2015 ORS 419C.384¹
Removal of youth from placement for purpose of evaluation

(1) A youth may not be removed from the youth’s current placement for the purpose of an evaluation under ORS 419C.380 (Evaluation) unless the court finds:

(a) That removal is necessary for the evaluation;

(b) That removal is in the best interest of the youth; and

(c) If the Department of Human Services has custody of the youth, that:

(A) The department made reasonable efforts to prevent or eliminate the need for removal and make it possible for the youth to safely return to the youth’s current placement; or

(B) Reasonable efforts have not been made by the department but reasonable efforts would not have eliminated the need for removal under paragraphs (a) and (b) of this subsection.

(2) A youth may not be removed from the youth’s current placement to a hospital or residential facility solely for the purpose of an evaluation.

(3) If the court finds that the youth must be removed from the youth’s current placement for the purpose of an evaluation under ORS 419C.380 (Evaluation), the court must make written findings that the requirements of this section have been met.

(4) Unless ordered by the court upon a finding of good cause, a removal under this section may not exceed 10 days.

(5) If a youth is removed for the purpose of an evaluation under ORS 419C.380 (Evaluation), the youth shall be returned to the youth’s current placement immediately upon conclusion of the evaluation. [2013 c.709 §4]

Note: See note under 419C.378 (Motion for finding that youth is unfit to proceed).


1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419C.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.