ORS 418.937¹
Placement decision
  • order of preference for placement

When making any placement decision involving a refugee child under ORS 419B.150 (When protective custody authorized), 419C.080 (Custody) or 419C.088 (Custody by private person), the Department of Human Services and the juvenile court shall consider that child’s culture and tradition. Unless shown to be inappropriate and inconsistent with the best interests of the child, the department and juvenile court shall place the child with the following in order of preference:

(1) Natural parents.

(2) Extended family members.

(3) Members of the same cultural heritage.

(4) Persons with knowledge and appreciation of the cultural heritage of the child. [1985 c.358 §3; 1993 c.33 §342]

Notes of Decisions

Termina­tion of parental rights in case involving refugee children requires same pro­ce­dures and imposes same burden of proof on state as in most other termina­tion cases. State ex rel Juvenile Dept. v. Bertrand, 168 Or App 617, 7 P3d 662 (2000)

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children's Services Division employees removed plaintiffs' child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children's Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors418.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­418ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information