Chapter 418 — Child Welfare Services

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.

418.003 [1973 c.463 §§2,3; repealed by 2001 c.900 §261]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

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: Make all necessary rules and regulations for administering child welfare services under this section. Accept and disburse any and all feder…

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.

418.015 Custody and care of needy children by department

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. The department shall accept any child placed in its custody by a court under, b…

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

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: All persons who…

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

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: Is 60 days of age or younger as determined to a reasonable degree of medical certainty; and Has no evidence of abuse. A parent leaving an infant under this section i…

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

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. 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 subsect…

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 what…

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

The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may: 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 ca…

418.027 Agreements for custody, care or treatment; rules

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 pla…

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 pa…

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

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 t…

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 findin…

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

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 loca…

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 must be disaggregated by race, cover the prior 24-month period and include, but need not be limited to: The number of children in foster care; …

418.039 Policy on prohibited disqualifications of child welfare services providers

It is the policy of this state that an individual may not be disqualified from providing child welfare services to a child or ward: For the sole reason that the individual received child welfare services as a child or youth; For the sole reason that the individual is a person with a disability; or On the basis of race, religion, national origin, sex, age,…

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

The Governor’s Child Foster Care Advisory Commission is established. The commission consists of 13 members appointed by the Governor. 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. The term of office of each mem…

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

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: Current or former foster parents and current or former foster children; Family members of individuals described in paragraph (a) of this subsection; Biologi…

418.044 Functions and duties of commission; rules

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…

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

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…

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 est…

418.190 Centralized child abuse reporting system

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. 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…

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

As used in this section: “Foster care” has the meaning given that term in ORS 339.133. “Visitation” does not include medical appointments, court appearances or interviews with law enforcement or the Department of Human Services. When scheduling visitations for a child in foster care, the department must, to the extent practicable, schedule the visitations…

418.195 [1985 c.549 §5; 1999 c.1084 §44; repealed by 1999 c.1084 §56]

(Personal Effects)

418.196 Transportation of foster child’s personal effects

The Department of Human Services shall procure, distribute and maintain an inventory of appropriate 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. The department may not use trash bags to transport a foster…

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…

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: 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 wit…

418.202 Oregon Foster Children’s Bill of Rights; rules

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. 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 pr…

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…

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: “Child” means an unmarried person under 21 years of age who resides in or receives care or services from a child-caring agency. “Child-caring agency” means: Any private school, private agency, private organization…

418.210 Application of ORS 418.205 to 418.327

ORS 418.205 to 418.327 shall not apply to: Homes established and maintained by fraternal organizations wherein only members, their spouses and surviving spouses in marriages and children are admitted as residents; Any foster home that is subject to ORS 418.625 to 418.645; Any child care facility that is subject to ORS 329A.030 and 329A.250 to 329A.450; A…

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

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…

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

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 author…

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

As used in this section: “Certified foster home” means a foster home certified by the Department of Human Services and subject to ORS 418.625 to 418.645. “Child-caring agency” has the meaning given that term under ORS 418.205. “Developmental disabilities residential facility” means a residential facility or foster home for children who are 17 years of age…

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

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…

418.248 Certification of proctor foster homes; rules

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 Orego…

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 c…

418.255 Inspection and supervision; training; rules

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. 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 be…

418.256 Interference with disclosure of information; rules

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 …

418.257 Definitions for ORS 418.257 to 418.259

As used in ORS 418.257 to 418.259: “Abuse” means one or more of the following: 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. Neglect of a child in care. Abandonment, including desertion or willful forsaking of a child in care or the withdrawal or n…

418.258 Report of suspected abuse; notifications; investigation

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 des…

418.259 Investigation of suspected abuse; findings; notifications; reports

The investigation conducted by the Department of Human Services under ORS 418.258 must result in one of the following findings: 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. That the report is unsubstantiated. A report is unsubstantiated when there is no evi…

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

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 d…

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

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-ca…

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 conti…

418.265 Reports; audit

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.…

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

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 t…

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

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. The child-caring agency may retain a child released, surrendered or committed to the agency in institutional care, or may place t…

418.280 Placement of children

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. In placing…

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.

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.

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

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. No employee of the Department of Human Services shall recommend any attorney to serve as coun…

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.

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.

418.305 Access to child receiving care or services

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. The child-caring agency shall permit immediate access to a child receiving care or services…

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.

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

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 …

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.

418.312 When transfer of custody not required; voluntary placement of children; judicial review of placement

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 s…

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

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. 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…

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.

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 a…

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 …

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

Subject to ORS 418.322, the Department of Human Services may place a child in an out-of-state child-caring agency only if: 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; The department ha…

418.322 Placement in congregate care residential setting; limitations

As used in this section: “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). “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing or soliciting of a person under 18 years of age fo…

418.323 Qualified residential treatment program; rules

A program is a qualified residential treatment program if it: 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 behavio…

418.324 Independent assessment

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. The assessment described in this section may occur prior to the child’s or ward’s placement in the program, but shall occur…

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

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 inter…

418.327 Licensing of private residential boarding schools; fees

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 t…

418.330 Payments to adoptive parents or guardians; conditions; limitations

As used in this section: “Child” means: A person under 18 years of age; 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 A person who has attained 18 years of age and: On whose behalf payments under this section were received…

418.335 Determination of eligibility for payments; review; hearing

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. 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 p…

418.340 Rules

The Department of Human Services shall make all necessary rules for payments to subsidize adoptions or guardianships.

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

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 …

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: “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. “Placement information” means any information a person collects from …

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

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

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 description of the residential care referral to be provided by the referral agent, including: The…

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

A person may not provide a residential care referral unless the person is registered with the Department of Human Services under this section. 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. A registration issued under this sec…

418.358 [1989 c.306 §9; 1993 c.344 §28; renumbered 657A.180 in 1993]

418.359 Referrals to secure transportation services providers; disclosure

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 …

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

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. The services, pursuant to specific prior authorization of the department, shall be deemed actually rende…

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. INDEPENDENT…

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

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: Are at least 16 years of age and not older than 20 years of age; Have been placed in at least one substitute care resource; Have been determined by the department to pos…

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 an unmarried parent who gave birth to a child and the child and such other care and servi…

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 prog…

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.

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

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 …

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 f…

418.503 Biennial reports regarding foster child care compensation

As used in this section, “cost to raise a child” means the amount a family will spend per child as estimated in the most recent United States Department of Agriculture report on Expenditures on Children by Families, adjusted for inflation. Not later than July 1 of each even-numbered year, the Department of Human Services shall report to the relevant interim…

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

As used in this section: “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 follo…

418.519 Definitions for ORS 418.519 to 418.532

As used in ORS 418.519 to 418.532: “Certified foster home” means a foster home subject to ORS 418.625 to 418.645. “Chemical restraint” means a drug or medication that is administered to a child in care to control behavior or restrict freedom of movement. “Child-caring agency” has the meaning given that term in ORS 418.205. “Child in care” has the meaning…

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

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 fost…

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

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 interve…

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

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. A program shall maintain a record of each incident in which a reportable injury arises from the use of a restraint or involun…

418.528 Quarterly reports; public access to reports; notices

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: The total number of incidents involving restraint. The total number of incidents involving involuntary seclusion. The total number of invo…

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

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. The department shall designate two or three nationally recognized providers of crisis intervention training that meet the department’s trainin…

418.530 [Formerly 419.262; repealed by 1989 c.41 §2]

418.532 Notices to children in care

Each child in care receiving services from a child-caring agency must be provided with information that: Explains the provisions of ORS 418.519 to 418.532; Provides instruction regarding how a child in care may report suspected inappropriate use of restraint or involuntary seclusion; Assures the child in care that the child will not experience retaliation…

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: “Child” means a child who qualifies for child welfare services provided by the Department of Human Services. “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 measure…

418.578 Legislative findings

The Legislative Assembly finds that: 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. Improving perman…

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

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 a…

418.585 Strengthening, Preserving and Reunifying Families Program Fund

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: Moneys received by the Department of Human Services under ORS 4…

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

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. The departm…

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

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 …

418.598 Rules

The Department of Human Services shall adopt rules to implement the provisions of ORS 418.575 to 418.598. 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.

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: “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. “Sibling” has the meaning given…

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: To obtain substitute care placements together whenever safe and appropriate. To maintain contact and visits with siblings while placed both in and out of substitute care placements, including contact …

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

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. The department shall periodically review the rules establishing the Oregon Foster Children’s Sibling Bill of Rights to ensure that the bi…

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.). 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: “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 fost…

418.627 Placement consistent with the Indian Child Welfare Act

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.). Certification of a foster home descr…

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.

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…

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

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. The department shall: Provide training to assist the foster parent both in understanding the me…

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

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. 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…

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.

418.644 Interference with disclosure of information; rules

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…

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.

418.647 Foster care payments

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: Is…

418.648 Rights of foster parents

A foster parent has the right to: 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. 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. Receive support services, as resources permit, fr…

418.650 [1987 c.326 §§1,2; 1991 c.581 §1; 2019 c.384 §1; renumbered 660.450 in 2025]

418.653 [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; renumbered 660.453 in 2025]

418.657 [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; renumbered 660.457 in 2025]

418.658 [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; renumbered 660.458 in 2025]

418.660 [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; renumbered 660.460 in 2025]

418.663 [1987 c.326 §9; 1991 c.581 §6; 1999 c.71 §5; 2019 c.209 §8; renumbered 660.463 in 2025]

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 behal…

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.

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.

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.

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: “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. “Youth sports activity” does not include any activity operated by a school district or public charter school. “Youth sports provider” means any person…

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: 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; Complete a crimin…

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. Note: See note under 418.691.

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

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 …

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

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…

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 OR…

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

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: Access to such accounts prepares a child to become financ…

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: The deceased was the victim of a homicide committed by a current or former spouse, fiance, fiancee or dating partner; The deceased was the victim of a suicide and there is evidence that the suicide is related to previous domestic violence; The deceased was the perp…

418.714 Domestic violence fatality review teams

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 coordina…

418.715 [1961 c.621 §§2,5; repealed by 1989 c.786 §13]

418.718 Statewide team

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. The statewide interdisciplinary team may recommend specific cases to a local multidisciplinary domestic violence fat…

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

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 a…

418.730 [1961 c.621 §7; repealed by 1989 c.786 §13]

418.731 Youth Suicide Intervention and Prevention Coordinator; duties

As used in this section and ORS 418.733: “Youth” means a person 5 through 24 years of age. “Youth suicide” means a completed or attempted suicide by a person 5 through 24 years of age. 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 iss…

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: An assessment of curre…

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

As used in this section: “Cause of death” has the meaning given that term in ORS 146.003. “Local mental health authority” has the meaning given that term in ORS 430.630. “Manner of death” has the meaning given that term in ORS 146.003. “Third-party notification” means notification from a source other than a patient in a program administered by the local …

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

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. The Child Abuse Multidisciplina…

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

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 wit…

418.748 Statewide team on child abuse and suicide

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. The statewide interdisciplinary team may recommend…

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

The Department of Human Services, as provided in ORS 418.702, and the Department of Justice shall ensure that training and education are provided for persons, other than law enforcement officers, who are required to investigate allegations of child abuse. The Department of Human Services shall provide trauma-informed training for employees within the depart…

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

The Legislative Assembly recognizes that: Protection of the child is of primary importance. 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 …

418.782 Definitions for ORS 418.746 to 418.801

As used in ORS 418.746 to 418.801: “Child abuse” means “abuse” as defined by ORS 419B.005. “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 incl…

418.783 Child Abuse Multidisciplinary Intervention Program

The Child Abuse Multidisciplinary Intervention Program is established in the Department of Justice. The purpose of the program is to: Establish and maintain a coordinated multidisciplinary community-based system for responding to allegations of child abuse that is sensitive to the needs of children; Ensure the safety and health of children who are victims …

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

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 ma…

418.785 Child fatality review teams

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: Identifying local and state issues related to preventable child fatalities; and Promoting implementation of recommendations at the co…

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 …

418.788 Grant application; criteria for awarding grants; rules

Subject to the availability of funds under the provisions of ORS 418.796 and 418.801, 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. A public or private agency may apply to the administrator for a grant…

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. Note: See no…

418.792 Application contents for children’s advocacy center

Each application for funds to establish and maintain a children’s advocacy center shall include: Evidence indicating that the applicant has at least one medical practitioner trained in the evaluation, diagnosis and treatment of child abuse and neglect. A commitment by the medical practitioner: To attend annual continuing education courses regarding evalua…

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 418.801. The program may prescribe by rule a form for the report. Note: See note under 418.746.

418.794 Confidentiality of video recordings

Video recordings produced pursuant to ORS 418.746 to 418.801 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. Note: See note under 418.746.

418.795 Confidentiality of information and records

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.…

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 418.801. All funds received are to aid in financing the functions of the advisory council and th…

418.797 Biennial certified expense and funding reports to Department of Justice

The director of a children’s advocacy center shall submit to the Department of Justice, by no later than April 1 of each even-numbered year, projected costs of the center for the next biennium, along with estimates for all sources of funding other than the state, including but not limited to insurance reimbursements, court witness fees, private donations and…

418.798 Legislative findings

The Legislative Assembly finds that children’s advocacy centers rely upon state funding and it is necessary and in the public interest to provide children’s advocacy centers and employees of children’s advocacy centers with certain immunities from civil liability arising out of children’s advocacy centers’ good faith participation in conducting statutorily m…

418.799 Immunity from civil liability; exceptions

If a children’s advocacy center provides evidence that it is a member in good standing of, or is actively working toward accreditation by, a national organization that provides accreditation based on nationally recognized standards and on evidence-based measures, an employee or designated agent of the children’s advocacy center who is participating in good f…

418.800 Review of certain cases by county child abuse multidisciplinary team

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…

418.801 Children’s Advocacy Center Fund

The Children’s Advocacy Center Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Children’s Advocacy Center Fund shall be credited to the fund. The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on m…

418.804 Short title

ORS 418.806 to 418.816 and 419B.023 shall be known and may be cited as “Karly’s Law.” 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

The purpose of the Critical Incident Review Teams under ORS 418.806 to 418.816 is to increase child safety by: Rapidly drawing lessons from a particular critical incident for the improvement of systems administered by the Department of Human Services; Increasing the department’s accountability to the public; Evaluating and learning from cases designated a…

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: The child was in the custody of the department at the time of death; The child, the child’s sibling or any other child living in the household wit…

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

When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team. The department shall assign the team required under subsection (1) of this section no later than the earlier of: Ten days after the department becomes aware of a fatality that the department reasonably believes is the res…

418.813 Report

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. Prior to publishing a final report under this section, the department shall take into co…

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

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: The date of the critical incident and the age of the deceased child. Whether the child was in the custody of the department at the time of…

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 o…

418.927 When refugee child may be removed from home; placement

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 h…

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…

418.933 Judicial determination on removal required

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: Preventative or remedial services provided by the Department of Human Services have failed to alleviate the need for removal; and Return to the home will like…

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 jud…

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 ch…

418.939 Record for refugee child; content

The Department of Human Services shall maintain a record for each refugee child in its care containing: The name, age, former residence, legal status, health records, sex, race and accumulated length of time in foster care; The name, former residence, health history and character of each genetic parent; The date of reception, placing out and adoption of e…

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

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. The committee shall: Assist in the review of the department’s implementation of ORS 418.925 to 418.945. Assist in the identification, development and …

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 th…

418.945 Rules

The Department of Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945. 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: “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: Child-caring agencies licensed, certified or otherwise authorized by the Department of Human Services u…

418.955 Policy

The Legislative Assembly finds and declares that: It is the policy of this state to encourage and promote the provision of local residential care for the disadvantaged children of this state; There is a growing need for community-based child-caring facilities to provide quality care and protect the welfare of these children; Restrictions on the siting of …

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

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-unit 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 ch…

418.965 Approval or denial of applications

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. 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 …

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.

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: “Agency of state government” has the meaning given that term in ORS 174.111. “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 cu…

418.977 [2009 c.540 §2; repealed by 2019 c.616 §7]

418.978 System of Care Advisory Council

A commission known as the System of Care Advisory Council is established. The council consists of 29 members appointed as follows: The Chief Justice of the Supreme Court shall appoint one representative from the Judicial Department. The Governor shall appoint: Two members who are representatives of the Department of Human Services with extensive knowledg…

418.979 Purpose; duties; rules

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. The primary duty of the council is to develop and maintain a state system of care policy and a comprehe…

418.980 [2009 c.540 §3; repealed by 2019 c.616 §7]

418.981 Children’s System Data Dashboard; rules

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: 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; Th…

418.982 [2009 c.540 §4; repealed by 2019 c.616 §7]

418.983 System of Care Account

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. The authority…

418.984 Interdisciplinary assessment teams

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. An interdisciplinary assessment team shall: Provide evaluation of youth. Increase statewide education, consultation and telemedicine evaluat…

418.985 [2009 c.540 §5; 2011 c.720 §159; repealed by 2019 c.616 §7]

PENALTIES

418.990 Criminal penalties

A person who violates ORS 418.255, 418.290 or 418.300 commits a Class D violation. A person who violates ORS 418.630 commits a Class B misdemeanor. Violation of ORS 418.215, 418.250 or 418.327 (4) is a Class A misdemeanor. Each day of violation is a separate offense.

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. Note: 418.991 was enacted into law by the Legislative…

418.992 Civil penalty; rules

In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty: 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: Violation of any of the terms or conditions of a license, certificate or other authorization issued und…

418.993 Procedure

Any civil penalty under ORS 418.992 shall be imposed in the manner provided in ORS 183.745. 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.

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.

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: 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. Any prior violations of statutes or rules pertaining to child-caring agencies. The …

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.

418.998 Disposition of penalties

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. 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 Departme…