US Laws, Codes, Statutes & Cases

Chapter 418 — Child Welfare Services

 

2007 EDITION

 

CHILD WELFARE SERVICES

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

CHILD WELFARE SERVICES GENERALLY

 

418.001     Definition for ORS 418.005 to 418.030

 

418.005     Powers of department in connection with child welfare services; rules; advisory committee

 

418.010     Children not to be taken charge of when parents object

 

418.015     Custody and care of needy children by department

 

418.016     Criminal records checks required for caregivers of children and for other persons in household; rules

 

418.017     Parent allowed to anonymously leave child at authorized facility; facility immunity; notification to department

 

418.018     Department required to inform public about ORS 418.017 and affirmative defense; funding

 

418.020     Unexpended balances of budgeted county funds may be expended as aid for children

 

418.025     Prevention, reduction or control of juvenile delinquency by county programs and activities

 

418.027     Agreements for custody, care or treatment; rules

 

418.030     Services to prevent, control and treat juvenile delinquency

 

418.032     Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities

 

418.033     Release of records to citizen review board; when findings of board public; rules

 

418.034     Department responsible for costs of medical care of certain children in detention or lockup facilities; recovery of costs; obtaining additional funds

 

418.036     Child welfare report

 

PREVENTION OF CHILD ABUSE AND NEGLECT

 

418.189     Policy on child abuse and neglect

 

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

 

418.210     Application of ORS 418.205 to 418.325

 

418.215     Private child-caring agency to be licensed; fine assessment

 

418.240     Licensing criteria; duration; rules

 

418.243     Outdoor Youth Program Advisory Board; duties; membership; staff

 

418.244     Officers of Outdoor Youth Program Advisory Board; quorum; meetings

 

418.246     Bond for outdoor youth program licensure

 

418.250     Supervision of child-caring agencies

 

418.255     Inspection and supervision

 

418.260     Investigation of abuses, derelictions or deficiencies in child-caring agencies

 

418.265     Reports; audit

 

418.270     Surrender of child to private child-caring agency; consent to adoption; time for adoption proceedings; effect of release and surrender

 

418.275     Private child-caring agency as guardian of child; power of agency

 

418.280     Placement of children

 

418.285     Authority of department same as private child-caring agency under ORS 418.270 to 418.280

 

418.290     Child placement by nonresident

 

418.295     Certain attorneys not to represent prospective adoptive parents; employees not to recommend any attorney to prospective adoptive parents

 

418.300     When child placement by private persons prohibited

 

418.302     Administrative review required for certain children in voluntary placement

 

418.305     Authority of department to visit placed-out children; location and relationships confidential

 

418.306     Denial of visitation by child-caring agency as disciplinary measure prohibited

 

418.307     Medical or dental treatment of children without consent; conditions; immunity of treating personnel

 

418.310     Application of statutes to institutions caring for adults and children

 

418.312     When transfer of custody not required; voluntary placement agreement; review of children placed in certain institutions

 

418.315     Department may provide foster care for children surrendered or committed to department

 

418.319     Goal regarding placed children receiving federal assistance

 

418.325     Medical examinations required; frequency; child’s health record; other health care; explanation to adoptive parents

 

418.327     Licensing of certain schools and organizations offering residential programs; rules

 

PAYMENTS TO ADOPTIVE PARENTS

 

418.330     Payments to adoptive parents; conditions; limitations

 

418.335     Determination of eligibility for payments; review; hearing

 

418.340     Rules

 

SHELTER-CARE HOMES

 

418.470     Authority to pay for shelter-care homes

 

418.472     Siting of shelter-care home

 

INDEPENDENT RESIDENCE FACILITIES

 

418.475     Independent residence facilities; extent and nature of agreement between minor and department

 

PURCHASE OF CARE

 

418.480     “Purchase of care” defined

 

418.485     Policy

 

418.490     Coordination of state activities

 

418.495     Authority to purchase care; relative foster care payments; agreement content; rules

 

418.500     Out-of-state care for children

 

USE OF PSYCHOTROPIC MEDICATIONS

 

418.517     Procedures for use of psychotropic medications for children in foster care; rules; hearing

 

FOSTER HOMES NOT SUPERVISED BY CHILD-CARING AGENCIES

 

418.625     Definitions for ORS 418.625 to 418.645

 

418.627     Placement consistent with the Indian Child Welfare Act

 

418.630     Foster home must be certified as approved

 

418.635     Certificate of approval; revocation

 

418.640     Supervision of foster homes; foster parent training; rules; law enforcement officer training

 

418.642     Confidentiality of information about person who maintains foster home; exceptions; rules

 

418.643     Denial of visitation by foster home as disciplinary measure prohibited

 

418.645     Appeal from decision of department

 

418.647     Foster care payments

 

418.648     Rights of foster parents

 

OREGON YOUTH CONSERVATION CORPS

 

418.650     Policy; purpose

 

418.653     Oregon Youth Conservation Corps; advisory committee; appointment; term; duties

 

418.657     Duties of program director; participant eligibility; rules; staff

 

418.658     Oregon Community Stewardship Corps; projects; tuition vouchers for program participants; sponsors; criteria; rules

 

418.660     Projects; consistency with public land law

 

418.663     Employment goals

 

A. R. BURBANK TRUST FUND

 

418.675     Powers and duties of trustees of A. R. Burbank Trust Fund

 

418.680     Annual report of trustees

 

418.685     Certain agencies declared to be orphans’ homes

 

GENERAL POLICY

 

418.688     Policy

 

YOUTH SPORTS ACTIVITIES

 

418.691     Definitions for ORS 418.691 to 418.701

 

418.696     Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors

 

418.699     Additional duties or liabilities not imposed on youth sports providers

 

418.701     Youth sports providers authorized to request criminal background checks from Department of State Police

 

MISCELLANEOUS PROVISIONS

 

418.702     Training and continuing education for mandatory reporters; notice to persons required to report child abuse

 

418.704     Youth Suicide Prevention Coordinator; duties

 

418.706     State Technical Assistance Team for child fatalities; duties

 

DOMESTIC VIOLENCE FATALITY REVIEW TEAMS

 

418.712     Definitions for ORS 418.714 and 418.718

 

418.714     Domestic violence fatality review teams

 

418.718     Statewide team

 

INVESTIGATION OF CHILD ABUSE, RAPE AND SUICIDE

 

418.746     Child Abuse Multidisciplinary Intervention Account; uses; eligibility determination; plans; rules

 

418.747     County teams for investigation; duties; training; method of investigation; designated medical professional

 

418.748     Statewide team on child abuse and suicide

 

418.751     Training and education for persons investigating child abuse

 

REGIONAL ASSESSMENT CENTERS AND COMMUNITY ASSESSMENT SERVICES

 

418.780     Purpose

 

418.782     Definitions for ORS 418.746 to 418.796

 

418.783     Child Abuse Multidisciplinary Intervention Program

 

418.784     Advisory Council on Child Abuse Assessment; membership; officers; meetings; quorum

 

418.785     Child Fatality Review Teams

 

418.786     Grant program

 

418.788     Grant application; criteria for awarding grants; rules

 

418.790     Application contents for regional centers

 

418.792     Application contents for community assessment center

 

418.793     Report to Child Abuse Multidisciplinary Intervention Program; rules

 

418.794     Confidentiality of video recordings

 

418.795     Confidentiality of information and records

 

418.796     Authority of council to solicit and accept contributions

 

418.800     Review of certain cases by county multidisciplinary child abuse team

 

REFUGEE CHILDREN

 

418.925     “Refugee child” defined

 

418.927     When refugee child may be removed from home; placement

 

418.930     Petition to juvenile court required upon removal of refugee child

 

418.933     Judicial determination on removal required

 

418.935     Petition by relative of refugee child

 

418.937     Placement decision; order of preference for placement

 

418.939     Record for refugee child; content

 

418.941     Refugee Child Welfare Advisory Committee; duties; access to juvenile records

 

418.943     Annual report

 

418.945     Rules

 

LOCAL RESIDENTIAL CHILD CARE FACILITIES

 

418.950     Definitions for ORS 418.950 to 418.970

 

418.955     Policy

 

418.960     City and county siting of child-caring facilities; applications; denial procedure; proof of facility qualifications

 

418.965     Approval or denial of applications

 

418.970     ORS 418.950 to 418.970 inapplicable to existing facilities

 

PENALTIES

 

418.990     Criminal penalties

 

418.992     Civil penalty

 

418.993     Procedure

 

418.994     Schedule of penalties; rules

 

418.995     Factors considered in imposing penalty

 

418.997     Judicial review

 

418.998     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 Oregon for child welfare services.

      (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, Oregon Laws 2007, become operative October 1, 2008. See section 2, chapter 611, Oregon Laws 2007. The text that is operative on and after October 1, 2008, is set forth for the user’s convenience.

      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 sheriff’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 infant’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, physician’s office, sheriff’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 child’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 child’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]