§ 419C.173 — Evidentiary hearing

Oregon § 419C.173

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

Text

(1) When the youth is taken, or is about to be taken, into temporary custody pursuant to ORS 419C.080 and 419C.088 and placed in shelter care, a parent or youth shall be given the opportunity to present evidence to the court at the hearing specified in ORS 419C.170, and at any subsequent review hearing, that the youth 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.
(2) If the victim requests, the district attorney or juvenile department shall notify the victim of a hearing under this section.
(3) At the hearing:
(a) The court shall make a written finding as to whether reasonable efforts have been made, considering the circumstances of the youth’s conduct, to prevent or eliminate the need for removal of the youth from the home;
(b) In determining whether a youth shall be removed or continued out of the home, the court shall consider whether the provision of reasonable and available services can prevent or eliminate the need to remove the youth from the home; and
(c) The court shall make a written finding in every order of removal that it is in the best interest of the youth and the community that the youth be removed from the home or continued in care.

Legislative History

1993 c.33 §179; 1993 c.295 §6; 1993 c.546 §131; 1999 c.92 §1; 2007 c.609 §17