§ 419B.171 — Report required when child is taken into protective custody

Oregon § 419B.171

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 419B: Juvenile Code: Dependency

Text

(1) Except where the child is taken into protective custody pursuant to an order of the court, the person taking the child into protective custody shall promptly file with the court or a counselor a brief written report stating all of the following:
(a) The child’s name, age and address.
(b) The name and address of the person having legal or physical custody of the child.
(c) Efforts to notify the person having legal or physical custody of the child and the results of those efforts.
(d) Reasons for and circumstances under which the child was taken into protective custody.
(e) If the child is not taken to court, the placement of the child.
(f) If the child was not released, the reason why the child was not released.
(g) If the child is not taken to court, why the type of placement was chosen.
(h) A declaration under penalty of perjury and documentation of the person’s efforts to determine whether the person has reason to know that the child is an Indian child and the results of those efforts.
(2) If the person has reason to know that the child is an Indian child, the report under subsection (1) of this section must also include:
(a) The name and address of the Indian child’s parents and, if any, Indian custodian;
(b) Confirmation that notification about the emergency proceeding has been provided as required under ORS 419B.639 (1);
(c) If the Indian child’s parent or Indian custodian is unknown, a detailed description and documentation of the efforts the person has made to locate and contact the parent or Indian custodian, including contact with the appropriate United States Bureau of Indian Affairs Regional Director;
(d) The tribal affiliation of the Indian child and the Indian child’s parent or Indian custodian;
(e) The residence and the domicile of the Indian child;
(f) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;
(g) A specific and detailed account of the circumstances that led the person responsible for the emergency removal of the Indian child to determine that removal of the Indian child was necessary to prevent imminent physical damage or harm and to remove the Indian child;
(h) If the Indian child is believed to reside or to be domiciled on a reservation, a statement describing the efforts that were made and are being made to contact the tribe and transfer the Indian child to the tribe’s jurisdiction; and
(i) A statement of the efforts that have been made to assist the Indian child’s parent or Indian custodian so that the Indian child may remain in or safely be returned to the custody of the Indian child’s parent or Indian custodian.

Legislative History

1993 c.33 §67; 1993 c.546 §33; 2019 c.382 §12; 2020 s.s.1 c.14 §30; 2021 c.398 §55