Oregon Statutes 419B.168 – Procedure when child is not released
(1) If a child taken into protective custody is not released as provided in ORS § 419B.165 and the juvenile court for the county has not established the alternative procedure authorized in subsection (4) of this section, the person taking the child into protective custody shall, without unnecessary delay, do one of the following:
Terms Used In Oregon Statutes 419B.168
- 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
(a) Take the child before the court or a person appointed by the court to effect disposition under ORS § 419B.165.
(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 thereafter 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 ORS § 419B.165.
(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 shall assume protective custody of the child and shall proceed as provided in this chapter.
(3) Where a child is released or delivered as provided in subsection (2) of this section, the jurisdiction of the juvenile court of the county in which the child resides shall attach from the time the child is taken into protective custody.
(4) The juvenile court may establish, as an alternative to the provisions of subsection (1) of this section, that if a child taken into protective custody is not released as provided in ORS § 419B.165, procedures shall 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 ORS § 419B.175.
(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 ORS § 419B.175 to effect disposition may exercise the authority granted under that section and shall, 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 shall comply with the direction of the person appointed by the court to effect disposition. [1993 c.33 § 66; 1993 c.546 § 32; 2019 c.382 § 11]