369 sections in this chapter.
ORS 418.001 Definition for ORS 418.005 to 418.030. As used in ORS 418.005 to 418.030, “child” or “juvenile” means an individual under 21 years of age. [1973 c.827 §34]
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[Repealed or reserved.]
ORS 418.003 [1973 c.463 §§2,3; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 418.005 Powers of department in connection with child welfare services; rules; advisory committee. (1) In order to establish, extend and strengthen welfare services for the protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent, the Department of Human Services may
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(a) Make all necessary rules and regulations for administering child welfare services under this section. (b) Accept and disburse any and all federal funds made available to the State of Oregon for child welfare services. (c) Make such reports in such form and containing such inf…
ORS 418.010 Children not to be taken charge of when parents object. Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child or of the person standing in loco parentis to such child. [Formerly 419.004]
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[Repealed or reserved.]
ORS 418.015 Custody and care of needy children by department. (1) The Department of Human Services may, in its discretion, accept custody of children and may provide care, support and protective services for children who are dependent or neglected, who have mental or physical disabilities or who for other reasons are in need of public service
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(2) The department shall accept any child placed in its custody by a court under, but not limited to ORS chapter 419B or 419C, and shall provide such services for the child as the department finds to be necessary. (3) All children in the legal custody of the department who, in th…
ORS 418.016 Criminal records checks required for caregivers of children and for other persons in household; exception; rules. (1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181A.195 and ORS chapter 418 to require that criminal records checks be conducted under ORS 181A.195 on
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(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and (b) Any other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver. (2) Rules adopted under subsection (1) of this sect…
ORS 418.017 Parent allowed to anonymously leave child at authorized facility; facility immunity; notification to department. (1) A parent may leave an infant at an authorized facility in the physical custody of an agent, employee, physician or other medical professional working at the authorized facility if the infant
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(a) Is 60 days of age or younger as determined to a reasonable degree of medical certainty; and (b) Has no evidence of abuse. (2) A parent leaving an infant under this section is not required to provide any identifying information about the infant or the parent. (3) An agent, emp…
ORS 418.018 Department required to inform public about ORS 418.017 and affirmative defense; funding. (1)(a) The Department of Human Services shall inform the public about the provisions of ORS 418.017 and the affirmative defense created in ORS 163.535
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(b) An authorized facility, as defined in ORS 418.017, shall post and maintain signs outside of the facility notifying the public of the facility and providing the information described in paragraph (a) of this subsection. (c) The department shall design the signs described in pa…
ORS 418.020 Unexpended balances of budgeted county funds may be expended as aid for children. The governing body of any county may expend as aid for homeless, neglected or abused children, foundlings or orphans, wayward children or children in need of correctional or institutional care or committed to a youth care center, as defined in ORS 420.855, the whole or any part of any unexpended balance of any fund budgeted by the county for any purpose whatsoever. [Formerly 419.008; 1965 c.567 §§10,11; 1967 c.444 §8]
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[Repealed or reserved.]
ORS 418.025 Prevention, reduction or control of juvenile delinquency by county programs and activities. (1) The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may
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(a) Conduct programs and carry on and coordinate activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment and operation of youth care centers, as defined in ORS 420.855, to care for children committed to the custo…
ORS 418.027 Agreements for custody, care or treatment; rules. (1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment of the director or the authorized representative of the director, a child needs placement services after reaching 18 years of age, such services must be approved by the director or authorized representative
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(2) The agreement shall provide for such services as the child might require, such as the custody, care or treatment of the child for a time fixed in the agreement but not to exceed the time when the child reaches 21 years of age. (3) The agreement shall be signed by the person o…
ORS 418.030 Services to prevent, control and treat juvenile delinquency. The Department of Human Services may provide consultation services related to the prevention, control and treatment of juvenile delinquency to local and statewide public and private agencies, groups and individuals or may initiate such consultation services. Consultation services include but are not limited to conducting studies and surveys, sponsoring or participating in education programs, and advising and assisting agencies, groups and individuals. [1971 c.401 §90; 1975 c.795 §1; 1995 c.79 §212]
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[Repealed or reserved.]
ORS 418.032 Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities. (1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, the state shall, by operation of law, be assignee of and subrogated to any right to support from any other person including any sums that may have accrued, up to the amount of assistance provided by the department. If the right to support is contained in a judgment or order that requires a single gross monthly payment for the support of two or more children, the assignment and right of subrogation shall be of such child’s proportionate share of the gross amount. The assignment shall be as provided in ORS 412.024
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(2) The department shall attempt to enter into agreements with any person who voluntarily gives custody of a child with a mental or physical disability to the department. Any agreement entered into shall set out the timely and nonadversarial settlement of child support obligation…
ORS 418.033 Release of records to citizen review board; when findings of board public; rules. The Department of Human Services may release pertinent portions of client or provider records to citizen review boards established by the department to hear client or provider grievances pursuant to rules of the department. The citizen review boards may make such information available to participants in the review of client or provider grievances. The findings of the citizen review board in client or provider grievances may be disclosed to the public, at the discretion of the department, if the aggrieved client or provider has disclosed information concerning the grievance to the public either directly or through another person or persons acting on behalf of the aggrieved client or provider. [1985 c.601 §3]
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[Repealed or reserved.]
ORS 418.034 Department responsible for costs of medical care of certain children in detention or lockup facilities; recovery of costs; obtaining additional funds. (1) Notwithstanding ORS 169.140 or any other provision of law, within the availability of funds therefor, the Department of Human Services shall be responsible for the costs and expenses associated with the provision of medical care for any child in the care and custody of the Department of Human Services who is held in a juvenile detention facility or in a local correctional facility or lockup as defined in ORS 169.005
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(2) Nothing in subsection (1) of this section prevents the Department of Human Services from obtaining reimbursement for such costs and expenses as provided in ORS 419B.400, 419B.402, 419B.404 or 419B.406. (3) If funds are not available to pay for medical costs as required by sub…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(1) The number of children in foster care; (2) The number of children that have had more than one foster care placement; (3) The number of placements for each child described in subsection (2) of this section; (4) The percentage of foster children placed apart from siblings; (5) …
ORS 418.039 Policy on prohibited disqualifications of child welfare services providers. (1) It is the policy of this state that an individual may not be disqualified from providing child welfare services to a child or ward
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(a) For the sole reason that the individual received child welfare services as a child or youth; (b) For the sole reason that the individual is a person with a disability; or (c) On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, gender…
ORS 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]
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GOVERNOR’S CHILD FOSTER CARE ADVISORY COMMISSION
ORS 418.041 Governor’s Child Foster Care Advisory Commission; terms; compensation. (1) The Governor’s Child Foster Care Advisory Commission is established
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(2)(a) The commission consists of 13 members appointed by the Governor. (b) Notwithstanding paragraph (a) of this subsection, if a member of the commission is a representative of the Judicial Department, the Chief Justice of the Supreme Court shall appoint the member. (3) The ter…
ORS 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]
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[Repealed or reserved.]
ORS 418.043 Membership of commission; meetings. (1) The members of the Governor’s Child Foster Care Advisory Commission must be residents of this state with experience and expertise in the foster care system in this state, including but not limited to
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(a) Current or former foster parents and current or former foster children; (b) Family members of individuals described in paragraph (a) of this subsection; (c) Biological parents involved in the foster care system in this state; (d) Representatives of advocacy organizations that…
ORS 418.044 Functions and duties of commission; rules. (1) The Governor’s Child Foster Care Advisory Commission shall advise the Governor, the Director of Human Services, the Director of the Oregon Health Authority and the Director of the Oregon Youth Authority, and make recommendations for legislation, regarding the foster care system in this state. In addition, the commission shall study and report to the Governor and the directors with respect to the following
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(a) Legal and policy issues pertaining to the foster care system in this state; (b) Monitoring accountability in the foster care system by measuring outcomes, including but not limited to the following: (A) Increasing the number of children committed to the custody of the Departm…
ORS 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]
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[Repealed or reserved.]
ORS 418.046 Advisory or technical committees; Child Welfare Equity Advisory Committee. (1) The Governor’s Child Foster Care Advisory Commission may establish any advisory or technical committees the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission
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(2) Except as otherwise specifically provided, members of a committee created under this section are not entitled to compensation but, in the discretion of the commission, may be reimbursed from funds available to the commission for actual and necessary travel and other expenses …
ORS 418.047 [1995 c.816 §7; 1997 c.581 §29; renumbered 412.151 in 2007]
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[Repealed or reserved.]
ORS 418.050 [1963 c.610 §5; 1975 c.243 §1; 1997 c.581 §30; 2001 c.900 §113; renumbered 412.026 in 2007]
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[Repealed or reserved.]
ORS 418.054 [1963 c.610 §6; 1973 c.823 §132; renumbered 412.028 in 2007]
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[Repealed or reserved.]
ORS 418.055 [Formerly 419.052; 1963 c.610 §1; renumbered 418.035]
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[Repealed or reserved.]
ORS 418.059 [1963 c.610 §7; 1973 c.823 §133; renumbered 412.029 in 2007]
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[Repealed or reserved.]
ORS 418.060 [Formerly 419.054; renumbered 418.040]
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[Repealed or reserved.]
ORS 418.065 [Formerly 419.056; 1963 c.610 §2; renumbered 418.045]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 418.080 [1961 c.712 §5; repealed by 1965 c.538 §1]
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[Repealed or reserved.]
ORS 418.085 [1961 c.712 §4; 2003 c.14 §215; 2007 c.861 §15; renumbered 412.039 in 2007]
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[Repealed or reserved.]
ORS 418.090 [1961 c.712 §6; repealed by 1971 c.779 §78]
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[Repealed or reserved.]
ORS 418.095 [1961 c.712 §7; 1965 c.291 §3; 1967 c.130 §6; repealed by 2007 c.861 §23]
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[Repealed or reserved.]
ORS 418.097 [1963 c.610 §8; 1967 c.130 §7; renumbered 412.044 in 2007]
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[Repealed or reserved.]
ORS 418.100 [Formerly 419.058; 1971 c.779 §56; 1975 c.242 §1; 1997 c.581 §32; renumbered 412.049 in 2007]
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[Repealed or reserved.]
ORS 418.105 [Formerly 419.060; repealed by 1971 c.779 §78]
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[Repealed or reserved.]
ORS 418.110 [Formerly 419.062; 1969 c.68 §9; 1971 c.779 §57; renumbered 412.054 in 2007]
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[Repealed or reserved.]
ORS 418.115 [Formerly 419.064; 1969 c.68 §10; 1971 c.779 §58; renumbered 412.059 in 2007]
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[Repealed or reserved.]
ORS 418.120 [Formerly 419.066; 1969 c.68 §11; 1971 c.779 §59; renumbered 412.064 in 2007]
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[Repealed or reserved.]
ORS 418.125 [Formerly 419.068; 1971 c.779 §60; 1973 c.612 §16; renumbered 412.069 in 2007]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 418.131 [1995 c.816 §4; 2003 c.212 §3; 2007 c.861 §5; renumbered 412.079 in 2007]
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[Repealed or reserved.]
ORS 418.132 [1995 c.816 §5; 1997 c.581 §34; 2007 c.861 §16; renumbered 412.084 in 2007]
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[Repealed or reserved.]
ORS 418.133 [1995 c.816 §11; repealed by 1997 c.581 §48]
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[Repealed or reserved.]
ORS 418.134 [1995 c.816 §6; 1997 c.581 §35; 2007 c.861 §§5a,5b; renumbered 412.089 in 2007]
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[Repealed or reserved.]