ORS 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 (Prohibition on detention), 419B.165 (Release of child taken into custody), 419B.168 (Procedure when child is not released) and 419B.171 (Report required when child is taken into protective custody);

(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 (Release of child taken into custody) 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]

Source
Last accessed
May. 15, 2020