Chapter 418 — Chapter 418
369 sections in this chapter.
ORS 418.697 [1973 c.629 §5; repealed by 1989 c.786 §13]
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[Repealed or reserved.]
ORS 418.699 Additional duties or liabilities not imposed on youth sports providers. Nothing in ORS 418.691 to 418.701 imposes any additional duty or liability on any youth sports provider by reason of the youth sports provider not performing a duty that is encouraged by ORS 418.696. [2001 c.550 §4]
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Note: See note under 418.691.
ORS 418.701 Youth sports providers authorized to request criminal background checks from Department of State Police. (1) Upon the request of a youth sports provider, and in compliance with procedures adopted by the Department of State Police under ORS 181A.230, the Department of State Police shall furnish to the authorized staff of the youth sports provider such information on a subject individual as the Department of State Police may have in its possession, including but not limited to manual or computerized criminal offender information. With the approval of the Department of State Police, a local law enforcement agency may furnish the information described in this subsection to a youth sports provider
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(2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual through the Federal Bureau of Investigation by use of the subject individual’s …
ORS 418.702 Training and continuing education for mandatory reporters; notice to persons required to report child abuse. (1) The Department of Human Services shall implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of child abuse. The curriculum shall address the areas of training and education necessary to facilitate the skills necessary to investigate reports of child abuse and shall include but not be limited to
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(a) Assessment of risk to the child; (b) Dynamics of child abuse, child sexual abuse and rape of children; and (c) Legally sound and age appropriate interview and investigatory techniques. (2) The Oregon State Bar and each board that licenses, certifies or registers public and pr…
ORS 418.704 [Formerly 418.756; 2009 c.595 §363a; 2014 c.99 §§1,4; renumbered 418.731 in 2015]
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[Repealed or reserved.]
ORS 418.705 [1961 c.621 §1; repealed by 1989 c.786 §13]
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[Repealed or reserved.]
ORS 418.706 State Technical Assistance Team for child fatalities; duties. The State Technical Assistance Team for child fatalities is established in the Oregon Health Authority. The purpose of the State Technical Assistance Team is to provide staff support for the statewide interdisciplinary team, as described in ORS 418.748, and, upon request, to provide technical assistance to the child fatality review teams established under ORS 418.785. The duties of the State Technical Assistance Team shall include but are not limited to
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(1) Designing, implementing and maintaining an information management system for child fatalities; (2) Providing training, technical assistance and support for identified individuals on county child abuse multidisciplinary teams in accurate data collection and input; (3) Compilin…
ORS 418.708 Child’s savings account; establishment; capacity to contract; parental consent; liability of financial institution; monitoring of account. (1) The Legislative Assembly finds that a child who is 12 years of age or older and who is in the custody of the Department of Human Services should be entitled to assistance from the department to establish a savings account at a financial institution as defined in ORS 706.008 for the following reasons
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(a) Access to such accounts prepares a child to become financially independent once the child is no longer in the custody, care or supervision of the department. (b) It is an important life lesson for a child to learn to save moneys for the future. (c) Providing children who are …
ORS 418.710 [1961 c.621 §4; repealed by 1989 c.786 §13]
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DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
ORS 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
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(1) The deceased was the victim of a homicide committed by a current or former spouse, fiance, fiancee or dating partner; (2) The deceased was the victim of a suicide and there is evidence that the suicide is related to previous domestic violence; (3) The deceased was the perpetr…
ORS 418.714 Domestic violence fatality review teams. (1) A local domestic violence coordinating council recognized by the local public safety coordinating council or by the governing body of the county may establish a multidisciplinary domestic violence fatality review team to assist local organizations and agencies in identifying and reviewing domestic violence fatalities. When no local domestic violence coordinating council exists, a similar interdisciplinary group may establish the fatality review team
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(2) The purpose of a fatality review team is to review domestic violence fatalities and make recommendations to prevent domestic violence fatalities by: (a) Improving communication between public and private organizations and agencies; (b) Determining the number of domestic viole…
ORS 418.715 [1961 c.621 §§2,5; repealed by 1989 c.786 §13]
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[Repealed or reserved.]
ORS 418.718 Statewide team. (1) The Department of Human Services may form a statewide interdisciplinary team to meet twice a year to review domestic violence fatality cases, identify domestic violence trends, make recommendations and take actions involving statewide issues
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(2) The statewide interdisciplinary team may recommend specific cases to a local multidisciplinary domestic violence fatality review team for review under ORS 418.714. (3) The statewide interdisciplinary team shall provide recommendations to local fatality review teams in the dev…
ORS 418.720 [1961 c.621 §3; repealed by 1989 c.786 §13]
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[Repealed or reserved.]
ORS 418.725 [1961 c.621 §6; repealed by 1989 c.786 §13]
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YOUTH SUICIDE INTERVENTION AND PREVENTION
ORS 418.726 Youth Suicide Intervention and Prevention Advisory Committee. (1) There is created a Youth Suicide Intervention and Prevention Advisory Committee to advise the Oregon Health Authority on the development and administration of strategies to address suicide intervention and prevention for children and youth 5 through 24 years of age. The Director of the Oregon Health Authority shall appoint members of the advisory committee and members shall serve at the pleasure of the director. The authority shall provide staffing for the advisory committee
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(2) The director shall ensure that advisory committee membership reflects the cultural, linguistic, geographic and economic diversity of this state. The members of the advisory committee must include, but need not be limited to: (a) Individuals who have survived suicide attempts;…
ORS 418.730 [1961 c.621 §7; repealed by 1989 c.786 §13]
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[Repealed or reserved.]
ORS 418.731 Youth Suicide Intervention and Prevention Coordinator; duties. (1) As used in this section and ORS 418.733
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(a) “Youth” means a person 5 through 24 years of age. (b) “Youth suicide” means a completed or attempted suicide by a person 5 through 24 years of age. (2) There is established a Youth Suicide Intervention and Prevention Coordinator within that part of the Oregon Health Authority…
ORS 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
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(1) An assessment of current access to mental health intervention, treatment and support for depressed or suicidal youth, including affordability, timeliness, cultural appropriateness and availability of qualified providers; (2) Recommendations to improve access to appropriate me…
ORS 418.735 Plan for communication among local mental health authorities regarding certain suicides; Oregon Health Authority notification; authority as resource; notice of death suspected to be suicide. (1) As used in this section
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(a) “Cause of death” has the meaning given that term in ORS 146.003. (b) “Local mental health authority” has the meaning given that term in ORS 430.630. (c) “Manner of death” has the meaning given that term in ORS 146.003. (d) “Third-party notification” means notification from a …
ORS 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]
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[Repealed or reserved.]
ORS 418.745 [1971 c.451 §1; 1975 c.644 §3; repealed by 1993 c.546 §141]
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INVESTIGATION OF CHILD ABUSE, RAPE AND SUICIDE
ORS 418.746 Child Abuse Multidisciplinary Intervention Account; uses; eligibility determination; plans; rules. (1) The Child Abuse Multidisciplinary Intervention Account is established separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the account. All moneys deposited in the account are continuously appropriated to the Department of Justice for the purposes of ORS 418.751 and this section
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(2) The Child Abuse Multidisciplinary Intervention Program, with the advice of the Advisory Council on Child Abuse Assessment, created by ORS 418.784, shall allocate moneys from the Child Abuse Multidisciplinary Intervention Account to eligible county child abuse multidisciplinar…
ORS 418.747 County teams for investigation; duties; training; method of investigation; designated medical professional. (1) The district attorney in each county shall be responsible for developing county child abuse multidisciplinary teams to consist of but not be limited to law enforcement personnel, Department of Human Services child protective service workers, school officials, local health department personnel, county mental health department personnel who have experience with children and family mental health issues, child abuse intervention center workers, if available, staff of a local CASA Volunteer Program, as defined in ORS 419A.004, and juvenile department representatives, as well as others specially trained in child abuse, child sexual abuse and rape of children investigation
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(2) The teams shall develop a written protocol for immediate investigation of and notification procedures for child abuse cases, including child sexual abuse, and for interviewing child abuse victims. Each team also shall develop written agreements signed by member agencies that …
ORS 418.748 Statewide team on child abuse and suicide. (1) The Oregon Health Authority, in collaboration with the Department of Human Services, shall form a statewide interdisciplinary team to meet twice a year to review child fatality cases where child abuse or suicide is suspected, identify trends, make recommendations and take actions involving statewide issues
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(2) The statewide interdisciplinary team may recommend specific cases to a child fatality review team for its review under ORS 418.785. (3) The statewide interdisciplinary team shall provide recommendations to child fatality review teams in the development of protocols. The recom…
ORS 418.749 [1989 c.998 §6; 1993 c.546 §104; 1993 c.622 §6; renumbered 418.702 in 2005]
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[Repealed or reserved.]
ORS 418.750 [1971 c.451 §3; 1973 c.110 §2; 1975 c.644 §4; 1981 c.892 §94; repealed by 1993 c.546 §141]
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[Repealed or reserved.]
ORS 418.751 Training and education for persons investigating child abuse. (1) The Department of Human Services, as provided in ORS 418.702, and the Department of Justice shall ensure that training and education are provided for persons, other than law enforcement officers, who are required to investigate allegations of child abuse
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(2)(a) The Department of Human Services shall provide trauma-informed training for employees within the department who are responsible for licensing, certifying or otherwise authorizing child-caring agencies and foster homes and for employees who investigate such agencies and hom…
ORS 418.753 [1995 c.757 §1; 1997 c.714 §3; 2005 c.562 §9; renumbered 418.706 in 2005]
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[Repealed or reserved.]
ORS 418.755 [1971 c.451 §4; 1975 c.644 §7; 1977 c.741 §1; repealed by 1993 c.546 §141]
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[Repealed or reserved.]
ORS 418.756 [1997 c.714 §1; renumbered 418.704 in 2005]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 418.762 [1975 c.644 §6; repealed by 1993 c.546 §141]
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[Repealed or reserved.]
ORS 418.764 [1977 c.97 §2; repealed by 1993 c.546 §141]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 418.775 [Formerly 146.770; 1973 c.110 §1; 1975 c.644 §11; 1981 c.892 §95; repealed by 1993 c.546 §141]
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CHILDREN’S ADVOCACY CENTERS
ORS 418.780 Purpose. (1) The Legislative Assembly recognizes that
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(a) Protection of the child is of primary importance. (b) A serious need exists for a coordinated multidisciplinary approach to the prevention and investigation of child abuse, for intervention and for the treatment of children who are victims of child abuse in a manner that is s…
ORS 418.782 Definitions for ORS 418.746 to 418.801. As used in ORS 418.746 to 418.801
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(1) “Child abuse” means “abuse” as defined by ORS 419B.005. (2) “Child abuse assessment” means services provided by a children’s advocacy center for the purpose of determining whether or not a child has been abused and identifying the appropriate treatment or referral for follow-…
ORS 418.783 Child Abuse Multidisciplinary Intervention Program. (1) The Child Abuse Multidisciplinary Intervention Program is established in the Department of Justice. The purpose of the program is to
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(a) Establish and maintain a coordinated multidisciplinary community-based system for responding to allegations of child abuse that is sensitive to the needs of children; (b) Ensure the safety and health of children who are victims of child abuse to the greatest extent possible; …
ORS 418.784 Advisory Council on Child Abuse Assessment; membership; officers; meetings; quorum. (1) There is created the Advisory Council on Child Abuse Assessment, consisting of at least nine members appointed by the Attorney General. The Attorney General shall serve as an ex officio member of the council. The council shall direct the administrator of the Child Abuse Multidisciplinary Intervention Program on the administration of funds to establish and maintain children’s advocacy centers or regional children’s advocacy centers under ORS 418.746 to 418.801
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(2) Of the members appointed to the council: (a) One member shall be an employee of the Department of Human Services with duties related to child protective services; (b) One member shall be a physician licensed to practice medicine in Oregon who specializes in children and famil…
ORS 418.785 Child fatality review teams. (1) Each county child abuse multidisciplinary team shall establish a child fatality review team to conduct child fatality reviews. The purpose of the review process is to help prevent severe and fatal child abuse and neglect by
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(a) Identifying local and state issues related to preventable child fatalities; and (b) Promoting implementation of recommendations at the county level. (2) In establishing the review process and carrying out reviews, the child fatality review team shall be assisted by the county…
ORS 418.786 Grant program. To accomplish the purpose described in ORS 418.780, with the assistance of the Advisory Council on Child Abuse Assessment, the administrator of the Child Abuse Multidisciplinary Intervention Program shall develop and administer a grant program to establish and maintain children’s advocacy centers and regional children’s advocacy centers, to support training and technical assistance efforts for county child abuse multidisciplinary teams and children’s advocacy centers and to provide coordination and support for the work of regional children’s advocacy centers. [1991 c.898 §4; 1993 c.33 §333; 1997 c.872 §35; 2001 c.624 §8; 2005 c.562 §11; 2019 c.141 §3]
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Note: See note under 418.746.
ORS 418.788 Grant application; criteria for awarding grants; rules. (1) 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
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(2)(a) A public or private agency may apply to the administrator for a grant to: (A) Establish and maintain a children’s advocacy center or regional children’s advocacy center; (B) Provide training and technical assistance to children’s advocacy centers or county child abuse mult…
ORS 418.790 Application contents for regional centers; rules. Each application for funds to establish or maintain a regional children’s advocacy center or to provide training and technical assistance to children’s advocacy centers or county child abuse multidisciplinary teams shall include information required by the rules of the Department of Justice and any other information requested by the department. [1991 c.898 §§6,8; 1993 c.33 §335; 1997 c.872 §37; 2001 c.104 §147; 2001 c.624 §14; 2003 c.354 §5; 2005 c.562 §13; 2009 c.296 §2; 2019 c.141 §5]
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Note: See note under 418.746.
ORS 418.792 Application contents for children’s advocacy center. Each application for funds to establish and maintain a children’s advocacy center shall include
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(1) Evidence indicating that the applicant has at least one medical practitioner trained in the evaluation, diagnosis and treatment of child abuse and neglect. (2) A commitment by the medical practitioner: (a) To attend annual continuing education courses regarding evaluation and…
ORS 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. [2001 c.624 §12; 2005 c.562 §15; 2019 c.141 §6]
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Note: See note under 418.746.
ORS 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. [1991 c.898 §9; 1993 c.33 §336; 2005 c.562 §16; 2019 c.141 §21]
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Note: See note under 418.746.
ORS 418.795 Confidentiality of information and records. (1) All information and records acquired by a county child abuse multidisciplinary team established under ORS 418.747 or a child fatality review team established under ORS 418.785 in the exercise of its duties are confidential and may be disclosed only when necessary to carry out the purposes of the child abuse investigation or the child fatality review process
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(2) A member agency of a county child abuse multidisciplinary team or a member of the team may use or disclose protected health information without obtaining an authorization from an individual or a personal representative of the individual if use or disclosure is necessary for p…
ORS 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 the purposes of ORS 418.746 to 418.801 and shall be deposited in the General Fund of the State Treasury to the credit of a separate account and are continuously appropriated to the Child Abuse Multidisciplinary Intervention Program established by ORS 418.783 for the purposes of ORS 418.746 to 418.801. [1991 c.898 §10; 1993 c.33 §337; 1997 c.872 §39; 2001 c.624 §10; 2005 c.562 §17]
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Note: See note under 418.746.