ORS 419B.165: Release of child taken into custody; rules.

(1) Subject to subsection (2) of this section, the person taking the child into protective 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:

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

      (b) Where the person taking the child into protective custody has probable cause to believe that the welfare of the child or others may be immediately endangered by the release of the child.

      (2)(a) Prior to releasing a child to the custody of the child’s noncustodial parent, a person who has taken a child into protective custody shall request the Department of Human Services to conduct a criminal records check on:

      (A) The noncustodial parent; and

      (B) All adults in the same home as the noncustodial parent.

      (b) The department shall conduct a criminal records check under ORS 181A.200 (3) based on a request received under paragraph (a) of this subsection.

      (c) The department shall adopt rules consistent with this subsection and the requirements of the Department of State Police for use of the Law Enforcement Data System.