Resources - A Practical Guide to the Indian Child Welfare Act; Native American Rights Fund

Or. Rev. Stat. § 419B.185

Oregon Revised Statutes

Title 34. Human Services; Juvenile Code; Corrections

Chapter 419B. Juvenile Code: Dependency

Juvenile Court

(Detention or Shelter Hearings)

§ 419B.185. Hearing; findings; removal or continuation out of home; documentation

(1) When a child or ward is taken, or is about to be taken, into protective custody pursuant to ORS 419B.150, 419B.160, 419B.165, 419B.168 and 419B.171 and placed in detention or shelter care, a parent, child or ward shall be given the opportunity to present evidence to the court at the hearings specified in ORS 419B.183, and at any subsequent review hearing, that the child or ward 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. At the hearing:

(a) The court shall make written findings as to whether the Department of Human Services has made reasonable efforts or, if the Indian Child Welfare Act [FN1] applies, active efforts to prevent or eliminate the need for removal of the child or ward from the home and to make it possible for the child or ward to safely return home. When the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider the department to have made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by the department.

(b) In determining whether a child or ward shall be removed or continued out of home, the court shall consider whether the provision of reasonable services can prevent or eliminate the need to separate the family.

(c) In determining whether the department has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for removal of the child or ward from the home and to make it possible for the child or ward to safely return home, the court shall consider the child or ward's health and safety the paramount concerns.

(d) The court shall make a written finding in every order of removal that describes why it is in the best interests of the child or ward that the child or ward be removed from the home or continued in care.

(e) The court shall determine whether the child or ward is an Indian child as defined in ORS 419A.004 or in the applicable State-Tribal Indian Child Welfare Agreement.

(f) The court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant to the determinations and findings required under this section. As used in this paragraph, "relevant evidence" has the meaning given that term in ORS 40.150.

(2) To aid the court in making the written findings required by subsection (1)(a) and (d) of this section, the department shall present written documentation to the court outlining the reasonable or active efforts made to prevent taking the child or ward into protective custody and to provide services to make it possible for the child or ward to safely return home and why protective custody is in the best interests of the child or ward.

Laws 1993, c. 33, § 71; Laws 1993, c. 295, § 5; Laws 1993, c. 546, § 123; Laws 1997, c. 873, § 19; Laws 1999, c. 859, § 8; Laws 2001, c. 686, § 3; Laws 2003, c. 355, § 1; Laws 2003, c. 396, § 42.

[FN1] 25 U.S.C.A. § 1901 et seq.