Chapter 418 — Chapter 418

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

7.4K chars

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

4.1K chars

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

0.2K chars

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

0.0K chars

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

0.2K chars

ORS 418.270 Surrender of child to child-caring agency; consent to adoption; time for adoption proceedings; effect of release and surrender. (1) If licensed for such purposes by the Department of Human Services, a child-caring agency may receive children from the children’s parents or legal guardians for special, temporary or continued care. Upon receiving a child under this section, the agency shall make inquiries, as described in ORS 419B.636 (2), to determine whether there is reason to know that the child is an Indian child. The parents or guardians may sign releases or surrenders giving to the agency guardianship and control of the children during the period of care, which may be extended until the children arrive at legal age. Releases do not surrender the rights of parents or guardians in respect to the adoption of children and do not entitle the agency to give consent to the adoption of the children unless the release or surrender expressly recites that the release or surrender is given for the purpose of adoption. Child-caring agencies are authorized to place children for adoption or family foster care only if authorized by the department in the license issued by the department to the agency

3.6K chars

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

0.6K chars

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

1.0K chars

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

0.0K chars

ORS 418.290 Child placement by nonresident. No person, agent, agency or institution of another state shall place a child in a child-caring agency or proctor foster home in this state without first having furnished the Department of Human Services such guarantee as the department may require against the child becoming a public charge within five years from the date of the placement. [Formerly 419.134; 1971 c.401 §23; 1975 c.310 §8; 2016 c.106 §18]

0.0K chars

ORS 418.295 Certain attorneys not to represent prospective adoptive parents; employees not to recommend any attorney to prospective adoptive parents. (1) No attorney employed by the State of Oregon shall represent prospective adoptive parents in the parents’ attempt to adopt a child being cared for under the provisions of ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.625 to 418.685 and 418.647

0.2K chars

ORS 418.300 When child placement by private persons prohibited. A private individual, including midwives, physicians, naturopathic physicians, nurses, hospital officials and all officers and employees or representatives of unauthorized agencies, organizations or institutions, may not engage in child-placing work, except that relatives of the first and second degrees may thus provide for children of their own blood. [Formerly 419.136; 1983 c.510 §13; 2017 c.356 §37]

0.0K chars

ORS 418.302 Administrative review required for certain children in voluntary placement. For those children who have remained in voluntary placement for 18 months, an administrative review by the Department of Human Services shall be required. The department shall review the same information required in reports on children placed pursuant to court order. [1981 c.777 §3]

0.0K chars

ORS 418.305 Access to child receiving care or services. (1) The Department of Human Services may require any child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 to disclose to the department the location and circumstances of any child for whom the agency is providing care or services

1.2K chars

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

0.0K chars

ORS 418.307 Medical or dental treatment of children without consent; conditions; immunity of treating personnel. (1) A physician licensed by the Oregon Medical Board, a naturopathic physician licensed under ORS chapter 685, a dentist licensed by the Oregon Board of Dentistry or a hospital licensed by the Department of Human Services is authorized to treat a child who is ward of the court or is a dependent or delinquent child in accord with the best medical judgment of the physician, naturopathic physician, dentist or responsible official of the hospital and without consent if

1.0K chars

ORS 418.310 Application of statutes to institutions caring for adults and children. ORS 418.205 to 418.327 and 418.992 to 418.998 apply to private agencies and institutions for the combined care of adults and children where the care for children includes day or residential treatment or care. [Formerly 419.140; 1983 c.510 §14; 2019 c.13 §46]

0.0K chars

ORS 418.312 When transfer of custody not required; voluntary placement of children; judicial review of placement. (1) The Department of Human Services may not require any parent or legal guardian to transfer legal custody of a child in order to have the child placed in a child-caring agency under ORS 418.205 to 418.327, 418.470, 418.475, 418.480 to 418.500, 418.950 to 418.970 and 418.992 to 418.998 in a foster home, group home or institutional child care setting, when the sole reason for the placement is the need to obtain services for the child’s emotional, behavioral or mental disorder or developmental or physical disability. In all such cases, the child shall be placed pursuant to a voluntary placement agreement. When a child is placed pursuant to a voluntary placement agreement, the department shall have responsibility for the child’s placement and care

4.2K chars

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

3.1K chars

ORS 418.315 Department may provide foster care for children surrendered or committed to department. The Department of Human Services may, in its discretion, provide foster care and other services for any child who has been surrendered under ORS 418.270, as authorized by ORS 418.285, to the department for adoption or has been permanently committed to the department by order of court. [Formerly 419.142; 1969 c.45 §9; 1971 c.401 §26; 1971 c.779 §63]

0.0K chars

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

0.2K chars

ORS 418.319 Goal regarding placed children receiving federal assistance. For each federal fiscal year beginning on and after October 1, 1983, the Department of Human Services establishes as a goal that no more than 33 percent of the children receiving assistance in foster home or substitute care placements under Title 4E of the Social Security Act shall have been in such placement at any time during that fiscal year for a period in excess of 24 months. The department shall report to each odd-numbered year regular session of the Legislative Assembly with its plan for achieving its goal and any plans for reducing the number or percentage of children in such placements during the period before the next October 1. [1981 c.251 §1; 2011 c.545 §52]

0.2K chars

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

0.0K chars

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

8.9K chars

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

4.8K chars

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

2.3K chars

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

4.0K chars

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

2.9K chars

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

2.2K chars

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

3.4K chars

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

1.5K chars

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

0.0K chars

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

0.0K chars

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

0.0K chars

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

1.0K chars

ORS 418.346 [1989 c.306 §3; renumbered 657A.120 in 1993]

0.0K chars

ORS 418.348 [1989 c.306 §4; renumbered 657A.130 in 1993]

0.0K chars

ORS 418.350 [1989 c.306 §5; renumbered 657A.140 in 1993]

0.1K chars

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

2.5K chars

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

0.0K chars

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

5.3K chars

ORS 418.354 [1989 c.306 §7; renumbered 657A.160 in 1993]

0.0K chars

ORS 418.355 [Formerly 419.152; 1971 c.401 §28; repealed by 1989 c.41 §2]

0.0K chars

ORS 418.356 [1989 c.306 §8; renumbered 657A.170 in 1993]

0.0K chars

ORS 418.357 Residential care referral agents; registration; rules; penalties. (1) A person may not provide a residential care referral unless the person is registered with the Department of Human Services under this section

1.1K chars

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

0.0K chars

ORS 418.359 Referrals to secure transportation services providers; disclosure. (1) A person or organization that makes a referral or recommendation related to the use of a secure transportation services provider to transport a child to a child-caring agency, certified foster home or developmental disabilities residential facility must provide the written disclosure described in subsection (2) of this section if the child to be transported is a resident of this state or if the child-caring agency, certified foster home or developmental disabilities residential facility to which the secure transportation services provider will deliver the child is located in this state

1.1K chars

ORS 418.360 [Formerly 419.154; 1971 c.401 §29; repealed by 1989 c.41 §2]

0.0K chars

ORS 418.361 [1989 c.306 §10; 1993 c.344 §29; renumbered 657A.020 in 1993]

0.0K chars

ORS 418.363 [1989 c.306 §11; renumbered 657A.190 in 1993]

0.0K chars