Native American Rights Fund, A Practical Guide to the Indian Child Welfare Act, Oregon Statutes

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.