www.oregon.gov/ Id. at 579, 585. 15http://arcweb.sos.state.or.us/pages/ Parents: A Handbook for Research- doc/RESRCH/docs/visitation_ 12There are numerous free, written rules/oars_200/oar_291/291_127. ers and Practitioners, 268-69 (2010) study_200910.pdf. resources available for care givers. html. (although the precise extent of the 6 See Children of Prisoners Library, overlap between the foster care and See Overton v. Bazetta, 539 U.S. Materials for Caregivers, available at

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subsequently were removed from her have been considered at father’s con- mental health issues did not pres- CASE care by Texas child welfare services. tested hearing to determine whether ent a risk of harm to the children. Father remained in Oregon and was * * * there was a basis for the court The Court of Appeals held that the SUMMARIES acquitted of the related criminal to assert jurisdiction over the chil- circumstances were insufficient to By Jason Pierson, YRJ Law Clerk charges. Father argued that (1) the dren.” prove that there was a current risk trial court abused its discretion in as- of harm to the children that would In a narrow holding, the Court of serting jurisdiction over his children warrant jurisdiction. Dept. of Human Services v. Appeals agreed with the father and before providing him with a hearing W.A.C., 263 Or App ___, ___ held that “a juvenile court cannot to challenge the petition allegations P3d ___ (June 4, 2014) assert jurisdiction over a child based Dept. of Human Services v. in 2012; and (2) the trial court erred Opinion written by Nakamoto; on the admissions of one parent S.R.C., 263 Or App 506 (2014) in asserting jurisdiction over his Out of Washington Co. when the other parent has been Opinion written by Egan; Out of children in 2013 because the totality served and summoned, appears, and Washington Co. of the circumstances did not demon- Father appealed the trial court’s contests the allegations of the peti- strate a current threat of serious loss order denying his motion to set aside tion.” Mother appealed a judgment on a 2013 jurisdictional judgment, in or injury to the children that was an amended petition establishing which the court found that father’s likely to be realized. The Court of Appeals then analyzed jurisdiction over her six children, whether, when viewed in the light abusive behavior placed the children Father’s motion to set aside the 2012 including H. The court had initially most favorable to the juvenile’s court at risk of harm. That judgment was jurisdictional judgment argued that found jurisdiction based on allega- disposition, the evidence was legally based on mother’s 2012 admis- mother’s unilateral admission to alle- tions related to mother’s drug use; sufficient to warrant jurisdiction at sions that she had been subjected to gations relating to both mother and approximately one year later, the the 2013 hearing. At the time of domestic violence by father. At the father did not conclusively establish Department of Human Services the 2013 hearing, mother and father time that mother made her admis- facts sufficient to establish subject filed an amended petition alleging, were living in different states and sions, all parties agreed to postpone matter jurisdiction of the children, among other things, that the stepfa- the children were not in the care of father’s contested jurisdictional where father had no opportunity to ther’s domestic violence had placed mother. Therefore allegations relat- hearing until after the adjudication contest the facts alleged. Father also the children at risk of harm . At the ing to domestic violence between of his related criminal case. Shortly argued that “mother’s admissions time of the hearing, H was living mother and father and father’s abil- thereafter, mother moved to Texas were simply evidence that should with foster parents and both mother with the children, and the children ity to protect children from mother’s Continued on next page »

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« Case Summaries continued from previous establishing that a child’s welfare skills, and motivation necessary to turn home; and that the court erred and stepfather were incarcerated. could be endangered for additional ensure her children’s safety thereby in finding jurisdiction based on the reasons. The court reasoned that making the children unsafe.” Be- new mental illness allegation. The Mother argued that the evidence was the type and extent of efforts that fore the permanency hearing, DHS court summarily rejected each argu- insufficient to show a current risk mother and DHS must make for re- filed a second petition alleging that ment, either because mother was not of serious loss or injury to H at the unification to occur are determined “mother * * * suffers from a mental permitted to challenge the original time of the hearing, because mother by reference to the bases for juris- illness, emotional illness, or mental bases of jurisdiction that that time, was incarcerated and was not set diction, and that the allegations in impairment that interfere[s] with her or because the evidence, viewed in to be released until 2015, after H’s the amended petition were meant to ability to safely parent.” The trial the light most favorable to the trial eighteenth birthday. better identify the risk that mother court held that DHS had presented court’s disposition, supported the presents to her child. sufficient evidence to establish the challenged finding. allegation in the amended petition; Mother also argued that, in deter- Dept. of Human Srvcs. v. the court also found that, notwith- mining that she had not made suf- R.B., 263 Or App 735 (2014) standing DHS’ reasonable efforts, ficient progress, the juvenile court mistakenly had relied on facts ex- Opinion written by Hadlock; Out the parents had failed to make suffi- trinsic to the proven bases for juris- of Lincoln Co. cient progress such that the children could be returned to their care, and diction, including the mental illness it changed the plan from return to allegation. The Court of Appeals ©YRJ Photo Fred Joe Mother appealed judgments en- parent to adoption. rejected mother’s argument, finding tered at a consolidated permanency that the trial court had based its per- The Court of Appeals disagreed in hearing and jurisdictional adjudica- On appeal, mother argued that the manency decision on the allegations stating that mother’s argument was tion. The initial bases for jurisdic- alleged bases for jurisdiction were in the original petition. The court “a cynical one,” holding that, when tion were “(1) [mother’s] behavior is too vague to make a determination further found that mother’s mental jurisdiction has been previously impulsive or she cannot or will not as to whether her progress was suf- health problems could be fairly im- established and the child has been control her behavior thereby mak- ficient; that the evidence was insuf- plied from the original jurisdictional removed from the parent’s care, the ing the * * * children unsafe; and ficient to support the determination judgment, putting mother on notice that she had to address mental health parent cannot rely on that fact in (2) mother’s behavior exemplif[ies] that mother had not made sufficient Continued on next page » an effort to prevent the State from her lack of parenting knowledge, progress to allow the children to re-

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« Case Summaries continued from previous con- ty poses an immediate threat to the fice. The youth was calm and com- youth had verified that he and the cerns to be reunified with her chil- safety of others at the school, the of- pliant with all requests. The princi- other student had been involved in a dren. In particular, the court ficial may take reasonable measures pal stated, “I have to follow through relationship, and because youth had cited language in the allegations that in response, including conducting a my processes here, so I’m going to previous discipline issues, the princi- mother “cannot or will not control limited, warrantless search. Youth search your backpack.” The youth pal was acting based on specific and had communicated with another did not give consent, but the principal articulable facts. Further, the court her behavior” and mother’s lack student via phone calls and text mes- performed the search and located am- noted that no matter where the gun of “motivation,” coupled with the sages that he was going to bring a munition and a .45 caliber handgun in was located, it presented a danger to caseworker’s concern about mental gun to school and shoot her and oth- the youth’s bag. the students. Therefore the court health and mother’s attendance at held that the principal’s search of mental health therapy throughout youth’s backpack was reasonable un- the case. der the circumstances present when he conducted the search. State v. AJC, 355 Or 552 (2014) Opinion written by Baldwin; Out DHS v. B.A. and B.O., 263 of Washington Co. Or App 675 (2014) Opinion written by Tookey; Out Youth appealed the juvenile court’s of Jackson County denial of his motion to suppress evidence discovered during a pur- Mother and father appealed from portedly unconstitutional search. CC BY 2.0 Photo Mariusz Klusniak a jurisdictional judgment over The issue presented was whether the er students. The threat was reported The Oregon Supreme Court exam- their two-year-old daughter based principal’s warrantless search of the to school faculty, including the ined whether the protective action on allegations that (1) mother had youth’s backpack while at school was principal. The principal performed (i.e. – the limited search of youth’s unresolved substance abuse; and (2) permitted under the school-safety an unfruitful search of the youth’s backpack) taken by the principal father lacked an order granting him exception to the warrant require- locker. The principal then went to was reasonable given the particular sole custody of their daughter. The ment . Under that exception, if a the youth’s classroom, picked up the circumstances presented, and based State sought to dismiss the appeal school official reasonably suspects youth’s backpack, and had the youth on specific and articulable facts. because the juvenile court had that an individual on school proper- accompany him to the principal’s of- The court reasoned that because Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 19 Juvenile Law Resource Center

« Case Summaries continued from previous In the Matter of ELT; DHS hearing, a positive UA four months court jurisdiction is not warranted dismissed jurisdiction and termi- v. E.M., 263 Or App __, __ prior to the hearing, and a single * * * unless and until DHS proved nated the wardship. The parents P3d __ (July 2, 2014) no-show for a UA. Mother also had that neither parent who appeared argued that, despite the dismissal of Opinion written by Ortega; Out provided two clean UA’s prior to the could safely parent the child.” Id. at jurisdiction and termination of of Lane Co. jurisdictional hearing. Following 394. Therefore, the court concluded wardship, which would normally Dept. of Human Services v. M.Q., that the juvenile court had erred in render the appeal moot, the col- Mother appealed a judgment assert- 253 Or App 776 (2012), the Court of asserting jurisdiction over the child lateral consequences of the jurisdic- ing jurisdiction over her daughter, Appeals reasoned that “jurisdiction E.L.T. tional judgment make the appeal alleging that DHS had failed to cannot be based on speculation that justiciable. The parents asserted that show that her substance abuse per- a parent’s past problems persist at Erratum. The Summer 2014 JLRC the collateral consequences included sisted at the time of the hearing or the time of the jurisdictional hearing Case Summaries were written by: Sarah Abfalter, Jason Pierson, Tyler Neisch, a social stigma associated with a was likely to lead to a serious threat in the absence of any evidence that Kimberly Davis and Arianna Stephano. judicial determination of jurisdic- of loss or injury to her daughter. the risk, in fact, remains.” The court tion and that a “founded” referral The Court of Appeals agreed with held that DHS had not presented will remain in their record with the mother and held that the juvenile sufficient evidence that mother was Department. The Court of Appeals court erred in asserting jurisdiction abusing substances or that any sub- rejected mother and father’s argu- over the child. stance abuse problem interfered with her ability to safely parent her child. ment and dismissed the appeal. The The juvenile court found jurisdic- court reasoned that the underlying tion on the basis that (1) “mother’s In light of its recent opinion in Dept. jurisdictional judgment did not pres- substance abuse interferes with her of Human Services v. W.A.C., 263 ent collateral effects that represented ability to safely parent the child;” Or App 382 (2014), the court noted more than a “mere possibility” of and (2) “father’s substance abuse that the fact that father had a sub- adverse consequences, and therefore interferes with his ability to safely stance abuse problem that interfered the parents did not meet their bur- parent the child.” The only evi- with his ability to parent did not sup- den to show sufficient consequences dence that DHS presented regarding port jurisdiction, where the child’s to make the appeal justiciable. mother’s drug use was a positive UA mother was a fit parent.. In W.A.C., six months prior to the jurisdictional the court had held that “juvenile CC BY 2.0 Photo Emmanuel Huybrechts

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 20 in others. This catalog allows us Mom has long suspected that Uncle mother without prior suspicions— Detecting False to scrutinize a given case in order Fred is a bad man who does bad and, in many cases, the yes/no ques- to ask whether factors promoting things. It is easy to imagine that this tions will be phrased with “yes” as Memories in suggestibility are present or absent. mother might take her child’s remark the expected answer. If many of these factors are present, seriously and pursue it with vigor. On this logic, it is often helpful to Children concern about suggestibility and Even if her child now insists that know about the beliefs and expecta- By Daniel Reisberg false memory has to increase; if few nothing has happened, the mother tions of the person who first ques- (or none) of the factors are in place, might still press her child, just to tioned the child. Information about Editor’s note: Daniel Reisberg is a the concern is diminished. …… make certain. But now, in a second these points will, in many cases, professor at Reed College and author of Here, then, is a list of a dozen fac- scenario, let’s say that a child makes allow us a plausible reconstruction a forthcoming book entitled The Science tors that one should keep track of a similarly ambiguous remark about of how that initial conversation of Perception and Memory: A Pragmatic when trying to discern whether a Uncle Joe, but Mom is convinced unfolded. The reconstruction, in Guide for the Justice System. Among other child may have been misled and thus from the start that this suggestion turn, can provide information about topics, the book offers practical advice for whether the child’s report might be makes no sense; she firmly believes whether the questioning was sugges- situations involving eyewitness identifica- an honest, candid instance of con- Joe could not have committed the tive or leading, or entirely neutral. tions, remembered conversations, evidence fusion, with the child “recalling” suggested acts. In this case, the We should pause to ask, though: obtained from children, confession evidence, events that did not occur. … … mother might not question her child Why a reconstruction? Why not sim- and more. In the previous issue, we offered at all or might question her only in ply ask the adult involved how the a (lightly edited) excerpt from Reisberg’s 7. Plausibility. We discuss in a later a cursory manner, and she would conversation unfolded? The answer Chapter 10; here is another. For an section the sorts of false memories likely accept the initial denial. lies in the likelihood that the adult expansion on these excerpts (including that can, by one means or another, Likewise, let’s say that Mom does will be unable to recall the relevant the book’s many scholarly citations to the be planted in a child’s recall. We have suspicions about Uncle Fred details of the conversation. Thus, relevant research), and more information should be clear, though, that some and preconceptions about what Fred an adult’s memory seems to provide about Reisberg’s book, click here. suggestions are more likely to suc- ceed than others, and, in children as may have done. In this setting, the the most direct means of determin- mother is more likely to ask her child ing how a conversation unfolded, (From Reisberg’s The Science of Percep- in adults, a suggestion will be more leading questions (in comparison to but, with the memory demonstrably tion and Memory: A Pragmatic Guide for readily accepted if the suggestion a mother who enters the conversa- unreliable, this is a circumstance in the Justice System.) seems plausible from the outset. tion with no expectations) in order which we’re forced to rely instead on …To understand the influence of to ferret out information about a thoughtful process of reasoning Scientific research allows us to cata- plausibility, consider two scenarios: Fred’s misdeeds. A mother with through how the conversation likely log some of the factors that make In the first, let’s say that a child preconceptions about what may have proceeded. the suggestion of a false memory makes an ambiguous remark about occurred is also more likely to ask easier in some circumstances than being touched by Uncle Fred, and What about the other side of this yes/no questions in comparison to a Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 21 « False Memories continued from previous when Ron came to your class yester- children often do little more than issue—the effect of plausibility on day?” Or, equivalently, “I’ve heard “launch” the creation of a false the child? Here, let’s imagine that that Sam is sometimes naughty. Do memory. The details of the memory little Judy has, in various conversa- you know anything about Sam?” Se- are, in many cases, supplied by the tions, overheard adults in her fam- quences like this can lead children to children themselves. ily talking about sexual matters, report on Ron’s clumsy acts or Sam’s including various forms of physical misbehavior even though nothing of contact. Let’s also imagine that Judy the sort occurred. Book Review knows that cousin Sue was abused, Note that, in cases involving ste- By Paul E. Levy, General Counsel, and maybe she knows that Sue reotype induction, children are OPDS testified in her abuser’s trial. As a “active partners” in the creation result of these experiences, Judy will of the false memory. (We should Kids for Cash: Two Judges, Thousands of be familiar with the broad notion mention, though, that this “activ- Children, and a $2.8 Million Kickback of sexual touching, and we earlier ity” is evident in many other set- by William Ecenbarger discussed the role of familiarity in tings as well.) Thus, no one has to The New Press, 2012 creating false memories. In addition, lay out for the child, “This is the I’m recommending an important Judy will now think it plausible that narrative sequence I want you to she might have experienced sexual and disturbing new book about judicial scandals because of the endorse.” Instead, the creation of a juvenile justice that may have lessons touching (because, she has learned, kickbacks received by the juvenile false memory often involves some- for how we do things in Oregon. In court judge and the presiding judge this sort of touching does indeed one merely planting a “seed” (“Did fact, “Kids for Cash,” by William of the county from the operators of happen). This perspective will make grandpa touch you?”), and the seed Ecenbarger, is a legal thriller about the detention facility, resulting in a Judy less resistant to suggestions can sometimes be rather diffuse the waiver of counsel and shack- federal prosecution and long prison that she, too, has been abused, and (“Did grandpa do something bad to ling of youth in delinquency cases. sentences for the judges. hence more vulnerable to outside you?” or even “You know, grandpa It’s a true story about the juvenile information suggesting that, yes, she sometimes does bad things.”). From court in Luzerne County, Pennsyl- But the real scandal for many is that vania, between the years 2003 and has experienced some form of sexual that base, the child can then develop no one seemed to care what was contact. 2007, when the juvenile court judge happening in juvenile court until a narrative about the (fictitious) routinely sent children to a private, federal prosecutors began investi- 8. Stereotype induction. A related event—perhaps on his or her own or for-profit detention facility for such factor is often dubbed “stereotype perhaps via a “collaborative conver- minor offenses as an online parody gating possible money laundering induction.” Specifically, imagine a sation” with an inquiring adult. of the school principal and graffiti to charges as a result of a complaint sequence in which you tell a child, a few stop signs. unrelated to what was happening to This pattern is certainly in place “You know, Ron is really clumsy. the kids who appeared in court. for stereotype induction but ap- The story has become well known Can you tell me what happened Continued on next page » plies more broadly. Suggestions to as one of the country’s biggest

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 22 « Book Review continued from previous The kids routinely appeared in court without lawyers and were dispatched to detention after hearings that typi- cally lasted fewer than five minutes. This happened with the complic- ity of the juvenile department, of course, which advised kids and par- ents that lawyers were unnecessary and would only make matters worse ingredients to the massive injustice making of the film, the repercus- (in fact, in those cases where kids in Luzerne County—a strong and Kids for Cash sions of the scandal, and the poten- did have lawyers, they nearly always feared judge, a complicit juvenile tial lessons for Oregon. The panel fared much better). The public de- department, complacent defense Film Holds included: Robert May, the film’s fenders never raised a concern and, attorneys, indifferent prosecutors director; Robert Schwartz, the ex- indeed, may not have understood and thankful school officials—are Oregon Premiere ecutive director of the Juvenile Law that the practices in Luzerne County not unique to this case. That was the Center; Nan Waller, Multnomah message of Marsha Levick, the legal Benefits Youth, Rights & Justice County Circuit Court Judge; and were contrary to best practices in and the Juvenile Law Center delinquency cases and very different director of the Juvenile Law Center Mark McKechnie, executive director from the norm for the rest of Penn- in Philadelphia, who was critical to On June 22, a benefit screening at of Youth, Rights & Justice. sylvania, which otherwise is a fairly obtaining expungements and fi- the World Trade Center of SenArt’s On June 23, Robert Schwartz and Kids for Cash documentary raised progressive state when it comes to nancial awards for the thousands of Julie McFarlane, YRJ Supervising nearly $5,000 for Youth, Rights & juvenile justice. The young pros- children involved in the story and Attorney, presented a second screen- who spoke about the case this past Justice and Philadelphia’s Juvenile ecutors assigned to “kiddie court” Law Center. ing as part of a CLE on access to were simply happy to win their cases spring at the OCDLA juvenile law justice and ethics. so easily, while over the years two seminar. The following sponsors made the event possible: Tonkon Torp LLP; The film Kids for Cash is currently elected DAs never set foot in juve- The book is an engaging and easy academy award eligible and will be nile court. And school officials were read, if a bit florid and overwritten at Holland & Knight; Dunn Carney; Harrang Long Gary Rudnick PC; available on blue ray and dvd near thrilled to have underperformers times. The Sunday New York Times the first of the year. and troublemakers sent away. called it “a harrowing tale, lucidly Global Collaborative Network LLC; and Angeli Ungar Law Group LLC. Except for the bribery and kickbacks told by a journalist with a good eye Find us on Facebook: involved, which in the end may have for detail.” For anyone concerned Following the screening, a distin- www.facebook.com/ about juvenile justice, it’s a cautionary guished panel led by Secretary of Youth-Rights-Justice- had little to do with the juvenile A T T O RNE Y S A T T O RNE Y S A T L AW A T L AW Attorneys-at-Law judge’s conduct of his court, the and informative story. State Kate Brown discussed the

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 23 because the district court incorrectly admitted, and when viewing the inappropriate for use on children CASE admitted hearsay testimony from a evidence in the light most favorable and adolescents, they are still widely social worker, because the trial court to the prosecution a rational trier of used by police departments across SUMMARY found that the social worker’s inter- fact could have found the essential the nation. An ongoing University By Jason Pierson, YRJ Law Clerk view was for medical purposes. elements of the crime beyond a rea- of Virginia study conducted by Todd sonable doubt Warner has found that the risk for The Court of Appeals held that that false confessions when these interro- a certification of juvenile delinquen- United States v. JDT, Juve- gation techniques are used is higher cy filed by a United States Attorney nile Male, __ F.3d __, 2014 in juvenile suspects. WL 3906767 (9th Cir. August is presumed accurate, unless circum- stances calling its accuracy or valid- The study points to techniques such 12, 2014). ity are identified. Next, the Court as, leading questions, presentation of of Appeals held that §2241 did not false evidence, and heightening anxi- Defendant, JDT, a ten year-old violate principles of notice within ety during interviews as some of the male, was charged with six counts due process since the statute clearly most troublesome. These techniques of aggravated sexual abuse of five defines what conduct is prohibited are more troublesome in juvenile boys between the ages of five and six and delineates who can be charged suspects because their brains are still years old. JDT claimed that (1) the with such conduct, including offend- developing, which makes them more district court did not have jurisdic- ers under the age of 12. The Court impressionable. As part of the study, tion over the delinquency matter of Appeals also held that the mens Warner has interviewed 178 police because the Government failed to rea term of “knowingly” in §2241 officers to determine what role the CC BY 2.0 Photo By Evgeniy Roginskiy present a valid certification; (2) that did not require a heightened under- age of the suspect plays in interroga- §2241 is unconstitutionally vague standing of JDT’s action, but rather tion. and ambiguous because it fails to simply an understanding of the facts Some key findings included: address situations where the of- underlying the offense. Finally, RESOURCES fender and victim are under the age By Tyler Neish after the Court of Appeals deter- • “90% of juvenile suspects of twelve; (3) that he was unable mined that the trial court identified waive their Miranda rights and to achieve the mens rea required the correct legal rule regarding the Law & Order for Juveniles: begin talking after an arrest.” by §2241 regarding sexual intent social worker’s hearsay testimony, U.Va. Study Urges Altering because of his young age and lack of it determined that the trial court’s Police Interrogations • Only 20% of police officers testosterone; and (4) that the Gov- application of the legal standard was receive any training on adolescent ernment failed to provide sufficient not illogical, implausible, or with- Even though research shows that brain development evidence to prove beyond a reason- out support. Therefore, the social interrogation techniques used to able doubt that JDT violated §2241 worker’s testimony was properly obtain confessions from adults are Continued on next page »

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 24 « Resources continued from previous RAD Replaced by youth. This guide, “Noncitizen included as a factor in a Risk Assess- Youth in the Juvenile Justice System” ment Instrument (RAI) analysis; • Less than half of the officers Multnomah A&E is a useful tool for delinquency at- •Even neutral policies can have a had training on how to assess a torneys, who are trying to determine Multnomah County’s Residential Al- disproportionate impact on nonciti- suspect’s Miranda comprehension what their responsibilities are when cohol and Drug program, which was zen youth. For example, the flight they have a noncitizen youth client. risk criteria require a verifiable local • “Nearly all of the officers sur- housed in the Multnomah County Juvenile Detention Facility has been The guide provides readers with address which noncitizen youth may veyed reported frequently using closed. Replacing it in the same various juvenile court practices decline to disclose for fear of depor- the same interrogation techniques space is the Multnomah Assess- that may unfairly prejudice nonciti- tation of parents; on minors as on adults.” ment and Evaluation Program. This zen youth, while also providing an •Lack of culturally or linguistically Based on his findings thus far, program is a short term residential introduction to key immigration competent services and personnel concepts. The guide is comprised Warner has many recommendations program designed to provide tem- increases unnecessary detention; of three main parts: a profile of to improve the accuracy of juvenile porary structure, stabilization and •If the status of a youth is needed noncitizen youth in the U.S., the interrogations, including: 1) Of- treatment readiness. The goal of the to determine eligibility for services, relevance of a youth’s immigration counsel and the court should consult ficers must receive formal training program is to provide a safe place where youth quickly enter and begin status, and whether or not juvenile an immigration expert; in adolescent brain development; 2) justice personnel are required to receiving services while longer term •Local juvenile justice personnel are assist ICE officials. Additionally, the Deceptive techniques such as fabri- plans are made for the youth. not required to assist with enforce- guide also examines the practices of cated evidence should not be used ment of federal immigration laws. various states and how they comply/ on juvenile suspects; 3) Social scien- However, some states have volun- assist with federal immigration law tists must do more than be critical of Noncitizen Youth in the tarily adopted laws to report nonciti- enforcement. current methods, and instead, they Juvenile Justice System zens in some cases, and Key findings and recommendations must work with law enforcement to •Reporting noncitizen youth to included: improve interrogations of juvenile Research shows that the juvenile federal immigration authorities •Noncitizen youth involved in the suspects. justice system is serving significantly undermines the fundamental goals more noncitizen youth than in the juvenile justice system need access of the juvenile justice system such as, To access the article on the ongoing past. The Annie E. Casey Founda- to an experienced attorney who can confidentiality and reunification. study go to: tion, working with Legal Services affirmatively advise the youth as to potential immigration penalties as http://news.virginia.edu/content/ for Children and the Immigrant The guide can be found at: h t t p :// law-order-juveniles-uva-study-urges- Legal Resource Center, prepared a well as possible immigration relief www.aecf.org/resources/noncitizen- altering-police-interrogations guide outlining juvenile detention (i.e. SJIS, U Visa, etc…); youth-in-the-juvenile-justice-sys- reform as it relates to noncitizen •Immigration status should not be tem/ •

Volume 11, Issue 3 • Autumn 2014 Youth, Rights & Justice Juvenile Law Reader Page 25 Sponsors Save the Date Barran Liebman LLP • Capital Pacific Bank • Charese Rohny Law Office, LLC • Columbia Bank • Consolidated Community Credit Union • Convergence Northwest, 2014 Juvenile Law Inc. • Coordinated Resources Group, Inc. • Cushman Training Academy & Wakefield of Oregon, Inc. • Davis Wright Tremaine LLP • Dr. Hillinger • Eames Consulting • Gallatin Outside the Box: Practical Public Affairs • Gevurtz Menashe Larson & Howe PC Strategies for Juvenile • Harrang Long Gary Rudnick P.C. • Jeffrey & Deborah Practitioners in Increasingly Wihtol • JPMorgan Chase Bank • Key Bank • Markowitz, Herbold, Glade & Mehlhaf PC • Orrick, Herrington & Complicated Cases Sutcliffe LLP • Pacific Office Automation • Register- October 20–21, 2014 Guard Federal Credit Union, Springfield OR • Schwabe Williamson & Wyatt • Sigma Investment Management Eugene Hilton Company • Steve Fleischman & Stacey Heath • Stewart This seminar is for all juvenile court Title • The Standard • Tonkon Torp LLP • United Airlines lawyers, including both state’s attor- • Vangelisti Kocher LLP • Williams Kastner and more! neys and attorneys for children and Auction Items parents, and for Guardians Ad Litem Presented By Dinner with Phillip Margolin, New York Times and CASAs. Register Here bestselling author of Worthy Brown’s Daughter • Alaska Airlines Getaway • United Airlines Tickets • Costa Rica Adventure at Tambor Tropical Resort • Island getaways Sixth Annual Wine to Antigua, Panama and Barbados • Instant Wine Cellar Join Youth, Rights and Justice for its • Getaways to the Oregon Coast and Ashland • A Date and Chocolate 6th Annual Wine & Chocolate Ex- Night Every Month for a Year • Portlandia Memorabilia • travaganza to raise critical funds for Extravaganza Casino Adventures at Wildhorse and Chinook Winds • its advocacy and programs. This year Portland Spirit Cruise • Tastings at Eastside Distillery over 300 local kids will need YRJ’s and World Class Wines • A fabulous Portland Staycation Benefiting Youth, expert advocacy to stay in school • Disneyland Adventure and more! Rights & Justice and succeed. Thousands of children statewide will benefit from YRJ's Wineries, Chocolatiers & Desserts November 8th, 2104 legislative work in Salem. Offer your Baker & Spice • Cheery Pies • Dave’s Killer Bread • Fort George support buy purchasing tickets or Brewery • Gomper's Gin • Holm Made Hazelnut Toffee • Oregon Convention Center, Portland, OR making a donation. Missionary Chocolates • New Cascadia • Papa Haydn • Pitch www.youthrightjustice.org Purchase Tickets Dark Chocolates • REX HILL • Sineann Winery • Sokol Blosser • St.. Cupcake • Voodoo Doughnuts • Watermill Make A Donation Winery • Wallowa Lake Fudge Company and more!

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