(1) this statute 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 will, when they have taken protective custody of a child or have authority to effect disposition of a child taken into protective custody:

(a) release the child to the custody of a parent, guardian or other responsible person

(b) release the child on the child’s own recognizance when appropriate

(c) Subject to 419B.121 (return of runaway children to another state) or 419B.180 (Shelter facilities), place the child in shelter care or detention. The child will 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 419B.121 (return of runaway children to another state) OR

(d) 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

(2) if the child is released under paragraph (1)(a), the person releasing the child will inform the juvenile court

(1) if a child taken into protective custody is not released per 419B.165 (release of child taken into custody) and the juvenile court for the county hasn't established the alternative procedure authorised in paragraph (4), the person taking the child into protective custody will, 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 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 afterwards 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 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 will assume protective custody of the child and will proceed as provided in this chapter.

(3) where a child is released or delivered as provided in paragraph (2), the jurisdiction of the juvenile court of the county in which the child resides will attach from the time the child is taken into protective custody.

(4) the juvenile court may establish, as an alternative to the provisions of paragraph (1), that if a child taken into protective custody is not released as provided in 419B.165 (release of child taken into custody), procedures will 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 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 419B.175 (initial disposition of child taken into protective custody) to effect disposition may exercise the authority granted under that statute and will, 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 will comply with the direction of the person appointed by the court to effect disposition

(1)(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 419C.005 (Jurisdiction)

(b) except as provided in 419C.130 (youth or youth offender can't 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 (5) hours when necessary to obtain the child or ward’s name, age, residence and other identifying information.

(2) all peace officers will 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.

(3) as soon as practicable after the child is taken into protective custody, the person taking the child into protective custody will notify the child’'s parent, guardian or other person responsible for the child. The notice will inform the parent, guardian or other person of the action taken and the time and place of the hearing.

(4) nothing in this section prohibits the detention of a child or ward under a material witness order, as defined in 136.608 (Application procedure)

(1) protective custody shall not be deemed an arrest so far as the child is concerned.

(2) a peace officer taking a child into protective custody has all the privileges and immunities of a peace officer making an arrest

(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 DHS or anyone 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 paragraph (1), the person who takes the child into custody:

(a)(A) will 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 service OR

(B) will 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.

(4) a person authorised to take a child into protective custody will apply for a protective custody order, as described in paragraph (6), by submitting a declaration based on information and belief that sets forth with particularity:

(a) why protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or to prevent the child from inflicting harm on self or others OR

(D) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child.

(b) why protective custody is in the best interests of the child.

(5)(a) the applicant under paragraph (4) will deliver the declaration described in paragraph (4) to the juvenile court

(b) at the applicant’s request, instead of the declaration described in paragraph (4), the judge may take an oral statement under oath. If the applicant makes the oral statement to the judge out of court, the applicant will record the oral statement and retain a copy of the recording. The recording constitutes a declaration for the purposes of paragraph (4)

(6) the juvenile court may order that a child be taken into protective custody if, after reviewing the declaration described in paragraph (4), the court determines that:

(a) protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or prevent the child from inflicting harm on self or others

(D) ensure the safety of a child who has run away from home OR

(E) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child AND

(b) protective custody is in the best interests of the child

(7) when the court issues a protective custody order under paragraph (6), the court may transmit the signed order to the applicant by a form of electronic communication approved by the court that delivers a complete printable image of the signed order. The court shall file the original order in the court record

(1) subject to paragraph (2), the person taking the child into protective custody will 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 releasing 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 will request DHS to conduct a criminal records check on:

(A) The noncustodial parent AND

(B) all adults in the same home as the noncustodial parent

(b) DHS will conduct a criminal records check under 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)

(c) DHS will adopt rules consistent with this statute and the requirements of the Department of State Police for use of the LEDS

(1) the child’'s name, age and address

(2) the name and address of the person having legal or physical custody of the child

(3) efforts to notify the person having legal or physical custody of the child and the results of those efforts

(4) reasons for and circumstances under which the child was taken into protective custody

(5) if the child is not taken to court, the placement of the child

(6) if the child was not released, the reason why the child was not released

(7) if the child is not taken to court, why the type of placement was chosen

(8) efforts to determine whether the child or the parents have any Indian heritage and the results of those efforts. If the child is an Indian child, the placement of the child will be according to the preferences and criteria set out in the Indian Child Welfare Act

(2) Regardless of any provisions in ORS chapter 419A, 419B or 419C prohibiting the detention of children or wards, if the court determines that a child or ward is an out-of-state runaway, the court may place the out-of-state runaway in a placement that the court determines to be the least restrictive setting, including detention, necessary to ensure that the out-of-state runaway is not a danger to self or others pending the return of the out-of-state runaway to the out-of-state runaway’s home state

(2) the following persons are authorised to take a child into protective custody under this section:

(a) a peace officer

(b) a counselor OR

(c) an employee of the Department of Human Services

(3)(a) prior to taking a child into protective custody under this section, the person taking the child into protective custody must determine whether there is reason to know the child is an Indian child

(b) If there is reason to know the child is an Indian child, the emergency notification requirements of section 16 (1) of this 2020 special session Act must be met prior to taking the child into protective custody

(4)(a) except as provided in paragraph (b), a child may be taken into protective custody without a court order only when there is reasonable cause to believe that:

(A) there is an imminent threat of severe harm to the child

(B) the child poses an imminent threat of severe harm to self or others OR

(C) there is an imminent threat that the child’s parent or guardian will cause the child to be beyond the reach of the juvenile court before the court can order that the child be taken into protective custody under paragraph (6)

(b) if there is reason to know that the child is an Indian child, the child may be taken into protective custody without a court order only when it is necessary to prevent imminent physical damage or harm to the child

(4) a person authorised to take a child into protective custody will apply for a protective custody order, as described in paragraph (6), by submitting a declaration based on information and belief that sets forth with particularity:

(a) why protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or to prevent the child from inflicting harm on self or others OR

(D) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child.

(b) why protective custody is in the best interests of the child.

(5)(a) the applicant under paragraph (4) will deliver the declaration described in paragraph (4) to the juvenile court

(b) at the applicant’s request, instead of the declaration described in paragraph (4), the judge may take an oral statement under oath. If the applicant makes the oral statement to the judge out of court, the applicant will record the oral statement and retain a copy of the recording. The recording constitutes a declaration for the purposes of paragraph (4)

(6) the juvenile court may order that a child be taken into protective custody if, after reviewing the declaration described in paragraph (4), the court determines that:

(a) protective custody is necessary and the least restrictive means available to:

(A) protect the child from abuse

(B) prevent the child from inflicting harm on self or others

(C) ensure that the child remains within the reach of the juvenile court to protect the child from abuse or prevent the child from inflicting harm on self or others

(D) ensure the safety of a child who has run away from home OR

(E) if the department knows or has reason to know that the child is an Indian child, prevent imminent physical damage or harm to the child AND

(b) protective custody is in the best interests of the child

(7) when the court issues a protective custody order under paragraph (6), the court may transmit the signed order to the applicant by a form of electronic communication approved by the court that delivers a complete printable image of the signed order. The court shall file the original order in the court record