ORS  Guide
Procedure when child is not released
ORS > Procedural Statutes > Juvenile Dependency > 419B.168
(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
© 2020 - 2021 Ross Dargahi - Disclaimer - About