419B.175
Initial disposition of child taken into protective custody. (1) This subsection establishes
the authority and procedures that apply to a person designated by a court to
effect disposition of a child taken into protective custody or brought before
the court under ORS 419B.160, 419B.165, 419B.168 or 419B.171. The person shall,
when the person has taken protective custody of a child or has authority to
effect disposition of a child taken into protective custody:
(a) Release the
child to the custody of a parent, guardian or other responsible person;
(b) Release the
child on the child’s own recognizance when appropriate;
(c) Subject to
ORS 419B.121 or 419B.180, place the child in shelter care or detention. The
child shall be placed in shelter care rather than detention, unless the person
has probable cause to believe that the court will be able to detain the child
under ORS 419B.121; or
(d) Pursuant to
order of the court made after the filing of a petition, hold, retain or place
the child in shelter care subject to further order.
(2) If the child
is released under subsection (1)(a) of this section, the person releasing the
child shall inform the juvenile court. [1993 c.33 §69; 1993 c.546 §35; 2019
c.382 §13]
(Shelter Hearings)
Notes of Decisions
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
· cites it 2× “3 This empowers the court to make an initial dis- position of the child after a petition has been filed, ORS 419B.175(1)(d), and if the disposition includes placement of the child into care, triggers an immediate shelter hearing within 24 judicial hours, ORS 419B.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
· cites it 2× “ORS 419B.175; ORS 419B.183. Regardless of whether the child is in protective cus- tody, no later than 60 days after the filing of the dependency petition, the juvenile court must hold a hearing to decide whether the child is within its jurisdiction under ORS 419B.”
Dep't of Human Servs. v. J. B. V., 327 P.3d 564 (Or. Ct. App. 2014).
“168 refers to “the court or a person appointed by the court to effect disposition” (emphasis added); ORS 419B.175 refers to “a person designated by a court to effect disposition of a child.”
— Or. Rev. Stat. § 419B.175(1)(d) — 1 case
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“3 This empowers the court to make an initial dis- position of the child after a petition has been filed, ORS 419B.175(1)(d), and if the disposition includes placement of the child into care, triggers an immediate shelter hearing within 24 judicial hours, ORS 419B.”
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