OAR 413-070-0350. Judicial Determination

As required by ORS 418.933(1), a refugee child may not remain out of the child's home for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that: (1) Preventive or remedial services provided by the Department have failed to alleviate the need for removal; and (2) Return to the home will likely result in psychological or physical harm to the child.