2017 ORS 419C.173¹
Evidentiary hearing

(1) When the youth is taken, or is about to be taken, into temporary custody pursuant to ORS 419C.080 (Custody) and 419C.088 (Custody by private person) and placed in shelter care, a parent or youth shall be given the opportunity to present evidence to the court at the hearing specified in ORS 419C.170 (Time limitations on shelter care), and at any subsequent review hearing, that the youth can be returned home without further danger of suffering physical injury or emotional harm, endangering or harming others, or not remaining within the reach of the court process prior to adjudication.

(2) If the victim requests, the district attorney or juvenile department shall notify the victim of a hearing under this section.

(3) At the hearing:

(a) The court shall make a written finding as to whether reasonable efforts have been made, considering the circumstances of the youth’s conduct, to prevent or eliminate the need for removal of the youth from the home;

(b) In determining whether a youth shall be removed or continued out of the home, the court shall consider whether the provision of reasonable and available services can prevent or eliminate the need to remove the youth from the home; and

(c) The court shall make a written finding in every order of removal that it is in the best interest of the youth and the community that the youth be removed from the home or continued in care. [1993 c.33 §179; 1993 c.295 §6; 1993 c.546 §131; 1999 c.92 §1; 2007 c.609 §17]

Chapter 419C

Law Review Cita­tions

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)

1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419C.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419C.­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.