Oregon Statutes 418.933 – Judicial determination on removal required
(1) No refugee child shall remain out of the child’s home pursuant to ORS § 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that:
Terms Used In Oregon Statutes 418.933
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 and 419B.809 or ORS § 419C.255, 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.
(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]