There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 419b
- 419B.005 Definitions.
- 419B.007 Policy.
- 419B.010 Duty of officials to report child abuse; exceptions; penalty.
- 419B.015 Report form and content; notice.
- 419B.016 Offense of false report of child abuse.
- Note: 419B.016 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 419B.017 Time limits for notification between law enforcement agencies and Department of Human Services; rules.
- Note: 419B.017 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 419B.020 Duty of department or law enforcement agency receiving report; investigation; notice to parents; physical examination; child s consent; notice at conclusion of investigation.
- 419B.021 Degree requirements for persons conducting investigation or making determination regarding child.
- Note: Section 2, chapter 431, Oregon Laws 2011, provides:
- Sec. 2.
- Note: 419B.021 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 419B.022 Short title.
- Note: 419B.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 419B.023 Duties of person conducting investigation under ORS 419B.020.
- Note: 419B.023 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 419B.024 Critical Incident Response Team for child fatality; rules.
- Note: 419B.024 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 419B.025 Immunity of person making report in good faith.
- 419B.028 Photographing child during investigation; photographs as records.
- 419B.030 Central registry of reports.
- 419B.035 Confidentiality of records; when available to others.
- Note: The amendments to 419B.035 by section 4, chapter 348, Oregon Laws 2009, become operative January 1, 2014. See section 6, chapter 348, Oregon Laws 2009. The text that is operative on and after January 1, 2014, is set forth for the user s convenience.
- 419B.035. (1) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and may not be disclosed except as provided in this section. The Department of Human Services shall make the records available to: (a) Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse; (b) Any physician, at the request of the physician, regarding any child brought to the physician or coming before the physician for examination, care or treatment; (c) Attorneys of record for the child or child s parent or guardian in any juvenile court proceeding; (d) Citizen review boards established by the Judicial Department for the purpose of periodically reviewing the status of children, youths and youth offenders under the jurisdiction of the juvenile court under ORS 419B.100 and 419C.005. Citizen review boards may make such records available to participants in case reviews; (e) A court appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect; (f) The Child Care Division for certifying, registering or otherwise regulating child care facilities; (g) The Office of Children s Advocate; (h) The Teacher Standards and Practices Commission for investigations conducted under ORS 342.176 involving any child or any student in grade 12 or below; and (i) Any person, upon request to the Department of Human Services, if the reports or records requested regard an incident in which a child, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015. Reports or records disclosed under this paragraph must be disclosed in accordance with ORS 192.410 to 192.505. (2)(a) When disclosing reports and records pursuant to subsection (1)(i) of this section, the Department of Human Services may exempt from disclosure the names, addresses and other identifying information about other children, witnesses, victims or other persons named in the report or record if the department determines, in written findings, that the safety or well-being of a person named in the report or record may be jeopardized by disclosure of the names, addresses or other identifying information, and if that concern outweighs the public s interest in the disclosure of that information. (b) If the Department of Human Services does not have a report or record of abuse regarding a child who, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015, the department may disclose that information. (3) The Department of Human Services may make reports and records compiled under the provisions of ORS 419B.010 to 419B.050 available to any person, administrative hearings officer, court, agency, organization or other entity when the department determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the Director of Human Services gives prior written approval. The Department of Human Services shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection or subsection (1) or (2) of this section. The name, address and other identifying information about the person who made the report may not be disclosed pursuant to this subsection and subsection (1) of this section. (4) A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 to 419B.050 available to other law enforcement agencies, district attorneys, city attorneys with criminal prosecutorial functions and the Attorney General when the law enforcement agency determines that disclosure is necessary for the investigation or enforcement of laws relating to child abuse and neglect. (5) A law enforcement agency, upon completing an investigation and closing the file in a specific case relating to child abuse or neglect, shall make reports and records in the case available upon request to any law enforcement agency or community corrections agency in this state, to the Department of Corrections or to the State Board of Parole and Post-Prison Supervision for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release. A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 to 419B.050 available to law enforcement, community corrections, corrections or parole agencies in an open case when the law enforcement agency determines that the disclosure will not interfere with an ongoing investigation in the case. The name, address and other identifying information about the person who made the report may not be disclosed under this subsection or subsection (6)(b) of this section. (6)(a) Any record made available to a law enforcement agency or community corrections agency in this state, to the Department of Corrections or the State Board of Parole and Post-Prison Supervision or to a physician in this state, as authorized by subsections (1) to (5) of this section, shall be kept confidential by the agency, department, board or physician. Any record or report disclosed by the Department of Human Services to other persons or entities pursuant to subsections (1) and (3) of this section shall be kept confidential. (b) Notwithstanding paragraph (a) of this subsection: (A) A law enforcement agency, a community corrections agency, the Department of Corrections and the State Board of Parole and Post-Prison Supervision may disclose records made available to them under subsection (5) of this section to each other, to law enforcement, community corrections, corrections and parole agencies of other states and to authorized treatment providers for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release. (B) A person may disclose records made available to the person under subsection (1)(i) of this section if the records are disclosed for the purpose of advancing the public interest. (7) An officer or employee of the Department of Human Services or of a law enforcement agency or any person or entity to whom disclosure is made pursuant to subsections (1) to (6) of this section may not release any information not authorized by subsections (1) to (6) of this section. (8) As used in this section, law enforcement agency has the meaning given that term in ORS 181.010. (9) A person who violates subsection (6)(a) or (7) of this section commits a Class A violation.
- 419B.040 Certain privileges not grounds for excluding evidence in court proceedings on child abuse.
- 419B.045 Investigation conducted on public school premises; notification; role of school personnel.
- 419B.050 Authority of health care provider to disclose information; immunity from liability.
- 419B.090 Juvenile court; jurisdiction; policy.
- 419B.100 Jurisdiction; bases; Indian children.
- 419B.110 Emergency medical care; court may authorize.
- 419B.115 [1993 c.546 25; 1997 c.479 2; 1997 c.873 21; 1999 c.859 7; 2001 c.214 1; 2001 c.622 39,39a; 2001 c.962 83; renumbered 419B.875 in 2001]
- 419B.116 Intervention; caregiver relationship; rights of limited participation.
- 419B.117 Notice to parents or guardian of child; when given; contents.
- 419B.118 Venue.
- 419B.121 Return of runaway children to another state.
- 419B.124 Transfer to juvenile court from another court.
- 419B.127 Transfer to court of county of child or ward s residence.
- 419B.130 Delegation of jurisdiction by county of residence.
- 419B.132 Delegation of jurisdiction among county juvenile courts.
- 419B.135 Transfer of case; transportation of child or ward.
- 419B.150 When protective custody authorized; disposition of runaway child taken into protective custody.
- 419B.155 Protective custody not arrest.
- 419B.157 Jurisdiction attaches at time of custody.
- 419B.160 Place of detention; record; parental notice required.
- 419B.165 Release of child taken into custody.
- 419B.168 Procedure when child is not released.
- 419B.171 Report required when child is taken into custody.
- 419B.175 Initial disposition of child taken into custody.
- 419B.180 Shelter and detention facilities.
- 419B.183 Speedy hearing required.
- 419B.185 Evidentiary hearing.
- 419B.190 [1993 c.295 2; 1997 c.863 3; 1999 c.65 1; 2001 c.622 37; renumbered 419B.845 in 2001] (Placement of Child or Ward)
- 419B.192 Placement of child or ward; preference given to relatives and caregivers; written findings of court required.
- 419B.195 Appointment of counsel for child or ward; access of appointed counsel to records of child or ward.
- 419B.198 Responsibility for payment of costs related to provision of appointed counsel for child or ward.
- 419B.201 Compensation for court-appointed counsel for child or ward under ORS 135.055.
- 419B.205 Appointment of counsel for parent or legal guardian.
- 419B.208 Other law applicable to appointment of counsel.
- 419B.211 Motion to withdraw as counsel.
- 419B.220 Appointment of surrogate.
- 419B.223 Duties and tenure of surrogate.
- 419B.230 [1993 c.33 85; 1993 c.546 39; repealed by 2001 c.622 57] (Guardian Ad Litem for Parent)
- 419B.231 Appointment; hearing; findings.
- 419B.233 [1993 c.33 87; repealed by 2001 c.622 57]
- 419B.234 Qualifications; duties; privilege.
- 419B.236 [1993 c.33 88; repealed by 2001 c.622 57]
- 419B.237 Duration of appointment; compensation.
- 419B.239 [1993 c.33 89; 1993 c.546 40; repealed by 2001 c.622 57]
- 419B.242 [1993 c.33 90; 1993 c.546 41; repealed by 2001 c.622 57]
- 419B.245 [1993 c.33 91; 2001 c.622 38; renumbered 419B.872 in 2001]
- 419B.260 [1993 c.546 43 (enacted in lieu of 1993 c.33 92); 1997 c.707 31; 1997 c.873 12; 1999 c.302 1; 2001 c.622 36; renumbered 419B.806 in 2001]
- 419B.265 [1993 c.33 93; 1993 c.546 44; 1995 c.273 21; repealed by 2001 c.622 57]
- 419B.268 [1993 c.33 94; 1993 c.295 3; 1993 c.546 45; repealed by 2001 c.622 57]
- 419B.271 [1993 c.33 95; 1993 c.295 4; 1993 c.546 46; 1995 c.273 22; repealed by 2001 c.622 57]
- 419B.274 [1993 c.33 96; repealed by 2001 c.622 57]
- 419B.277 [1993 c.33 97; 1993 c.546 47; repealed by 2001 c.622 57]
- 419B.280 [1993 c.33 98; renumbered 419B.827 in 2001]
- 419B.282 [1993 c.33 99; 2001 c.622 48; renumbered 419B.842 in 2001]
- 419B.285 [1993 c.33 100; 1993 c.546 48; 2001 c.622 41; renumbered 419B.914 in 2001]
- 419B.300 [1993 c.546 50; 2001 c.622 40; renumbered 419B.881 in 2001] (Hearings)
- 419B.305 When hearing must be held; continuation; priority.
- 419B.310 Conduct of hearings.
- 419B.315 [1993 c.546 53; 2001 c.622 55; renumbered 419B.884 in 2001]
- 419B.317 [1993 c.33 102; repealed by 2001 c.622 57]
- 419B.320 [1993 c.33 103; 2001 c.104 151; 2001 c.338 1; 2001 c.962 48; renumbered 419B.908 in 2001] (Disposition)
- 419B.325 Disposition required; evidence.
- 419B.328 Ward of the court; duration of wardship.
- 419B.331 When protective supervision authorized; conditions that may be imposed.
- 419B.334 Placement out of state.
- 419B.337 Commitment to custody of Department of Human Services.
- 419B.340 Reasonable or active efforts determination.
- 419B.343 Recommendations of committing court; case planning; plan contents.
- 419B.346 Medical planning.
- 419B.349 Court authority to review placement.
- 419B.350 [1997 c.873 15; 1999 c.859 13; repealed by 2001 c.686 25]
- 419B.352 Hospitalization; mental health examination.
- 419B.365 Permanent guardianship; petition; when filed; procedure.
- 419B.366 Guardianship; motion; procedure.
- 419B.367 Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian.
- 419B.368 Review, modification or vacation of guardianship order.
- 419B.369 Guardianship study; rules.
- 419B.370 Guardianship as incident of custody.
- 419B.373 Duties and authority of legal custodian.
- 419B.376 Duties and authority of guardian.
- 419B.379 Guardian is not conservator.
- 419B.385 Parent or guardian as party.
- 419B.387 Parent participation in treatment or training.
- 419B.389 Inability of parent to comply with order of court.
- 419B.395 Judgment of paternity or nonpaternity.
- 419B.400 Authority to order support; collection.
- 419B.402 Support order is judgment.
- 419B.404 Support for child or ward in state financed or supported institution.
- 419B.406 Assignment of support order to state.
- 419B.408 Enforcement of support order.
- 419B.420 [1993 c.33 126; repealed by 2001 c.622 57]
- 419B.423 [1993 c.33 127; 1993 c.546 125; repealed by 2001 c.622 57]
- 419B.426 [1993 c.33 128; repealed by 2001 c.622 57] (Reports by Guardians and Custodians)
- 419B.440 Circumstances requiring reports.
- 419B.443 Time and content of reports.
- 419B.446 Filing report.
- 419B.449 Review hearing by court; findings.
- 419B.452 Distribution of report by court.
- 419B.460 Agency s responsibility.
- 419B.470 Permanency hearing; schedule.
- 419B.473 Notice; appearance.
- 419B.476 Conduct of hearing; court determinations; orders.
- 419B.498 Termination of parental rights; petition by Department of Human Services; when required.
- 419B.500 Termination of parental rights generally.
- 419B.502 Termination upon finding of extreme conduct.
- 419B.504 Termination upon finding of unfitness.
- 419B.506 Termination upon finding of neglect.
- 419B.508 Termination upon finding of abandonment.
- 419B.510 Termination upon finding child conceived as result of rape.
- Note: Section 6, chapter 438, Oregon Laws 2011, provides:
- Sec. 6.
- 419B.515 [1993 c.33 143; 1993 c.546 57; repealed by 2001 c.622 57]
- 419B.517 Mediation to be encouraged.
- Note: 419B.517 was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 419B.518 Appointment of counsel for parents.
- 419B.521 Conduct of termination hearing.
- 419B.524 Effect of termination order.
- 419B.527 Disposition of ward after termination.
- 419B.529 Adoption after permanent commitment or surrender; procedure; certain fees prohibited.
- 419B.530 Representation by Attorney General.
- 419B.550 Definitions for ORS 419B.550 to 419B.558.
- 419B.552 Application for emancipation judgment; effect of judgment.
- 419B.555 Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.
- 419B.558 Entry of judgment of emancipation.
- 419B.800 Applicability of ORS 419B.800 to 419B.929.
- 419B.803 Jurisdiction.
- 419B.806 Consolidation; when required; procedures.
- 419B.809 Petition; contents; form; dismissal.
- 419B.812 Issuance of summons; time for hearing on petition.
- 419B.815 Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear.
- 419B.816 Notice to person contesting petition to establish jurisdiction.
- 419B.818 Form of summons under ORS 419B.815.
- 419B.819 Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear.
- 419B.820 Notice to parent contesting petition to establish permanent guardianship or terminate parental rights.
- Note: 419B.820 was added to and made a part of ORS chapter 419B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 419B.821 [2001 c.622 8; 2003 c.230 1; renumbered 419B.823 in 2003]
- 419B.822 Form of summons under ORS 419B.819.
- 419B.823 Service of summons generally.
- 419B.824 Methods of serving summons.
- 419B.827 Responsibility for costs of service of summons and travel expenses of party summoned.
- 419B.830 Return of summons.
- 419B.833 Proof of service of summons or mailing.
- 419B.836 Effect of error in summons or service of summons.
- 419B.839 Required and discretionary summons.
- 419B.842 When arrest warrant authorized.
- 419B.845 Restraining order when child abuse alleged.
- 419B.846 Service of restraining order.
- 419B.848 Process generally.
- 419B.851 Service of process; filing; proof of service.
- 419B.854 Computing statutory time periods.
- 419B.857 Pleadings; construction.
- 419B.860 Motions.
- 419B.863 Pleadings; captions.
- 419B.866 Signing pleadings required; effect of signing or not signing.
- 419B.869 Responding to pleadings; time limit.
- 419B.872 Amendment of pleadings.
- 419B.875 Parties to proceedings; rights of limited participation; status of grandparents; interpreters.
- 419B.878 Applicability of Indian Child Welfare Act.
- 419B.881 Disclosure; scope; when required; exceptions; breach of duty to disclose.
- 419B.884 Depositions; procedure.
- 419B.887 Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation.
- 419B.890 Dismissal of petition at end of petitioner s case; settlement conference.
- 419B.893 Subpoenas generally.
- 419B.896 Subpoena for production of books, papers, documents and other tangible things.
- 419B.899 Issuance of subpoena.
- 419B.902 Service of subpoena.
- Note: The amendments to 419B.902 by section 75, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 419B.902. (1) A subpoena may be served by the party or any other person 18 years of age or older. Except as provided in subsections (2), (3) and (4) of this section, the service must be made by delivering a copy to the witness personally. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is not accompanied by a command to appear at trial, hearing or deposition under ORS 419B.884, whether the subpoena is served personally or by mail, copies of a subpoena commanding production and inspection of books, papers, documents or other tangible things before trial must be served on each party at least seven days before the subpoena is served on the person required to produce and permit inspection, unless the court orders a shorter period. (2)(a) A law enforcement agency shall designate an individual upon whom service of a subpoena may be made. A designated individual must be available during normal business hours. In the absence of a designated individual, service of a subpoena under paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency. (b) If a peace officer s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on the officer by delivering a copy personally to the officer or to an individual designated by the agency that employs the officer no later than 10 days prior to the date attendance is sought. A subpoena may be served in this manner only if the officer is currently employed as a peace officer and is present within the state at the time of service. (c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to give actual notice to the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall promptly notify the court and a postponement or continuance may be granted to allow the officer to be personally served. (d) As used in this subsection, law enforcement agency means the Oregon State Police, a county sheriff s department, a municipal police department or a police department established by a university under ORS 352.383. (3) Under the following circumstances, service of a subpoena to a witness by mail has the same legal force and effect as personal service: (a) The attorney mailing the subpoena certifies in connection with or upon the return of service that the attorney, or the attorney s agent, has had personal or telephone contact with the witness and the witness indicated a willingness to appear at trial if subpoenaed; or (b) The subpoena was mailed to the witness more than five days before trial by certified mail or some other designation of mail that provides a receipt for the mail signed by the recipient and the attorney received a return receipt signed by the witness prior to trial. (4) Service of subpoena by mail may be used for a subpoena commanding production of books, papers, documents or other tangible things that is not accompanied by a command to appear at trial or hearing or at a deposition under ORS 419B.884. (5) Proof of service of a subpoena is made in the same manner as proof of service of a summons except that the server is not required to certify that the server is not a party in the action or an attorney for a party in the action.
- 419B.905 Subpoena of incarcerated witness.
- 419B.908 Witness fees; payment.
- 419B.911 Failure to obey subpoena.
- 419B.914 Proceeding when person entitled to service is not summoned and is not before court.
- 419B.917 [2001 c.622 31; repealed by 2003 c.205 12 (419B.918 enacted in lieu of 419B.917)]
- 419B.918 Manner of appearance.
- 419B.920 New hearings.
- 419B.923 Modifying or setting aside order or judgment.
- 419B.926 Stay of order or judgment pending appeal.
- 419B.929 Enforcement of certain orders and judgments.
- 419B.950 Educational program regarding federal and state adoption and child welfare laws; establishment; purpose.
- Note: 419B.950 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. _______________
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