Or. Admin. R. 413-115-0080

Current through Register Vol. 63, No. 8, August 1, 2024
Section 413-115-0080 - Required Documentation Prior to a Non-Emergency Removal

Except during an emergency removal described in OAR 413-115-0070, prior to removal of the Indian child from a parent or Indian custodian and filing a petition, the Department must document:

(1) The causal relationship between the particular conduct of the parent or Indian custodian or the conditions in the home that is likely to result in serious emotional or physical damage to the Indian child.
(2) If it is likely that such harm will occur, that active efforts have been made by the Department to offer support and services to the parent or Indian custodian to address the safety threat and modify the behavior of the parent or Indian custodian.
(3) Why those active efforts have not been successful.

Or. Admin. R. 413-115-0080

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 14-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018; CWP 5-2018, temporary suspends temporary CWP 14-2017, filed 01/04/2018, effective 01/04/2018 through 05/05/2018; CWP 6-2018, minor correction filed 01/08/2018, effective 1/8/2018; CWP 16-2021, amend filed 06/29/2021, effective6/29/2021; CWP 32-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005