419B.150 When
protective custody authorized; protective custody order. (1) As used in this section:
(a) “Abuse” has
the meaning given that term in ORS 419B.005.
(b) “Reasonable
cause” means a subjectively and objectively reasonable belief, given all of the
circumstances and based on specific and articulable facts.
(c) “Severe harm”
means:
(A)
Life-threatening damage; or
(B) Significant
or acute injury to a person’s physical, sexual or psychological functioning.
(2) The following
persons are authorized to take a child into protective custody under this
section:
(a) A peace
officer, as defined in ORS 420.905;
(b) A counselor;
or
(c) An employee
of the Department of Human Services.
(3)(a) Prior to
taking a child into protective custody under this section, the person taking
the child into protective custody shall conduct the inquiry described in ORS
419B.636 to determine whether the person has reason to know that the child is
an Indian child.
(b) If the person
has reason to know that the child is an Indian child, the person taking the
child into protective custody shall provide the emergency notification under
ORS 419B.639 (1) before taking the child into protective custody.
(4)(a) Except as
provided in paragraph (b) of this subsection, a child may be taken into
protective custody without a court order only when there is reasonable cause to
believe that:
(A) There is an
imminent threat of severe harm to the child;
(B) The child
poses an imminent threat of severe harm to self or others; or
(C) There is an
imminent threat that the child’s parent or guardian will cause the child to be
beyond the reach of the juvenile court before the court can order that the
child be taken into protective custody under subsection (7) of this section.
(b) If the person
has reason to know that the child is an Indian child, the child may be taken
into protective custody without a court order only when it is necessary to
prevent imminent physical damage or harm to the child.
(5) A person
authorized to take a child into protective custody shall apply for a protective
custody order, as described in subsection (7) of this section, by submitting a
declaration based on information and belief that sets forth with particularity:
(a) Why
protective custody is necessary and the least restrictive means available to:
(A) Protect the
child from abuse;
(B) Prevent the
child from inflicting harm on self or others;
(C) Ensure that
the child remains within the reach of the juvenile court to protect the child
from abuse or to prevent the child from inflicting harm on self or others; or
(D) If the
department has reason to know that the child is an Indian child, prevent
imminent physical damage or harm to the child.
(b) Why
protective custody is in the best interests of the child.
(6)(a) The
applicant under subsection (5) of this section shall deliver the declaration
described in subsection (5) of this section to the juvenile court.
(b) At the
applicant’s request, instead of the declaration described in subsection (5) of
this section, the judge may take an oral statement under oath. If the applicant
makes the oral statement to the judge out of court, the applicant shall record
the oral statement and retain a copy of the recording. The recording
constitutes a declaration for the purposes of subsection (5) of this section.
(7) The juvenile
court may order that a child be taken into protective custody if, after
reviewing the declaration described in subsection (5) of this section, the
court:
(a) Determines
that the person complied with the inquiry requirements under ORS 419B.636;
(b) Makes a
finding, subject to the procedures under ORS 419B.636 (4), regarding whether
there is reason to know that the child is an Indian child;
(c) If the court
finds that there is reason to know that the child is an Indian child,
determines that the person complied with the notice requirements under ORS
419B.639 (1);
(d) Determines
that protective custody is necessary and the least restrictive means available
to:
(A) Protect the
child from abuse;
(B) Prevent the
child from inflicting harm on self or others;
(C) Ensure that
the child remains within the reach of the juvenile court to protect the child
from abuse or prevent the child from inflicting harm on self or others;
(D) Ensure the
safety of a child who has run away from home; or
(E) If the court
finds that there is reason to know that the child is an Indian child, prevent
imminent physical damage or harm to the child; and
(e) Determines
that protective custody is in the best interests of the child.
(8) When the
court issues a protective custody order under subsection (7) of this section,
the court may transmit the signed order to the applicant by a form of
electronic communication approved by the court that delivers a complete
printable image of the signed order. The court shall file the original order in
the court record. [1993 c.33 §61; 1993 c.546 §27; 1997 c.873 §10; 1999 c.691 §1;
amendments by 1999 c.691 §2 repealed by 2001 c.484 §1; 2001 c.622 §§46,47; 2001
c.686 §§1,2; 2019 c.382 §8; 2019 c.594 §3a; 2020 s.s.1 c.14 §29; 2021 c.398 §54]
Notes of Decisions
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
· cites it 35× “When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022).
· cites it 4× “ORS 419B.150; ORS 419B.100(1)(c). But regardless of whether DHS concludes that further action is necessary, any report of child abuse that it determines is “founded” must be included in a central state registry that DHS is required to maintain.”
Dep't of Human Servs. v. C. J. T., 308 P.3d 307 (Or. Ct. App. 2013).
· cites it 2× “ORS 419B.150 to 419B.175 address when protective custody of a juvenile is authorized, the legal status of a child in protective custody, court jurisdiction over a child in protective custody, place of detention, parental notification requirements, release, and procedure when the…”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“ORS 419B.150(6). With certain exceptions, “the jurisdiction of the juvenile court of the county in which a child is taken into protective custody shall attach from the time the child is taken into custody.”
Dep't of Human Servs. v. S. W., 340 P.3d 675 (Or. Ct. App. 2014).
“Taken to its logical conclusion, the majority’s approach would excuse DHS from making reasonable efforts in virtually every case involving a parent with a drug or alcohol problem. Given that the court takes jurisdiction only in cases where parents are functioning in a manner…”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
· cites it 2× “839(2); ORS 419B.150. If the child is taken into protective custody, the juvenile court must hold a shel- ter hearing within 24 hours and either place the child in shelter care or otherwise make an initial disposition.”
State ex rel. Juv. Dep't v. Campbell, 36 P.3d 989 (Or. Ct. App. 2001).
“ORS 419B.150. SCF’s second amended petition alleged, inter alia, that the child’s father was incarcerated for delivery of a controlled substance and child neglect; that the child’s mother was incarcerated for possession of a controlled substance and endangering the welfare of a…”
State ex rel. Juv. Dep't v. J. D., 164 P.3d 1182 (Or. Ct. App. 2007).
· cites it 13× “020 and ORS 419B.150, and, consequently, that the subsequent search was permissible as an incident of that custody, or, alternatively, pursuant to the city’s inventory policy.”
Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013).
“All three statutes were repealed in 1993, see Or Laws 1993, ch 33, § 373, and replaced, respectively, by ORS 419B.150, ORS 419B.157, and ORS 419B.”
Catt v. Dep't of Human Servs., 284 P.3d 532 (Or. Ct. App. 2012).
“sections (1) to (7) of this section does not apply if: “(a)(A) The claimant was under the age of 18 years when the acts or omissions giving rise to a claim occurred; “(B) The claim is against the Department of Human Services or the Oregon Youth Authority; and “(C) The claimant…”
Brown v. Zenon, 891 P.2d 666 (Or. Ct. App. 1995).
“080 and ORS 419B.150 only in certain circumstances.”
Dept. of Human Servs. v. D. M. P., 504 P.3d 1221 (Or. Ct. App. 2022).
“That testimony does not reflect an accurate understanding of a permanent guard- ianship and does not inspire confidence that DHS has con- veyed accurate information regarding the merits and terms of a permanent guardianship.”
— Or. Rev. Stat. § 419B.150(1) — 3 cases
State ex rel. Juv. Dep't v. J. D., 164 P.3d 1182 (Or. Ct. App. 2007).
“020 and ORS 419B.150, and, consequently, that the subsequent search was permissible as an incident of that custody, or, alternatively, pursuant to the city’s inventory policy.”
— Or. Rev. Stat. § 419B.150(1)(a) — 1 case
— Or. Rev. Stat. § 419B.150(1)(b) — 1 case
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022).
“ORS 419B.150; ORS 419B.100(1)(c). But regardless of whether DHS concludes that further action is necessary, any report of child abuse that it determines is “founded” must be included in a central state registry that DHS is required to maintain.”
— Or. Rev. Stat. § 419B.150(2) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(4) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(4)(a) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(4)(a)(A) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(4)(b) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(5) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(6) — 2 cases
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
Dept. of Human Servs. v. W. C. T., 501 P.3d 44 (Or. Ct. App. 2021).
“ORS 419B.150(6). With certain exceptions, “the jurisdiction of the juvenile court of the county in which a child is taken into protective custody shall attach from the time the child is taken into custody.”
— Or. Rev. Stat. § 419B.150(6)(a) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(7) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(8) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“When children are taken into protective custody or removed pursuant to ORS 419B.150, there are two cate- gories of cases: ORS 419B.”
— Or. Rev. Stat. § 419B.150(a) — 2 cases
Dep't of Human Servs. v. S. W., 340 P.3d 675 (Or. Ct. App. 2014).
“Taken to its logical conclusion, the majority’s approach would excuse DHS from making reasonable efforts in virtually every case involving a parent with a drug or alcohol problem. Given that the court takes jurisdiction only in cases where parents are functioning in a manner…”
— Or. Rev. Stat. § 419B.150(l)(a) — 1 case
State ex rel. Juv. Dep't v. J. D., 164 P.3d 1182 (Or. Ct. App. 2007).
“020 and ORS 419B.150, and, consequently, that the subsequent search was permissible as an incident of that custody, or, alternatively, pursuant to the city’s inventory policy.”
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