ORS 419B.160
Prohibition on detention; exceptions; place of holding; record; parental notice required


(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 (Jurisdiction).


Except as provided in ORS 419C.130 (Youth or youth offender may not be detained where adults are detained), 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.


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.


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.


Nothing in this section prohibits the detention of a child or ward under a material witness order, as defined in ORS 136.608 (Application procedure). [1993 c.33 §64; 1993 c.320 §1; 1993 c.546 §30; 2003 c.396 §40; 2019 c.382 §9]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

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May. 15, 2020