ORS 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 (Release of child taken into custody) 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 (Release of child taken into custody).(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 (Release of child taken into custody).(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 (Release of child taken into custody), 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 (Initial disposition of child taken into protective custody).(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 (Initial disposition of child taken into protective custody) 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]
Source:
Section 419B.168 — Procedure when child is not released, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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