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Or. Rev. Stat. § 419B.192
Oregon
Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Placement)
§ 419B.192. Placement preferences; considerations
(1) If the court finds that a child or ward is in need of placement or
continuation in substitute care, there shall be a preference given to
placement with relatives and persons who have a caregiver relationship
with the child or ward as defined in ORS 419B.116. The Department of Human
Services shall make reasonable efforts to place the child or ward with
such persons and shall report to the court what efforts were made to effectuate
such a placement.
(2)
In attempting to place the child or ward pursuant to subsection (1) of
this section, the department shall consider, but not be limited to, the
following:
(a)
The ability of the person being considered to provide safety for the child
or ward, including a willingness to cooperate with any restrictions placed
on contact between the child or ward and others, and to prevent anyone
from influencing the child or ward in regard to the allegations of the
case;
(b)
The ability of the person being considered to support the efforts of the
department to implement the permanent plan for the child or ward;
(c)
The ability of the person being considered to meet the child or ward's
physical, emotional and educational needs, including the child or ward's
need to continue in the same school or educational placement; and
(d)
Which person has the closest existing personal relationship with the child
or ward if more than one person requests to have the child or ward placed
with them pursuant to this section.
(3)
Notwithstanding subsections (1) and (2) of this section, in cases where
the Indian Child Welfare Act [FN1]
applies, the placement preferences of the Indian Child Welfare Act [FN1]
shall be followed.
Laws
1997, c. 479, § 4; Laws 1999, c. 569, § 9; Laws 2003, c. 396,
§ 43; Laws 2005, c. 449, § 1; Laws 2005, c. 521, § 2, eff.
July 1, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
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