2007 Oregon Code - Chapter 418 :: Chapter 418 - Child Welfare Services
Chapter 418 —
Child Welfare Services
2007 EDITION
CHILD WELFARE SERVICES
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
CHILD WELFARE SERVICES GENERALLY
418.001Â Â Â Â Definition
for ORS 418.005 to 418.030
418.005Â Â Â Â Powers
of department in connection with child welfare services; rules; advisory
committee
418.010Â Â Â Â Children
not to be taken charge of when parents object
418.015Â Â Â Â Custody
and care of needy children by department
418.016Â Â Â Â Criminal
records checks required for caregivers of children and for other persons in
household; rules
418.017Â Â Â Â Parent
allowed to anonymously leave child at authorized facility; facility immunity;
notification to department
418.018Â Â Â Â Department
required to inform public about ORS 418.017 and affirmative defense; funding
418.020Â Â Â Â Unexpended
balances of budgeted county funds may be expended as aid for children
418.025Â Â Â Â Prevention,
reduction or control of juvenile delinquency by county programs and activities
418.027Â Â Â Â Agreements
for custody, care or treatment; rules
418.030Â Â Â Â Services
to prevent, control and treat juvenile delinquency
418.032Â Â Â Â Department
subrogated to right of support for certain children in department custody;
child support agreements for children with disabilities
418.033Â Â Â Â Release
of records to citizen review board; when findings of board public; rules
418.034Â Â Â Â Department
responsible for costs of medical care of certain children in detention or
lockup facilities; recovery of costs; obtaining additional funds
418.036Â Â Â Â Child
welfare report
PREVENTION OF CHILD ABUSE AND NEGLECT
418.189Â Â Â Â Policy
on child abuse and neglect
CHILD-CARING AGENCIES; PLACEMENT IN FOSTER HOMES BY CHILD-CARING AGENCIES
418.205Â Â Â Â Definitions
for ORS 418.205 to 418.310 and 418.992 to 418.998
418.210Â Â Â Â Application
of ORS 418.205 to 418.325
418.215Â Â Â Â Private
child-caring agency to be licensed; fine assessment
418.240Â Â Â Â Licensing
criteria; duration; rules
418.243Â Â Â Â Outdoor
Youth Program Advisory Board; duties; membership; staff
418.244Â Â Â Â Officers
of Outdoor Youth Program Advisory Board; quorum; meetings
418.246Â Â Â Â Bond
for outdoor youth program licensure
418.250Â Â Â Â Supervision
of child-caring agencies
418.255Â Â Â Â Inspection
and supervision
418.260Â Â Â Â Investigation
of abuses, derelictions or deficiencies in child-caring agencies
418.265Â Â Â Â Reports;
audit
418.270Â Â Â Â Surrender
of child to private child-caring agency; consent to adoption; time for adoption
proceedings; effect of release and surrender
418.275Â Â Â Â Private
child-caring agency as guardian of child; power of agency
418.280Â Â Â Â Placement
of children
418.285Â Â Â Â Authority
of department same as private child-caring agency under ORS 418.270 to 418.280
418.290Â Â Â Â Child
placement by nonresident
418.295Â Â Â Â Certain
attorneys not to represent prospective adoptive parents; employees not to
recommend any attorney to prospective adoptive parents
418.300Â Â Â Â When
child placement by private persons prohibited
418.302Â Â Â Â Administrative
review required for certain children in voluntary placement
418.305Â Â Â Â Authority
of department to visit placed-out children; location and relationships
confidential
418.306Â Â Â Â Denial
of visitation by child-caring agency as disciplinary measure prohibited
418.307Â Â Â Â Medical
or dental treatment of children without consent; conditions; immunity of
treating personnel
418.310Â Â Â Â Application
of statutes to institutions caring for adults and children
418.312Â Â Â Â When
transfer of custody not required; voluntary placement agreement; review of
children placed in certain institutions
418.315Â Â Â Â Department
may provide foster care for children surrendered or committed to department
418.319Â Â Â Â Goal
regarding placed children receiving federal assistance
418.325Â Â Â Â Medical
examinations required; frequency; childÂ’s health record; other health care;
explanation to adoptive parents
418.327Â Â Â Â Licensing
of certain schools and organizations offering residential programs; rules
PAYMENTS TO ADOPTIVE PARENTS
418.330Â Â Â Â Payments
to adoptive parents; conditions; limitations
418.335Â Â Â Â Determination
of eligibility for payments; review; hearing
418.340Â Â Â Â Rules
SHELTER-CARE HOMES
418.470Â Â Â Â Authority
to pay for shelter-care homes
418.472Â Â Â Â Siting
of shelter-care home
INDEPENDENT RESIDENCE FACILITIES
418.475Â Â Â Â Independent
residence facilities; extent and nature of agreement between minor and
department
PURCHASE OF CARE
418.480    “Purchase
of care” defined
418.485Â Â Â Â Policy
418.490Â Â Â Â Coordination
of state activities
418.495Â Â Â Â Authority
to purchase care; relative foster care payments; agreement content; rules
418.500Â Â Â Â Out-of-state
care for children
USE OF PSYCHOTROPIC MEDICATIONS
418.517Â Â Â Â Procedures
for use of psychotropic medications for children in foster care; rules; hearing
FOSTER HOMES NOT SUPERVISED BY CHILD-CARING
AGENCIES
418.625Â Â Â Â Definitions
for ORS 418.625 to 418.645
418.627Â Â Â Â Placement
consistent with the Indian Child Welfare Act
418.630Â Â Â Â Foster
home must be certified as approved
418.635Â Â Â Â Certificate
of approval; revocation
418.640Â Â Â Â Supervision
of foster homes; foster parent training; rules; law enforcement officer
training
418.642Â Â Â Â Confidentiality
of information about person who maintains foster home; exceptions; rules
418.643Â Â Â Â Denial
of visitation by foster home as disciplinary measure prohibited
418.645Â Â Â Â Appeal
from decision of department
418.647Â Â Â Â Foster
care payments
418.648Â Â Â Â Rights
of foster parents
418.650Â Â Â Â Policy;
purpose
418.653Â Â Â Â Oregon
Youth Conservation Corps; advisory committee; appointment; term; duties
418.657Â Â Â Â Duties
of program director; participant eligibility; rules; staff
418.658Â Â Â Â Oregon
Community Stewardship Corps; projects; tuition vouchers for program
participants; sponsors; criteria; rules
418.660Â Â Â Â Projects;
consistency with public land law
418.663Â Â Â Â Employment
goals
A. R. BURBANK TRUST FUND
418.675Â Â Â Â Powers
and duties of trustees of A. R. Burbank Trust Fund
418.680Â Â Â Â Annual
report of trustees
418.685Â Â Â Â Certain
agencies declared to be orphansÂ’ homes
GENERAL POLICY
418.688Â Â Â Â Policy
YOUTH SPORTS ACTIVITIES
418.691Â Â Â Â Definitions
for ORS 418.691 to 418.701
418.696Â Â Â Â Youth
sports providers encouraged to perform certain activities related to
qualifications of coaches or supervisors
418.699Â Â Â Â Additional
duties or liabilities not imposed on youth sports providers
418.701Â Â Â Â Youth
sports providers authorized to request criminal background checks from
Department of State Police
MISCELLANEOUS PROVISIONS
418.702Â Â Â Â Training
and continuing education for mandatory reporters; notice to persons required to
report child abuse
418.704Â Â Â Â Youth
Suicide Prevention Coordinator; duties
418.706Â Â Â Â State
Technical Assistance Team for child fatalities; duties
DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
418.712Â Â Â Â Definitions
for ORS 418.714 and 418.718
418.714Â Â Â Â Domestic
violence fatality review teams
418.718Â Â Â Â Statewide
team
INVESTIGATION OF CHILD ABUSE, RAPE AND
SUICIDE
418.746Â Â Â Â Child
Abuse Multidisciplinary Intervention Account; uses; eligibility determination;
plans; rules
418.747Â Â Â Â County
teams for investigation; duties; training; method of investigation; designated
medical professional
418.748Â Â Â Â Statewide
team on child abuse and suicide
418.751Â Â Â Â Training
and education for persons investigating child abuse
418.780Â Â Â Â Purpose
418.782Â Â Â Â Definitions
for ORS 418.746 to 418.796
418.783Â Â Â Â Child
Abuse Multidisciplinary Intervention Program
418.784Â Â Â Â Advisory
Council on Child Abuse Assessment; membership; officers; meetings; quorum
418.785Â Â Â Â Child
Fatality Review Teams
418.786Â Â Â Â Grant
program
418.788Â Â Â Â Grant
application; criteria for awarding grants; rules
418.790Â Â Â Â Application
contents for regional centers
418.792Â Â Â Â Application
contents for community assessment center
418.793Â Â Â Â Report
to Child Abuse Multidisciplinary Intervention Program; rules
418.794Â Â Â Â Confidentiality
of video recordings
418.795Â Â Â Â Confidentiality
of information and records
418.796Â Â Â Â Authority
of council to solicit and accept contributions
418.800Â Â Â Â Review
of certain cases by county multidisciplinary child abuse team
REFUGEE CHILDREN
418.925    “Refugee
child” defined
418.927Â Â Â Â When
refugee child may be removed from home; placement
418.930Â Â Â Â Petition
to juvenile court required upon removal of refugee child
418.933Â Â Â Â Judicial
determination on removal required
418.935Â Â Â Â Petition
by relative of refugee child
418.937Â Â Â Â Placement
decision; order of preference for placement
418.939Â Â Â Â Record
for refugee child; content
418.941Â Â Â Â Refugee
Child Welfare Advisory Committee; duties; access to juvenile records
418.943Â Â Â Â Annual
report
418.945Â Â Â Â Rules
LOCAL RESIDENTIAL CHILD CARE FACILITIES
418.950Â Â Â Â Definitions
for ORS 418.950 to 418.970
418.955Â Â Â Â Policy
418.960Â Â Â Â City
and county siting of child-caring facilities; applications; denial procedure;
proof of facility qualifications
418.965Â Â Â Â Approval
or denial of applications
418.970Â Â Â Â ORS
418.950 to 418.970 inapplicable to existing facilities
PENALTIES
418.990Â Â Â Â Criminal
penalties
418.992Â Â Â Â Civil
penalty
418.993Â Â Â Â Procedure
418.994Â Â Â Â Schedule
of penalties; rules
418.995Â Â Â Â Factors
considered in imposing penalty
418.997Â Â Â Â Judicial
review
418.998Â Â Â Â Disposition
of penalties
CHILD WELFARE SERVICES GENERALLY
     418.001
Definition for ORS 418.005 to 418.030. As used in ORS 418.005 to 418.030, “child” or “juvenile” means an
individual under 21 years of age. [1973 c.827 §34]
     418.003 [1973 c.463 §§2,3; repealed by 2001 c.900 §261]
     418.005
Powers of department in connection with child welfare services; rules; advisory
committee. (1) In order to
establish, extend and strengthen welfare services for the protection and care
of homeless, dependent or neglected children or children in danger of becoming
delinquent, the Department of Human Services may:
     (a) Make all necessary rules and
regulations for administering child welfare services under this section.
     (b) Accept and disburse any and all
federal funds made available to the State of
     (c) Make such reports in such form and
containing such information as may from time to time be required by the federal
government and comply with such provisions as may from time to time be found
necessary to insure correctness and verification of such reports.
     (d) Cooperate with medical, health,
nursing and welfare groups and organizations and with any agencies in the state
providing for protection and care of homeless, dependent or neglected children
or children in danger of becoming delinquent.
     (e) Cooperate with the United States
Government or any of its agencies in administering the provisions of this section.
     (2)(a) There is created an advisory
committee that shall consist of 21 members to advise the department on the
development and administration of child welfare policies, programs and
practices. Members shall be appointed by and serve at the pleasure of the
Director of Human Services.
     (b) Advisory committee membership shall
include representatives of other state agencies concerned with services,
representatives of professional, civic or other public or private
organizations, private citizens interested in service programs, and recipients
of assistance or service or their representatives.
     (c) Members of the advisory committee
shall receive no compensation for their services. Members of the advisory
committee other than members employed in full-time public service shall be
reimbursed for their actual and necessary expenses incurred in the performance
of their duties by the department. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the advisory committee who are
employed in full-time public service may be reimbursed for their actual and
necessary expenses incurred in the performance of their duties by their
employing agency.
     (d) The advisory committee shall meet at
least once every three months.
     (3) Subject to the allotment system
provided for in ORS 291.234 to 291.260, the department may expend the amounts
necessary to carry out the purposes and administer the provisions of this
section. [Formerly 419.002; 1971 c.401 §12; 1975 c.352 §1; 1997 c.249 §130;
2001 c.900 §112; 2003 c.14 §210]
     418.010
Children not to be taken charge of when parents object. Nothing in ORS 418.005 shall be construed as
authorizing any state official, agent or representative, in carrying out any of
the provisions of that section, to take charge of any child over the objection
of either of the parents of such child or of the person standing in loco
parentis to such child. [Formerly 419.004]
     418.015
Custody and care of needy children by department. (1) The Department of Human Services may, in
its discretion, accept custody of children and may provide care, support and
protective services for children who are dependent or neglected, who have
mental or physical disabilities or who for other reasons are in need of public
service.
     (2) The department shall accept any child
placed in its custody by a court under, but not limited to ORS chapter 419B or
419C, and shall provide such services for the child as the department finds to
be necessary.
     (3) All children in the legal custody of
the department who, in the judgment of the Director of Human Services or the
authorized representative for the director are in need of care or treatment
services, may be placed with any person or family of good standing or any child
caring agency for such services under an agreement pursuant to ORS 418.027. [Formerly
419.006; 1971 c.401 §13; 1971 c.698 §1; 1977 c.117 §1; 1987 c.157 §1; 1993 c.33
§326; 2007 c.70 §196]
     418.016
Criminal records checks required for caregivers of children and for other
persons in household; rules.
(1) To protect the health and safety of children who are in the custody of the
Department of Human Services and who may be placed in a foster home or adoptive
home or with a relative caregiver, the department shall adopt rules pursuant to
ORS 181.534 and ORS chapter 418 to require that criminal records checks be
conducted under ORS 181.534 on:
     (a) All persons who seek to be foster
parents, adoptive parents or relative caregivers; and
     (b) Other individuals over 18 years of age
who will be in the household of the foster parent, adoptive parent or relative
caregiver.
     (2) Rules adopted under subsection (1) of
this section shall include:
     (a) A list of crimes for which a
conviction disqualifies a person from becoming a foster parent, adoptive parent
or relative caregiver;
     (b) A requirement that persons who have
been convicted of crimes listed in the rules are disqualified from becoming a
foster parent, adoptive parent or relative caregiver; and
     (c) A provision that the department may
approve a person who has been convicted of certain crimes listed in the rules
if the person demonstrates to the department that:
     (A) The person possesses the
qualifications to be a foster parent or adoptive parent regardless of having
been convicted of a listed crime; or
     (B) The disqualification would create
emotional harm to the child for whom the person is seeking to become a foster
parent, adoptive parent or relative caregiver and placement of the child with
the person would be a safe placement that is in the best interests of the
child.
     (3) In accordance with 42 U.S.C.
671(a)(20)(B), the Legislative Assembly elects to make the provisions related
to criminal records checks set forth in 42 U.S.C. 671(a)(20)(A) inapplicable to
this state. [2001 c.686 §26; 2005 c.730 §23]
     Note: The amendments to 418.016 by section 1,
chapter 611,
     418.016. (1) To protect the health and safety of
children who are in the custody of the Department of Human Services and who may
be placed in a foster home or adoptive home or with a relative caregiver, the
department shall adopt rules pursuant to ORS 181.534 and ORS chapter 418 to
require that criminal records checks be conducted under ORS 181.534 on:
     (a) All persons who seek to be foster
parents, adoptive parents or relative caregivers; and
     (b) Other individuals over 18 years of age
who will be in the household of the foster parent, adoptive parent or relative
caregiver.
     (2) Rules adopted under subsection (1) of
this section shall include:
     (a) A list of crimes for which a
conviction disqualifies a person from becoming a foster parent, adoptive parent
or relative caregiver;
     (b) A requirement that persons who have
been convicted of crimes listed in the rules are disqualified from becoming a
foster parent, adoptive parent or relative caregiver; and
     (c) A provision that the department may
approve a person who has been convicted of certain crimes listed in the rules
if the person demonstrates to the department that:
     (A) The person possesses the
qualifications to be a foster parent or adoptive parent regardless of having
been convicted of a listed crime; or
     (B) The disqualification would create
emotional harm to the child for whom the person is seeking to become a foster
parent, adoptive parent or relative caregiver and placement of the child with
the person would be a safe placement that is in the best interests of the
child.
     Note: 418.016 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.017
Parent allowed to anonymously leave child at authorized facility; facility
immunity; notification to department. (1) A parent may leave an infant at an authorized facility in the
physical custody of an agent, employee, physician or other medical professional
working at the authorized facility if the infant:
     (a) Is 30 days of age or younger as
determined to a reasonable degree of medical certainty; and
     (b) Has no evidence of abuse.
     (2) A parent leaving an infant under this
section is not required to provide any identifying information about the infant
or the parent.
     (3) An agent, employee, physician or other
medical professional working at an authorized facility shall receive an infant
brought to the authorized facility under this section.
     (4) If acting in good faith in receiving
an infant, an authorized facility receiving an infant under this section and
any agent, employee, physician or other medical professional working at the
authorized facility are immune from any criminal or civil liability that
otherwise might result from their actions relating to receiving the infant. A
city, county or other political subdivision of this state that operates a
sheriffÂ’s office, police station or fire station that receives an infant under
this section is immune from any criminal or civil liability that otherwise
might result from the actions taken by its employees or agents in receiving the
infant.
     (5) When an infant has been left at an
authorized facility as provided in this section:
     (a) The authorized facility shall notify
the Department of Human Services that an infant has been left at the facility
as provided in subsection (1) of this section no later than 24 hours after
receiving the infant.
     (b) The infant is deemed abandoned for
purposes of ORS 419B.100, and the department is deemed to have protective
custody of the infant under ORS 419B.150 from the moment the infant was left at
the facility. The department shall comply with the applicable provisions of ORS
chapter 419B with regard to the infant.
     (6) The authorized facility shall release
the infant to the department when release is appropriate considering the infantÂ’s
medical condition and shall provide the department with all information the
facility has regarding the infant.
     (7) As used in this section:
     (a) “Abuse” has the meaning given that
term in ORS 419B.005.
     (b) “Authorized facility” means a hospital
as described in ORS 442.015, freestanding birthing center as defined in ORS
442.015, physicianÂ’s office, sheriffÂ’s office, police station or fire station.
     (c) “Physician” means a person licensed by
the Oregon Medical Board to practice medicine and surgery. [2001 c.597 §1; 2005
c.22 §288]
     Note: 418.017 and 418.018 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
418 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.018
Department required to inform public about ORS 418.017 and affirmative defense;
funding. (1) The Department
of Human Services shall inform the public about the provisions of ORS 418.017
and the affirmative defense created in ORS 163.535.
     (2) Notwithstanding any other provision of
law, the Department of Human Services may accept gifts, grants or contributions
from any source, whether public or private, for the purpose of carrying out
subsection (1) of this section. Moneys accepted under this subsection shall be
deposited in the State Treasury to the credit of the department and are
continuously appropriated to the department for the payment of expenses and
costs incurred in carrying out subsection (1) of this section. [2001 c.597 §3]
     Note: See note under 418.017.
     418.020
Unexpended balances of budgeted county funds may be expended as aid for
children. The governing body
of any county may expend as aid for homeless, neglected or abused children,
foundlings or orphans, wayward children or children in need of correctional or
institutional care or committed to a youth care center, as defined in ORS
420.855, the whole or any part of any unexpended balance of any fund budgeted
by the county for any purpose whatsoever. [Formerly 419.008; 1965 c.567 §§10,11;
1967 c.444 §8]
     418.025
Prevention, reduction or control of juvenile delinquency by county programs and
activities. (1) The
governing body of any county, or its representatives designated by it for the
purpose, on behalf of the county, may:
     (a) Conduct programs and carry on and
coordinate activities for the prevention, reduction or control of juvenile
delinquency, including but not limited to the establishment and operation of
youth care centers, as defined in ORS 420.855, to care for children committed
to the custody of the centers under ORS 420.865.
     (b) Cooperate, coordinate or act jointly
with any other county, any city or any appropriate officer or public or private
agency in conducting programs and carrying on and coordinating activities for
the prevention, reduction or control of juvenile delinquency, including but not
limited to the establishment, support and maintenance of joint agencies,
institutions or youth care centers to conduct such programs and carry on and
coordinate such activities.
     (c) Expend county moneys for the purposes
referred to in paragraph (a) or (b) of this subsection.
     (d) Accept and use or expend property or
moneys from any public or private source made available for the purposes
referred to in paragraph (a) or (b) of this subsection.
     (2) All officers and agencies of a county,
upon request, shall cooperate in so far as possible with the governing body of
the county, or its designated representatives, in conducting programs and
carrying on and coordinating activities under subsection (1) of this section. [Formerly
419.010; 1965 c.567 §§12,13; 1967 c.444 §9]
     418.027
Agreements for custody, care or treatment; rules. (1) The Director of Human Services or the
authorized representative of the director may enter into agreements with
persons, families or child caring agencies found suitable for the placement of
children in the legal custody of the Department of Human Services. If, in the
judgment of the director or the authorized representative of the director, a
child needs placement services after reaching 18 years of age, such services
must be approved by the director or authorized representative.
     (2) The agreement shall provide for such
services as the child might require, such as the custody, care or treatment of
the child for a time fixed in the agreement but not to exceed the time when the
child reaches 21 years of age.
     (3) The agreement shall be signed by the
person or authorized representative of the agency providing the care or
treatment and by the director or the authorized representative of the director.
     (4) If the agreement provides for payments
to the agency providing such services as the child may require, the department
shall make these payments.
     (5) The department shall adopt rules
specifying criteria upon which the director shall base the judgment that a
child needs placement services after reaching 18 years of age. [1987 c.157 §3]
     418.030
Services to prevent, control and treat juvenile delinquency. The Department of Human Services may provide
consultation services related to the prevention, control and treatment of
juvenile delinquency to local and statewide public and private agencies, groups
and individuals or may initiate such consultation services. Consultation
services include but are not limited to conducting studies and surveys,
sponsoring or participating in education programs, and advising and assisting
agencies, groups and individuals. [1971 c.401 §90; 1975 c.795 §1; 1995 c.79 §212]
     418.032
Department subrogated to right of support for certain children in department
custody; child support agreements for children with disabilities. (1) Whenever the Department of Human Services
has accepted custody of a child under the provisions of ORS 418.015 and is
required to provide financial assistance for the care and support of the child,
the state shall, by operation of law, be assignee of and subrogated to any
right to support from any other person including any sums that may have
accrued, up to the amount of assistance provided by the department. If the
right to support is contained in a judgment or order that requires a single
gross monthly payment for the support of two or more children, the assignment
and right of subrogation shall be of such childÂ’s proportionate share of the
gross amount. The assignment shall be as provided in ORS 412.024.
     (2) The department shall attempt to enter
into agreements with any person who voluntarily gives custody of a child with a
mental or physical disability to the department. Any agreement entered into
shall set out the timely and nonadversarial settlement of child support
obligations that the person may have with respect to the child. [1979 c.343 §4;
1995 c.502 §1; 1999 c.80 §75; 2003 c.73 §65; 2003 c.576 §445; 2007 c.70 §197]
     418.033
Release of records to citizen review board; when findings of board public;
rules. The Department of
Human Services may release pertinent portions of client or provider records to
citizen review boards established by the department to hear client or provider
grievances pursuant to rules of the department. The citizen review boards may
make such information available to participants in the review of client or provider
grievances. The findings of the citizen review board in client or provider
grievances may be disclosed to the public, at the discretion of the department,
if the aggrieved client or provider has disclosed information concerning the
grievance to the public either directly or through another person or persons
acting on behalf of the aggrieved client or provider. [1985 c.601 §3]
     418.034
Department responsible for costs of medical care of certain children in
detention or lockup facilities; recovery of costs; obtaining additional funds. (1) Notwithstanding ORS 169.140 or any other
provision of law, within the availability of funds therefor, the Department of
Human Services shall be responsible for the costs and expenses associated with
the provision of medical care for any child in the care and custody of the
Department of Human Services who is held in a juvenile detention facility or in
a local correctional facility or lockup as defined in ORS 169.005.
     (2) Nothing in subsection (1) of this
section prevents the Department of Human Services from obtaining reimbursement
for such costs and expenses as provided in ORS 419B.400, 419B.402, 419B.404,
419B.406, 419C.590, 419C.592, 419C.595 or 419C.597.
     (3) If funds are not available to pay for
medical costs as required by subsection (1) of this section, the Department of
Human Services shall apply to the Emergency Board or to the Legislative
Assembly for additional necessary funds.
     (4) As used in this section, “medical care”
means emergency medical care or medical care for a medical condition that
existed prior to the childÂ’s being held in a juvenile detention facility or in
a local correctional facility or lockup. [1979 c.97 §1; 1993 c.33 §327]
     418.035 [Formerly 419.052 and then 418.055; 1967
c.155 §1; 1969 c.69 §7; 1981 c.819 §1; 1983 c.414 §2; 1995 c.343 §45; 1999 c.59
§111; 2003 c.14 §211; 2007 c.861 §1; renumbered 412.001 in 2007]
     418.036
Child welfare report. On or
before November 1 of each even-numbered year, the Department of Human Services
shall develop and submit a report to the appropriate legislative interim
committees dealing with child welfare matters. The report shall cover the prior
24-month period and shall include, but need not be limited to:
     (1) The number of children in foster care;
     (2) The number of children that have had
more than one foster care placement;
     (3) The number of placements for each
child described in subsection (2) of this section;
     (4) The percentage of foster children
placed apart from siblings;
     (5) The number of placement changes
experienced by foster children;
     (6) The number and percentage of children
placed with relatives; and
     (7) The department’s Status of Children in
     Note: 418.036 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.040 [Formerly 419.054 and then 418.060; 1969
c.468 §5; 1995 c.816 §1; 1997 c.581 §27; 2005 c.22 §289; 2007 c.861 §2;
renumbered 412.006 in 2007]
     418.042 [1975 c.458 §12; 1983 c.767 §4; 1995 c.816 §9;
1999 c.80 §74; 2003 c.14 §212; 2003 c.73 §66; 2007 c.861 §12; renumbered
412.024 in 2007]
     418.045 [Formerly 419.056 and then 418.065; 1965
c.41 §1; 1995 c.816 §2; 1997 c.581 §28; 2007 c.861 §3; renumbered 412.009 in
2007]
     418.047 [1995 c.816 §7; 1997 c.581 §29; renumbered
412.151 in 2007]
     418.050 [1963 c.610 §5; 1975 c.243 §1; 1997 c.581 §30;
2001 c.900 §113; renumbered 412.026 in 2007]
     418.054 [1963 c.610 §6; 1973 c.823 §132; renumbered
412.028 in 2007]
     418.055 [Formerly 419.052; 1963 c.610 §1; renumbered
418.035]
     418.059 [1963 c.610 §7; 1973 c.823 §133; renumbered
412.029 in 2007]
     418.060 [Formerly 419.054; renumbered 418.040]
     418.065 [Formerly 419.056; 1963 c.610 §2; renumbered
418.045]
     418.070 [1961 c.712 §2; 1963 c.610 §3; 1967 c.155 §2;
1969 c.65 §1; 1973 c.464 §2; 1983 c.414 §3; 1985 c.622 §2; 1997 c.581 §31; 1999
c.59 §112; 2001 c.900 §114; 2003 c.14 §213; 2007 c.806 §14; 2007 c.861 §4;
renumbered 418.647 in 2007]
     418.075 [1961 c.712 §3; 1971 c.779 §54; 2003 c.14 §214;
2005 c.218 §7; 2007 c.861 §14; renumbered 412.034 in 2007]
     418.080 [1961 c.712 §5; repealed by 1965 c.538 §1]
     418.085 [1961 c.712 §4; 2003 c.14 §215; 2007 c.861 §15;
renumbered 412.039 in 2007]
     418.090 [1961 c.712 §6; repealed by 1971 c.779 §78]
     418.095 [1961 c.712 §7; 1965 c.291 §3; 1967 c.130 §6;
repealed by 2007 c.861 §23]
     418.097 [1963 c.610 §8; 1967 c.130 §7; renumbered
412.044 in 2007]
     418.100 [Formerly 419.058; 1971 c.779 §56; 1975
c.242 §1; 1997 c.581 §32; renumbered 412.049 in 2007]
     418.105 [Formerly 419.060; repealed by 1971 c.779 §78]
     418.110 [Formerly 419.062; 1969 c.68 §9; 1971 c.779 §57;
renumbered 412.054 in 2007]
     418.115 [Formerly 419.064; 1969 c.68 §10; 1971 c.779
§58; renumbered 412.059 in 2007]
     418.120 [Formerly 419.066; 1969 c.68 §11; 1971 c.779
§59; renumbered 412.064 in 2007]
     418.125 [Formerly 419.068; 1971 c.779 §60; 1973
c.612 §16; renumbered 412.069 in 2007]
     418.130 [Formerly 419.070; 1975 c.387 §1; 1995 c.609
§9; 1997 c.581 §33; 2001 c.900 §115; 2003 c.14 §216; renumbered 412.074 in
2007]
     418.131 [1995 c.816 §4; 2003 c.212 §3; 2007 c.861 §5;
renumbered 412.079 in 2007]
     418.132 [1995 c.816 §5; 1997 c.581 §34; 2007 c.861 §16;
renumbered 412.084 in 2007]
     418.133 [1995 c.816 §11; repealed by 1997 c.581 §48]
     418.134 [1995 c.816 §6; 1997 c.581 §35; 2007 c.861 §5a;
renumbered 412.089 in 2007]
     418.135 [Formerly 419.072; 1971 c.779 §61; 1979
c.690 §14; 2007 c.356 §5; renumbered 412.094 in 2007]
     418.140 [1961 c.341 §2; 1963 c.332 §1; 1969 c.246 §1;
renumbered 412.099 in 2007]
     418.145 [1963 c.332 §3; 1967 c.446 §1; 1971 c.779 §62;
1997 c.581 §36; renumbered 412.104 in 2007]
     418.147 [1987 c.3 §10; 1997 c.581 §37; renumbered
412.109 in 2007]
     418.149 [1987 c.3 §§11,12; 2007 c.861 §5c;
renumbered 412.114 in 2007]
     418.150 [1969 c.281 §2; 1997 c.581 §38; 2005 c.22 §290;
renumbered 412.076 in 2007]
     418.155 [1969 c.281 §3; 1973 c.222 §1; 1995 c.816 §12;
1997 c.581 §39; 2003 c.14 §217; 2007 c.861 §6; renumbered 412.124 in 2007]
     418.160 [1969 c.281 §4; 1973 c.222 §2; 1979 c.452 §1;
1995 c.816 §13; 2007 c.861 §19; renumbered 412.139 in 2007]
     418.163 [1973 c.222 §4; 1979 c.452 §2; 2001 c.900 §116;
2007 c.861 §20; renumbered 412.144 in 2007]
     418.165 [1969 c.281 §5; repealed by 1973 c.222 §5]
     418.170 [1969 c.281 §6; repealed by 1973 c.222 §5]
     418.172 [1975 c.734 §3; 1977 c.841 §12; 1997 c.170 §30;
renumbered 412.155 in 2007]
     418.175 [1969 c.281 §§7,8; repealed by 1973 c.222 §5]
     418.180 [1983 c.414 §1; 1985 c.622 §1; 1997 c.581 §40;
renumbered 412.161 in 2007]
     418.185 [1983 c.414 §4; 1995 c.816 §10; 1997 c.581 §41;
repealed by 2007 c.861 §23]
PREVENTION OF
CHILD ABUSE AND NEGLECT
     418.187 [1985 c.549 §1; repealed by 1999 c.1084 §56]
     418.189
Policy on child abuse and neglect. The Legislative Assembly recognizes that children are societyÂ’s most
valuable resource and that child abuse and neglect is a threat to the physical,
mental and emotional health of children. The Legislative Assembly further
recognizes that assisting community-based private nonprofit and public
organizations, agencies or school districts in identifying and establishing
needed primary prevention programs will reduce the incidence of child abuse and
neglect, and the necessity for costly subsequent intervention in family life by
the state. Child abuse and neglect prevention programs can be most effectively
and economically administered through the use of trained volunteers and the
cooperative efforts of the communities, citizens and the state. [1985 c.549 §2]
     418.191 [1985 c.549 §§3,7; 1993 c.678 §1; 1995 c.440
§43; 1999 c.1053 §28; 1999 c.1084 §42; repealed by 1999 c.1084 §56]
     418.193 [1985 c.549 §4; 1993 c.678 §2; 1995 c.440 §44;
1999 c.1053 §29; 1999 c.1084 §43; repealed by 1999 c.1084 §56]
     418.195 [1985 c.549 §5; 1999 c.1084 §44; repealed by
1999 c.1084 §56]
     418.197 [1985 c.549 §6; 1999 c.1084 §45; repealed by
1999 c.1084 §56]
     418.198 [1995 c.440 §46; repealed by 1999 c.1084 §37]
     418.199 [1985 c.549 §8; 1987 c.771 §3; 1989 c.966 §48;
1993 c.678 §3; 1995 c.440 §48; repealed by 1999 c.1084 §37]
CHILD-CARING
AGENCIES; PLACEMENT IN FOSTER HOMES BY CHILD-CARING AGENCIES
     418.205
Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998. As used in ORS 418.205 to 418.310 and
418.992 to 418.998, unless the context requires otherwise:
     (1) “Child” means an unmarried person
under 18 years of age.
     (2)(a) “Child-caring agency” means any
private agency or private organization providing:
     (A) Day treatment for children with
emotional disturbances;
     (B) Adoption placement services;
     (C) Residential care, including but not
limited to foster care or residential treatment for children;
     (D) Outdoor youth programs; or
     (E) Other similar services for children.
     (b) “Child-caring agency” does not include
residential facilities or foster care homes certified or licensed by the
Department of Human Services under ORS 443.400 to 443.455, 443.830 and 443.835
for children receiving developmental disability services.
     (3)(a) “Outdoor youth program” means a
program that provides, in an outdoor living setting, services to children who
have behavioral problems, mental health problems or problems with abuse of
alcohol or drugs.
     (b) “Outdoor youth program” does not
include any program, facility or activity:
     (A) Operated by a governmental entity;
     (B) Operated or affiliated with the Oregon
Youth Conservation Corps; or
     (C) Licensed by the Department of Human
Services under other authority of the department.
     (4) “Private” means not owned, operated or
administered by any governmental agency or unit. [Formerly 419.101; 1975 c.310 §1;
1983 c.510 §1; 1999 c.316 §3; 2001 c.809 §1; 2001 c.900 §117; 2007 c.70 §198]
     418.210
Application of ORS 418.205 to 418.325. ORS 418.205 to 418.325 shall not apply to:
     (1) Homes established and maintained by
fraternal organizations wherein only members, their wives, widows and children
are admitted as residents;
     (2) Any family foster home that is subject
to ORS 418.625 to 418.645; or
     (3) Any child care facility that is
subject to ORS 657A.030 and 657A.250 to 657A.450. [Formerly 419.105; 1975 c.310
§2; 1983 c.510 §2; 1995 c.278 §49]
     418.215
Private child-caring agency to be licensed; fine assessment. (1) No private child-caring agency shall
provide or engage in any care or service described in ORS 418.205 unless the
agency is at the time:
     (a) Duly incorporated under the
corporation laws of any state; and
     (b) Licensed to provide or engage in the
care or service by the Department of Human Services under the provisions of ORS
418.205 to 418.325.
     (2) The fine which may be imposed for
violation of the provisions of this section, as provided in ORS 412.991 and
418.990, may be assessed by any court of competent jurisdiction upon
presentation of evidence of such action. [Formerly 419.106; 1975 c.310 §3; 1977
c.717 §16; 1983 c.510 §3; 1987 c.94 §131]
     418.220 [Formerly 419.108; 1971 c.401 §14; 1975
c.310 §4; 1983 c.510 §4; repealed by 1987 c.94 §171]
     418.225 [Formerly 419.110; 1971 c.401 §15; 1975
c.310 §5; 1975 c.795 §2; 1983 c.510 §5; repealed by 1987 c.94 §171]
     418.230 [Formerly 419.112; repealed by 1983 c.510 §21]
     418.235 [Formerly 419.114; 1971 c.401 §16; 1973
c.367 §17; 1983 c.510 §6; repealed by 1987 c.94 §171]
     418.240
Licensing criteria; duration; rules. (1) All private child-caring agencies subject to ORS 418.205 to
418.325 shall obtain from the Department of Human Services a license
authorizing their work. The department shall use the criteria designated in
this subsection, and such rules pursuant thereto as the department may develop
subject to ORS chapter 183, as the basis of judgment in granting, withholding,
suspending or revoking such licenses. The criteria are as follows:
     (a) The fitness of the applicant.
     (b) The employment of capable, trained or
experienced staff who are not applicants for the approval.
     (c) Sufficient financial backing to insure
effective work.
     (d) The probability of permanence in the
proposed organization.
     (e) The care and services provided to the
children served will be in their best interests and that of society.
     (f) That the agency is in compliance with
the standards of care and treatment established in rules by the department.
     (2) In addition to the licensing
requirements of subsection (1) of this section, a private child-caring agency
shall submit written proof of compliance with ORS 336.575 to the department.
     (3) The department shall charge no fee for
its own inspections leading to its decisions regarding such licensing, nor for
issuance of such licenses, but may impose fees to cover costs of related
inspections done for the department by other governmental agencies.
     (4) A license issued by the department
under this section shall be valid for a period of two years, unless suspended
or revoked sooner by the department. However, the department at any time may
require amendments to an existing license to accommodate changes in the factors
upon which an existing license was based. [Formerly 419.116; 1971 c.401 §17;
1983 c.510 §7; 1985 c.264 §2; 1987 c.94 §132]
     418.243
Outdoor Youth Program Advisory Board; duties; membership; staff. (1) There is established the Outdoor Youth
Program Advisory Board for the purpose of providing advice to the Department of
Human Services on licensing outdoor youth programs as child-caring agencies.
The department shall consult with the board on the licensure of outdoor youth
programs as child-caring agencies prior to the adoption of rules and on a
regular basis.
     (2) The board shall provide advice to the
department in the following areas:
     (a) Policies adopted by the department
regarding outdoor youth programs;
     (b) Requirements for treatment programs
provided by outdoor youth programs;
     (c) Requirements for behavior management by
outdoor youth programs;
     (d) Requirements for health and safety;
and
     (e) Any other requirements the department
imposes on outdoor youth programs.
     (3) The board shall be appointed by the
Governor and consist of:
     (a) Three members who are providers of outdoor
youth programs or employed by outdoor youth programs;
     (b) Two members of the general public; and
     (c) One member from an agency that
regulates public lands.
     (4) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor. A
member is eligible for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately effective for the
unexpired term.
     (5) The appointment of a member of the
board is subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
     (6) A member of the board is entitled to
expenses as provided in ORS 292.495 (2).
     (7) The department shall provide the board
with the necessary clerical and support staff to assist the board in carrying
out the responsibilities of the board. [2001 c.809 §3]
     Note: 418.243 to 418.246 were added to and made a
part of 418.205 to 418.310 by legislative action but were not added to any
other series. See Preface to Oregon Revised Statutes for further explanation.
     418.244
Officers of Outdoor Youth Program Advisory Board; quorum; meetings. (1) The Outdoor Youth Program Advisory Board
shall select one of its members as chairperson and another as vice chairperson,
for such terms and with duties and powers necessary for the performance of the
functions of such offices as the board determines.
     (2) A majority of the members of the board
constitutes a quorum for the transaction of business.
     (3) The board shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the board. [2001 c.809 §5]
     Note: See note under 418.243.
     418.245 [Formerly 419.118; repealed by 1975 c.310 §9]
     418.246
Bond for outdoor youth program licensure. (1) In addition to any requirements for licensure established by the
Department of Human Services, each outdoor youth program that is applying for
licensure as a child-caring agency shall file with the department a bond in the
amount of $50,000 or 50 percent of the programÂ’s yearly budget, whichever
amount is less. The bond shall be issued by a surety company or an insured
institution, as defined in ORS 706.008, authorized to do business in this
state.
     (2) The bond required under subsection (1)
of this section shall be continuous until canceled and shall remain in full
force and unimpaired at all times to comply with this section. The surety or
insured institution shall give the department at least 30 daysÂ’ written notice
before it cancels or terminates its liability under the bond.
     (3) An action on the bond may be brought
by any person aggrieved by the misconduct of an outdoor youth program required
to be licensed under ORS 418.205 to 418.310. [2001 c.809 §6]
     Note: See note under 418.243.
     418.250
Supervision of child-caring agencies. (1) In order to enable it to supervise all child-caring agencies and
institutions in this state, public and private, and also all homeless or
neglected children in this state, whether kept in such agencies or institutions
or not, the Department of Human Services may require such agencies or
institutions, and also any court functioning as a juvenile court, to furnish at
any time, on blanks prepared or recommended by the department, such information
as the department in its judgment may require in regard to each child in any
such agency or institution or any record of each child that has been placed out
under order of any such court. The agency, institution or court shall furnish
such information to the department upon request. All such information so
requested and received by the department shall be considered and treated at all
times as confidential and not as a public record.
     (2) No employee of the department shall
disclose any such information contrary to the provisions of subsection (1) of
this section. [Formerly 419.120; 1971 c.401 §18]
     418.255
Inspection and supervision.
(1) The Department of Human Services shall inspect and supervise all private
child-caring agencies, whether incorporated or not, within this state, and may
inspect and supervise public child-caring agencies within the state. The
department is hereby given right of entrance, privilege of inspection, and
access to all accounts and records of work and children, for the purpose of
ascertaining the kind and quality of work done and to obtain a proper basis for
its decisions and recommendations.
     (2) Inspection and visitation of
child-caring agencies by the department shall be made at unexpected times, with
irregular intervals between visits, and without previous notice to the agency
visited. In addition to such official inspection, many other informal visits
shall be made. The department and its agents shall advise agency and
institution officers and workers in regard to approved methods of child care,
best types of housing and equipment and adequate records of agency or
institutional work. The principal purpose of such advice shall be to offer
friendly counsel and assistance on child welfare problems and advice on
progressive methods and improvement of the service. [Formerly 419.122; 1971
c.401 §19; 1983 c.510 §8]
     418.260
Investigation of abuses, derelictions or deficiencies in child-caring agencies. If any abuses, derelictions or deficiencies
are made known to the Department of Human Services or its agents during their
inspection of any child-caring agency or institution, or at any time are
reported to the department, the department shall at once carefully investigate
the reports or rumors and take such action as the matters require. If any
abuses, derelictions or deficiencies are found in any state child-caring
institution or agency, they shall be reported at once in writing to the
responsible state agency. If any such abuses, derelictions or deficiencies are
found in any other public institution, they shall be reported in like manner to
the proper authority or governing board. In either case, if such abuses,
derelictions or deficiencies are not corrected in a reasonable time, the same
shall be reported in writing to the legislature or the appropriate interim
committee if the legislature is not in session. If any such abuses,
derelictions or deficiencies are found in any private child-caring agency, they
shall be brought at once to the attention of its trustees or managers. If they
are not corrected in a reasonable time, the department shall suspend or revoke
its approval of such agency. However, if the abuses, derelictions or
deficiencies found in a private child-caring agency are determined by the
department to be or threaten a serious danger to any child or to the public,
the department may immediately suspend or revoke the agencyÂ’s license, subject
to the provisions of ORS 183.430. [Formerly 419.124; 1971 c.401 §20; 1975 c.310
§6; 1983 c.510 §9]
     418.265
Reports; audit. (1) At the
request of the Department of Human Services, each public or private
child-caring agency or institution within this state shall make a report of its
work to the department in such form and detail as the department prescribes.
     (2) The reports may include detailed
statistics of all children served, financial statements of the expense of their
care, the number and kind of workers employed, the value and conditions of the
plant owned or used, the amount of the endowment or invested funds and any
other essential matters that may be indicated by the requirements of the
department.
     (3) The department shall prepare and
supply to the various child-caring agencies and institutions the necessary
printed blanks to record the desired information. Within any year, the
department may require such further detailed information and audit of the
financial affairs of such agency or institution as it deems to be in the public
interest and may make such inspection of the books and records of such agency
or institution as it deems necessary. Such audit and inspection of books and
records of such agencies and institutions shall be at the expense of the
department.
     (4) All such agencies or institutions
shall conform their records to the statutory fiscal year of the state.
     (5) All reports required of agencies and
institutions shall be filed with the department not later than 60 days from the
date of request. [Formerly 419.126; 1971 c.401 §21; 1983 c.478 §1]
     418.270
Surrender of child to private child-caring agency; consent to adoption; time
for adoption proceedings; effect of release and surrender. (1) If licensed for such purposes by the
Department of Human Services, a private child-caring agency may receive
children from their parents or legal guardians for special, temporary or
continued care. The parents or guardians may sign releases or surrenders giving
to such agencies guardianship and control of the persons of such children
during the period of such care, which may be extended until the children arrive
at legal age. Such releases do not surrender the rights of such parents or
guardians in respect to the adoption of such children and do not entitle such
organization to give consent to the adoption of the children unless the release
or surrender expressly recites that it is given for the purpose of adoption.
Private child-caring agencies are authorized to place children for adoption or
foster care only if authorized by the department in the license issued by the
department.
     (2) Any entire severance of family ties of
such children by adoption or otherwise shall be accomplished only by the order
of a court of competent jurisdiction.
     (3) In the absence of the certificate
provided for in subsection (4) of this section, it is unlawful to present a
child surrendered to an agency by a parent, parents or guardian for a court to
pass upon the adoption of the child until at least six months have elapsed
after signing the surrender.
     (4) Parents or legal guardians of children
whom they have by release or surrender agreement given into the guardianship of
incorporated child-caring agencies for the purpose of adoption may,
concurrently or subsequently and without any adoption proceeding having been
initiated, agree that the release or surrender shall become irrevocable as soon
as the child is placed by the agency in the physical custody of a person or
persons for the purpose of adoption by them, and waive their right to personal
appearance in court in matters of adoption of such children, by a duly signed and
attested certificate. From and after such physical placement for adoption such
certificate of irrevocability and waiver and the release or surrender may not
be revoked by the parent or guardian unless fraud or duress is affirmatively
proved.
     (5) No agreement to release or surrender a
child for adoption, or other agreement or waiver of rights having the same
effect, executed before March 24, 1971, in connection with the surrender of a
child into the guardianship of a child-caring agency for purposes of adoption,
may be revoked or held invalid for any reason except upon affirmative proof of
fraud or duress. [Formerly 419.128; 1971 c.26 §1; 1975 c.310 §7; 1983 c.510 §10]
     418.275
Private child-caring agency as guardian of child; power of agency. (1) A private child-caring agency shall be
the guardian of each child released or surrendered to it under the conditions
provided in ORS 418.270 and of each child committed to it through a permanent
order of a court of competent jurisdiction.
     (2) The agency may retain children
released, surrendered or committed to it in institutional care, or may place
them in private family homes temporarily or as members of families. If the
agency deems the action proper and desirable, it may consent in loco parentis
to the legal adoptions of the children, subject to the conditions provided in
ORS 418.270. [Formerly 419.130; 1967 c.375 §1; 1973 c.823 §134; 1983 c.510 §11]
     418.280
Placement of children.
Private child-caring agencies, in placing children in private families, shall:
     (1) Safeguard the welfare of the children
by the thorough investigation of each applicant and home and its environment;
     (2) Carefully select the child to suit the
new relationship and location;
     (3) Personally and adequately supervise
each home and child until the latter returns to the direct care of the agency
or, if permanently placed, receives legal adoption or attains legal age; and
     (4) So far as practicable, place such
children in families of the same religious faith as that held by the children
or their parents. [Formerly 419.132; 1983 c.510 §12; 2003 c.14 §218]
     418.285
Authority of department same as private child-caring agency under ORS 418.270
to 418.280. In addition to
its other powers and responsibilities, the Department of Human Services has the
same authority as a private child-caring agency under ORS 418.270 to 418.280.
In exercising this authority, the department shall comply with the provisions
of ORS 418.270 to 418.280 the same as a private child-caring agency. [Formerly
419.133; 1971 c.401 §22; 2003 c.14 §219]
     418.290
Child placement by nonresident.
No person, agent, agency or institution of another state shall place a child in
a family home in this state without first having furnished the Department of
Human Services such guarantee as the department may require against the child
becoming a public charge within five years from the date of such placement. [Formerly
419.134; 1971 c.401 §23; 1975 c.310 §8]
     418.295
Certain attorneys not to represent prospective adoptive parents; employees not
to recommend any attorney to prospective adoptive parents. (1) No attorney employed by the State of
     (2) No employee of the Department of Human
Services shall recommend any attorney to serve as counsel for prospective
adoptive parents. [Formerly 419.135; 1969 c.597 §254; 1971 c.401 §24; 2001
c.900 §118]
     418.300
When child placement by private persons prohibited. No private individual, including midwives,
physicians, nurses, hospital officials and all officers and employees or
representatives of unauthorized agencies, organizations or institutions, shall
engage in child-placing work, except that relatives of the first and second
degrees may thus provide for children of their own blood. [Formerly 419.136;
1983 c.510 §13]
     418.302
Administrative review required for certain children in voluntary placement. For those children who have remained in
voluntary placement for 18 months, an administrative review by the Department
of Human Services shall be required. The department shall review the same
information required in reports on children placed pursuant to court order. [1981
c.777 §3]
     418.305
Authority of department to visit placed-out children; location and relationships
confidential. The Department
of Human Services may require any child-caring agency to divulge the location
and relationship of any of its placed-out children. The department or its
agents may visit the location to ascertain the condition of such children or
the quality of the child-placing work done. The location and relationship of
each placed-out child shall be confidentially held by the department and its
agents and revealed only when the welfare of the child requires such action on
order of a court of competent jurisdiction. [Formerly 419.138; 1971 c.401 §25;
2003 c.14 §220]
     418.306
Denial of visitation by child-caring agency as disciplinary measure prohibited. A child-caring agency providing residential
care shall not deny a parent or guardian of a child who is under the care of
the child-caring agency the right to visit the child solely as a disciplinary
measure against the child. [1993 c.785 §2]
     418.307
Medical or dental treatment of children without consent; conditions; immunity
of treating personnel. (1) A
physician licensed by the Oregon Medical Board, or a dentist licensed by the
Oregon Board of Dentistry, or a hospital licensed by the Department of Human
Services is authorized to treat a child who is ward of the court or is a
dependent or delinquent child in accord with the physicianÂ’s best medical
judgment and without consent if:
     (a) Because of the general state of the
childÂ’s health or any particular condition, the physician, dentist, or
responsible official of the hospital determines that in the medical judgment of
the physician, dentist or responsible official prompt action is reasonably
necessary to avoid unnecessary suffering or discomfort or to effect a more
expedient or effective cure; and
     (b) It is impossible or highly impractical
to obtain consent for treating the child from the child-caring agency, the
childÂ’s parent or the childÂ’s legal guardian.
     (2) No charge of assault or battery shall
be made against a physician, dentist, or hospital official or employee who
provides medical treatment pursuant to subsection (1) of this section.
     (3) A minor child described in subsection
(1) of this section who is 15 years of age or older may consent to medical
treatment pursuant to ORS 109.640. [1975 c.580 §2]
     418.310
Application of statutes to institutions caring for adults and children. ORS 418.205 to 418.310 and 418.992 to
418.998 apply to private agencies and institutions for the combined care of
adults and children where the care for children includes day or residential
treatment or care. [Formerly 419.140; 1983 c.510 §14]
     418.312
When transfer of custody not required; voluntary placement agreement; review of
children placed in certain institutions. (1) The Department of Human Services may not require any parent or
legal guardian to transfer legal custody of a child in order to have the child
placed under ORS 418.205 to 418.310, 418.480 to 418.500 and 418.992 to 418.998
in a foster home, group home or institutional child care setting, when the sole
reason for the placement is the need to obtain services for the childÂ’s
emotional, behavioral or mental disorder or developmental or physical
disability. In all such cases, the child shall be placed pursuant to a
voluntary placement agreement. When a child is placed pursuant to a voluntary
placement agreement, the department shall have responsibility for the childÂ’s
placement and care. When a child remains in voluntary placement for more than
180 days, the juvenile court shall make a judicial determination, within the
first 180 days of the placement, that the placement is in the best interests of
the child. In addition, the juvenile court shall hold a permanency hearing as
provided in ORS 419B.476 no later than 14 months after the childÂ’s original
voluntary placement, and not less frequently than once every 12 months
thereafter during the continuation of the childÂ’s original voluntary placement,
to determine the future status of the child.
     (2) As used in this section, “voluntary
placement agreement” means a binding, written agreement between the department
and the parent or legal guardian of a minor child that does not transfer legal
custody to the department but that specifies, at a minimum, the legal status of
the child and the rights and obligations of the parent or legal guardian, the
child and the department while the child is in placement. [1979 c.746 §1; 1993
c.348 §1; 1995 c.79 §213; 1999 c.59 §113; 2001 c.686 §6]
     Note: 418.312 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.315
Department may provide foster care for children surrendered or committed to
department. The Department
of Human Services may, in its discretion, provide foster care and other
services for any child who has been surrendered under ORS 418.270, as
authorized by ORS 418.285, to the department for adoption or has been
permanently committed to the department by order of court. [Formerly 419.142;
1969 c.45 §9; 1971 c.401 §26; 1971 c.779 §63]
     418.319
Goal regarding placed children receiving federal assistance. For each federal fiscal year beginning on
and after October 1, 1983, the Department of Human Services establishes as a
goal that no more than 33 percent of the children receiving assistance in
foster home or substitute care placements under Title 4E of the Social Security
Act shall have been in such placement at any time during that fiscal year for a
period in excess of 24 months. The department shall report to the regular
session of the Legislative Assembly next following October 1 with its plan for
achieving its goal and any plans for reducing the number or percentage of
children in such placements during the period before the next October 1. [1981
c.251 §1]
     Note: 418.319 was enacted into law by the
Legislative Assembly but was not added to or made a part of any series within
ORS chapter 418 by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     418.320 [Formerly 419.144; repealed by 1971 c.401 §120]
     418.325
Medical examinations required; frequency; childÂ’s health record; other health
care; explanation to adoptive parents. (1) A child-caring agency shall safeguard the health of each ward or
other dependent or delinquent child in its care by providing for medical
examinations of each child by a qualified physician at the following intervals:
     (a) Three examinations during the first
year of the childÂ’s life;
     (b) One examination during the second year
of the childÂ’s life;
     (c) One examination at the age of four;
     (d) One examination at the age of six;
     (e) One examination at the age of nine;
and
     (f) One examination at the age of 14.
     (2) If an examination under subsection (1)
of this section has not occurred within six months prior to the transfer for
adoption of the custody of a child by a child-caring agency to the prospective
adoptive parents of such child, a child-caring agency shall provide for a
medical examination of such child within six months prior to such transfer.
     (3) Any testing that occurs at intervals
other than those specified in subsections (1) and (2) of this section shall not
be considered to be in lieu of the required examinations. However, nothing in
subsections (1) and (2) of this section is intended to limit more frequent
examinations that are dictated by the general state of the childÂ’s health or by
any particular condition.
     (4) Within 90 days of obtaining
guardianship over a child under six years of age, a child-caring agency shall
provide for such child to be:
     (a) Inoculated as determined appropriate
by the county public health department; and
     (b) Tested for:
     (A) Phenylketonuria pursuant to ORS
433.285;
     (B) Visual and aural acuity consistent
with the childÂ’s age;
     (C) Sickle-cell anemia;
     (D) Effects of rubella, if any;
     (E) Effects of parental venereal disease,
if any; and
     (F) The hereditary or congenital effects
of parental use of drugs or controlled substances.
     (5) Within six months prior to the
transfer for adoption of the custody of a child by a child-caring agency to the
prospective adoptive parents of such child, the child-caring agency shall
provide for such child to have a complete physical examination by a physician,
including but not limited to inspection for evidence of child abuse in
accordance with rules of the Department of Human Services, and be tested for
visual and aural acuity consistent with the childÂ’s age.
     (6) A child-caring agency shall record the
results of tests provided a child pursuant to subsections (1) to (5) of this
section in the childÂ’s health record. The childÂ’s health record shall be kept
as a part of the agencyÂ’s total records of that child. The childÂ’s health
record shall be made available to both natural parents and to both prospective
foster or adoptive parents of that child. A qualified member of a child-caring
agency under the supervision of a qualified physician shall explain to adoptive
parents the medical factors possible as a result of a childÂ’s birth history,
hereditary or congenital defects, or disease or disability experience. [1973
c.545 §2; 1979 c.492 §5; 1979 c.744 §20; 2003 c.14 §221]
     418.327
Licensing of certain schools and organizations offering residential programs;
rules. (1) Inspections and
reviews of private schools or other organizations offering residential programs
for children may be conducted by the Department of Human Services at times and
frequencies of the departmentÂ’s choosing. The department shall consult with
representatives of the private schools and organizations in developing the
standards that shall be the basis for inspections and reviews.
     (2) Upon finding that the facilities and
operation of a school or organization described in subsection (1) of this
section meet the standards of the department for the physical health, care and
safety of the children, the department shall issue a license to operate the
residential program. The license shall be valid for a period of two years,
unless sooner suspended or revoked by the department. However, the department
may require that application be made for amendment to an existing license when
changes in a facility or program are to occur. The department shall charge no
fee for its own inspections or reviews, nor for issuing licenses, but may
charge fees to cover costs of inspections done by other governmental agencies
for the department.
     (3) No person or organization shall
operate a facility described in subsection (1) of this section without having a
current, valid license issued by the department.
     (4) Any person, including the Director of
Human Services, may file a complaint with the department alleging that children
attending a private school which provides boarding or residential programs, or
that children within the control of any other organization which provides
boarding or residential programs, are not receiving shelter, food, guidance,
training or education necessary to the health, safety, welfare or social growth
of the children or necessary to serve the best interests of society.
     (5) The department shall investigate
complaints made under subsection (4) of this section and, if a reasonable basis
for sustaining the complaint appears, shall set a hearing to examine publicly
the complaint. The department shall conduct its investigation under the
standards and authority provided under ORS 418.215 to 418.325. Except as
provided in subsection (7) of this section, at least two weeksÂ’ written notice of
the hearing and substance of the complaint and the evidence in support thereof
shall be provided to the operator of the school or organization. The parents of
the child or children involved shall be notified if such persons can be
conveniently located. Notice shall be served personally on the operator of the
school or organization, but may be served by mail at the last-known or
determined address of the parent or other adult responsible for the child.
     (6) The hearing shall comply with the
provisions of ORS chapter 183 as to procedures, findings and orders. Where the
evidence at the hearing justifies such an order, the department is authorized
to order the private school or organization to correct the conditions not in
conformity with standards. If corrections are not made within time limits set
by the department, the department may suspend or revoke the license or may
refuse to renew the license and is empowered to make any other lawful orders
necessary to the protection of the child or children involved.
     (7) Where a condition exists that
immediately endangers the health or safety of a child, the Director of Human
Services may issue an interim order without any notice, or with such notice as
is practical under the circumstances, requiring the school or organization to
alter the conditions under which the child lives or receives schooling. Such
interim emergency order shall remain in force until a final order, after a
hearing as provided in subsection (5) of this section, is entered.
     (8) Any school or organization shall
cooperate with the department in making any inspection or review or
investigating any complaint made under this section.
     (9) The Superintendent of Public
Instruction shall cooperate with the department upon request by advising the
department as to whether or not the educational program conducted at the school
or organization meets minimum standards required of public educational
institutions.
     (10) Nothing in this section applies to
public or private institutions of higher education, community colleges, common
or union high school districts that provide board and room in lieu of
transportation or any other child-caring program already subject to state
licensing procedures by any agency of this state.
     (11) Subject to ORS chapter 183, the department
may adopt rules to implement this section.
     (12) In addition to remedies otherwise
provided under this section and under ORS 412.991 and 418.990, the department
may commence an action to enjoin operation of a private school or other
organization offering residential programs for children:
     (a) If the school or organization is being
operated without a valid license issued under subsection (2) of this section;
or
     (b) If the private school or organization
fails to correct the conditions not in conformity with standards, as set out in
an order issued under subsection (6) of this section, within the time specified
in the order. [1975 c.313 §1; 1977 c.232 §1; 1979 c.284 §140; 1983 c.510 §15]
PAYMENTS TO
ADOPTIVE PARENTS
     418.330
Payments to adoptive parents; conditions; limitations. (1) The Department of Human Services may
make payments to adoptive parents on behalf of a child placed for adoption by
the department or by an approved child-caring agency when the department
determines:
     (a) The child has special needs because of
a handicap to adoptive placement by reason of the childÂ’s physical or mental
condition, race, age, or membership in a sibling group; or
     (b) The adoptive family is capable of
providing the permanent family relationships needed by the child in all
respects other than financial, and the needs of the child are beyond the
economic ability and resources of the family.
     (2) Payments in subsidization of adoption
may include but are not limited to the maintenance costs, medical and surgical
expenses, and other costs incidental to the care, training and education of the
child. Such payments may not exceed the cost of providing comparable assistance
in foster care and shall not be made after the adoptive child becomes 18 years
of age. [1971 c.129 §§1,2]
     418.335
Determination of eligibility for payments; review; hearing. (1) Qualification for payments in
subsidization of adoption shall be determined and approved by the Department of
Human Services prior to the completion of the adoption proceeding, and shall be
redetermined annually thereafter. The department may increase, decrease,
suspend or terminate payments at any time in its discretion.
     (2) If a payment in subsidization of
adoption is suspended or terminated prior to the 18th birthday of the child,
the parents of the child may petition the department for a review of the case.
The department shall afford the petitioner an opportunity for a hearing which
shall be held in the county the petitioner elects. [1971 c.129 §§3,4]
     418.340
Rules. The Department of
Human Services shall make all necessary rules and regulations for administering
the program for payments in subsidization of adoptions. [1971 c.129 §5]
     418.342 [1989 c.306 §2; renumbered 657A.100 in 1993]
     418.344 [1989 c.306 §1; renumbered 657A.110 in 1993]
     418.346 [1989 c.306 §3; renumbered 657A.120 in 1993]
     418.348 [1989 c.306 §4; renumbered 657A.130 in 1993]
     418.350 [1989 c.306 §5; renumbered 657A.140 in 1993]
     418.352 [1989 c.306 §6; renumbered 657A.150 in 1993]
     418.354 [1989 c.306 §7; renumbered 657A.160 in 1993]
     418.355 [Formerly 419.152; 1971 c.401 §28; repealed
by 1989 c. 41 §2]
     418.356 [1989 c.306 §8; renumbered 657A.170 in 1993]
     418.358 [1989 c.306 §9; 1993 c.344 §28; renumbered
657A.180 in 1993]
     418.360 [Formerly 419.154; 1971 c.401 §29; repealed
by 1989 c.41 §2]
     418.361 [1989 c.306 §10; 1993 c.344 §29; renumbered
657A.020 in 1993]
     418.363 [1989 c.306 §11; renumbered 657A.190 in
1993]
     418.365 [Formerly 419.156; 1971 c.401 §30; repealed
by 1989 c.41 §2]
     418.370 [Formerly 419.158; repealed by 1989 c.41 §2]
     418.373 [1973 c.610 §2; 1985 c.753 §6; repealed by
1993 c.344 §49]
     418.375 [1973 c.610 §1; repealed by 1993 c.344 §49]
     418.379 [1973 c.610 §3; 1977 c.554 §1; 1979 c.524 §7;
repealed by 1985 c.753 §7]
     418.380 [1971 c.533 §1; renumbered 418.400]
     418.381 [1973 c.610 §4; 1977 c. 554 §2; repealed by
1985 c.753 §7]
     418.383 [1973 c.610 §§5,7; repealed by 1985 c.753 §7]
     418.385 [1971 c.533 §2; renumbered 418.401]
     418.386 [1973 c.610 §8; repealed by 1985 c.753 §7]
     418.388 [1973 c.610 §§9,10; repealed by 1993 c.344 §49]
     418.390 [1971 c.533 §3; renumbered 418.402]
     418.391 [1973 c.610 §11; repealed by 1993 c.344 §49]
     418.393 [1973 c.610 §12; 1979 c.524 §8; repealed by
1993 c.344 §49]
     418.395 [1973 c.610 §14; repealed by 1993 c.344 §49]
     418.397 [1973 c.610 §13; repealed by 1993 c.344 §49]
     418.399 [1973 c.610 §6; repealed by 1993 c.344 §49]
     418.400 [Formerly 418.380; repealed by 1993 c.344 §49]
     418.401 [Formerly 418.385; repealed by 1993 c.344 §49]
     418.402 [Formerly 418.390; repealed by 1993 c.344 §49]
     418.405 [Formerly 419.202; 1963 c.451 §1; 1971 c.401
§31; repealed by 1989 c.41 §2]
     418.410 [Formerly 419.204; 1967 c.89 §1; repealed by
1989 c.41 §2]
     418.415 [Formerly 419.206; 1971 c.401 §32; repealed
by 1989 c.41 §2]
     418.420 [Formerly 419.208; 1969 c.440 §1; 1971 c.401
§33; repealed by 1989 c.41 §2]
     418.425 [Formerly 419.210; 1971 c.401 §34; repealed
by 1989 c.41 §2]
     418.430 [Formerly 419.212; 1967 c.454 §50; 1971
c.401 §35; repealed by 1989 c.41 §2]
     418.435 [Formerly 419.214; 1963 c.450 §1; repealed
by 1989 c.41 §2]
     418.440 [Formerly 419.216; repealed by 1989 c.41 §2]
     418.445 [Formerly 419.218; 1967 c.534 §18; repealed
by 1989 c.41 §2]
     418.450 [Formerly 419.220; repealed by 1967 c.534 §34]
     418.455 [Formerly 419.222; repealed by 1989 c.41 §2]
     418.460 [Formerly 419.566 and then 419.224; repealed
by 1989 c.41 §2]
     418.465 [1963 c.150 §2; repealed by 1989 c.41 §2]
SHELTER-CARE
HOMES
     418.470
Authority to pay for shelter-care homes. (1) The Department of Human Services may engage and make reasonable
payment for services of persons to make available, maintain and operate
shelter-care homes for the safekeeping of children taken into temporary custody
pending investigation and disposition.
     (2) The services, pursuant to specific
prior authorization of the department, shall be deemed actually rendered if the
shelter-care home is made available, maintained and operated to receive such
children.
     (3) As used in this section and ORS
418.472, “shelter-care home” means a certified foster home or a licensed
facility contracted with by the Department of Human Services for the purpose of
safekeeping of children taken into temporary custody pending investigation and
disposition where the circumstances are such that the child need not be kept in
secure custody. [1969 c.184 §1; 1971 c.401 §36; 1985 c.791 §1; 2003 c.14 §222]
     418.472
Siting of shelter-care home.
The governing body of a county or its designee in a county with a population of
less than 400,000 may allow the operation of a shelter-care home, as defined in
ORS 418.470, upon a lot or parcel in any zone, including an exclusive farm use
or forest use zone, if the shelter-care home is an existing use on that lot or
parcel on September 20, 1985. [1985 c.791 §2]
INDEPENDENT
RESIDENCE FACILITIES
     418.475
Independent residence facilities; extent and nature of agreement between minor
and department. (1) Within
the limit of moneys appropriated therefor, the Department of Human Services may
establish or certify independent residence facilities for minors who:
     (a) Are 16 years of age or older;
     (b) Have been placed in at least one
substitute care resource;
     (c) Have been determined by the department
to be unsuitable for placement in a substitute care resource;
     (d) Have received permission from the
appropriate juvenile court, if they are wards of the court; and
     (e) Have been determined by the department
to be suitable for an independent resident program.
     (2) Residence facilities shall provide
independent housing arrangements with counseling services and minimal
supervision available from at least one counselor. All residential facilities
having six or more residents shall be licensed by the department under ORS
443.400 to 443.455.
     (3) Each resident shall be required to
maintain a program of education or employment, or a combination thereof,
amounting to full-time activity and shall be required to pay a portion or all
of the residentÂ’s housing expenses and other support costs.
     (4) The department may make payment grants
directly to minors enrolled in an independent living program for food, shelter,
clothing and incidental expenses. The payment grants shall be subject to an
agreement between the minor and the department that establishes a budget of
expenses.
     (5) The department may establish
cooperative financial management agreements with a minor and for that purpose
may enter into joint bank accounts requiring two signatures for withdrawals.
The management agreements or joint accounts may not subject the department or
any counselor involved to any liability for debts or other responsibilities of
the minor.
     (6) The department shall make periodic
reports to the juvenile court as required by the court regarding any minor who
is a ward of the court enrolled in an independent living program.
     (7) The enrollment of a minor in an
independent living program in accordance with the provisions of subsection (1)
of this section does not remove or limit in any way the obligation of the
parent of the minor to pay support as ordered by a court under the provisions
of ORS 419B.400 or 419C.590. [1973 c.801 §1; 1977 c.717 §17; 1981 c.283 §1;
1993 c.33 §328; 2003 c.14 §223; 2007 c.71 §108]
PURCHASE OF
CARE
     418.480
“Purchase of care” defined.
As used in ORS 418.480 to 418.500, “purchase of care” includes the purchase of
institutional and foster family care and services, adoptive services, services
to the unwed mother and her child and such other care and services as the
Department of Human Services shall determine to be necessary to carry out the
policy stated in ORS 418.485. [1971 c.457 §1; 2001 c.900 §119]
     418.485
Policy. It is the policy of
the State of
     418.490
Coordination of state activities. In carrying out the policies of this state as stated in ORS 418.485,
it shall be the responsibility of the Director of Human Services to coordinate
the activities of all state agencies that have responsibilities for care of
children to insure the best care possible and to avoid duplication of effort or
conflict in policy. [1971 c.457 §3]
     418.495
Authority to purchase care; relative foster care payments; agreement content;
rules. (1) Within the limits
of funds available therefor, the Department of Human Services may enter into
agreements with licensed child-caring agencies and other appropriate
facilities, including youth care centers, for the purchase of care for children
who require and are eligible for such care, regardless of whether the children
are wards of the state or whether the department is their guardian or has their
custody or whether the children are surrendered to a child-caring agency or
committed thereto by order of a court under ORS chapter 419B or 419C. The
agreement shall prescribe the procedures for payment, the rate of payment and
may contain such other conditions as the department and the agency or facility
may agree.
     (2) The department shall by rule adopt
payment standards for foster care. In establishing standards, the department
may take into account the income, resources and maintenance available to and
the necessary expenditures of a foster parent who is a relative, as defined by
rule, of the child placed in care. [1971 c.457 §4; 1993 c.33 §329; 2007 c.801 §1]
     418.500
Out-of-state care for children.
If the Department of Human Services determines that need exists for care and
treatment of a child who is eligible for such care and treatment that is not
available through any public or private agency or facility in this state, it
may enter into an agreement with a public or private agency outside this state
for the purchase of care for the child. Such agreements shall contain the
matter described in ORS 418.495 and shall apply to children described therein. [1971
c.457 §5]
     418.505 [Formerly 419.252; 1963 c.451 §2; 1967 c.89 §2;
1967 c.454 §51; repealed by 1989 c.41 §2]
     418.510 [Formerly 419.254; 1967 c.454 §52; 1971
c.401 §37; repealed by 1989 c.41 §2]
     418.515 [Formerly 419.256; 1963 c.451 §3; 1969 c.440
§2; 1971 c.401 §38; repealed by 1989 c.41 §2]
USE OF
PSYCHOTROPIC MEDICATIONS
     418.517
Procedures for use of psychotropic medications for children in foster care;
rules; hearing. (1) The
Department of Human Services shall develop by rule procedures for the use of
psychotropic medications for children placed in foster care by the department.
     (2) The procedures shall include but not
be limited to:
     (a) Required notice by the foster parent
to the department within one working day after receiving a new prescription of
the psychotropic medication.
     (b) Required timely notice by the
department to the childÂ’s parent and the parentÂ’s legal representative, if any,
and the childÂ’s legal representative or the court appointed special advocate
containing the following information:
     (A) The prescribed psychotropic medication;
     (B) The amount of the dosage;
     (C) The dosage recommended by the
manufacturer or the United States Food and Drug Administration;
     (D) The reason for the medication;
     (E) The efficacy of the medication; and
     (F) The side effects of the medication.
     (c) Specified follow-up and monitoring by
the department of a child taking psychotropic medication.
     (3) Any parent, legal representative of
the parent, legal representative of the child or court appointed special
advocate may petition the juvenile court for a hearing if the parent, the
representative of the parent, if any, the legal representative of the child or
the advocate objects to the use of or the prescribed dosage of the psychotropic
medication. The court may order an independent evaluation of the need for or
the prescribed dosage of the medication. The court may order that
administration of the medication be discontinued or the prescribed dosage be
modified upon a showing that either the prescribed medication or the dosage, or
both, are inappropriate.
     (4) As used in this section, “psychotropic
medication” means medication the prescribed intent of which is to affect or
alter thought processes, mood or behavior, including but not limited to
antipsychotic, antidepressant and anxiolytic medication and behavior
medications. The classification of a medication depends upon its stated,
intended effect when prescribed because it may have many different effects. [1993
c.361 §1]
     Note: 418.517 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.520 [Formerly 419.258; 1971 c.401 §39; repealed
by 1989 c.41 §2]
     418.525 [Formerly 419.260; 1967 c.454 §53; 1971
c.401 §40; repealed by 1989 c.41 §2]
     418.530 [Formerly 419.262; repealed by 1989 c.41 §2]
     418.555 [Formerly 419.302; repealed by 1989 c.41 §2]
     418.560 [Formerly 419.304; 1971 c.401 §41; repealed
by 1989 c.41 §2]
     418.565 [Formerly 419.306; 1967 c.454 §54; 1969
c.597 §255; 1971 c.401 §42; repealed by 1989 c.41 §2]
     418.570 [Formerly 419.530 and then 419.308; repealed
by 1963 c.451 §4]
     418.605 [Formerly 419.352; repealed by 1971 c.401 §120]
     418.610 [Formerly 419.356; repealed by 1983 c.537 §7
and 1983 c.740 §142]
FOSTER HOMES
NOT SUPERVISED BY CHILD-CARING AGENCIES
     418.625
Definitions for ORS 418.625 to 418.645. As used in ORS 418.625 to 418.645:
     (1) “Certificate” means a written approval
to operate a foster home issued by the Department of Human Services on a form
prescribed by the department that states the name of the foster parent, the
address of the premises to which the certificate applies and the maximum number
of children to be maintained or boarded in the foster home at any one time.
     (2) “Department” means the Department of
Human Services.
     (3) “Foster home” means any home
maintained by a person who has under the care of the person in the home any
child under the age of 21 years unattended by the childÂ’s parent or guardian,
for the purpose of providing the child with care, food and lodging, but does
not include:
     (a) Any boarding school that is
essentially and primarily engaged in educational work;
     (b) Any home in which a child is provided
board and room by a school board;
     (c) Any foster home under the direct
supervision of a private child-caring agency or institution certified by the
department;
     (d) Any home under the direct supervision
of a custodial parent for the purpose of providing respite care as defined by
rule; or
     (e) Any developmental disability child
foster home as defined in ORS 443.830. [Formerly 419.402; 1971 c.401 §44; 1975
c.267 §1; 1995 c.564 §1; 1997 c.130 §9; 2001 c.686 §4; 2001 c.900 §120; 2005
c.679 §2; 2007 c.801 §2]
     418.627
Placement consistent with the Indian Child Welfare Act. (1) The Legislative Assembly finds that in
the Indian Child Welfare Act, Public Law 95-608, the United States Congress
recognized the special legal status of Indian tribes and their members. This
section implements the federal policy of protecting Indian cultures by insuring
the placement of Indian children within Indian families or communities, and
that as a consequence, the State of Oregon should take the actions provided in
subsections (2) to (4) of this section.
     (2) A person providing a foster home to an
American Indian child shall be eligible for payments under ORS 418.625 to
418.645 regardless of the relationship by blood or marriage that the person has
to the child where the childÂ’s placement in the foster home is pursuant to the
Indian Child Welfare Act (25 U.S.C. 1901 et seq.).
     (3) Certification of a foster home
described in subsection (2) of this section shall be pursuant to standards set
out in an agreement between the Department of Human Services and the tribe of
which the child is a member or, if there is no such agreement, certification
shall be pursuant to standards adopted by a federally recognized Indian tribe.
     (4) If subsection (2) or (3) of this
section is found to be unconstitutional for any reason, then the entire section
shall be null and void. [1987 c.773 §§2,3]
     418.630
Foster home must be certified as approved. No person shall operate a foster home without a certificate of
approval issued by the Department of Human Services. [Formerly 419.404; 1971
c.401 §45]
     418.635
Certificate of approval; revocation. Application for a certificate to operate a foster home shall be made
to the Department of Human Services upon a form to be furnished by the
department. Upon receipt of such application, the department shall cause an
investigation of the qualifications of the foster home to be made to determine
which type of certificate should be issued in accordance with the rules of the
department pertinent to the certification of foster homes, and shall issue an appropriate
certificate to any person maintaining a foster home which complies with ORS
418.625 to 418.645. Such certificate may be revoked by the department following
notice and opportunity for hearing as provided in ORS chapter 183 because of
violation of any of the provisions of ORS 418.625 to 418.645 or of the rules
provided for in ORS 418.640. Such certificate shall apply only to the premises
designated on the certificate at the time of issue and a change of residence
shall automatically terminate the certificate. [Formerly 419.406; 1973 c.612 §17;
1975 c.267 §2; 2001 c.686 §5]
     418.640
Supervision of foster homes; foster parent training; rules; law enforcement
officer training. (1) The
Department of Human Services shall adopt such rules, not inconsistent with ORS
418.625 to 418.645, as it deems necessary or advisable to protect the best
interests of children in foster homes and to carry out the intent and purpose
of ORS 418.625 to 418.645.
     (2) The department shall adopt rules
assuring that all foster parents receive training designed to assist the foster
parent in both understanding the mental and emotional problems that occur in
child victims of abuse and neglect, including sexual abuse and rape of a child,
as defined in ORS 419B.005, and in managing the behavior that may result from
such problems. The training shall be provided in accordance with rules adopted
by the department.
     (3) The Board on Public Safety Standards
and Training shall develop a training program for law enforcement officers
investigating child abuse cases and interviewing child abuse victims. The
curriculum shall address the area of training and education necessary to
facilitate the skills necessary to investigate reports of child abuse. The
curriculum shall include, but not be limited to:
     (a) Assessment of risk to child;
     (b) Dynamics of child abuse; and
     (c) Legally sound and age appropriate
interview and investigatory techniques.
     (4) The department or duly authorized
representative shall visit every certified foster home from time to time and as
often as appears necessary to determine that such foster home consistently
maintains the standards fixed by the department and that proper care is being
given to the children therein. [Formerly 419.408; 1971 c.401 §46; 1989 c.998 §1;
1993 c.622 §§4,4a; 2005 c.22 §291]
     418.642
Confidentiality of information about person who maintains foster home;
exceptions; rules. (1)
Notwithstanding ORS 192.410 to 192.505, the name, address and other identifying
information about a person who maintains a foster home are confidential and not
accessible for public inspection.
     (2) Notwithstanding subsection (1) of this
section, the Department of Human Services may adopt rules that allow the
department to disclose information about a person who maintains a foster home
if the department deems:
     (a) It necessary or advisable to protect
the best interests of a child; or
     (b) It necessary for the administration of
the child welfare laws. [1999 c.465 §2]
     418.643
Denial of visitation by foster home as disciplinary measure prohibited. A foster home shall not deny a parent or
guardian of a child who is under the care of the foster home the right to visit
the child solely as a disciplinary measure against the child. [1993 c.785 §4]
     418.645
Appeal from decision of department. Any person affected by any decision or order of the Department of
Human Services made pursuant to ORS 418.625 to 418.645 may appeal therefrom to
the Court of Appeals as provided in ORS 183.480 for the review of orders in
contested cases. [Formerly 419.410; 1969 c.597 §256; 1971 c.401 §47; 1973 c.612
§18]
     418.647
Foster care payments. (1)
With respect to any period for which federal funds are made available to this
state in aid of a state-administered program of aid to any child defined in and
meeting the requirements of this section, the Department of Human Services may
provide foster care payments in behalf of a child in the foster home of any
individual or in a licensed private child-caring agency who:
     (a) Is a needy child meeting the requirements
of ORS 412.001 (3)(b)(A) or (B) who has been deprived of parental support or
care by reason of the continued absence from the home, the physical or mental
incapacity or the unemployment or underemployment of a parent or parents;
     (b) Would meet the requirements of ORS
412.006 except for the removal of the child from the home of a caretaker
relative as a result of a judicial determination to the effect that
continuation therein would be contrary to the welfare of such child;
     (c) Has been accepted for placement and
care by the department;
     (d) Has been placed in a foster home or
licensed private child-caring agency as a result of such determination; and
     (e) Received aid in or for the month in
which court proceedings leading to such determination were initiated, or would
have received such aid in or for such month if application had been made
therefor, or in the case of a child who had been living with a caretaker
relative as defined in ORS 412.001 within six months prior to the month in
which such proceedings were initiated, would have received such aid in or for
such month if in such month the child had been living with and removed from the
home of such a relative and application had been made therefor.
     (2) “Foster home” means a foster home
which is certified by this state or has been approved, by the agency of this
state responsible for the certification of foster homes, as meeting the
standards established for such certification. [Formerly 418.070]
     Note: 418.647 is part of 412.001 to 412.069 and ORS
chapter 418 but is not part of any smaller series in ORS chapter 418. See
Preface to Oregon Revised Statutes for further explanation.
     418.648
Rights of foster parents. A
foster parent has the right to:
     (1) Be treated with dignity, respect and
trust as a member of a team, including respect for the family values and
routines of the foster parent.
     (2) Be included as a valued member of a
team that provides care and planning for a foster child placed in the home of
the foster parent.
     (3) Receive support services, as resources
permit, from the Department of Human Services that are designed to assist in
the care of the foster child placed in the home of the foster parent.
     (4) Be informed of any condition that
relates solely to a foster child placed in the home of the foster parent that
may jeopardize the health or safety of the foster parent or other members of
the home or alter the manner in which foster care should be provided to the
foster child. The information shall include complete access to written reports,
psychological evaluations and diagnoses that relate solely to a foster child
placed in the home of the foster parent provided that confidential information
given to a foster parent must be kept confidential by the foster parent, except
as necessary to promote or to protect the health and welfare of the foster
child and the community.
     (5) Have input into a permanency plan for
a foster child placed in the home of the foster parent.
     (6) Receive assistance from the department
in dealing with family loss and separation when the foster child leaves the
home of the foster parent.
     (7) Be informed of all policies and
procedures of the department that relate to the role of the foster parent.
     (8) Be informed of how to receive services
and to have access to department personnel or service providers 24 hours a day,
seven days a week.
     (9) Initiate an inactive referral status
for a reasonable period of time, not to exceed 12 months, to allow a foster
parent relief from caring for foster children.
     (10) Not be discriminated against on the
basis of race, color, religion, sex, national origin, age or disability.
     (11) Be notified of the foster parent’s
right to limited participation in proceedings in the juvenile court and
provided with an explanation of that right. [2005 c.676 §1]
     Note: The amendments to 418.648 by section 24,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 418.648 by section 24, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 418.648, as amended by section
24, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     418.648. A foster parent has the right to:
     (1) Be treated with dignity, respect and
trust as a member of a team, including respect for the family values and
routines of the foster parent.
     (2) Be included as a valued member of a
team that provides care and planning for a foster child placed in the home of
the foster parent.
     (3) Receive support services, as resources
permit, from the Department of Human Services that are designed to assist in
the care of the foster child placed in the home of the foster parent.
     (4) Be informed of any condition that
relates solely to a foster child placed in the home of the foster parent that
may jeopardize the health or safety of the foster parent or other members of
the home or alter the manner in which foster care should be provided to the
foster child. The information shall include complete access to written reports,
psychological evaluations and diagnoses that relate solely to a foster child
placed in the home of the foster parent provided that confidential information
given to a foster parent must be kept confidential by the foster parent, except
as necessary to promote or to protect the health and welfare of the foster
child and the community.
     (5) Have input into a permanency plan for
a foster child placed in the home of the foster parent.
     (6) Receive assistance from the department
in dealing with family loss and separation when the foster child leaves the
home of the foster parent.
     (7) Be informed of all policies and
procedures of the department that relate to the role of the foster parent.
     (8) Be informed of how to receive services
and to have access to department personnel or service providers 24 hours a day,
seven days a week.
     (9) Initiate an inactive referral status
for a reasonable period of time, not to exceed 12 months, to allow a foster
parent relief from caring for foster children.
     (10) Not be discriminated against on the
basis of race, color, religion, sex, sexual orientation, national origin, age
or disability.
     (11) Be notified of the foster parent’s
right to limited participation in proceedings in the juvenile court and
provided with an explanation of that right.
     Note: 418.648 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.650
Policy; purpose. (1) The
Legislative Assembly of the State of
     (a) It is the policy of the State of
Oregon to maintain a strong economy in order to provide its citizens a stable
and plentiful job market, and to conserve and protect its natural resources,
scenic beauty, historical and cultural sites and other community facilities;
     (b) The development and maintenance of a
healthy economy for
     (c) Many public lands and environmental
resources, including parks, rangelands, forests, wildlife habitats, fisheries,
soils and waters are and will continue to be subject to resource production
demand and public uses;
     (d) In order to instill and preserve
superior work attitudes among OregonÂ’s disadvantaged and at-risk young adults
and to maintain, protect and conserve the valuable resources of the State of
Oregon, programs need to be implemented which will assure continued economic
productivity and scenic beauty, as well as the public health, safety and social
benefit;
     (e) To these ends, conservation work
programs may prove successful and cost-effective both in providing jobs for
disadvantaged and at-risk young adults and in assisting land preservation and
management agencies to conserve and protect natural and urban facilities; and
     (f) As a result of such employment
opportunities, benefits will redound to the stateÂ’s environmental maintenance
and productivity, the stateÂ’s economy and to the disadvantaged and at-risk
youth participants who benefit from the exposure to and respect for the work
ethic in the context of safeguarding and improving the environmental resources
of the state.
     (2) The general purposes of ORS 418.650 to
418.663 are:
     (a) To establish a disadvantaged and
at-risk youth work program in order to perform conservation work of public
value in the most cost-effective manner;
     (b) To utilize such a program as a means
of needed assistance to protect, conserve, rehabilitate and improve the
natural, historical and cultural resources of the state; and
     (c) To utilize such a program to increase
educational, training and employment opportunities for disadvantaged and
at-risk youth for the purpose of improving work skills, instilling the work
ethic and increasing employability. [1987 c.326 §§1,2; 1991 c.581 §1]
     Note: 418.650 to 418.663 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
418 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.653
     (2) Upon implementation of subsection (1)
of this section, there shall be created an Oregon Youth Conservation Corps
Advisory Committee to consist of nine members, three to be appointed by the
President of the Senate, three to be appointed by the Speaker of the House of
Representatives and three public members to be appointed by the Governor. No
more than one Senator and one Representative shall be appointed.
     (3) Committee members may receive
reimbursement of necessary and actual expenses under ORS 292.495 (2), but may
not receive compensation under ORS 292.495 (1) or otherwise for participation
as a committee member.
     (4) Committee members may be removed by
the appointing authority. Vacancies shall be filled by the appointing authority.
Committee members shall serve for a term of three years and may be reappointed
for an additional consecutive term.
     (5) The advisory committee established
under subsection (2) of this section shall advise the program director on the
implementation of ORS 418.650 to 418.663. [1987 c.326 §3; 1989 c.786 §6; 1991
c.581 §2; 1993 c.676 §43; 1999 c.71 §1; 2001 c.259 §2]
     Note: See note under 418.650.
     418.657
Duties of program director; participant eligibility; rules; staff. (1) In consultation with the Oregon Youth
Conservation Corps Advisory Committee and the Commissioner for Community
College Services, the program director of the Oregon Youth Conservation Corps
shall:
     (a) Establish eligibility criteria for
participants. Such criteria shall not render the program ineligible for federal
funds. Participants shall be lawful permanent residents of the state.
     (b) Establish criteria in order to make
the required determination that enrollment in the corps was not the reason that
an individual ceased attendance at a secondary school.
     (c) Assume that application of the
eligibility and participation criteria results in enrollment of at least 75
percent disadvantaged and at-risk youth among the total number of participants.
     (2) The program director, in consultation
with the Commissioner for Community College Services, may take the following
actions, including but not limited to:
     (a) Applying for and accepting grants or
contributions of funds from any public or private source;
     (b) Making agreements with any local,
state or federal agency to utilize any service, material or property of any
such agency, where such agreements are considered reasonable and necessary; and
     (c) Purchasing or contracting for
necessary private services, equipment, materials and property where such are
needed to carry out the projects approved for and undertaken by the corps.
     (3) The State Board of Education may adopt
all necessary rules to carry out the purposes and objectives of the program and
to regulate the standards of conduct and other operating guidelines for corps
members and other personnel.
     (4) Corps members are exempt from:
     (a) State Personnel Relations Law; and
     (b) ORS 279C.800 to 279C.870. [1987 c.326 §§5,6;
1989 c.786 §7; 1991 c.581 §3; 1993 c.676 §44; 1999 c.71 §2; 2003 c.43 §1; 2003
c.794 §278a]
     Note: See note under 418.650.
     418.658
     (2) In addition to projects submitted
under ORS 418.660 (1), projects of the Oregon Community Stewardship Corps may
include, but shall not be limited to:
     (a) Child care services.
     (b) Elderly and disabled care services.
     (c) Literacy education programs.
     (d) Recycling and other waste reduction
services.
     (3) The Oregon Community Stewardship Corps
shall offer employment and educational opportunities of at least three but not
more than 12 monthsÂ’ duration for selected participants.
     (4) Under rules adopted by the State Board
of Education, participants who successfully complete any 12-month program under
this section shall be eligible for $1,500 in tuition vouchers that can be used
at any career school or post-secondary educational institution that is
qualified to receive assistance through the Oregon Student Assistance
Commission.
     (5) All Oregonians who are at least 13
years of age and under 25 years of age are eligible to participate in the
program. To ensure that Oregon Community Stewardship Corps participants
represent a broad cross section of Oregonians, special emphasis shall be given
to recruiting school dropouts and other disadvantaged and at-risk youth,
according to criteria established by the Oregon Youth Conservation Corps
Advisory Committee.
     (6) To the extent practicable, the program
director shall enlist state and federal agencies, local government, nonprofit
organizations and private businesses, and any combination of such entities, to
act as sponsors for programs administered under this section. Selection of
sponsors shall be based on criteria that include the following:
     (a) The availability of other resources on
a matching basis, including contributions from private sources, other federal,
state and local agencies, and moneys available through the federal Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.);
     (b) The provision of related educational
and job training programs to participants, including but not limited to school
and college coursework, General Educational Development (GED) tests equivalency
training, project-related education and professional training;
     (c) Assurances that proposed projects will
not displace existing employees or duplicate existing private or government
programs; and
     (d) Assurances that proposed projects are
devoted to the enhancement of the community and are not based in maintenance
activities and that these projects meet an identified need.
     (7) In consultation with the advisory
committee and the Commissioner for Community College Services, the program
director shall make grants for programs administered under this section. [1989
c.786 §9; 1991 c.581 §4; 1993 c.676 §45; 1995 c.343 §46; 1997 c.249 §131; 1999
c.59 §114; 1999 c.71 §3; 2001 c.259 §1; 2001 c.684 §27; 2003 c.43 §2]
     Note: See note under 418.650.
     418.660
Projects; consistency with public land law. (1) The programs established under ORS 418.650 to 418.663 may include,
but shall not be limited to, projects such as:
     (a) Rangeland conservation, rehabilitation
and improvement;
     (b) Endangered species and other wildlife
habitat conservation, rehabilitation and improvement;
     (c) Urban revitalization;
     (d) Historical and cultural site
preservation and maintenance;
     (e) Recreational area development,
maintenance, improvement and beautification;
     (f) Road and trail maintenance and
improvement;
     (g) Soil conservation work, including
erosion control;
     (h) Flood, drought and storm damage
assistance and relief;
     (i) Stream, lake, waterfront harbor and
port improvement and pollution control;
     (j) Fish culture and habitat maintenance
and improvement;
     (k) Insect, disease, rodent and other
pestilence control;
     (L) Improvement of abandoned railroad land
and right of way;
     (m) Land reclamation and improvement,
including strip-mined lands, public landscape work and tree planting programs;
     (n) Energy conservation projects including
assistance in the performance of energy efficiency audits, weatherization and
renewable resource enhancement;
     (o) Emergency assistance in times of
natural or other disaster; and
     (p) Recycling projects.
     (2) In consultation with the Oregon Youth
Conservation Corps Advisory Committee and the Commissioner for Community
College Services, the program director of the Oregon Youth Conservation Corps
shall ensure that projects selected under ORS 418.650 to 418.663 shall be
consistent with all other provisions of applicable state and federal law
relating to the management, oversight and administration of affected public
lands. [1987 c.326 §§7,8; 1989 c.786 §8; 1991 c.581 §5; 1993 c.676 §46; 1999
c.71 §4; 2003 c.43 §3]
     Note: See note under 418.650.
     418.663
Employment goals. (1)
Projects selected under ORS 418.650 to 418.663 shall:
     (a) Result in an increase in employment
opportunities for disadvantaged and at-risk youth over those opportunities
which would otherwise be available;
     (b) Not result in the displacement of
currently employed workers, including partial displacement such as reduction in
the hours of nonovertime work or wages or employment benefits;
     (c) Not impair existing contracts for
services or result in the substitution of state for other funds in connection
with work that would otherwise be performed;
     (d) Not substitute jobs assisted under ORS
418.650 to 418.663 for existing federally assisted jobs;
     (e) Not employ any person when any other
person is on layoff by an employer from the same or any substantially
equivalent job in the same area; and
     (f) Not be used to employ any person to
fill a job opening created by the act of an employer in laying off or
terminating employment of any regular employee, otherwise reducing the regular
workforce not supported under ORS 418.650 to 418.663, in anticipation of
filling the vacancy so created by hiring a person to be supported under ORS
418.650 to 418.663.
     (2) Where a labor organization represents
employees who are engaged in similar work or a workersÂ’ cooperative is engaged
in work in the same area to that proposed to be performed under the program for
which an application is being developed, the organization or cooperative shall
be notified and shall be afforded a reasonable period of time prior to the submission
of the application in which to make comments to the applicant and to the
program director of the Oregon Youth Conservation Corps. [1987 c.326 §9; 1991
c.581 §6; 1999 c.71 §5]
     Note: See note under 418.650.
A. R. BURBANK
TRUST FUND
     418.675
Powers and duties of trustees of A. R. Burbank Trust Fund. The Governor, Secretary of State and State
Treasurer constitute the Board of Trustees of the A. R. Burbank Trust Fund and
may receive or reject on behalf of the state all moneys and property, real and
personal, given, devised or bequeathed to the State of Oregon in trust for the
use and benefit of an orphansÂ’ home located at Salem or Portland; make, on
behalf of the state, all deeds of conveyance conveying real property owned by
the state as trustee; receive and satisfy mortgages in that behalf and execute
all other contracts or instruments necessary to be executed on behalf of the
state for the above-named purposes. Such board of trustees shall have full
control and management of said trust funds and may loan and invest the same on
good securities, in the same manner that funds of the Common School Fund are
loaned. The same laws governing the school fund shall apply to loans made from
this fund as far as practicable. All lawful expenses necessarily incurred in
loaning said money or in the management of said fund may be paid out of the
interest. No part of the principal shall ever be used toward the support of
such home. [Formerly 419.452]
     418.680
Annual report of trustees.
On October 1 of each year the Board of Trustees of the A. R. Burbank Trust Fund
shall make and file with the Secretary of State a full report of the condition
of the trust fund, showing the amount thereof, moneys outstanding and any other
data necessary to a full understanding of its condition. [Formerly 419.454;
1975 c.605 §20]
     418.685
Certain agencies declared to be orphansÂ’ homes. For the purposes of ORS 418.675, the BoysÂ’
and GirlsÂ’ Aid Society and the Baby Home at
GENERAL
POLICY
     418.687 [1973 c.629 §1; 1981 c.230 §1; repealed by
1989 c.786 §13; amended by 1989 c.904 §64; amendment treated as reenactment,
see 418.688]
     418.688
Policy. The Legislative
Assembly recognizes that it is in the public interest to provide employment for
young people within the existing administrative and financial capabilities of
the Department of Transportation, the State Fish and Wildlife Commission, the
State Forestry Department, the State Parks and Recreation Department and the Department
of State Lands. [1989 c.904 §64 amending 418.687 treated as reenactment of
418.687 repealed by 1989 c.786 §13]
     418.690 [1973 c.629 §2; repealed by 1989 c.786 §13]
YOUTH SPORTS
ACTIVITIES
     418.691
Definitions for ORS 418.691 to 418.701. As used in ORS 418.691 to 418.701:
     (1) “Subject individual” means any person
who is or will be directly involved with the coaching or supervision of
children participating in an organized youth sports activity.
     (2) “Youth sports activity” does not
include any activity operated by a school district or public charter school.
     (3) “Youth sports provider” means any
person, organization or agency that operates in
     Note: 418.691 to 418.701 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
418 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.693 [1973 c.629 §3; repealed by 1989 c.786 §13]
     418.695 [1973 c.629 §4; repealed by 1989 c.786 §13]
     418.696
Youth sports providers encouraged to perform certain activities related to
qualifications of coaches or supervisors. Every youth sports provider is encouraged to:
     (1) Create and adopt a list of crimes that
disqualify a subject individual from coaching or supervising a youth sports
activity for the youth sports provider if the subject individual has been
convicted of the crime or has been convicted of a substantially equivalent
crime in another jurisdiction;
     (2) Complete a criminal records check on
subject individuals who coach or supervise a youth sports activity for the
youth sports provider; and
     (3) Require all subject individuals who
coach or supervise a youth sports activity to complete a sports education
program. [2001 c.550 §2]
     Note: See note under 418.691.
     418.697 [1973 c.629 §5; repealed by 1989 c.786 §13]
     418.699
Additional duties or liabilities not imposed on youth sports providers. Nothing in ORS 418.691 to 418.701 imposes
any additional duty or liability on any youth sports provider by reason of the
youth sports provider not performing a duty that is encouraged by ORS 418.696. [2001
c.550 §4]
     Note: See note under 418.691.
     418.701
Youth sports providers authorized to request criminal background checks from Department
of State Police. (1) Upon
the request of a youth sports provider, and in compliance with procedures
adopted by the Department of State Police under ORS 181.555, the Department of
State Police shall furnish to the authorized staff of the youth sports provider
such information on a subject individual as the Department of State Police may
have in its possession from its central bureau of criminal identification, including
but not limited to manual or computerized criminal offender information. With
the approval of the Department of State Police, a local law enforcement agency
may furnish the information described in this subsection to a youth sports
provider.
     (2)(a) Subsequent to furnishing the
information required under subsection (1) of this section, the Department of
State Police shall conduct nationwide criminal records checks of the subject
individual through the Federal Bureau of Investigation by use of the subject
individualÂ’s fingerprints and shall report the results to the staff of the
youth sports provider, who must be specifically authorized to receive the
information. In accordance with the procedures of the Department of State
Police, a local law enforcement agency may conduct the criminal records check
described in this paragraph if the local law enforcement agency has received
approval under subsection (1) of this section.
     (b) The Department of State Police or a
local law enforcement agency may not transfer the fingerprint card used to
conduct a criminal records check unless the public agency or person receiving
the fingerprint card agrees to destroy the fingerprint card or return the
fingerprint card to the Department of State Police or local law enforcement
agency.
     (c) If a public agency or person returns a
fingerprint card to the Department of State Police or local law enforcement
agency, the Department of State Police or local law enforcement agency shall
destroy the fingerprint card or return the fingerprint card to the subject
individual. The Department of State Police or local law enforcement agency may
not keep a record of the fingerprints. [2001 c.550 §3]
     Note: See note under 418.691.
MISCELLANEOUS
PROVISIONS
     418.702
Training and continuing education for mandatory reporters; notice to persons
required to report child abuse.
(1) The Department of Human Services shall implement a training and continuing
education curriculum for persons other than law enforcement officers required
by law to investigate allegations of child abuse. The curriculum shall address
the areas of training and education necessary to facilitate the skills
necessary to investigate reports of child abuse and shall include but not be
limited to:
     (a) Assessment of risk to the child;
     (b) Dynamics of child abuse, child sexual
abuse and rape of children; and
     (c) Legally sound and age appropriate
interview and investigatory techniques.
     (2) The Oregon State Bar and each board
that licenses, certifies or registers public and private officials required to
report child abuse under ORS 419B.010 shall identify those persons regulated by
the board who in their official capacity have regular and on-going contact with
children and shall notify those persons every two years of their duty to report
child abuse. Such notice shall contain what the person is required to report
and where such report shall be made and also advise of the symptoms to look for
and provide a contact number for further information.
     (3) The department shall develop content
of the notice for such a mailing. The cost of distribution shall be paid by the
board.
     (4) The department shall develop and make
available, at cost, training materials that may be used at training conferences
and other similar events involving such public and private officials, as
defined in ORS 419B.005. [Formerly 418.749]
     Note: 418.702 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.704
Youth Suicide Prevention Coordinator; duties. There is established a Youth Suicide Prevention Coordinator within the
Department of Human Services. The coordinator shall:
     (1) Facilitate the development of a
statewide strategic plan to address youth suicide;
     (2) Improve outreach to special
populations of youth that are at risk for suicide; and
     (3) Provide technical assistance to state
and local partners and coordinate interagency efforts to establish prevention
and intervention strategies. [Formerly 418.756]
     Note: 418.704 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.705 [1961 c.621 §1; repealed by 1989 c.786 §13]
     418.706
State Technical Assistance Team for child fatalities; duties. The State Technical Assistance Team for
child fatalities is established in the Department of Human Services. The
purpose of the State Technical Assistance Team is to provide staff support for
the statewide interdisciplinary team, as described in ORS 418.748, and, upon
request, to provide technical assistance to the child fatality review teams established
under ORS 418.785. The duties of the State Technical Assistance Team shall
include but are not limited to:
     (1) Designing, implementing and
maintaining an information management system for child fatalities;
     (2) Providing training assistance and support
for identified individuals on county multidisciplinary child abuse teams in
accurate data collection and input;
     (3) Compiling and analyzing data on child
fatalities;
     (4) Using data concerning child deaths to
identify strategies for the prevention of child fatalities and serving as a
resource center to promote the use of the strategies at the county level; and
     (5) Upon request of a county
multidisciplinary child abuse team, providing technical assistance and
consultation services on a variety of issues related to child fatalities
including interagency agreements, team building, case review and prevention
strategies. [Formerly 418.753]
     Note: 418.706 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.710 [1961 c.621 §4; repealed by 1989 c.786 §13]
DOMESTIC
VIOLENCE FATALITY REVIEW TEAMS
     418.712
Definitions for ORS 418.714 and 418.718. As used in ORS 418.714 and 418.718, “domestic violence fatality” means
a fatality in which:
     (1) The deceased was the victim of a
homicide committed by a current or former spouse, fiancé, fiancée or dating
partner;
     (2) The deceased was the victim of a suicide
and there is evidence that the suicide is related to previous domestic
violence;
     (3) The deceased was the perpetrator of
the homicide of a current or former spouse, fiancé, fiancée or dating partner
and the perpetrator also died in the course of the domestic violence incident;
     (4) The deceased was a child who died in
the course of a domestic violence incident in which either a parent of the
child or the perpetrator also died;
     (5) The deceased was a current or former
spouse, fiancé, fiancée or dating partner of the current or former spouse,
fiancé, fiancée or dating partner of the perpetrator; or
     (6) The deceased was a person 18 years of
age or older not otherwise described in this section and was the victim of a
homicide related to domestic violence. [2005 c.547 §1]
     Note: 418.712 to 418.718 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
418 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.714
Domestic violence fatality review teams. (1) A local domestic violence coordinating council recognized by the
local public safety coordinating council or by the governing body of the county
may establish a multidisciplinary domestic violence fatality review team to
assist local organizations and agencies in identifying and reviewing domestic
violence fatalities. When no local domestic violence coordinating council
exists, a similar interdisciplinary group may establish the fatality review team.
     (2) The purpose of a fatality review team
is to review domestic violence fatalities and make recommendations to prevent
domestic violence fatalities by:
     (a) Improving communication between public
and private organizations and agencies;
     (b) Determining the number of domestic
violence fatalities occurring in the teamÂ’s county and the factors associated
with those fatalities;
     (c) Identifying ways in which community
response might have intervened to prevent a fatality;
     (d) Providing accurate information about
domestic violence to the community; and
     (e) Generating recommendations for
improving community response to and prevention of domestic violence.
     (3) A fatality review team shall include
but is not limited to the following members, if available:
     (a) Domestic violence program service
staff or other advocates for battered women;
     (b) Medical personnel with expertise in
the field of domestic violence;
     (c) Local health department staff;
     (d) The local district attorney or the
district attorneyÂ’s designees;
     (e) Law enforcement personnel;
     (f) Civil legal services attorneys;
     (g) Protective services workers;
     (h) Community corrections professionals;
     (i) Judges, court administrators or their
representatives;
     (j) Perpetrator treatment providers;
     (k) A survivor of domestic violence; and
     (L) Medical examiners or other experts in
the field of forensic pathology.
     (4) Other individuals may, with the
unanimous consent of the team, be included in a fatality review team on an ad
hoc basis. The team, by unanimous consent, may decide the extent to which the
individual may participate as a full member of the team for a particular
review.
     (5) Upon formation and before reviewing
its first case, a fatality review team shall adopt a written protocol for
review of domestic violence fatalities. The protocol must be designed to
facilitate communication among organizations and agencies involved in domestic
violence cases so that incidents of domestic violence and domestic violence
fatalities are identified and prevented. The protocol shall define procedures
for case review and preservation of confidentiality, and shall identify team
members.
     (6) Consistent with recommendations
provided by the statewide interdisciplinary team under ORS 418.718, a local
fatality review team shall provide the statewide team with information
regarding domestic violence fatalities.
     (7) To ensure consistent and uniform
results, fatality review teams may collect and summarize data to show the
statistical occurrence of domestic violence fatalities in the teamÂ’s county.
     (8) Each organization or agency
represented on a fatality review team may share with other members of the team
information concerning the victim who is the subject of the review. Any
information shared between team members is confidential.
     (9) An individual who is a member of an
organization or agency that is represented on a fatality review team is not
required to disclose information. The intent of this section and ORS 418.718 is
to allow the voluntary disclosure of information.
     (10) An oral or written communication or a
document related to a domestic violence fatality review that is shared within
or produced by a fatality review team is confidential, not subject to
disclosure and not discoverable by a third party. An oral or written
communication or a document provided by a third party to a fatality review team
is confidential, not subject to disclosure and not discoverable by a third
party. All information and records acquired by a team in the exercise of its
duties are confidential and may be disclosed only as necessary to carry out the
purposes of the fatality review. However, recommendations of a team upon the
completion of a review may be disclosed without personal identifiers at the
discretion of two-thirds of the members of the team.
     (11) Information, documents and records
otherwise available from other sources are not immune from discovery or
introduction into evidence solely because the information, documents or records
were presented to or reviewed by a fatality review team.
     (12) ORS 192.610 to 192.690 do not apply
to meetings of a fatality review team.
     (13) Each fatality review team shall
develop written agreements signed by member organizations and agencies that
specify the organizationsÂ’ and agenciesÂ’ understanding of and agreement with
the principles outlined in this section. [2005 c.547 §2]
     Note: See note under 418.712.
     418.715 [1961 c.621 §§2,5; repealed by 1989 c.786 §13]
     418.718
Statewide team. (1) The
Department of Human Services may form a statewide interdisciplinary team to
meet twice a year to review domestic violence fatality cases, identify domestic
violence trends, make recommendations and take actions involving statewide
issues.
     (2) The statewide interdisciplinary team
may recommend specific cases to a local multidisciplinary domestic violence
fatality review team for review under ORS 418.714.
     (3) The statewide interdisciplinary team
shall provide recommendations to local fatality review teams in the development
of protocols. The recommendations must be designed to facilitate communication
among organizations and agencies involved in domestic violence fatality cases
so that incidents of domestic violence and fatalities related to domestic
violence are identified and prevented. The recommendations must include
procedures relevant for both urban and rural counties. [2005 c.547 §3]
     Note: See note under 418.712.
     418.720 [1961 c.621 §3; repealed by 1989 c.786 §13]
     418.725 [1961 c.621 §6; repealed by 1989 c.786 §13]
     418.730 [1961 c.621 §7; repealed by 1989 c.786 §13]
     418.740 [1971 c.451 §2; 1973 c.408 §32; 1975 c.644 §2;
1979 c.731 §4; 1985 c.723 §1a; 1989 c.65 §1; 1989 c.721 §§9,51; 1991 c.386 §11;
1991 c.544 §1; repealed by 1993 c.546 §141]
     418.745 [1971 c.451 §1; 1975 c.644 §3; repealed by
1993 c.546 §141]
INVESTIGATION
OF CHILD ABUSE, RAPE AND SUICIDE
     418.746
Child Abuse Multidisciplinary Intervention Account; uses; eligibility determination;
plans; rules. (1) The Child
Abuse Multidisciplinary Intervention Account is established separate and
distinct from the General Fund. Interest earned, if any, shall inure to the
benefit of the account. All moneys deposited in the account are continuously
appropriated to the Department of Justice for the purposes of ORS 418.751 and
this section.
     (2) The Child Abuse Multidisciplinary
Intervention Program, with the advice of the Advisory Council on Child Abuse
Assessment, created by ORS 418.784, shall allocate moneys from the Child Abuse
Multidisciplinary Intervention Account to eligible county multidisciplinary
child abuse teams formed under ORS 418.747, or entities designated by the
teams, serving the counties from which the moneys were collected. The program
may award only one grant per county. The moneys shall be allocated by the same
formula as, or a formula similar to, the formula used by the Attorney General
for equitable distribution of the fund for victimÂ’s assistance programs under
ORS 147.227 (1). Moneys allocated under this subsection may not be used as
replacement revenues for currently available funds previously allocated by the
county for child abuse intervention.
     (3) The Child Abuse Multidisciplinary
Intervention Program shall determine eligibility of the applicants and:
     (a) Allocate funds if the applicant is
deemed eligible;
     (b) Conditionally allocate funds, with
appropriate conditions, when necessary to establish eligibility; or
     (c) Deny funding.
     (4) In making the eligibility
determination, the Child Abuse Multidisciplinary Intervention Program shall
consider the following nonexclusive list of factors:
     (a) Whether the services offered by an
applicant substantially further the goals and purposes of ORS 418.747, 418.790
and 418.792;
     (b) Whether the county multidisciplinary
child abuse team or the entity designated by the team has properly allocated
other available funds;
     (c) Any evaluations of previously funded
services as required by subsection (7) of this section;
     (d) The extent to which the county’s
coordinated child abuse multidisciplinary intervention plan provides for
comprehensive services to the victims of child abuse;
     (e) Whether the funds are being used as
replacement revenues as prohibited by subsection (2) of this section;
     (f) Whether there is a community
assessment center or advocacy center in existence or planned in the county; and
     (g) The extent to which funding a
community assessment center is given priority in the intervention plan as
required under subsection (5) of this section.
     (5)(a) At least once a biennium, the
county multidisciplinary child abuse team shall submit to the Child Abuse
Multidisciplinary Intervention Program a coordinated child abuse
multidisciplinary intervention plan. The intervention plan must:
     (A) Describe all sources of funding, other
than moneys that may be allocated from the Child Abuse Multidisciplinary
Intervention Account, including in-kind contributions that are available for
the intervention plan;
     (B) Describe the critical needs of victims
of child abuse in the county, including but not limited to assessment, advocacy
and treatment, and how the intervention plan addresses those needs in a
comprehensive manner;
     (C) Include the county’s written protocol
and agreements required by ORS 418.747 (2) and 418.785; and
     (D) Describe how the intervention plan
gives priority to funding a community assessment center and how the funding
supports the center.
     (b) When submitting the intervention plan,
the county multidisciplinary child abuse team shall also submit:
     (A) Those applications for funding
received from entities under subsection (6) of this section that the team
determines best meet the needs of the countyÂ’s intervention plan and a
recommendation that the applications for funding be granted; and
     (B) If the team is seeking funding from
the Child Abuse Multidisciplinary Intervention Program, an application setting
forth the information required by rule of the program.
     (6) An entity wishing to apply for funding
from the Child Abuse Multidisciplinary Intervention Program shall submit an
application to the county multidisciplinary child abuse team for the county in
which the entity proposes to provide services. The application shall:
     (a) Describe the services to be funded
with moneys from the Child Abuse Multidisciplinary Intervention Program
according to the coordinated child abuse multidisciplinary intervention plan
and the anticipated outcomes in terms of benefits to children and families; and
     (b) Describe how the services further the
goals and purposes of ORS 418.747, 418.790 and 418.792.
     (7)(a) A designated entity providing
services according to a coordinated child abuse multidisciplinary intervention
plan funded with moneys from the Child Abuse Multidisciplinary Intervention
Program shall submit an annual report to the county multidisciplinary child
abuse team. A multidisciplinary child abuse team shall submit an annual report
to the Child Abuse Multidisciplinary Intervention Program.
     (b) The annual report filed by the county
multidisciplinary child abuse team must:
     (A) Document how the moneys were utilized
and describe to what extent the services were able to meet anticipated outcomes
in terms of benefits to children and families.
     (B) Include local and state issues and
recommendations relating to the prevention of child fatalities identified in
the fatality review process under ORS 418.785.
     (c) A county multidisciplinary child abuse
team receiving a report from a designated entity shall review the report and
take into account success of the entity at meeting service outcomes before
making future recommendations regarding allocation of moneys.
     (d) The Child Abuse Multidisciplinary
Intervention Program shall review reports received under this section before
making future eligibility and allocation decisions and when evaluating services
funded under this section.
     (8) Two or more county multidisciplinary
child abuse teams may join together to develop joint child abuse
multidisciplinary intervention plans. The joint intervention plans shall be
submitted as provided in subsection (5) of this section.
     (9) The Child Abuse Multidisciplinary
Intervention Program may adopt rules to carry out the provisions of ORS 418.751
and this section including, but not limited to, the following:
     (a) Notices and time limits for
applications;
     (b) Method of review and the role of
advisory bodies; and
     (c) Reallocation of moneys not applied for
or disbursed. [1993 c.637 §§3,7; 1997 c.872 §31; 2001 c.624 §4; 2001 c.829 §8;
2003 c.354 §1; 2005 c.562 §5]
     Note: 418.746 to 418.796 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
418 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     418.747
County teams for investigation; duties; training; method of investigation;
designated medical professional. (1) The district attorney in each county shall be responsible for
developing county multidisciplinary child abuse teams to consist of but not be
limited to law enforcement personnel, Department of Human Services child
protective service workers, school officials, county health department
personnel, county mental health department personnel who have experience with
children and family mental health issues, child abuse intervention center
workers, if available, and juvenile department representatives, as well as
others specially trained in child abuse, child sexual abuse and rape of
children investigation.
     (2) The teams shall develop a written
protocol for immediate investigation of and notification procedures for child
abuse cases and for interviewing child abuse victims. Each team also shall
develop written agreements signed by member agencies that are represented on
the team that specify:
     (a) The role of each agency;
     (b) Procedures to be followed to assess
risks to the child;
     (c) Guidelines for timely communication between
member agencies;
     (d) Guidelines for completion of
responsibilities by member agencies;
     (e) That upon clear disclosure that the
alleged child abuse occurred in a child care facility as defined in ORS
657A.250, immediate notification of parents or guardians of children attending
the child care facility is required regarding any abuse allegation and pending
investigation; and
     (f) Criteria and procedures to be followed
when removal of the child is necessary for the childÂ’s safety.
     (3) Each team member and the personnel
conducting child abuse investigations and interviews of child abuse victims
shall be trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children and legally sound and age appropriate interview and
investigatory techniques.
     (4) All investigations of child abuse and
interviews of child abuse victims shall be carried out by appropriate personnel
using the protocols and procedures called for in this section. If trained
personnel are not available in a timely fashion and, in the judgment of a law
enforcement officer or child protective services worker, there is reasonable
cause to believe a delay in investigation or interview of the child abuse
victim could place the child in jeopardy of physical harm, the investigation
may proceed without full participation of all personnel. This authority applies
only for as long as reasonable danger to the child exists. A law enforcement
officer or child protective services worker shall make a reasonable effort to
find and provide a trained investigator or interviewer.
     (5) To ensure the protection and safe
placement of a child, the Department of Human Services may request that team
members obtain criminal history information on any person who is part of the
household where the department may place or has placed a child who is in the
departmentÂ’s custody. All information obtained by the team members and the
department in the exercise of their duties is confidential and may be disclosed
only when necessary to ensure the safe placement of a child.
     (6) Each team shall classify, assess and
review cases under investigation.
     (7)(a) Each team shall develop and
implement procedures for evaluating and reporting compliance of member agencies
with the protocols and procedures required under this section. Each team shall
submit to the administrator of the Child Abuse Multidisciplinary Intervention
Program copies of the protocols and procedures required under this section and
the results of the evaluation as requested.
     (b) The administrator may:
     (A) Consider the evaluation results when
making eligibility determinations under ORS 418.746 (3);
     (B) If requested by the Advisory Council
on Child Abuse Assessment, ask a team to revise the protocols and procedures
being used by the team based on the evaluation results; or
     (C) Ask a team to evaluate the team’s
compliance with the protocols and procedures in a particular case.
     (c) The information and records compiled
under this subsection are exempt from ORS 192.410 to 192.505.
     (8) Each team shall develop policies that
provide for an independent review of investigation procedures of sensitive
cases after completion of court actions on particular cases. The policies shall
include independent citizen input. Parents of child abuse victims shall be
notified of the review procedure.
     (9) Each team shall designate at least one
physician, physician assistant or nurse practitioner who has been trained to
conduct child abuse medical assessments, as defined in ORS 418.782, and who is,
or who may designate another physician, physician assistant or nurse
practitioner who is, regularly available to conduct the medical assessment
described in ORS 419B.023.
     (10) If photographs are taken pursuant to
ORS 419B.028, and if the team meets to discuss the case, the photographs shall
be made available to each member of the team at the first meeting regarding the
childÂ’s case following the taking of the photographs.
     (11) No later than September 1, 2008, each
team shall submit to the Department of Justice a written summary identifying
the designated medical professional described in subsection (9) of this
section. After that date, this information shall be included in each regular
report to the Department of Justice.
     (12) If, after reasonable effort, the team
is not able to identify a designated medical professional described in
subsection (9) of this section, the team shall develop a written plan outlining
the necessary steps, recruitment and training needed to make such a medical
professional available to the children of the county. The team shall also
develop a written strategy to ensure that each child in the county who is a
suspected victim of child abuse will receive a medical assessment in compliance
with ORS 419B.023. This strategy, and the estimated fiscal impact of any
necessary recruitment and training, shall be submitted to the Department of
Justice no later than September 1, 2008. This information shall be included in
each regular report to the Department of Justice for each reporting period in
which a team is not able to identify a designated medical professional
described in subsection (9) of this section. [1989 c.998 §4; 1991 c.451 §1;
1993 c.622 §5; 1995 c.134 §1; 1997 c.703 §2; 2001 c.900 §121; 2003 c.354 §2;
2005 c.562 §6; 2007 c.674 §6]
     Note: See note under 418.746.
     418.748
Statewide team on child abuse and suicide. (1) The Department of Human Services shall form a statewide
interdisciplinary team to meet twice a year to review child fatality cases
where child abuse or suicide is suspected, identify trends, make
recommendations and take actions involving statewide issues.
     (2) The statewide interdisciplinary team
may recommend specific cases to a child fatality review team for its review
under ORS 418.785.
     (3) The statewide interdisciplinary team
shall provide recommendations to child fatality review teams in the development
of protocols. The recommendations shall address investigation, training, case
selection and fatality review of child deaths, including but not limited to
child abuse and youth suicide cases. [1989 c.998 §5; 1991 c.451 §4; 1997 c.714 §2;
2005 c.562 §7]
     Note: See note under 418.746.
     418.749 [1989 c.998 §6; 1993 c.546 §104; 1993 c.622 §6;
renumbered 418.702 in 2005]
     418.750 [1971 c.451 §3; 1973 c.110 §2; 1975 c.644 §4;
1981 c.892 §94; repealed by 1993 c.546 §141]
     418.751
Training and education for persons investigating child abuse. (1) The Department of Human Services, as
provided in ORS 418.702, and the Department of Justice shall ensure that
training and education are provided for persons, other than law enforcement
officers, who are required to investigate allegations of child abuse. The
Department of Human Services and the Department of Justice shall consult with
the State Commission on Children and Families in assessing the grant funding
that might be distributed to enhance and support training and continuing
education for the county multidisciplinary child abuse teams.
     (2) The Department of Human Services and
the Department of Justice shall work with the Board on Public Safety Standards
and Training to ensure that the training that is offered to persons under
subsection (1) of this section and ORS 418.702 is coordinated with the training
given to law enforcement officers. [1993 c.637 §§6,12; 2001 c.624 §5; 2005
c.562 §8]
     Note: See note under 418.746.
     418.753 [1995 c.757 §1; 1997 c.714 §3; 2005 c.562 §9;
renumbered 418.706 in 2005]
     418.755 [1971 c.451 §4; 1975 c.644 §7; 1977 c.741 §1;
repealed by 1993 c.546 §141]
     418.756 [1997 c.714 §1; renumbered 418.704 in 2005]
     418.760 [1971 c.451 §5; 1975 c.644 §8; 1977 c.741 §2;
1983 c.815 §13; 1985 c.723 §2; 1989 c.998 §2; repealed by 1993 c.546 §141]
     418.762 [1975 c.644 §6; repealed by 1993 c.546 §141]
     418.764 [1977 c.97 §2; repealed by 1993 c.546 §141]
     418.765 [1971 c.451 §6; 1973 c.306 §1; 1975 c.644 §9;
1977 c.741 §3; 1989 c.371 §1; repealed by 1993 c.546 §141]
     418.770 [1971 c.451 §7; 1973 c.306 §2; 1975 c.644 §10;
1977 c.741 §4; 1983 c.153 §1; 1985 c.601 §1; 1987 c.906 §8; 1993 c.33 §330;
repealed by 1993 c.546 §141]
     418.775 [Formerly 146.770; 1973 c.110 §1; 1975 c.644
§11; 1981 c.892 §95; repealed by 1993 c.546 §141]
     418.780
Purpose. (1) The Legislative
Assembly recognizes that:
     (a) Protection of the child is of primary
importance.
     (b) A serious need exists for a
coordinated multidisciplinary approach to the prevention and investigation of
child abuse, for intervention and for the treatment of children who are victims
of child abuse in a manner that is sensitive to the needs of children. No child
in this state should be denied access to a child abuse medical assessment
because of an inability to pay. The cost of not assessing and treating abused
children with the aid of specially trained personnel is too high.
     (2) The purpose of ORS 418.746 to 418.796
is to establish and maintain:
     (a) Sufficient county multidisciplinary
child abuse teams to conduct timely investigations of allegations of child
abuse and provide comprehensive services to victims of child abuse through
coordinated child abuse multidisciplinary intervention plans.
     (b) Sufficient regional assessment centers
and community assessment centers in
     Note: See note under 418.746.
     418.782
Definitions for ORS 418.746 to 418.796. As used in ORS 418.746 to 418.796:
     (1) “Child abuse” means “abuse” as defined
by ORS 419B.005.
     (2) “Child abuse medical assessment” means
an assessment by or under the direction of a licensed physician or other
licensed health care professional trained in the evaluation, diagnosis and
treatment of child abuse. “Child abuse medical assessment” includes the taking
of a thorough medical history, a complete physical examination and an interview
for the purpose of making a medical diagnosis, determining whether or not the
child has been abused and identifying the appropriate treatment or referral for
follow-up for the child.
     (3) “Community assessment center” means a
neutral, child-sensitive community-based facility or service provider to which
a child from the community may be referred to receive a thorough child abuse
medical assessment for the purpose of determining whether the child has been
abused or neglected.
     (4) “Regional assessment center” means a
facility operated by a community assessment center that provides child abuse medical
assessments, assistance with difficult or complex child abuse medical
assessments, education, training, consultation, technical assistance and
referral services for community assessment centers or county multidisciplinary
child abuse teams in a region or regions designated by the administrator of the
Child Abuse Multidisciplinary Intervention Program. [1991 c.898 §2; 1993 c.546 §105;
1993 c.622 §8; 1997 c.872 §33; 1997 c.873 §32; 2005 c.562 §10]
     Note: See note under 418.746.
     418.783
Child Abuse Multidisciplinary Intervention Program. (1) The Child Abuse Multidisciplinary
Intervention Program is established in the Department of Justice. The purpose
of the program is to:
     (a) Establish and maintain a coordinated
multidisciplinary community-based system for responding to allegations of child
abuse that is sensitive to the needs of children;
     (b) Ensure the safety and health of
children who are victims of child abuse to the greatest extent possible; and
     (c) Administer the grant programs
established under ORS 418.746 and 418.786.
     (2) The Attorney General or the Attorney
GeneralÂ’s designee is the administrator of the Child Abuse Multidisciplinary
Intervention Program and of the Child Abuse Multidisciplinary Intervention
Account established in ORS 418.746. [2005 c.562 §2]
     Note: See note under 418.746.
     418.784
Advisory Council on Child Abuse Assessment; membership; officers; meetings;
quorum. (1) There is created
the Advisory Council on Child Abuse Assessment, consisting of at least nine
members appointed by the Attorney General. The Attorney General shall serve as
an ex officio member of the council. The council shall direct the administrator
of the Child Abuse Multidisciplinary Intervention Program on the administration
of funds to establish and maintain regional assessment centers or community
assessment centers under ORS 418.746 to 418.796.
     (2) Of the members appointed to the
council:
     (a) One member shall be an employee of the
Department of Human Services with duties related to child protective services;
     (b) One member shall be a physician
licensed to practice medicine in
     (c) One member shall be a person having
experience dealing with child abuse;
     (d) One member shall be a district
attorney or the designee of a district attorney;
     (e) One member shall be an employee of a
law enforcement agency, in addition to the member who is a district attorney or
the designee of a district attorney;
     (f) One member shall be from an operating
regional assessment center; and
     (g) At least three members shall be
citizens with appropriate interest in advocating for the medical interest of
abused children.
     (3) Members of the council who are not
state employees:
     (a) Are not entitled to compensation; and
     (b) Are entitled to reimbursement for
actual and necessary travel expenses incurred by them in the performance of
their official duties as members of the council if there are sufficient funds
available in the Child Abuse Multidisciplinary Intervention Account established
in ORS 418.746.
     (4) Members of the council who are state
employees carrying out their state employment functions are entitled to
compensation and reimbursement by their employing agencies for actual and
necessary travel and other expenses incurred by them in the performance of
their official duties as members of the council.
     (5) The council shall elect one of its
members to serve as chairperson, for such terms and with such duties and powers
as the council determines.
     (6) The council shall meet at least four
times per year at a place, day and hour determined by the council.
     (7) A majority of the members of the
council constitutes a quorum for the transaction of business. [1991 c.898 §3;
1993 c.33 §332; 1997 c.872 §34; 1999 c.59 §115; 2001 c.624 §7; 2003 c.354 §3;
2005 c.562 §25]
     Note: See note under 418.746.
     418.785
Child Fatality Review Teams.
(1) Each county multidisciplinary child abuse team shall establish a child
fatality review team to conduct child fatality reviews. The purpose of the
review process is to help prevent severe and fatal child abuse and neglect by:
     (a) Identifying local and state issues
related to preventable child fatalities; and
     (b) Promoting implementation of
recommendations at the county level.
     (2) In establishing the review process and
carrying out reviews, the child fatality review team shall be assisted by the
county medical examiner or county health officer as well as other professionals
who are specially trained in areas relevant to the purpose of the team.
     (3) The categories of fatalities reviewed
by the child fatality review team include:
     (a) Child fatalities in which child abuse
or neglect may have occurred at any time prior to death or may have been a
factor in the fatality;
     (b) Any category established by the county
multidisciplinary child abuse team;
     (c) All child fatalities where the child
is less than 18 years of age and there is an autopsy performed by the medical
examiner; and
     (d) Any specific cases recommended for
local review by the statewide interdisciplinary team established under ORS
418.748.
     (4) A child fatality review team shall
develop a written protocol for review of child fatalities. The protocol shall
be designed to facilitate communication and the exchange of information between
persons who perform autopsies and those professionals and agencies concerned
with the prevention, investigation and treatment of child abuse and neglect.
     (5) Within the guidelines, and in a
format, established by the statewide interdisciplinary team established under ORS
418.748, the child fatality review team shall provide the statewide
interdisciplinary team with information regarding the categories of child
fatalities described under subsection (3) of this section.
     (6) Upon the conclusion of a criminal case
involving a child fatality, or upon the conclusion of a direct appeal if one is
taken, the district attorney may submit a letter to the Governor and the
Director of Human Services outlining recommendations for the systemic
improvement of child abuse investigations. [2005 c.562 §20; 2007 c.674 §8]
     Note: See note under 418.746.
     418.786
Grant program. To accomplish
the purpose described in ORS 418.780, with the assistance of the Advisory
Council on Child Abuse Assessment, the administrator of the Child Abuse Multidisciplinary
Intervention Program shall develop and administer a grant program to establish
and maintain regional assessment centers and community assessment centers under
ORS 418.746 to 418.796. [1991 c.898 §4; 1993 c.33 §333; 1997 c.872 §35; 2001
c.624 §8; 2005 c.562 §11]
     Note: See note under 418.746.
     418.788
Grant application; criteria for awarding grants; rules. (1) Subject to the availability of funds
under the provisions of ORS 418.796, the administrator of the Child Abuse
Multidisciplinary Intervention Program shall make grants for the establishment
and maintenance of regional assessment centers or community assessment centers.
     (2) A public or private agency may apply
to the administrator for a grant to establish and maintain a regional assessment
center or community assessment center under ORS 418.746 to 418.796. The
administrator may consolidate applications from more than one public or private
agency or may return the application with the recommendation that the
application be consolidated.
     (3) The administrator shall by rule
establish criteria for awarding grants to establish and maintain regional
assessment centers or community assessment centers under ORS 418.746 to
418.796, including but not limited to:
     (a) Expenses eligible for reimbursement
from funds under ORS 418.796;
     (b) The extent to which the applicant’s
proposed assessment center will best accomplish the purposes of ORS 418.746 to
418.796;
     (c) The extent to which an applicant meets
criteria for receiving a grant to establish and maintain a regional assessment
center or community assessment center; and
     (d) For a regional assessment center, the
extent to which the applicantÂ’s proposed assessment center meets the documented
needs of the communities, community assessment centers and county
multidisciplinary child abuse teams in the region or regions to be served by
the center.
     (4) The administrator is not required to
fund any grant in the total amount requested in the application. [1991 c.898 §5;
1993 c.33 §334; 1997 c.872 §36; 2001 c.624 §9; 2003 c.354 §4; 2005 c.562 §12]
     Note: See note under 418.746.
     418.790
Application contents for regional centers. Each application for funds to establish or maintain a regional
assessment center shall include:
     (1) A description of how the services of
the proposed regional assessment center are to be delivered, including but not
limited to:
     (a) A coordinated investigation of child
abuse allegations;
     (b) A child abuse medical assessment in
the region or regions served by the center, including assessments requested by
county multidisciplinary child abuse teams;
     (c) A neutral, nonintrusive video-recorded
interview pursuant to interviewing guidelines adopted by the Advisory Council
on Child Abuse Assessment;
     (d) Mental health treatment or referral
for mental health treatment, if indicated as necessary by the assessments; and
     (e) A complete written report of the
assessment results.
     (2) A description of any interagency
agreements, as required by ORS 418.747, with the Department of Human Services, local
law enforcement agencies, other regional assessment centers or other agencies
involved in child abuse cases.
     (3) A description of procedures to be
followed in the proposed regional assessment center, including but not limited
to:
     (a) The contents, availability and
distribution of written reports for each assessment;
     (b) The availability of regional
assessment center staff to testify in cases involving alleged abuse of children
evaluated by the assessment center;
     (c) Coordination with child witness
programs and other child advocacy groups;
     (d) The level of support available to the
regional assessment center through in-kind contributions from the community;
and
     (e) A plan for providing training,
education, consultation, technical assistance and referral services to
community assessment centers or intervention services in the region.
     (4) Evidence indicating that the applicant
has state-of-the-art equipment and adequately trained staff to perform child
abuse medical assessments and interviews, including but not limited to:
     (a) A physician who is trained in the
evaluation, diagnosis and treatment of child abuse and who is licensed to
practice medicine in
     (b) An interviewer who has an advanced
academic degree in human services or who has comparable specialized training
and experience.
     (5) A description of where the regional
assessment center is to be physically located, including but not limited to a
hospital, medical clinic or other appropriate public or private agency. The
proposed center may not be located in an office of the Department of Human
Services or in the office of any law enforcement agency.
     (6) A description of the region to be
served.
     (7) A description of the geographic
location of the proposed regional assessment center. The proposed center shall
be located so that it is reasonably accessible by the community assessment
centers in the region.
     (8) Evidence that the applicant has a
sufficiently trained staff to provide education, training, consultation,
technical assistance and referral services for community assessment centers in
the region. [1991 c.898 §§6,8; 1993 c.33 §335; 1997 c.872 §37; 2001 c.104 §147;
2001 c.624 §14; 2003 c.354 §5; 2005 c.562 §13]
     Note: See note under 418.746.
     418.792
Application contents for community assessment center. Each application for funds to provide a
community assessment center shall include:
     (1) Evidence indicating that the applicant
has at least one medical practitioner trained in the evaluation, diagnosis and
treatment of child abuse and neglect.
     (2) A commitment by the medical
practitioner:
     (a) To attend annual continuing education
courses regarding evaluation and diagnosis of child abuse and neglect; and
     (b) To refer complex cases, as defined by
the Advisory Council on Child Abuse Assessment by rule, to a regional
assessment center.
     (3) Evidence indicating the proposed
community assessment center has access to special equipment used in the
evaluation of child abuse.
     (4) A description of where the community
assessment center is to be located, including but not limited to a hospital,
medical clinic or other appropriate public or private agency. However, the
proposed center shall not be located in an office of the Department of Human
Services or in the office of any law enforcement agency.
     (5) The level of support available to the
proposed community assessment center through in-kind contributions from the
community.
     (6) A description of procedures to be
followed by the proposed community assessment center, including the
availability of personnel from the community assessment center to testify in
cases involving alleged abuse of children evaluated by the center. [1991 c.898 §7;
1997 c.130 §10; 1997 c.872 §38; 2005 c.562 §14]
     Note: See note under 418.746.
     418.793
Report to Child Abuse Multidisciplinary Intervention Program; rules. Once each year, a regional assessment center
or community assessment center established under ORS 418.746 to 418.796 shall
submit a report to the Child Abuse Multidisciplinary Intervention Program
describing how the assessment center has met the purposes of ORS 418.746 to
418.796. The program may prescribe by rule a form for the report. [2001 c.624 §12;
2005 c.562 §15]
     Note: See note under 418.746.
     418.794
Confidentiality of video recordings. Video recordings produced pursuant to ORS 418.746 to 418.796 shall
remain in the custody of the regional assessment center or the community
assessment center and shall remain confidential and not subject to public
disclosure except under a lawfully issued subpoena and protective order. [1991
c.898 §9; 1993 c.33 §336; 2005 c.562 §16]
     Note: See note under 418.746.
     418.795
Confidentiality of information and records. (1) All information and records acquired by a county multidisciplinary
child abuse team established under ORS 418.747 or a child fatality review team
established under ORS 418.785 in the exercise of its duties are confidential
and may be disclosed only when necessary to carry out the purposes of the child
abuse investigation or the child fatality review process.
     (2) A member agency of a county
multidisciplinary child abuse team or a member of the team may use or disclose
protected health information without obtaining an authorization from an
individual or a personal representative of the individual if use or disclosure
is necessary for public health purposes, including the prevention,
investigation and treatment of child abuse.
     (3) A child fatality review team shall
have access to and subpoena power to obtain all medical records, hospital
records and records maintained by any state, county or local agency, including,
but not limited to, police investigative data, coroner or medical examiner
investigative data and social services records, as necessary to complete a
child abuse investigation or a review of a specific fatality under ORS 418.785.
     (4) As used in this section, “personal
representative” and “protected health information” have the meanings given
those terms in ORS 192.519. [2005 c.562 §19]
     Note: See note under 418.746.
     418.796
Authority of council to solicit and accept contributions. The Advisory Council on Child Abuse
Assessment may solicit and accept contributions of funds and assistance from
the
     Note: See note under 418.746.
     418.800
Review of certain cases by county multidisciplinary child abuse team. (1) If, in a case of alleged child sexual
abuse as described in ORS 419B.005 (1)(a)(C), (D) or (E) by a parent, guardian
or caregiver living in the childÂ’s home, the Department of Human Services asks
the parent, guardian or caregiver to move from the family home during the
investigation and the parent, guardian or caregiver consents to leave the
family home, the department shall notify the district attorney responsible for
the county multidisciplinary child abuse team for the county in which the child
resides about the case. The notification shall be in writing and be given no
later than three business days after the departure of the parent, guardian or
caregiver from the family home.
     (2) A parent, guardian or caregiver who
consents to leave the family home as described in subsection (1) of this
section or the spouse of the parent, guardian or caregiver may ask the district
attorney responsible for the team for a review of the case by the team.
     (3) No later than 90 days after receiving
a request under subsection (2) of this section, the team shall:
     (a) Review the case and consider at least
the following:
     (A) Whether the investigation should
continue;
     (B) The welfare of the child and the
adults living in the family home; and
     (C) The proposed timeline for completing
the investigation; and
     (b) Provide to the person who requested
the review a summary of the proposed timeline for completing the investigation.
     (4)(a) This section may not be construed
to create a new private right of action against a district attorney or any
member of a county multidisciplinary child abuse team.
     (b) A district attorney and members of a
county multidisciplinary child abuse team reviewing a case under subsection (2)
of this section are immune from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to reviewing a case, failing to
review a case referred to the team under subsection (2) of this section or
providing to the person who requested the review a summary of the proposed
timeline for completing the investigation.
     (c) The act of reviewing a case or failing
to review a case referred to the team under subsection (2) of this section or
providing or failing to provide a summary to the person who requested the
review may not be used by a defendant in any subsequent criminal prosecution or
juvenile proceeding. [2005 c.499 §2]
     Note: 418.800 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 418 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     Note: Section 7, chapter 674, Oregon Laws 2007,
provides:
     Sec.
7. No later than October 1,
2008, the Department of Justice shall submit to the appropriate interim
legislative committee a report documenting the progress in the implementation
of section 3 of this 2007 Act [419B.023] and the amendments to ORS 418.747,
418.785 and 419B.028 by sections 5, 6 and 8 of this 2007 Act. The report shall
also include, but is not limited to, any fiscal constraints encountered in the
implementation of section 3 of this 2007 Act and the amendments to ORS 418.747,
418.485 and 419B.028 by sections 5, 6 and 8 of this 2007 Act. [2007 c.674 §7]
     418.805 [1969 c.641 §1; 1977 c.717 §20; 1979 c.745 §1;
1987 c.794 §1; renumbered 657A.250 in 1993]
     418.810 [1969 c.641 §2; 1971 c.401 §48; 1975 c.311 §1;
1987 c.794 §4; 1993 c.344 §31; 1993 c.469 §6; renumbered 657A.280 in 1993]
     418.815 [1969 c.641 §3; 1971 c.401 §49; 1985 c.792 §2;
1991 c.390 §3; 1993 c.344 §32; renumbered 657A.290 in 1993]
     418.817 [1987 c.621 §12; 1987 c.794 §3; renumbered
657A.440 in 1993]
     418.820 [1969 c.641 §4; 1975 c.268 §1; 1985 c.792 §3;
1989 c.439 §2; 1991 c.390 §2; 1993 c.344 §33; renumbered 657A.260 in 1993]
     418.825 [1969 c.641 §5; 1971 c.401 §50; 1993 c.344 §34;
renumbered 657A.300 in 1993]
     418.830 [1969 c.641 §6; 1971 c.401 §51; 1975 c.311 §2;
1993 c.344 §35; renumbered 657A.310 in 1993]
     418.835 [1969 c.641 §7; 1971 c.401 §52; 1993 c.344 §36;
1993 c.733 §4; renumbered 657A.270 in 1993]
     418.840 [1969 c.641 §8; 1975 c.268 §2; 1993 c.344 §37;
1993 c.733 §5; renumbered 657A.350 in 1993]
     418.845 [1969 c.641 §9; 1971 c.401 §53; 1973 c.612 §19;
1993 c.344 §38; 1993 c.733 §6; renumbered 657A.360 in 1993]
     418.850 [1969 c.641 §11; 1971 c.401 §54; 1975 c.311 §3;
1993 c.344 §39; renumbered 657A.390 in 1993]
     418.855 [1969 c.641 §12; 1971 c.401 §55; 1987 c.794 §6;
1993 c.344 §40; renumbered 657A.400 in 1993]
     418.860 [1969 c.641 §13; 1971 c.401 §56; 1993 c.344 §41;
renumbered 657A.410 in 1993]
     418.865 [1969 c.641 §15; 1971 c.401 §57; 1993 c.344 §42;
renumbered 657A.420 in 1993]
     418.870 [1969 c.641 §14; 1971 c.401 §58; 1993 c.344 §43;
renumbered 657A.370 in 1993]
     418.875 [1969 c.641 §4a; 1971 c.401 §59; repealed by
1975 c.352 §2]
     418.880 [1969 c.641 §§4b,4c; 1971 c.401 §60;
repealed by 1975 c.352 §2]
     418.885 [1969 c.641 §10; 1971 c.401 §61; 1993 c.344 §44;
renumbered 657A.450 in 1993]
     418.890 [1979 c.745 §2; renumbered 657A.460 in 1993]
     418.900 [1979 c.524 §1; 1989 c.302 §1; renumbered
657A.500 in 1993]
     418.905 [1979 c.524 §2; 1985 c.650 §1; 1987 c.585 §2;
1989 c.302 §2; 1993 c.344 §45; renumbered 657A.510 in 1993]
     418.910 [1979 c.524 §3; 1989 c.302 §3; 1993 c.344 §46;
renumbered 657A.520 in 1993]
     418.915 [1979 c.524 §4; 1991 c.67 §109; 1993 c.344 §47;
renumbered 657A.530 in 1993]
     418.920 [1979 c.524 §5; 1991 c.67 §110; repealed by
1993 c.344 §49]
REFUGEE
CHILDREN
     418.925
“Refugee child” defined. As
used in ORS 418.925 to 418.945, “refugee child” is a person under 18 years of
age who has entered the United States and is unwilling or unable to return to
the personÂ’s country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a
particular group or political opinion, or whose parents entered the United
States within the preceding 10 years and are or were unwilling or unable to
return to their country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a
particular group or political opinion. [1985 c.358 §1]
     Note: The amendments to 418.925 by section 25,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 418.925 by section 25, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 418.925, as amended by section
25, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     418.925. As used in ORS 418.925 to 418.945, “refugee
child” is a person under 18 years of age who has entered the United States and
is unwilling or unable to return to the personÂ’s country because of persecution
or a well-founded fear of persecution on account of race, religion, sex, sexual
orientation, nationality, membership in a particular group or political
opinion, or whose parents entered the United States within the preceding 10
years and are or were unwilling or unable to return to their country because of
persecution or a well-founded fear of persecution on account of race, religion,
sex, sexual orientation, nationality, membership in a particular group or political
opinion.
     418.927
When refugee child may be removed from home; placement. (1) The Department of Human Services shall
not remove a refugee child from the childÂ’s home pursuant to ORS 419B.150 or
419C.080 unless, in addition to the requirements of ORS 419B.150 or 419C.080,
removal is necessary to prevent imminent serious emotional or physical harm to
the child and the provision of preventative or remedial services do not
alleviate the harm.
     (2) Whenever the department removes a
refugee child from the childÂ’s home pursuant to the temporary custody
provisions of ORS 419B.150 or 419C.080, the department shall place the child
according to ORS 418.937. [1985 c.358 §2; 1993 c.33 §338]
     418.930
Petition to juvenile court required upon removal of refugee child. Within one working day of the removal of a
refugee child, the Department of Human Services shall file a petition with the
juvenile court containing, in addition to the facts required by ORS 419B.809 or
419C.255, a specific and detailed account of the circumstances which led the
department to conclude that the child was in imminent danger of serious
emotional or physical harm. [1985 c.358 §5; 1993 c.33 §339; 2001 c.622 §43]
     418.933
Judicial determination on removal required. (1) No refugee child shall remain out of the childÂ’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. [1985 c.358 §6; 1993 c.33 §340; 2001
c.622 §44]
     418.935
Petition by relative of refugee child. Any person within the fifth degree of consanguinity of a refugee child
may petition the juvenile court for standing in actions arising under ORS
419B.150, 419C.080 or 419C.088 equal to that of the primary parenting family
where the primary parenting family has been determined incompetent, missing,
dead or has had parental rights terminated as a result of judicial proceedings.
[1985 c.358 §9; 1993 c.33 §341]
     418.937
Placement decision; order of preference for placement. When making any placement decision involving
a refugee child under ORS 419B.150, 419C.080 or 419C.088, the Department of
Human Services and the juvenile court shall consider that childÂ’s culture and
tradition. Unless shown to be inappropriate and inconsistent with the best
interests of the child, the department and juvenile court shall place the child
with the following in order of preference:
     (1) Natural parents.
     (2) Extended family members.
     (3) Members of the same cultural heritage.
     (4) Persons with knowledge and
appreciation of the cultural heritage of the child. [1985 c.358 §3; 1993 c.33 §342]
     418.939
Record for refugee child; content. The Department of Human Services shall maintain a record for each
refugee child in its care containing:
     (1) The name, age, former residence, legal
status, health records, sex, race and accumulated length of time in foster
care;
     (2) The name, former residence, health
history and character of each genetic parent;
     (3) The date of reception, placing out and
adoption of each child and the name, race, occupation and residence of the
person with whom a child is placed;
     (4) The date of the removal of any child
to another home and the reason for removal;
     (5) The date of termination of
guardianship;
     (6) The history of each child until the
child reaches 18 years of age, is legally adopted or is discharged according to
law; and
     (7) Such other further demographic
information as is required. [1985 c.358 §7]
     418.941
Refugee Child Welfare Advisory Committee; duties; access to juvenile records. (1) In cooperation with refugee community
resources, the Department of Human Services shall establish a Refugee Child
Welfare Advisory Committee. The department shall assist the committee in its
required tasks.
     (2) The committee shall:
     (a) Assist in the review of the department’s
implementation of ORS 418.925 to 418.945.
     (b) Assist in the identification,
development and certification of foster family homes that meet the requirements
of ORS 418.925 to 418.945 for the placement of refugee children. Special
emphasis shall be placed on locating refugee homes.
     (c) Assist the department in developing
training programs to insure the availability of culturally sensitive social
work.
     (3) Notwithstanding the provisions of ORS
40.225 to 40.275, 412.074, 419A.255, 419B.035 and 419B.045, the committee shall
have access to any records of the juvenile court which are pertinent to the
care of an individual refugee child. [1985 c.358 §4; 1993 c.33 §362; 1993 c.546
§106]
     418.943
Annual report. The
Department of Human Services shall publish annually a report on refugee
children in its care. The report shall include, by county and statewide,
information on legal status, living arrangement, age, sex, race, accumulated
length of time in foster care and other demographic information deemed
appropriate. The report shall also state the extent to which the department has
complied with ORS 418.925 to 418.945 and shall include descriptions of the
methods of compliance. [1985 c.358 §8]
     418.945
Rules. The Department of
Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945.
[1985 c.358 §10]
LOCAL
RESIDENTIAL CHILD CARE FACILITIES
     418.950
Definitions for ORS 418.950 to 418.970. As used in ORS 418.950 to 418.970, unless the context requires
otherwise:
     (1) “Agency” means any person or
organization providing substitute residential care for an average daily
population of eight or fewer children. “Agency” includes but is not limited to:
     (a) Child-caring agencies licensed by the
Department of Human Services under ORS 418.205 to 418.325;
     (b) Foster homes as defined in ORS 418.625
providing care for more than four children; and
     (c) Youth care centers as defined in ORS
420.855.
     (2) “Average daily population” means the
sum of days in residence of all children residing in a child-caring facility
during a certain period divided by the number of days in the period.
     (3) “Child-caring facility” means a
residence or building used by an agency to provide substitute residential care
for children. [1979 c.597 §2; 1987 c.94 §133]
     418.955
Policy. The Legislative
Assembly finds and declares that:
     (1) It is the policy of this state to
encourage and promote the provision of local residential care for the
disadvantaged children of this state;
     (2) There is a growing need for
community-based child-caring facilities to provide quality care and protect the
welfare of these children;
     (3) Restrictions on the siting of such
facilities have become a problem in the state;
     (4) It is the policy of this state to
provide for the equitable distribution of child-caring facilities throughout
the cities and counties of the state; and
     (5) It is a matter of statewide concern
that procedures be adopted by cities and counties for determining the siting of
child-caring facilities. [1979 c.597 §1]
     418.960
City and county siting of child-caring facilities; applications; denial
procedure; proof of facility qualifications. (1) Each city and county may adopt a procedure which will provide
opportunities for the siting of child-caring facilities within its jurisdiction
including the siting of such facilities in single-family residential zones. The
procedure shall specify all conditions the requirements of which must be
satisfied for the approval of an application for the siting of a child-caring
facility, including any applicable zoning or land use restrictions.
     (2) If a city or county denies an
application for the siting of a child-caring facility, it shall make formal
findings under the provisions of the procedure adopted under subsection (1) of
this section.
     (3) Denial of an application for the
siting of a child-caring facility by an agency, board or commission of a city
or county may be appealed to the governing body of the city or county.
     (4) A city or county shall not require,
under the procedure established under this section, independent satisfaction of
conditions that have been required by the state for certification of the
child-caring facility, unless, in the case of the particular facility, the city
or county finds:
     (a) That circumstances have changed;
     (b) That additional information about
those conditions is necessary; or
     (c) That review of such conditions is
necessary to respond to the residents of the jurisdiction.
     (5) Upon request, an agency applying for certification
of a child-caring facility shall supply the city or county with a copy of the
agency’s application for state certification of the facility. [1979 c.597 §3]
     418.965
Approval or denial of applications. (1) A city or county shall approve or deny an application for the
siting of a child-caring facility within 90 days after the date of application,
unless both the applicant and the city or county agree to an extension of time.
     (2) A city or county may not deny an
application for the siting of a child-caring facility unless it has adopted the
procedure authorized by ORS 418.960. [1979 c.597 §§4,5; 2005 c.22 §292]
     418.970
ORS 418.950 to 418.970 inapplicable to existing facilities. The provisions of ORS 418.950 to 418.970 do
not apply to child-caring facilities in existence and operating on October 3,
1979. [1979 c.597 §6]
PENALTIES
     418.990
Criminal penalties. (1) A
person who violates ORS 418.250 (2), 418.255, 418.290 or 418.300 commits a
Class D violation.
     (2) A person who violates ORS 418.630
commits a Class B misdemeanor.
     (3) Violation of ORS 418.215, 418.250 (1)
or 418.327 (3) is a Class A misdemeanor. Each day of violation is a separate
offense. [Formerly part of 419.990; subsection (2) enacted as 1961 c.341 §3;
subsection (5) enacted as 1969 c.641 §20; subsection (6) enacted as 1971 c.451 §8;
subsection (7) enacted as 1973 c.306 §3; 1975 c.644 §12; 1977 c.232 §2; 1983
c.510 §16; 1985 c.723 §3; 1987 c.94 §134; 1987 c.794 §5; 1993 c.546 §107; part
renumbered 657A.990 in 1993; 1999 c.1051 §178; subsection (1) renumbered
412.991 in 2007]
     418.992
Civil penalty. (1) In
addition to any other liability or penalty provided by law, the Director of
Human Services may impose a civil penalty on a private child-caring agency for
any of the following:
     (a) Violation of any of the terms or
conditions of a license issued under ORS 418.205 to 418.310.
     (b) Violation of any rule or general order
of the Department of Human Services that pertains to a private child-caring
agency.
     (c) Violation of any final order of the
director that pertains specifically to the private child-caring agency.
     (2) A civil penalty may not be imposed
under this section:
     (a) For violations other than those
involving direct care or feeding of children, staff to child ratio or sanitation
involving direct care; or
     (b) Unless a violation is found on two
consecutive surveys of the private child-caring agency.
     (3) The director in every case shall
prescribe a reasonable time for elimination of a violation:
     (a) Not to exceed 30 days after first
notice of a violation; or
     (b) In cases where the violation requires
more than 30 days to correct, such time as is specified in a plan of correction
found acceptable by the director.
     (4) A civil penalty imposed under this
section may be remitted or reduced upon such terms and conditions as the
director considers proper and consistent with the public health and safety. [1983
c.510 §23; 2007 c.71 §109]
     418.993
Procedure. (1) Any civil
penalty under ORS 418.992 shall be imposed in the manner provided in ORS
183.745.
     (2) Notwithstanding ORS 183.745, the
private child-caring agency to whom the notice is addressed shall have 10 days
from the date of service of the notice in which to make written application for
a hearing before the Director of Human Services. [1983 c.510 §24; 1991 c.734 §19]
     418.994
Schedule of penalties; rules.
After public hearing, the Director of Human Services by rule shall adopt a
schedule establishing the civil penalty that may be imposed under ORS 418.992.
However, the civil penalty shall not exceed $500 for each violation. [1983
c.510 §25]
     418.995
Factors considered in imposing penalty. In imposing a penalty pursuant to the schedule adopted pursuant to ORS
418.992, the Director of Human Services shall consider the following factors:
     (1) The past history of the private
child-caring agency incurring a penalty in taking all feasible steps or
procedures necessary or appropriate to correct any violation.
     (2) Any prior violations of statutes or
rules pertaining to private child-caring agencies.
     (3) The economic and financial conditions
of the private child-caring agency incurring the penalty.
     (4) The immediacy and extent to which the
violation threatens the health, safety and well-being of the children. [1983
c.510 §26]
     418.996 [1983 c.510 §27; 1989 c.706 §12;
repealed by 1991 c.734 §122]
     418.997
Judicial review. Judicial
review of civil penalties imposed under ORS 418.992, shall be as provided under
ORS 183.480, except that the court may, in its discretion, reduce the amount of
the penalty. [1983 c.510 §28]
     418.998
Disposition of penalties.
All penalties recovered under ORS 418.992 to 418.998 shall be paid into the
State Treasury and credited to the General Fund. [1983 c.510 §29]
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