369 sections in this chapter.
ORS 418.135 [Formerly 419.072; 1971 c.779 §61; 1979 c.690 §14; 2007 c.356 §5; renumbered 412.094 in 2007]
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[Repealed or reserved.]
ORS 418.140 [1961 c.341 §2; 1963 c.332 §1; 1969 c.246 §1; renumbered 412.099 in 2007]
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[Repealed or reserved.]
ORS 418.145 [1963 c.332 §3; 1967 c.446 §1; 1971 c.779 §62; 1997 c.581 §36; renumbered 412.104 in 2007]
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[Repealed or reserved.]
ORS 418.147 [1987 c.3 §10; 1997 c.581 §37; renumbered 412.109 in 2007]
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[Repealed or reserved.]
ORS 418.149 [1987 c.3 §§11,12; 2007 c.861 §5c; renumbered 412.114 in 2007]
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[Repealed or reserved.]
ORS 418.150 [1969 c.281 §2; 1997 c.581 §38; 2005 c.22 §290; renumbered 412.076 in 2007]
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[Repealed or reserved.]
ORS 418.155 [1969 c.281 §3; 1973 c.222 §1; 1995 c.816 §12; 1997 c.581 §39; 2003 c.14 §217; 2007 c.861 §6; renumbered 412.124 in 2007]
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[Repealed or reserved.]
ORS 418.160 [1969 c.281 §4; 1973 c.222 §2; 1979 c.452 §1; 1995 c.816 §13; 2007 c.861 §19; renumbered 412.139 in 2007]
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[Repealed or reserved.]
ORS 418.163 [1973 c.222 §4; 1979 c.452 §2; 2001 c.900 §116; 2007 c.861 §20; renumbered 412.144 in 2007]
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[Repealed or reserved.]
ORS 418.165 [1969 c.281 §5; repealed by 1973 c.222 §5]
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[Repealed or reserved.]
ORS 418.170 [1969 c.281 §6; repealed by 1973 c.222 §5]
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[Repealed or reserved.]
ORS 418.172 [1975 c.734 §3; 1977 c.841 §12; 1997 c.170 §30; renumbered 412.155 in 2007]
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[Repealed or reserved.]
ORS 418.175 [1969 c.281 §§7,8; repealed by 1973 c.222 §5]
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[Repealed or reserved.]
ORS 418.180 [1983 c.414 §1; 1985 c.622 §1; 1997 c.581 §40; renumbered 412.161 in 2007]
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[Repealed or reserved.]
ORS 418.185 [1983 c.414 §4; 1995 c.816 §10; 1997 c.581 §41; repealed by 2007 c.861 §23]
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[Repealed or reserved.]
ORS 418.187 [1985 c.549 §1; repealed by 1999 c.1084 §56]
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CHILD ABUSE AND NEGLECT
ORS 418.189 Policy on prevention of child abuse and neglect. The Legislative Assembly recognizes that children are society’s most valuable resource and that child abuse and neglect is a threat to the physical, mental and emotional health of children. The Legislative Assembly further recognizes that assisting community-based private nonprofit and public organizations, agencies or school districts in identifying and establishing needed primary prevention programs will reduce the incidence of child abuse and neglect, and the necessity for costly subsequent intervention in family life by the state. Child abuse and neglect prevention programs can be most effectively and economically administered through the use of trained volunteers and the cooperative efforts of the communities, citizens and the state. [1985 c.549 §2]
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[Repealed or reserved.]
ORS 418.190 Centralized child abuse reporting system. (1) As used in this section, “abuse reporting hotline” means a statewide toll-free telephone number operated by the Department of Human Services for reporting suspected abuse
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(2) The department shall develop and maintain a centralized child abuse reporting system. The system must include the abuse reporting hotline for oral reports of suspected abuse and a website for electronic reports of suspected child abuse. [2023 c.132 §1] Note: 418.190 was enact…
ORS 418.191 [1985 c.549 §§3,7; 1993 c.678 §1; 1995 c.440 §43; 1999 c.1053 §28; 1999 c.1084 §42; repealed by 1999 c.1084 §56]
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[Repealed or reserved.]
ORS 418.193 [1985 c.549 §4; 1993 c.678 §2; 1995 c.440 §44; 1999 c.1053 §29; 1999 c.1084 §43; repealed by 1999 c.1084 §56]
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FOSTER CHILDREN (School Attendance)
ORS 418.194 Scheduling visitation around school attendance; records. (1) As used in this section
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(a) “Foster care” has the meaning given that term in ORS 339.133. (b) “Visitation” does not include medical appointments, court appearances or interviews with law enforcement or the Department of Human Services. (2) When scheduling visitations for a child in foster care, the depa…
ORS 418.195 [1985 c.549 §5; 1999 c.1084 §44; repealed by 1999 c.1084 §56]
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(Personal Effects)
ORS 418.196 Transportation of foster child’s personal effects. (1) The Department of Human Services shall procure, distribute and maintain an inventory of appropriate carriers for child welfare case workers to use when transporting the personal effects of a foster child, including when the foster child is entering into or transitioning or exiting from foster care
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(2) The department may not use trash bags to transport a foster child’s personal effects. [2025 c.143 §1] Note: 418.196 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…
ORS 418.197 [1985 c.549 §6; 1999 c.1084 §45; repealed by 1999 c.1084 §56]
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[Repealed or reserved.]
ORS 418.198 [1995 c.440 §46; repealed by 1999 c.1084 §37]
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[Repealed or reserved.]
ORS 418.199 [1985 c.549 §8; 1987 c.771 §3; 1989 c.966 §48; 1993 c.678 §3; 1995 c.440 §48; repealed by 1999 c.1084 §37]
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(Oregon Foster Children’s Bill of Rights)
ORS 418.200 Definitions. As used in ORS 418.200 to 418.202, “foster child” means a child who is in the legal custody of the Department of Human Services pursuant to the provisions of ORS chapter 418, 419B or 419C and who is or was placed in substitute care with a foster parent, a child-caring agency as defined in ORS 418.205 or an independent residence facility established, licensed, certified or authorized by the department under ORS 418.475. [2013 c.515 §1; 2021 c.59 §2]
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Note: 418.200 to 418.202 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 418.201 Legislative intent. It is the intent of the Legislative Assembly that each foster child have certain essential rights, including but not limited to the following
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(1) To have the ability to make oral and written complaints about care, placement or services that are unsatisfactory or inappropriate, and to be provided with information about a formal process for making complaints without fear of retaliation, harassment or punishment. (2) To b…
ORS 418.202 Oregon Foster Children’s Bill of Rights; rules. (1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Bill of Rights, specifying the rights of foster children consistent with the provisions of ORS 418.201
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(2) The department shall periodically review the rules establishing the Oregon Foster Children’s Bill of Rights to ensure that the bill of rights complies with the principles and requirements set forth in ORS 418.201. The department shall promote the participation of current and …
ORS 418.203 Prohibitions on discipline or retaliation for speaking about services received. It is the policy of this state that a child, ward or youth may not be prohibited from, disciplined for or retaliated against for publicly or privately speaking about the child, ward or youth’s experience receiving child welfare services. [2021 c.387 §9]
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Note: 418.203 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 to Oregon Revised Statutes for further explanation. (Temporary provisions relating to notices to children…
ORS 418.204 [2019 c.619 §1; repealed by 2020 s.s.1 c.19 §19a]
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CHILD-CARING AGENCIES; PLACEMENT IN FOSTER HOMES BY CHILD-CARING AGENCIES
ORS 418.205 Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998. As used in ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998, unless the context requires otherwise
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(1) “Child” means an unmarried person under 21 years of age who resides in or receives care or services from a child-caring agency. (2)(a) “Child-caring agency” means: (A) Any private school, private agency, private organization or county program providing: (i) Day treatment for …
ORS 418.210 Application of ORS 418.205 to 418.327. ORS 418.205 to 418.327 shall not apply to
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(1) Homes established and maintained by fraternal organizations wherein only members, their spouses and surviving spouses in marriages and children are admitted as residents; (2) Any foster home that is subject to ORS 418.625 to 418.645; (3) Any child care facility that is subjec…
ORS 418.215 Child-caring agency to be licensed, certified or authorized. (1) A child-caring agency may not provide or engage in any care or services described in ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency is licensed, certified or otherwise authorized to provide or engage in the provision of care or services to a child by the Department of Human Services under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970
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(2) A child-caring agency that provides care or services to a child may not be licensed, certified or authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency: (a) Is duly incorporated under the corporation laws of any state; or (b) Is a c…
ORS 418.220 [Formerly 419.108; 1971 c.401 §14; 1975 c.310 §4; 1983 c.510 §4; repealed by 1987 c.94 §171]
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[Repealed or reserved.]
ORS 418.225 [Formerly 419.110; 1971 c.401 §15; 1975 c.310 §5; 1975 c.795 §2; 1983 c.510 §5; repealed by 1987 c.94 §171]
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[Repealed or reserved.]
ORS 418.230 [Formerly 419.112; repealed by 1983 c.510 §21]
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[Repealed or reserved.]
ORS 418.235 [Formerly 419.114; 1971 c.401 §16; 1973 c.367 §17; 1983 c.510 §6; repealed by 1987 c.94 §171]
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[Repealed or reserved.]
ORS 418.240 Licensing, certification and authorization criteria; duration; fees; rules. (1) All child-caring agencies shall obtain from the Department of Human Services a license, certificate or other authorization to provide care or services to children under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970. The criteria for issuance, renewal, suspension or revocation of, or for placing conditions on, a license, certificate or authorization under this section must
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(a) Be set forth in rules adopted by the department; (b) Include the full compliance requirements set forth in subsection (2) of this section; and (c) Include, but are not limited to, the following: (A) The fitness of the child-caring agency. (B) The employment of capable, traine…
ORS 418.241 Licensing of secure transportation services providers; licensing exemptions; mandatory disclosures; rules. (1) As used in this section
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(a) “Certified foster home” means a foster home certified by the Department of Human Services and subject to ORS 418.625 to 418.645. (b) “Child-caring agency” has the meaning given that term under ORS 418.205. (c) “Developmental disabilities residential facility” means a resident…
ORS 418.243 [2001 c.809 §3; repealed by 2017 c.532 §17]
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[Repealed or reserved.]
ORS 418.244 [2001 c.809 §5; repealed by 2017 c.532 §17]
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[Repealed or reserved.]
ORS 418.245 [Formerly 419.118; repealed by 1975 c.310 §9]
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[Repealed or reserved.]
ORS 418.246 Bond for outdoor youth program licensure. (1) In addition to any requirements for licensure established by the Department of Human Services, each outdoor youth program that is applying for licensure as a child-caring agency shall file with the department a bond in the amount of $50,000 or 50 percent of the program’s yearly budget, whichever amount is less. The bond shall be issued by a surety company or an insured institution, as defined in ORS 706.008, authorized to do business in this state
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(2) The bond required under subsection (1) of this section shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section. The surety or insured institution shall give the department at least 30 days’ written notice befor…
ORS 418.248 Certification of proctor foster homes; rules. (1) A child-caring agency may certify a proctor foster home as a provider of care or services for children. The child-caring agency may not certify a proctor foster home under this section unless the child-caring agency determines that the proctor foster home meets minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable. The determination that a proctor foster home meets minimum standards and the certification by the child-caring agency must take place before placement of a child in the proctor foster home
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(2)(a) Prior to certification as a proctor foster home, an applicant shall provide the department or the youth authority, as applicable, and the child-caring agency with a release of information or other authorization sufficient to enable the department or the youth authority to …
ORS 418.250 Supervision of child-caring agencies. In order to enable the Department of Human Services to supervise and monitor all child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 and all providers of care or services to children in this state, and to safeguard children receiving care or services from such agencies or providers, the department may require the child-caring agency or provider, and any juvenile court as defined in ORS 419A.004, to provide at any time, in the manner prescribed by rules adopted by the department, such information as the department requires with respect to a child who is receiving care or services from the agency or provider, or who is the subject of an order entered by the juvenile court. All information requested or received by the department under this section is confidential and not subject to public disclosure or inspection. [Formerly 419.120; 1971 c.401 §18; 2016 c.106 §9; 2018 c.40 §1]
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[Repealed or reserved.]
ORS 418.255 Inspection and supervision; training; rules. (1) The Department of Human Services shall inspect and supervise all child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 as provided in this section
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(2) Inspections of the premises of a child-caring agency shall occur no less frequently than once per year and shall be made at unexpected times, with irregular intervals between inspections and without previous notice to the agency. Inspections under this subsection shall be lim…
ORS 418.256 Interference with disclosure of information; rules. (1) A child-caring agency may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the child-caring agency, violations of licensing or certification requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency to
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(a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the child-caring agency; or (b) A family member, guardian or other person who is acting on behalf of the child. (2) A child-caring agency interferes with the dis…
ORS 418.257 Definitions for ORS 418.257 to 418.259. As used in ORS 418.257 to 418.259
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(1) “Abuse” means one or more of the following: (a) Any physical injury to a child in care caused by other than accidental means, or that appears to be at variance with the explanation given of the injury. (b) Neglect of a child in care. (c) Abandonment, including desertion or wi…
ORS 418.258 Report of suspected abuse; notifications; investigation. (1) When the Department of Human Services becomes aware of a report of suspected child abuse of a child in care, whether in the form of an allegation, complaint or formal report made under this section, and whether made directly to the Director of Human Services, the department or an employee of the department, to the centralized child abuse reporting system described in ORS 418.190, through the mandatory abuse reporting process set forth in ORS 419B.005 to 419B.050 or otherwise, the department shall immediately
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(a) Notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, certified foster homes and developmental disabilities residential facilities. (b) Notify any governmental age…