(1) A youth may not be removed from the youth’s current placement solely for the purpose of receiving restorative services pursuant to a court order under ORS § 419C.392 unless the court finds:

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(a) That removal is necessary to provide restorative services under ORS § 419C.396;

(b) That removal is in the best interest of the youth; and

(c) If the Department of Human Services has custody of the youth, that:

(A) The department made reasonable efforts to prevent or eliminate the need for removal and make it possible for the youth to safely return to the youth’s current placement; or

(B) Reasonable efforts have not been made by the department but reasonable efforts would not have eliminated the need for removal under paragraphs (a) and (b) of this subsection.

(2) If a youth is removed for the purpose of receiving restorative services, the youth shall be returned to the youth’s current placement immediately upon conclusion of the provision of the restorative services unless the youth has been placed in a detention facility as defined in ORS § 419A.004 or a youth correction facility as defined in ORS § 420.005. [2013 c.709 § 11; 2017 c.558 § 3]

See note under 419C.378.

ADJUDICATION