2017 ORS 418.927¹
When refugee child may be removed from home
  • placement

(1) The Department of Human Services shall not remove a refugee child from the child’s home pursuant to ORS 419B.150 (When protective custody authorized) or 419C.080 (Custody) unless, in addition to the requirements of ORS 419B.150 (When protective custody authorized) or 419C.080 (Custody), removal is necessary to prevent imminent serious emotional or physical harm to the child and the provision of preventative or remedial services do not alleviate the harm.

(2) Whenever the department removes a refugee child from the child’s home pursuant to the temporary custody provisions of ORS 419B.150 (When protective custody authorized) or 419C.080 (Custody), the department shall place the child according to ORS 418.937 (Placement decision). [1985 c.358 §2; 1993 c.33 §338]

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/­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.