reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.132 - Delegation of jurisdiction among county juvenile courts.

When a proceeding is pending in the juvenile court of any county, the juvenile court of that county may authorize the juvenile court of any other county to do one or both of the following, when it will facilitate the disposition of the case without adverse effect on the interests of the child or ward:
(1) The court may:
(a) Conduct a hearing into the facts alleged to bring the child within the jurisdiction of the juvenile court;
(b) Determine the facts;
(c) Enter an order including the court’s findings; and
(d) Notify the court in which the case is pending.
(2) The court may assume jurisdiction over the case and administer protection supervision of the ward, when the court in which the proceeding is pending:
(a) Finds that the ward has moved to the other county or orders as part of its disposition of the proceeding that legal custody of the ward be given to a person residing in the other county; and
(b) Is advised that the court of the other county will accept the wardship and jurisdiction of the case. The county accepting wardship and jurisdiction shall pay the cost of administering protective supervision of the ward, unless the transferring and receiving counties otherwise agree. The county transferring jurisdiction shall pay the cost of transporting the ward, unless the transferring and receiving counties otherwise agree. [1993 c.33 §59; 2003 c.396 §38; 2017 c.252 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.135 - Transfer of case; transportation of child or ward.

If the child or ward who is the subject of the proceeding is, at the time of a transfer or temporary transfer provided for in ORS 419B.127, 419B.130 and 419B.132, in shelter care or for other reason needs transportation to the other county, the county in which the child or ward resides shall make such order or provision for the transportation and safekeeping of the child or ward as is appropriate in the circumstances, including an order directing any peace officer of the county in which the child or ward resides to transfer the child or ward in the manner directed. [1993 c.33 §60; 2003 c.396 §39]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.152 - Protective custody of runaway child.

(1) If it reasonably appears that a child is a runaway, the 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.
(2) 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 care facility that has agreed to provide care and services to runaway children 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 care facility that has agreed to provide care and services to runaway children 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 care facility that has agreed to provide care and services to runaway children 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. [2019 c.594 §2; 2019 c.594 §2a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.155 - Protective custody not arrest.

(1) Protective custody shall not be deemed an arrest so far as the child is concerned.
(2) A peace officer taking a child into protective custody has all the privileges and immunities of a peace officer making an arrest. [1993 c.33 §62; 1993 c.546 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.157 - Jurisdiction attaches at time of custody.

Except as otherwise provided in ORS 419B.168, 419C.094 and 419C.103, 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. [1993 c.33 §63; 1993 c.546 §29]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.160 - Prohibition on detention; exceptions; place of holding; record; parental notice required.

(1)(a) A child or ward taken into protective custody may not be placed in detention except as provided in ORS chapter 419C for a person over whom the juvenile court has jurisdiction under ORS 419C.005.
(b) Except as provided in ORS 419C.130, a child or ward may not be held at any time in a police station, jail, prison or other place where adults are held, except that a child or ward may be held in a police station for up to five hours when necessary to obtain the child or ward’s name, age, residence and other identifying information.
(2) All peace officers shall keep a record of children taken into protective custody and shall promptly notify the juvenile court or counselor of all children taken into protective custody.
(3) As soon as practicable after the child is taken into protective custody, the person taking the child into protective custody shall notify the child’s parent, guardian or other person responsible for the child. The notice shall inform the parent, guardian or other person of the action taken and the time and place of the hearing.
(4) Nothing in this section prohibits the detention of a child or ward under a material witness order, as defined in ORS 136.608. [1993 c.33 §64; 1993 c.320 §1; 1993 c.546 §30; 2003 c.396 §40; 2019 c.382 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.165 - Release of child taken into custody; rules.

(1) Subject to subsection (2) of this section, the person taking the child into protective custody shall release the child to the custody of the child’s parent or other responsible person in this state, except in the following cases:
(a) Where the court has issued an order directing that the child be taken into protective custody.
(b) Where the person taking the child into protective custody has probable cause to believe that the welfare of the child or others may be immediately endangered by the release of the child.
(2)(a) Prior to releasing a child to the custody of the child’s noncustodial parent, a person who has taken a child into protective custody shall request the Department of Human Services to conduct a criminal records check on:
(A) The noncustodial parent; and
(B) All adults in the same home as the noncustodial parent.
(b) The department shall conduct a criminal records check under ORS 181A.200 (3) based on a request received under paragraph (a) of this subsection.
(c) The department shall adopt rules consistent with this subsection and the requirements of the Department of State Police for use of the Law Enforcement Data System. [1993 c.33 §65; 1993 c.546 §31; 2019 c.382 §10; 2019 c.631 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.168 - Procedure when child is not released.

(1) If a child taken into protective custody is not released as provided in ORS 419B.165 and the juvenile court for the county has not established the alternative procedure authorized in subsection (4) of this section, the person taking the child into protective custody shall, without unnecessary delay, do one of the following:
(a) Take the child before the court or a person appointed by the court to effect disposition under ORS 419B.165.
(b) Take the child to a place of shelter care or a public or private agency designated by the court and as soon as possible thereafter notify the court that the child has been taken into protective custody.
(2) Where a child residing in some other county is taken into protective custody the child may be:
(a) Released to the child’s parent or other responsible person in this state as provided in ORS 419B.165.
(b) Delivered to a peace officer or juvenile counselor in the county in which the child resides, if such delivery can be made without unnecessary delay. In such event, the person to whom the child is delivered shall assume protective custody of the child and shall proceed as provided in this chapter.
(3) Where a child is released or delivered as provided in subsection (2) of this section, the jurisdiction of the juvenile court of the county in which the child resides shall attach from the time the child is taken into protective custody.
(4) The juvenile court may establish, as an alternative to the provisions of subsection (1) of this section, that if a child taken into protective custody is not released as provided in ORS 419B.165, procedures shall be followed that comply with the following:
(a) The person taking the child into protective custody may communicate, by telecommunications or otherwise, with the person appointed by the court to effect disposition under ORS 419B.175.
(b) After interviewing the person taking the child into protective custody and obtaining such other information as is considered necessary, the person appointed by the court under ORS 419B.175 to effect disposition may exercise the authority granted under that section and shall, in such case, direct that the person taking the child into protective custody release the child or deliver the child in accordance with such direction.
(c) The person taking the child into protective custody shall comply with the direction of the person appointed by the court to effect disposition. [1993 c.33 §66; 1993 c.546 §32; 2019 c.382 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.171 - Report required when child is taken into protective custody.

(1) Except where the child is taken into protective custody pursuant to an order of the court, the person taking the child into protective custody shall promptly file with the court or a counselor a brief written report stating all of the following:
(a) The child’s name, age and address.
(b) The name and address of the person having legal or physical custody of the child.
(c) Efforts to notify the person having legal or physical custody of the child and the results of those efforts.
(d) Reasons for and circumstances under which the child was taken into protective custody.
(e) If the child is not taken to court, the placement of the child.
(f) If the child was not released, the reason why the child was not released.
(g) If the child is not taken to court, why the type of placement was chosen.
(h) A declaration under penalty of perjury and documentation of the person’s efforts to determine whether the person has reason to know that the child is an Indian child and the results of those efforts.
(2) If the person has reason to know that the child is an Indian child, the report under subsection (1) of this section must also include:
(a) The name and address of the Indian child’s parents and, if any, Indian custodian;
(b) Confirmation that notification about the emergency proceeding has been provided as required under ORS 419B.639 (1);
(c) If the Indian child’s parent or Indian custodian is unknown, a detailed description and documentation of the efforts the person has made to locate and contact the parent or Indian custodian, including contact with the appropriate United States Bureau of Indian Affairs Regional Director;
(d) The tribal affiliation of the Indian child and the Indian child’s parent or Indian custodian;
(e) The residence and the domicile of the Indian child;
(f) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;
(g) A specific and detailed account of the circumstances that led the person responsible for the emergency removal of the Indian child to determine that removal of the Indian child was necessary to prevent imminent physical damage or harm and to remove the Indian child;
(h) If the Indian child is believed to reside or to be domiciled on a reservation, a statement describing the efforts that were made and are being made to contact the tribe and transfer the Indian child to the tribe’s jurisdiction; and
(i) A statement of the efforts that have been made to assist the Indian child’s parent or Indian custodian so that the Indian child may remain in or safely be returned to the custody of the Indian child’s parent or Indian custodian. [1993 c.33 §67; 1993 c.546 §33; 2019 c.382 §12; 2020 s.s.1 c.14 §30; 2021 c.398 §55]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.180 - Shelter facilities.

The juvenile court of each county shall designate the place or places in which children are to be placed in shelter care when taken into protective custody. [1993 c.33 §68; 1993 c.546 §34; 2019 c.382 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.183 - Speedy hearing required.

A child or ward may not be held in shelter care more than 24 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing. [1993 c.33 §70; 2003 c.396 §41; 2019 c.382 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.193 - Search for substitute care placements among relatives; notices to parents and certain relatives.

(1) If the Department of Human Services places a child or ward in substitute care, the department shall immediately begin searching for potential substitute care placements from among the relatives of the child or ward.
(2) If the department places a child or ward with a person who is not the child’s relative, when conducting the search under this section, the department shall provide written notification to the parents and any relative identified by the department as a potential placement resource or prospective adoptive parent that the nonrelative foster parent will have equal status or priority under ORS 109.270 and 419B.192 as a prospective adoptive parent if the nonrelative foster parent cares for the child or ward, or at least one sibling of the child or ward, for at least 12 cumulative months or, if the child, ward or sibling is younger than two years of age, for one-half of the child’s, ward’s or sibling’s life, calculated cumulatively. [2023 c.291 §2]
Note:
Section 7 (1), chapter 291, Oregon Laws 2023, provides:
Sec. 7.
(1) Section 2 of this 2023 Act [419B.193] and the amendments to ORS 109.270 and 419B.192 by sections 3 and 4 of this 2023 Act apply to any placement decision made on or after the effective date of this 2023 Act [July 13, 2023] and to any appeal of a placement decision that is under consideration on the effective date of this 2023 Act. [2023 c.291 §7(1)]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.194 - Participation in extracurricular activities; reasonable and prudent parent standard; fees; rules.

(1) As used in this section:
(a) "Extracurricular activities" means age-appropriate or developmentally appropriate activities as follows:
(A) Activities or items that are generally accepted as suitable for children or wards of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or ward, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and
(B) In the case of a specific child or ward, activities or items that are suitable for the child or ward based on the developmental stages attained by the child or ward with respect to the cognitive, emotional, physical and behavioral capacities of the child or ward.
(b) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child or ward while encouraging the emotional and developmental growth of the child or ward, that a substitute care provider shall use when determining whether to allow a child or ward in substitute care to participate in extracurricular activities.
(2)(a) The Department of Human Services shall, in accordance with rules adopted by the department, ensure that a substitute care provider for a child or ward in the care or custody of the department:
(A) Provides an opportunity for the child or ward to participate in at least one ongoing extracurricular activity based on availability and the interests of the child or ward; and
(B) Applies a reasonable and prudent parent standard when determining such participation.
(b) The department and the substitute care provider shall confer to determine the party that will be responsible for payment of any fee or charge related to a child’s or ward’s participation in an extracurricular activity under this section.
(3) Nothing in subsection (2) of this section shall be construed to prohibit a child or ward from participating, or a substitute care provider from allowing a child or ward to participate, in a summer camp or religious services. However, participation in a summer camp or religious services alone does not satisfy the requirements of subsection (2) of this section. [2015 c.472 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.195 - Appointment of counsel for child or ward; access of appointed counsel to records of child or ward.

(1) If the child, ward, parent or guardian requests counsel for the child or ward but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court may appoint suitable counsel to represent the child or ward at state expense if the child or ward is determined to be financially eligible under the policies, procedures, standards and guidelines of the Oregon Public Defense Commission. Whenever requested to do so, the court shall appoint counsel to represent the child or ward in a case filed pursuant to ORS 419B.100. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.
(2) Upon presentation of the order of appointment under this section by the attorney for the child or ward, any agency, hospital, school organization, division or department of the state, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the attorney to inspect and copy any records of the child or ward involved in the case, without the consent of the child or ward or parents. This subsection does not apply to records of a police agency relating to an ongoing investigation prior to charging. [1993 c.33 §72; 1993 c.234 §1; 1993 c.546 §38; 2001 c.962 §43; 2003 c.396 §§44,45; 2003 c.449 §§9,46; 2023 c.281 §63]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.198 - Responsibility for payment of costs related to provision of appointed counsel for child or ward.

(1) When the court appoints counsel to represent a child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.
(2) The test of the parent’s or estate’s ability to pay costs under subsection (1) of this section is the same test as applied to appointment of counsel for defendants under ORS 135.050 or under the policies, procedures, standards and guidelines adopted under ORS 151.216. If counsel is provided at state expense, the court shall apply this test in accordance with the guidelines adopted by the Oregon Public Defense Commission under ORS 151.485.
(3) If counsel is provided at state expense, the court shall determine the amount the parents or estate is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.
(4) The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408. [1993 c.33 §73; 1997 c.761 §6; 2001 c.962 §44; 2003 c.396 §§46,47; 2003 c.449 §10; 2012 c.107 §46; 2023 c.281 §64]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.201 - Compensation for court-appointed counsel for child or ward under ORS 135.055.

When the court appoints counsel for the child or ward and the child or ward is determined to be entitled to, and financially eligible for, appointment of counsel at state expense, and the parent or guardian is without sufficient financial means to employ counsel, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [1993 c.33 §74; 2001 c.962 §45; 2003 c.396 §§48,49; 2003 c.449 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.205 - Appointment of counsel for parent or legal guardian.

(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the standard in ORS 135.050 or the policies, procedures, standards and guidelines adopted under ORS 151.216. In deciding whether to appoint counsel under this section, the court shall consider the following factors:
(a) The duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding;
(b) The complexity of the issues and evidence;
(c) The nature of allegations and evidence contested by the parent or legal guardian; and
(d) The effect the facts found or the disposition in the proceeding may have on later proceedings or events, including but not limited to termination of parental rights or criminal proceedings.
(2) The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. [1993 c.33 §75; 2001 c.962 §46; 2003 c.449 §§11,47]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.208 - Other law applicable to appointment of counsel.

Appointment of counsel for the child, ward or parent is subject to ORS 135.055, 151.216 and 151.219. [1993 c.33 §76; 2001 c.962 §47; 2003 c.396 §§50,51]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.211 - Motion to withdraw as counsel.

(1) When a parent or guardian is required to appear at a hearing related to a petition to establish jurisdiction or a petition to establish permanent guardianship or terminate parental rights, if the parent or guardian fails to appear at the hearing without reasonable explanation, the attorney for the parent or guardian may move to withdraw from representing the parent or guardian.
(2) The attorney shall explain to the court the basis for a motion to withdraw under this section.
(3) The court may grant a motion to withdraw as counsel under this section. [2007 c.497 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.220 - Appointment of surrogate.

(1) Upon the request of any party, the court shall appoint a surrogate for a child who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:
(a) The court finds that the child may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;
(b) The child does not already have a surrogate appointed by a school district or other educational agency; and
(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.
(2) A surrogate appointed under this section:
(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the child;
(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the child;
(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the child in special education decisions; and
(d) May not be a person who is the child’s parent, guardian or former guardian if:
(A) At any time while the child was under the care, custody or control of the person, a court entered an order:
(i) Taking the child into protective custody under ORS 419B.150; or
(ii) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(B) The court entered a subsequent order that:
(i) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328; or
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524. [1993 c.33 §77; 2005 c.662 §14; 2011 c.194 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.223 - Duties and tenure of surrogate.

A person that is appointed surrogate for a ward has the duty and authority to protect the due process rights of the ward with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the ward’s eligibility for special education and shall participate in the development of the ward’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first:
(1) The ward is 21 years of age;
(2) The ward is determined to be no longer eligible for special education; or
(3) The juvenile court terminates wardship and determines that the child’s parent or guardian is both known and available to protect the special educational rights of the child. [1993 c.33 §78; 2003 c.396 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.237 - Duration of appointment; compensation.

(1) The appointment of a guardian ad litem under ORS 419B.231 continues until:
(a) The court terminates the appointment;
(b) The juvenile court proceeding is dismissed; or
(c) The parent’s parental rights are terminated, unless the court continues the appointment.
(2) A party to the proceeding or the attorney for the parent for whom a guardian ad litem has been appointed may request removal of the guardian ad litem. The court:
(a) Shall remove the guardian ad litem if the court determines that the parent no longer lacks substantial capacity either to understand the nature and consequences of the proceeding or to give direction and assistance to the parent’s attorney on decisions the parent must make in the proceeding; or
(b) May remove the guardian ad litem on other grounds as the court determines appropriate.
(3) The Oregon Public Defense Commission shall compensate a guardian ad litem for duties the guardian ad litem performs in the proceeding from funds appropriated to the commission. [2005 c.450 §4; 2023 c.281 §65]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.260

[1993 c.546 §43 (enacted in lieu of 1993 c.33 §92); 1997 c.707 §31; 1997 c.873 §12; 1999 c.302 §1; 2001 c.622 §36; renumbered 419B.806 in 2001]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.305 - When hearing must be held; continuation; priority.

(1) Except as otherwise provided in this section, no later than 60 days after a petition alleging that a child is within the jurisdiction of the court under ORS 419B.100 has been filed, the court shall hold a hearing on the petition and enter an order under ORS 419B.325 (1). Upon written order supported by factual findings of good cause, the court may continue a petition beyond 60 days.
(2) At the commencement of the hearing, unless the court has entered an order finding that the child is an Indian child, the court shall inquire and make 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.
(3)(a) If the child is an Indian child and if the court found under ORS 419B.185 (5)(b)(B) that protective custody is necessary to prevent imminent physical damage or harm to the child, no later than 30 days after the petition is filed, the court shall hold the hearing and enter the order described in subsection (1) of this section, unless:
(A) The child has been returned to the child’s parent or Indian custodian;
(B) The court orders the child to be returned to the child’s parent or Indian custodian;
(C) The court continues the protective order regarding the child for more than 30 days as provided in ORS 419B.185 (5)(d); or
(D) The court grants the child’s parent, Indian custodian or tribe an extension of time to prepare for participation in the hearing as provided in ORS 419B.639 (5).
(b) The court may not schedule a hearing on the petition, or enter an order on the petition, unless the inquiry and notice requirements under ORS 419B.636 (2) and 419B.639 (2) and all relevant timelines have been followed.
(4) No later than 30 days after a petition alleging jurisdiction under ORS 419B.100 is filed, all parties shall comply with ORS 419B.881.
(5) When a person denies allegations in the petition, the court shall set the case for a hearing within the time limits prescribed by subsection (1) of this section. Upon written order supported by factual findings of good cause, the court may continue the hearing beyond the 60-day time limit.
(6) Upon expiration of any continuance granted by this section, the court shall give a petition filed under ORS 419B.100 that is beyond the time limit imposed by subsection (1) of this section the highest priority on the court docket. [1997 c.873 §18; 1999 c.859 §9; 2001 c.622 §53; 2020 s.s.1 c.14 §34; 2021 c.398 §57]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.310 - Conduct of hearings.

(1) The hearing shall be held by the court without a jury and may be continued from time to time. During the hearing of a case filed pursuant to ORS 419B.100, the court, on its own motion or upon the motion of a party, may take testimony from any child appearing as a witness and may exclude the child’s parents and other persons if the court finds such action would be likely to be in the best interests of the child. However, the court may not exclude the attorney for each party and the testimony shall be reported.
(2) Stenographic notes or other report of the hearings shall be taken only when required by the court.
(3)(a) Except as otherwise provided in this section, the facts alleged in the petition showing the child to be within the jurisdiction of the court as provided in ORS 419B.100 (1), unless admitted, must be established:
(A) By a preponderance of competent evidence; or
(B) If the child is an Indian child, by clear and convincing competent evidence.
(b) The evidence under paragraph (a)(B) of this section must:
(A) Include testimony of one or more qualified expert witnesses under ORS 419B.642, demonstrating that the Indian child’s continued custody by the child’s parent or custody by the child’s Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and
(B) Show a causal relationship between the particular conditions in the Indian child’s home and the likelihood that the continued custody of the Indian child by the child’s parent or custody by the child’s Indian custodian will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph.
(c) As used in this subsection, "custody" and "continued custody" have the meanings described in ORS 419B.606.
(4) If the court finds under ORS 419B.305 (2), or at any time prior to the commencement of the hearing, that there is reason to know that the child is an Indian child, the jurisdictional requirements of ORS 419B.305 and 419B.627 must be met before the court may assume jurisdiction of the case. [1993 c.33 §101; 1993 c.546 §51; 2001 c.622 §54; 2020 s.s.1 c.14 §35; 2021 c.398 §70]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.325 - Disposition required; evidence.

(1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case.
(2) For the purpose of determining proper disposition of the ward, testimony, reports or other material relating to the ward’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.
(3) If the child is an Indian child, the court’s order under this section must be in compliance with the placement preferences described in ORS 419B.654. [1993 c.33 §104; 2003 c.396 §53; 2020 s.s.1 c.14 §36; 2021 c.398 §71]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.328 - Ward of the court; duration of wardship.

(1) The court shall make a child found to be within the jurisdiction of the court as provided in ORS 419B.100 a ward of the court.
(2) The court’s wardship continues, and the ward is subject to the court’s jurisdiction, until one of the following occurs:
(a) The court dismisses the petition concerning the ward;
(b) The court transfers jurisdiction over the ward as provided in ORS 419B.127, 419B.130, 419B.132 or 419B.633;
(c) The court enters an order terminating the wardship;
(d) A judgment of adoption of the ward is entered by a court of competent jurisdiction; or
(e) The ward becomes 21 years of age.
(3) Notwithstanding subsection (2) of this section, if a permanent guardianship has been established under ORS 419B.365, the court’s wardship continues, and the ward is subject to the court’s jurisdiction, until:
(a) The court vacates the guardianship under ORS 419B.368 and subsequently enters an order terminating the wardship; or
(b) The ward becomes 21 years of age. [1993 c.33 §105; 1995 c.422 §70; 2003 c.396 §54; 2003 c.576 §447; 2021 c.398 §59; 2023 c.125 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.331 - When protective supervision authorized; conditions that may be imposed.

Except as provided in ORS 419B.600 to 419B.654, when the court determines it would be in the best interest and welfare of a ward, the court may place the ward under protective supervision. The court may direct that the ward remain in the legal custody of the ward’s parents or other person with whom the ward is living, or the court may direct that the ward be placed in the legal custody of some relative or some person maintaining a foster home approved by the court, or in a child care center or a youth care center authorized to accept the ward. The court may specify particular requirements to be observed during the protective supervision consistent with recognized juvenile court practice, including but not limited to restrictions on visitation by the ward’s parents, restrictions on the ward’s associates, occupation and activities, restrictions on and requirements to be observed by the person having the ward’s legal custody, and requirements for visitation by and consultation with a juvenile counselor or other suitable counselor. [1993 c.33 §106; 2003 c.396 §55; 2020 s.s.1 c.14 §37]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.334 - Placement out of state.

When the court determines it would be in the best interest and welfare of a ward, the court may, if there is an interstate compact or agreement or an informal arrangement with another state permitting the ward to reside in another state while under protective supervision, or to be placed in an institution or with an agency in another state, place the ward under protective supervision in such other state. [1993 c.33 §107; 2003 c.396 §56]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.335 - Department of Human Services reports regarding out-of-state placements.

The Department of Human Services shall provide the following information regarding out-of-state placements of children and wards on a website maintained by the department and updated monthly:
(1) The name of each out-of-state facility in which children or wards placed by the department are currently receiving services;
(2) The city and state in which each facility is located;
(3) The name of any parent organization for each facility;
(4) The name of each facility’s accreditation agency;
(5) The number of children or wards placed by the department currently receiving services from each facility;
(6) The total number of children or wards currently receiving services from each facility;
(7) The daily rate charged by each facility for each child or ward;
(8) The name of the face-to-face contracting agency, including the city and state in which it is located;
(9) Whether each facility provides services to adjudicated youths or the resident state’s equivalent of adjudicated youths;
(10) Demographic information about all children or wards the department currently has placed in out-of-state facilities, including but not limited to age, gender or gender identity, race, ethnicity, tribal status and, if disclosed by the child or ward, sexual orientation;
(11) The number of children or wards the department currently has placed in out-of-state facilities who have autism, intellectual disabilities or developmental disabilities; and
(12) Aggregate travel costs for the department to support out-of-state placements during the previous month. [2019 c.619 §4; 2021 c.387 §5; 2021 c.489 §58]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.343 - Recommendations of committing court; case planning; plan contents.

(1) To ensure effective planning for wards, the Department of Human Services shall take into consideration recommendations and information provided by the committing court before placement in any facility. The department shall ensure that the case planning in any case:
(a) For the reunification of the family bears a rational relationship to the jurisdictional findings that brought the ward within the court’s jurisdiction under ORS 419B.100;
(b) Incorporates the perspective of the ward and the family and, whenever possible, allows the family to assist in designing its own service programs, based on an assessment of the family’s needs and the family’s solutions and resources for change; and
(c) Is integrated with other agencies in cooperation with the caseworkers.
(2) Except in cases when the plan is something other than to reunify the family, the department shall include in the case plan:
(a) Appropriate services to allow the parent the opportunity to adjust the parent’s circumstances, conduct or conditions to make it possible for the ward to safely return home within a reasonable time; and
(b) A concurrent permanent plan to be implemented if the parent is unable or unwilling to adjust the parent’s circumstances, conduct or conditions in such a way as to make it possible for the ward to safely return home within a reasonable time.
(3) For a ward 14 years of age or older, the department shall ensure that:
(a) Case planning for the ward addresses the ward’s needs and goals for a transition to successful adulthood, including needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships; and
(b) The ward’s case plan includes a document that describes the rights of the ward as specified in ORS 418.201 and a signed acknowledgment by the ward that the ward has been provided with a copy of the document and that rights contained in the document have been explained to the ward in an age-appropriate manner.
(4) The case plan for a ward in substitute care must include the health and education records of the ward, including the most recent information available regarding:
(a) The names and addresses of the ward’s health and education providers;
(b) The grade level of the ward’s academic performance;
(c) The ward’s school record;
(d) Whether the ward’s placement takes into account proximity to the school in which the ward is enrolled at the time of placement;
(e) The ward’s immunizations;
(f) Any known medical problems of the ward;
(g) The ward’s medications; and
(h) Any other relevant health and education information concerning the ward that the department determines is appropriate to include in the records. [1993 c.33 §110; 1995 c.770 §1; 1997 c.873 §13; 1999 c.859 §12; 2001 c.686 §15; 2003 c.396 §59; 2003 c.544 §3a; 2007 c.611 §5; 2015 c.254 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.346 - Medical planning.

Whenever a ward who is in need of medical care or other special treatment by reason of physical or mental condition is placed in the custody of the Department of Human Services by the juvenile court, the department shall prepare a plan for care or treatment within 14 days after assuming custody of the ward. The court may indicate in general terms the type of care which it regards as initially appropriate. A copy of the plan, including a time schedule for its implementation, shall be sent to the juvenile court that committed the ward to the department. The court may at any time request regular progress reports on implementation of the plan. The department shall notify the court when the plan is implemented, and shall report to the court concerning the progress of the ward annually thereafter. If the plan is subsequently revised, the department shall notify the court of the revisions and the reasons for the revisions. [1993 c.33 §111; 2003 c.396 §60]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 419B - Juvenile Code: Dependency › Section 419B.349 - Court authority to review placement or proposed placement.

(1) Commitment of a child or ward to the Department of Human Services does not terminate the court’s continuing jurisdiction to protect the rights of the child or ward or the child or ward’s parents or guardians. Notwithstanding ORS 419B.337 (5), if upon review of a placement or proposed placement of a child or ward made or to be made by the department the court determines that the placement or proposed placement is not in the best interest of the child or ward, the court may direct the department to place or maintain the child or ward in the care of the child or ward’s parents, in foster care with a foster care provider who is a relative, in foster care with a foster care provider who is or has been a current caretaker for the child, in foster care with a foster care provider who is not a relative or current caretaker, in residential care, in group care or in some other specific type of residential placement, but unless otherwise required by law, the court may not direct a specific placement. The actual planning and placement of the child or ward is the responsibility of the department. Nothing in this subsection affects any contractual right of an individual or a private agency to refuse or terminate a placement.
(2) The court may not exercise its discretion to direct the department to place or maintain a child or ward where the effect of the direction will be to remove the child or ward from, or prevent the placement of the child or ward with, a person described in ORS 419B.440 (2)(c). [1993 c.33 §112; 1997 c.497 §1; 1997 c.764 §1; 2003 c.396 §61; 2007 c.235 §1; 2007 c.806 §13; 2015 c.795 §6]