Chapter 418 — Child Welfare Services

 

2023 EDITION

 

 

CHILD WELFARE SERVICES

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

CHILD WELFARE SERVICES GENERALLY

 

418.001     Definition for ORS 418.005 to 418.030

 

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

 

418.010     Children not to be taken charge of when parents object

 

418.015     Custody and care of needy children by department

 

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

 

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

 

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

 

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

 

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

 

418.027     Agreements for custody, care or treatment; rules

 

418.030     Services to prevent, control and treat juvenile delinquency

 

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

 

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

 

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

 

418.036     Child welfare report

 

418.039     Policy on prohibited disqualifications of child welfare services providers

 

GOVERNOR’S CHILD FOSTER CARE ADVISORY COMMISSION

 

418.041     Governor’s Child Foster Care Advisory Commission; terms; compensation

 

418.043     Membership of commission; meetings

 

418.044     Functions and duties of commission; rules

 

418.046     Advisory or technical committees; Child Welfare Equity Advisory Committee

 

CHILD ABUSE AND NEGLECT

 

418.189     Policy on prevention of child abuse and neglect

 

418.190     Centralized child abuse reporting system

 

FOSTER CHILDREN

 

(School attendance)

 

418.194     Scheduling visitation around school attendance; records

 

(Oregon Foster Children’s Bill of Rights)

 

418.200     Definitions

 

418.201     Legislative intent

 

418.202     Oregon Foster Children’s Bill of Rights; rules

 

(Temporary provisions relating to provision of luggage carriers to foster children are compiled as notes following ORS 418.202)

 

(Speech protections)

 

418.203     Prohibitions on discipline or retaliation for speaking about services received

 

(Temporary provisions relating to notices to children placed in out-of-state facilities are compiled as notes following ORS 418.203)

 

CHILD-CARING AGENCIES; PLACEMENT IN FOSTER HOMES BY CHILD-CARING AGENCIES

 

418.205     Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998

 

418.210     Application of ORS 418.205 to 418.327

 

418.215     Child-caring agency to be licensed, certified or authorized

 

418.240     Licensing, certification and authorization criteria; duration; fees; rules

 

418.241     Licensing of secure transportation services providers; licensing exemptions; mandatory disclosures; rules

418.246     Bond for outdoor youth program licensure

 

418.248     Certification of proctor foster homes; rules

 

418.250     Supervision of child-caring agencies

 

418.255     Inspection and supervision; training; rules

 

418.256     Interference with disclosure of information; rules

 

418.257     Definitions for ORS 418.257 to 418.259

 

418.258     Report of suspected abuse; notifications; investigation

 

418.259     Investigation of suspected abuse; findings; notifications; reports

 

418.260     Investigation of abuses, deficiencies, violations or failures to comply, in child-caring agencies

 

418.262     Minimum staffing required for licensing, inspection and investigation; rules

 

418.263     Child-Caring Agencies Account

 

418.265     Reports; audit

 

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

 

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

 

418.280     Placement of children

 

418.285     Authority of department same as 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     Access to child receiving care or services

 

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 of children; judicial review of placement

 

418.313     Young adult voluntary placement program; judicial review of placement; rules

 

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

 

418.318     Authority to pay for qualified residential treatment programs

 

418.319     Goal regarding placed children receiving federal assistance

 

418.321     Out-of-state child-caring agency; contract requirements; licensing; transport of child; placement of juvenile offenders; rules

 

418.322     Placement in congregate care residential setting; limitations

 

418.323     Qualified residential treatment program; rules

 

418.324     Independent assessment

 

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

 

418.327     Licensing of private residential boarding schools; fees

 

PAYMENTS TO ADOPTIVE PARENTS OR GUARDIANS

 

418.330     Payments to adoptive parents or guardians; conditions; limitations

 

418.335     Determination of eligibility for payments; review; hearing

 

418.340     Rules

 

418.345     Adoption Applicable Child Savings Fund

 

REFERRALS TO RESIDENTIAL CARE AND SECURE TRANSPORTATION SERVICES PROVIDERS

 

418.351     Definitions for 418.351 to 418.357

 

418.353     Residential care referrals; disclosures; limitations; compensation; penalties

 

418.357     Residential care referral agents; registration; rules; penalties

 

418.359     Referrals to secure transportation services providers; disclosure

 

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 person and department

 

PURCHASE OF CARE

 

418.480     “Purchase of care” defined

 

418.485     Policy; annual report

 

418.490     Coordination of state activities

 

418.495     Authority to purchase care; agreement content; payment standards for foster care; rules

 

418.500     Out-of-state care for children

 

USE OF PSYCHOTROPIC MEDICATIONS

 

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

 

RESTRAINT AND INVOLUNTARY SECLUSION OF CHILDREN IN CARE

 

418.519     Definitions for ORS 418.519 to 418.532

 

418.521     Prohibitions on restraint and involuntary seclusion of child in care

 

418.523     Permissible use of restraint or involuntary seclusion of child in care

 

418.526     Program procedures; record keeping; notices following use of restraint or involuntary seclusion; reports; use of video recording equipment; rules

 

418.528     Quarterly reports; public access to reports; notices

 

418.529     Training standards and certification; instructor qualifications; continuing education; rules

 

418.532     Notices to children in care

 

STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAMS

 

418.575     Definitions for ORS 418.575 to 418.598

 

418.578     Legislative findings

 

418.580     Strengthening, Preserving and Reunifying Families programs; implementation; contracts; services provided; rules; training; funding; annual report

 

418.585     Strengthening, Preserving and Reunifying Families Program Fund

 

418.590     Waiver of federal requirements; plan for reinvesting savings and combining resources

 

418.595     Placement and referral to program to be considered in reasonable or active efforts determination; written explanation

 

418.598     Rules

 

OREGON FOSTER CHILDREN’S SIBLING BILL OF RIGHTS

 

418.606     Definitions

 

418.607     Legislative intent

 

418.608     Oregon Foster Children’s Sibling Bill of Rights; rules

 

418.609     Applicability of Indian Child Welfare Act

 

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 and adoptive 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

 

418.644     Interference with disclosure of information; rules

 

418.645     Appeal from decision of department

 

418.647     Foster care payments

 

418.648     Rights of foster parents

 

OREGON YOUTH CORPS

 

418.650     Policy; purpose

 

418.653     Oregon Youth Corps

 

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

 

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

 

418.660     Projects; consistency with public land law

 

418.663     Employment goals

 

A. R. BURBANK TRUST FUND

 

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

 

418.680     Annual report of trustees

 

418.685     Certain agencies declared to be orphans’ homes

 

GENERAL POLICY

 

418.688     Policy

 

YOUTH SPORTS ACTIVITIES

 

418.691     Definitions for ORS 418.691 to 418.701

 

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

 

418.699     Additional duties or liabilities not imposed on youth sports providers

 

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

 

MISCELLANEOUS PROVISIONS

 

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

 

418.706     State Technical Assistance Team for child fatalities; duties

 

418.708     Child’s savings account; establishment; capacity to contract; parental consent; liability of financial institution; monitoring of account

 

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

 

YOUTH SUICIDE INTERVENTION AND PREVENTION

 

418.726     Youth Suicide Intervention and Prevention Advisory Committee

 

418.731     Youth Suicide Intervention and Prevention Coordinator; duties

 

418.733     Updates to Youth Suicide Intervention and Prevention Plan; content

 

418.735     Plan for communication among local mental health authorities regarding certain suicides; Oregon Health Authority notification; authority as resource; notice of death suspected to be suicide

 

INVESTIGATION OF CHILD ABUSE, RAPE AND SUICIDE

 

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

 

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

 

418.748     Statewide team on child abuse and suicide

 

418.751     Training and education for persons investigating child abuse

 

CHILDREN’S ADVOCACY CENTERS

 

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; rules

 

418.792     Application contents for children’s advocacy 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 child abuse multidisciplinary team

 

CRITICAL INCIDENT REVIEW TEAMS

 

418.804     Short title

 

418.806     Policy

 

418.808     Critical incident

 

418.811     Team assignment and membership; rules

 

418.813     Report

 

418.816     Critical Incident Review Team website

 

REFUGEE CHILDREN

 

418.925     “Refugee child” defined

 

418.927     When refugee child may be removed from home; placement

 

418.930     Petition to juvenile court required upon removal of refugee child

 

418.933     Judicial determination on removal required

 

418.935     Petition by relative of refugee child

 

418.937     Placement decision; order of preference for placement

 

418.939     Record for refugee child; content

 

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

 

418.943     Annual report

 

418.945     Rules

 

LOCAL RESIDENTIAL CHILD CARE FACILITIES

 

418.950     Definitions for ORS 418.950 to 418.970

 

418.955     Policy

 

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

 

418.965     Approval or denial of applications

 

418.970     ORS 418.950 to 418.970 inapplicable to existing facilities

 

SYSTEMS OF CARE

 

418.976     Definitions for ORS 418.976 to 418.981

 

418.978     System of Care Advisory Council

 

418.979     Purpose; duties; rules

 

418.981     Children’s System Data Dashboard; rules

 

418.983     System of Care Account

 

418.984     Interdisciplinary assessment teams

PENALTIES

 

418.990     Criminal penalties

 

418.991     Penalty for interference with disclosure of information

 

418.992     Civil penalty; rules

 

418.993     Procedure

 

418.994     Schedule of penalties; rules

 

418.995     Factors considered in imposing penalty

 

418.997     Judicial review

 

418.998     Disposition of penalties

 

CHILD WELFARE SERVICES GENERALLY

 

      418.001 Definition for ORS 418.005 to 418.030. As used in ORS 418.005 to 418.030, “child” or “juvenile” means an individual under 21 years of age. [1973 c.827 §34]

 

      418.003 [1973 c.463 §§2,3; repealed by 2001 c.900 §261]

 

      418.005 Powers of department in connection with child welfare services; rules; advisory committee. (1) In order to establish, extend and strengthen welfare services for the protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent, the Department of Human Services may:

      (a) Make all necessary rules and regulations for administering child welfare services under this section.

      (b) Accept and disburse any and all federal funds made available to the State of Oregon for child welfare services.

      (c) Make such reports in such form and containing such information as may from time to time be required by the federal government and comply with such provisions as may from time to time be found necessary to insure correctness and verification of such reports.

      (d) Cooperate with medical, health, nursing and welfare groups and organizations and with any agencies in the state providing for protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent.

      (e) Cooperate with the United States Government or any of its agencies in administering the provisions of this section.

      (2)(a) There is created an advisory committee that shall consist of 21 members to advise the department on the development and administration of child welfare policies, programs and practices. Members shall be appointed by and serve at the pleasure of the Director of Human Services.

      (b) Advisory committee membership shall include representatives of other state agencies concerned with services, representatives of professional, civic or other public or private organizations, private citizens interested in service programs, and recipients of assistance or service or their representatives.

      (c) Members of the advisory committee shall receive no compensation for their services. Members of the advisory committee other than members employed in full-time public service shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties by the department. Such reimbursements shall be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory committee who are employed in full-time public service may be reimbursed for their actual and necessary expenses incurred in the performance of their duties by their employing agency.

      (d) The advisory committee shall meet at least once every three months.

      (3) Subject to the allotment system provided for in ORS 291.234 to 291.260, the department may expend the amounts necessary to carry out the purposes and administer the provisions of this section. [Formerly 419.002; 1971 c.401 §12; 1975 c.352 §1; 1997 c.249 §130; 2001 c.900 §112; 2003 c.14 §210]

 

      418.010 Children not to be taken charge of when parents object. Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child or of the person standing in loco parentis to such child. [Formerly 419.004]

 

      418.015 Custody and care of needy children by department. (1) The Department of Human Services may, in its discretion, accept custody of children and may provide care, support and protective services for children who are dependent or neglected, who have mental or physical disabilities or who for other reasons are in need of public service.

      (2) The department shall accept any child placed in its custody by a court under, but not limited to ORS chapter 419B or 419C, and shall provide such services for the child as the department finds to be necessary.

      (3) All children in the legal custody of the department who, in the judgment of the Director of Human Services or the authorized representative for the director are in need of care or treatment services, may be placed with any person or family of good standing or any child caring agency for such services under an agreement pursuant to ORS 418.027. [Formerly 419.006; 1971 c.401 §13; 1971 c.698 §1; 1977 c.117 §1; 1987 c.157 §1; 1993 c.33 §326; 2007 c.70 §196]

 

      418.016 Criminal records checks required for caregivers of children and for other persons in household; rules. (1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181A.195 and ORS chapter 418 to require that criminal records checks be conducted under ORS 181A.195 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 requirement that persons who have been convicted of crimes listed in the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and

      (b) A provision that the Department of Human Services 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. [2001 c.686 §26; 2005 c.730 §23; 2007 c.611 §1; 2013 c.285 §5]

 

      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 60 days of age or younger as determined to a reasonable degree of medical certainty; and

      (b) Has no evidence of abuse.

      (2) A parent leaving an infant under this section is not required to provide any identifying information about the infant or the parent.

      (3) An agent, employee, physician or other medical professional working at an authorized facility shall receive an infant brought to the authorized facility under this section.

      (4) If acting in good faith in receiving an infant, an authorized facility receiving an infant under this section and any agent, employee, physician or other medical professional working at the authorized facility are immune from any criminal or civil liability that otherwise might result from their actions relating to receiving the infant. A city, county or other political subdivision of this state that operates a sheriff’s office, police station or fire station that receives an infant under this section is immune from any criminal or civil liability that otherwise might result from the actions taken by its employees or agents in receiving the infant.

      (5) When an infant has been left at an authorized facility as provided in this section:

      (a) The authorized facility shall notify the Department of Human Services that an infant has been left at the facility as provided in subsection (1) of this section no later than 24 hours after receiving the infant.

      (b) The infant is deemed abandoned for purposes of ORS 419B.100, and the department is deemed to have protective custody of the infant under ORS 419B.150 from the moment the infant was left at the facility. The department shall comply with the applicable provisions of ORS chapter 419B with regard to the infant.

      (6) The authorized facility shall release the infant to the department when release is appropriate considering the infant’s medical condition and shall provide the department with all information the facility has regarding the infant.

      (7) As used in this section:

      (a) “Abuse” has the meaning given that term in ORS 419B.005.

      (b) “Authorized facility” means a hospital as described in ORS 442.015, freestanding birthing center as defined in ORS 442.015, physician’s office, sheriff’s office, police station or fire station.

      (c) “Physician” means a person licensed by the Oregon Medical Board to practice medicine and surgery or a naturopathic physician licensed under ORS chapter 685 to practice naturopathic medicine. [2001 c.597 §1; 2005 c.22 §288; 2017 c.356 §36; 2023 c.561 §1]

 

      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)(a) 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.

      (b) An authorized facility, as defined in ORS 418.017, shall post and maintain signs outside of the facility notifying the public of the facility and providing the information described in paragraph (a) of this subsection.

      (c) The department shall design the signs described in paragraph (b) of this subsection.

      (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; 2023 c.561 §2]

 

      Note: See note under 418.017.

 

      418.020 Unexpended balances of budgeted county funds may be expended as aid for children. The governing body of any county may expend as aid for homeless, neglected or abused children, foundlings or orphans, wayward children or children in need of correctional or institutional care or committed to a youth care center, as defined in ORS 420.855, the whole or any part of any unexpended balance of any fund budgeted by the county for any purpose whatsoever. [Formerly 419.008; 1965 c.567 §§10,11; 1967 c.444 §8]

 

      418.025 Prevention, reduction or control of juvenile delinquency by county programs and activities. (1) The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may:

      (a) Conduct programs and carry on and coordinate activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment and operation of youth care centers, as defined in ORS 420.855, to care for children committed to the custody of the centers under ORS 420.865.

      (b) Cooperate, coordinate or act jointly with any other county, any city or any appropriate officer or public or private agency in conducting programs and carrying on and coordinating activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment, support and maintenance of joint agencies, institutions or youth care centers to conduct such programs and carry on and coordinate such activities.

      (c) Expend county moneys for the purposes referred to in paragraph (a) or (b) of this subsection.

      (d) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a) or (b) of this subsection.

      (2) All officers and agencies of a county, upon request, shall cooperate in so far as possible with the governing body of the county, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [Formerly 419.010; 1965 c.567 §§12,13; 1967 c.444 §9]

 

      418.027 Agreements for custody, care or treatment; rules. (1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment of the director or the authorized representative of the director, a child needs placement services after reaching 18 years of age, such services must be approved by the director or authorized representative.

      (2) The agreement shall provide for such services as the child might require, such as the custody, care or treatment of the child for a time fixed in the agreement but not to exceed the time when the child reaches 21 years of age.

      (3) The agreement shall be signed by the person or authorized representative of the agency providing the care or treatment and by the director or the authorized representative of the director.

      (4) If the agreement provides for payments to the agency providing such services as the child may require, the department shall make these payments.

      (5) The department shall adopt rules specifying criteria upon which the director shall base the judgment that a child needs placement services after reaching 18 years of age. [1987 c.157 §3]

 

      418.030 Services to prevent, control and treat juvenile delinquency. The Department of Human Services may provide consultation services related to the prevention, control and treatment of juvenile delinquency to local and statewide public and private agencies, groups and individuals or may initiate such consultation services. Consultation services include but are not limited to conducting studies and surveys, sponsoring or participating in education programs, and advising and assisting agencies, groups and individuals. [1971 c.401 §90; 1975 c.795 §1; 1995 c.79 §212]

 

      418.032 Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities. (1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, the state shall, by operation of law, be assignee of and subrogated to any right to support from any other person including any sums that may have accrued, up to the amount of assistance provided by the department. If the right to support is contained in a judgment or order that requires a single gross monthly payment for the support of two or more children, the assignment and right of subrogation shall be of such child’s proportionate share of the gross amount. The assignment shall be as provided in ORS 412.024.

      (2) The department shall attempt to enter into agreements with any person who voluntarily gives custody of a child with a mental or physical disability to the department. Any agreement entered into shall set out the timely and nonadversarial settlement of child support obligations that the person may have with respect to the child. [1979 c.343 §4; 1995 c.502 §1; 1999 c.80 §75; 2003 c.73 §65; 2003 c.576 §445; 2007 c.70 §197]

 

      418.033 Release of records to citizen review board; when findings of board public; rules. The Department of Human Services may release pertinent portions of client or provider records to citizen review boards established by the department to hear client or provider grievances pursuant to rules of the department. The citizen review boards may make such information available to participants in the review of client or provider grievances. The findings of the citizen review board in client or provider grievances may be disclosed to the public, at the discretion of the department, if the aggrieved client or provider has disclosed information concerning the grievance to the public either directly or through another person or persons acting on behalf of the aggrieved client or provider. [1985 c.601 §3]

 

      418.034 Department responsible for costs of medical care of certain children in detention or lockup facilities; recovery of costs; obtaining additional funds. (1) Notwithstanding ORS 169.140 or any other provision of law, within the availability of funds therefor, the Department of Human Services shall be responsible for the costs and expenses associated with the provision of medical care for any child in the care and custody of the Department of Human Services who is held in a juvenile detention facility or in a local correctional facility or lockup as defined in ORS 169.005.

      (2) Nothing in subsection (1) of this section prevents the Department of Human Services from obtaining reimbursement for such costs and expenses as provided in ORS 419B.400, 419B.402, 419B.404 or 419B.406.

      (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; 2021 c.597 §70]

 

      418.035 [Formerly 419.052 and then 418.055; 1967 c.155 §1; 1969 c.69 §7; 1981 c.819 §1; 1983 c.414 §2; 1995 c.343 §45; 1999 c.59 §111; 2003 c.14 §211; 2007 c.861 §1; renumbered 412.001 in 2007]

 

      418.036 Child welfare report. On or before November 1 of each even-numbered year, the Department of Human Services shall develop and submit a report to the appropriate legislative interim committees dealing with child welfare matters. The report shall cover the prior 24-month period and shall include, but need not be limited to:

      (1) The number of children in foster care;

      (2) The number of children that have had more than one foster care placement;

      (3) The number of placements for each child described in subsection (2) of this section;

      (4) The percentage of foster children placed apart from siblings;

      (5) The number of placement changes experienced by foster children;

      (6) The number and percentage of children placed with relatives; and

      (7) The department’s Status of Children in Oregon’s Child Protection System annual report. [2007 c.238 §1]

 

      Note: 418.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      418.039 Policy on prohibited disqualifications of child welfare services providers. (1) It is the policy of this state that an individual may not be disqualified from providing child welfare services to a child or ward:

      (a) For the sole reason that the individual received child welfare services as a child or youth;

      (b) For the sole reason that the individual is a person with a disability; or

      (c) On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, gender expression or disability.

      (2) Subsection (1) of this section applies to any person providing child welfare services to a child or ward, including but not limited to foster parents, proctor foster parents, adoptive parents, relative caregivers, safety providers and direct service providers. [2021 c.387 §8]

 

      Note: 418.039 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      418.040 [Formerly 419.054 and then 418.060; 1969 c.468 §5; 1995 c.816 §1; 1997 c.581 §27; 2005 c.22 §289; 2007 c.861 §2; renumbered 412.006 in 2007]

 

GOVERNOR’S CHILD FOSTER CARE ADVISORY COMMISSION

 

      418.041 Governor’s Child Foster Care Advisory Commission; terms; compensation. (1) The Governor’s Child Foster Care Advisory Commission is established.

      (2)(a) The commission consists of 13 members appointed by the Governor.

      (b) Notwithstanding paragraph (a) of this subsection, if a member of the commission is a representative of the Judicial Department, the Chief Justice of the Supreme Court shall appoint the member.

      (3) The term of office of each member of the commission is four years, but a member serves at the pleasure of the Governor or, if the member is a representative of the Judicial Department, at the pleasure of the Chief Justice of the Supreme Court. Before the expiration of the term of a member, the Governor or the Chief Justice shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor or the Chief Justice shall make an appointment to become immediately effective for the unexpired term.

      (4) The appointment of each member of the commission appointed by the Governor is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (5) A member of the commission is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing the functions of the commission shall be paid out of funds appropriated to the commission for that purpose. [2016 c.76 §1; 2021 c.457 §2]

 

      Note: 418.041 to 418.044 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.

 

      418.042 [1975 c.458 §12; 1983 c.767 §4; 1995 c.816 §9; 1999 c.80 §74; 2003 c.14 §212; 2003 c.73 §66; 2007 c.861 §12; renumbered 412.024 in 2007]

 

      418.043 Membership of commission; meetings. (1) The members of the Governor’s Child Foster Care Advisory Commission must be residents of this state with experience and expertise in the foster care system in this state, including but not limited to:

      (a) Current or former foster parents and current or former foster children;

      (b) Family members of individuals described in paragraph (a) of this subsection;

      (c) Biological parents involved in the foster care system in this state;

      (d) Representatives of advocacy organizations that advocate regarding issues pertaining to the foster care system in this state;

      (e) Representatives of public, private, profit and nonprofit agencies, organizations and other entities with experience in, interest in and responsibility for the provision of care to children in the foster care system in this state;

      (f) Members of the Oregon State Bar with expertise in family and juvenile dependency law;

      (g) Representatives of law enforcement agencies and district attorneys;

      (h) Former employees of the Department of Human Services, Oregon Health Authority and Department of Justice who were responsible for the administration and oversight of the child welfare and foster care systems in this state, including but not limited to former caseworkers and former court appointed special advocates;

      (i) Representatives of the Judicial Department; and

      (j) Representatives of federally recognized Indian tribes in Oregon and organizations serving Native Americans.

      (2) The members of the commission shall select one of the commission’s members to serve as chairperson and another to serve as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.

      (3) A majority of the members of the commission constitutes a quorum for the transaction of business.

      (4) The commission shall meet at least once every three months at a time and place determined by the chairperson of the commission. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission.

      (5) All agencies of state government, as defined in ORS 174.111, are directed to assist the commission in the performance of the commission’s duties, powers and obligations and, to the extent permitted by laws relating to confidentiality, to furnish information that the members of the commission consider necessary in order to further the work of the commission.

      (6) The Department of Human Services shall provide the commission, including any advisory or technical committees established under ORS 418.046, with any necessary clerical and administrative staff support, including, at a minimum, one full-time equivalent (FTE) policy analyst. [2016 c.76 §3; 2021 c.457 §3]

 

      Note: See note under 418.041.

 

      418.044 Functions and duties of commission; rules. (1) The Governor’s Child Foster Care Advisory Commission shall advise the Governor, the Director of Human Services, the Director of the Oregon Health Authority and the Director of the Oregon Youth Authority, and make recommendations for legislation, regarding the foster care system in this state. In addition, the commission shall study and report to the Governor and the directors with respect to the following:

      (a) Legal and policy issues pertaining to the foster care system in this state;

      (b) Monitoring accountability in the foster care system by measuring outcomes, including but not limited to the following:

      (A) Increasing the number of children committed to the custody of the Department of Human Services who are placed with family members, relatives or next of kin;

      (B) Decreasing the number of placements in, and removals from, substitute care for individual children committed to the custody of the department;

      (C) Decreasing the length of time children spend in substitute care;

      (D) Decreasing incidences of abuse, neglect and maltreatment for children in substitute care;

      (E) Increasing the number of children who receive permanent placements within 24 months of entering substitute care;

      (F) Decreasing the number of children who, upon becoming ineligible for substitute care, have not achieved independent living status;

      (G) Increasing the number of children who are placed with adoptive parents within 12 months of termination of the parental rights of a child’s biological parents;

      (H) Reducing demographic disproportionality in substitute care;

      (I) Increasing the number of families involved in the foster care system receiving services and assistance to make it possible for children in substitute care to safely return home; and

      (J) Increasing the number of families involved in the foster care system having access to culturally relevant services;

      (c) Necessary and recommended improvements to the internal operations of the department, including but not limited to the following:

      (A) Monitoring, licensing and supervision of foster care providers;

      (B) Caseload management;

      (C) Procedures for investigation of abuses and deficiencies;

      (D) Recruitment, training and retention of foster parents; and

      (E) Quality assurance;

      (d) Recommendations to improve and expand the availability of foster care and, where applicable, to provide alternatives to foster care for children who are in need of care and services;

      (e) Promotion of responsible statewide advocacy for children in foster care; and

      (f) Ongoing review of foster care providers in this state and the identification of barriers to the provision of quality care and services to children in the foster care system.

      (2) In undertaking the commission’s responsibilities under subsection (1) of this section, the commission shall consider reports, findings and recommendations that have been or will be issued by legislative and agency task forces, work groups and committees that have undertaken study, review or oversight of the foster care system in this state.

      (3) The commission may adopt rules to carry out the provisions of this section. [2016 c.76 §4; 2021 c.457 §4]

 

      Note: See note under 418.041.

 

      418.045 [Formerly 419.056 and then 418.065; 1965 c.41 §1; 1995 c.816 §2; 1997 c.581 §28; 2007 c.861 §§3,3a; renumbered 412.009 in 2007]

 

      418.046 Advisory or technical committees; Child Welfare Equity Advisory Committee. (1) The Governor’s Child Foster Care Advisory Commission may establish any advisory or technical committees the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission.

      (2) Except as otherwise specifically provided, members of a committee created under this section are not entitled to compensation but, in the discretion of the commission, may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount provided in ORS 292.495.

      (3)(a) The commission shall establish a Child Welfare Equity Advisory Committee composed of members of the commission, employees of the Department of Human Services who make decisions regarding the removal of children from their homes, current or former foster parents or foster children and other child welfare stakeholders. The commission shall appoint members of the committee in such a manner as to ensure representation from all segments of the child foster care system that are affected by the work of the committee, taking into consideration the geographic, racial, ethnic and gender diversity of the populations receiving child welfare services. A majority of the members of the committee must represent populations disproportionately overrepresented in the child welfare system.

      (b) A member of the committee is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing the functions of the committee shall be paid out of funds appropriated to the commission for that purpose.

      (c) A member of the committee shall serve a one-year term, but a member serves at the pleasure of the commission. A member is eligible for reappointment.

      (d) The committee shall advise the commission on culturally appropriate child welfare services, including best practices for keeping families intact, ongoing child welfare support services and the equitable provision of child welfare services across populations being served by state agencies, including the department, the Oregon Health Authority and the Oregon Youth Authority.

      (e) The committee shall meet at least once every two months, at times and places fixed by a majority of members of the committee. The department shall provide office space and personnel to assist the committee as requested by the commission.

      (f) The committee shall periodically report to the commission. The reports must include recommendations on ways the commission, the department, the Oregon Health Authority and the Oregon Youth Authority may execute their duties to ensure equitable treatment of populations receiving child welfare services. The reports may include recommendations for changes to policies, procedures, administrative rules or legislation to ensure that the commission and the department are effectively serving:

      (A) Racial and ethnic minorities;

      (B) People with disabilities;

      (C) Lesbian, gay, bisexual, transgender, queer and other minority gender identity communities; and

      (D) Other historically disproportionately overrepresented communities in the child welfare system.

      (g) The commission shall take the committee’s recommendations into consideration at the next commission meeting or, if the agenda for the next commission meeting has already been posted at the time the commission receives the committee’s recommendations, at the following commission meeting.

      (h) No later than September 1 of each even-numbered year, the commission shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to human services. The commission, in its discretion, may submit interim reports. The reports submitted under this paragraph must include information on the activities and recommendations of the committee and information on any actions taken by the commission or the department to implement recommendations of the committee. [2021 c.457 §1]

 

      Note: 418.046 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.

 

      418.047 [1995 c.816 §7; 1997 c.581 §29; renumbered 412.151 in 2007]

 

      418.050 [1963 c.610 §5; 1975 c.243 §1; 1997 c.581 §30; 2001 c.900 §113; renumbered 412.026 in 2007]

 

      418.054 [1963 c.610 §6; 1973 c.823 §132; renumbered 412.028 in 2007]

 

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

 

      418.059 [1963 c.610 §7; 1973 c.823 §133; renumbered 412.029 in 2007]

 

      418.060 [Formerly 419.054; renumbered 418.040]

 

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

 

      418.070 [1961 c.712 §2; 1963 c.610 §3; 1967 c.155 §2; 1969 c.65 §1; 1973 c.464 §2; 1983 c.414 §3; 1985 c.622 §2; 1997 c.581 §31; 1999 c.59 §112; 2001 c.900 §114; 2003 c.14 §213; 2007 c.806 §14; 2007 c.861 §4; renumbered 418.647 in 2007]

 

      418.075 [1961 c.712 §3; 1971 c.779 §54; 2003 c.14 §214; 2005 c.218 §7; 2007 c.861 §14; renumbered 412.034 in 2007]

 

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

 

      418.085 [1961 c.712 §4; 2003 c.14 §215; 2007 c.861 §15; renumbered 412.039 in 2007]

 

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

 

      418.095 [1961 c.712 §7; 1965 c.291 §3; 1967 c.130 §6; repealed by 2007 c.861 §23]

 

      418.097 [1963 c.610 §8; 1967 c.130 §7; renumbered 412.044 in 2007]

 

      418.100 [Formerly 419.058; 1971 c.779 §56; 1975 c.242 §1; 1997 c.581 §32; renumbered 412.049 in 2007]

 

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

 

      418.110 [Formerly 419.062; 1969 c.68 §9; 1971 c.779 §57; renumbered 412.054 in 2007]

 

      418.115 [Formerly 419.064; 1969 c.68 §10; 1971 c.779 §58; renumbered 412.059 in 2007]

 

      418.120 [Formerly 419.066; 1969 c.68 §11; 1971 c.779 §59; renumbered 412.064 in 2007]

 

      418.125 [Formerly 419.068; 1971 c.779 §60; 1973 c.612 §16; renumbered 412.069 in 2007]

 

      418.130 [Formerly 419.070; 1975 c.387 §1; 1995 c.609 §9; 1997 c.581 §33; 2001 c.900 §115; 2003 c.14 §216; renumbered 412.074 in 2007]

 

      418.131 [1995 c.816 §4; 2003 c.212 §3; 2007 c.861 §5; renumbered 412.079 in 2007]

 

      418.132 [1995 c.816 §5; 1997 c.581 §34; 2007 c.861 §16; renumbered 412.084 in 2007]

 

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

 

      418.134 [1995 c.816 §6; 1997 c.581 §35; 2007 c.861 §§5a,5b; renumbered 412.089 in 2007]

 

      418.135 [Formerly 419.072; 1971 c.779 §61; 1979 c.690 §14; 2007 c.356 §5; renumbered 412.094 in 2007]

 

      418.140 [1961 c.341 §2; 1963 c.332 §1; 1969 c.246 §1; renumbered 412.099 in 2007]

 

      418.145 [1963 c.332 §3; 1967 c.446 §1; 1971 c.779 §62; 1997 c.581 §36; renumbered 412.104 in 2007]

 

      418.147 [1987 c.3 §10; 1997 c.581 §37; renumbered 412.109 in 2007]

 

      418.149 [1987 c.3 §§11,12; 2007 c.861 §5c; renumbered 412.114 in 2007]

 

      418.150 [1969 c.281 §2; 1997 c.581 §38; 2005 c.22 §290; renumbered 412.076 in 2007]

 

      418.155 [1969 c.281 §3; 1973 c.222 §1; 1995 c.816 §12; 1997 c.581 §39; 2003 c.14 §217; 2007 c.861 §6; renumbered 412.124 in 2007]

 

      418.160 [1969 c.281 §4; 1973 c.222 §2; 1979 c.452 §1; 1995 c.816 §13; 2007 c.861 §19; renumbered 412.139 in 2007]

 

      418.163 [1973 c.222 §4; 1979 c.452 §2; 2001 c.900 §116; 2007 c.861 §20; renumbered 412.144 in 2007]

 

      418.165 [1969 c.281 §5; repealed by 1973 c.222 §5]

 

      418.170 [1969 c.281 §6; repealed by 1973 c.222 §5]

 

      418.172 [1975 c.734 §3; 1977 c.841 §12; 1997 c.170 §30; renumbered 412.155 in 2007]

 

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

 

      418.180 [1983 c.414 §1; 1985 c.622 §1; 1997 c.581 §40; renumbered 412.161 in 2007]

 

      418.185 [1983 c.414 §4; 1995 c.816 §10; 1997 c.581 §41; repealed by 2007 c.861 §23]

 

      418.187 [1985 c.549 §1; repealed by 1999 c.1084 §56]

 

CHILD ABUSE AND NEGLECT

 

      418.189 Policy on prevention of 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]

 

      418.190 Centralized child abuse reporting system. (1) As used in this section, “abuse reporting hotline” means a statewide toll-free telephone number operated by the Department of Human Services for reporting suspected abuse.

      (2) The department shall develop and maintain a centralized child abuse reporting system. The system must include the abuse reporting hotline for oral reports of suspected abuse and a website for electronic reports of suspected child abuse. [2023 c.132 §1]

 

      Note: 418.190 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.

 

      418.191 [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]

 

FOSTER CHILDREN

 

(School attendance)

 

      418.194 Scheduling visitation around school attendance; records. (1) As used in this section:

      (a) “Foster care” has the meaning given that term in ORS 339.133.

      (b) “Visitation” does not include medical appointments, court appearances or interviews with law enforcement or the Department of Human Services.

      (2) When scheduling visitations for a child in foster care, the department must, to the extent practicable, schedule the visitations at times and places that do not require the child to miss part or all of a school day.

      (3) If a child in foster care misses part or all of more than four school days in a semester due to visitations scheduled by the department, the child’s caseworker shall ensure that the department’s records regarding the child indicate the number of school days the child missed during that semester. [2021 c.333 §1]

 

      Note: 418.194 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.

 

      418.195 [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]

 

(Oregon Foster Children’s Bill of Rights)

 

      418.200 Definitions. As used in ORS 418.200 to 418.202, “foster child” means a child who is in the legal custody of the Department of Human Services pursuant to the provisions of ORS chapter 418, 419B or 419C and who is or was placed in substitute care with a foster parent, a child-caring agency as defined in ORS 418.205 or an independent residence facility established, licensed, certified or authorized by the department under ORS 418.475. [2013 c.515 §1; 2021 c.59 §2]

 

      Note: 418.200 to 418.202 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.

 

      418.201 Legislative intent. It is the intent of the Legislative Assembly that each foster child have certain essential rights, including but not limited to the following:

      (1) To have the ability to make oral and written complaints about care, placement or services that are unsatisfactory or inappropriate, and to be provided with information about a formal process for making complaints without fear of retaliation, harassment or punishment.

      (2) To be notified of, and provided with transportation to, court hearings and reviews by local citizen review boards pertaining to the foster child’s case when the matters to be considered or decided upon at the hearings and reviews are appropriate for the foster child, taking into account the age and developmental stage of the foster child.

      (3) To be provided with written contact information of specific individuals whom the foster child may contact regarding complaints, concerns or violations of rights, that is updated as necessary and kept current.

      (4) When a foster child is 14 years of age or older, to be provided with written information within 60 days of the date of any placement or any change in placement, regarding:

      (a) How to establish a bank account in the foster child’s name as allowed under state law;

      (b) How to acquire a driver license as allowed under state law;

      (c) How to remain in foster care after reaching 18 years of age;

      (d) The availability of a tuition and fee waiver for a current or former foster child under ORS 350.300;

      (e) How to obtain a copy of the foster child’s credit report, if any;

      (f) How to obtain medical, dental, vision, mental health services or other treatment, including services and treatments available without parental consent under state law; and

      (g) A transition toolkit, including a comprehensive transition plan.

      (5) With respect to a foster child’s rights under the federal and state constitutions, laws, including case law, rules and regulations:

      (a) To receive a document setting forth such rights that is age-appropriate and developmentally appropriate within 60 days of the date of any placement or any change in placement;

      (b) To have a document setting forth such rights that is age-appropriate and developmentally appropriate posted at the residences of all foster parents, child-caring agencies and independent resident facilities;

      (c) To have an annual review of such rights that is age-appropriate and developmentally appropriate while the foster child is in substitute care; and

      (d) When the foster child is 14 years of age or older:

      (A) To receive a document setting forth such rights that is age-appropriate and developmentally appropriate; and

      (B) To acknowledge in writing receipt of the document and that the rights contained in the document were explained in an age-appropriate manner.

      (6) To be provided with current and updated contact information for adults who are responsible for the care of the foster child and who are involved in the foster child’s case, including but not limited to caseworkers, caseworker supervisors, attorneys, foster youth advocates and supporters, court appointed special advocates, local citizen review boards and employees of the Department of Human Services that provide certification of foster parents, child-caring agencies and independent resident facilities.

      (7) To have a hotline phone number that is available to the foster child at all times for the purposes of enabling the foster child to make complaints and assert grievances regarding the foster child’s care, safety or well-being. [2013 c.515 §2; 2015 c.254 §9]

 

      Note: See note under 418.200.

 

      418.202 Oregon Foster Children’s Bill of Rights; rules. (1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Bill of Rights, specifying the rights of foster children consistent with the provisions of ORS 418.201.

      (2) The department shall periodically review the rules establishing the Oregon Foster Children’s Bill of Rights to ensure that the bill of rights complies with the principles and requirements set forth in ORS 418.201. The department shall promote the participation of current and former foster children in the development of the rules constituting the Oregon Foster Children’s Bill of Rights and the development of state foster care and child welfare policy. [2013 c.515 §3]

 

      Note: See note under 418.200.

 

(Temporary provisions relating to provision of luggage carriers to foster children)

 

      Note: Sections 1 to 3, chapter 210, Oregon Laws 2023, provide:

      Sec. 1. (1) The Department of Human Services shall procure, distribute and maintain an inventory of appropriate luggage carriers for child welfare case workers to use when transporting the personal effects of a foster child, including when the foster child is entering into or transitioning or exiting from foster care.

      (2) The department shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to human services no later than September 15 of each year. The report must describe the number of instances in the preceding reporting period that trash bags were used to transport a foster child’s personal effects, the reasons for using the trash bags, the department’s supply of appropriate luggage carriers and its supply inventory management practices. [2023 c.210 §1]

      Sec. 2. The report described in section 1 (2) of this 2023 Act is first due September 15, 2024. [2023 c.210 §2]

      Sec. 3. Section 1 of this 2023 Act is repealed on January 2, 2029. [2023 c.210 §3]

 

(Speech protections)

 

      418.203 Prohibitions on discipline or retaliation for speaking about services received. It is the policy of this state that a child, ward or youth may not be prohibited from, disciplined for or retaliated against for publicly or privately speaking about the child, ward or youth’s experience receiving child welfare services. [2021 c.387 §9]

 

      Note: 418.203 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.

 

(Temporary provisions relating to notices to children placed in out-of-state facilities)

 

      Note: Sections 1 and 2, chapter 492, Oregon Laws 2021, provide:

      Sec. 1. (1) As used in this section, “child’s or ward’s representatives” means:

      (a) Any attorney representing the child or ward.

      (b) If the child or ward is under 18 years of age:

      (A) The child’s or ward’s parent if the parent’s parental rights have not been terminated and disclosure of the records to the parent is not otherwise prohibited by a court order; or

      (B) The child’s or ward’s adoptive parents.

      (c) The court appointed special advocate assigned to the child or ward.

      (d) The child’s or ward’s legal guardian.

      (e) Any guardian ad litem appointed for the child or ward.

      (f) Any other person upon the written request of the child or ward if the child or ward is at least 18 years of age.

      (2)(a) Not later than October 1, 2021, the Department of Human Services shall provide notice to each child and ward whom the department placed in an out-of-state residential facility for any duration of time between January 1, 2016, and June 30, 2020.

      (b) The notice provided under this subsection must include:

      (A) Notice of the right of the child or ward to seek civil remedy for negligent treatment the child or ward received while placed in the out-of-state residential facility;

      (B) The name and contact information of each out-of-state residential facility in which the child or ward was placed and the dates of placement;

      (C) The name of any parent companies associated with the facilities identified in subparagraph (B) of this paragraph;

      (D) A statement that the department is in the process of proactively securing the records described in this section;

      (E) A statement that the department will retain the records it secures under this section for 20 years;

      (F) Instructions for making a written request for release of the records from the department;

      (G) A statement that, upon request, the department will immediately release the records to the child or the child’s or ward’s representatives; and

      (H) The name, electronic mail address and telephone number of a person at the department whom the child or ward or the child’s or ward’s representatives may contact with any questions regarding the notice.

      (3) The department shall provide a copy of the notice required under subsection (2) of this section to the child’s or ward’s representatives. If the department provides notice to a person the department reasonably believes is the child’s or ward’s court appointed special advocate or attorney, the department shall include a request that, if the person is no longer serving as the child’s or ward’s court appointed special advocate or attorney, the person provide the department with any contact information the person may have for the child’s or ward’s current court appointed special advocate or attorney.

      (4) Upon written request, the department shall provide the child and the child’s or ward’s representatives with all of the information in the department’s possession or control, including incident reports, injuries and abuse allegations, regarding the child or ward and arising from incidents that occurred during the period of time that the child or ward was placed in the out-of-state residential facility.

      (5)(a) Upon the effective date of this 2021 Act [July 14, 2021], the department shall immediately request from each out-of-state residential facility in which the department placed a child or ward for any duration of time between January 1, 2016, and June 30, 2020, all records created by or in the possession of the facility relating to the child or ward, including:

      (A) Records relating to the care and treatment of the child or ward, including written, video, audio or visual records, medical records, assessments, education records, reports, including incident and injury reports, and internal or external investigations related to the child and any other records to which the state is entitled under the terms of the department’s contract with the facility;

      (B) All documents and information regarding any injury sustained by the child or ward while placed in the facility; and

      (C) All records relating to the use of any emergency intervention, including restraint, that was used on the child or ward while placed in the facility, including written, video, audio and visual records, any abuse allegation or investigation records, injury records, incident reports or seclusion reports.

      (b)(A) The department shall make vigorous efforts to obtain the records described in paragraph (a)(C) of this subsection.

      (B) If necessary, the department shall use all relief available under the terms of the department’s contract with the facilities or other applicable law to compel the release of the records described in paragraph (a) of this subsection.

      (6) The department shall retain the records obtained under this section for 20 years from the date the department provides the notice to the child or ward under subsection (2) of this section.

      (7) Not later than January 1, 2022, the department shall report to the interim committees of the Legislative Assembly related to human services on the department’s progress in obtaining the records described in subsection (5) of this section. The report must include the number of children who have requested release of their records, information about any facility’s refusal to release the requested information and records and information about what methods the department has utilized to request and compel the release of the information and records. [2021 c.492 §1]

      Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2043. [2021 c.492 §2]

 

      418.204 [2019 c.619 §1; repealed by 2020 s.s.1 c.19 §19a]

 

CHILD-CARING AGENCIES; PLACEMENT IN FOSTER HOMES BY CHILD-CARING AGENCIES

 

      418.205 Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998. As used in ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998, unless the context requires otherwise:

      (1) “Child” means an unmarried person under 21 years of age who resides in or receives care or services from a child-caring agency.

      (2)(a) “Child-caring agency” means:

      (A) Any private school, private agency, private organization or county program providing:

      (i) Day treatment for children with emotional disturbances;

      (ii) Adoption placement services;

      (iii) Residential care, including but not limited to foster care or residential treatment for children;

      (iv) Residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances;

      (v) Outdoor youth programs; or

      (vi) Other similar care or services for children.

      (B) Any private organization or person that provides secure transportation services as defined in ORS 418.241 during any segment of a child’s trip to or from a child-caring agency, certified foster home as defined in ORS 418.241 or developmental disabilities residential facility as defined in ORS 418.241, if the route of the child’s trip begins or ends in this state.

      (b) “Child-caring agency” includes the following:

      (A) A shelter-care home that is not a foster home subject to ORS 418.625 to 418.645;

      (B) An independent residence facility as described in ORS 418.475 that meets the standards established by the Department of Human Services by rule to be considered a child-caring agency;

      (C) A private residential boarding school;

      (D) A child-caring facility as defined in ORS 418.950; and

      (E) A secure nonemergency medical transportation provider, as defined in ORS 418.241.

      (c) “Child-caring agency” does not include:

      (A) 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;

      (B) Any private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney under ORS 109.056. For purposes of this subparagraph, “respite services” means the voluntary assumption of short-term care and control of a minor child without compensation or reimbursement of expenses for the purpose of providing a parent in crisis with relief from the demands of ongoing care of the parent’s child;

      (C) A youth job development organization as defined in ORS 344.415;

      (D) A shelter-care home that is a foster home subject to ORS 418.625 to 418.645;

      (E) A foster home subject to ORS 418.625 to 418.645;

      (F) A facility that exclusively serves individuals 18 years of age and older; or

      (G) A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.

      (3) “Child-caring facility” has the meaning given that term in ORS 418.950.

      (4)(a) “County program” means any county operated program that provides care or services to children:

      (A) In the custody of the Department of Human Services or the Oregon Youth Authority; or

      (B) Under a contract with the Oregon Health Authority.

      (b) “County program” does not include any local juvenile detention facility that receives state services provided and coordinated by the Department of Corrections under ORS 169.070.

      (5) “Governmental agency” means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of this state or of a county, municipality or other political subdivision of this state.

      (6) “Independent residence facility” means a facility as described in ORS 418.475.

      (7)(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 Corps;

      (C) Licensed by the Department of Human Services under other authority of the department; or

      (D) Operated by a youth job development organization as defined in ORS 344.415.

      (8) “Private” means not owned, operated or administered by any governmental agency or unit.

      (9) “Private residential boarding school” means either of the following as the context requires:

      (a) A child-caring agency that is a private school that provides residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances; or

      (b) A private school providing residential care that is primarily engaged in educational work under ORS 418.327.

      (10) “Proctor foster home” means a foster home certified by a child-caring agency under ORS 418.248 that is not subject to ORS 418.625 to 418.645.

      (11) “Provider of care or services for children” means a person, entity or organization that provides care or services to children, regardless of whether the child is in the custody of the Department of Human Services, and that does not otherwise meet the definition of, or requirements for, a child-caring agency. “Provider of care or services for children” includes a proctor foster home certified by a child-caring agency under ORS 418.248.

      (12) “Qualified residential treatment program” means a program described in ORS 418.323.

      (13) “Shelter-care home” has the meaning given that term in ORS 418.470. [Formerly 419.101; 1975 c.310 §1; 1983 c.510 §1; 1999 c.316 §3; 2001 c.809 §1; 2001 c.900 §117; 2007 c.70 §198; 2010 c.60 §1; 2011 c.278 §1; 2013 c.131 §4; 2016 c.106 §1; 2017 c.30 §2; 2017 c.244 §1; 2017 c.448 §1; 2019 c.209 §7; 2019 c.513 §1; 2019 c.619 §8; 2020 s.s.1 c.19 §§15a,15b; 2021 c.59 §3; 2021 c.672 §15; 2022 c.90 §15]

 

      418.210 Application of ORS 418.205 to 418.327. ORS 418.205 to 418.327 shall not apply to:

      (1) Homes established and maintained by fraternal organizations wherein only members, their spouses and surviving spouses in marriages and children are admitted as residents;

      (2) Any foster home that is subject to ORS 418.625 to 418.645;

      (3) Any child care facility that is subject to ORS 329A.030 and 329A.250 to 329A.450;

      (4) Any individual, or home of an individual, providing respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056;

      (5) Any private agency or organization facilitating the provision of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056; or

      (6) A shelter-care home that is subject to ORS 418.625 to 418.645.

      (7) Any governmental entity, other than a county program, that is a provider of care or services for children, including but not limited to the Oregon Youth Authority. [Formerly 419.105; 1975 c.310 §2; 1983 c.510 §2; 1995 c.278 §49; 2010 c.60 §2; 2011 c.278 §2; 2015 c.629 §48; 2016 c.106 §2; 2019 c.513 §2]

 

      418.215 Child-caring agency to be licensed, certified or authorized. (1) A child-caring agency may not provide or engage in any care or services described in ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency is licensed, certified or otherwise authorized to provide or engage in the provision of care or services to a child by the Department of Human Services under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.

      (2) A child-caring agency that provides care or services to a child may not be licensed, certified or authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency:

      (a) Is duly incorporated under the corporation laws of any state; or

      (b) Is a county program. [Formerly 419.106; 1975 c.310 §3; 1977 c.717 §16; 1983 c.510 §3; 1987 c.94 §131; 2011 c.597 §192; 2016 c.106 §3; 2019 c.619 §13a]

 

      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, certification and authorization criteria; duration; fees; rules. (1) All child-caring agencies shall obtain from the Department of Human Services a license, certificate or other authorization to provide care or services to children under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970. The criteria for issuance, renewal, suspension or revocation of, or for placing conditions on, a license, certificate or authorization under this section must:

      (a) Be set forth in rules adopted by the department;

      (b) Include the full compliance requirements set forth in subsection (2) of this section; and

      (c) Include, but are not limited to, the following:

      (A) The fitness of the child-caring agency.

      (B) The employment of capable, trained or experienced staff that meet minimum staffing requirements.

      (C) Sufficient financial backing to ensure effective operations.

      (D) The probability of permanence in the child-caring agency.

      (E) The care and services provided to the children served will be in their best interests and that of society.

      (F) That the child-caring agency is or will be in compliance with the standards of care and treatment established in rules adopted by the department.

      (2)(a) The department may not issue or renew a license, certificate or other authorization to a child-caring agency unless the department finds the agency is or will be in full compliance with all of the following:

      (A) The agency ensures child and family rights.

      (B) The agency complies with abuse reporting and investigation requirements.

      (C) The agency engages in and applies appropriate behavior management techniques.

      (D) The agency provides adequate furnishings and personal items for children.

      (E) The agency provides appropriate food services.

      (F) The agency ensures the safety of children.

      (G) The agency utilizes approved procedures and protocols for use of medications for children receiving care or services from the agency.

      (H) The agency or the agency’s employees or agents have not engaged in financial mismanagement.

      (I) The agency fully and timely corrects violations and maintains standards in accordance with any plan of correction imposed by the department.

      (J) The agency provides access as required under ORS 418.305 to a child or the agency’s premises to the department or the department’s employees, investigators, court appointed special advocates, attorneys for a child or other authorized persons or entities.

      (K) The agency provides the department with true copies of records relating to incidents involving the restraint or involuntary seclusion of children in care as required under ORS 418.526 (2).

      (b) The department may suspend, revoke or place conditions on a license, certificate or authorization of a child-caring agency if the department finds the agency is not in full compliance with any one or more of the full compliance requirements listed in paragraph (a) of this subsection.

      (c) The department must take immediate steps to suspend or revoke the license, certificate or other authorization of a child-caring agency, if any of the following are found to exist:

      (A) There has been the death of a child as a result of abuse or neglect on the part of the agency or any of the agency’s employees or agents.

      (B) There has been sexual or physical abuse or neglect of a child in the agency’s care or custody that was known to the agency and the agency did not take immediate steps to report the abuse or neglect and to ensure the child’s safety.

      (C) The agency failed to cooperate fully with any local, state or federal regulatory entity’s investigation of the agency or the agency’s operations or employees.

      (D) The agency failed to provide financial statements as required under ORS 418.255.

      (d) If any of the circumstances described in paragraph (c) of this subsection exists, the department may immediately place conditions on the license, certificate or authorization of the child-caring agency prior to a hearing if, consistent with ORS 183.430, the department finds there is a serious danger to the public health or safety and sets forth specific reasons for such findings.

      (e) It is grounds to deny issuance or renewal, suspend, revoke or place conditions on a license, certificate or other authorization if the department becomes aware that a child-caring agency, or the owner or operator of the agency, has been found by other state or federal entities to have engaged in financial, civil or criminal misconduct.

      (3)(a) If the Director of Human Services has taken action under subsection (2)(c) of this section to suspend or revoke a license, certificate or other authorization, the notice of intent to suspend or revoke may be rescinded if the director determines that the concerns regarding the health and safety of the children in the child-caring agency’s care or custody have been ameliorated and any conditions placed on the license, certificate or other authorization of the child-caring agency have been resolved.

      (b) Fourteen days before rescinding a notice of intent to suspend or revoke, the Director of Human Services must provide written notice regarding the intent to rescind to the Governor. The notice of intent to rescind is a public record and open for inspection by any person without order of a court. The notice of intent to rescind must include the following information:

      (A) The circumstances that led to the notice of intent to suspend or revoke;

      (B) The actions taken by the child-caring agency, the Department of Human Services, the Attorney General, the Oregon Youth Authority and the Oregon Health Authority in response to the circumstances leading to the notice of intent to suspend or revoke;

      (C) Any penalties, fees or charges made or levied against the child-caring agency; and

      (D) A complete description of changes that were made at the child-caring agency and the reasons for the determination that the concerns regarding the health and safety of children in the child-caring agency’s care or custody have been ameliorated or that any conditions placed on the license, certificate or other authorization of the child-caring agency have been resolved.

      (c) In making a decision to rescind a notice of intent to suspend or revoke under this subsection, the decision must be based solely on the health and safety of the children served by the child-caring agency. Systemwide capacity of the child welfare system may not be considered as an element of the decision.

      (d) For three years after a notice of intent to suspend or revoke is rescinded under this subsection, the child-caring agency must apply for a renewal of the child-caring agency’s license, certificate or other authorization on an annual basis.

      (e) The department must provide the following with copies of a notice of intent to rescind within five business days of issuing the notice:

      (A) The Governor; and

      (B) The committees of the Legislative Assembly relating to child welfare.

      (4) The department may immediately place conditions on any license, certificate or authorization issued under this section, including but not limited to placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke and limitation of operations subject to correction of violations as specified in a plan of correction imposed by the department. The department shall immediately notify any state or governmental agency or unit that has a contract with the child-caring agency to provide care or services to a child, and the governing board, trustees, owners, managers, operators or other appropriate authorities responsible for the child-caring agency, of conditions placed by the department on the child-caring agency’s license, certificate or authorization under this section.

      (5) If applicable, an applicant shall submit written proof of compliance with the notification requirements in ORS 336.575.

      (6) The department may not charge a fee for inspections leading to decisions regarding, and issuance of, licenses, certifications or authorizations under this section, but may impose fees to cover costs of related inspections done for the department by other governmental agencies.

      (7) Except as provided in subsection (3) of this section, a license, certificate or authorization 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, certificate or authorization to accommodate changes in the factors upon which the issuance was based.

      (8) When a condition exists that seriously endangers or places at risk the health, safety or welfare of a child who is receiving care or services at a child-caring agency:

      (a) The director shall issue an interim emergency order without notice, or with reasonable notice under the circumstances, requiring the agency to correct the conditions and ensure the safety of children in the care of the agency. The interim emergency order shall remain in force until a final order, after a hearing, has been entered in accordance with ORS chapter 183.

      (b) The director may commence an action to enjoin operation of a child-caring agency:

      (A) If the agency is being operated without a valid license, certificate or other authorization issued under this section; or

      (B) If the agency fails to comply with a plan of correction imposed by the department or to correct conditions not in conformity with standards as set out in an order issued under paragraph (a) of this subsection, within the time specified in the order.

      (9) If the director, the director’s designee or the department becomes aware through any means that a child-caring agency, or an owner, operator or employee of a child-caring agency, is the subject of an investigation by another state agency, law enforcement agency or federal agency, the director or director’s designee shall take immediate steps to cause an investigation to take place into the circumstances surrounding the investigation and whether there is a threat to a child, or whether a child is at risk, at the child-caring agency. Upon determination of the level of threat or risk to children at the agency, the director shall take appropriate steps to protect and ensure the health, safety and welfare of children as necessary under the circumstances. Failure to comply with the requirements of this subsection constitutes grounds for a charge of official misconduct in the second degree under ORS 162.405.

      (10) If the Department of Justice or Bureau of Labor and Industries commences an investigation of a child-caring agency or an owner, operator or employee of a child-caring agency, the Department of Justice or Bureau of Labor and Industries shall notify, inform and regularly update the director, the director’s designee or such other personnel in the Department of Human Services designated to receive such information regarding the investigation. The director and the department shall immediately undertake the responsive action required by subsection (9) of this section upon receiving such notification. Interference with, discouragement of or impediment to the receipt of the notification, information and updates required under this subsection constitutes official misconduct in the second degree under ORS 162.405.

      (11) The Department of Human Services shall adopt rules to implement the provisions of this section. [Formerly 419.116; 1971 c.401 §17; 1983 c.510 §7; 1985 c.264 §2; 1987 c.94 §132; 2016 c.106 §4; 2017 c.138 §§1,2; 2023 c.204 §2]

 

      418.241 Licensing of secure transportation services providers; licensing exemptions; mandatory disclosures; rules. (1) As used in this section:

      (a) “Certified foster home” means a foster home certified by the Department of Human Services and subject to ORS 418.625 to 418.645.

      (b) “Child-caring agency” has the meaning given that term under ORS 418.205.

      (c) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.

      (d) “Secure escort” means escort services for a child who poses a risk of elopement or where restraint or seclusion may be utilized if the child poses a risk of injury to self or others, and as further defined by the department by rule.

      (e) “Secure nonemergency medical transportation provider” means a private organization or person that provides nonemergency medical secure transportation services subject to rules adopted by the Oregon Health Authority.

      (f) “Secure transportation” means the transport of a child in a vehicle specifically equipped to prevent a passenger from exiting, eloping or interfering with the operator of the vehicle, and as further defined by the department by rule.

      (g) “Secure transportation services” means the secure transportation or secure escort of children.

      (2) The department shall adopt rules consistent with this section for the issuance, under ORS 418.215 and 418.240, of licenses to provide secure transportation services to providers that are child-caring agencies solely as the result of providing secure transportation services as described in ORS 418.205 (2)(a)(B) and for the issuance of supplemental licenses to child-caring agencies described in ORS 418.205 (2)(a)(A) that also provide secure transportation services as described in ORS 418.205 (2)(a)(B).

      (3)(a) The following secure transportation services providers are exempt from the requirements under ORS 418.215 and 418.240 to obtain from the department a license or a supplemental license to provide secure transportation services:

      (A) A secure nonemergency medical transportation provider.

      (B) A child-caring agency that is licensed, certified or otherwise authorized by the department to provide or engage in the provision of care or services to children if:

      (i) The agency is not primarily engaged in the provision of secure transportation services;

      (ii) The child being transported or escorted resides in or is otherwise receiving services from the agency; and

      (iii) The transportation or escort is provided consistent with the rules adopted by the department under this section.

      (C) An ambulance service, as defined in ORS 682.025, that is transporting a child in an ambulance for the purpose of obtaining medical care for the child.

      (D) A developmental disabilities residential facility if:

      (i) The facility is not primarily engaged in the provision of secure transportation services;

      (ii) The child being transported or escorted resides in or is otherwise receiving services from the facility; and

      (iii) The transportation or escort is provided consistent with the rules adopted by the department under this section.

      (b) The licensing exemptions under paragraph (a)(B) and (D) of this subsection do not apply if the child-caring agency or developmental disabilities residential facility is transporting the child for the purposes of placing the child in a facility that is not licensed by the department or in a hospital that is not licensed by the authority.

      (4)(a) A secure transportation services provider, including a provider that is described in subsection (3) of this section, must display the disclosure described in ORS 418.359 (2) in a conspicuous location in any advertisements or promotional materials for its secure transportation services and in each vehicle it uses to provide its secure transportation services if:

      (A) The provider is not licensed by the department under ORS 418.215 or 418.240 to provide secure transportation services; and

      (B) The provider holds itself out as being an Oregon provider of secure transportation services, including by registering in this state the vehicles it uses in the provision of its secure transportation services or representing or otherwise indicating in advertisements or promotional materials that the provider is based in this state, maintains a mailing address in this state or is licensed, certified or otherwise authorized by the department or the authority to provide secure transportation services or similar services in this state.

      (b) The disclosure under paragraph (a) of this subsection must also indicate that the secure transportation services provider is not licensed by the department under ORS 418.215 or 418.240 to provide secure transportation services and, if applicable, the reason for the provider’s licensing exemption under subsection (3) of this section.

      (c) If a provider that is required to make a disclosure under this subsection is authorized by the authority to provide secure transportation services, the provider’s disclosure under this subsection may, consistent with rules adopted by the authority, also include a statement that the provider is authorized by the authority to provide secure transportation services.

      (5) The department and the authority may adopt rules for the provision of secure transportation services consistent with this section and ORS 418.205 to 418.327, 418.359 and 418.519 to 418.532. [2022 c.90 §14]

 

      Note: 418.241 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.

 

      418.243 [2001 c.809 §3; repealed by 2017 c.532 §17]

 

      418.244 [2001 c.809 §5; repealed by 2017 c.532 §17]

 

      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 418.327. [2001 c.809 §6; 2016 c.106 §8]

 

      418.248 Certification of proctor foster homes; rules. (1) A child-caring agency may certify a proctor foster home as a provider of care or services for children. The child-caring agency may not certify a proctor foster home under this section unless the child-caring agency determines that the proctor foster home meets minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable. The determination that a proctor foster home meets minimum standards and the certification by the child-caring agency must take place before placement of a child in the proctor foster home.

      (2)(a) Prior to certification as a proctor foster home, an applicant shall provide the department or the youth authority, as applicable, and the child-caring agency with a release of information or other authorization sufficient to enable the department or the youth authority to release to the child-caring agency information about whether there is an ongoing investigation involving the applicant, or a finding of substantiated allegations of abuse or neglect by the applicant, related to a vulnerable person, including but not limited to a child, elderly person, person with a disability or person residing in a long term care facility as defined in ORS 442.015, a residential facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an adult foster home as defined in ORS 443.705. Within 30 days of receipt of a release or authorization under this paragraph, the department or the youth authority shall provide the child-caring agency with information regarding ongoing investigations involving, or substantiated allegations of abuse or neglect against, the applicant.

      (b) In addition to the requirements of paragraph (a) of this subsection, an applicant must disclose in writing to the department or the youth authority, as applicable, and the child-caring agency any criminal conviction, imposition of a restraining or protective order against the applicant or abuse or neglect investigation of the applicant related to a vulnerable person as described in paragraph (a) of this subsection.

      (3) If a decision is made not to certify a proctor foster home under this section for reasons related to an ongoing investigation involving the applicant, or findings of substantiated allegations of abuse or neglect by an applicant, the child-caring agency shall disclose to the applicant the reasons for the denial of certification.

      (4) The department and the youth authority shall adopt rules to implement the provisions of this section. [2016 c.106 §6]

 

      418.250 Supervision of child-caring agencies. In order to enable the Department of Human Services to supervise and monitor all child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 and all providers of care or services to children in this state, and to safeguard children receiving care or services from such agencies or providers, the department may require the child-caring agency or provider, and any juvenile court as defined in ORS 419A.004, to provide at any time, in the manner prescribed by rules adopted by the department, such information as the department requires with respect to a child who is receiving care or services from the agency or provider, or who is the subject of an order entered by the juvenile court. All information requested or received by the department under this section is confidential and not subject to public disclosure or inspection. [Formerly 419.120; 1971 c.401 §18; 2016 c.106 §9; 2018 c.40 §1]

 

      418.255 Inspection and supervision; training; rules. (1) The Department of Human Services shall inspect and supervise all child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 as provided in this section.

      (2) Inspections of the premises of a child-caring agency shall occur no less frequently than once per year and shall be made at unexpected times, with irregular intervals between inspections and without previous notice to the agency. Inspections under this subsection shall be limited to premises where children reside and receive care or services from employees or staff who do not reside on the premises.

      (3)(a) Except as provided in paragraph (c) of this subsection, a child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that has annual revenues in excess of $1 million shall provide the Department of Human Services, at such times as the department specifies by rule, with annual financial statements that have been audited by an independent certified public accountant and a tax compliance certificate issued by the Department of Revenue.

      (b) Except as provided in paragraph (c) of this subsection, a child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that has annual revenues of $1 million or less shall provide the Department of Human Services, upon request or at such times as the department specifies by rule, with financial statements that have been reviewed by an independent certified public accountant and a tax compliance certificate issued by the Department of Revenue.

      (c) A child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that provides adoption placement services but does not provide care to a child and does not receive public funds shall provide the Department of Human Services, upon request or at such times as the department specifies by rule, with a tax compliance certificate issued by the Department of Revenue.

      (d) Information in financial statements and tax compliance certificates submitted to the Department of Human Services under this subsection is a public record and open for inspection by any person without order of a court.

      (e) The Department of Revenue shall adopt rules to implement the provisions of this subsection pertaining to tax compliance certificates.

      (4) The Department of Human Services may conduct an audit, including a forensic audit, of any child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 to determine compliance with ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970. The department may, upon request at any time, inspect and audit the books and records, including but not limited to financial records, of the agency. An audit or inspection under this subsection shall be at the expense of the department.

      (5) Failure to permit an inspection, whether of the premises or of the books and records of the child-caring agency, or failure to provide the financial statements, as required by this section is grounds for the immediate suspension or revocation of a license, certificate or authorization under ORS 418.240 and for the denial of issuance of a license, certificate or other authorization by the Department of Human Services.

      (6) The Department of Human Services may advise the operators, owners and employees of child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 in regard to approved methods of child care, recommended housing and equipment and appropriate methods to maintain adequate records of operations.

      (7) In addition to advice provided under subsection (6) of this section, the Department of Human Services shall provide training regarding appropriate ethnic hair and skin care for children of African-American, Hispanic, Native American, Asian-American or multiracial descent to:

      (a) Child-caring agencies;

      (b) Persons providing treatment, care or services under the supervision of a child-caring agency; and

      (c) Prospective adoptive parents of a child in foster care.

      (8) The Department of Human Services shall adopt rules to implement the provisions of this section. [Formerly 419.122; 1971 c.401 §19; 1983 c.510 §8; 2011 c.692 §1; 2016 c.106 §10; 2018 c.40 §2]

 

      418.256 Interference with disclosure of information; rules. (1) A child-caring agency may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the child-caring agency, violations of licensing or certification requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency to:

      (a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the child-caring agency; or

      (b) A family member, guardian or other person who is acting on behalf of the child.

      (2) A child-caring agency interferes with the disclosure of the information described in subsection (1) of this section by:

      (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

      (b) Training an employee or volunteer not to disclose the information; or

      (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.

      (3) The department may revoke or suspend the license, certification or authorization of a child-caring agency that is found to have violated subsection (1) of this section.

      (4) The department shall adopt rules to carry out the provisions of this section.

      (5) This section does not authorize the disclosure of:

      (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or

      (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §11]

 

      418.257 Definitions for ORS 418.257 to 418.259. As used in ORS 418.257 to 418.259:

      (1) “Abuse” means one or more of the following:

      (a) Any physical injury to a child in care caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

      (b) Neglect of a child in care.

      (c) Abandonment, including desertion or willful forsaking of a child in care or the withdrawal or neglect of duties and obligations owed a child in care by a child-caring agency, caretaker, certified foster home, developmental disabilities residential facility or other person.

      (d) Willful infliction of physical pain or injury upon a child in care.

      (e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or 163.525.

      (f) Verbal abuse.

      (g) Financial exploitation.

      (h) Sexual abuse.

      (i) The use of restraint or involuntary seclusion of a child in care in violation of ORS 418.521 or 418.523.

      (2) “Certified foster home” means a foster home certified by the Department of Human Services and subject to ORS 418.625 to 418.645.

      (3)(a) “Child in care” means a person under 21 years of age who is residing in or receiving care or services from:

      (A) A child-caring agency or proctor foster home subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970;

      (B) A certified foster home; or

      (C) A developmental disabilities residential facility.

      (b) “Child in care” does not include a person under 21 years of age who is residing in any of the entities listed in paragraph (a) of this subsection when the care provided is in the home of the child by the child’s parent.

      (4) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.

      (5)(a) “Financial exploitation” means:

      (A) Wrongfully taking the assets, funds or property belonging to or intended for the use of a child in care.

      (B) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys or property of the child in care if the child would reasonably believe that the threat conveyed would be carried out.

      (C) Misappropriating, misusing or transferring without authorization any moneys from any account held jointly or singly by a child in care.

      (D) Failing to use the income or assets of a child in care effectively for the support and maintenance of the child in care.

      (b) “Financial exploitation” does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of, privileges.

      (6) “Intimidation” means compelling or deterring conduct by threat. “Intimidation” does not include age-appropriate discipline that may involve the threat to withhold privileges.

      (7) “Involuntary seclusion” has the meaning given that term in ORS 418.519.

      (8) “Law enforcement agency” means:

      (a) Any city or municipal police department.

      (b) Any county sheriff’s office.

      (c) The Oregon State Police.

      (d) Any district attorney.

      (e) A police department established by a university under ORS 352.121 or 353.125.

      (9) “Neglect” means:

      (a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of a child in care; or

      (b) The failure of a child-caring agency, proctor foster home, certified foster home, developmental disabilities residential facility, caretaker or other person to make a reasonable effort to protect a child in care from abuse.

      (10) “Restraint” has the meaning given that term in ORS 418.519.

      (11) “Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of a child in care.

      (12) “Sexual abuse” means:

      (a) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;

      (b) Any sexual contact between a child in care and an employee of a child-caring agency, proctor foster home, certified foster home, developmental disabilities residential facility, caretaker or other person responsible for the provision of care or services to a child in care;

      (c) Any sexual contact between a person and a child in care that is unlawful under ORS chapter 163 and not subject to a defense under that chapter; or

      (d) Any sexual contact that is achieved through force, trickery, threat or coercion.

      (13) “Sexual contact” has the meaning given that term in ORS 163.305.

      (14) “Sexual exploitation” means sexual exploitation as described in ORS 419B.005 (1)(a)(E).

      (15) “Verbal abuse” means to threaten significant physical or emotional harm to a child in care through the use of:

      (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

      (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [2016 c.106 §36; 2017 c.733 §1; 2021 c.317 §1; 2021 c.672 §12]

 

      418.258 Report of suspected abuse; notifications; investigation. (1) When the Department of Human Services becomes aware of a report of suspected child abuse of a child in care, whether in the form of an allegation, complaint or formal report made under this section, and whether made directly to the Director of Human Services, the department or an employee of the department, to the centralized child abuse reporting system described in ORS 418.190, through the mandatory abuse reporting process set forth in ORS 419B.005 to 419B.050 or otherwise, the department shall immediately:

      (a) Notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, certified foster homes and developmental disabilities residential facilities.

      (b) Notify any governmental agency that has a contract with the child-caring agency, certified foster home or developmental disabilities residential facility to provide care or services to the child in care.

      (c) Notify the placement authorities of any other state that retains jurisdiction over a child in care receiving care or services from the child-caring agency, certified foster home or developmental disabilities residential facility.

      (d) Commence an investigation to determine whether the report of suspected abuse is substantiated, unsubstantiated or inconclusive under ORS 418.259 if:

      (A) The reported abuse occurred in this state;

      (B) The reported abuse occurred in any other state and involves a child in care placed by the department in an out-of-state child-caring agency; or

      (C) The reported abuse occurred in any other state and the department reasonably believes that the reported abuse poses a danger to the health, safety or wellness of a child in care placed by the department in an out-of-state child-caring agency.

      (e) Report to a law enforcement agency any crime that the department has reason to believe has occurred with respect to a child in care or at a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the suspected crime is not related to a report of abuse made under this section.

      (2)(a) As a condition for issuance or renewal of a license, certificate or authorization to a child-caring agency, certified foster home or developmental disabilities residential facility, the department shall require and verify that the child-caring agency, certified foster home or developmental disabilities residential facility has procedures and protocols that:

      (A) Require employees of the child-caring agency, a proctor foster home certified by the child-caring agency, the certified foster home or the developmental disabilities residential facility to immediately report suspected abuse of a child in care to the director, the director’s designee or personnel within the department who have been specifically designated to receive reports of abuse of children in care;

      (B) Mandate that the child-caring agency, certified foster home or developmental disabilities residential facility provide an annual training and written materials that include information about the centralized child abuse reporting system described in ORS 418.190, and that the agency, home or facility advise and educate employees of the child-caring agency and any proctor foster home certified by the child-caring agency, of the certified foster home or of the developmental disabilities residential facility of the duty under this section and ORS 419B.005 to 419B.050 to report abuse of a child in care; and

      (C) Inform employees of child-caring agencies, proctor foster homes, certified foster homes and developmental disabilities residential facilities that the duty to report abuse of a child in care is personal to the employee and that the duty is not fulfilled by reporting the abuse to the owner, operator or any other employee of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the owner, operator or other employee reports the abuse of a child in care to the director, the director’s designee or the department.

      (b) A child-caring agency, certified foster home or developmental disabilities residential facility need not develop and maintain procedures and protocols or provide an annual training and written materials under paragraph (a) of this subsection if the agency, home or facility does not have any employees, staff or volunteers.

      (3) Interference or hindering an investigation of abuse of a child in care, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child in care who is the subject of the investigation or with witnesses, may constitute grounds for the revocation, suspension or placing of conditions on the license, certificate or other authorization of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.

      (4)(a) Anyone, including but not limited to an employee of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility, who makes a report of suspected abuse of a child in care to the Governor, the Department of Justice, the Director of Human Services, the director’s designee or the department under this section in good faith and who has reasonable grounds for the making of the report shall have immunity:

      (A) From any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report;

      (B) From disciplinary action taken by the person’s employer; and

      (C) With respect to participating in any judicial proceeding resulting from or involving the report.

      (b) A person making a report under this section may include references to otherwise confidential information for the sole purpose of making the report, and any such disclosure must be protected from further disclosure to other persons or entities for any other purpose not related to the making of the report. [2016 c.106 §37; 2017 c.448 §3; 2017 c.733 §2; 2020 s.s.1 c.19 §8; 2023 c.132 §3]

 

      418.259 Investigation of suspected abuse; findings; notifications; reports. (1) The investigation conducted by the Department of Human Services under ORS 418.258 must result in one of the following findings:

      (a) That the report is substantiated. A report is substantiated when there is reasonable cause to believe that the abuse of a child in care occurred.

      (b) That the report is unsubstantiated. A report is unsubstantiated when there is no evidence that the abuse of a child in care occurred.

      (c) That the report is inconclusive. A report is inconclusive when there is some indication that the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to believe that the abuse occurred.

      (2) When a report is received under ORS 418.258 alleging that a child in care may have been subjected to abuse, the department shall notify the case managers for the child, the attorney for the child, the child’s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency or developmental disabilities residential facility to provide care or services to the child that a report has been received.

      (3)(a) The department may interview the child in care who is the subject of suspected abuse and any witnesses, including other children, without the presence of employees of the child-caring agency, proctor foster home or developmental disabilities residential facility, the provider of services at a certified foster home or department personnel. The department shall inform the child in care that the child may have the child’s parent or guardian, if the child has not been committed to the custody of the department or the Oregon Youth Authority, or attorney present when participating in an interview conducted in the course of an abuse investigation.

      (b) When investigating an allegation of inappropriate use of restraint or involuntary seclusion, the department shall:

      (A) Conduct the interviews described in paragraph (a) of this subsection;

      (B) Review all relevant incident reports related to the child in care and other reports related to the restraint or involuntary seclusion of the child in care;

      (C) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident;

      (D) During an interview with the child in care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion;

      (E) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion; and

      (F) Make all reasonable efforts to conduct trauma-informed interviews of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child.

      (4) The department shall notify the following when a report of abuse is substantiated:

      (a) The Director of Human Services.

      (b) Personnel in the department responsible for the licensing, certificate or authorization of child-caring agencies.

      (c) The department’s lead personnel in that part of the department that is responsible for child welfare generally.

      (d) With respect to the child in care who is the subject of the abuse report and investigation, the case managers for the child, the attorney for the child, the child’s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency to provide care or services to the child.

      (e) The parents or guardians of the child in care who is the subject of the abuse report and investigation if the child in care has not been committed to the custody of the department or the youth authority. Notification under this paragraph may not include any details or information other than that a report of abuse has been substantiated.

      (f) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care.

      (g) The local citizen review board established by the Judicial Department under ORS 419A.090.

      (5) The department shall report on a quarterly basis to the interim legislative committees on child welfare for the purposes of public review and oversight of the quality and safety of child-caring agencies, certified foster homes and developmental disabilities residential facilities that are licensed, certified or authorized by the department in this state and of proctor foster homes that are certified by the child-caring agencies. Information provided in reports under this subsection may not contain the name or any identifying information of a child in care but must contain all of the following:

      (a) The name of any child-caring agency, including an out-of-state child-caring agency, proctor foster home or developmental disabilities residential facility, or, provided there are five or more certified foster homes in the county, the name of the county where a certified foster home is located, where the department conducted an investigation pursuant to ORS 418.258 that resulted in a finding that the report of abuse was substantiated during that quarter;

      (b) The approximate date that the abuse occurred;

      (c) The nature of the abuse and a brief narrative description of the abuse that occurred;

      (d) Whether the abuse resulted in a reportable injury, sexual abuse or death;

      (e) Corrective actions taken or ordered by the department and the outcome of the corrective actions; and

      (f) Information the department received in that quarter regarding any substantiated allegations of child abuse made by any other state involving a congregate care residential setting, as defined in ORS 418.322, in which the department has placed Oregon children.

      (6) The department’s quarterly report under subsection (5) of this section must also contain all of the following:

      (a) The total number of restraints used in programs that quarter;

      (b) The total number of programs that reported the use of restraints of children in care that quarter;

      (c) The total number of individual children in care who were placed in restraints by programs that quarter;

      (d) The number of reportable injuries to children in care that resulted from those restraints;

      (e) The number of incidents in which an individual who was not appropriately trained in the use of the restraint used on a child in care in a program; and

      (f) The number of incidents that were reported for potential inappropriate use of restraint.

      (7) In compiling records, reports and other information during an investigation under ORS 418.258 (1) and in issuing findings, letters of concern or reprimands, the Director of Human Services or the director’s designee and the department may not refer to the employee, person or entity that is the subject of the investigation as an “alleged perpetrator” but must refer to the employee, person or entity as the “respondent.”

      (8) As used in this section, “program,” “reportable injury” and “restraint” have the meanings given those terms in ORS 418.519. [2016 c.106 §38; 2017 c.138 §4; 2017 c.448 §4; 2017 c.733 §3; 2020 s.s.1 c.19 §9; 2021 c.672 §13; 2023 c.267 §1]

 

      418.260 Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies. (1) If the Department of Human Services receives a report or otherwise becomes aware that any suspected or founded abuses, deficiencies, violations or failures to comply with the full compliance requirements described in ORS 418.240 are occurring in a child-caring agency, whether as a part of the inspections undertaken pursuant to ORS 418.255 or otherwise, the department shall immediately notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, who shall investigate and take appropriate action without undue delay, with primary concern given to the health, safety and welfare of the children for whom the child-caring agency is responsible. The department may notify law enforcement agencies as necessary to coordinate and assist in the investigation and enforcement of corrective actions undertaken by the department. If the child-caring agency is known or found to serve children also served by the Oregon Youth Authority, county juvenile departments or developmental disabilities services within the department, the department shall notify those entities of the report or suspected or founded abuses, deficiencies, violations or failures.

      (2) If the department finds, after investigation by the department or law enforcement agencies, that the abuses, deficiencies, violations or failures to comply are founded, the department may suspend, revoke or place conditions on the license, certificate or other authorization of the child-caring agency. The conditions placed on a license, certificate or authorization may include, but are not limited to, placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke or limitation of operations subject to correction of violations as specified in a plan of correction. If the department imposes a plan of correction, and the corrections are not made within 45 days from the effective date of the plan of correction, the department may immediately suspend or revoke the license, certificate or authorization of the child-caring agency. The department shall immediately notify any governmental agency that has a contract with the child-caring agency to provide care or services to a child of any suspension or revocation of, or conditions placed on, the license, certificate or other authorization of the child-caring agency.

      (3) If the department determines at any time during or after an investigation that the abuses, deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the public, or place a child at risk with respect to the child’s health, safety or welfare, the department may immediately suspend or revoke the child-caring agency’s license, certificate or authorization, subject to the provisions of ORS chapter 183. The department shall immediately notify any governmental agency that has a contract with the child-caring agency to provide care or services to a child of any suspension or revocation of the license, certificate or other authorization of the child-caring agency under this subsection and of any conditions placed on the child-caring agency’s license, certificate or authorization pursuant to ORS 418.240. The department shall immediately report the alleged deficiencies or violations to the governmental agency and the governing board responsible for the oversight of the child-caring agency.

      (4) If the department determines that the abuses, deficiencies, violations or failures to comply are founded and the department imposes a plan of correction that the child-caring agency does not comply with in the time allotted for correction, the department shall immediately notify the following of the failure of the child-caring agency to comply with the plan of correction:

      (a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to child welfare.

      (b) Members of the governing board responsible for the child-caring agency.

      (c) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child.

      (5) Any employee of the department that has reasonable cause to believe that a child-caring agency has committed an abuse or incurred a deficiency or violation, or that grounds for immediate suspension or revocation of a license, certificate or authorization exist under ORS 418.240, and that such abuse, deficiency, violation or grounds is or threatens a danger to any child at the child-caring agency or to the public, or places a child at risk with respect to the child’s health, safety or welfare, is required to immediately inform the Director of Human Services, the director’s designee or such other personnel in the department designated to receive such information. Upon receipt of an employee report under this subsection, the director and department personnel shall immediately commence an investigation and take all reasonably prudent and necessary actions to ensure the health, safety and welfare of children at the child-caring agency. Failure to commence an investigation and take actions as required by this subsection constitutes official misconduct in the second degree under ORS 162.405. [Formerly 419.124; 1971 c.401 §20; 1975 c.310 §6; 1983 c.510 §9; 2016 c.106 §11; 2017 c.448 §2]

 

      418.262 Minimum staffing required for licensing, inspection and investigation; rules. (1) The Department of Human Services shall maintain a staff of a minimum of five full-time equivalent employees who are responsible for the issuance, renewal, suspension or revocation of, or for the placing of conditions on, licenses, certifications or other authorizations issued under ORS 418.240 and 418.248, and for the inspection and investigation of child-caring agencies licensed, certified or otherwise authorized by the department.

      (2) The department shall adopt rules to develop workload models to measure the adequacy of staff to workload under subsection (1) of this section. [2016 c.106 §7]

 

      418.263 Child-Caring Agencies Account. There is established in the General Fund of the State Treasury the Child-Caring Agencies Account. All moneys received by the Department of Human Services under ORS 418.998 (2) and such other moneys as may be otherwise made available by law shall be paid into the State Treasury and credited to the Child-Caring Agencies Account. Moneys in the account are continuously appropriated to the department and must be used only for the administration and enforcement of ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 or 418.992 to 418.998. [2009 c.846 §2; 2016 c.106 §12; 2021 c.193 §1]

 

      418.265 Reports; audit. (1) All child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 shall report to the Department of Human Services at such times and with such information as the department prescribes in rules adopted by the department, including but not limited to financial information about the cost to provide care or services for a child.

      (2) Information submitted in reports under this section is a public record and open for inspection by any person without order of a court. [Formerly 419.126; 1971 c.401 §21; 1983 c.478 §1; 2016 c.106 §13; 2018 c.40 §3]

 

      418.270 Surrender of child to 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 child-caring agency may receive children from the children’s parents or legal guardians for special, temporary or continued care. Upon receiving a child under this section, the agency shall make inquiries, as described in ORS 419B.636 (2), to determine whether there is reason to know that the child is an Indian child. The parents or guardians may sign releases or surrenders giving to the agency guardianship and control of the children during the period of care, which may be extended until the children arrive at legal age. Releases do not surrender the rights of parents or guardians in respect to the adoption of children and do not entitle the agency to give consent to the adoption of the children unless the release or surrender expressly recites that the release or surrender is given for the purpose of adoption. Child-caring agencies are authorized to place children for adoption or family foster care only if authorized by the department in the license issued by the department to the agency.

      (2) Severance of family ties with children by adoption or otherwise may 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 released or surrendered to a child-caring 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 release or surrender.

      (4) Parents or guardians who have given a child into the guardianship of a child-caring agency by release or surrender under this section 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, and waive their right to personal appearance in court in matters of adoption of the child, by a duly signed and attested certificate. From and after physical placement for adoption, or, if the child is an Indian child, upon entry of the judgment of adoption, the 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.

      (6)(a) Notwithstanding subsections (1) and (4) of this section, if the agency has reason to know that a child being released or surrendered is an Indian child:

      (A) The release, surrender or certificate of irrevocability and waiver must be executed before a court, consistent with this subsection; and

      (B) The agency shall petition the court to hold a hearing in which the child’s parent may execute the release, surrender or certificate of irrevocability and waiver.

      (b) The petition for a hearing under this subsection may be filed in any pending child custody proceeding, as defined in ORS 419B.603, involving the child or, if none, a state or local court of competent jurisdiction.

      (c) Upon receiving a petition under this subsection, the court shall schedule a hearing no fewer than 10 days following the child’s date of birth and no more than 30 days following the date the petition is filed.

      (d)(A) At the hearing, the court shall explain to the parent, on the record in detail and in the language of the parent, the parent’s right to legal counsel, the terms and consequences of the release, surrender or certificate of irrevocability and waiver and inform the parent that the release, surrender or certificate of irrevocability and waiver may be revoked at any time prior to the entry of the judgment of adoption.

      (B) The parent must execute the release, surrender or certificate of irrevocability and waiver in person before the court.

      (C) The petitioner shall file the release, surrender or certificate of irrevocability and waiver with the court.

      (D) The court shall certify that it provided the explanation in the manner required under subparagraph (A) of this paragraph and that the parent fully understood the terms and consequences of the release, surrender or certificate of irrevocability and waiver. [Formerly 419.128; 1971 c.26 §1; 1975 c.310 §7; 1983 c.510 §10; 2016 c.106 §14; 2021 c.398 §29]

 

      418.275 Child-caring agency as guardian of child; power of agency. (1) A child-caring agency shall be the guardian of each child released or surrendered to the agency under the conditions provided in ORS 418.270 and of each child committed to the agency by order of a court of competent jurisdiction.

      (2) The child-caring agency may retain a child released, surrendered or committed to the agency in institutional care, or may place the child in proctor foster homes temporarily or as a member of a family. An agency maintains custody, control and guardianship of, and responsibility for, a child placed with a proctor foster home by the agency. If the agency deems the action proper and desirable, the agency may consent in loco parentis to the legal adoption of the child, subject to the conditions provided in ORS 418.270. [Formerly 419.130; 1967 c.375 §1; 1973 c.823 §134; 1983 c.510 §11; 2016 c.106 §15]

 

      418.280 Placement of children. (1) A child-caring agency may not place a child with a proctor foster home unless the home has been determined by the child-caring agency to meet minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable, and has been certified by the child-caring agency pursuant to ORS 418.248.

      (2) In placing a child with a proctor foster home that has been determined to meet minimum standards and that has been certified by a child-caring agency under this section and ORS 418.248, the child-caring agency shall:

      (a) Safeguard the welfare of the child by the thorough investigation of each applicant and home and its environment;

      (b) Carefully select the child to suit the new relationship and location;

      (c) Personally and adequately supervise the home and child until the child returns to the direct care of the child-caring agency or, if permanently placed, receives legal adoption or attains legal age; and

      (d) So far as practicable, place the child in a family of the same religious faith as that held by the child or the child’s parents.

      (3) A child-caring agency maintains custody, control and responsibility for and, where applicable under ORS 418.275, guardianship of a child placed with a proctor foster home by the child-caring agency. [Formerly 419.132; 1983 c.510 §12; 2003 c.14 §218; 2016 c.106 §16]

 

      418.285 Authority of department same as child-caring agency under ORS 418.270 to 418.280. In addition to other powers and responsibilities of the Department of Human Services, the department has the same authority as a 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 in the same manner as a child-caring agency. [Formerly 419.133; 1971 c.401 §22; 2003 c.14 §219; 2016 c.106 §17]

 

      418.290 Child placement by nonresident. No person, agent, agency or institution of another state shall place a child in a child-caring agency or proctor foster 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 the placement. [Formerly 419.134; 1971 c.401 §23; 1975 c.310 §8; 2016 c.106 §18]

 

      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 the parents’ attempt to adopt a child being cared for under the provisions of ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.625 to 418.685 and 418.647.

      (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; 2016 c.106 §19]

 

      418.300 When child placement by private persons prohibited. A private individual, including midwives, physicians, naturopathic physicians, nurses, hospital officials and all officers and employees or representatives of unauthorized agencies, organizations or institutions, may not 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; 2017 c.356 §37]

 

      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 Access to child receiving care or services. (1) The Department of Human Services may require any child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 to disclose to the department the location and circumstances of any child for whom the agency is providing care or services.

      (2) The child-caring agency shall permit immediate access to a child receiving care or services, and to any area of the premises upon which the child receives care or services, to the following:

      (a) Employees and representatives of the department;

      (b) The child’s attorney;

      (c) The child’s court appointed special advocate;

      (d) The parent or legal guardian of the child if the child has not been committed to the custody of the department or the Oregon Youth Authority;

      (e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child; and

      (f) Any other person authorized by the department.

      (3) The purposes for which access to a child or premises under this section may be allowed include, but are not limited to, the following:

      (a) To ascertain the circumstances and condition of a child placed with the child-caring agency.

      (b) To determine the quality of the care or services provided to a child by the agency.

      (c) To ensure the health, safety and welfare of a child receiving care or services from the agency. [Formerly 419.138; 1971 c.401 §25; 2003 c.14 §220; 2016 c.106 §20]

 

      418.306 Denial of visitation by child-caring agency as disciplinary measure prohibited. A child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that is providing care or services to a child may not deny a parent, guardian or sibling of the child the right to visit the child solely as a disciplinary measure against the child. [1993 c.785 §2; 2016 c.106 §21]

 

      418.307 Medical or dental treatment of children without consent; conditions; immunity of treating personnel. (1) A physician licensed by the Oregon Medical Board, a naturopathic physician licensed under ORS chapter 685, 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 best medical judgment of the physician, naturopathic physician, dentist or responsible official of the hospital and without consent if:

      (a) Because of the general state of the child’s health or any particular condition, the physician, naturopathic physician, dentist or responsible official of the hospital determines that in the medical judgment of the physician, naturopathic 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, naturopathic 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 may consent to medical treatment as provided in ORS 109.640. [1975 c.580 §2; 2017 c.356 §38; 2023 c.228 §10]

 

      418.310 Application of statutes to institutions caring for adults and children. ORS 418.205 to 418.327 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; 2019 c.13 §46]

 

      418.312 When transfer of custody not required; voluntary placement of children; judicial review of placement. (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 in a child-caring agency under ORS 418.205 to 418.327, 418.470, 418.475, 418.480 to 418.500, 418.950 to 418.970 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.

      (2) If a child is placed pursuant to a voluntary placement agreement in a qualified residential treatment program as described in ORS 418.323, the placement is subject to judicial approval under ORS 419B.351.

      (3)(a) When a child is placed pursuant to a voluntary placement agreement, the department shall make inquiries, as described in ORS 419B.636 (2), to determine whether the department has reason to know that the child is an Indian child.

      (b) If the department has reason to know that the child is an Indian child, the placement agreement must be executed in person before the juvenile court, consistent with this subsection, and the placement must be approved by the court.

      (c) At a hearing, the juvenile court shall explain to the Indian child’s parent or Indian custodian, on the record in detail and in the language of the parent or Indian custodian, the parent’s right to legal counsel, the terms and consequences of the voluntary placement agreement, including that if the Indian child remains in custody for more than 12 months, the court will hold a permanency hearing that could eventually result in the termination of parental rights, and the court must inform the parent or Indian custodian that the voluntary placement agreement may be revoked at any time prior to an entry of a final decree of termination of parental rights and have the child returned to the parent’s custody. The parent or Indian custodian must execute the voluntary placement agreement before the court. The parent or Indian custodian shall file the voluntary placement agreement with the court. The court shall certify that the court provided the explanation consistent with the requirements under this paragraph and that the parent or Indian custodian fully understood the explanation.

      (d) The juvenile court may approve the voluntary placement agreement if:

      (A) The court finds that the Indian child’s parent or Indian custodian entered into the voluntary placement agreement without a threat of removal by the Department of Human Services or an Oregon licensed adoption agency; and

      (B) The proposed placement conforms with the placement preferences described in ORS 419B.654.

      (e) An Indian child’s parent or Indian custodian may terminate the voluntary placement agreement at any time prior to an entry of an order terminating parental rights. To terminate the voluntary placement agreement, the parent or Indian custodian must file a written notice of termination with the juvenile court or otherwise testify before the court. The court shall promptly notify the department of the termination and order the immediate return of the Indian child to the physical custody of the Indian child’s parent or Indian custodian.

      (4)(a) If 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.

      (b) If a child remains in voluntary placement for more than 12 months, 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.

      (5) 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; 2016 c.106 §22; 2019 c.619 §9; 2020 s.s.1 c.14 §53; 2020 s.s.1 c.19 §§16a,16b; 2021 c.398 §53]

 

      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.

 

      418.313 Young adult voluntary placement program; judicial review of placement; rules. (1) As used in this section, “young adult” means an unmarried person who is at least 18 years of age but less than 21 years of age.

      (2)(a) The Department of Human Services shall develop and administer a voluntary placement program to support a young adult who was previously in the care and custody of the department to transition into adulthood. The program may provide a young adult with financial support, a stable living situation and other supports the department determines necessary.

      (b) A young adult may participate in the program if the young adult is not in the legal custody of the department, is not a ward, as defined in ORS 419A.004, and:

      (A) Was placed in a substitute care placement while in the legal custody of the department for at least one day when the young adult was at least 16 years of age but less than 18 years of age; or

      (B) Was in placement pursuant to a voluntary placement agreement under ORS 418.312 for at least one day during the 12 months immediately preceding the date the young adult attained 18 years of age.

      (3) The department shall make determinations regarding admission of a young adult to the voluntary placement program on a case-by-case basis, taking into consideration, at a minimum:

      (a) Whether the young adult is ready to transition from protective services to supportive services; and

      (b) Whether, based on the young adult’s specific circumstances, participation in the voluntary placement program is in the young adult’s best interests.

      (4)(a) A young adult accepted to participate in the program shall enter into a voluntary placement agreement with the department.

      (b) The voluntary placement agreement must describe the roles and responsibilities of the young adult and the department and clearly describe how the voluntary placement agreement may be terminated, including upon the young adult’s attaining 21 years of age, upon the young adult’s written request to terminate the agreement and involuntary termination due to the young adult’s noncompliance with the program conditions.

      (5) When a young adult is in a placement pursuant to a voluntary placement agreement under this section, the department is responsible for the young adult’s placement and care but the young adult is not in the legal custody of the department.

      (6)(a) If a young adult remains or will remain in voluntary placement for more than 180 days, the juvenile court shall make a judicial determination regarding whether the placement is in the best interests of the young adult.

      (b) If a young adult remains in voluntary placement for more than 12 months, the juvenile court shall hold a permanency hearing as provided in ORS 419B.476 no later than 14 months after the young adult’s original voluntary placement, and not less frequently than once every 12 months thereafter during the continuation of the young adult’s original voluntary placement, to determine the future status of the young adult.

      (7) The department shall adopt rules to carry out the provisions of this section. [2023 c.124 §1]

 

      Note: 418.313 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]

 

      418.318 Authority to pay for qualified residential treatment programs. The Department of Human Services may engage and make reasonable payment for services of persons to make available, maintain and operate a child-caring agency, as defined in ORS 418.205, that is a qualified residential treatment program described in ORS 418.323 that provides residential care and treatment to a child, as defined in ORS 418.205, who, based on an independent assessment described in ORS 418.324, requires specialized, evidence-based supports and services related to the effects of trauma or mental, emotional or behavioral health needs. [2020 s.s.1 c.19 §19b]

 

      Note: 418.318 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.

 

      418.319 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 each odd-numbered year regular session of the Legislative Assembly 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; 2011 c.545 §52]

 

      Note: 418.319 was added to and made a part of ORS chapter 418 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      418.320 [Formerly 419.144; repealed by 1971 c.401 §120]

 

      418.321 Out-of-state child-caring agency; contract requirements; licensing; transport of child; placement of juvenile offenders; rules. (1) Subject to ORS 418.322, the Department of Human Services may place a child in an out-of-state child-caring agency only if:

      (a) The out-of-state child-caring agency is licensed to provide or engage in the provision of care or services by the department under ORS 418.205 to 418.327 and complies with the licensing requirements under ORS 418.215;

      (b) The department has a current contract with the child-caring agency; and

      (c) The department’s contract with the child-caring agency meets the criteria under subsection (3) of this section.

      (2)(a) The department shall license an out-of-state child-caring agency pursuant to the same licensure requirements the department would impose if the out-of-state child-caring agency was located in this state.

      (b) Notwithstanding paragraph (b) of Article V of the Interstate Compact on the Placement of Children and ORS 417.230, the department may not delegate the department’s licensing, visitation, inspection, investigation or supervision of an out-of-state child-caring agency licensed by the department to provide care or services to an Oregon child.

      (3)(a) The department shall review the department’s contract with an out-of-state child-caring agency prior to placing a child with the child-caring agency.

      (b) The contract must, at a minimum, meet the following criteria:

      (A) At the time the contract is executed, the child-caring agency must provide the department with a current list of every entity for which the child-caring agency is providing placement services.

      (B) No later than 15 days after accepting placement of a child from a new entity, the child-caring agency must notify the department in writing of the child-caring agency’s association with the new entity. The notice must include the name and contact information of the new entity and the name and contact information of an individual associated with the new entity.

      (C) The child-caring agency must make mandatory reports of child abuse, as defined in ORS 418.257 and 419B.005, involving Oregon children both to the centralized child abuse reporting system described in ORS 418.190 and as required under the laws of the state in which the child-caring agency is located.

      (D) The child-caring agency must allow the department full access to the child-caring agency’s facilities, residents, records and personnel as necessary for the department to conduct child abuse investigations and licensing activities or investigations.

      (E) The child-caring agency must notify the department in writing no later than three business days after any state determines that an allegation of child abuse or a license violation involving the child-caring agency is founded, regardless of whether the child abuse or violation involves an Oregon child.

      (F) The child-caring agency must notify the department in writing no later than three business days after the child-caring agency receives notice from any other state imposing a restriction on placement of children with the child-caring agency, suspending or revoking the child-caring agency’s license with that state or indicating the state’s intent to suspend or revoke the child-caring agency’s license with that state.

      (G) The child-caring agency must notify the department immediately, verbally and in writing:

      (i) Any time a child from any state who is in the care of the child-caring agency dies, is sexually assaulted or suffers serious physical injury; or

      (ii) When the child-caring agency becomes aware of any criminal investigation, arrest or criminal charges involving an agency staff member if the alleged offense involved a child or could have reasonably posed a risk to the health, safety or welfare of a child.

      (H) Except with respect to protected information described in ORS 418.256 (5), the child-caring agency may not ask or require an employee or volunteer to sign a nondisclosure or other agreement prohibiting the employee or volunteer from the good faith disclosure of information concerning the abuse or mistreatment of a child who is in the care of the child-caring agency, violations of licensing or certification requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency.

      (I) The child-caring agency must ensure staffing ratio and staff training and education requirements that meet, at a minimum, the standards set by the department by rule for intensive behavioral support services.

      (J) The child-caring agency must meet all of the program, discipline, behavior support, supervision and child rights requirements adopted by the department by rule for behavioral rehabilitation services provided in this state.

      (K) The child-caring agency may not practice conversion therapy, as defined in ORS 675.850.

      (L) The child-caring agency must identify a child by the child’s preferred name and pronouns and may not implement a dress code that prohibits or requires clothing on the basis of biological sex.

      (M) Genetic testing, including testing for psychopharmacological purposes, must be approved by a court and may not be included as a standing order for a child in care.

      (N) Neither the child-caring agency nor its contractors or volunteers may use chemical or mechanical restraints on a child, including during secure transport.

      (O) The child-caring agency must ensure that the use of any psychotropic medications for a child placed with the child-caring agency by the department is in compliance with ORS 418.517 and any rules regarding psychotropic medications adopted by the department.

      (4) The department shall develop rules outlining a process for review of the out-of-state placement of a child who is identified as a child with an intellectual or developmental disability or who is suspected of having an intellectual or developmental disability. At a minimum, the rules must:

      (a) Identify a process for expediting review of the child’s eligibility for developmental disability services.

      (b) Require that a multidisciplinary review team, including administrators in the developmental disability services program, review the placement before the child is placed out-of-state.

      (c) Require that a multidisciplinary team, including administrators in the developmental disability services program, monitor the progress of the child in the out-of-state placement.

      (d) Require that contracts for placement of the child ensure that the child has the same rights and protections that the child would have if the child was placed in this state.

      (5)(a) A department child welfare services employee must accompany a child who is placed in an out-of-state child-caring agency any time the child is transported to an initial out-of-state placement, any time the child is moved to a new placement and any time the child is moved by secure transport.

      (b) Notwithstanding paragraph (a) of this subsection, if a child placed in an out-of-state child-caring agency requires secure transport from the out-of-state placement due to an emergency, a department child welfare services employee is not required to accompany the child if the time it would take for the employee to travel to the child’s out-of-state location would pose a risk to the health, safety or welfare of the child. If a department child welfare services employee does not accompany a child transported to an alternate out-of-state placement, as provided in this paragraph, the child welfare services employee must immediately travel to meet the child at the new out-of-state facility.

      (6)(a) As used in this subsection, “juvenile offender” means a person under 18 years of age who has or is alleged to have committed an act that is a violation, or, if done by an adult, would constitute a violation, of a law or ordinance of the United States or a county or city in this state.

      (b) Except as provided in paragraph (c) of this subsection, the department may not place a child in an out-of-state child-caring agency if the child-caring agency provides care to juvenile offenders.

      (c) The department may place a child in an out-of-state child-caring agency that provides care to juvenile offenders if:

      (A) The child-caring agency is a qualified residential treatment program licensed by the department;

      (B) The child-caring agency maintains site-specific accreditation from a nationally recognized organization;

      (C) The child being placed is a juvenile offender; and

      (D) Prior to the hearing to approve the placement, the court and all parties to the dependency case have been informed of the nature of the services offered by the program and of the population served by the program, and the court, having considered the nature of the services and composition of the facility population and the report of the qualified individual, has found that placement in the facility is the least restrictive setting available to appropriately meet the child’s treatment needs. [2020 s.s.1 c.19 §7a; 2020 s.s.1 c.19 §7b; 2021 c.387 §2; 2023 c.132 §4]

 

      418.322 Placement in congregate care residential setting; limitations. (1) As used in this section:

      (a) “Congregate care residential setting” means any setting that cares for more than one child or ward and is not a setting described in ORS 418.205 (2)(c)(A), (D), (E) or (F) or (10).

      (b) “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing or soliciting of a person under 18 years of age for the purpose of a commercial sex act, as defined in ORS 163.266, or the recruitment, harboring, transportation, provision or obtaining of a person over 18 years of age using force, fraud or coercion for the purpose of a commercial sex act, as defined in ORS 163.266.

      (2) The Department of Human Services may place a child or ward in a congregate care residential setting only if the setting is:

      (a) A child-caring agency, as defined in ORS 418.205, a hospital, as defined in ORS 442.015, or a rural hospital, as defined in ORS 442.470; and

      (b) A qualified residential treatment program described in ORS 418.323.

      (3) Notwithstanding subsection (2) of this section, the department may place a child or ward in a child-caring agency that is not a qualified residential treatment program if:

      (a) The child-caring agency is providing prenatal, postpartum or parenting supports to the child or ward.

      (b) The child or ward is placed in an independent residence facility described in ORS 418.475 that is licensed by the department as a child-caring agency.

      (c) The child or ward is, or is at risk of becoming, a victim of sex trafficking and the child-caring agency is providing high-quality residential care and supportive services to the child or ward.

      (d) The Oregon Health Authority has approved the placement as medically necessary and the child-caring agency:

      (A) Is a residential care facility;

      (B) Is licensed by the authority and maintains site-specific accreditation from a nationally recognized organization to provide psychiatric treatment to children; and

      (C) Has an active provider agreement with the Oregon Medicaid program.

      (e) The child-caring agency is an adolescent residential drug and alcohol treatment program licensed or certified by the State of Oregon to provide residential care, and the court has approved, or approval is pending for, the placement in the child-caring agency of each child or ward over whom the department retains jurisdiction.

      (f) The placement with the child-caring agency is for the purpose of placing the child or ward in a proctor foster home.

      (g) The child-caring agency is a residential care facility licensed by the department that provides short-term assessment and stabilization services.

      (h) The child-caring agency is a shelter-care home, as defined in ORS 418.470, that provides short-term assessment and stabilization services.

      (i) The child-caring agency is a homeless, runaway or transitional living shelter licensed by the department that provides short-term assessment and stabilization services.

      (j) The ward is 18 years of age or older and the child-caring agency is a residential treatment facility or a residential home licensed or certified by the department or the Oregon Health Authority.

      (4) The department may not place a child or ward in a residential care facility or shelter-care home described in subsection (3)(g) or (h) of this section:

      (a) For more than 60 consecutive days or 90 cumulative days in a 12-month period; or

      (b) If the residential care facility or shelter-care home also serves youths or adjudicated youths served by the county juvenile department or adjudicated youths committed to the custody of the Oregon Youth Authority by the court.

      (5) The department may not place a child or ward in a homeless, runaway or transitional living shelter described in subsection (3)(i) of this section for more than 60 consecutive or 90 cumulative days in any 12-month period.

      (6) Calculations of the number of days a child or ward is placed in a shelter-care home under subsection (3)(h) of this section or a homeless, runaway or transitional living shelter under subsection (3)(i) of this section exclude the days the child or ward is in the shelter-care home or shelter if the child or ward:

      (a) Accessed the shelter-care home or shelter without the support or direction of the department; and

      (b) Is homeless or a runaway, as defined by the department by rule.

      (7)(a) Nothing in this section prohibits the Oregon Youth Authority from placing an adjudicated youth committed to its custody in a placement that is not a qualified residential treatment program.

      (b) Nothing in this section prohibits the Oregon Youth Authority or a county juvenile department from placing an adjudicated youth or a youth served by the Oregon Youth Authority or the county juvenile department in shelter care or detention under ORS chapter 419C. [Formerly 419B.354; 2022 c.90 §18]

 

      418.323 Qualified residential treatment program; rules. A program is a qualified residential treatment program if it:

      (1) Provides residential care and treatment to a child who, based on an independent assessment described in ORS 418.324, requires specialized, evidence-based, as defined by the Department of Human Services by rule, supports and services related to the effects of trauma or mental, emotional or behavioral health needs.

      (2) Uses a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of the child.

      (3) Ensures that the staff at the facility includes licensed or registered nurses licensed under ORS chapter 678, or the equivalent statute in the state in which the facility is located, and other licensed clinical staff who:

      (a) Are licensed or registered in good standing under the laws and regulations of the state in which the facility is located and provide care within their licensed scope of practice;

      (b) Are on-site according to the treatment model identified in subsection (2) of this section; and

      (c) Are available 24 hours per day and seven days per week.

      (4) Facilitates the involvement of the child’s family, as defined in ORS 418.575, in the child’s treatment program, to the extent appropriate and in the child’s best interests.

      (5) Facilitates outreach to the child’s family, as defined in ORS 418.575, documents how outreach is made and maintains contact information for any known biological relatives or fictive kin, as defined by the department by rule.

      (6) Documents how the program integrates family into the child’s treatment process, including after discharge, and how sibling connections are maintained.

      (7) Provides discharge planning and family-based after-care support for at least six months following the child’s discharge from the program.

      (8) Is licensed and accredited in accordance with requirements adopted by the department by rule. The rules adopted by the department under this subsection must:

      (a) Be consistent with federal licensure and accreditation requirements for qualified residential treatment programs;

      (b) Require that the qualified residential treatment program maintain site-specific accreditation from a nationally recognized organization; and

      (c) Require an in-person site inspection. [2020 s.s.1 c.19 §12b; 2021 c.338 §10; 2021 c.387 §4]

 

      418.324 Independent assessment. (1) The Department of Human Services shall ensure that an independent, qualified individual assesses the strengths and needs of each child or ward the department places in a qualified residential treatment program described in ORS 418.323.

      (2) The assessment described in this section may occur prior to the child’s or ward’s placement in the program, but shall occur no later than 30 days following the date of placement.

      (3) The assessment described in this section must, at a minimum:

      (a) Assess the strengths and needs of the child or ward using an age-appropriate, evidence-based, validated, functional assessment tool;

      (b) Determine whether the needs of the child or ward can be met with family members or through placement in a foster family home or, if not, which setting would provide the most effective and appropriate level of care for the child or ward in the least restrictive environment and be consistent with the short-term and long-term goals for the child or ward, as specified in the permanency plan for the child or ward; and

      (c) Develop a list of individualized, specific short-term and long-term mental and behavioral health goals.

      (4)(a) The qualified individual conducting the assessment shall work in conjunction with the child’s or ward’s family and permanency team, including:

      (A) Appropriate biological family members, relatives and fictive kin of the child or ward;

      (B) Appropriate professionals who are a resource to the family of the child or ward, including teachers and medical or mental health providers who have treated the child or ward;

      (C) Clergy; or

      (D) If the child or ward has attained the age of 14 years, individuals selected by the child or ward.

      (b) The department shall document the following in the child’s or ward’s case plan:

      (A) The reasonable and good faith efforts of the department to identify and include all of the individuals identified in paragraph (a) of this subsection on the child’s or ward’s family and permanency team.

      (B) Contact information for members of the child’s or ward’s family and permanency team and for any of the child’s or ward’s family members or fictive kin who are not part of the child’s or ward’s family and permanency team.

      (C) Evidence that meetings of the family and permanency team, including meetings related to the required assessment, are held at a time and place convenient for the child’s or ward’s family.

      (D) If reunification is the goal, evidence demonstrating that the parent from whom the child or ward was removed provided input on the members of the family and permanency team.

      (E) Evidence that the assessment is determined in conjunction with the family and permanency team.

      (F) If the setting recommended by the qualified individual conducting the assessment is different than the placement preferences of the family and permanency team and of the child or ward, the reasons why the preferences of the team and of the child or ward were not recommended.

      (5) If the qualified individual conducting the assessment determines the child or ward should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the child or ward cannot be met by the family of the child or ward or in a foster family home. A shortage or lack of foster family homes is not a valid reason for not placing a child or ward in a foster family home under this subsection. The qualified individual shall specify in writing why the recommended placement in a qualified residential treatment program is the setting that will provide the child or ward with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child or ward, as specified in the child’s or ward’s permanency plan.

      (6) As used in this section:

      (a) “Fictive kin” has the meaning given that term by the department by rule.

      (b) “Qualified individual” means an individual who is:

      (A) A trained professional or licensed clinician;

      (B) Not an employee of the department or of the Oregon Health Authority; and

      (C) Not connected to, or affiliated with, any placement setting in which children or wards are placed by the department. [2020 s.s.1 c.19 §13b]

 

      418.325 Medical examinations required; frequency; child’s health record; other health care; explanation to adoptive parents. (1) A child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 shall safeguard the health of each child, ward or other dependent or delinquent child to whom the agency provides care or services by providing for medical examinations of each child by a qualified physician or naturopathic 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 custody of a child under six years of age, a child-caring agency shall provide for the child to be:

      (a) Inoculated as determined appropriate by the local public health authority; 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 sexually transmitted infections, 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 or naturopathic 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 or naturopathic 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, infection or disability experience. [1973 c.545 §2; 1979 c.492 §5; 1979 c.744 §20; 2003 c.14 §221; 2011 c.278 §3; 2015 c.736 §62; 2016 c.106 §23; 2017 c.356 §39; 2019 c.280 §10; 2019 c.456 §2]

 

      418.327 Licensing of private residential boarding schools; fees. (1) Upon finding that the facilities and operation of a private residential boarding school 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 school. The license shall be valid for a period of two years, unless sooner suspended or revoked by the department pursuant to the provisions of ORS 418.240. However, the department at any time may require amendments to an existing license to accommodate changes in the factors upon which the issuance was based.

      (2) The department may not charge a fee for inspections leading to decisions regarding, and issuance of, licenses under this section, but may charge fees to cover costs of inspections done by other governmental agencies for the department.

      (3) The department may place conditions on any license issued under this section in accordance with the provisions of ORS 418.240, including but not limited to placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke and limitation of operations subject to correction of violations as specified in a plan of correction imposed by the department.

      (4) No person or organization shall operate a private residential boarding school without having a current, valid license issued by the department.

      (5) Any person, including the Director of Human Services, may file a complaint with the department alleging that children attending a private residential boarding school, or that children within the control of any other organization that 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.

      (6) The department shall immediately investigate complaints made under subsection (5) of this section in the manner provided under ORS 418.205 to 418.327.

      (7) 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 private residential boarding school meets minimum standards required of public educational institutions.

      (8) 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. [1975 c.313 §1; 1977 c.232 §1; 1979 c.284 §140; 1983 c.510 §15; 2011 c.278 §4; 2016 c.106 §24]

 

PAYMENTS TO ADOPTIVE PARENTS OR GUARDIANS

 

      418.330 Payments to adoptive parents or guardians; conditions; limitations. (1) As used in this section:

      (a) “Child” means:

      (A) A person under 18 years of age;

      (B) A person under 21 years of age if the Department of Human Services determines that the person has a mental or physical disability that warrants the continuation of assistance; or

      (C) A person who has attained 18 years of age and:

      (i) On whose behalf payments under this section were received prior to the person attaining 18 years of age, provided the person was at least 16 years of age at the time the payments commenced;

      (ii) Has not attained 21 years of age; and

      (iii)(I) Is completing secondary education or a program leading to an equivalent credential;

      (II) Is enrolled in an institution or program that provides post-secondary or vocational education;

      (III) Is participating in a program or activity designed to promote, or remove barriers to, employment;

      (IV) Is employed for at least 80 hours per month; or

      (V) Is incapable of doing any of the activities described in sub-sub-subparagraphs (I) to (IV) of this sub-subparagraph due to a medical condition, which incapability is supported by regularly updated documentation.

      (b) “Nonrecurring adoption or guardianship expenses” means reasonable and necessary adoption or guardianship fees, court costs, attorney fees and other expenses that are directly related to the adoption of, or establishment of a guardianship for, a child with special needs and that are not incurred in violation of state or federal law.

      (2) The department may make payments to adoptive parents or guardians on behalf of a child placed for adoption or establishment of a guardianship by the department, or placed for adoption by an approved child-caring agency, when the department determines:

      (a) The child has special needs because of an impediment to adoptive placement or establishment of a guardianship by reason of the child’s physical or mental condition, race, age, or membership in a sibling group; or

      (b) The adoptive family or guardian 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.

      (3) Payments to subsidize adoptions or guardianships made under subsection (2) of this section:

      (a) Shall include payment of nonrecurring adoption or guardianship expenses incurred by or on behalf of adoptive parents or guardians in connection with the adoption of, or establishment of a guardianship for, a child with special needs;

      (b) 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;

      (c) May not exceed the cost of providing comparable assistance in foster care; and

      (d) May not be made:

      (A) For a child who has not attained 18 years of age, when the adoptive parents or guardians are no longer legally responsible for the support of the child; or

      (B) When the child is no longer receiving any support from the adoptive parents or guardians.

      (4) Adoptive parents or guardians receiving payments under subsection (2) of this section shall inform the department of circumstances that would make the adoptive parents or guardians:

      (a) Ineligible to receive the payments; or

      (b) Eligible to receive the payments in a different amount. [1971 c.129 §§1,2; 2011 c.141 §1; 2015 c.840 §16; 2021 c.59 §4]

 

      418.335 Determination of eligibility for payments; review; hearing. (1) Qualification for payments under ORS 418.330 must be determined by the Department of Human Services prior to the completion of the adoption or guardianship proceeding.

      (2) The department shall set the amount of payments under ORS 418.330 through negotiations with the prospective adoptive parents or guardians, taking into consideration the circumstances of the prospective adoptive parents or guardians and the needs of the child.

      (3) The department may change the amount of payments under ORS 418.330:

      (a) Through renegotiation with the adoptive parents or guardians, based upon a showing that there has been a change in the circumstances of the adoptive parents or guardians or the needs of the child; or

      (b) When the department has reduced or increased the amount of comparable assistance in foster care under ORS 418.647.

      (4) The department may suspend or terminate payments when one or more of the following conditions exist:

      (a) The child no longer meets the definition of “child” under ORS 418.330.

      (b) The adoptive parents or guardians are no longer legally responsible for the support of the child.

      (c) The child is no longer receiving any support from the adoptive parents or guardians.

      (5) If a payment under ORS 418.330 is suspended or terminated for a reason not related to the age of the child or because a guardianship has been vacated by the court, the adoptive parents or guardians 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 must be held in the county the petitioner elects. [1971 c.129 §§3,4; 2011 c.141 §2; 2015 c.840 §17]

 

      418.340 Rules. The Department of Human Services shall make all necessary rules for payments to subsidize adoptions or guardianships. [1971 c.129 §5; 2011 c.141 §3; 2015 c.840 §18]

 

      418.342 [1989 c.306 §2; renumbered 657A.100 in 1993]

 

      418.344 [1989 c.306 §1; renumbered 657A.110 in 1993]

 

      418.345 Adoption Applicable Child Savings Fund. (1) The Adoption Applicable Child Savings Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Adoption Applicable Child Savings Fund shall be credited to the fund. Moneys in the Adoption Applicable Child Savings Fund at the end of a biennium are retained in the Adoption Applicable Child Savings Fund and do not revert to the General Fund.

      (2) Moneys in the Adoption Applicable Child Savings Fund consist of:

      (a) Moneys received by the Department of Human Services from the General Fund for adoption assistance payments under ORS 418.330 that have been calculated as General Fund applicable child savings in accordance with 42 U.S.C. 673(a)(8);

      (b) Moneys donated to the Adoption Applicable Child Savings Fund;

      (c) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

      (d) Investment earnings received on moneys in the fund; and

      (e) Other amounts deposited in the fund from any source.

      (3) Moneys in the Adoption Applicable Child Savings Fund are continuously appropriated to the Department of Human Services for the purpose of funding child welfare services.

      (4) Moneys in the fund shall be used to supplement existing funds used for child welfare services and may not be used in lieu of these existing funds.

      (5) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. [2017 c.637 §2]

 

      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]

 

REFERRALS TO RESIDENTIAL CARE AND SECURE TRANSPORTATION SERVICES PROVIDERS

 

      418.351 Definitions for 418.351 to 418.357. As used in ORS 418.351 to 418.357:

      (1) “Client” means a parent or guardian or other person seeking a referral or recommendation for programs for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency or disability-related challenges.

      (2) “Placement information” means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, telephone number, zip code, medical history, information about necessary services or the reasons for seeking residential care.

      (3)(a) “Referral agent” means a person that provides residential care referrals.

      (b) “Referral agent” does not include:

      (A) A residential care program or its employees.

      (B) A public body as defined in ORS 174.109.

      (C) A physician licensed under ORS chapter 677 or a nurse practitioner licensed under ORS 678.375 to 678.390 if the subject of placement is a patient of the physician or nurse practitioner and the physician or nurse practitioner has deemed the placement to be medically necessary.

      (4)(a) “Residential care program” means a residential program or facility that meets the criteria of a child-caring agency as defined in ORS 418.205, regardless of whether the program is located in Oregon or out of Oregon.

      (b) “Residential care program” does not include:

      (A) A hospital as defined in ORS 442.015 or a rural hospital as defined in ORS 442.470.

      (B) An adoption agency.

      (C) An academic boarding school that provides educational services and care to children 24 hours a day and does not offer or arrange specialized treatment or therapeutic services to students with disabilities or to students with social, emotional or behavioral problems.

      (5) “Residential care referral” means a referral to a residential care program in connection with which the referral agent receives compensation from any source when:

      (a) The client or the subject of placement resides in this state;

      (b) The referral agent resides in or has a primary place of business in this state; or

      (c) The program to which the referral is made is located in this state.

      (6) “Subject of placement” means the individual to be placed with a residential care program through a residential care referral. [2021 c.590 §1]

 

      Note: 418.351 to 418.357 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.

 

      418.352 [1989 c.306 §6; renumbered 657A.150 in 1993]

 

      418.353 Residential care referrals; disclosures; limitations; compensation; penalties. (1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral or recommendation regarding a residential care program. The written disclosure must be conspicuous, provided in clear language and include:

      (a) A description of the residential care referral to be provided by the referral agent, including:

      (A) The names of all agencies that license the program and the type of licenses the program currently holds.

      (B) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the program.

      (C) The number of substantiated allegations of abuse, deaths and serious injuries at the program in the prior 24 months, based on direct inquiry with each agency that licenses the program or investigates abuse at the program.

      (D) The program’s restraint, seclusion and behavioral management policy.

      (E) Names, titles and educational background of the leadership team of the program.

      (F) Day and nighttime staff to student ratio of the program.

      (G) Whether the program serves youth offenders.

      (H) Names, titles and educational background of all health care providers who are employees of the program.

      (I) If the program advertises treatment services, whether the program is regulated as a behavioral health center by its state’s health authority.

      (b) A description of the relationship between the referral agent and the program the agent is making referral to, including:

      (A) A statement of whether the referral agent provides residential care referrals only to programs with which the agent has an existing contract.

      (B) A disclosure of all sources of fees, compensation or consideration the referral agent may receive in exchange for making the residential care referral.

      (c) A description of the referral agent’s qualifications and business practices, including:

      (A) The referral agent’s contact information, including address and telephone number.

      (B) The referral agent’s educational background and qualifications.

      (C) The referral agent’s privacy policy.

      (d) The date of the referral agent’s last visit to the facility and whether the visit was in person or a virtual tour as permitted under subsection (2)(b) of this section.

      (2) A referral agent may not:

      (a) Refer a client to a residential care program that is not licensed by the agency responsible for licensing child-caring agencies in the state where the program is located.

      (b) Refer a client to a residential care program unless within the prior 24 months, the agent has personally toured the program or, if the tour occurred during a time when personal tours were prohibited by a federal, state or local emergency declaration, virtually toured the program.

      (c) Refer a client to a residential care program that has had a restriction, revocation or suspension of its license by any licensing entity within the prior 12 months.

      (d) Refer a client to an organization or company that offers secure transportation services that is not approved by the state Department of Human Services to accept referrals, under rules adopted by the department.

      (e) Share a client’s placement information with or sell a client’s placement information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.

      (f) Refer a client to a residential care program in which the referral agent or an immediate family member of the referral agent has an ownership interest.

      (g) Refer a client to a residential care program that provides any compensation, payment or consideration to the referral agent in exchange for the referral.

      (h) Contact a client who has requested in writing that the referral agent stop contacting the client.

      (3) For each residential care program to which the referral agent makes residential care referrals, a referral agent shall provide to a client via a website or written notice:

      (a) A link to the state agency website listing licensing or abuse complaints concerning the program.

      (b) Contact information to facilitate reporting of abuse or neglect or licensing violations in the state in which the program is located.

      (c) Contact information for the law enforcement agency responsible for coverage of the community in which the program is located.

      (4)(a) A referral agent must include in any contract with a residential care program provisions prohibiting the referral agent from collecting compensation for a referral to a program when the program is a subsequent program as described in this subsection. A program is a subsequent program if:

      (A) The subject of placement enters a residential care program to which the subject of placement is referred by a first referral agent, but subsequently leaves that program; and

      (B) A new referral agent refers the subject of placement to the subsequent program.

      (b) When a residential care referral is made to a subsequent program for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent program that the first referral agent is not entitled to compensation for the referral.

      (5) A client may bring a cause of action for a violation of this section and may recover actual damages or $750, whichever is greater. The court may award reasonable attorney fees to the prevailing party in an action under this subsection. [2021 c.590 §2; 2023 c.9 §27]

 

      Note: See note under 418.351.

 

      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]

 

      418.357 Residential care referral agents; registration; rules; penalties. (1) A person may not provide a residential care referral unless the person is registered with the Department of Human Services under this section.

      (2) The department shall issue a registration to provide residential care referrals to an applicant that meets requirements established by the department by rule and pays a $325 fee.

      (3) A registration issued under this section must be renewed every two years. The department shall set the renewal fee by rule, but the renewal fee may not exceed $325.

      (4) The department shall require an applicant to:

      (a) Identify an individual responsible for the application;

      (b) Demonstrate that the applicant meets the requirements of ORS 418.353;

      (c) Demonstrate that the applicant maintains at least $1 million in general liability insurance; and

      (d) Perform background checks on referral agents who have direct contact with clients, as defined by rule of the department.

      (5) The department may adopt rules as necessary to administer ORS 418.351 to 418.357.

      (6) The department may impose a civil penalty on a person for violation of ORS 418.351 to 418.357 or violation of rules adopted under ORS 418.351 to 418.357. [2021 c.590 §3]

 

      Note: See note under 418.351.

 

      418.358 [1989 c.306 §9; 1993 c.344 §28; renumbered 657A.180 in 1993]

 

      418.359 Referrals to secure transportation services providers; disclosure. (1) A person or organization that makes a referral or recommendation related to the use of a secure transportation services provider to transport a child to a child-caring agency, certified foster home or developmental disabilities residential facility must provide the written disclosure described in subsection (2) of this section if the child to be transported is a resident of this state or if the child-caring agency, certified foster home or developmental disabilities residential facility to which the secure transportation services provider will deliver the child is located in this state.

      (2) The disclosure under this section must state:

______________________________________________________________________________

      Except as specifically exempted under ORS 418.241, a secure transportation services provider that transports children to or from a child-caring agency, certified foster home or developmental disabilities residential facility along any portion of a route that begins or ends in Oregon is required to be licensed by the Department of Human Services under ORS 418.215 or 418.240.

______________________________________________________________________________

      (3) As used in this section, “certified foster home,” “child-caring agency,” “developmental disabilities residential facility” and “secure transportation services” have the meanings given those terms in ORS 418.241. [2021 c.672 §14; 2022 c.90 §16]

 

      Note: 418.359 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.

 

      418.360 [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 person and department. (1) Within the limit of moneys appropriated therefor, the Department of Human Services may establish, license, certify or authorize independent residence facilities for unmarried persons who:

      (a)(A) Are at least 16 years of age and not older than 20 years of age;

      (B) Have been placed in at least one substitute care resource;

      (C) Have been determined by the department to possess the skills and level of responsibility required for the transition to adulthood;

      (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 living program; or

      (b)(A) Are at least 16 years of age and not older than 24 years of age;

      (B) At any time after attaining 14 years of age experienced homelessness for an aggregate of six months;

      (C) While experiencing homelessness as described in subparagraph (B) of this paragraph, received services from an organization contracted by the department to provide services to homeless persons or from a host home, as defined by the department by rule; and

      (D) Last received the services described in subparagraph (C) of this paragraph after attaining 16 years of age.

      (2) Independent residence facilities shall provide independent housing arrangements with counseling services and minimal supervision available from at least one counselor.

      (3) Each resident shall be required to maintain a department approved independent living plan consisting of education, employment or volunteer activities, or a combination thereof, and shall be required to pay a portion or all of the resident’s housing expenses and other support costs. The department may approve an exception to the requirements of this subsection for reasons of temporary loss of employment or of other financial support.

      (4) The department may make payment grants directly to persons enrolled in an independent living program who, at a minimum, meet the requirements described in subsection (1)(a)(A) to (C) or (b) of this section for food, shelter, clothing, transportation and incidental expenses. The payment grants shall be subject to an agreement between the person and the department that establishes a budget of expenses.

      (5) The department may establish cooperative financial management agreements with a person enrolled in an independent living program and for that purpose may enter into joint bank accounts requiring two signatures for withdrawals. The management agreements or joint accounts may not subject the department or any counselor involved to any liability for debts or other responsibilities of the person.

      (6) The department shall make periodic reports to the juvenile court as required by the court regarding any ward of the court who is enrolled in an independent living program.

      (7) The enrollment of a person in an independent living program in accordance with the provisions of subsection (1) of this section or making payment grants under subsection (4) of this section does not remove or limit in any way the obligation of the parent of the person to pay support as ordered by a court under the provisions of ORS 419B.400. [1973 c.801 §1; 1977 c.717 §17; 1981 c.283 §1; 1993 c.33 §328; 2003 c.14 §223; 2007 c.71 §108; 2016 c.106 §25; 2017 c.30 §1; 2021 c.59 §1; 2021 c.597 §71; 2022 c.42 §4]

 

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 provided by Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, 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; 2011 c.568 §9]

 

      418.485 Policy; annual report. It is the policy of the State of Oregon to strengthen family life and to ensure 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 child-caring agencies and with Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, 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 child-caring agencies and Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598 to develop programs required to meet the needs of the children of this state, and moneys 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 local, community and county-based organizations. The Department of Human Services shall document and present an annual report to the committees of the Legislative Assembly that address efforts taken under this section. [1971 c.457 §2; 1975 c.795 §3; 2011 c.568 §10; 2016 c.106 §45]

 

      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; payment standards for foster care; rules. (1) Within the limits of funds available therefor, the Department of Human Services may enter into agreements and contracts with child-caring agencies, Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, other appropriate providers of care or services to children and facilities, including youth care centers, for the purchase of care for children who require and are eligible for such care, regardless of whether the child is a ward of the state, whether the department is the child’s guardian or has custody of the child, or whether the child has been released or surrendered to a child-caring agency pursuant to ORS 418.270 or to a Strengthening, Preserving and Reunifying Families program under ORS 418.575 to 418.598 or committed thereto by order of a court under ORS chapter 419B or 419C. The agreement shall prescribe the procedures for payment and the rate of payment and may contain such other conditions as the department and the agency, facility or program may agree. Payment must be made by electronic funds transfer from the department to the payee and may not be made by check.

      (2) The department shall by rule adopt payment standards for foster care that is provided under ORS 418.625 to 418.645. In establishing standards, the department may take into account the income, resources and maintenance available to and the necessary expenditures of a foster parent who is a relative, as defined by rule, of the child placed in care. [1971 c.457 §4; 1993 c.33 §329; 2007 c.801 §1; 2011 c.568 §11; 2016 c.106 §26]

 

      418.500 Out-of-state care for children. Subject to ORS 418.322, 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 418.321 and 418.495 and shall apply to children described therein. [1971 c.457 §5; 2020 s.s.1 c.19 §§10a,10b]

 

      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) As used in this section:

      (a) “Medically accepted indication” means any use for a covered outpatient drug that is approved under the Federal Food, Drug and Cosmetic Act, or recommended by the Pharmacy and Therapeutics Committee created by ORS 414.353, or the use of which is supported by one or more citations included or approved for inclusion in any of the following compendia:

      (A) American Hospital Formulary Service drug information;

      (B) United States Pharmacopoeia drug information or any successor publication;

      (C) The DRUGDEX Information System; or

      (D) Peer-reviewed medical literature.

      (b) “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.

      (2) 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.

      (3) The procedures shall include but not be limited to:

      (a) Required assessment by a qualified mental health professional or licensed medical professional, with expertise in children’s mental health, as defined by rule of the department prior to issuance of a new prescription for more than one psychotropic medication or any antipsychotic medication, except in case of urgent medical need as defined by rule.

      (b) Required notice by the foster parent to the department within one working day after receiving a new prescription of the psychotropic medication.

      (c) 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 pursuant to a medically accepted indication;

      (D) The reason for the medication;

      (E) The efficacy of the medication; and

      (F) The side effects of the medication.

      (d) Specified follow-up and monitoring by the department of a child taking psychotropic medication including, but not limited to, an annual review of medications by a licensed medical professional, or qualified mental health professional with authority to prescribe drugs, other than the prescriber, if the child has more than two prescriptions for psychotropic medications or if the child is under the age of six years.

      (4) A psychotropic medication may not be prescribed for a child under this section unless it is used for a medically accepted indication that is age appropriate.

      (5) 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.

      (6) On the first day of each quarter, the department shall submit a report to the appropriate committee or interim committee of the Legislative Assembly on the use of psychotropic medications for children placed in foster care by the department. The report must include the number of children in foster care in each department service district and in each age group who are receiving:

      (a) Not more than two psychotropic medications;

      (b) Three or four psychotropic medications; and

      (c) Five or more psychotropic medications. [1993 c.361 §1; 2009 c.853 §1; 2011 c.720 §157; 2021 c.220 §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.

 

RESTRAINT AND INVOLUNTARY SECLUSION OF CHILDREN IN CARE

 

      418.519 Definitions for ORS 418.519 to 418.532. As used in ORS 418.519 to 418.532:

      (1) “Certified foster home” means a foster home subject to ORS 418.625 to 418.645.

      (2) “Chemical restraint” means a drug or medication that is administered to a child in care to control behavior or restrict freedom of movement.

      (3) “Child-caring agency” has the meaning given that term in ORS 418.205.

      (4) “Child in care” has the meaning given that term in ORS 418.257.

      (5) “Children’s emergency safety intervention specialist” means a qualified mental health professional licensed to order, monitor and evaluate the use of seclusion and restraint in accredited and certified facilities that provide intensive mental health treatment services to individuals under 21 years of age.

      (6) “Developmental disabilities residential facility” has the meaning given that term in ORS 418.257.

      (7)(a) “Involuntary seclusion” means the confinement of a child in care alone in a room or an enclosed space from which the child in care is prevented from leaving by any means.

      (b) “Involuntary seclusion” does not include age-appropriate discipline, including, but not limited to, time-out if the time-out is in a setting from which the child in care is not prevented from leaving by any means.

      (8) “Mechanical restraint” means a device used to restrict the movement of a child in care or the movement or normal function of a portion of the body of a child in care.

      (9) “Proctor foster home” means a foster home certified by a child-caring agency under ORS 418.248.

      (10) “Program” means:

      (a) A child-caring agency;

      (b) A proctor foster home; or

      (c) A developmental disabilities residential facility that is a residential training home or facility licensed under ORS 443.415 to serve children under 18 years of age.

      (11) “Prone restraint” means a restraint in which a child in care is held face down on the floor.

      (12) “Reportable injury” means any type of injury to a child in care, including but not limited to rug burns, fractures, sprains, bruising, pain, soft tissue injury, punctures, scratches, concussions, abrasions, dizziness, loss of consciousness, loss of vision, visual disturbance or death.

      (13) “Restraint” means the physical restriction of a child in care’s actions or movements by holding the child in care or using pressure or other means.

      (14) “Secure adolescent inpatient treatment program” means a child-caring agency that is an intensive treatment services program, as described by the Oregon Health Authority by rule, that provides inpatient psychiatric stabilization and treatment services to individuals under 21 years of age who require a secure intensive treatment setting.

      (15) “Secure children’s inpatient treatment program” means a child-caring agency that is an intensive treatment services program, as described by the authority by rule, that provides inpatient psychiatric stabilization and treatment services to children under 14 years of age who require a secure intensive treatment setting.

      (16) “Serious bodily injury” means any significant impairment of the physical condition of an individual, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

      (17) “Supine restraint” means a restraint in which a child in care is held face up on the floor. [2021 c.672 §1; 2023 c.267 §2]

 

      Note: 418.519 to 418.532 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.

 

      418.520 [Formerly 419.258; 1971 c.401 §39; repealed by 1989 c.41 §2]

 

      418.521 Prohibitions on restraint and involuntary seclusion of child in care. (1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.

      (2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited:

      (a) Chemical restraint.

      (b) Mechanical restraint.

      (c) Prone restraint.

      (d) Supine restraint.

      (e) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care’s movement.

      (f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or throat.

      (g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth.

      (h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.

      (i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care’s neck, throat, genitals or other intimate parts.

      (j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.

      (k) Any other action, the primary purpose of which is to inflict pain. [2021 c.672 §2; 2023 c.267 §3]

 

      Note: See note under 418.519.

 

      418.523 Permissible use of restraint or involuntary seclusion of child in care. (1) Except as otherwise provided in this section, a child-caring agency, proctor foster home or developmental disabilities residential facility may only place a child in care in a restraint or involuntary seclusion if the child in care’s behavior poses a reasonable risk of imminent serious bodily injury to the child in care or others and less restrictive interventions would not effectively reduce that risk.

      (2) A certified foster home may not place a child in care in a restraint or involuntary seclusion.

      (3) Notwithstanding subsection (1) or (2) of this section, a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may use the following types of restraints on a child in care:

      (a) Holding the child in care’s hand or arm to escort the child in care safely and without the use of force from one area to another;

      (b) Assisting the child in care to complete a task if the child in care does not resist the physical contact; or

      (c) Using a physical intervention if:

      (A) The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

      (B) The intervention uses the least amount of physical force and contact possible; and

      (C) The intervention is not a prohibited restraint described in ORS 418.521 (2).

      (4) Notwithstanding ORS 418.521 (2):

      (a) The restraint described in ORS 418.521 (2)(e) may be used if the restraint is necessary to gain control of a weapon.

      (b) The restraint described in ORS 418.521 (2)(g) may be used if the restraint is necessary for the purpose of extracting a body part from a bite.

      (c) If a program is a secure children’s inpatient treatment program or secure adolescent inpatient treatment program, the program may place a child in care in a restraint described in ORS 418.521 (2)(d) or (e) only if:

      (A) The child in care is currently admitted to the program;

      (B) The restraint is authorized by an order written at the time of and specifically for the current situation by a licensed medical practitioner or a licensed children’s emergency safety intervention specialist;

      (C) The restraint is used only as long as needed to prevent serious physical injury, as defined in ORS 161.015, and while no other intervention or form of restraint is possible;

      (D) A licensed medical practitioner, children’s emergency safety intervention specialist or qualified mental health professional, who is certified in the use of the type of restraint used, continuously monitors the use of the restraint and the physical and psychological well-being of the child in care at all times while the restraint is being used;

      (E) Each individual placing the child in care in the restraint is certified as described in ORS 418.529 in the use of the type of restraint used and the individual’s training is current;

      (F) One or more individuals with current cardiopulmonary resuscitation training are present for the duration of the restraint;

      (G) The program has written policies that require a licensed children’s emergency safety intervention specialist or other licensed practitioner to evaluate and document the physical, psychological and emotional well-being of the child in care immediately following the use of the restraint; and

      (H) The program is in compliance with any other requirements under ORS 418.519 to 418.532, and the use of the restraint does not otherwise violate any applicable contract requirements or any state or federal law related to the use of restraints.

      (5) In addition to the restraints described in subsection (3) of this section, a program may place a child in care in a restraint or involuntary seclusion if:

      (a) The restraint or involuntary seclusion is used only for as long as the child in care’s behavior poses a reasonable risk of imminent serious bodily injury;

      (b) The individuals placing the child in care in the restraint or involuntary seclusion are certified as described in ORS 418.529 in the use of the type of restraint used or are trained, as required by the department by rule, in the use of the involuntary seclusion used;

      (c) The program staff continuously monitor the child in care for the duration of the restraint or involuntary seclusion; and

      (d) The restraint or involuntary seclusion is performed in a manner that is safe, proportionate and appropriate, taking into consideration the child in care’s chronological and developmental age, size, gender identity, physical, medical and psychiatric condition and personal history, including any history of physical or sexual abuse.

      (6) In addition to the requirements described in subsection (5) of this section, if a program places a child in care in a restraint or involuntary seclusion for more than 10 minutes:

      (a) The program must provide the child in care with adequate access to the bathroom and water at least every 30 minutes; and

      (b)(A) Every five minutes after the first 10 minutes of the restraint or involuntary seclusion, a program supervisor who is certified as described in ORS 418.529 in the use of the type of restraint being used or trained, as required by the department by rule, in the use of the involuntary seclusion being used must provide written authorization for the continuation of the restraint or involuntary seclusion.

      (B) If the supervisor is not on-site at the time the restraint is used, the supervisor may provide the written authorization electronically.

      (C) The written authorization must document why the restraint or involuntary seclusion continues to be the least restrictive intervention to reduce the risk of imminent serious bodily injury in the given circumstances. [2021 c.672 §3; 2021 c.672 §4]

 

      Note: See note under 418.519.

 

      418.525 [Formerly 419.260; 1967 c.454 §53; 1971 c.401 §40; repealed by 1989 c.41 §2]

 

      418.526 Program procedures; record keeping; notices following use of restraint or involuntary seclusion; reports; use of video recording equipment; rules. (1) A program shall establish procedures for the program to follow when a child in care is placed in a restraint or involuntary seclusion. The procedures must be consistent with the provisions of this section and ORS 418.521 and 418.523.

      (2)(a) A program shall maintain a record of each incident in which a reportable injury arises from the use of a restraint or involuntary seclusion. The record under this subsection must include any photographs, audio recordings or video recordings immediately preceding, during and following the incident. The record may not be destroyed, edited, concealed or altered in any way.

      (b) The program shall immediately provide the Department of Human Services with written notification of the incident and true copies of any record maintained under this subsection.

      (c) Upon the request of the attorney, court appointed special advocate, parents or guardians of a child in care on whom the restraint or involuntary seclusion was used, the department shall provide the child in care’s attorney, court appointed special advocate, parents or guardians with copies of the records described in this subsection.

      (3)(a) If a program places a child in care in a restraint except as provided in ORS 418.523 (3)(a) or (b), or involuntary seclusion, the program shall provide the child in care’s case manager, attorney, court appointed special advocate and parents or guardians with:

      (A) Verbal or electronic notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day; and

      (B) Written notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day.

      (b) The written notice must include:

      (A) A description of the restraint or involuntary seclusion, the date of the restraint or involuntary seclusion, the times when the restraint or involuntary seclusion began and ended and the location of the restraint or involuntary seclusion.

      (B) A description of the child in care’s activity that necessitated the use of restraint or involuntary seclusion.

      (C) The efforts the program used to de-escalate the situation and the alternatives to restraint or involuntary seclusion the program attempted before placing the child in care in the restraint or involuntary seclusion.

      (D)(i) The names of each individual who placed the child in care in the restraint or involuntary seclusion or who monitored or approved the placement of the child in care in the restraint or involuntary seclusion.

      (ii) For each individual identified in this subparagraph, whether the individual was certified as described in ORS 418.529 in the use of the type of restraint used or trained, as required by the Department of Human Services by rule, in the use of the involuntary seclusion used, the date of the individual’s most recent certification or training and a description of the types of restraint the individual is certified to use, if any.

      (iii) If an individual identified in this subparagraph was not certified or trained in the type of restraint or involuntary seclusion used, or if the individual’s certification or training was not current, a description of the individual’s certification or training deficiency and the reason an individual without the proper certification or training was involved in the restraint or involuntary seclusion.

      (E) If the child in care suffered a reportable injury arising from the incident, a description of any photographs, audio recordings or video recordings related to the incident that are maintained by the program under subsection (2) of this section.

      (4) If an incident requires notice under subsection (3) of this section, not later than two business days following the date of the restraint or involuntary seclusion, the program shall hold a debriefing meeting with each individual who was involved in the incident and with any other appropriate program staff, shall take written notes of the debriefing meeting and shall provide copies of the written notes to the child in care’s case manager, attorney, court appointed special advocate and parents or guardians.

      (5) If serious bodily injury or the death of staff personnel occurs in connection to the use of the restraint or involuntary seclusion, the program shall provide the department with written notification of the incident not later than 24 hours following the incident.

      (6) The department shall adopt rules regarding the installation and use of video recording equipment in a program. [2021 c.672 §5; 2021 c.672 §6; 2023 c.204 §1]

 

      Note: See note under 418.519.

 

      418.528 Quarterly reports; public access to reports; notices. (1) A program must prepare and submit to the Department of Human Services a quarterly report detailing the program’s use of restraint and involuntary seclusion for the preceding three-month period, including, at a minimum:

      (a) The total number of incidents involving restraint.

      (b) The total number of incidents involving involuntary seclusion.

      (c) The total number of involuntary seclusions in a locked room.

      (d) The total number of rooms available for use by the program for involuntary seclusion and a description of the dimensions and design of the rooms.

      (e) The total number of children in care placed in restraint.

      (f) The total number of children in care placed in involuntary seclusion.

      (g) The total number of children who experienced both restraint and involuntary seclusion.

      (h) The total number of incidents under paragraph (a) or (b) of this subsection that resulted in reportable injuries.

      (i) The number of children in care who were placed in restraint or involuntary seclusion more than three times during the preceding three-month period and a description of the steps the program has taken to decrease the use of restraint and involuntary seclusion.

      (j) The number of incidents in which an individual who placed a child in care in a restraint or involuntary seclusion was not certified as described in ORS 418.529 or trained, as required by the department by rule, in the use of the type of restraint or involuntary seclusion used.

      (k) The demographic characteristics of the children in care who the program placed in a restraint or involuntary seclusion, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

      (L) The total number of children in care served by the program during the reporting period, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

      (2)(a) If a program provides services in more than one location, the reports under subsection (1) of this section must separate the data for each location that serves five or more children in care.

      (b) If the site-specific data for a given location is not provided under paragraph (a) of this subsection because the program serves fewer than five children in care at that location, the program’s report must include a notation indicating the aggregate number of children in care served by the program across all of the program’s locations and the reporting requirements under paragraph (a) of this subsection continue to apply to any of the program’s other locations serving five or more children in care.

      (3)(a) The department shall make each quarterly report it receives under this section available to the public on the department’s website.

      (b) Each program that submits a report under this section shall make its quarterly report available to the public upon request at the program’s main office and on the program’s website if the program maintains a website.

      (c) Each program shall provide notice regarding how to access the quarterly reports to the parents or guardians of children in care in the program. The program shall provide the notice upon the child in care’s admission and at least two times each year thereafter.

      (4) The reporting requirements under subsection (1) of this section do not apply to a program that provides adoption placement services but does not otherwise provide care or services to children. [2021 c.672 §7; 2021 c.672 §8; 2023 c.190 §1; 2023 c.267 §4]

 

      Note: See note under 418.519.

 

      418.529 Training standards and certification; instructor qualifications; continuing education; rules. (1)(a) The Department of Human Services shall adopt by rule training standards and certification requirements regarding the placement of a child in care in a restraint or involuntary seclusion, consistent with this section.

      (b) The department shall designate two or three nationally recognized providers of crisis intervention training that meet the department’s training standards and whose certifications issued upon completion of the training programs the department will recognize as satisfying the department’s certification requirements.

      (2) The department’s rules under this section must:

      (a) Ensure consistency of training and professional development across all programs;

      (b) Require the teaching of techniques for nonviolent crisis intervention that do not require restraint;

      (c) Focus on de-escalation and trauma-informed behavioral support as the core of a training program;

      (d) Offer options for certification in skills that do not include the use of restraint to improve agency-wide safety, culture and trauma-informed practices;

      (e) Prioritize the reduction or elimination of the use of restraint and involuntary seclusion;

      (f) Ensure that any physical intervention skills taught are trauma-informed, age-appropriate and developmentally appropriate for children in care, reduce the risk of physical or emotional harm and are consistent with all state and federal laws;

      (g) Include training to identify the physical, psychological and emotional risks for children and program staff related to the use of restraint and involuntary seclusion;

      (h) Ensure fidelity of training through the publication of consistent training materials and resources for certified instructors and certified program staff;

      (i) Include requirements for instructor training and certification; and

      (j) Require regular, ongoing support to certified instructors, including quality control, monitoring of outcomes and provision of information regarding networks for professional collaboration and support.

      (3) The department’s rules must require that training instructors:

      (a) Be certified to conduct the type of training the instructor is providing;

      (b) Complete a minimum of 26 hours of initial education with a focus on de-escalation, nonviolent intervention and methods consistent with the department’s rules for the use of physical intervention;

      (c) Complete a minimum of 12 hours of continuing education every two years;

      (d) Be recertified at least once every two years; and

      (e) Demonstrate written and physical competency before receiving certification or recertification.

      (4) The department’s rules must provide that an individual who places a child in care in a program in a restraint must be certified in the use of the specific type of restraint used. The department’s rules must describe the minimum certification requirements, including:

      (a) Completion of a minimum of 12 hours of initial training in person from an instructor certified as provided in subsection (3) of this section, including at least six hours of training in positive behavior support, nonviolent crisis intervention and other methods of nonphysical intervention to support children in care in crisis;

      (b) Annual continuing education with a certified instructor; and

      (c) Demonstration of a mastery of the training program material both in writing and by physical competency before receiving certification.

      (5) A certification issued under this section:

      (a) Must be personal to the individual certified by the training provider;

      (b) May be valid for no more than two years without recertification;

      (c) Must require annual continuing education to maintain;

      (d) Must require additional training to renew the certification;

      (e) Must be portable between employers; and

      (f) Must include:

      (A) The dates during which the certification is current;

      (B) The types of restraint in which the individual is certified, if any;

      (C) The types of training the individual is certified to conduct, if any;

      (D) Any special endorsements earned by the individual;

      (E) The level of training; and

      (F) The name of the certified instructor who conducted the training and administered the assessment of proficiency.

      (6) An individual whose certification is consistent with the department’s rules under this section shall maintain the documentation of the certification and make that documentation available to the department upon request. [2021 c.672 §9; 2021 c.672 §10]

 

      Note: See note under 418.519.

 

      418.530 [Formerly 419.262; repealed by 1989 c.41 §2]

 

      418.532 Notices to children in care. (1) Each child in care receiving services from a child-caring agency must be provided with information that:

      (a) Explains the provisions of ORS 418.519 to 418.532;

      (b) Provides instruction regarding how a child in care may report suspected inappropriate use of restraint or involuntary seclusion;

      (c) Assures the child in care that the child will not experience retaliation for reporting suspected inappropriate uses of restraint or involuntary seclusion; and

      (d) Includes the telephone number for the toll-free child abuse hotline described in ORS 417.805, information regarding the centralized child abuse reporting system described in ORS 418.190 and the telephone numbers and electronic mail addresses for the program’s licensing or certification agency, the child in care’s caseworker and attorney, the child in care’s court appointed special advocate and Disability Rights Oregon.

      (2) The information described in subsection (1) of this section must be provided by:

      (a) The Department of Human Services if the department placed the child in care in the child-caring agency;

      (b) The Oregon Youth Authority if the child in care has been committed to the custody of the authority; or

      (c) The child-caring agency, as required by the department by rule, for all other children in care. [2021 c.672 §11; 2023 c.132 §5]

 

      Note: See note under 418.519.

 

      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]

 

STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAMS

 

      418.575 Definitions for ORS 418.575 to 418.598. As used in ORS 418.575 to 418.598:

      (1) “Child” means a child who qualifies for child welfare services provided by the Department of Human Services.

      (2) “Client-focused functional outcome measures” means objective, observable measures of outcomes for services provided to a child and a child’s family under ORS 418.575 to 418.598, including but not limited to measures relating to permanency.

      (3) “County partners” means employees or representatives of the Department of Human Services, the county, court appointed special advocates under ORS 419B.112, drug and alcohol treatment providers, mental health providers, providers of affordable housing and other persons or entities that provide services to children and families within a county of this state.

      (4) “Family” means, at a minimum but not to the exclusion of siblings as defined in ORS 419A.004 or other persons living in the same household with a child, the child and:

      (a) The child’s parent as defined in ORS 419A.004;

      (b) The child’s guardian appointed pursuant to ORS chapter 125; or

      (c) A person who has a caregiver relationship as defined in ORS 419B.116 with the child.

      (5) “Intensive in-home services” means services that keep a child and family together in the child’s and family’s home with a goal of 24-hour on-call support while the child and the child’s family engage in family strengthening activities and receive appropriate mental health and addiction treatment and other intensive support interventions.

      (6) “Performance-based contract” means a contract entered into under ORS 418.580 that:

      (a) Requires a program to demonstrate successful child-driven outcomes when compared to alternative placement options and long-term cost savings; and

      (b) Bases termination or renewal of the contract on demonstration of the factors described in paragraph (a) of this subsection.

      (7) “Program” means a Strengthening, Preserving and Reunifying Families program described in ORS 418.580. [2011 c.568 §2; 2012 c.97 §28]

 

      418.578 Legislative findings. The Legislative Assembly finds that:

      (1) There is growing empirical evidence that severe trauma may result when children are removed from their families, and that this trauma may give rise to negative outcomes that last a lifetime, cause intergenerational patterns of addiction, abuse and neglect, and give rise to disrupted and broken families.

      (2) Improving permanency outcomes for children is best accomplished by providing services that allow children to remain with their families and in their homes when appropriate and safe.

      (3) Allowing families to remain intact while parents undergo mental health or addiction treatment, take steps to move out of poverty by obtaining employment and housing or receive family strengthening services preserves child-parent bonds with improved outcomes for children and families and positive long-term societal effects.

      (4) When placement in foster or substitute care outside the home must occur, this can be less traumatic and of shorter duration with the provision of family-focused treatment and services, and the provision of routine family contact and visitation as frequently as is appropriate. After children are returned to the family, they should receive continuing services to ensure safety and stabilization.

      (5) Children should receive continuing services sufficient to achieve stabilization after returning to the community.

      (6) A new systemwide model for providing child welfare services should be adopted that provides services and supports that have proved effective in keeping children safely with their parents, that reduces children’s risk of future entry into the criminal justice and child welfare systems, that lowers the risk of intergenerational abuse and that decreases the associated human and economic costs.

      (7) The efficacy of programs that allow families to remain together or that assist families with reunification has been demonstrated by pilot programs, including one that has operated in Jackson County since 2007 and other national best practice models.

      (8) Foster care savings that are reinvested can enhance and expand child welfare services.

      (9) Housing is essential to the safe reduction of the number of children in foster care. Partnerships between affordable housing providers and nonprofit service agencies must be formed where possible. Tenancy requirements and exclusion criteria related to criminal, credit and tenant histories, particularly when associated with substance abuse, must be reevaluated and modified where possible. [2011 c.568 §3]

 

      418.580 Strengthening, Preserving and Reunifying Families programs; implementation; contracts; services provided; rules; training; funding; annual report. (1) To the extent practicable using available resources, the Department of Human Services and county partners shall implement Strengthening, Preserving and Reunifying Families programs as described in this section. County partners are encouraged to form collaborations with programs to design, oversee and participate in program development and implementation as appropriate. The department shall be the lead agency in efforts undertaken pursuant to this section, but all officers, boards, commissions and other agencies of the State of Oregon shall cooperate with the department to accomplish the duties imposed on the department by ORS 418.575 to 418.598 and to allocate services provided by programs as described in this section.

      (2)(a) The Director of Human Services or the director’s designee, the Director of the Oregon Health Authority or the director’s designee or the Director of the Housing and Community Services Department or the director’s designee shall enter into a contract with, and make reasonable payment for services provided by, a program in accordance with ORS 418.575 to 418.598, and shall, where necessary, enter into contracts with a lead agency or with county and community entities that have been designated by the county partners to coordinate services provided under this section.

      (b) A contract entered into under this subsection shall require only those services that are reasonably available in the county or region where the program is or will be providing services. Services may or may not be located in a given county or region.

      (c) At the election of any director or director’s designee, a contract entered into under this subsection may be a performance-based contract.

      (3) The programs implemented under this section shall provide an array of services. Depending on resources and availability, the services provided may include but are not limited to the following:

      (a) Front end intervention services that include alcohol and drug treatment providers or mental health providers accompanying department caseworkers on initial calls and visits in response to allegations or reports of abuse or neglect. County partners shall participate in assessments to determine the appropriateness and level of program services required for a child and the child’s family, the creation of safety plans to enable the provision of in-home services if appropriate and the development of family preservation and reunification plans for presentation to the juvenile court.

      (b) Residential treatment whereby a member of a child’s family with care, custody or control of the child enters a treatment facility accompanied by the child with 24-hour supervision while the child and the member of the child’s family engage in family strengthening activities and receive appropriate mental health and addiction treatment support and services.

      (c) Supervised housing whereby a child and the child’s family remain together in program housing while they participate in family strengthening activities, receive mental health and addiction support and services and have the appropriate level of supervision to ensure the physical health, care and safety of the child.

      (d) Family-centered day and outpatient treatment services, either after completion of residential treatment or in lieu of residential treatment, designed specifically for substance-abusing parents of children involved in the child welfare system.

      (e) Intensive in-home services while the child and family engage in family strengthening activities.

      (f) Facilitation of regular contact between a child and the child’s family, if separation has occurred, to facilitate an easier, quicker and more successful transition of the child back into the family home.

      (g) Case managers who provide child and family supervision, assistance identifying and accessing needed services, observation and monitoring of parenting behavior, assistance with life skills development and assistance in removing barriers to system independence.

      (h) Immediate access to supervised drug-free emergency and short-term housing.

      (i) Access to permanent, drug-free housing with on-site case managers and access to supportive services that increase stability for a child and the child’s family.

      (j) Family finding services to identify extended family members to provide additional support, resources and alternative placement options if necessary.

      (k) Services of a court appointed special advocate appointed under ORS 419B.112 where available.

      (L) Other services and interventions as programs evolve, research develops and funding becomes available.

      (4) The services provided by programs must be culturally competent and include evidence-informed or evidence-based practices.

      (5) The department shall establish by rule client-focused functional outcome measures for programs implemented under this section.

      (6) Client-focused functional outcome measures may be used as a basis for funding programs and entering into or renewing contracts with programs.

      (7) Programs shall develop and implement training and continuing education curricula for persons delivering program services and, when adequate funding exists, sponsor the attendance of service providers at state or national training programs, conferences or other similar events.

      (8) Programs may seek funds from public and private sources to:

      (a) Meet match requirements for state or federal grants to support the provision of program services;

      (b) Implement and operate the training and educational requirements of subsection (7) of this section; and

      (c) Provide financial resources for the hiring of personnel and the provision of existing or enhanced program services.

      (9) The department, in consultation with programs, shall report annually to the Governor and the appropriate interim committees of the Legislative Assembly that address child welfare issues on the progress toward and projected costs of full implementation of ORS 418.575 to 418.598. [2011 c.568 §4; 2012 c.97 §29; 2013 c.1 §60]

 

      418.585 Strengthening, Preserving and Reunifying Families Program Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Strengthening, Preserving and Reunifying Families Program Fund. Interest earned by the Strengthening, Preserving and Reunifying Families Program Fund shall be credited to the fund. The fund consists of:

      (a) Moneys received by the Department of Human Services under ORS 418.590;

      (b) Amounts donated to the fund;

      (c) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

      (d) Investment earnings received on moneys in the fund; and

      (e) Other amounts deposited in the fund from any source.

      (2) Moneys in the fund are continuously appropriated to the Department of Human Services for the purposes of ORS 418.575 to 418.598.

      (3) Moneys in the fund supplement existing funds used for child welfare services and shall not be used in lieu of these existing funds. Other state agencies and entities shall continue to provide funds and services, including but not limited to housing, alcohol and drug treatment and mental health treatment as required under existing law.

      (4) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857.

      (5) The department may not expend more than 15 percent of moneys available in the fund for administrative costs and expenses of the department incurred in implementing ORS 418.575 to 418.598. [2011 c.568 §5]

 

      418.590 Waiver of federal requirements; plan for reinvesting savings and combining resources. (1) The Department of Human Services shall seek federal approval, renewal of an existing waiver of federal requirements or a new waiver of federal requirements as necessary to access federal savings that have accrued to the state as a result of a reduction in the cost of foster and substitute care for children in the legal custody of the department.

      (2) The department shall:

      (a) Create a plan for reinvesting federal savings into the provision of services through Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598; and

      (b) Combine state, federal and private resources to support implementation of a statewide system of programs at the local level as provided under ORS 418.575 to 418.598. [2011 c.568 §6]

 

      418.595 Placement and referral to program to be considered in reasonable or active efforts determination; written explanation. (1) In considering what constitutes reasonable or active efforts or whether reasonable or active efforts have been made under ORS 419B.185, 419B.337, 419B.340, 419B.470, 419B.476, 419B.498, 419B.645 or 419C.173, the Department of Human Services and the juvenile court shall consider whether placement of a child and referral of a child and the child’s family to a Strengthening, Preserving and Reunifying Families program is or was in the child’s best interests and the action most likely to prevent or eliminate the need for removal of the child from the child’s home or the action most likely to make it possible for the child to safely return home.

      (2) If the department or juvenile court determines that placement of the child and referral of the child and the child’s family to a program would not prevent or eliminate the need for removal of the child from the child’s home or be the action most likely to make it possible for the child to safely return home, the department shall, in any description or documentation of its reasonable or active efforts, include a written explanation of the reasons why the department did not believe the placement of the child and referral of the child and the child’s family to the program was in the child’s best interests and the course most likely to prevent placement or effect the return of the child to the child’s family. [2011 c.568 §7; 2020 s.s.1 c.14 §55]

 

      418.598 Rules. (1) The Department of Human Services shall adopt rules to implement the provisions of ORS 418.575 to 418.598.

      (2) Rules adopted by the department under subsection (1) of this section may not require reporting and compilation of data that exceed the minimum required for the department to comply with ORS 418.575 to 418.598 and federal laws or regulations. [2011 c.568 §8]

 

      418.605 [Formerly 419.352; repealed by 1971 c.401 §120]

 

OREGON FOSTER CHILDREN’S SIBLING BILL OF RIGHTS

 

      418.606 Definitions. As used in ORS 418.606 to 418.608:

      (1) “Foster child” means a child who is in the legal custody of the Department of Human Services pursuant to the provisions of ORS chapter 418 or 419B and who is placed in substitute care, including but not limited to care with a foster parent or a child-caring agency as defined in ORS 418.205.

      (2) “Sibling” has the meaning given that term in ORS 419A.004. [2017 c.36 §1]

 

      Note: 418.606 to 418.609 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.

 

      418.607 Legislative intent. It is the intent of the Legislative Assembly that siblings who are foster children have certain essential rights, including but not limited to the following:

      (1) To obtain substitute care placements together whenever safe and appropriate.

      (2) To maintain contact and visits with siblings while placed both in and out of substitute care placements, including contact by telephone and electronic communication, as safe and appropriate.

      (3) To be provided with transportation to maintain contact and have visits with siblings.

      (4) To be placed with foster parents and caseworkers who have been provided with training on the importance of sibling relationships.

      (5) To ensure that contact with siblings will be encouraged in any adoptive or guardianship placement, as safe and appropriate.

      (6) To have a sibling contact plan that has been developed as a result of the active engagement and participation of siblings and that is complied with as part of any substitute care placement.

      (7) To have more private or less restrictive communication with siblings as compared to communications with others who are not siblings, as safe and appropriate.

      (8) To be immediately and timely notified of placement changes or catastrophic events affecting a sibling, as safe and appropriate.

      (9) With respect to a foster child’s rights under this section:

      (a) To receive a document setting forth such rights as is age-appropriate and developmentally appropriate within 60 days of the date of any placement or any change in placement;

      (b) To have a document setting forth such rights that is age-appropriate and developmentally appropriate on each occasion that a foster child’s case plan is considered and reviewed;

      (c) To have access to a document setting forth such rights that is age-appropriate and developmentally appropriate at the residence of all foster parents and child-caring agencies; and

      (d) To be informed of such rights on at least an annual basis.

      (10) To be provided with an explanation in an age-appropriate manner as to why contact with a sibling is or has been denied or prohibited.

      (11) To have the rights under this section apply regardless of whether the parental rights of one or more of the foster child’s parents have been terminated, as safe and appropriate.

      (12) To request that the foster child’s attorney advocate on behalf of the foster child for contact and visits with siblings:

      (a) While the foster child is in foster care;

      (b) When the court is considering whether to order visitation between the foster child and the foster child’s siblings under ORS 419B.367; and

      (c) When decisions are made regarding post-adoption contact between the foster child and the foster child’s siblings. [2017 c.36 §2]

 

      Note: See note under 418.606.

 

      418.608 Oregon Foster Children’s Sibling Bill of Rights; rules. (1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Sibling Bill of Rights, specifying the rights of foster children who are siblings consistent with the provisions of ORS 418.607.

      (2) The department shall periodically review the rules establishing the Oregon Foster Children’s Sibling Bill of Rights to ensure that the bill of rights complies with the principles and requirements set forth in ORS 418.607. The department shall promote the participation of current and former foster children who had or have siblings in the development of the rules constituting the Oregon Foster Children’s Sibling Bill of Rights and the development of state foster care and child welfare policy. [2017 c.36 §3]

 

      Note: See note under 418.606.

 

      418.609 Applicability of Indian Child Welfare Act. Nothing in ORS 418.606 to 418.608 affects the application of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [2017 c.36 §4]

 

      Note: See note under 418.606.

 

      418.610 [Formerly 419.356; repealed by 1983 c.537 §7 and 1983 c.740 §142]

 

FOSTER HOMES NOT SUPERVISED BY CHILD-CARING AGENCIES

 

      418.625 Definitions for ORS 418.625 to 418.645. As used in ORS 418.625 to 418.645:

      (1) “Certificate” means a written approval to operate a foster home issued by the Department of Human Services on a form prescribed by the department that states the name of the foster parent, the address of the premises to which the certificate applies and the maximum number of children to be maintained or boarded in the foster home at any one time.

      (2) “Department” means the Department of Human Services.

      (3) “Foster home” means any home maintained by a person who has under the care of the person in the home any child under the age of 21 years unattended by the child’s parent or guardian, for the purpose of providing the child with care, food and lodging, but does not include:

      (a) Any boarding school that is essentially and primarily engaged in educational work;

      (b) Any home in which a child is provided board and room by a school board;

      (c) Any foster home under the direct supervision of a 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;

      (e) Any developmental disability child foster home as defined in ORS 443.830; or

      (f) Any home of a provider of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056. [Formerly 419.402; 1971 c.401 §44; 1975 c.267 §1; 1995 c.564 §1; 1997 c.130 §9; 2001 c.686 §4; 2001 c.900 §120; 2005 c.679 §2; 2007 c.801 §2; 2010 c.60 §3; 2016 c.106 §27]

 

      418.627 Placement consistent with the Indian Child Welfare Act. (1) 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.).

      (2) Certification of a foster home described in subsection (1) 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.

      (3) If subsection (1) or (2) 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; 2020 s.s.1 c.14 §24]

 

      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 and adoptive 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)(a) The department shall:

      (A) Provide training to assist the foster parent both in 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; and

      (B) Provide training to foster parents and prospective adoptive parents of a child in foster care regarding appropriate ethnic hair and skin care for children of African-American, Hispanic, Native American, Asian-American or multiracial descent.

      (b) The training under this subsection 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; 2011 c.692 §2]

 

      418.642 Confidentiality of information about person who maintains foster home; exceptions; rules. (1) Notwithstanding ORS 192.311 to 192.478, 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]

 

      418.644 Interference with disclosure of information; rules. (1) A foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the foster home, violations of licensing or certification requirements, criminal activity at the foster home, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the foster home to:

      (a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the foster home; or

      (b) A family member, guardian or other person who is acting on behalf of the child.

      (2) A foster home interferes with the disclosure of the information described in subsection (1) of this section by:

      (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

      (b) Training an employee or volunteer not to disclose the information; or

      (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.

      (3) The department may revoke or suspend the certificate of approval of a foster home that is found to have violated subsection (1) of this section.

      (4) The department shall adopt rules to carry out the provisions of this section.

      (5) This section does not authorize the disclosure of:

      (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or

      (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §13]

 

      418.645 Appeal from decision of department. Any person affected by any decision or order of the Department of Human Services made pursuant to ORS 418.625 to 418.645 may appeal therefrom to the Court of Appeals as provided in ORS 183.480 for the review of orders in contested cases. [Formerly 419.410; 1969 c.597 §256; 1971 c.401 §47; 1973 c.612 §18]

 

      418.647 Foster care payments. (1) With respect to any period for which federal funds are made available to this state in aid of a state-administered program of aid to any child defined in and meeting the requirements of this section, the Department of Human Services may provide foster care payments in behalf of a child in the foster home of any individual or in a child-caring agency who:

      (a) Is a needy child meeting the requirements of ORS 412.001 (3)(b)(A) or (B) who has been deprived of parental support or care by reason of the continued absence from the home, the physical or mental incapacity or the unemployment or underemployment of a parent or parents;

      (b) Would meet the requirements of ORS 412.006 except for the removal of the child from the home of a caretaker relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

      (c) Has been accepted for placement and care by the department;

      (d) Has been placed in a foster home or child-caring agency as a result of such determination; and

      (e) Received aid in or for the month in which court proceedings leading to such determination were initiated, or would have received such aid in or for such month if application had been made therefor, or in the case of a child who had been living with a caretaker relative as defined in ORS 412.001 within six months prior to the month in which such proceedings were initiated, would have received such aid in or for such month if in such month the child had been living with and removed from the home of such a relative and application had been made therefor.

      (2) As used in this section:

      (a) “Child-caring agency” has the meaning given that term in ORS 418.205.

      (b) “Foster home” means a foster home that is certified by this state or that has been approved, by the agency of this state responsible for the certification of foster homes, as meeting the standards established for such certification. [Formerly 418.070; 2016 c.106 §28]

 

      Note: 418.647 was added to and made a part of ORS chapter 418 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      418.648 Rights of foster parents. A foster parent has the right to:

      (1) Be treated with dignity, respect and trust as a member of a team, including respect for the family values and routines of the foster parent.

      (2) Be included as a valued member of a team that provides care and planning for a foster child placed in the home of the foster parent.

      (3) Receive support services, as resources permit, from the Department of Human Services that are designed to assist in the care of the foster child placed in the home of the foster parent.

      (4) Be informed of any condition that relates solely to a foster child placed in the home of the foster parent that may jeopardize the health or safety of the foster parent or other members of the home or alter the manner in which foster care should be provided to the foster child. The information shall include complete access to written reports, psychological evaluations and diagnoses that relate solely to a foster child placed in the home of the foster parent provided that confidential information given to a foster parent must be kept confidential by the foster parent, except as necessary to promote or to protect the health and welfare of the foster child and the community.

      (5) Have input into a permanency plan for a foster child placed in the home of the foster parent.

      (6) Receive assistance from the department in dealing with family loss and separation when the foster child leaves the home of the foster parent.

      (7) Be informed of all policies and procedures of the department that relate to the role of the foster parent.

      (8) Be informed of how to receive services and to have access to department personnel or service providers 24 hours a day, seven days a week.

      (9) Initiate an inactive referral status for a reasonable period of time, not to exceed 12 months, to allow a foster parent relief from caring for foster children.

      (10) Not be discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity, 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; 2007 c.100 §24; 2021 c.367 §21]

 

      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 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 a work ethic and increasing employability. [1987 c.326 §§1,2; 1991 c.581 §1; 2019 c.384 §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 Corps. Subject to the availability of funds, there is created within the Oregon Youth Employment Program established under ORS 660.353 an Oregon Youth 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 Higher Education Coordinating Commission. The program director shall operate the corps in consultation with the Oregon Youth Works Advisory Board created under ORS 660.320. [1987 c.326 §3; 1989 c.786 §6; 1991 c.581 §2; 1993 c.676 §43; 1999 c.71 §1; 2001 c.259 §2; 2015 c.366 §89; 2019 c.209 §1; 2021 c.674 §2; 2023 c.556 §2]

 

      Note: See note under 418.650.

 

      418.657 Duties of program director; participant eligibility; rules; staff. (1) In consultation with the Oregon Youth Works Advisory Board created under ORS 660.320 and the executive director of the Higher Education Coordinating Commission, or the designee of the executive director, the program director of the Oregon Youth 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 this 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 executive director, or the designee of the executive director, 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 or entering into contracts or other agreements with any local, state or federal agency, or with any private or public organization or tribal government, to utilize, pay for or support any service, material or property of any such entity, where such agreements are considered reasonable and necessary; and

      (c) Purchasing, contracting or making payment for necessary services, awards, equipment, materials and property where such are needed to carry out the projects approved for and undertaken by the corps.

      (3) The commission 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; 2013 c.747 §161; 2015 c.366 §90; 2019 c.209 §2; 2021 c.100 §14; 2023 c.556 §3]

 

      Note: See note under 418.650.

 

      418.658 Oregon Community Stewardship Corps; projects; tuition vouchers for program participants; sponsors; criteria; rules. (1) The program director of the Oregon Youth Corps shall establish within the Oregon Youth Employment Program established under ORS 660.353 a separate program known as the Oregon Community Stewardship Corps. In addition to the established purposes of the Oregon Youth 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 Higher Education Coordinating Commission, participants who successfully complete any program under this section shall be eligible for up to $1,500 in support vouchers that can be used to pay for tuition, books or other items or services that enhance and support education or employment.

      (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 Works Advisory Board created under ORS 660.320.

      (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 Innovation and Opportunity Act;

      (b) The provision of related educational and job training programs to participants, including but not limited to school and college coursework, training for approved high school equivalency tests such as the General Educational Development (GED), 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 board, 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; 2011 c.637 §269; 2012 c.104 §43; 2013 c.747 §160; 2015 c.366 §91; 2017 c.66 §23; 2017 c.185 §11; 2017 c.297 §32; 2019 c.209 §3; 2021 c.674 §3; 2023 c.556 §4]

 

      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;

      (p) Recycling projects; and

      (q) Garden, greenhouse and farming programs.

      (2) In consultation with the Oregon Youth Works Advisory Board created under ORS 660.320 and the executive director of the Higher Education Coordinating Commission, or the designee of the executive director, the program director of the Oregon Youth 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; 2015 c.366 §92; 2019 c.209 §4; 2023 c.556 §5]

 

      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 Corps. [1987 c.326 §9; 1991 c.581 §6; 1999 c.71 §5; 2019 c.209 §8]

 

      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]

 

      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]

 

GENERAL POLICY

 

      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 181A.230, 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, 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; 2011 c.547 §43]

 

      Note: See note under 418.691.

 

MISCELLANEOUS PROVISIONS

 

      418.702 Training and continuing education for mandatory reporters; notice to persons required to report child abuse. (1) The Department of Human Services shall implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of child abuse. The curriculum shall address the areas of training and education necessary to facilitate the skills necessary to investigate reports of child abuse and shall include but not be limited to:

      (a) Assessment of risk to the child;

      (b) Dynamics of child abuse, child sexual abuse and rape of children; and

      (c) Legally sound and age appropriate interview and investigatory techniques.

      (2) The Oregon State Bar and each board that licenses, certifies or registers public and private officials required to report child abuse under ORS 419B.010 shall identify those persons regulated by the board who in their official capacity have regular and on-going contact with children and shall notify those persons every two years of their duty to report child abuse. Such notice shall contain what the person is required to report and where such report shall be made and also advise of the symptoms to look for and provide a contact number for further information.

      (3) The department shall develop content of the notice for such a mailing. The cost of distribution shall be paid by the board.

      (4) The department shall develop and make available, at cost, training materials that may be used at training conferences and other similar events involving such public and private officials, as defined in ORS 419B.005. [Formerly 418.749]

 

      Note: 418.702 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      418.704 [Formerly 418.756; 2009 c.595 §363a; 2014 c.99 §§1,4; renumbered 418.731 in 2015]

 

      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 Oregon Health Authority. 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, technical assistance and support for identified individuals on county child abuse multidisciplinary 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 child abuse multidisciplinary 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; 2009 c.595 §363b; 2019 c.141 §15]

 

      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.

 

      418.708 Child’s savings account; establishment; capacity to contract; parental consent; liability of financial institution; monitoring of account. (1) The Legislative Assembly finds that a child who is 12 years of age or older and who is in the custody of the Department of Human Services should be entitled to assistance from the department to establish a savings account at a financial institution as defined in ORS 706.008 for the following reasons:

      (a) Access to such accounts prepares a child to become financially independent once the child is no longer in the custody, care or supervision of the department.

      (b) It is an important life lesson for a child to learn to save moneys for the future.

      (c) Providing children who are in the custody of the department with the opportunity to establish a savings account is an important step toward their fiscal maturity.

      (2)(a) The Department of Human Services shall, in accordance with rules adopted by the department, ensure that a child who is 12 years of age or older, of whom the department has had custody for a minimum of six consecutive months, is entitled to assistance from the department to establish a savings account at a financial institution as defined in ORS 706.008.

      (b) Nothing in this section authorizes the department to require that a financial institution establish an account for a child.

      (3) Notwithstanding any other provision of law, a child described in subsection (2) of this section may contract with a financial institution to establish a savings account for the purpose of depositing and saving moneys for the child’s sole use and benefit. The contract is binding upon the child and cannot be voided or disaffirmed by the child based upon the child’s age or status as a minor.

      (4) The consent of the child’s parent, guardian or foster parent, or of any other person having legal custody of the child, is not necessary to contract to establish a savings account under this section. The parent, guardian, foster parent or other person having legal custody of the child is not liable under a contract by the child for a savings account unless the parent, guardian, foster parent or person having legal custody of the child is a party to the child’s contract.

      (5) The parent, guardian, foster parent or other person having legal custody of the child is not entitled to be an account holder on a savings account established under this section, or to have access to information about or moneys in the account, without the written authorization of the child who established the account. The child’s signature on account documents that make the parent, guardian, foster parent or other person having legal custody of the child an account holder on the account or that grant the parent, guardian, foster parent or other person having legal custody of the child the right to have access to information about or moneys in the account, constitutes written authorization as required by this subsection.

      (6) A financial institution that establishes a savings account for a child under this section is not liable to any person for establishing the account or for permitting the child to make deposits to or withdrawals from the account. The financial institution may rely on the child’s signature on account documents when permitting the child to make deposits to and withdrawals from the account or to receive account statements and information about the account. The financial institution is not required to ensure that moneys paid out of the account are properly applied.

      (7) The Department of Human Services is entitled to monitor use of moneys in a child’s savings account established under this section when required to ensure continuation of receipt of state and federal benefits received by or on behalf of the child. The department shall adopt rules setting forth methods by which the department may monitor use of moneys in a child’s account for this purpose. [2015 c.471 §1]

 

      Note: 418.708 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, fiance, fiancee 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, fiance, fiancee 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, fiance, fiancee or dating partner of the current or former spouse, fiance, fiancee 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 192.705 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]

 

YOUTH SUICIDE INTERVENTION AND PREVENTION

 

      418.726 Youth Suicide Intervention and Prevention Advisory Committee. (1) There is created a Youth Suicide Intervention and Prevention Advisory Committee to advise the Oregon Health Authority on the development and administration of strategies to address suicide intervention and prevention for children and youth 5 through 24 years of age. The Director of the Oregon Health Authority shall appoint members of the advisory committee and members shall serve at the pleasure of the director. The authority shall provide staffing for the advisory committee.

      (2) The director shall ensure that advisory committee membership reflects the cultural, linguistic, geographic and economic diversity of this state. The members of the advisory committee must include, but need not be limited to:

      (a) Individuals who have survived suicide attempts;

      (b) Individuals who have lost friends or family members to suicide;

      (c) Individuals who have not attained 21 years of age;

      (d) Representatives of state agencies, including but not limited to the Department of Human Services, the Oregon Health Authority and the Department of Education, who provide services to individuals who have not attained 21 years of age;

      (e) Representatives of Oregon Indian tribes;

      (f) Representatives of colleges and universities;

      (g) Medical and behavioral treatment providers;

      (h) Representatives of hospitals and health systems;

      (i) Representatives of coordinated care organizations and private insurers;

      (j) Suicide prevention specialists; and

      (k) Representatives of members of the military and their families.

      (3) Members of the advisory committee other than members employed in full-time public service may be compensated for their services and may be reimbursed by the authority for the member’s actual and necessary expenses incurred in the performance of the member’s duties. Members of the advisory committee who are employed in full-time public service may be reimbursed by the member’s employing agency for the member’s actual and necessary expenses incurred in the performance of the member’s duties. Reimbursements under this subsection are subject to the provisions of ORS 292.210 to 292.288.

      (4) The advisory committee shall meet no less than once every three months.

      (5) The advisory committee may recommend potential members for appointment to the advisory committee.

      (6) The advisory committee shall consult with the Youth Suicide Intervention and Prevention Coordinator on updates to the Youth Suicide Intervention and Prevention Plan under ORS 418.733. [2019 c.341 §1; 2021 c.80 §1]

 

      Note: 418.726 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.

 

      418.730 [1961 c.621 §7; repealed by 1989 c.786 §13]

 

      418.731 Youth Suicide Intervention and Prevention Coordinator; duties. (1) As used in this section and ORS 418.733:

      (a) “Youth” means a person 5 through 24 years of age.

      (b) “Youth suicide” means a completed or attempted suicide by a person 5 through 24 years of age.

      (2) There is established a Youth Suicide Intervention and Prevention Coordinator within that part of the Oregon Health Authority that works with mental health and addiction issues. The coordinator shall:

      (a) Facilitate the development of a statewide strategic Youth Suicide Intervention and Prevention Plan to address youth suicide and youth self-inflicted injury, and develop strategies for intervention with suicidal, depressed and at-risk youth;

      (b) Improve outreach to special populations of youth that are at risk for suicide and self-inflicted injury;

      (c) Identify barriers to accessing intervention services for suicidal, depressed and at-risk youth; and

      (d) Provide technical assistance to state and local partners and coordinate interagency efforts to establish youth suicide and youth self-inflicted injury prevention and intervention strategies.

      (3) The coordinator shall review data and prepare an annual report to interim and regular committees of the Legislative Assembly with subject matter jurisdiction over child welfare, mental health and addiction issues, and to the Oregon Health Authority, regarding:

      (a) The number of emergency room admissions for completed and attempted youth suicides and incidents of youth self-inflicted injury;

      (b) The manner and method of completed and attempted youth suicides and incidents of youth self-inflicted injury;

      (c) The counties in which the completed and attempted suicides and self-injury incidents occurred;

      (d) The number of middle schools and high schools with completed youth suicides among the student body;

      (e) The number of completed youth suicides where the youth had previously been admitted to a hospital or emergency room for treatment of attempted youth suicide or self-inflicted injury or had been the subject of a request for intervention services related to depression, suicidal ideation or self-injury within the prior 12 months;

      (f) Demographic information regarding youth who completed or attempted youth suicide or who had self-injury incidents, including but not limited to:

      (A) Age;

      (B) Gender or gender identity;

      (C) Race;

      (D) Primary spoken language;

      (E) Sexual orientation;

      (F) The existence of any physical, mental, intellectual or emotional disability; and

      (G) Foster care status; and

      (g) Recommendations for administrative and legislative changes to address service gaps in youth suicide prevention, intervention and post-suicide activities, developed in consultation with the Youth Suicide Intervention and Prevention Advisory Committee established in ORS 418.726. [Formerly 418.704; 2019 c.341 §2; 2021 c.80 §2; 2021 c.367 §22]

 

      Note: 418.731 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.

 

      418.733 Updates to Youth Suicide Intervention and Prevention Plan; content. The Youth Suicide Intervention and Prevention Coordinator, in consultation with the Youth Suicide Intervention and Prevention Advisory Committee established in ORS 418.726, shall update the Youth Suicide Intervention and Prevention Plan under ORS 418.731 a minimum of once every five years. Updates must include, but are not limited to:

      (1) An assessment of current access to mental health intervention, treatment and support for depressed or suicidal youth, including affordability, timeliness, cultural appropriateness and availability of qualified providers;

      (2) Recommendations to improve access to appropriate mental health intervention, treatment and support for depressed or suicidal youth, including affordability, timeliness, cultural appropriateness and availability of qualified providers;

      (3) Recommendations for best practices to identify and intervene with youth who are depressed, suicidal or at risk for infliction of self-injury;

      (4) Recommendations for collaboration among schools, school-based health clinics and coordinated care organizations for school-based screening for depression and risk of suicide or infliction of self-injury among middle school and high school students;

      (5) Recommendations related to the use of social media and the Internet to provide opportunities for intervention and prevention of youth suicide and self-inflicted injury;

      (6) Recommendations regarding services and strategies to respond to schools and communities following a completed youth suicide;

      (7) Identification of intervention and prevention strategies used by other states with the five lowest rates of youth suicide and self-inflicted injuries; and

      (8) A comparison of Oregon’s youth suicide and self-inflicted injury rates with those of other states. [2014 c.99 §2; 2019 c.341 §3]

 

      Note: 418.733 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.

 

      418.735 Plan for communication among local mental health authorities regarding certain suicides; Oregon Health Authority notification; authority as resource; notice of death suspected to be suicide. (1) As used in this section:

      (a) “Cause of death” has the meaning given that term in ORS 146.003.

      (b) “Local mental health authority” has the meaning given that term in ORS 430.630.

      (c) “Manner of death” has the meaning given that term in ORS 146.003.

      (d) “Third-party notification” means notification from a source other than a patient in a program administered by the local mental health authority during the patient’s treatment.

      (e) “Urban Indian health program” means an urban Indian health program in this state that is operated by an urban Indian organization pursuant to 25 U.S.C. 1651 et seq.

      (2)(a) The Oregon Health Authority shall develop a plan for communication among local mental health authorities and local systems to improve notifications and information-sharing when an individual who is 24 years of age or younger dies and the manner of death is suspected to be suicide. The plan must address community suicide response and post-intervention efforts to address loss and the potential of contagion risk. The Oregon Health Authority shall collaborate with the following entities in developing and implementing the plan:

      (A) Public school districts;

      (B) Public universities listed in ORS 352.002;

      (C) Private post-secondary institutions of education;

      (D) Any facility that provides services or resources to runaway or homeless youth;

      (E) Federally recognized Oregon tribes; and

      (F) Urban Indian health programs.

      (b) The Oregon Health Authority shall develop a statewide post-intervention protocol to enable local mental health authorities to deploy uniform and effective post-intervention efforts. In developing the post-intervention protocol, the authority shall take into consideration the Youth Suicide Intervention and Prevention Plan developed by the Youth Suicide Intervention and Prevention Coordinator under ORS 418.731 and 418.733 and may consult with local mental health authorities, federally recognized Oregon tribes, urban Indian health programs, youth-serving entities, individuals with lived experience in suicide ideation, attempts and loss, medical examiners, colleges and universities and national experts in suicide post-intervention.

      (3) No later than 72 hours after receiving a third-party notification, including notice under ORS 146.100, of the death of an individual described in subsection (2)(a) of this section, if the deceased individual was not domiciled in the county where the death occurred, the local mental health authority shall provide notice of the death to the local mental health authority in the county where the deceased individual was domiciled.

      (4)(a) The local mental health authority in the county where an individual described in subsection (2)(a) of this section was domiciled may notify the local mental health authority in any other county in which the deceased individual had significant contacts, as described by the Oregon Health Authority by rule.

      (b) The local mental health authority in the county where an individual described in subsection (2)(a) of this section was domiciled shall provide notice of the death to the following local systems that had contact with the deceased individual:

      (A) The principal or superintendent of relevant area public schools, the principal of relevant area private schools or any public university listed in ORS 352.002 or private post-secondary institution of education the individual was attending at the time of the individual’s death;

      (B) The juvenile department;

      (C) Community developmental disabilities programs;

      (D) Local child welfare agencies;

      (E) Local substance use disorder programs;

      (F) Urban Indian health programs; or

      (G) Any other organization or person identified by the local mental health authority as necessary to receive notice to preserve the public health.

      (c) No later than seven days after receiving notice of the death of an individual described in subsection (2)(a) of this section, each local mental health authority in a county in which the deceased individual had significant contacts, as described by the Oregon Health Authority by rule, and any public school district, public university listed in ORS 352.002 or private post-secondary institution of education the individual was attending at the time of the individual’s death shall inform the Oregon Health Authority, in a manner and in a format determined by the authority, of activities implemented to support local entities and individuals affected by the suicide and to prevent the risk of contagion. The authority shall serve as a resource to the local mental health authorities and any public school district, public university listed in ORS 352.002 or private post-secondary institution of education the individual was attending at the time of the individual’s death as needed by the community.

      (5) The notifications described in subsections (3) and (4) of this section must contain the following information regarding the deceased individual to enable the local systems to deploy effective post-intervention efforts:

      (a) The name of the deceased individual;

      (b) The birth date of the deceased individual;

      (c) The date of death of the deceased individual;

      (d) The suspected manner of death;

      (e) A description of the cause of death; and

      (f) Any other information that the local mental health authority determines is necessary to preserve the public health and that is not otherwise protected from public disclosure by state or federal law. [2015 c.296 §1; 2019 c.178 §1; 2019 c.471 §1; 2021 c.185 §2]

 

      Note: 418.735 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.

 

      418.740 [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 child abuse multidisciplinary 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 child abuse multidisciplinary 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 children’s advocacy center or similar advocacy center in existence or proposed for the county; and

      (g) The extent to which funding a children’s advocacy 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 child abuse multidisciplinary 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 child abuse 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 children’s advocacy center and how the funding supports the center.

      (b) When submitting the intervention plan, the county child abuse multidisciplinary 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 child abuse multidisciplinary 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 child abuse multidisciplinary team. A county child abuse multidisciplinary team shall submit an annual report to the Child Abuse Multidisciplinary Intervention Program.

      (b) The annual report filed by the county child abuse multidisciplinary 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 child abuse multidisciplinary 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 child abuse multidisciplinary 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; 2019 c.141 §16]

 

      Note: 418.746 to 418.796 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      418.747 County teams for investigation; duties; training; method of investigation; designated medical professional. (1) The district attorney in each county shall be responsible for developing county child abuse multidisciplinary teams to consist of but not be limited to law enforcement personnel, Department of Human Services child protective service workers, school officials, local 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, including child sexual abuse, 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 329A.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, the dynamics of child abuse, child sexual abuse and rape of children, and forensic interviewing.

      (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 192.311 to 192.478.

      (8) Each team shall develop policies that provide for an independent review of investigation procedures of sensitive cases after completion of court actions on particular cases. The policies shall include independent citizen input. Parents of child abuse victims shall be notified of the review procedure.

      (9) Each team shall designate at least one physician, physician assistant or nurse practitioner who has been trained to conduct child abuse assessments, as defined in ORS 418.782, and who is, or who may designate another physician, physician assistant or nurse practitioner who is, regularly available to conduct the medical assessment described in ORS 419B.023.

      (10) If photographs are taken pursuant to ORS 419B.028, and if the team meets to discuss the case, the photographs shall be made available to each member of the team at the first meeting regarding the child’s case following the taking of the photographs.

      (11) No later than September 1, 2008, each team shall submit to the Department of Justice a written summary identifying the designated medical professional described in subsection (9) of this section. After that date, this information shall be included in each regular report to the Department of Justice.

      (12) If, after reasonable effort, the team is not able to identify a designated medical professional described in subsection (9) of this section, the team shall develop a written plan outlining the necessary steps, recruitment and training needed to make such a medical professional available to the children of the county. The team shall also develop a written strategy to ensure that each child in the county who is a suspected victim of child abuse will receive a medical assessment in compliance with ORS 419B.023. This strategy, and the estimated fiscal impact of any necessary recruitment and training, shall be submitted to the Department of Justice no later than September 1, 2008. This information shall be included in each regular report to the Department of Justice for each reporting period in which a team is not able to identify a designated medical professional described in subsection (9) of this section. [1989 c.998 §4; 1991 c.451 §1; 1993 c.622 §5; 1995 c.134 §1; 1997 c.703 §2; 2001 c.900 §121; 2003 c.354 §2; 2005 c.562 §6; 2007 c.674 §6; 2015 c.736 §63; 2017 c.356 §40; 2019 c.141 §17]

 

      Note: See note under 418.746.

 

      418.748 Statewide team on child abuse and suicide. (1) The Oregon Health Authority, in collaboration with 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; 2013 c.14 §8]

 

      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.

      (2)(a) The Department of Human Services shall provide trauma-informed training for employees within the department who are responsible for licensing, certifying or otherwise authorizing child-caring agencies and foster homes and for employees who investigate such agencies and homes. The training provided under this subsection must include the following:

      (A) Interview models and practices that are informed by policy, research and practice guidelines, with an emphasis on avoiding retraumatization by interview;

      (B) Recognizing characteristic signs and symptoms of child traumatic stress in children of different developmental ages and cultural backgrounds;

      (C) The impact of trauma on a child’s safety, permanency and well-being;

      (D) Using and administering trauma-informed assessment tools, instruments and practice strategies;

      (E) Collection of information on a child’s trauma history;

      (F) Techniques that promote children’s recovery and resiliency; and

      (G) Methods for improving placement stability by reducing the number of placements, shortening length of stays in care and reducing the number of placement moves.

      (b) Subject to the availability of funds, the Director of Human Services may extend trauma-informed training to other persons in the child welfare system including caseworkers, foster parents, parents, medical examiners and educators.

      (3) The Department of Human Services shall work to develop a written set of guidelines for trauma-informed practices for department employees who work with programs for children that can be shared with other entities, including but not limited to the Oregon Health Authority, the Oregon Youth Authority and the Board on Public Safety Standards and Training.

      (4) 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; 2012 c.37 §57; 2017 c.498 §1]

 

      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]

 

CHILDREN’S ADVOCACY CENTERS

 

      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 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 child abuse multidisciplinary 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 children’s advocacy centers and regional children’s advocacy centers in Oregon to ensure that every child referred to a center for concerns of neglect or abuse receives a skilled, complete and forensically sound child abuse assessment.

      (c) Sufficient coordination, expertise and support to provide training and technical assistance to county child abuse multidisciplinary teams. [1991 c.898 §1; 1993 c.33 §331; 1997 c.872 §32; 2001 c.624 §6; 2005 c.562 §4; 2019 c.141 §2]

 

      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 assessment” means services provided by a children’s advocacy center for the purpose of determining whether or not a child has been abused and identifying the appropriate treatment or referral for follow-up for the child. “Child abuse assessment” may include one or more of the following:

      (a) A medical assessment;

      (b) A forensic interview;

      (c) Care coordination; or

      (d) Family support.

      (3) “Children’s advocacy center” means a facility that meets the facility standards described in ORS 418.788, to which a child from the community may be referred to receive a thorough child abuse assessment for the purpose of determining whether the child has been abused or neglected, and that facilitates a coordinated, comprehensive and multidisciplinary response to cases of child abuse.

      (4) “Forensic interview” means an interview that is conducted by an individual who has completed training described in ORS 418.788 for the purpose of preserving a child’s statements and that is conducted in a manner that is legally sound, age appropriate, of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing.

      (5) “Medical assessment” means the taking of a child’s thorough medical history and a complete physical examination of the child, for the purpose of making a medical diagnosis, by or under the direction of an individual trained in the evaluation, diagnosis and treatment of child abuse who is a licensed physician, physician assistant or nurse practitioner.

      (6) “Regional children’s advocacy center” means a facility operated by a children’s advocacy center that meets the facility standards described in ORS 418.788 and is selected by the Child Abuse Multidisciplinary Intervention Program to provide training and complex case assistance.

      (7) “Training and complex case assistance” includes one or more of the following:

      (a) Consultation;

      (b) Education;

      (c) Referral;

      (d) Technical assistance; and

      (e) If authorized by the Department of Justice, other services as needed. [1991 c.898 §2; 1993 c.546 §105; 1993 c.622 §8; 1997 c.872 §33; 1997 c.873 §32; 2005 c.562 §10; 2019 c.141 §1]

 

      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 children’s advocacy centers or regional children’s advocacy 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 children’s advocacy 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; 2019 c.141 §18]

 

      Note: See note under 418.746.

 

      418.785 Child fatality review teams. (1) Each county child abuse multidisciplinary 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 local 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 child abuse multidisciplinary team;

      (c) All child fatalities where the child is less than 18 years of age and there is an autopsy performed by the medical examiner; and

      (d) Any specific cases recommended for local review by the statewide interdisciplinary team established under ORS 418.748.

      (4) A child fatality review team shall develop a written protocol for review of child fatalities. The protocol shall be designed to facilitate communication and the exchange of information between persons who perform autopsies and those professionals and agencies concerned with the prevention, investigation and treatment of child abuse and neglect.

      (5) Within the guidelines, and in a format, established by the statewide interdisciplinary team established under ORS 418.748, the child fatality review team shall provide the statewide interdisciplinary team with information regarding the categories of child fatalities described under subsection (3) of this section.

      (6) Upon the conclusion of a criminal case involving a child fatality, or upon the conclusion of a direct appeal if one is taken, the district attorney may submit a letter to the Governor and the Director of Human Services outlining recommendations for the systemic improvement of child abuse investigations. [2005 c.562 §20; 2007 c.674 §8; 2015 c.736 §64; 2019 c.141 §19]

 

      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 children’s advocacy centers and regional children’s advocacy centers, to support training and technical assistance efforts for county child abuse multidisciplinary teams and children’s advocacy centers and to provide coordination and support for the work of regional children’s advocacy centers. [1991 c.898 §4; 1993 c.33 §333; 1997 c.872 §35; 2001 c.624 §8; 2005 c.562 §11; 2019 c.141 §3]

 

      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 children’s advocacy centers or regional children’s advocacy centers.

      (2)(a) A public or private agency may apply to the administrator for a grant to:

      (A) Establish and maintain a children’s advocacy center or regional children’s advocacy center;

      (B) Provide training and technical assistance to children’s advocacy centers or county child abuse multidisciplinary teams; or

      (C) Provide coordination and support to regional children’s advocacy centers.

      (b) 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 children’s advocacy centers or regional children’s advocacy centers, including but not limited to:

      (a) Expenses eligible for reimbursement from funds under ORS 418.796;

      (b) The extent to which the applicant’s proposal 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:

      (A) Establish and maintain a children’s advocacy center or regional children’s advocacy center;

      (B) Provide training and technical assistance to children’s advocacy centers and county child abuse multidisciplinary teams; or

      (C) Provide coordination and support to regional children’s advocacy centers;

      (d) Minimum facility standards for children’s advocacy centers and regional children’s advocacy centers consistent with national accreditation standards to ensure that children receive consistent, evidence-based intervention services statewide;

      (e) Minimum forensic interview training standards that are consistent with national forensic interview training standards, evidence-based and supported by current forensic interview research; and

      (f) For a regional children’s advocacy center, the extent to which the applicant’s proposal meets the documented needs of the communities, children’s advocacy centers and county child abuse multidisciplinary 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; 2019 c.141 §4]

 

      Note: See note under 418.746.

 

      418.790 Application contents for regional centers; rules. Each application for funds to establish or maintain a regional children’s advocacy center or to provide training and technical assistance to children’s advocacy centers or county child abuse multidisciplinary teams shall include information required by the rules of the Department of Justice and any other information requested by the department. [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; 2009 c.296 §2; 2019 c.141 §5]

 

      Note: See note under 418.746.

 

      418.792 Application contents for children’s advocacy center. Each application for funds to establish and maintain a children’s advocacy 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 children’s advocacy center.

      (3) Evidence indicating the proposed children’s advocacy center has access to special equipment used in the evaluation of child abuse.

      (4) A description of where the children’s advocacy 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 may 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 children’s advocacy center through in-kind contributions from the community.

      (6) A description of procedures to be followed by the proposed children’s advocacy center, including the availability of personnel from the children’s advocacy 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; 2019 c.141 §20]

 

      Note: See note under 418.746.

 

      418.793 Report to Child Abuse Multidisciplinary Intervention Program; rules. Once each year, each recipient of a grant from the Child Abuse Multidisciplinary Intervention Program shall submit a report to the program describing how the grant recipient 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; 2019 c.141 §6]

 

      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 children’s advocacy center or the regional children’s advocacy 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; 2019 c.141 §21]

 

      Note: See note under 418.746.

 

      418.795 Confidentiality of information and records. (1) All information and records acquired by a county child abuse multidisciplinary 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 child abuse multidisciplinary 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 192.556. [2005 c.562 §19; 2019 c.141 §22]

 

      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 child abuse multidisciplinary 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 child abuse multidisciplinary 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 county child abuse multidisciplinary 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 county child abuse multidisciplinary 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 child abuse multidisciplinary team.

      (b) A district attorney and members of a county child abuse multidisciplinary 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 county child abuse multidisciplinary 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; 2019 c.141 §23]

 

      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.

 

CRITICAL INCIDENT REVIEW TEAMS

 

      418.804 Short title. ORS 418.806 to 418.816 and 419B.023 shall be known and may be cited as “Karly’s Law.” [Formerly 419B.022]

 

      Note: 418.804 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]

 

      418.806 Policy. (1) The purpose of the Critical Incident Review Teams under ORS 418.806 to 418.816 is to increase child safety by:

      (a) Rapidly drawing lessons from a particular critical incident for the improvement of systems administered by the Department of Human Services;

      (b) Increasing the department’s accountability to the public;

      (c) Evaluating and learning from cases designated as critical incidents;

      (d) Ensuring timely responses by the department with respect to critical incidents and recommendations that result from critical incident reviews; and

      (e) Increasing the department’s ability to address and recommend necessary changes to child welfare systems.

      (2) Reviews conducted by teams under ORS 418.806 to 418.816 are in addition to and separate from reviews conducted by county multidisciplinary child abuse teams formed under ORS 418.747, statewide interdisciplinary teams formed under ORS 418.748 and the department’s child welfare protocols regarding Notification and Review of Child Fatalities and Notification and Review of Sensitive Issues. [2019 c.555 §3]

 

      Note: 418.806 to 418.816 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.

 

      418.808 Critical incident. As used in ORS 418.806 to 418.816, “critical incident” means an incident that resulted in the death of a child if the Department of Human Services reasonably believes the death was the result of child abuse and:

      (1) The child was in the custody of the department at the time of death;

      (2) The child, the child’s sibling or any other child living in the household with the child was the subject of a child protective services assessment by the department within the 12 months preceding the fatality;

      (3) The child, the child’s sibling or any other child living in the household with the child had a pending child welfare or adoption case with the department within the 12 months preceding the fatality; or

      (4) The child, the child’s sibling or any other child living in the household with the child was the subject of a report of abuse or neglect made to the department or a law enforcement agency within the 12 months preceding the fatality, whether or not the report was closed at screening without an investigation being commenced. [2019 c.555 §2]

 

      Note: See note under 418.806.

 

      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]

 

      418.811 Team assignment and membership; rules. (1) When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team.

      (2) The department shall assign the team required under subsection (1) of this section no later than the earlier of:

      (a) Ten days after the department becomes aware of a fatality that the department reasonably believes is the result of child abuse; or

      (b) Seven days after the department causes an investigation under ORS 419B.020 to be made into the nature and cause of a fatality when the department reasonably believes the fatality is the result of child abuse.

      (3)(a) Members of the team shall include, at a minimum, the following:

      (A) The Director of Human Services or a deputy director of the department;

      (B) The lead department personnel responsible for the administration and oversight of the child welfare system within the department or the lead personnel’s deputy; and

      (C) The department personnel responsible for media and communications.

      (b) Members of the team may include:

      (A) Members of the public, appointed by the director, as appropriate;

      (B) A juvenile court judge appointed by the Chief Justice of the Supreme Court;

      (C) A member of a local citizen review board established under ORS 419A.090 whose service area does not include the location where the critical incident occurred; or

      (D) If the director determines it is appropriate to include one or more legislators as members of the team, up to one state Senator appointed by the President of the Senate and one state Representative appointed by the Speaker of the House of Representatives. A person is ineligible for appointment to a team under this subparagraph if the critical incident occurred in the person’s district, the person had prior contact with or knowledge of the deceased child or the deceased child’s family, or the person is a family member of any person associated with the case.

      (4)(a) During the course of its review of the case, the team may include or consult with the district attorney from the county in which the critical incident occurred.

      (b) All members of the team must attend meetings of the team in person, by telephone or by other two-way electronic communication device. A team member may not send a delegate to meetings of the team to appear on the member’s behalf. Notwithstanding the provisions of this paragraph, a meeting of the team may be convened and held even if one or more members are unable to attend the meeting.

      (5)(a) All information and records available to the department regarding the critical incident shall be provided to team members. Information and records under this subsection include, but are not limited to, medical records, hospital records, records maintained by any state, county or local agency, police investigative data, coroner or medical examiner investigative data and social services records, as necessary to complete a case review under this section.

      (b) Information and records provided to team members are confidential and may be disclosed only as necessary to carry out the purposes of the team’s case review.

      (6) In reviewing the case to which the team has been assigned, the team shall, with the assistance and cooperation of the department:

      (a) Review the case with the primary focus on the history of the safety and well-being of the child who was involved in the critical incident and any other children who may be impacted by the circumstances surrounding the critical incident.

      (b) Document and make a part of the record of the case review all team conclusions and decisions.

      (c) Complete the case review even if:

      (A) The team concludes that the critical incident was the result of the actions of one or more department employees or staff and that such actions were inconsistent with department policy or administrative rule; or

      (B) The department’s investigation into the critical incident results in a finding that the report of child abuse is unfounded or cannot be determined, as described in ORS 419B.026.

      (d) Prepare and submit the final report required under ORS 418.813.

      (7) If the team concludes that the critical incident involves personnel matters relevant to the department, the department shall refer the matters to the human resources or personnel divisions of the department.

      (8) The team may meet, upon conclusion of a criminal investigation or prosecution arising out of a child fatality to which the team was assigned for review, with members of law enforcement that investigated the child fatality or with the prosecuting attorneys who prosecuted the case for the purpose of reviewing the conclusions and recommendations of the team and the reports prepared and submitted by the team.

      (9) The department shall adopt rules necessary to carry out the provisions of ORS 418.806 to 418.816. The rules adopted by the department shall substantially conform with the department’s child welfare protocol regarding Notification and Review of Critical Incidents. [Formerly 419B.024]

 

      Note: See note under 418.806.

 

      418.813 Report. (1) Subject to subsection (2)(b) of this section, each Critical Incident Review Team assigned under ORS 418.811 shall submit a detailed, written final report to the Department of Human Services no later than the 100th day following the date the department assigned the team.

      (2)(a) Prior to publishing a final report under this section, the department shall take into consideration the following:

      (A) Whether publication of the report is likely to compromise an ongoing investigation of a law enforcement agency, after the team has communicated with and obtained agreement of appropriate law enforcement agency representatives and the district attorney;

      (B) Whether the report can be modified so as to permit publication of the report without compromising a law enforcement agency investigation; and

      (C) Whether, as determined by the team with the advice and consultation of the Director of Human Services, the public interest outweighs the potential consequences to a law enforcement agency investigation as provided in ORS 192.345 (3).

      (b) The director may extend the deadline for publication of the final report if the director determines that the report, even if modified, will compromise a law enforcement agency investigation and the public interest does not outweigh the potential consequences.

      (3) Each final report must include, to the extent determined, at a minimum:

      (a) A description of the critical incident.

      (b) The date of the critical incident.

      (c) The date the department first became aware of the fatality.

      (d) The date the department or a law enforcement agency caused an investigation to be made under ORS 419B.020 to determine the nature and cause of the fatality.

      (e) The date the findings in the case were entered under ORS 419B.026.

      (f) The date the department assigned the team.

      (g) The dates of, and number of members in attendance at, each meeting of the team.

      (h) Whether the director appointed members of the public to the team.

      (i) The date the team submitted the final report to the department.

      (j) A description of all department contacts with the deceased child regarding the critical incident, including contacts with the deceased child’s siblings or the deceased child’s parents, foster parents or other caretakers. The description of the department’s contacts under this paragraph must include a description of any relevant prior reports of abuse the department received involving the individuals identified in this paragraph. The description of relevant prior reports of abuse must include:

      (A) A summary of the specific nature of any allegations of abuse;

      (B) A summary of the assessment or investigation activities related to any allegations of abuse; and

      (C) The disposition of the reports, including whether the reports were assigned for assessment or investigation.

      (k) A description of any concerns the team has regarding actions taken or not taken by the department or law enforcement agencies in response to the critical incident or to the events that led to the critical incident.

      (L) Any recommendations for improvements in the administration and oversight of the child welfare system that are specific to the critical incident and any historical information reviewed by the team.

      (4) A final report under this section may include the team’s recommendations regarding training and intervention to support the department personnel involved in responding to critical incidents.

      (5) Each final report shall be written in a manner that respects the dignity of the child, the child’s family and those involved in the critical incident case. Details about individuals involved in the case may not be included in the report unless the details are relevant to:

      (a) The history of alleged abuse and neglect of the deceased child and the history of relevant alleged abuse and neglect of other children in the deceased child’s home at the time of the critical incident and the deceased child’s siblings.

      (b) The exposure of the deceased child or any other children in the deceased child’s home at the time of the critical incident to domestic violence or substance abuse.

      (c) The history of the department’s involvement with the family.

      (d) The goal of constructively informing public policy related to child welfare, which may include public policies related to health care coordination, public health, suicide prevention, mental health and addiction services, poverty, law enforcement, chronic neglect, prevention services or other issues that affect the safety and well-being of Oregon families.

      (6) A final report may not include the names of any person assigned to the team or any personally identifiable information regarding any person involved in the critical incident case, including but not limited to employees of the department, the Oregon Health Authority or law enforcement.

      (7) Any statements contained in a final report or document created solely for the critical incident review process that are or may be construed as an admission of error, liability or violation of law, policy or practice are not admissible as evidence in any civil or administrative proceeding. This restriction does not apply to any document that existed prior to its use and consideration in a critical incident review or that is created independently of the critical incident review process. [2019 c.555 §4]

 

      Note: See note under 418.806.

 

      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]

 

      418.816 Critical Incident Review Team website. (1) After assigning a Critical Incident Review Team under ORS 418.811, the Department of Human Services shall immediately make the following information regarding the critical incident available on the department’s website:

      (a) The date of the critical incident and the age of the deceased child.

      (b) Whether the child was in the custody of the department at the time of the critical incident or the fatality.

      (c) Whether there was an open abuse investigation under ORS 419B.020 regarding the child at the time of the critical incident or the fatality.

      (d) The date the department assigned the team.

      (e) The due date for the team’s final report under ORS 418.813.

      (2)(a) The department shall publish the final report on the department’s website no later than 10 days after the department receives the report from the team.

      (b) The department may redact the final report for purposes of publication only as necessary to remove any confidential information or records that may not be disclosed under state or federal law.

      (c) If the Director of Human Services delays the publication of a final report under ORS 418.813 (2)(b), the department shall publish on the department’s website:

      (A) The status of and expected publication date for the report.

      (B) Any information in the report that the department determines:

      (i) Will not compromise a law enforcement agency investigation.

      (ii) Does not require redaction under paragraph (b) of this subsection. [2019 c.555 §5]

 

      Note: See note under 418.806.

 

      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, sex, sexual orientation, gender identity, nationality, membership in a particular group or political opinion, or whose parents entered the United States within the preceding 10 years and are or were unwilling or unable to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexual orientation, gender identity, nationality, membership in a particular group or political opinion. [1985 c.358 §1; 2007 c.100 §25; 2021 c.367 §23]

 

      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, 419B.152, 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; 2019 c.594 §4]

 

      418.939 Record for refugee child; content. The Department of Human Services shall maintain a record for each refugee child in its care containing:

      (1) The name, age, former residence, legal status, health records, sex, race and accumulated length of time in foster care;

      (2) The name, former residence, health history and character of each genetic parent;

      (3) The date of reception, placing out and adoption of each child and the name, race, occupation and residence of the person with whom a child is placed;

      (4) The date of the removal of any child to another home and the reason for removal;

      (5) The date of termination of guardianship;

      (6) The history of each child until the child reaches 18 years of age, is legally adopted or is discharged according to law; and

      (7) Such other further demographic information as is required. [1985 c.358 §7]

 

      418.941 Refugee Child Welfare Advisory Committee; duties; access to juvenile records. (1) In cooperation with refugee community resources, the Department of Human Services shall establish a Refugee Child Welfare Advisory Committee. The department shall assist the committee in its required tasks.

      (2) The committee shall:

      (a) Assist in the review of the department’s implementation of ORS 418.925 to 418.945.

      (b) Assist in the identification, development and certification of foster family homes that meet the requirements of ORS 418.925 to 418.945 for the placement of refugee children. Special emphasis shall be placed on locating refugee homes.

      (c) Assist the department in developing training programs to insure the availability of culturally sensitive social work.

      (3) Notwithstanding the provisions of ORS 40.225 to 40.275, 412.074, 419A.255, 419B.035 and 419B.045, the committee shall have access to any records of the juvenile court which are pertinent to the care of an individual refugee child. [1985 c.358 §4; 1993 c.33 §362; 1993 c.546 §106]

 

      418.943 Annual report. The Department of Human Services shall publish annually a report on refugee children in its care. The report shall include, by county and statewide, information on legal status, living arrangement, age, sex, race, accumulated length of time in foster care and other demographic information deemed appropriate. The report shall also state the extent to which the department has complied with ORS 418.925 to 418.945 and shall include descriptions of the methods of compliance. [1985 c.358 §8]

 

      418.945 Rules. The Department of Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945. [1985 c.358 §10]

 

LOCAL RESIDENTIAL CHILD CARE FACILITIES

 

      418.950 Definitions for ORS 418.950 to 418.970. As used in ORS 418.950 to 418.970, unless the context requires otherwise:

      (1) “Agency” means any person or organization providing substitute residential care for an average daily population of eight or fewer children. “Agency” includes but is not limited to:

      (a) Child-caring agencies licensed, certified or otherwise authorized by the Department of Human Services under ORS 418.205 to 418.327;

      (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; 2016 c.106 §29]

 

      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]

 

      418.975 [2009 c.540 §1; 2011 c.720 §158; 2012 c.37 §58; 2013 c.623 §16; 2013 c.624 §33; repealed by 2019 c.616 §7]

 

SYSTEMS OF CARE

 

      418.976 Definitions for ORS 418.976 to 418.981. As used in ORS 418.976 to 418.981, unless the context requires otherwise:

      (1) “Agency of state government” has the meaning given that term in ORS 174.111.

      (2) “Cultural competence” means accepting and respecting diversity and differences in a continuous process of self-assessment and reflection on one’s personal and organizational perceptions of the dynamics of culture.

      (3) “Cultural responsiveness” means the process by which people and systems respond respectfully and effectively to individuals of all cultures, languages, classes, races, ethnic backgrounds, disabilities, religions, genders, gender identities, sexual orientations and other diversity factors in a manner that recognizes, affirms and values the worth of individuals, families and communities, and that protects and preserves the dignity of each.

      (4) “Family” includes, with respect to a youth:

      (a) A biological or legal parent;

      (b) A sibling;

      (c) An individual related by blood, marriage or adoption;

      (d) A foster parent;

      (e) A legal guardian;

      (f) A caregiver;

      (g) An individual with a significant social relationship with the youth;

      (h) Any person who provides support to the youth that the youth identifies as important; and

      (i) Any person identified by the youth as being family.

      (5) “Participating state agency” means a state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury and who:

      (a) Is identified by the System of Care Advisory Council as a provider of services and supports that are part of the state system of care; or

      (b) Provides services or resources to the council.

      (6) “Services and supports” means public, private and community resources that assist youth in the achievement of positive outcomes, including but not limited to education, child welfare, public health, primary care, pediatric care, juvenile justice, mental health treatment, substance use treatment and services for individuals with intellectual and developmental disabilities.

      (7) “System of care” means a coordinated network of services and supports to youth that:

      (a) Integrates care planning and management across multiple levels of care;

      (b) Recognizes disability as a natural and healthy part of the human experience;

      (c) Is culturally and linguistically competent;

      (d) Is designed to build meaningful partnerships with families and youth in the delivery and management of services and the development of policy;

      (e) Has a supportive policy and management infrastructure at the state and local levels; and

      (f) Is community-based with relationships at the local level.

      (8) “Youth” means an individual 25 years of age or younger who has, or is at increased risk of developing, chronic behavioral, emotional, physical or developmental conditions and is under the supervision of or engaged with two or more systems of care. [2019 c.616 §1; 2021 c.367 §24; 2021 c.670 §1]

 

      Note: 418.976 to 418.981 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.

 

      418.977 [2009 c.540 §2; repealed by 2019 c.616 §7]

 

      418.978 System of Care Advisory Council. (1) A commission known as the System of Care Advisory Council is established.

      (2) The council consists of 25 members appointed as follows:

      (a) The Chief Justice of the Supreme Court shall appoint one representative from the Judicial Department.

      (b) The Governor shall appoint:

      (A) Two members who are representatives of the Department of Human Services with extensive knowledge of systems of care, one of whom must have direct experience with intellectual and developmental disabilities programs.

      (B) One member who is a representative of the Oregon Youth Authority with extensive knowledge of systems of care.

      (C) One member who is a representative of the Oregon Health Authority with extensive knowledge of systems of care.

      (D) One member who is a representative of the Department of Education.

      (E) Two members who are representatives of coordinated care organizations meeting the criteria adopted by the Oregon Health Authority under ORS 414.572, at least one of which must provide services to rural communities.

      (F) One psychiatrist, one psychologist and one pediatric physician, each of whom must have clinical experience with youth.

      (G) One member who is a representative of an entity that offers commercial insurance.

      (H) Three members who are representatives of agencies that provide different services and supports to youth and families of youth.

      (I) One member who is a representative of organizations that advocate for youth.

      (J) One member who is a representative of organizations that advocate for families of youth.

      (K) Two members of the public, each of whom are family members of:

      (i) Persons with intellectual or developmental disabilities or mental illness; or

      (ii) Persons who are currently or were previously in the foster care system or the youth criminal justice system.

      (L) Two members of the public who are no more than 25 years of age at the time of appointment or reappointment and who:

      (i) Are persons with intellectual or developmental disabilities or mental illness; or

      (ii) Are currently or were previously a ward, youth or adjudicated youth, as those terms are defined in ORS 419A.004.

      (M) One member who is a county juvenile department director.

      (N) One member who is a county mental health program director.

      (O) One member who is a member of a federally recognized Indian tribe in this state or a designee of the Indian tribe.

      (P) One member who is a representative of Oregon’s federally mandated disability protection and advocacy agency.

      (3) The term of office of each member of the council is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, a successor shall be appointed whose term begins on January 2 next following. A member is eligible for reappointment to one additional term. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

      (4)(a) Members of the council who are not state employees are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council.

      (b) Notwithstanding paragraph (a) of this subsection, members of the council described in subsection (2)(b)(K) and (L) of this section may be reimbursed for travel and other reasonable expenses associated with serving on the council.

      (5) 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.

      (6) The Governor shall appoint one of the members as chairperson, to serve at the pleasure of the Governor. The members of the council shall elect from among themselves a vice chairperson who shall preside over meetings and exercise the functions of the chairperson during the absence or disability of the chairperson. The chairperson and the vice chairperson shall execute the duties determined by the council to be necessary.

      (7) The council shall appoint an executive director who shall be in the exempt service and who shall be responsible for the performance of duties assigned by the council. Subject to the State Personnel Relations Law, the executive director may employ appropriate staff to carry out the duties assigned by the council.

      (8) The council shall meet at least four times per year at a place, day and hour determined by the council.

      (9) A majority of the members of the council constitutes a quorum for the transaction of business. [2019 c.616 §2; 2021 c.489 §28; 2021 c.670 §2; 2023 c.293 §1]

 

      Note: See note under 418.976.

 

      418.979 Purpose; duties; rules. (1) The purpose of the System of Care Advisory Council is to improve the effectiveness and efficacy of state and local systems of care that provide services to youth by providing a centralized and impartial forum for statewide policy development and planning.

      (2) The primary duty of the council is to develop and maintain a state system of care policy and a comprehensive, long-range plan for a coordinated state system of care that encompasses public health, health systems, child welfare, education, juvenile justice and services and supports for mental and behavioral health and people with intellectual or developmental disabilities. The plan must include, but need not be limited to, recommendations regarding:

      (a) Capacity, utilization and types of state and local systems of care and services and supports;

      (b) Implementation of in-home behavioral health services, crisis and transition services, therapeutic foster care, in-home family support services and the integration of those services with existing programs of residential services for individuals with behavioral health needs and intellectual developmental disabilities;

      (c) Appropriate use of existing systems of care and services and supports;

      (d) Whether additional services and supports are necessary to address gaps in coverage;

      (e) Methods for assessing the effectiveness of systems of care and services and supports in reducing juvenile dependency or delinquency;

      (f) Methods of reducing risk of future juvenile dependency or delinquency;

      (g) The effective utilization of the local system of care governance structure;

      (h) Guidelines for partner agency core values and guiding principles; and

      (i) Guidelines that ensure cultural competence in the provision of services and supports by:

      (A) Implementing uniform standards to allow local system of care teams to describe the culturally responsive services and supports available in a system of care.

      (B) Providing youth and families with understandable and effective system of care services in a manner compatible with their disabilities, cultural beliefs and practices, literacy skills and language.

      (C) Developing and implementing a process to review practices accepted by diverse communities.

      (D) Identifying ways to continually improve culturally competent system of care services and implementing a statewide system of care that reflects culturally competent practices.

      (3) Other duties of the council are to:

      (a) Conduct joint studies on any matter within the jurisdiction of the council by agreement with the Oregon Youth Authority, the Department of Human Services, the Oregon Health Authority, the Department of Education, coordinated care organizations and any other state agencies, boards or commissions;

      (b) Provide oversight of the implementation of the services described in subsection (2)(b) of this section by the Oregon Health Authority, the Oregon Youth Authority and the Department of Human Services and to provide periodic updates on the agencies’ implementation to the Legislative Assembly;

      (c) Provide recommendations to the Director of the Oregon Health Authority, the Director of the Oregon Youth Authority, the Deputy Superintendent of Public Instruction and the Director of Human Services as necessary for the agencies to maintain and strengthen the systems of care;

      (d) Make recommendations to the Director of the Oregon Health Authority, the Director of the Oregon Youth Authority, the Deputy Superintendent of Public Instruction and the Director of Human Services to reduce barriers to implementation of systems of care;

      (e) Continually monitor and update the Children’s System Data Dashboard described in ORS 418.981, with a specific focus on the number of youth placed in hotels, out-of-state placements, emergency department boarding, congregate care facilities, shelter care or Oregon Youth Authority custody; and

      (f) Award grants from funds appropriated by the Legislative Assembly to the council or from funds otherwise available from any other source, for the purpose of supporting local system of care governance and for carrying out the recommendations in the council’s plan developed under subsection (2) of this section.

      (4)(a) On or before January 1 of every fourth year, the council shall update its plan under subsection (2) of this section and submit the plan to an interim committee of the Legislative Assembly related to youth, and to the Governor.

      (b) On or before September 15 of each year, the council shall submit a report in the manner provided in ORS 192.245 to an interim committee of the Legislative Assembly related to youth, and to the Governor, describing how the council is meeting its goals and any remaining barriers to access to services and supports. The report may include recommendations for legislation, including recommendations for changes to the council structure, composition and operating processes.

      (c) On or before December 31 of each odd-numbered year, the council, the Department of Human Services and the Oregon Health Authority shall submit a joint report in the manner described in ORS 192.245 to an interim committee of the Legislative Assembly related to youth, describing moneys appropriated to or otherwise made available to the department, the authority or the council in the preceding biennium for the purpose of providing, or providing access to, the services and supports described in subsection (2)(b) of this section. The report must include an accounting of the expenditures made by the department, the authority and the council and of any moneys remaining unspent at the close of the biennium.

      (5) The council may:

      (a) Apply for and receive gifts and grants from any public or private source.

      (b) Submit proposals for legislative measures at the time and in the manner prescribed in ORS 171.130 and 171.133.

      (c) Adopt rules to carry out the provisions of this section.

      (6) The council shall submit an agency request budget at the time and in the manner prescribed under ORS 291.208.

      (7)(a) All agencies of state government are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the council consider necessary to perform the duties of the council.

      (b) At the council’s request, a participating state agency shall provide the council with the agency’s proposed budget form, prior to the agency’s submission of the form to the Oregon Department of Administrative Services under ORS 291.208, for the council’s review. The council may make recommendations to the agency or, if appropriate, the department regarding the agency’s proposed expenditures for services and supports necessary to implement the council’s policy recommendations under this section.

      (8) The council and participating state agencies shall, where applicable, enter into interagency agreements to:

      (a) Provide staff and resources to assist the council in carrying out the council’s duties;

      (b) Share computer systems and technologies, to the extent allowed by law;

      (c) Collect and analyze data related to the state system of care and the performance of the council’s duties; or

      (d) Investigate the effectiveness of the council’s proposals and recommendations under this section.

      (9) Moneys that are appropriated to or otherwise made available to the council or the Oregon Health Authority for the purpose of supporting the duties of the council may not be expended except as directed by the council. [2019 c.616 §3; 2021 c.670 §3; 2023 c.293 §2]

 

      Note: See note under 418.976.

 

      Note: Section 3, chapter 293, Oregon Laws 2023, provides:

      Sec. 3. The System of Care Advisory Council shall first update the plan described in ORS 418.979 (2) and submit the plan required under ORS 418.979 (4)(a) no later than January 1, 2026, and January 1 of every fourth year thereafter. [2023 c.293 §3]

 

      418.980 [2009 c.540 §3; repealed by 2019 c.616 §7]

 

      418.981 Children’s System Data Dashboard; rules. (1) The System of Care Advisory Council shall maintain the Children’s System Data Dashboard, which must include, at a minimum, the following local and statewide data:

      (a) The number of children under 21 years of age, wards, youths and adjudicated youths being served by the Oregon Youth Authority, the Oregon Health Authority and the Department of Human Services;

      (b) The number of children, wards, youths and adjudicated youths identified in this section who are currently living in each of the following situations:

      (A) At home;

      (B) In substitute care; or

      (C) In specific placement;

      (c) The number of children, wards, youths and adjudicated youths identified in this section who were previously identified as being in danger of removal but who have been able to remain in their homes;

      (d) The number of children, wards, youths and adjudicated youths identified in this section who are living in hotels, out-of-state placements, congregate care facilities, shelter care or emergency department boarding;

      (e) The length of time the children, wards, youths and adjudicated youths identified in this section have been waiting to access services or appropriate placements; and

      (f) Outcomes of services that are provided to children, wards, youths and adjudicated youths by the Oregon Youth Authority, the Oregon Health Authority and the Department of Human Services.

      (2) Notwithstanding ORS 418.976, as used in this section, the terms “wards,” “youth” and “adjudicated youths” have the meanings given those terms in ORS 419A.004.

      (3) The System of Care Advisory Council may adopt rules to carry out the provisions of this section. [2019 c.616 §4; 2021 c.489 §29]

 

      Note: See note under 418.976.

 

      418.982 [2009 c.540 §4; repealed by 2019 c.616 §7]

 

      418.983 System of Care Account. (1) The System of Care Account is established in the State Treasury, separate and distinct from the General Fund. All moneys deposited in the account are continuously appropriated to the Oregon Health Authority for the purpose of supporting the duties of the System of Care Advisory Council established under ORS 418.978, as directed by the council.

      (2) The authority may not expend moneys that are appropriated to or otherwise made available to the authority under this section except as directed by the council. [2019 c.616 §5; 2021 c.670 §4]

 

      Note: 418.983 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.

 

      418.984 Interdisciplinary assessment teams. (1) The Department of Human Services, the Oregon Health Authority and the Oregon Youth Authority may contract with public or private providers to establish interdisciplinary assessment teams to provide services to youth.

      (2) An interdisciplinary assessment team shall:

      (a) Provide evaluation of youth.

      (b) Increase statewide education, consultation and telemedicine evaluation, assessment and treatment capacity, with specific emphasis on increasing access to psychiatric and developmental assessments in communities that lack sufficient access to providers.

      (c) Prioritize evaluation, assessment and stabilization services provided to youth who are placed in hotels, in out-of-state facilities, in emergency department boarding, in shelter care, in institutional care, in county detention facilities or in the custody of the Oregon Youth Authority.

      (3) The Oregon Health Authority, in consultation with the Department of Human Services and the Oregon Youth Authority, shall establish criteria for proposals for contracts under this section, prepare and publish requests for proposals, receive proposals and award contracts to eligible providers.

      (4) As used in this section, “system of care” and “youth” have the meanings given those terms in ORS 418.976. [2019 c.616 §8]

 

      Note: 418.984 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.

 

      418.985 [2009 c.540 §5; 2011 c.720 §159; repealed by 2019 c.616 §7]

 

PENALTIES

 

      418.990 Criminal penalties. (1) A person who violates ORS 418.255, 418.290 or 418.300 commits a Class D violation.

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

      (3) Violation of ORS 418.215, 418.250 or 418.327 (4) is a Class A misdemeanor. Each day of violation is a separate offense. [Formerly part of 419.990; subsection (2) enacted as 1961 c.341 §3; subsection (5) enacted as 1969 c.641 §20; subsection (6) enacted as 1971 c.451 §8; subsection (7) enacted as 1973 c.306 §3; 1975 c.644 §12; 1977 c.232 §2; 1983 c.510 §16; 1985 c.723 §3; 1987 c.94 §134; 1987 c.794 §5; 1993 c.546 §107; part renumbered 657A.990 in 1993; 1999 c.1051 §178; subsection (1) renumbered 412.991 in 2007; 2016 c.106 §30]

 

      418.991 Penalty for interference with disclosure of information. In addition to any other liability or penalty provided by law, the Director of Human Services shall impose a civil penalty on a foster home, as defined in ORS 418.625, that violates ORS 418.644. A civil penalty under this section is $500 for each violation and shall be imposed as provided in ORS 183.745. [2019 c.381 §14]

 

      Note: 418.991 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.

 

      418.992 Civil penalty; rules. (1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty:

      (a) On a child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 for any of the following:

      (A) Violation of any of the terms or conditions of a license, certificate or other authorization issued under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.

      (B) Violation of any rule adopted by, or general order of, the Department of Human Services that pertains to a child-caring agency.

      (C) Violation of any final order of the director that pertains specifically to the child-caring agency.

      (D) Violation of the requirement to have a license, certificate or other authorization under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.

      (b) On a secure transportation services provider, as defined in ORS 418.241, that violates the disclosure requirement described in ORS 418.241.

      (2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents or financial statements or for causing another person to do so.

      (3) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring facility that assumes care or custody of, or provides care or services to, a child knowing that the child’s care needs exceed the license, certificate or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places that child’s health, safety or welfare at risk.

      (4) Unless the health, safety or welfare of a child is at risk, the director in every case shall prescribe a reasonable time for elimination of a violation:

      (a) Not to exceed 45 days after first notice of a violation; or

      (b) In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the director.

      (5) 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.

      (6) The department shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under ORS 418.992 to 418.998. [1983 c.510 §23; 2007 c.71 §109; 2016 c.106 §31; 2022 c.90 §17]

 

      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 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; 2016 c.106 §32]

 

      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 ORS 418.992, the Director of Human Services shall consider the following factors:

      (1) The past history of the 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 child-caring agencies.

      (3) The economic and financial conditions of the child-caring agency incurring the penalty.

      (4) The immediacy and extent to which the violation threatens or places at risk the health, safety and well-being of the children. [1983 c.510 §26; 2016 c.106 §33]

 

      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. (1) Except as provided in subsection (2) of this section, all penalties recovered under ORS 418.992 to 418.998 shall be paid into the State Treasury and credited to the General Fund.

      (2) All penalties recovered under ORS 418.992 to 418.998 for violations of any provision of ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 shall be paid to the Department of Human Services to be paid into the State Treasury and credited to the Child-Caring Agencies Account. [1983 c.510 §29; 2009 c.846 §3; 2016 c.106 §34; 2021 c.193 §2]

 

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