2005 Oregon Code - Chapter 418 :: Chapter 418 - Child Welfare Services

Chapter 418 — Child Welfare Services

 

2005 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; placement

 

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

 

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

 

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

 

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

 

418.035     Definitions for ORS 418.035 to 418.172

 

418.040     Eligibility for aid; exemption from programs to develop skills; rules

 

418.042     Assignment of support rights; cooperation required for establishing paternity of child or obtaining support; exceptions; sanctions

 

418.045     Determination of amount of aid; reduction of aid for failure to cooperate in programs; termination of aid; rules

 

418.047     Direct deposit services; statewide electronic transfer system; debit card

 

418.050     Payment of aid to other than relative

 

418.054     Petition for and appointment of guardian or conservator; costs; compensation

 

418.059     Expenditures limited to needs of beneficiary

 

418.070     Special definitions for ORS 418.035 to 418.185

 

418.075     Denial of aid when unemployed parent refuses employment

 

418.085     Cooperation of department with Director of Employment Department to find employment for parent

 

418.095     Community work and training programs for parents

 

418.097     Cooperation with other agencies to provide vocational training

 

418.100     Powers and duties of department; rules

 

418.110     Application for aid

 

418.115     Investigation of eligibility of child

 

418.120     Determination of eligibility; commencement of aid

 

418.125     Appeal from failure to act on application or denial thereof or from modification or cancellation of aid

 

418.130     Use and custody of records of temporary assistance for needy families program

 

418.131     Limitation on receiving aid; exceptions; report on persons receiving aid

 

418.132     Restrictions on minor parents who receive temporary assistance for needy families; termination of assistance; exceptions; eligibility to receive services

 

418.134     Referral to mental health or drug abuse professional; provision of resources; staff training

 

418.135     Public officials to cooperate in locating and furnishing information concerning parents of children receiving public assistance, and in prosecuting nonsupport cases; use of information restricted

 

418.140     Sharing assistance prohibited; exception

 

418.145     Report required where subsistence or lodging provided nonrecipient

 

418.147     Policy on absent parent

 

418.149     When child deprived of parental support of absent parent; effect of joint custody decree

 

WORK INCENTIVE PROGRAMS

 

418.150     Policy on self-care and self-support

 

418.155     Definitions for ORS 418.150 to 418.172

 

418.160     Duties of department relating to federal law

 

418.163     Duties of department relating to other agencies

 

418.172     Additional monthly payments of elderly rental assistance

 

ENROLLMENT IN EDUCATIONAL INSTITUTION

 

(Temporary provisions relating to enrollment in educational institution are compiled as notes following ORS 418.172)

 

UNEMPLOYED PARENTS PROGRAM

 

418.180     Policy

 

418.185     Unemployed parents program

 

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

 

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     Rulemaking authority

 

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; agreement content

 

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

 

418.648     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

 

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 investigators; curriculum; 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

 

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     Rulemaking

 

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; placement. (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, neglected, mentally or physically disabled 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]

 

      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: 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 Board of Medical Examiners for the State of Oregon 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. (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 418.042.

      (2) The department shall attempt to enter into agreements with any person who voluntarily gives custody of a child with mental or physical disabilities 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]

 

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

 

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

 

      418.035 Definitions for ORS 418.035 to 418.172. As used in ORS 418.035 to 418.172, unless the context or a specially applicable statutory definition requires otherwise:

      (1) “Aid” means money payments with respect to, or on behalf of, a dependent child or children and includes:

      (a) Money payments to meet the needs of the relative with whom the child is living and:

      (A) The spouse of the relative if the spouse lives with the relative, the relative is the child’s parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or

      (B) The spouse of the relative if the spouse lives with the relative, the relative is the child’s parent and the child is a dependent child as defined in ORS 418.070 (2)(a) and is dependent by reason of the unemployment of parents.

      (b) Payments made to a representative payee or guardian pursuant to ORS 418.050 or 418.054.

      (2)(a) “Dependent child” means a needy child:

      (A) Who has been deprived of parental support or care by reason of the death, continued absence from the home or physical or mental incapacity of a parent;

      (B) Whose relatives are not able to provide adequate care and support for the child without public assistance, as defined in ORS 411.010;

      (C) Who is living with the child’s father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as the child’s or their own home; and

      (D) Who meets the requirements of paragraph (b) of this subsection.

      (b)(A) Except as provided in subparagraphs (B) and (C) of this paragraph, a “dependent child” must be under the age of 18 years.

      (B) A child may qualify as a “dependent child,” subject to the availability of funds, if the child is 18 or 19 or 20 years of age and a student regularly attending a school in grade 12 or below or regularly attending a course of professional or technical training designed to fit the child for gainful employment, other than a course provided by or through a college or university.

      (C) Students under the age of 21 years and regularly attending a school, college or university or regularly attending a course of professional or technical training designed to fit the child for gainful employment may be included in the description in subparagraph (B) of this paragraph at the option of the Department of Human Services.

      (3) “Representative payee” means an individual designated by the department to receive money payments of aid pursuant to ORS 418.050. [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]

 

      418.040 Eligibility for aid; exemption from programs to develop skills; rules. (1) Aid pursuant to the temporary assistance for needy families program shall be granted under ORS 418.035 to 418.125 to any dependent child who is living in a home meeting the standards of care and health fixed by the rules and regulations of the Department of Human Services and who is a resident of the State of Oregon, if the parent or other relative with whom the child is living is a resident of the State of Oregon.

      (2) No parent of a child receiving aid under ORS 418.035 to 418.125 shall be exempt from a requirement to participate in programs to develop employment or self-sufficiency skills due to the age of the child except:

      (a) During the first two months of the third trimester of pregnancy, the parent shall not be required to participate more than 10 hours per week and shall be exempt from participation during the last month of pregnancy; and

      (b) During the first 90 days after the birth of a child.

      (3) No individual in a household receiving aid under ORS 418.035 to 418.125 shall be exempt, due to the pregnancy of the individual, from a requirement to obtain a high school diploma or its equivalent or to participate in programs to develop employment or self-sufficiency skills.

      (4) No parent shall be eligible to receive aid under ORS 418.035 to 418.125 if the parent fails to participate in programs to develop employment or self-sufficiency skills during the period of eligibility determination.

      (5) The provisions of subsection (3) of this section shall not apply to an individual experiencing medical complications due to pregnancy, as determined by a person licensed by the Board of Medical Examiners or the Oregon State Board of Nursing, that prohibit participation in the activities otherwise required.

      (6) Notwithstanding section 16, chapter 739, Oregon Laws 1993, and subsection (5) of this section, no individual in a household receiving aid under ORS 418.035 to 418.125 shall be exempt from any requirement to participate in programs to develop employment or self-sufficiency skills, as defined by the department, unless the individual and the individual’s department case manager agree in writing that the exemption is appropriate under guidelines developed by the department.

      (7) The department by rule shall define programs to develop employment or self-sufficiency skills for purposes of this section. [Formerly 419.054 and then 418.060; 1969 c.468 §5; 1995 c.816 §1; 1997 c.581 §27; 2005 c.22 §289]

 

      418.042 Assignment of support rights; cooperation required for establishing paternity of child or obtaining support; exceptions; sanctions. (1) Aid, as defined in ORS 418.035, may not be granted to, or on behalf of, any applicant or recipient and for as long as the applicant or recipient refuses to assign to the state any rights to support from any other person such applicant may have personally or in behalf of any other family member for whom the applicant is applying for or receiving aid, and that have accrued at any time such assignment is executed. If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the state. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the state shall be as set forth in rules adopted by the Department of Human Services and the Department of Justice.

      (2) Except as otherwise provided in this subsection, an applicant or recipient who receives aid as defined in ORS 418.035 shall cooperate with the Department of Human Services and the Department of Justice in establishing the paternity of the applicant’s or recipient’s child born out of wedlock and in obtaining support or other payments or property due the applicant or child. An applicant or recipient is not required to cooperate if there is good cause or some other exception to the cooperation requirement that takes into account the best interest of the child. The Department of Human Services shall adopt rules defining good cause, other exceptions to cooperation and noncooperation by an applicant or recipient, and setting the sanction for noncooperation. The sanction may include total ineligibility of the family for aid, but in no situation may the sanction be less than a 25 percent reduction of the monthly grant amount. At the time an applicant applies for aid, the Department of Human Services shall inform the applicant, in writing, of the requirement of and exceptions to cooperation and the sanctions for noncooperation, and shall inform recipients, in writing, whenever eligibility for aid is redetermined. [1975 c.458 §12; 1983 c.767 §4; 1995 c.816 §9; 1999 c.80 §74; 2003 c.14 §212; 2003 c.73 §66]

 

      418.045 Determination of amount of aid; reduction of aid for failure to cooperate in programs; termination of aid; rules. (1) The need for and amount of aid pursuant to the temporary assistance for needy families to be granted for any dependent child or relative pursuant to ORS 418.035 to 418.172 shall be determined, in accordance with the rules and regulations of the Department of Human Services, taking into account:

      (a) The income, resources and maintenance available to such child and relative from whatever source derived, allowable deductions and the statewide income and payment standards.

      (b) The income and financial condition of the stepparent, if any, of the child for whom aid is sought.

      (2) Subsection (1)(b) of this section is not intended to relieve any father of any legal obligation in respect of the support of the natural or adopted children of the father.

      (3) In the determination of eligibility and the amount of need, and in any reconsideration thereof, with respect to an applicant or recipient of aid pursuant to ORS 418.035 to 418.172, such amounts of income and resources may be disregarded as the department may prescribe by rules and regulations promulgated by it. The amounts to be disregarded shall be within the limits required or permitted by federal laws and by federal rules and orders thereto applicable.

      (4)(a) Notwithstanding section 16 (5)(d), chapter 739, Oregon Laws 1993, an individual who fails to cooperate in such education, employment or job training programs as may be required by law shall have aid payments reduced by the amount of $50 for a period of two months.

      (b) Continued failure of an adult aid recipient to cooperate in mandatory education, employment or job training programs for more than two months as described in paragraph (a) of this subsection shall result in the removal of the noncooperating adult from the eligibility determination for the corresponding recipient family for a period of two months in addition to the period required under paragraph (a) of this subsection.

      (c) Subsequent and continued failure of an individual to cooperate in mandatory education, employment or job training programs beyond the period described in paragraph (b) of this subsection shall result in termination of all aid.

      (d) The department shall adopt rules defining standards for cooperation in programs for education, employment or job training as provided in this subsection.

      (5) Aid terminated under subsection (4) of this section shall be restored upon demonstrated cooperation, as defined by the department, in applicable education, employment or job training programs. [Formerly 419.056 and then 418.065; 1965 c.41 §1; 1995 c.816 §2; 1997 c.581 §28]

 

      418.047 Direct deposit services; statewide electronic transfer system; debit card. (1) The Department of Human Services shall provide direct deposit services for any person receiving temporary assistance for needy families who has an appropriate account at a qualified financial institution.

      (2) The department shall negotiate with electronic transfer processors to establish a system for providing temporary assistance for needy families to eligible individuals through an electronic transfer system. To the extent practicable, the department shall include food stamp assistance received under ORS 411.806 to 411.845 in any electronic debit card system established under this section.

      (3) The department shall seek all state and federal approvals necessary for implementation of an electronic transfer system as described in subsection (2) of this section. The department shall establish a statewide electronic transfer system within six months of receiving all necessary approvals. [1995 c.816 §7; 1997 c.581 §29]

 

      Note: 418.047 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.

 

      418.050 Payment of aid to other than relative. Subject to rules of the Department of Human Services and to such conditions and limitations as may be prescribed pursuant to the temporary assistance for needy families program:

      (1) Money payments of aid with respect to the temporary assistance for needy families program, including payments to meet the needs of the relative, and the relative’s spouse, with whom a dependent child is living, may be made to an individual other than such relative or spouse if it is determined by the department that the relative to whom such payments are made has such inability to manage funds that continuation of such payments to the relative would be contrary to the welfare of such child and that, therefore, it is necessary to provide such aid through payments in the manner authorized by this section. Such determination shall be subject to review and hearing, upon application of such relative, in the manner prescribed pursuant to ORS 418.125. However, the pendency of such application, review or hearing shall not stay the effect of such determination.

      (2) The department may designate any responsible individual, including any public officer or employee, as a representative payee if such individual is willing to act in such capacity. Representative payees shall receive no compensation for their services, but shall be allowed expenses actually and necessarily incurred by them in the performance of their duties under ORS 418.059. Such expenses shall be paid from funds appropriated to the department for administrative expenditures.

      (3) During the time payments of aid pursuant to the temporary assistance for needy families program with respect to a dependent child or relative are made to a representative payee, the department shall:

      (a) Undertake and continue special efforts to develop greater ability on the part of such relative to manage funds in such manner as to protect the welfare of the relative and the family of the relative; and

      (b) Periodically review the determination made pursuant to subsection (1) of this section and terminate payments to the representative payee if it is established by such review that the conditions justifying such determination no longer exist. [1963 c.610 §5; 1975 c.243 §1; 1997 c.581 §30; 2001 c.900 §113]

 

      418.054 Petition for and appointment of guardian or conservator; costs; compensation. (1) If, after such period as may be prescribed by the Department of Human Services, it appears to the department that the need for money payments of aid to a representative payee is continuing or likely to continue in any case, the department may petition for the judicial appointment of a guardian or a conservator of the estate of the relative referred to in ORS 418.050 (1). If a guardian or a conservator of the estate of the relative is appointed and duly qualified, money payments of aid otherwise payable to the relative, or representative payee, shall be paid to the guardian or the conservator until the department determines that the conditions which would justify money payments of aid to a representative payee under ORS 418.050 no longer exist.

      (2) Subject to funds made available to the department for administrative expenditures, the department shall, with respect to any guardianship or conservatorship established under this section:

      (a) Pay all costs and fees reasonably incurred in obtaining the appointment of the guardian or the conservator, including any necessary bond premiums;

      (b) Pay all costs and fees necessarily incurred by the guardian or the conservator in administering money payments of aid received by the guardian or conservator under this section; and

      (c) Compensate the guardian or the conservator, for the fees in administering the money payments, according to schedules of fees prescribed by rule or regulation of the department. [1963 c.610 §6; 1973 c.823 §132]

 

      418.055 [Formerly 419.052; 1963 c.610 §1; renumbered 418.035]

 

      418.059 Expenditures limited to needs of beneficiary. Each money payment of aid made to a representative payee or to a guardian or a conservator under ORS 418.050 or 418.054 shall be expended by the representative payee, guardian or conservator solely to purchase the needs of the individuals with respect to whom the payment is made. However, from the money payments the individuals may receive from the representative payee, guardian or conservator such sums of money and at such intervals as may be permitted by rule or regulation of the Department of Human Services. [1963 c.610 §7; 1973 c.823 §133]

 

      418.060 [Formerly 419.054; renumbered 418.040]

 

      418.065 [Formerly 419.056; 1963 c.610 §2; renumbered 418.045]

 

      418.070 Special definitions for ORS 418.035 to 418.185. For the purposes of ORS 418.035 to 418.185, 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:

      (1) “Aid” includes foster care in behalf of a child described in subsection (2)(b) of this section in the foster home of any individual or in a licensed nonprofit private child-caring agency.

      (2) “Dependent child” includes:

      (a) A needy child meeting the requirements of ORS 418.035 (2)(b)(A) or (B) who has been deprived of parental support or care by reason of the unemployment of a parent or parents and who is living with any of the relatives specified in ORS 418.035 (2) in a place of residence maintained by one or more of such relatives as the relative’s or relatives’ own home.

      (b) A child:

      (A) Who would meet the requirements of ORS 418.035 (2) or of paragraph (a) of this subsection except for removal from the home of a relative specified in ORS 418.035 (2) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

      (B) Who has been accepted for placement and care by the Department of Human Services;

      (C) Who has been placed in a foster home or licensed nonprofit private child-caring agency as a result of such determination; and

      (D) Who 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 relative specified in ORS 418.035 (2) 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.

      (3) “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.

      (4) “Unemployment of parent” shall be defined by the department and such definition may take into account definitions used to establish the availability of federal funds for the program of temporary assistance for needy families. [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]

 

      418.075 Denial of aid when unemployed parent refuses employment. Aid, as defined in ORS 418.035, shall not be granted with respect to, or on behalf of, a dependent child as defined in ORS 418.070 (2)(a) if, and for as long as, the unemployed parent of such child refuses without good cause to accept employment in which the unemployed parent is able to engage and which is offered through any employment office defined in ORS 657.010 or which is otherwise offered by any employer if such offer is determined by the Department of Human Services after notification by such employer to be a bona fide offer of such employment. [1961 c.712 §3; 1971 c.779 §54; 2003 c.14 §214; 2005 c.218 §7]

 

      418.080 [1961 c.712 §5; repealed by 1965 c.538 §1]

 

      418.085 Cooperation of department with Director of Employment Department to find employment for parent. During any period in which aid may be granted with respect to, or on behalf of, a dependent child as defined in ORS 418.070 (2)(a), the Department of Human Services and the Director of the Employment Department shall enter into cooperative arrangements looking toward employment of the unemployed parent of any such child, shall provide for the registration and periodic reregistration of such parent at employment offices established pursuant to ORS 657.705 to 657.725 and shall, with respect to such parent, effect maximum utilization of the job placement services and other services and facilities of such offices. [1961 c.712 §4; 2003 c.14 §215]

 

      418.090 [1961 c.712 §6; repealed by 1971 c.779 §78]

 

      418.095 Community work and training programs for parents. (1) Community work and training programs, as defined in ORS 411.855, may be made available to persons whose needs are included in a grant of public assistance pursuant to ORS 418.035 to 418.172.

      (2) Subject to rules and regulations of the Department of Human Services, the employable applicant or recipient of aid who is a parent of a dependent child defined in ORS 418.035 or 418.070 may be required to participate without compensation in a community work and training program as a condition to a grant of aid or other public assistance for the benefit of the applicant or recipient or those to whom the applicant or recipient owes a legal duty of support, and for periods of time limited by the amount of such aid or other assistance, in cash or in kind, provided through such grant. However, if any of the provisions of this subsection are found to be not in conformity with the federal Social Security Act, or with any of the rules, regulations or requirements promulgated thereunder, such provisions are inoperative to the extent that they are not so in conformity. [1961 c.712 §7; 1965 c.291 §3; 1967 c.130 §6]

 

      418.097 Cooperation with other agencies to provide vocational training. The Department of Human Services and any other state agency, which administers, supervises or participates in the administration of programs of public vocational or adult education services available in this state, may enter into and execute cooperative arrangements looking toward maximum utilization of such services to encourage the training or retraining of individuals participating in a community work and training program as defined in ORS 411.855, and otherwise to assist such individuals in preparing for regular employment. [1963 c.610 §8; 1967 c.130 §7]

 

      418.100 Powers and duties of department; rules. The Department of Human Services shall:

      (1) Supervise the administration of the temporary assistance for needy families program under ORS 418.035 to 418.172.

      (2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out ORS 418.035 to 418.172.

      (3) Prescribe the form of and print and supply such forms as it deems necessary and advisable.

      (4) Cooperate with the federal government in matters of mutual concern pertaining to temporary assistance for needy families, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such aid.

      (5) Accept and disburse any and all federal funds made available to the State of Oregon for temporary assistance for needy families purposes. [Formerly 419.058; 1971 c.779 §56; 1975 c.242 §1; 1997 c.581 §32]

 

      418.105 [Formerly 419.060; repealed by 1971 c.779 §78]

 

      418.110 Application for aid. Application for aid under ORS 418.035 to 418.125 shall be made to the Department of Human Services by the relative with whom the child lives. The application shall be in the manner and upon the form prescribed by the department. [Formerly 419.062; 1969 c.68 §9; 1971 c.779 §57]

 

      418.115 Investigation of eligibility of child. Whenever the Department of Human Services receives a notification of the dependency of a child or an application for aid, a record shall promptly be made of the circumstances, relating the facts supporting the application and such other information as may be required by the rules and regulations of the department. [Formerly 419.064; 1969 c.68 §10; 1971 c.779 §58]

 

      418.120 Determination of eligibility; commencement of aid. The Department of Human Services shall decide whether the child is eligible for aid under ORS 418.035 to 418.125 and determine the date on which the aid granted shall begin. [Formerly 419.066; 1969 c.68 §11; 1971 c.779 §59]

 

      418.125 Appeal from failure to act on application or denial thereof or from modification or cancellation of aid. If an application is not acted upon within a reasonable time after the filing of the application or is denied in whole or in part, or if any grant of aid is modified or canceled, the applicant or recipient may petition the Department of Human Services for review in the county which the applicant or recipient elects as provided by ORS chapter 183. [Formerly 419.068; 1971 c.779 §60; 1973 c.612 §16]

 

      418.130 Use and custody of records of temporary assistance for needy families program. (1) Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.

      (2) Nothing in this section prohibits the disclosure and use of information about applicants and recipients as is necessary to carry out the child support enforcement laws of this state and of the United States.

      (3) Nothing in this section prohibits the disclosure of the address of any applicant or recipient to a law enforcement official at the request of such official. To receive information pursuant to this section, the official must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

      (a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

      (b) Is violating a condition of probation or parole; or

      (c) Has information that is necessary for the official to conduct the official duties of the official and the location or apprehension of the applicant or recipient is within such official duties. [Formerly 419.070; 1975 c.387 §1; 1995 c.609 §9; 1997 c.581 §33; 2001 c.900 §115; 2003 c.14 §216]

 

      418.131 Limitation on receiving aid; exceptions; report on persons receiving aid. (1) A person shall not receive aid for more than a total of 24 months in any period of 84 consecutive months.

      (2) For purposes of determining the 24-month limitation described in subsection (1) of this section, a month in which one parent of a family receiving aid under ORS 418.035 to 418.125 receives gross earnings in an amount equal to 173 times the hourly minimum wage as provided in ORS 653.025 but in an amount that does not exceed the eligibility requirements for aid under ORS 418.035 to 418.125 shall be counted as two-fifths of a month.

      (3) The 24-month limitation described in subsection (1) of this section shall not apply to:

      (a) A month in which a dependent child receiving aid resides with a person other than the child’s natural or adoptive parent;

      (b) Up to three months within a two-year period for the care of any family members who suffer serious health conditions as defined in ORS 659A.150; or

      (c) A household with only one parent in which the basis of eligibility is the incapacity of that parent or, in a household with two parents, if both parents are incapacitated or one parent is required in the home to care for the incapacitated parent.

      (4) A person whose aid is terminated under subsection (1) of this section may become eligible to receive aid, as determined by the Department of Human Services, in excess of 24 months if:

      (a) The former recipient is a dependent child in a two-parent household and the primary wage earner in the household dies;

      (b) The former recipient is a dependent child and the child resides with a person other than the parent, parents or legal guardian with whom the child lived at the time the child was receiving aid; or

      (c) The former recipient is a parent of a dependent child receiving aid and the department determines that the parent is making diligent efforts in good faith to obtain permanent employment. The number of families receiving aid under this paragraph in any month may not exceed one percent of the total number of families receiving aid in that month or 400 families, whichever is greater.

      (5)(a) The time limitations described in subsection (1) of this section do not apply to any person who is:

      (A) Required to participate in the JOBS Program unless the person has been offered the opportunity to participate in an education, employment or job training program including teen parent programs as defined by the department.

      (B) Participating in an employment and training program including any employment search activities required by the program.

      (C) Enrolled at an educational institution under section 1, chapter 212, Oregon Laws 2003.

      (b) The department shall report to each session of the Legislative Assembly the number of families whose period of time receiving aid has exceeded the time limitations of subsection (1) of this section because of the exceptions provided under paragraph (a) of this subsection. The report shall include information sufficient to permit the Legislative Assembly to determine if the exceptions make a significant contribution to increased self-sufficiency of persons granted an exemption.

      (6)(a) The Department of Human Services shall monitor the average period of time a person receives aid and shall record such information by family size. The department shall monitor the wages and benefits received by an individual who becomes employed while receiving aid, including medical and child care benefits. The department shall monitor and record the rate at which persons who cease receiving aid for employment subsequently apply for and receive aid.

      (b) The department shall report the results of the monitoring required under paragraph (a) of this subsection to the Legislative Assembly not later than the 15th day of each legislative session. [1995 c.816 §4; 2003 c.212 §3]

 

      Note: See note under 418.172.

 

      418.132 Restrictions on minor parents who receive temporary assistance for needy families; termination of assistance; exceptions; eligibility to receive services. (1) A person who is a minor parent of a child and is receiving or applying for aid as defined in ORS 418.035 shall reside with the person’s parent, parents or legal guardian. The person may substitute an alternative supervised living arrangement if the Department of Human Services determines that it is unsafe or impractical for the person to reside with the person’s parent, parents or legal guardian. Failure of a minor parent applying for or receiving temporary assistance for needy families to reside with the person’s parent, parents or legal guardian or in an alternative supervised living arrangement shall result in the termination of aid.

      (2) The provisions of subsection (1) of this section shall not apply to an applicant for or recipient of temporary assistance for needy families when circumstances or conditions exist that the department by rule establishes are not in the best interest of the child.

      (3) If a person who is a minor parent receiving aid and who is not living with the person’s parent, parents or legal guardian subsequently returns to reside with the parent, parents or guardian and is determined ineligible to receive aid by reason of the parent’s or guardian’s income, the minor parent shall be eligible to receive such services, including medical care, as the department determines are necessary to allow the minor parent to attain a high school diploma or the equivalent, or to participate in programs to develop employment or self-sufficiency skills as described by the department in ORS 418.040. [1995 c.816 §5; 1997 c.581 §34]

 

      418.133 [1995 c.816 §11; repealed by 1997 c.581 §48]

 

      418.134 Referral to mental health or drug abuse professional; provision of resources; staff training. (1) The Department of Human Services shall refer a person applying for or receiving temporary assistance for needy families to an evaluation by a mental health or drug abuse professional if the department reasonably believes such referral is necessary. The Department of Human Services shall develop guidelines to assist in the identification and referral of individuals requiring mental health or drug abuse treatment.

      (2) If an evaluation conducted under subsection (1) of this section determines that mental health or drug abuse treatment is necessary for the person to function successfully in the workplace, the department shall provide such resources as are necessary and available for the person to participate in and successfully complete treatment.

      (3) A person who refuses to participate in an evaluation under subsection (1) of this section or treatment under subsection (2) of this section shall have payments reduced by the amount of $50 for a period of two months. Continued refusal to participate during the two months of payment reduction shall result in removal of the nonparticipating person from the eligibility determination for two months. Continued refusal to participate during the two months of ineligibility shall result in termination of all aid payments for the family.

      (4) The department shall provide training to staff who work directly with persons applying for or receiving temporary assistance for needy families in assessment and evaluation of mental health disorders, addictions and battered women’s syndrome as may be necessary to implement the provisions of subsection (1) of this section. [1995 c.816 §6; 1997 c.581 §35]

 

      418.135 Public officials to cooperate in locating and furnishing information concerning parents of children receiving public assistance, and in prosecuting nonsupport cases; use of information restricted. (1) All state, county and city agencies, officers and employees shall cooperate in the location of parents who have abandoned or deserted, or are failing to support, children receiving public assistance and shall on request supply the Department of Human Services, the Division of Child Support of the Department of Justice or the district attorney of any county in the state with all information on hand relative to the location, income and property of such parents. The granting of aid to the applicant shall not be delayed or contingent upon receipt of the answer to such requests by the Department of Human Services, the Division of Child Support or the district attorney. The Department of Human Services shall use such information only for the purposes of administration of public assistance to such children, and the district attorney and the Division of Child Support shall use such information only for the purpose of enforcing the liability of such parents to support such children, and neither shall use the information or disclose it for any other purpose. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2).

      (2) The Department of Human Services shall cooperate with the Division of Child Support or the district attorney prosecuting or considering the prosecution of such parent for nonsupport and shall report to the Division of Child Support or the district attorney all information contained in the case record which concerns the question of nonsupport and the suitability of prosecution as a method of obtaining support for the child in each case. [Formerly 419.072; 1971 c.779 §61; 1979 c.690 §14]

 

      418.140 Sharing assistance prohibited; exception. (1) No person over the age of 18 years, other than a stepchild, shall habitually accept subsistence or lodging in the dwelling place of any householder, who is a recipient of aid, to whom the person is neither married nor related within the fourth degree of consanguinity computed according to the rules of the civil law.

      (2) It shall be a defense to a charge of violation of subsection (1) of this section that the person accused has fully paid to the householder, in cash or in kind, the actual costs of any such subsistence and the value of any such lodging so accepted. However, such payment shall constitute a defense to a charge of violation of subsection (1) of this section only if:

      (a) The payment was made before the commencement of the criminal action based upon such violation;

      (b) The payment was made pursuant to an express agreement entered into between the householder and the person accused, before acceptance of the subsistence or lodging; and

      (c) The person accused or the householder has, within three days after entering into such agreement, furnished the Department of Human Services with a true and complete statement of the terms and conditions of such agreement. [1961 c.341 §2; 1963 c.332 §1; 1969 c.246 §1]

 

      418.145 Report required where subsistence or lodging provided nonrecipient. (1) Subject to rules and regulations of the Department of Human Services, each person 18 years of age or over to whom or for whose benefit a grant of aid is made, and who provides subsistence or lodging to any individual whose needs are not provided for in such grant, shall, within three days after first providing such subsistence or lodging, and at such other times as may be required, promptly furnish the department with a true and complete statement of the circumstances, terms and conditions under which the individual provides subsistence or lodging to such individual.

      (2) The department may modify, cancel or suspend a grant of aid for the benefit of any person who fails to comply with subsection (1) of this section for such a period of time and under such terms and conditions as may be prescribed by rules or regulations of the department.

      (3) Nothing set forth in subsections (1) and (2) of this section or no regulation of the department shall be construed to prevent two or more members of the same sex who are recipients of temporary assistance for needy families grants from entering into a communal lodging arrangement nor shall any recipient of such a grant have the grant reduced solely by reason of such communal lodging arrangement. Any lodging accepted by recipients for the purpose of establishing a communal lodging arrangement as specified in this section shall be subject to the approval of the department which shall determine adequacy of such lodging. [1963 c.332 §3; 1967 c.446 §1; 1971 c.779 §62; 1997 c.581 §36]

 

      418.147 Policy on absent parent. (1) The Legislative Assembly declares that the policy of this state is that, to the extent consistent with federal law, the temporary assistance for needy families program policy and practice shall recognize that an absent parent is often an important influence in the life of a child.

      (2) Program policy and practice:

      (a) Shall recognize that regular, frequent visits with absent parents are often in the best interests of needy children;

      (b) Shall not interfere with the continuing relationship of absent parents with their children, whether the parents are temporarily or permanently out of the homes of their children; and

      (c) Shall not restrict parents in adopting plans that they consider to be in the best interests of their children. [1987 c.3 §10; 1997 c.581 §37]

 

      418.149 When child deprived of parental support of absent parent; effect of joint custody decree. (1) For purposes of ORS 418.035, where a parent is living out of the home in which the child resides, it shall be assumed that the child is deprived of parental support or care by reason of the continued absence of the parent unless:

      (a) The parent visits the child in the child’s home more than four times per week or more than a total of 12 hours per week; and

      (b) The functioning of the parent as a provider of maintenance, physical care and guidance is not interrupted or terminated as a result of absence of the parent from the home.

      (2) A determination that a needy child is not deprived of parental support or care by reason of the continued absence of a parent shall not be based solely on an award by a court of joint legal custody. [1987 c.3 §§11,12]

 

WORK INCENTIVE PROGRAMS

 

      418.150 Policy on self-care and self-support. (1) The Legislative Assembly declares that it is in the public interest of the State of Oregon to assist appropriate individuals who are current, former or potential recipients of, or who are included in assistance households receiving, temporary assistance for needy families to attain self-care or self-support.

      (2) The Legislative Assembly declares that it is in the public interest of the State of Oregon that all available workforce services, including those authorized under other provisions of law, be utilized to provide incentives, opportunities and necessary services to appropriate individuals in order that they may be employed in the regular economy, may be trained for regular employment and may participate in special work projects. [1969 c.281 §2; 1997 c.581 §38; 2005 c.22 §290]

 

      418.155 Definitions for ORS 418.150 to 418.172. As used in ORS 418.150 to 418.172, unless the context or a specially applicable statutory definition requires otherwise:

      (1) “Employment and training program” means a program for placing as many individuals as is possible in employment.

      (2) “JOBS Plus Program and work experience program” and “on the job training” mean work site programs for those individuals for whom such training is likely to lead to regular employment.

      (3) “JOBS program” means programs established by the Department of Human Services, pursuant to the temporary assistance for needy families program and rules adopted thereunder. [1969 c.281 §3; 1973 c.222 §1; 1995 c.816 §12; 1997 c.581 §39; 2003 c.14 §217]

 

      418.160 Duties of department relating to federal law. The Department of Human Services shall have the responsibility and authority to provide such services as are necessary to maintain the intent of and compliance with federal requirements for the programs defined in ORS 418.155. [1969 c.281 §4; 1973 c.222 §2; 1979 c.452 §1; 1995 c.816 §13]

 

      418.163 Duties of department relating to other agencies. The Department of Human Services shall have the responsibility and authority to provide such services and engage in such cooperative and coordinated efforts with the Employment Department and other appropriate agencies as are necessary to maintain the intent of and compliance with federal requirements for the programs defined in ORS 418.155. [1973 c.222 §4; 1979 c.452 §2; 2001 c.900 §116]

 

      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 Additional monthly payments of elderly rental assistance. The Department of Human Services shall include in the payment made under ORS 418.035 to 418.172 a monthly amount to be designated elderly rental assistance. The amount shall be determined by the department, subject to the total amount appropriated for that purpose by the Legislative Assembly. [1975 c.734 §3; 1977 c.841 §12; 1997 c.170 §30]

 

ENROLLMENT IN EDUCATIONAL INSTITUTION

 

      Note: Sections 1, 2 and 4, chapter 212, Oregon Laws 2003, provide:

      Sec. 1. Enrollment in educational institution as allowable work activity. (1) Subject to the limitation in section 2 of this 2003 Act, a parent who applies for or receives temporary assistance for needy families under ORS 418.035 to 418.125 who meets the criteria described in subsection (2) of this section may enroll in and attend a two-year or four-year program at an educational institution as an allowable work activity for purposes of ORS 418.035 to 418.125.

      (2) To enroll in and attend an educational institution as an allowable work activity, a parent must:

      (a) Be accepted for full-time attendance into or be enrolled full-time at an educational institution;

      (b) Demonstrate that completion of the educational program is likely to result in employment that provides the wages and benefits necessary for the parent to support the parent’s family without temporary assistance for needy families; and

      (c) Make satisfactory academic progress, as defined by the educational institution, toward a degree or certificate.

      (3) A parent who is enrolled at an educational institution under this section shall receive temporary assistance for needy families under ORS 418.035 to 418.125 as well as be eligible for all other support services under the temporary assistance for needy families program. Assistance under this section does not include tuition and fees associated with enrollment at an educational institution.

      (4) The Department of Human Services shall inform all parents applying for or participating in the temporary assistance for needy families program of the option to enroll in an educational institution and the requirements under subsection (2) of this section.

      (5) The department shall adopt rules to implement and administer this section.

      (6) As used in this section, “educational institution” has the meaning given that term in ORS 348.105. [2003 c.212 §1]

      Sec. 2. Limitation on enrollment. For a calendar year, the number of parents enrolled in an educational institution under section 1 of this 2003 Act may not exceed one percent of the number of households receiving temporary assistance for needy families on January 1 of the calendar year. [2003 c.212 §2]

      Sec. 4. When enrollment in educational institution is permitted. Sections 1 and 2 of this 2003 Act and the amendments to ORS 418.131 by section 3 of this 2003 Act apply to any period during which the necessary waivers from the United States Department of Health and Human Services are in effect or federal law permits enrollment at an educational institution as an allowable work activity. [2003 c.212 §4]

 

      418.175 [1969 c.281 §§7,8; repealed by 1973 c.222 §5]

 

UNEMPLOYED PARENTS PROGRAM

 

      418.180 Policy. The Legislative Assembly finds:

      (1) That the provision of public assistance to children dependent by reasons of unemployment of parents would help keep families together and reduce hardship in times of high unemployment;

      (2) That the lack of public assistance to two-parent unemployed families does not produce significant financial savings for the State of Oregon since family break-up increases the number of single-parent families receiving public assistance;

      (3) That children in two-parent unemployed families have needs as urgent as those of children in single-parent unemployed families;

      (4) That the provision of public assistance to two-parent unemployed families would provide access to medical care for these families, health being one of the prerequisites to seeking and maintaining employment;

      (5) That because federal law now requires recent employment and active work search to be eligible for federal funds for public assistance to two-parent unemployed families, the availability of federal funds helps those families who are trying hardest to help themselves be self-supporting; and

      (6) That additional funds need to be made available in the temporary assistance for needy families program to effectuate this policy. [1983 c.414 §1; 1985 c.622 §1; 1997 c.581 §40]

 

      418.185 Unemployed parents program. Within the limits of funds expressly appropriated and specifically available for a temporary assistance for needy families program, such assistance shall be available for aid to dependent children of unemployed parents. [1983 c.414 §4; 1995 c.816 §10; 1997 c.581 §41]

 

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 society’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 disturbed children;

      (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]

 

      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 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. (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 program’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 days’ 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 agency’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 Oregon shall represent prospective adoptive parents in their attempt to adopt a child being cared for under the provisions of ORS 418.005 to 418.025, 418.035 to 418.185, 418.205 to 418.315, and 418.625 to 418.685.

      (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 Board of Medical Examiners, 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 physician’s best medical judgment and without consent if:

      (a) Because of the general state of the child’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 child’s parent or the child’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 child’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 child’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 child’s original voluntary placement, and not less frequently than once every 12 months thereafter during the continuation of the child’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; child’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 child’s life;

      (b) One examination during the second year of the child’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 child’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 child’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 child’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 child’s health record. The child’s health record shall be kept as a part of the agency’s total records of that child. The child’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 child’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 department’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 weeks’ 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 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 child’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 Rulemaking authority. 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 and 443.991 (2).

      (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 resident’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. Such payment grants shall be subject to an agreement between the minor and the department which 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. Such management agreements or joint accounts shall 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 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 shall 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]

 

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 Oregon to strengthen family life and to insure the protection of all children either in their own homes or in other appropriate care outside their homes. In affording such protection, the Director of Human Services shall in cooperation with public and private child-caring agencies develop a set of short-range and long-range priorities for the development of needed child care and services, such priorities to be periodically reviewed and revised as necessary. Such priorities are to be set out in a form enumerating the number of children in each category of need, the type of child care and services needed, the areas of the state where such care and services are needed, and the projected costs. The State of Oregon hereby commits itself to the purchase of care and services for children who need care and to encourage private child-caring agencies to develop programs required to meet the needs of the children of this state and money may be appropriated therefor. In developing programs necessary to meet the needs of the children of this state, the Director of Human Services shall make every attempt feasible to develop community organizations. Such efforts to develop community organizations are to be documented and presented to the next session of the Legislative Assembly. [1971 c.457 §2; 1975 c.795 §3]

 

      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; agreement content. 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. [1971 c.457 §4; 1993 c.33 §329]

 

      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 child’s parent and the parent’s legal representative, if any, and the child’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 such home any child under the age of 21 years not related to the person by blood or marriage and unattended by its parent or guardian, for the purpose of providing such 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]

 

      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 child’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]

 

      418.648 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: 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.

 

OREGON YOUTH CONSERVATION CORPS

 

      418.650 Policy; purpose. (1) The Legislative Assembly of the State of Oregon finds and declares that:

      (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 Oregon depends substantially upon a strong work ethic among Oregon’s disadvantaged and at-risk young adults;

      (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 Oregon’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 state’s environmental maintenance and productivity, the state’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 Oregon Youth Conservation Corps; advisory committee; appointment; term; duties. (1) Subject to the availability of funds therefor, there is created an Oregon Youth Conservation Corps that shall provide emergency services, public conservation, rehabilitation and improvement programs. The corps shall be headed by a program director, and shall be administered through the Department of Community Colleges and Workforce Development.

      (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 Oregon Community Stewardship Corps; projects; tuition vouchers for program participants; sponsors; criteria. (1) The program director of the Oregon Youth Conservation Corps shall establish a separate program known as the Oregon Community Stewardship Corps. In addition to the established purposes of the Oregon Youth Conservation Corps, the purpose of the Oregon Community Stewardship Corps is to promote community service activities throughout the state for a broad cross section of Oregon disadvantaged and at-risk youth through programs that also include appropriate educational and job training opportunities for participants.

      (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 months’ 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 workers’ 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 orphans’ 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 orphans’ homes. For the purposes of ORS 418.675, the Boys’ and Girls’ Aid Society and the Baby Home at Portland hereby are declared to be orphans’ homes. [Formerly 419.456]

 

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 Oregon and is directly involved with children participating in an organized youth sports activity. [2001 c.550 §1]

 

      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 individual’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 investigators; curriculum; 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 team’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 attorney’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 team’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 organizations’ and agencies’ 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 victim’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 county’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. (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 child’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 department’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. [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]

 

      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]

 

REGIONAL ASSESSMENT CENTERS AND COMMUNITY ASSESSMENT SERVICES

 

      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 Oregon to ensure that every child reasonably suspected to have been subjected to child abuse receives a skilled, complete and therapeutic child abuse medical assessment. [1991 c.898 §1; 1993 c.33 §331; 1997 c.872 §32; 2001 c.624 §6; 2005 c.562 §4]

 

      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 General’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 Oregon who specializes in children and families;

      (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. [2005 c.562 §20]

 

      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 applicant’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 Oregon by the Board of Medical Examiners for the State of Oregon; and

      (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 United States, its agencies or from other sources, public or private, and agree to conditions not inconsistent with the purposes of ORS 418.746 to 418.796. All funds received are to aid in financing the functions of the advisory council and the purposes of ORS 418.746 to 418.796 and shall be deposited in the General Fund of the State Treasury to the credit of a separate account and are continuously appropriated to the Child Abuse Multidisciplinary Intervention Program established by ORS 418.783 for the purposes of ORS 418.746 to 418.796. [1991 c.898 §10; 1993 c.33 §337; 1997 c.872 §39; 2001 c.624 §10; 2005 c.562 §17]

 

      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 child’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.

 

      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 person’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]

 

      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 child’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 child’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 child’s home pursuant to ORS 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that:

      (a) Preventative or remedial services provided by the Department of Human Services have failed to alleviate the need for removal; and

      (b) Return to the home will likely result in psychological or physical damage to the child.

      (2) The department must include in its petition in addition to the material required under ORS 418.930 and 419B.809 or ORS 419C.255, the following:

      (a) Specific actions the department is taking or has taken to alleviate the need for removal.

      (b) Assurance that the department has complied with the placement preferences of ORS 418.937.

      (c) Assurance that the department is making or has made diligent efforts to locate and to give notice to all affected refugee family members and to the Refugee Child Welfare Advisory Committee of the pendency of the petition. [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 child’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, 418.130, 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 Rulemaking. 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 418.130 or 418.140 (1) commits a Class A misdemeanor.

      (2) A person who violates ORS 418.250 (2), 418.255, 418.290 or 418.300 commits a Class D violation.

      (3) A person who violates ORS 418.630 commits a Class B misdemeanor.

      (4) 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]

 

      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 and 418.992 to 418.998.

      (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 for violations other than:

      (a) Those involving direct care or feeding of children, staff to child ratio, 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]

 

      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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