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Or. Rev. Stat. § 419B.185
Oregon Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Detention
or Shelter Hearings)
§ 419B.185. Hearing;
findings; removal or continuation out of home; documentation
(1) When a child or ward is taken, or is about to be taken, into protective
custody pursuant to ORS 419B.150, 419B.160, 419B.165, 419B.168 and 419B.171
and placed in detention or shelter care, a parent, child or ward shall
be given the opportunity to present evidence to the court at the hearings
specified in ORS 419B.183, and at any subsequent review hearing, that
the child or ward can be returned home without further danger of suffering
physical injury or emotional harm, endangering or harming others, or not
remaining within the reach of the court process prior to adjudication.
At the hearing:
(a)
The court shall make written findings as to whether the Department of
Human Services
has made reasonable efforts or, if the Indian Child Welfare Act [FN1]
applies, active efforts to prevent or eliminate the need for removal of
the child or ward from the home and to make it possible for the child
or ward to safely return home. When the court finds that no services were
provided but that reasonable services would not have eliminated the need
for protective custody, the court shall consider the department to have
made reasonable efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for protective custody. The court
shall include in the written findings a brief description of what preventive
and reunification efforts were made by the department.
(b)
In determining whether a child or ward shall be removed or continued out
of home, the court shall consider whether the provision of reasonable
services can prevent or eliminate the need to separate the family.
(c)
In determining whether the department has made reasonable efforts or,
if the Indian Child Welfare Act applies, active efforts to prevent or
eliminate the need for removal of the child or ward from the home and
to make it possible for the child or ward to safely return home, the court
shall consider the child or ward's health and safety the paramount concerns.
(d)
The court shall make a written finding in every order of removal that
describes why it is in the best interests of the child or ward that the
child or
ward be removed from the home or continued in care.
(e)
The court shall determine whether the child or ward is an Indian child
as defined in ORS 419A.004 or in the applicable State-Tribal Indian Child
Welfare Agreement.
(f)
The court may receive testimony, reports and other evidence without regard
to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determinations and findings
required under this section. As used in this paragraph, "relevant
evidence" has the meaning given that term in ORS 40.150.
(2)
To aid the court in making the written findings required by subsection
(1)(a) and (d) of this section, the department shall present written documentation
to the court outlining the reasonable or active efforts made to prevent
taking the child or ward into protective custody and to provide services
to make it possible for the child or ward to safely return home and why
protective custody is in the best interests of the child or ward.
Laws
1993, c. 33, § 71; Laws 1993, c. 295, § 5; Laws 1993, c. 546,
§ 123; Laws 1997, c. 873, § 19; Laws 1999, c. 859, § 8;
Laws
2001, c. 686, § 3; Laws 2003, c. 355, § 1; Laws 2003, c. 396,
§ 42.
[FN1]
25 U.S.C.A. § 1901 et seq.
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