The Benton-Linn Chapter of DADS Against Discrimination requested that the Corvallis (Oregon) Police Department formulate in its General Orders a section for dealing with Custodial Interference.

This request was in response to concerns expressed to DADS relating to visitation and the role of law enforcement in enforcing court ordered visitation. DADS request was not meant to increase custodial interference arrests, but to assist police in visitation incidents and inquiries, and to assist parents (who live near or who are traveling a distance) who wish to exercise their right to visitation.

Below is the recently implemented Operational General Order for the Corvallis Police Department. What is your local Law Enforcement's policy on visitation enforcement?


Operational General Order

41.6

Custodial Interference Investigations

This order consists of the following numbered sections:

41.6.1 Custodial Interference Policy
41.6.2 Initial Response and Investigation
41.6.3 Custodial Interference arrests
41.6.4 Community Resources/Referrals

41.6.1 Custodial Interference Policy

It is the policy of the Corvallis Police Department to ensure the welfare and rights of all children involved, while also protecting the rights of parents, relatives, and/or any other persons who may be involved and to apply thorough investigative techniques that will increase the likelihood of successful prosecution of these cases.

41.6.2 Initial Response and Investigation

  1. Upon arrival at the scene, the officer/s primary concern will be for the safety and welfare of the child/children involved.

  2. Custodial Interference cases will be thoroughly investigated in a timely manner to determine the appropriate custody and/or visitation rights of the person(s) involved as well as identifying, apprehending and prosecuting person(s) responsible for criminal activity relating to these issues.

  3. Many Custodial Interference cases will involve instructions in the form of court orders. The investigating officer will need to determine the validity of all related court orders and questions of a child's custody and/or parent's visitation rights will be determined primarily to these valid court documents.

    41.6.3 Custodial Interference Arrests

    Violation of O.R.S. 163.257, Custodial Interference I, is a class B felony; and violation of O.R.S. 163.245, Custodial Interference II, is a class C felony and arrests should be handled accordingly.

    41.6.4 Community Resources/Referrals

    The investigating officer/s may find it helpful to refer the involved person/s to other organizations or agencies that will be able to assist in the resolution of any remaining problems or disagreements. Some available resources are Services to Children & Families, Dads Against Discrimination, Center Against Rape & Domestic Violence, the Community Mediation and Dispute Resolution Services, and the Benton County District Attorney's Office Victim Assistance Program.

    Issued: 3/3/97

    By the Authority of: Signature of Pamela E. Roskowski, Chief of Police


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