Title 34, Human Services; Juvenile Code; Corrections

(1) 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 bu…

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 c…

(1) 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 …

(1) If, in a case of alleged child sexual abuse as described in ORS 419B.005 (1)(a)(C), (D) or (E) by a parent, guardian or caregiver living in the child’s home, the Department of Human Services asks the parent, guardian or caregiver to move from the family home during the invest…

(1) 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 trans…

ORS 418.806 to 418.816 and 419B.023 shall be known and may be cited as “Karly’s Law.” [Formerly 419B.022] Note: 418.804 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface…

(1) The purpose of the Critical Incident Review Teams under ORS 418.806 to 418.816 is to increase child safety by: (a) Rapidly drawing lessons from a particular critical incident for the improvement of systems administered by the Department of Human Services; (b) Increasing the d…

As used in ORS 418.806 to 418.816, “critical incident” means an incident that resulted in the death of a child if the Department of Human Services reasonably believes the death was the result of child abuse and: (1) The child was in the custody of the department at the time of de…

(1) When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team. (2) The department shall assign the team required under subsection (1) of this section no later than the earlier of: (a) Ten days after the…

(1) Subject to subsection (2)(b) of this section, each Critical Incident Review Team assigned under ORS 418.811 shall submit a detailed, written final report to the Department of Human Services no later than the 100th day following the date the department assigned the team. (2)(a…

(1) After assigning a Critical Incident Review Team under ORS 418.811, the Department of Human Services shall immediately make the following information regarding the critical incident available on the department’s website: (a) The date of the critical incident and the age of the…

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, sexu…

(1) The Department of Human Services shall not remove a refugee child from the child’s home pursuant to ORS 419B.150 or 419C.080 unless, in addition to the requirements of ORS 419B.150 or 419C.080, removal is necessary to prevent imminent serious emotional or physical harm to the…

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 d…

(1) No refugee child shall remain out of the child’s home pursuant to ORS 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that: (a) Preventative or remedial services provided by the Department of Human Se…

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 inc…

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 b…

The Department of Human Services shall maintain a record for each refugee child in its care containing: (1) The name, age, former residence, legal status, health records, sex, race and accumulated length of time in foster care; (2) The name, former residence, health history and c…

(1) In cooperation with refugee community resources, the Department of Human Services shall establish a Refugee Child Welfare Advisory Committee. The department shall assist the committee in its required tasks. (2) The committee shall: (a) Assist in the review of the department’s…

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 in…

The Department of Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945. [1985 c.358 §10] LOCAL RESIDENTIAL CHILD CARE FACILITIES

As used in ORS 418.950 to 418.970, unless the context requires otherwise: (1) “Agency” means any person or organization providing substitute residential care for an average daily population of eight or fewer children. “Agency” includes but is not limited to: (a) Child-caring agen…

The Legislative Assembly finds and declares that: (1) It is the policy of this state to encourage and promote the provision of local residential care for the disadvantaged children of this state; (2) There is a growing need for community-based child-caring facilities to provide q…

(1) Each city and county may adopt a procedure which will provide opportunities for the siting of child-caring facilities within its jurisdiction including the siting of such facilities in single-unit residential zones. The procedure shall specify all conditions the requirements …

(1) A city or county shall approve or deny an application for the siting of a child-caring facility within 90 days after the date of application, unless both the applicant and the city or county agree to an extension of time. (2) A city or county may not deny an application for t…

The provisions of ORS 418.950 to 418.970 do not apply to child-caring facilities in existence and operating on October 3, 1979. [1979 c.597 §6]

As used in ORS 418.976 to 418.981, unless the context requires otherwise: (1) “Agency of state government” has the meaning given that term in ORS 174.111. (2) “Cultural competence” means accepting and respecting diversity and differences in a continuous process of self-assessment…

(1) A commission known as the System of Care Advisory Council is established. (2) The council consists of 29 members appointed as follows: (a) The Chief Justice of the Supreme Court shall appoint one representative from the Judicial Department. (b) The Governor shall appoint: (A)…

(1) The purpose of the System of Care Advisory Council is to improve the effectiveness and efficacy of state and local systems of care that provide services to youth by providing a centralized and impartial forum for statewide policy development and planning. (2) The primary duty…

(1) The System of Care Advisory Council shall maintain the Children’s System Data Dashboard, which must include, at a minimum, the following local and statewide data: (a) The number of children under 21 years of age, wards, youths and adjudicated youths being served by the Oregon…

(1) The System of Care Account is established in the State Treasury, separate and distinct from the General Fund. All moneys deposited in the account are continuously appropriated to the Oregon Health Authority for the purpose of supporting the duties of the System of Care Adviso…

(1) The Department of Human Services, the Oregon Health Authority and the Oregon Youth Authority may contract with public or private providers to establish interdisciplinary assessment teams to provide services to youth. (2) An interdisciplinary assessment team shall: (a) Provide…

(1) A person who violates ORS 418.255, 418.290 or 418.300 commits a Class D violation. (2) A person who violates ORS 418.630 commits a Class B misdemeanor. (3) Violation of ORS 418.215, 418.250 or 418.327 (4) is a Class A misdemeanor. Each day of violation is a separate offense. …

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…

(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty: (a) On a child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 for any of the following: (A) Violation of …

(1) Any civil penalty under ORS 418.992 shall be imposed in the manner provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the child-caring agency to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application …

After public hearing, the Director of Human Services by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 418.992. However, the civil penalty shall not exceed $500 for each violation. [1983 c.510 §25]

In imposing a penalty pursuant to ORS 418.992, the Director of Human Services shall consider the following factors: (1) The past history of the child-caring agency incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (2…

Judicial review of civil penalties imposed under ORS 418.992, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1983 c.510 §28]

(1) Except as provided in subsection (2) of this section, all penalties recovered under ORS 418.992 to 418.998 shall be paid into the State Treasury and credited to the General Fund. (2) All penalties recovered under ORS 418.992 to 418.998 for violations of any provision of ORS 4…