68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2342
House Bill 2685
Sponsored by Representative MINNIS, Senator CEASE;
Representatives BAUM, BRIAN, CORCORAN, FAHEY, LUKE, MANNIX,
PIERCY, REPINE, SHIBLEY, WYLIE, Senators BRYANT, SHANNON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adds court appointed special advocates to list of persons
required to report child abuse.
Creates procedure for obtaining emergency protective order to
protect child who is in danger of being abused.
A BILL FOR AN ACT
Relating to children; creating new provisions; and amending ORS
419B.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.005 is amended to read:
419B.005. As used in ORS 418.747, 418.748, 418.749 and 419B.005
to 419B.045, unless the context requires otherwise:
(1) 'Abuse' means:
(a) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(b) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(c) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163.
(d) Sexual abuse, as defined in ORS chapter 163.
(e) Sexual exploitation, including but not limited to:
(A) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
(B) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(f) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care. However, any child who is
under care or treatment solely by spiritual means pursuant to the
religious beliefs or practices of the child or the child's parent
or guardian shall not, for this reason alone, be considered a
neglected or maltreated child under this section.
(g) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Resources, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Clergyman.
(i) Licensed clinical social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of day care or foster care, or an
employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter or emergency medical technician.
{ + (r) A court appointed special advocate, as defined in ORS
419A.004. + }
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
SECTION 2. { + (1) A judge of the circuit court for a county
may orally issue, by telephone or otherwise, an ex parte
emergency protective order when a law enforcement officer asserts
reasonable grounds to believe that a child is in immediate and
present danger of abuse, as defined in ORS 419B.005, by a family
or household member based upon an allegation of a recent incident
of abuse or threat of abuse by that family or household member.
The order may consist of any of the orders authorized by ORS
107.718 and may include provisions placing the temporary care and
control of the endangered child and any other minor children in
the family or household with the parent or legal guardian of the
endangered child who is not a restrained party. The order expires
at the close of judicial business on the second day of judicial
business following the day of its issue. The order is issued
without prejudice to any party. The presiding judge of the
circuit court for each county shall designate at least one judge
to be reasonably available to orally issue, by telephone or
otherwise, emergency protective orders at all times when the
circuit court is not in session.
(2) A judge may issue an emergency protective order under this
section only upon a finding that reasonable grounds have been
asserted to believe that a child is in immediate and present
danger of abuse and that an emergency protective order is
necessary to prevent the occurrence or recurrence of abuse. The
law enforcement officer requesting the order shall reduce it to
writing and shall sign the order. The order must include all of
the following:
(a) A statement of the grounds asserted for the order.
(b) The date and time the order expires.
(c) The address of the juvenile court for the county in which
the endangered child resides.
(d) The following statement:
_________________________________________________________________
' This order lasts only until the date and time noted above. A
more permanent restraining order under ORS 419B.190 may be
applied for from the court, at the address noted above, when it
opens. The advice of an attorney may be sought in connection with
the application for a more permanent restraining order. '
_________________________________________________________________
(3) The parent or legal guardian of the endangered child who is
not a restrained party, or any person having temporary custody of
the endangered child, may apply for a more permanent restraining
order under ORS 419B.190 when the court opens.
(4) The Judicial Department shall prescribe the form of the
order and any other documents required by this section.
(5) The law enforcement officer who requested the emergency
protective order, while on duty, shall carry copies of the order.
(6) If the person reasonably can be located, the officer shall:
(a) Serve the emergency protective order on the person to be
restrained;
(b) Give a copy of the emergency protective order to the parent
or legal guardian of the endangered child or any person having
temporary custody of the endangered child, if the parent, legal
guardian or person having temporary custody is not the restrained
party; and
(c) File a copy of the emergency protective order with the
court as soon as practicable after issuance.
(7) The availability of an emergency protective order is not
affected by the endangered child leaving the household to avoid
abuse.
(8) A law enforcement officer shall use every reasonable means
to enforce an emergency protective order issued under this
section. An officer is not civilly or criminally liable for
actions taken pursuant to this section if the officer's actions
are taken in good faith. + }
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