(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