(1) No refugee child shall remain out of the child’s home pursuant to ORS 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that:
(a) Preventative or remedial services provided by the Department of Human Services have failed to alleviate the need for removal; and
(b) Return to the home will likely result in psychological or physical damage to the child.
(2) The department must include in its petition in addition to the material required under ORS 418.930 and 419B.809 or ORS 419C.255, the following:
(a) Specific actions the department is taking or has taken to alleviate the need for removal.
(b) Assurance that the department has complied with the placement preferences of ORS 418.937.
(c) Assurance that the department is making or has made diligent efforts to locate and to give notice to all affected refugee family members and to the Refugee Child Welfare Advisory Committee of the pendency of the petition.