ORS 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 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) (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]
§§ 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

Notes of Decisions

Under Former Similar Statute

Where CSD had temporary custody of children, parent committed custodial interference under ORS 163.245 by removing her children from CSD’s custody. State v. Gambone, 93 Or App 569, 763 P2d 188 (1988)

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)


Source
Last accessed
May. 15, 2020