2017 ORS 418.933¹
Judicial determination on removal required

(1) No refugee child shall remain out of the child’s home pursuant to ORS 418.927 (When refugee child may be removed from home) for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that:

(a) Preventative or remedial services provided by the Department of Human Services have failed to alleviate the need for removal; and

(b) Return to the home will likely result in psychological or physical damage to the child.

(2) The department must include in its petition in addition to the material required under ORS 418.930 (Petition to juvenile court required upon removal of refugee child) and 419B.809 (Petition) or ORS 419C.255 (Facts to be pleaded), the following:

(a) Specific actions the department is taking or has taken to alleviate the need for removal.

(b) Assurance that the department has complied with the placement preferences of ORS 418.937 (Placement decision).

(c) Assurance that the department is making or has made diligent efforts to locate and to give notice to all affected refugee family members and to the Refugee Child Welfare Advisory Committee of the pendency of the petition. [1985 c.358 §6; 1993 c.33 §340; 2001 c.622 §44]

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.