Oregon Statutes 419B.160 – Prohibition on detention; exceptions; place of holding; record; parental notice required
(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 ORS § 419C.005.
Terms Used In Oregon Statutes 419B.160
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(b) Except as provided in ORS § 419C.130, 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 hours when necessary to obtain the child or ward’s name, age, residence and other identifying information.
(2) All peace officers shall 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 shall notify the child’s parent, guardian or other person responsible for the child. The notice shall 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 ORS § 136.608. [1993 c.33 § 64; 1993 c.320 § 1; 1993 c.546 § 30; 2003 c.396 § 40; 2019 c.382 § 9]