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. (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. (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. (3) Why those active efforts have not been successful.

Statutory/Other Authority

ORS 418.005 & ORS 409.050

Statutes/Other Implemented

ORS 418.005

History

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