74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 385
 
                         House Bill 2195
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Permits Department of Human Services employee to take child
into protective custody under certain circumstances. Requests
that Department of Human Services and law enforcement agencies
cooperate in investigations and assessments of child welfare.
Requires Department of Human Services employees to seek court
order or law enforcement agency assistance when employees meet
with resistance.
 
                        A BILL FOR AN ACT
Relating to protective custody of children; amending ORS
  419B.150.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.150 is amended to read:
  419B.150. (1)  { + Subject to subsection (3) of this section,
 + }a child may be taken into protective custody by a peace
officer, counselor, employee of the Department of Human Services
or any other person authorized by the juvenile court of the
county in which the child is found, in the following
circumstances:
  (a) When the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare;
  (b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419B.839 or otherwise, has ordered that the
child be taken into protective custody; or
  (c) When it reasonably appears that the child has run away from
home.
   { +  (2) When making a decision whether to take a child into
protective custody, the department and a law enforcement agency
shall investigate the safety and welfare of the child and be
present to assist in the decision-making process, whenever
possible.
  (3) A department employee may take a child into protective
custody under this section if:
  (a) Law enforcement agency personnel are present to assist the
employee;
  (b) The child is immediately endangered; or
  (c) The employee has obtained an order of protective custody as
provided in subsection (5) of this section.
 
  (4)(a) If a parent, guardian, caregiver, or other person having
physical custody of the child resists the employee's efforts to
take the child into protective custody, the employee:
  (A) Shall obtain a court order as provided in subsection (5) of
this section, if the child is not immediately endangered; or
  (B) Shall seek law enforcement assistance, if the child is
immediately endangered. The law enforcement agency shall make
every reasonable effort to be present and assist the employee in
taking the child into protective custody.
  (b) As used in this subsection, 'resist' includes the use or
threatened use of violence, physical force or other means that
creates a substantial risk of physical injury to any person,
regardless of whether the behavior results in physical
injury. + }
    { - (2)(a) - }   { + (5)(a) + } Before issuing   { - an order
under subsection (1)(b) of - }   { + a protective order as
described in + } this section, the court shall review an
affidavit sworn on information and belief provided by a peace
officer, counselor or employee of the department or other person
authorized by the juvenile court that sets forth with
particularity the facts and circumstances on which the request
for protective custody is based, why protective custody is in the
best interests of the child and the reasonable efforts or, if the
Indian Child Welfare Act applies, active efforts made by the
department to eliminate the need for protective custody of the
child.
  (b) Except as provided in paragraph (c) of this subsection, an
order directing that a child be taken into protective custody
  { - under subsection (1) of this section - }  shall contain
written findings, including a brief description of the reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to eliminate the need for protective custody of the child
that the department has made and why protective custody is in the
best interests of the child.
  (c) The court may issue an order even though no services have
been provided if the court makes written findings that no
existing services could eliminate the need for protective custody
of the child and that protective custody is in the best interests
of the child.
    { - (3) - }   { + (6) + } When a child is taken into
protective custody as a runaway under subsection (1)  { + or
(3) + } of this section, the peace officer or other person who
takes the child into custody:
  (a)(A) Shall release the child without unnecessary delay to the
custody of the child's parent or guardian or to a shelter
facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the
juvenile court to provide such care and services; or
  (B) Shall follow the procedures described in ORS 419B.160,
419B.165, 419B.168 and 419B.171;
  (b) Shall, if possible, determine the preferences of the child
and the child's parent or guardian as to whether the best
interests of the child are better served by placement in a
shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated
by the juvenile court to provide such care and services or by
release to the child's parent or guardian; and
  (c) Notwithstanding ORS 419B.165 and   { - subsection - }  { +
subsections + } (1)  { + and (3) + } of this section, shall
release the child to a shelter facility that has agreed to
provide care and services to children who have run away from home
and that has been designated by the juvenile court to provide
such care and services if it reasonably appears that the child
would not willingly remain at home if released to the child's
parent or guardian.
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