When is a child taken into protective custody?
When a child is unsafe and in immediate danger of harm, DHS or law enforcement must work to develop a plan which will assure a child’s safety. Many times a safety plan can be developed which will keep a child safe in his/her own home. When it is not possible a child may, according to statute, be taken into protective custody. If a safe relative is available, DHS or law enforcement may place the child with them. If not, a child will be placed in shelter care. Families or special care facilities licensed by DHS usually provide shelter care. Parents are notified immediately if their child is placed in shelter care. A juvenile court hearing is held within 24 judicial hours to review the need for continued protection of the child while the assessment continues. Parents are provided the opportunity at the shelter hearing to explain why they believe their child can be returned home without danger of physical injury or emotional harm.
Where there is an immediate danger to a child’s well being, Oregon statute permits law enforcement or the State Office for Services to Children and Families to take a child into protective custody without a court order. When it is determined that a child is abused or neglected and would probably be injured because parents or caretakers are unable to protect him/her, then the child is placed in shelter care. Shelter care is usually provided by families or special care facilities licensed by the State Office for Services to Children and Families. Parents are notified immediately if their child is placed in shelter care. A juvenile court hearing is held within 24 judicial hours to review the need for continued protection of the child through shelter care while the investigation of child abuse and assessment of the risk continues. Parents are provided the opportunity at the shelter hearing to present evidence that their child can be returned home without danger of physical injury or emotio
