ORS 419B.175
Initial disposition of child taken into protective custody


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


Release the child to the custody of a parent, guardian or other responsible person;


Release the child on the child’s own recognizance when appropriate;


Subject to ORS 419B.121 (Return of runaway children to another state) or 419B.180 (Shelter facilities), 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 (Return of runaway children to another state); or


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.


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]
§§ 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