Title 34, Human Services; Juvenile Code; Corrections

(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. (2) No emp…

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 …

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 …

(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. (2) The …

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. […

(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…

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]

(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 …

(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. (2)(a) The Department of Human Services shall develop and administer a voluntary placement program to support a young adult who was previously in th…

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 c…

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 resid…

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 sha…

(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: (a) The out-of-state child-caring agency is licensed to provide or engage in the provision of care or services by the department under ORS 418.205 to 418…

(1) As used in this section: (a) “Congregate care residential setting” means any setting that cares for more than one child or ward and is not a setting described in ORS 418.205 (2)(c)(A), (D), (E) or (F) or (10). (b) “Sex trafficking” means the recruitment, harboring, transporta…

A program is a qualified residential treatment program if it: (1) Provides residential care and treatment to a child who, based on an independent assessment described in ORS 418.324, requires specialized, evidence-based, as defined by the Department of Human Services by rule, sup…

(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. (2) The assessment described in this sec…

(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 …

(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 …

(1) As used in this section: (a) “Child” means: (A) A person under 18 years of age; (B) A person under 21 years of age if the Department of Human Services determines that the person has a mental or physical disability that warrants the continuation of assistance; or (C) A person …

(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. (2) The department shall set the amount of payments under ORS 418.330 through negotiations with the prospect…

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]

(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 t…

As used in ORS 418.351 to 418.357: (1) “Client” means a parent or guardian or other person seeking a referral or recommendation for programs for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency or disability-related…

(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: (a) A description…

(1) A person may not provide a residential care referral unless the person is registered with the Department of Human Services under this section. (2) The department shall issue a registration to provide residential care referrals to an applicant that meets requirements establish…

(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 di…

(1) The Department of Human Services may engage and make reasonable payment for services of persons to make available, maintain and operate shelter-care homes for the safekeeping of children taken into temporary custody pending investigation and disposition. (2) The services, pur…

The governing body of a county or its designee in a county with a population of less than 400,000 may allow the operation of a shelter-care home, as defined in ORS 418.470, upon a lot or parcel in any zone, including an exclusive farm use or forest use zone, if the shelter-care h…

(1) Within the limit of moneys appropriated therefor, the Department of Human Services may establish, license, certify or authorize independent residence facilities for unmarried persons who: (a)(A) Are at least 16 years of age and not older than 20 years of age; (B) Have been pl…

As used in ORS 418.480 to 418.500, “purchase of care” includes the purchase of institutional and foster family care and services, adoptive services, services provided by Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, services to an unmarr…

It is the policy of the State of Oregon to strengthen family life and to ensure the protection of all children either in their own homes or in other appropriate care outside their homes. In affording such protection, the Director of Human Services shall, in cooperation with child…

In carrying out the policies of this state as stated in ORS 418.485, it shall be the responsibility of the Director of Human Services to coordinate the activities of all state agencies that have responsibilities for care of children to insure the best care possible and to avoid d…

(1) Within the limits of funds available therefor, the Department of Human Services may enter into agreements and contracts with child-caring agencies, Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, other appropriate providers of care or …

Subject to ORS 418.322, if the Department of Human Services determines that need exists for care and treatment of a child who is eligible for such care and treatment that is not available through any public or private agency or facility in this state, it may enter into an agreeme…

(1) As used in this section, “cost to raise a child” means the amount a family will spend per child as estimated in the most recent United States Department of Agriculture report on Expenditures on Children by Families, adjusted for inflation. (2) Not later than July 1 of each ev…

(1) As used in this section: (a) “Medically accepted indication” means any use for a covered outpatient drug that is approved under the Federal Food, Drug and Cosmetic Act, or recommended by the Pharmacy and Therapeutics Committee created by ORS 414.353, or the use of which is su…

As used in ORS 418.519 to 418.532: (1) “Certified foster home” means a foster home subject to ORS 418.625 to 418.645. (2) “Chemical restraint” means a drug or medication that is administered to a child in care to control behavior or restrict freedom of movement. (3) “Child-caring…

(1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contr…

(1) Except as otherwise provided in this section, a child-caring agency, proctor foster home or developmental disabilities residential facility may only place a child in care in a restraint or involuntary seclusion if the child in care’s behavior poses a reasonable risk of immine…

(1) A program shall establish procedures for the program to follow when a child in care is placed in a restraint or involuntary seclusion. The procedures must be consistent with the provisions of this section and ORS 418.521 and 418.523. (2)(a) A program shall maintain a record o…

(1) A program must prepare and submit to the Department of Human Services a quarterly report detailing the program’s use of restraint and involuntary seclusion for the preceding three-month period, including, at a minimum: (a) The total number of incidents involving restraint. (b…

(1)(a) The Department of Human Services shall adopt by rule training standards and certification requirements regarding the placement of a child in care in a restraint or involuntary seclusion, consistent with this section. (b) The department shall designate two or three national…

(1) Each child in care receiving services from a child-caring agency must be provided with information that: (a) Explains the provisions of ORS 418.519 to 418.532; (b) Provides instruction regarding how a child in care may report suspected inappropriate use of restraint or involu…

As used in ORS 418.575 to 418.598: (1) “Child” means a child who qualifies for child welfare services provided by the Department of Human Services. (2) “Client-focused functional outcome measures” means objective, observable measures of outcomes for services provided to a child a…

The Legislative Assembly finds that: (1) There is growing empirical evidence that severe trauma may result when children are removed from their families, and that this trauma may give rise to negative outcomes that last a lifetime, cause intergenerational patterns of addiction, a…

(1) To the extent practicable using available resources, the Department of Human Services and county partners shall implement Strengthening, Preserving and Reunifying Families programs as described in this section. County partners are encouraged to form collaborations with progra…

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Strengthening, Preserving and Reunifying Families Program Fund. Interest earned by the Strengthening, Preserving and Reunifying Families Program Fund shall be credited to the fund. Th…

(1) The Department of Human Services shall seek federal approval, renewal of an existing waiver of federal requirements or a new waiver of federal requirements as necessary to access federal savings that have accrued to the state as a result of a reduction in the cost of foster a…

(1) In considering what constitutes reasonable or active efforts or whether reasonable or active efforts have been made under ORS 419B.185, 419B.337, 419B.340, 419B.470, 419B.476, 419B.498, 419B.645 or 419C.173, the Department of Human Services and the juvenile court shall consid…

(1) The Department of Human Services shall adopt rules to implement the provisions of ORS 418.575 to 418.598. (2) Rules adopted by the department under subsection (1) of this section may not require reporting and compilation of data that exceed the minimum required for the depart…