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YOUTH FACES the LAW: a Juvenile Rights Handbook

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YOUTH FACES THE LAW: A Juvenile Rights Handbook The Pro Bono Committee of the Multnomah Bar Association - Young Lawyers Section is pleased to present the 8th edition of Youth Faces the Law: A Juvenile Rights Handbook. We wish to thank the following persons and organizations for making publication of the 8th edition of the Handbook possible: David Bean Deanna Laidler John Belknap Rick Menchaca Rachel Blumberg Steven Self Cindi Chandler Amity Stauffer Hope DelCarlo Jennifer Wagner Natalie Hocken Eric Waxler Sherilyn Holcombe Megan Wolter Cover Artwork by Amanda Carter Text Artwork by Corbin Garner, Nichole Haddon , Sandra Lara & Mariela Lopez Spanish Translation by the Oregon State Bar Tel-Law Program An Electronic version of this handbook is available at www.mbabar.org, or www.osbar.org/1legallinks/public/infocenter/pamphlets/youthlaw/juvenile.html. In addition, we wish to acknowledge the great amount of work performed by all of the lawyers and others who generously gave of their time to write, research, edit and type earlier versions of the English and Spanish Handbooks. The Handbook was published by the Multnomah Bar Association - Young Lawyers Section Pro Bono Committee and sponsored by grants from the Multnomah Bar Association - Young Lawyers Section and the Oregon State Bar - New Lawyers Division. The Handbook may be reproduced in whole or in part, but may not be sold. Any partial reproduction should include the disclaimer on the following page. Spring 2002 STATEMENT OF PURPOSE The purpose of Youth Faces the Law: A Juvenile Rights Handbook is to provide you with a brief overview of selected areas of the law affecting youth and to enable you to identify certain legal issues that may concern you. ABOUT USING THIS BOOK The information in this book can help you learn about your rights and responsibilities in our legal system. The more you know about the law, the better your chances for avoiding unnecessary problems, and the easier it will be to make the law work for you. Many of the laws covered in this book only apply in Oregon. If you travel to another state, make an effort to learn the local laws. This Handbook is divided into eleven sections: 1. Student Rights: Your rights as a student in school. 2. Employment: How the law deals with young persons before the age of majority (18). 3. Life Before Majority: How the law deals with young persons before age 18. 4. Life After Majority: Life changes when you turn 18. 5. Health Issues: How the law affects your rights regarding your body. 6. Immigration and Naturalization: A brief description of laws regulating immigration and naturalization for those persons who are not United States citizens. 7. Juvenile Laws and Rights: What happens if you get into trouble with the law, and how the courts deal with young persons. 8. Criminal Laws and Punishments: What some of the criminal laws are and how they affect you. 9. Deciding About a Lawyer: When you should seek the assistance of a lawyer. 10. Resources: Addresses and phone numbers of resources that assist youth. 11. Glossary: A brief list of legal terms with definitions. DISCLAIMER This Handbook contains advice as well as information. However, this Handbook is not a complete reference on those areas of the law affecting youth, and should only be used as a guide to how the law affects youth. It should not be relied upon as authority on any subject. The Handbook is also NOT a substitute for a lawyer. The most important thing you can do if you (1) have been arrested, (2) think you have a problem, or (3) believe your rights have been violated, is to contact a lawyer. Lawyers can give you expert legal advice about what to do in specific situations. Lawyers are trained to represent you and your interests. Lawyers who are representing you are required to keep all communications confidential. That generally means your lawyer cannot tell anyone, including your parents, what you have told him or her, without your consent. The “Resources Section” of this Handbook contains the names, addresses and phone numbers for legal organizations that can assist you in finding a lawyer. TABLE OF CONTENTS STUDENT RIGHTS...................................................................................................................1 INTRODUCTION...........................................................................................................1 DEFENDING YOUR RIGHTS .......................................................................................1 THE RIGHT TO AN EDUCATION................................................................................1 CONSTITUTIONAL RIGHTS........................................................................................2 FIRST AMENDMENT RIGHTS: FREEDOM OF RELIGION AND EXPRESSION....2 Religion ...............................................................................................................3 Student Expression...............................................................................................3 “Plainly Offensive” Speech..................................................................................4 School-Sponsored Speech ....................................................................................4 Personal Appearance............................................................................................5 Assembly.............................................................................................................6 FOURTH AMENDMENT RIGHTS: SEARCH AND SEIZURE....................................6 FOURTEENTH AMENDMENT RIGHTS: NO DISCRIMINATION ............................7 SCHOOL.........................................................................................................................9 Attendance...........................................................................................................9 School Rules........................................................................................................9 Tobacco .............................................................................................................10 Punishment: Suspension or Expulsion...............................................................10 Other Punishment...............................................................................................11 STUDENT RECORDS..................................................................................................11 EMPLOYMENT.......................................................................................................................13 WHAT DOES THE LAW ALLOW?.............................................................................13 WHAT YOU NEED TO GET A JOB............................................................................13 WORKING CONDITIONS AND BENEFITS..............................................................14 Type of Work.....................................................................................................14 Hours.................................................................................................................14 Wages................................................................................................................15 Workers’ Compensation.....................................................................................15 LIFE BEFORE MAJORITY .....................................................................................................16 INTRODUCTION.........................................................................................................16 CONTRACTS ...............................................................................................................16 SMALL CLAIMS COURT ...........................................................................................16 CHILD ABUSE, NEGLECT OR ABANDONMENT....................................................17 What is child abuse or neglect? ..........................................................................18 EMANCIPATION.........................................................................................................19 MARRIAGE/PATERNITY/PARENTING ....................................................................20 Marriage ............................................................................................................20 Paternity.............................................................................................................20 Parenting............................................................................................................20 LIFE AFTER MAJORITY........................................................................................................21 TURNING EIGHTEEN.................................................................................................21 REGISTERING TO VOTE ...........................................................................................21 REGISTERING WITH SELECTIVE SERVICE ...........................................................21 HEALTH ISSUES ....................................................................................................................23 INTRODUCTION.........................................................................................................23 SEXUALLY-RELATED HEALTH ISSUES................................................................23 Contraception.....................................................................................................23 Sterilization........................................................................................................23
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