2017 ORS 418.595¹
Placement and referral to program to be considered in reasonable or active efforts determination
  • written explanation

(1) In considering what constitutes reasonable or active efforts or whether reasonable or active efforts have been made under ORS 419B.185 (Evidentiary hearing), 419B.337 (Commitment to custody of Department of Human Services), 419B.340 (Reasonable or active efforts determination), 419B.470 (Permanency hearing), 419B.476 (Conduct of hearing), 419B.498 (Termination of parental rights) and 419C.173 (Evidentiary hearing), the Department of Human Services and the juvenile court shall consider whether placement of a child and referral of a child and the child’s family to a Strengthening, Preserving and Reunifying Families program is or was in the child’s best interests and the action most likely to prevent or eliminate the need for removal of the child from the child’s home or the action most likely to make it possible for the child to safely return home.

(2) If the department or juvenile court determines that placement of the child and referral of the child and the child’s family to a program would not prevent or eliminate the need for removal of the child from the child’s home or be the action most likely to make it possible for the child to safely return home, the department shall, in any description or documentation of its reasonable or active efforts, include a written explanation of the reasons why the department did not believe the placement of the child and referral of the child and the child’s family to the program was in the child’s best interests and the course most likely to prevent placement or effect the return of the child to the child’s family. [2011 c.568 §7]

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/­ors/­ors418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.