Chapter 691 Oregon Laws 1999

Session Law

AN ACT

HB 2599

Relating to children; creating new provisions; amending ORS 419B.150; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.150 is amended to read:

419B.150. (1) A child may be taken into protective custody by a peace officer, counselor, employee of the State Office for Services to Children and Families or any other person authorized by the juvenile court of the county in which the child is found, in the following circumstances:

(a) Where the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare; [or]

(b) Where the juvenile court, by order indorsed on the summons as provided in ORS 419B.271 or otherwise, has ordered that the child be taken into protective custody[.]; or

(c) Where it reasonably appears that the child has run away from home.

(2)(a) Before issuing an order under subsection (1)(b) of this section, the court shall review an affidavit sworn on information and belief provided by a peace officer, counselor or employee of the State Office for Services to Children and Families 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 and the reasonable efforts or, if the Indian Child Welfare Act applies, active efforts made by the office to eliminate the need for protective custody of the child.

(b) Except as provided in paragraph (c) of this subsection, the court may not issue an order unless the court determines that the office has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to eliminate the need for protective custody of the child.

(c) The court may issue an order even though no services have been provided if the court finds that no existing services could eliminate the need for protective custody of the child.

(3) When a child is taken into protective custody as a runaway under subsection (1) 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 (1) 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.

SECTION 2. ORS 419B.150, as amended by section 1 of this 1999 Act, is amended to read:

(a) Where the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare; or

(b) Where the juvenile court, by order indorsed on the summons as provided in ORS 419B.271 or otherwise, has ordered that the child be taken into protective custody[; or]

[(c) Where it reasonably appears that the child has run away from home].

(c) The court may issue an order even though no services have been provided if the court finds that no existing services could eliminate the need for protective custody of the child.

[(3) When a child is taken into protective custody as a runaway under subsection (1) 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 (1) 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.]

SECTION 3. The amendments to ORS 419B.150 by section 2 of this 1999 Act become operative January 1, 2002.

SECTION 4. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date July 14, 1999

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