By John Gilman rev 11/04/98

419B.150 When protective custody authorized. (1) A child may be taken into protective custody by a peace officer, counselor, employee of the State Office for Services to Children and Families or any other person authorized by the juvenile court of the county in which the child is found, in the following circumstances:

(a) Where the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare; or …..

Why the law was violated: At first blush, this law indicates kids can be taken at any time, for really any reason. However, we believe the statute was violated because the officer’s words and deeds were inconsistent with a genuine concern for her welfare. Consider: according to a conversation between our attorney and the SCF intake caseworker, the officer asked the intake caseworker to have Alex taken into custody because "the wife" wouldn’t talk to him. The caseworker did not mention, nor did the police report mention, that the officer had any concerns about Alex’s welfare. He never asked Alex any questions about whether she felt afraid of her parents, or for her situation. He LEFT OUR HOUSE WITHOUT ALEX the first time, indicating he did not believe her to be in jeopardy. Rather, the officer left in a huff after having been twice denied entrance into our home; his parting words to Jane were, "If you don’t want to talk to me, you’ll find out (what happens next)" These are the words of a guy who’s ticked, not a guy who’s worried about a little girl.

419B.160 Place of detention; record; parental notice required. (1) No child shall be detained at any time in a police station, jail, prison or other place where adults are detained, except that a child may be detained in a police station for up to five hours when necessary to obtain the child's name, age, residence and other identifying information.

(2) All peace officers shall keep a record of children taken into protective custody and shall promptly notify the juvenile court or counselor of all children taken into protective custody.

(3) As soon as practicable after the child is taken into custody, the person taking the child into custody shall notify the child's parent, guardian or other person responsible for the child. The notice shall inform the parent, guardian or other person of the action taken and the time and place of the hearing. [1993 c.33 s.64; 1993 c.320 s.1; 1993 c.546 s.30]

Why the law was violated: Parental notice was never mailed. In fact, the system didn’t even know it had Alex until our attorney called them the next day. We found out about hearings because we kept calling, not because someone mailed or called.

419B.165 Release of child taken into custody. The person taking the child into custody shall release the child to the custody of the child's parent or other responsible person in this state, except in the following cases:

(1) Where the court has issued an order directing that the child be taken into protective custody.

(2) Where the person taking the child into custody has probable cause to believe that the welfare of the child or others may be immediately endangered by the release of the child. [1993 c.33 s.65; 1993 c.546 s.31]

Why the law was violated: I was never charged with any wrongdoing, I was never subject to police action, and as far as I know, the officer never mentioned me to SCF. When Jane was released from jail, she had a restraining order not to see any of her children. Thus, Alex should have been released to my custody immediately. SCF did not do so. Further, Alex was at the Davis’ home, and she and the officer both felt comfortable with her there (reread the police report). The caseworker still told him to return to the Davis home for Alex.

419B.168 Procedure when child is not released. (1) If a child taken into protective custody is not released as provided in ORS 419B.165 and the juvenile court for the county has not established the alternative procedure authorized in subsection (4) of this section, the person taking the child into custody shall, without unnecessary delay, do one of the following:

(a) Take the child before the court or a person appointed by the court to effect disposition under ORS 419B.165.

(b) Take the child to a place of detention or shelter care or a public or private agency designated by the court and as soon as possible thereafter notify the court that the child has been taken into custody.

(2) Where a child residing in some other county is taken into protective custody the child may be:

(a) Released to the child's parent or other responsible person in this state as provided in ORS 419B.165

Why the law was violated: Alex was taken into custody in Linn county, I reside in Benton county. Also, the officer did not notify, nor did SCF notify the court of Alex’s detention. Our attorney had to chase that down. Also, see previous statute.

419B.175 Initial disposition of child taken into custody. (1) This subsection establishes the authority and procedures that apply to a person designated by a court to effect disposition of a child taken into protective custody or brought before the court under ORS 419B.160, 419B.165, 419B.168 or 419B.171. The person shall, when the person has taken custody of a child or has authority to effect disposition of a child taken into custody:

(a) Release the child to the custody of a parent, guardian or other responsible person;

(b) Release the child on the child's own recognizance when appropriate;

(c) Subject to ORS 419B.121 or 419B.180, place the child in shelter care or detention. The child shall be placed in shelter care rather than detention, unless the person has probable cause to believe that the court will be able to detain the child under ORS 419B.121; or

(d) Pursuant to order of the court made after the filing of a petition, hold, retain or place the child in shelter care subject to further order.

Why the law was violated: Ditto the above for not giving Alex back to me, if Jane was the villain. Alex asked to return home, apparently several times. Her requests were ignored.