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

The juvenile court, on the court’s own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion under this section may be made orally on the record or in writing.

If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child’s parent or Indian custodian and dismiss the proceeding, unless the court determines by clear and convincing evidence that doing so would subject the child to substantial and immediate danger or a threat of substantial and immediate danger.