Expert: Loren Stevens - 10/20/2008

Question
Okay, so a few friends and I are writing a novel and we've realized we have no idea what would actually happen in real life, so what would happen to a fifteen or sixteen year old girl in Oregon if she found her mother dead? And none of us live in Oregon, so this is kind of hard to research. Also, her two of her sisters are over 21 and the other is 20, so what would happen there?

Answer
Hello Tasmin,
Yes, this question is a bit odd, and not exactly in my field of expertise. That said, maybe I can point you in the right direction with some opinion offerings that will help you along.
On the book, if this is the central question, what/who is the protagonist, and how will you weave that into your story?
But, that's another issue as well.
How about some "assumptions"....If a youth, or anybody else finds a deceased person, regardless of who it is...call the police. It is the police, who will make other notifications like the Medical Examiner, and mortuary etc.
The first thing a person needs to do, is to survey the area, and make sure it is safe to proceed....example, electrocution. If the current is still live, you would only add to the victim list.
Next, determine if in fact the person is dead. If there is even the slightest possibility of life, go into CPR.
When you ask "what would happen?" I assume you mean what of the care and custody of the youth.
If a child becomes an orphan, there are several options.
If there are adult siblings, that could be a solution. But, there is a legal process, where the courts will need to make that determination. Usually, it will be a "family court", but different jurisdictions may call it something different, but it has to be at the District or Superior court level in the state system.
The adult sibling or siblings who are petitioning for custody, will need to convince the court that they are fit for these responsibilities. Do they have the character to do the job, are they reliable, are they employed do they have the financial means to provide food, shelter, healthy environment etc.
Just because the sibling is an adult does not make it an automatic decision.
The state takes GUARDIANSHIP very seriously, as the welfare of an underage child is at stake. If no sibling or other adult relative is recognized, the child could end up a ward of the state, and enter the Foster-care system.
But with two adult siblings, and assuming they have the wherewithal to engage in the responsibilities of guardianship, I would think the court would look upon that with favor.
Also, in that the child is 15 or 16, is a plus, as she is at an age of responsibility as well, and knows the difference between right and wrong.
If the child was an infant or toddler etc, that would bring about more scrutiny. Or, if the child was a "special needs" child with physical or mental challenges, that too would warrant the court to demonstrate more due diligence.
And, up to the court dealings, the city/county or state social services of juvenile services would be involved in this process.
You might check with the state Oregon attorney general's office on the protocol on these issues. They could point you toward the relevant statutes.
Or, the county social services could also direct you to the appropriate statutes.
Why would you select a state that you know little about as your setting?
In any event, I assume you are focused on guardianship of the teen. The "totality of the situation" is what will be in review. What kind of kid is the teen? what are her grades or organization affiliations?
Lots to consider.
But, she is also not far from being 18 herself, so the court would make a little allowance for that...I would guess.
Hope these OPINIONS are helpful to you.
Good Luck,
loren