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Or. Rev. Stat. § 419B.150
Oregon
Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Protective
Custody)
§ 419B.150. Authorization for protective custody; affidavit; order; runaways
(1) A child may be taken into protective custody by a peace officer, counselor,
employee of the Department of Human Services or any other person authorized
by the juvenile court of the county in which the child is found, in the
following circumstances:
(a)
When the child's condition or surroundings reasonably appear to be such
as to jeopardize the child's welfare;
(b)
When the juvenile court, by order indorsed on the summons as provided
in ORS 419B.839 or otherwise, has ordered that the child be taken into
protective custody; or
(c)
When it reasonably appears that the child has run away from home.
(2)(a)
Before issuing an order under subsection (1)(b) of this section, the court
shall review an affidavit sworn on information and belief provided by
a peace officer, counselor or employee of the department or other person
authorized by the juvenile court that sets forth with particularity the
facts and circumstances on which the request for protective custody is
based, why protective custody is in the best interests of the child and
the reasonable efforts or, if the Indian Child Welfare Act [FN1]
applies, active efforts made by the department to eliminate the need for
protective custody of the child.
(b)
Except as provided in paragraph (c) of this subsection, an order directing
that a child be taken into protective custody under subsection (1) of
this section shall contain written findings, including a brief description
of the reasonable efforts or, if the Indian Child Welfare Act applies,
active efforts to eliminate the need for protective custody of the child
that the department has made and why protective custody is in the best
interests of the child.
(c)
The court may issue an order even though no services have been provided
if the court makes written findings that no existing services could eliminate
the need for protective custody of the child and that protective custody
is in the best
interests of the child.
(3)
When a child is taken into protective custody as a runaway under subsection
(1) of this section, the peace officer or other person who takes the child
into custody:
(a)(A)
Shall release the child without unnecessary delay to the custody of the
child's parent or guardian or to a shelter facility that has agreed to
provide care and services to children who have run away from home and
that has been designated by the juvenile court to provide such care and
services; or
(B)
Shall follow the procedures described in ORS 419B.160, 419B.165, 419B.168
and 419B.171;
(b)
Shall, if possible, determine the preferences of the child and the child's
parent or guardian as to whether the best interests of the child are better
served by placement in a shelter facility that has agreed to provide care
and services to children who have run away from home and that has been
designated by the juvenile court to provide such care and services or
by release to the child's parent or guardian; and
(c)
Notwithstanding ORS 419B.165 and subsection (1) of this section, shall
release the child to a shelter facility that has agreed to provide care
and services
to children who have run away from home and that has been designated by
the juvenile court to provide such care and services if it reasonably
appears that the child would not willingly remain at home if released
to the child's parent or guardian.
Laws
1993, c. 33, § 61; Laws 1993, c. 546, § 27; Laws 1997, c. 873,
§ 10; Laws 1999, c. 691, § 1; amendments by Laws 1999, c. 691,
§ 2 repealed by Laws 2001, c. 484, § 1; Laws 2001, c. 622, §§
46,47; Laws 2001, c. 686, §§ 1,2.
[FN1]
25 U.S.C.A. § 1901 et seq.
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