2021 Oregon Revised Statutes
Chapter 419B - Juvenile Code: Dependency
Section 419B.440 - Circumstances requiring reports; exceptions.


(a) When the child or ward has been placed with the agency as a result of a court order and prior to, or as soon as practicable after the agency places the child or ward in any placement including, but not limited to, the child or ward’s home, shelter care, substitute care or a child care center, unless the court has previously received a report or treatment plan indicating the actual physical placement of the child or ward.
(b)(A) When the child or ward has been placed with the agency as the result of a court order and remains under agency care for six consecutive months from date of initial placement;
(B) When the child or ward has been surrendered for adoption or the parents’ rights have been terminated and the agency has not physically placed the child or ward for adoption or initiated adoption proceedings within six months of receiving the child or ward; and
(C) When the ward is in the legal custody of the Department of Human Services as provided in ORS 419B.337, but the ward has been placed for a period of six consecutive months in the physical custody of a parent or a person who was appointed the ward’s legal guardian prior to placement of the ward in the legal custody of the department.
(c) When the agency has removed or plans to remove a child or ward from a foster home as defined in ORS 418.625 that is certified under ORS 418.635 and the removal is for the purpose of placing the child or ward in a different substitute care placement, if:
(A) The child or ward has resided for 12 consecutive months or more in the foster home; or
(B) The child or ward resides or resided in the foster home pursuant to a permanent foster care agreement.
(2) An agency is not required to file a report under subsection (1)(c) of this section when:
(a) The removal of the child or ward was made following a founded allegation of abuse or neglect by the child’s or ward’s foster care provider;
(b) The removal was made to address an imminent threat to the health or safety of the child or ward pending completion of an investigation of reported abuse or neglect by the child’s or ward’s foster care provider;
(c) The agency has placed the child or ward with a person who has been selected by the department to be the adoptive parent, when the selection has become final after the expiration of any administrative or judicial review procedures under ORS chapter 183; or
(d) The removal was made at the request of the foster care provider. [1993 c.33 §129; 2003 c.396 §74; 2007 c.610 §1; 2015 c.795 §7]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 419B - Juvenile Code: Dependency

Section 419B.005 - Definitions.

Section 419B.010 - Duty of officials to report child abuse; exceptions; penalty.

Section 419B.015 - Report form and content; notice.

Section 419B.016 - Offense of false report of child abuse.

Section 419B.017 - Time limits for notification between law enforcement agencies and Department of Human Services; rules.

Section 419B.019 - Investigation of report involving school; notification; rules.

Section 419B.020 - Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation.

Section 419B.021 - Degree requirements for persons conducting investigation or making determination regarding child.

Section 419B.023 - Duties of person conducting investigation under ORS 419B.020.

Section 419B.026 - Required findings for investigation conducted under ORS 419B.020.

Section 419B.028 - Photographing child during investigation; photographs as records.

Section 419B.030 - Central registry of reports.

Section 419B.035 - Confidentiality of records; when available to others; rules.

Section 419B.040 - Certain privileges not grounds for excluding evidence in court proceedings on child abuse.

Section 419B.045 - Investigation conducted on school premises; notification; role of school personnel.

Section 419B.050 - Authority of health care provider to disclose information; immunity from liability.

Section 419B.055 - Action by Attorney General for protective order on behalf of department employee; written request; eligible employees.

Section 419B.090 - Juvenile court; jurisdiction; policy.

Section 419B.100 - Jurisdiction; bases; Indian children.

Section 419B.112 - Court appointed special advocate; duties; immunity; access to information; funding; rules.

Section 419B.116 - Intervention; caregiver relationship; rights of limited participation.

Section 419B.117 - Notice to parents or guardian of child; when given; contents.

Section 419B.118 - Venue.

Section 419B.121 - Return of runaway children to another state.

Section 419B.127 - Transfer to court of county of child or ward’s residence.

Section 419B.130 - Delegation of jurisdiction by county of residence.

Section 419B.132 - Delegation of jurisdiction among county juvenile courts.

Section 419B.150 - When protective custody authorized; protective custody order.

Section 419B.152 - Protective custody of runaway child.

Section 419B.155 - Protective custody not arrest.

Section 419B.160 - Prohibition on detention; exceptions; place of holding; record; parental notice required.

Section 419B.165 - Release of child taken into custody; rules.

Section 419B.168 - Procedure when child is not released.

Section 419B.171 - Report required when child is taken into protective custody.

Section 419B.175 - Initial disposition of child taken into protective custody.

Section 419B.185 - Evidentiary hearing.

Section 419B.192 - Placement of child or ward; preference given to relatives and caregivers; written findings of court required.

Section 419B.194 - Participation in extracurricular activities; reasonable and prudent parent standard; fees; rules.

Section 419B.195 - Appointment of counsel for child or ward; access of appointed counsel to records of child or ward.

Section 419B.198 - Responsibility for payment of costs related to provision of appointed counsel for child or ward.

Section 419B.205 - Appointment of counsel for parent or legal guardian.

Section 419B.211 - Motion to withdraw as counsel.

Section 419B.220 - Appointment of surrogate.

Section 419B.223 - Duties and tenure of surrogate.

Section 419B.231 - Appointment; hearing; findings.

Section 419B.234 - Qualifications; duties; privilege.

Section 419B.237 - Duration of appointment; compensation.

Section 419B.305 - When hearing must be held; continuation; priority.

Section 419B.310 - Conduct of hearings.

Section 419B.325 - Disposition required; evidence.

Section 419B.328 - Ward of the court; duration of wardship.

Section 419B.335 - Department of Human Services reports regarding out-of-state placements.

Section 419B.337 - Commitment to custody of Department of Human Services.

Section 419B.340 - Reasonable or active efforts determination.

Section 419B.343 - Recommendations of committing court; case planning; plan contents.

Section 419B.349 - Court authority to review placement or proposed placement.

Section 419B.351 - Court approval of placement in qualified residential treatment program.

Section 419B.365 - Permanent guardianship; petition; when filed; procedure.

Section 419B.366 - Guardianship; motion; procedure.

Section 419B.367 - Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian.

Section 419B.368 - Review, modification or vacation of guardianship order.

Section 419B.369 - Guardianship study; rules.

Section 419B.371 - Community guardianship.

Section 419B.372 - Guardianship as incident of custody.

Section 419B.373 - Duties and authority of legal custodian.

Section 419B.376 - Duties and authority of guardian.

Section 419B.395 - Judgment of parentage or nonparentage.

Section 419B.400 - Authority to order support; collection.

Section 419B.408 - Enforcement of support order.

Section 419B.440 - Circumstances requiring reports; exceptions.

Section 419B.443 - Time and content of reports.

Section 419B.446 - Filing report.

Section 419B.449 - Review hearing by court; findings.

Section 419B.470 - Permanency hearing; schedule.

Section 419B.473 - Notice; appearance.

Section 419B.476 - Conduct of hearing; court determinations; orders.

Section 419B.498 - Termination of parental rights; petition by Department of Human Services; when required.

Section 419B.500 - Termination of parental rights generally.

Section 419B.502 - Termination upon finding of extreme conduct.

Section 419B.504 - Termination upon finding of unfitness.

Section 419B.506 - Termination upon finding of neglect.

Section 419B.510 - Termination upon finding child conceived as result of rape.

Section 419B.517 - Mediation to be encouraged.

Section 419B.518 - Appointment of counsel for parents.

Section 419B.521 - Conduct of termination hearing.

Section 419B.524 - Effect of termination order.

Section 419B.527 - Disposition of ward after termination.

Section 419B.529 - Adoption after permanent commitment or surrender; procedure; certain fees prohibited.

Section 419B.530 - Representation by Attorney General.

Section 419B.532 - Reinstatement of parental rights; rules.

Section 419B.550 - Definitions for ORS 419B.550 to 419B.558.

Section 419B.552 - Application for emancipation judgment; effect of judgment.

Section 419B.555 - Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

Section 419B.558 - Entry of judgment of emancipation.

Section 419B.600 - Policy on Indian child welfare.

Section 419B.603 - Definitions.

Section 419B.606 - Custody; presumption of continued custody.

Section 419B.609 - Acknowledgment or establishment of parentage.

Section 419B.612 - Best interests of Indian child.

Section 419B.615 - Assistance enrolling child in tribe; notice to parents.

Section 419B.618 - Determination of Indian child’s tribe.

Section 419B.621 - Judicial determination of Indian child’s residence, domicile and status as ward.

Section 419B.622 - Domicile.

Section 419B.624 - Tribal-state agreements.

Section 419B.627 - Jurisdiction; limitations; tribal court assumption of jurisdiction.

Section 419B.630 - Motion to transfer to tribal court; objection; good cause to deny transfer.

Section 419B.633 - Transfer to tribal court.

Section 419B.636 - Inquiry to determine whether child is Indian child; when there is reason to know child is Indian child; notice.

Section 419B.639 - Notice to tribe in emergency proceeding; notice in other proceedings; form and timing of notice; exception.

Section 419B.642 - Qualified expert witness.

Section 419B.645 - Active efforts.

Section 419B.646 - Right to appear; withdrawal by party.

Section 419B.647 - Right to counsel.

Section 419B.648 - Right to examine reports or documents.

Section 419B.651 - Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment.

Section 419B.652 - Determination regarding improper removal or retainment; effect of determination; exception.

Section 419B.654 - Placement preferences; motion for placement contrary to preferences for good cause.

Section 419B.656 - Tribal customary adoption; rules; forms.

Section 419B.657 - Reports to Legislative Assembly.

Section 419B.660 - Conflict of laws.

Section 419B.663 - Full faith and credit.

Section 419B.665 - Rules.

Section 419B.800 - Applicability of ORS 419B.800 to 419B.929.

Section 419B.803 - Jurisdiction.

Section 419B.806 - Consolidation; when required; procedures.

Section 419B.809 - Petition; contents; form; dismissal.

Section 419B.812 - Issuance of summons; time for hearing on petition.

Section 419B.815 - Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear.

Section 419B.816 - Notice to person contesting petition to establish jurisdiction.

Section 419B.818 - Form of summons under ORS 419B.815.

Section 419B.819 - Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear.

Section 419B.820 - Notice to parent contesting petition to establish permanent guardianship or terminate parental rights.

Section 419B.822 - Form of summons under ORS 419B.819.

Section 419B.823 - Service of summons generally.

Section 419B.824 - Methods of serving summons.

Section 419B.833 - Proof of service of summons or mailing.

Section 419B.839 - Required and discretionary summons.

Section 419B.842 - When arrest warrant authorized.

Section 419B.845 - Restraining order when child abuse alleged.

Section 419B.846 - Service of restraining order.

Section 419B.848 - Process generally.

Section 419B.851 - Service of process; filing; proof of service.

Section 419B.854 - Computing statutory time periods.

Section 419B.857 - Pleadings; construction.

Section 419B.860 - Motions.

Section 419B.863 - Pleadings; captions.

Section 419B.866 - Signing pleadings required; effect of signing or not signing.

Section 419B.869 - Responding to pleadings; time limit.

Section 419B.872 - Amendment of pleadings.

Section 419B.875 - Parties to proceedings; rights of limited participation; status of grandparents; interpreters.

Section 419B.876 - Visitation or other contact between grandparent and ward; findings; order; appeal.

Section 419B.878 - Judicial inquiry and finding regarding whether child is Indian child.

Section 419B.881 - Disclosure; scope; when required; exceptions; breach of duty to disclose.

Section 419B.884 - Depositions; procedure.

Section 419B.887 - Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation.

Section 419B.890 - Dismissal of petition at end of petitioner’s case; settlement conference.

Section 419B.893 - Subpoenas generally.

Section 419B.896 - Subpoena for production of books, papers, documents and other tangible things.

Section 419B.899 - Issuance of subpoena.

Section 419B.902 - Service of subpoena.

Section 419B.905 - Subpoena of incarcerated witness.

Section 419B.914 - Proceeding when person entitled to service is not summoned and is not before court.

Section 419B.918 - Manner of appearance.

Section 419B.923 - Modifying or setting aside order or judgment.

Section 419B.926 - Stay of order or judgment pending appeal.

Section 419B.950 - Educational program regarding federal and state adoption and child welfare laws; establishment; purpose.

Section 419B.953 - Training and continuing education for caseworkers.