Chapter 418 — Chapter 418

ORS 418.797 Biennial certified expense and funding reports to Department of Justice. (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 but not limited to insurance reimbursements, court witness fees, private donations and governmental grants

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ORS 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 mandated child abuse assessments. [2024 c.68 §2]

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ORS 418.799 Immunity from civil liability; exceptions. (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 or designated agent of the children’s advocacy center who is participating in good faith in a child abuse assessment and who has reasonable grounds for that participation and for the conclusions or diagnoses made in that assessment shall have immunity

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ORS 418.800 Review of certain cases by county child abuse multidisciplinary team. (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 investigation and the parent, guardian or caregiver consents to leave the family home, the department shall notify the district attorney responsible for the county child abuse multidisciplinary team for the county in which the child resides about the case. The notification shall be in writing and be given no later than three business days after the departure of the parent, guardian or caregiver from the family home

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ORS 418.801 Children’s Advocacy Center Fund. (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 transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund. The moneys in the fund are continuously appropriated to the Department of Justice for carrying out the purposes of ORS 418.786

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ORS 418.804 Short title. ORS 418.806 to 418.816 and 419B.023 shall be known and may be cited as “Karly’s Law.” [Formerly 419B.022]

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ORS 418.805 [1969 c.641 §1; 1977 c.717 §20; 1979 c.745 §1; 1987 c.794 §1; renumbered 657A.250 in 1993]

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ORS 418.806 Policy. (1) The purpose of the Critical Incident Review Teams under ORS 418.806 to 418.816 is to increase child safety by

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ORS 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

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ORS 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]

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ORS 418.811 Team assignment and membership; rules. (1) When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team

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ORS 418.813 Report. (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

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ORS 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]

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ORS 418.816 Critical Incident Review Team website. (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

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ORS 418.817 [1987 c.621 §12; 1987 c.794 §3; renumbered 657A.440 in 1993]

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ORS 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]

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ORS 418.825 [1969 c.641 §5; 1971 c.401 §50; 1993 c.344 §34; renumbered 657A.300 in 1993]

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ORS 418.830 [1969 c.641 §6; 1971 c.401 §51; 1975 c.311 §2; 1993 c.344 §35; renumbered 657A.310 in 1993]

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ORS 418.835 [1969 c.641 §7; 1971 c.401 §52; 1993 c.344 §36; 1993 c.733 §4; renumbered 657A.270 in 1993]

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ORS 418.840 [1969 c.641 §8; 1975 c.268 §2; 1993 c.344 §37; 1993 c.733 §5; renumbered 657A.350 in 1993]

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ORS 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]

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ORS 418.850 [1969 c.641 §11; 1971 c.401 §54; 1975 c.311 §3; 1993 c.344 §39; renumbered 657A.390 in 1993]

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ORS 418.855 [1969 c.641 §12; 1971 c.401 §55; 1987 c.794 §6; 1993 c.344 §40; renumbered 657A.400 in 1993]

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ORS 418.860 [1969 c.641 §13; 1971 c.401 §56; 1993 c.344 §41; renumbered 657A.410 in 1993]

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ORS 418.865 [1969 c.641 §15; 1971 c.401 §57; 1993 c.344 §42; renumbered 657A.420 in 1993]

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ORS 418.870 [1969 c.641 §14; 1971 c.401 §58; 1993 c.344 §43; renumbered 657A.370 in 1993]

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ORS 418.875 [1969 c.641 §4a; 1971 c.401 §59; repealed by 1975 c.352 §2]

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ORS 418.880 [1969 c.641 §§4b,4c; 1971 c.401 §60; repealed by 1975 c.352 §2]

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ORS 418.885 [1969 c.641 §10; 1971 c.401 §61; 1993 c.344 §44; renumbered 657A.450 in 1993]

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ORS 418.890 [1979 c.745 §2; renumbered 657A.460 in 1993]

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ORS 418.900 [1979 c.524 §1; 1989 c.302 §1; renumbered 657A.500 in 1993]

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ORS 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]

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ORS 418.910 [1979 c.524 §3; 1989 c.302 §3; 1993 c.344 §46; renumbered 657A.520 in 1993]

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ORS 418.915 [1979 c.524 §4; 1991 c.67 §109; 1993 c.344 §47; renumbered 657A.530 in 1993]

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ORS 418.920 [1979 c.524 §5; 1991 c.67 §110; repealed by 1993 c.344 §49]

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ORS 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 or political opinion, or whose parents entered the United States within the preceding 10 years and are or were unwilling or unable to return to their 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 or political opinion. [1985 c.358 §1; 2007 c.100 §25; 2021 c.367 §23]

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ORS 418.927 When refugee child may be removed from home; placement. (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 child and the provision of preventative or remedial services do not alleviate the harm

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ORS 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 or physical harm. [1985 c.358 §5; 1993 c.33 §339; 2001 c.622 §43]

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ORS 418.933 Judicial determination on removal required. (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

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ORS 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 judicial proceedings. [1985 c.358 §9; 1993 c.33 §341]

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ORS 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 child with the following in order of preference

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ORS 418.939 Record for refugee child; content. The Department of Human Services shall maintain a record for each refugee child in its care containing

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

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ORS 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 the department has complied with ORS 418.925 to 418.945 and shall include descriptions of the methods of compliance. [1985 c.358 §8]

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ORS 418.945 Rules. The Department of Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945. [1985 c.358 §10]

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ORS 418.950 Definitions for ORS 418.950 to 418.970. As used in ORS 418.950 to 418.970, unless the context requires otherwise

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ORS 418.955 Policy. The Legislative Assembly finds and declares that

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ORS 418.960 City and county siting of child-caring facilities; applications; denial procedure; proof of facility qualifications. (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 of which must be satisfied for the approval of an application for the siting of a child-caring facility, including any applicable zoning or land use restrictions

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ORS 418.965 Approval or denial of applications. (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

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ORS 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. [1979 c.597 §6]

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