# ORS § 419b.340: 419B.340 Reasonable or active efforts determination > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.340 ## Section - **Citation:** ORS § 419b.340 - **Heading:** 419B.340 Reasonable or active efforts determination - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 34 / Chapter 419b / Section 419b.340 ## Text (1) If the court awards custody to the Department of Human Services, the court shall include in the disposition order a determination whether the department has made reasonable efforts or, if the ward is an Indian child, active efforts, as described in ORS 419B.645 (Active efforts) , to prevent or eliminate the need for removal of the ward from the home. If the ward has been removed prior to the entry of the order, the order shall also include a determination whether the department has made reasonable or active efforts to make it possible for the ward to safely return home. In making the determination under this subsection, the court shall consider the ward’s health and safety the paramount concerns. (2) In support of its determination whether reasonable or active efforts have been made by the department, the court shall enter a brief description of what preventive and reunification efforts were made and why further efforts could or could not have prevented or shortened the separation of the family. (3) When the first contact with the family has occurred during an emergency in which the ward could not remain without jeopardy at home even with reasonable services being provided, the department shall be considered to have made reasonable or active efforts to prevent or eliminate the need for removal. (4) When the court finds that preventive or reunification efforts have not been reasonable or active, but further preventive or reunification efforts could not permit the ward to remain without jeopardy at home, the court may authorize or continue the removal of the ward. (5) If a court determines that one of the following circumstances exist, the juvenile court may make a finding that the department is not required to make reasonable efforts to make it possible for the ward to safely return home: (a) Aggravated circumstances including, but not limited to, the following: (A) The parent by abuse or neglect has caused the death of any child; (B) The parent has attempted, solicited or conspired, as described in ORS 161.405 (“Attempt” described) , 161.435 (Solicitation) or 161.450 (“Criminal conspiracy” described) or under comparable laws of any jurisdiction, to cause the death of any child; (C) The parent by abuse or neglect has caused serious physical injury to any child; (D) The parent has subjected any child to rape, sodomy or sexual abuse; (E) The parent has subjected any child to intentional starvation or torture; (F) The parent has abandoned the ward as described in ORS 419B.100 (Jurisdiction) (1)(e); or (G) The parent has unlawfully caused the death of the other parent of the ward; (b) The parent has been convicted in any jurisdiction of one of the following crimes: (A) Murder of another child of the parent, which murder would have been an offense under 18 U.S.C. 1111(a); (B) Manslaughter in any degree of another child of the parent, which manslaughter would have been an offense under 18 U.S.C. 1112(a); (C) Aiding, abetting, attempting, conspiring or soliciting to commit an offense described in subparagraph (A) or (B) of this paragraph; or (D) Felony assault that results in serious physical injury to the ward or another child of the parent; or 18 U.S.C. 1111(a); (B) Manslaughter in any degree of another child of the parent, which manslaughter would have been an offense under 18 U.S.C. 1112(a); (C) Aiding, abetting, attempting, conspiring or soliciting to commit an offense described in subparagraph (A) or (B) of this paragraph; or (D) Felony assault that results in serious physical injury to the ward or another child of the parent; or (c) The parent’s rights to another child have been terminated involuntarily. (6) If, pursuant to a determination under subsection (5) of this section, the juvenile court makes a finding that the department is not required to make reasonable efforts to prevent or eliminate the need for removal of the ward from the home or to make it possible for the ward to safely return home, and the department determines that it will not make such efforts, the court shall conduct a permanency hearing as provided in ORS 419B.470 (Permanency hearing) no later than 30 days after the judicial finding under subsection (5) of this section. [1993 c.33 §109; 1993 c.546 §124; 1999 c.859 §11; 2001 c.686 §14; 2003 c.396 §58; 2020 s.s.1 c.14 §33] Source: Section 419B.340 — Reasonable or active efforts determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 419b.005 419B.005 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.005.md) - [ORS § 419b.007 419B.007 Policy](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.007.md) - [ORS § 419b.010 419B.010 Duty of officials to report child abuse](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.010.md) - [ORS § 419b.015 419B.015 Report form and content](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.015.md) - [ORS § 419b.016 419B.016 Offense of false report of child abuse](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.016.md) - [ORS § 419b.017 419B.017 Time limits for notification between law enforcement agencies and Department of Human Services](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.017.md) - [ORS § 419b.019 419B.019 Investigation of report involving school](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.019.md) - [ORS § 419b.020 419B.020 Duty of department or law enforcement agency receiving report](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.020.md) - [ORS § 419b.021 419B.021 Degree requirements for persons conducting investigation or making determination regarding child](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.021.md) - [ORS § 419b.023 419B.023 Duties of person conducting investigation under ORS 419B.020](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.023.md) - [ORS § 419b.025 419B.025 Immunity of person making report in good faith](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.025.md) - [ORS § 419b.026 419B.026 Required findings for investigation conducted under ORS 419B.020](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.026.md) - [ORS § 419b.027 419B.027 Notice of founded disposition](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.027.md) - [ORS § 419b.028 419B.028 Photographing child during investigation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.028.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C419b_S419b.340. 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