Title 34, Human Services; Juvenile Code; Corrections

As used in ORS 418.005 to 418.030, “child” or “juvenile” means an individual under 21 years of age. [1973 c.827 §34]

(1) In order to establish, extend and strengthen welfare services for the protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent, the Department of Human Services may: (a) Make all necessary rules and regulations for administ…

Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child or of the person standing in loco par…

(1) The Department of Human Services may, in its discretion, accept custody of children and may provide care, support and protective services for children who are dependent or neglected, who have mental or physical disabilities or who for other reasons are in need of public servi…

(1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181A.195 and ORS chapter 418 to requi…

(1) A parent may leave an infant at an authorized facility in the physical custody of an agent, employee, physician or other medical professional working at the authorized facility if the infant: (a) Is 60 days of age or younger as determined to a reasonable degree of medical cer…

(1)(a) The Department of Human Services shall inform the public about the provisions of ORS 418.017 and the affirmative defense created in ORS 163.535. (b) An authorized facility, as defined in ORS 418.017, shall post and maintain signs outside of the facility notifying the publi…

The governing body of any county may expend as aid for homeless, neglected or abused children, foundlings or orphans, wayward children or children in need of correctional or institutional care or committed to a youth care center, as defined in ORS 420.855, the whole or any part o…

(1) The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may: (a) Conduct programs and carry on and coordinate activities for the prevention, reduction or control of juvenile delinquency, including but not limited to …

(1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment…

The Department of Human Services may provide consultation services related to the prevention, control and treatment of juvenile delinquency to local and statewide public and private agencies, groups and individuals or may initiate such consultation services. Consultation services…

(1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, the state shall, by operation of law, be assignee of and subrogated to any righ…

The Department of Human Services may release pertinent portions of client or provider records to citizen review boards established by the department to hear client or provider grievances pursuant to rules of the department. The citizen review boards may make such information avai…

(1) Notwithstanding ORS 169.140 or any other provision of law, within the availability of funds therefor, the Department of Human Services shall be responsible for the costs and expenses associated with the provision of medical care for any child in the care and custody of the De…

On or before November 1 of each even-numbered year, the Department of Human Services shall develop and submit a report to the appropriate legislative interim committees dealing with child welfare matters. The report must be disaggregated by race, cover the prior 24-month period a…

(1) It is the policy of this state that an individual may not be disqualified from providing child welfare services to a child or ward: (a) For the sole reason that the individual received child welfare services as a child or youth; (b) For the sole reason that the individual is …

(1) The Governor’s Child Foster Care Advisory Commission is established. (2)(a) The commission consists of 13 members appointed by the Governor. (b) Notwithstanding paragraph (a) of this subsection, if a member of the commission is a representative of the Judicial Department, the…

(1) The members of the Governor’s Child Foster Care Advisory Commission must be residents of this state with experience and expertise in the foster care system in this state, including but not limited to: (a) Current or former foster parents and current or former foster children;…

(1) The Governor’s Child Foster Care Advisory Commission shall advise the Governor, the Director of Human Services, the Director of the Oregon Health Authority and the Director of the Oregon Youth Authority, and make recommendations for legislation, regarding the foster care syst…

(1) The Governor’s Child Foster Care Advisory Commission may establish any advisory or technical committees the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. Persons w…

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 nonprof…

(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. (2) The department shall develop and maintain a centralized child abuse reporting system. The system mus…

(1) As used in this section: (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 c…

(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 ex…

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 d…

It is the intent of the Legislative Assembly that each foster child have certain essential rights, including but not limited to the following: (1) To have the ability to make oral and written complaints about care, placement or services that are unsatisfactory or inappropriate, a…

(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. (2) The department shall periodically review the rules establishing the Oregon …

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] Note: 418.203 was enacted …

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: (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)(…

ORS 418.205 to 418.327 shall not apply to: (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;…

(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 …

(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, suspens…

(1) As used in this section: (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 residenti…

(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 year…

(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 standa…

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 ca…

(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. (2) Inspections of the premises of a child-caring agency shall occur no less frequentl…

(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 a…

As used in ORS 418.257 to 418.259: (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) Aba…

(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 o…

(1) The investigation conducted by the Department of Human Services under ORS 418.258 must result in one of the following findings: (a) That the report is substantiated. A report is substantiated when there is reasonable cause to believe that the abuse of a child in care occurred…

(1) If the Department of Human Services receives a report or otherwise becomes aware that any suspected or founded abuses, deficiencies, violations or failures to comply with the full compliance requirements described in ORS 418.240 are occurring in a child-caring agency, whether…

(1) The Department of Human Services shall maintain a staff of a minimum of five full-time equivalent employees who are responsible for the issuance, renewal, suspension or revocation of, or for the placing of conditions on, licenses, certifications or other authorizations issued…

There is established in the General Fund of the State Treasury the Child-Caring Agencies Account. All moneys received by the Department of Human Services under ORS 418.998 (2) and such other moneys as may be otherwise made available by law shall be paid into the State Treasury an…

(1) All child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 shall report to the Department of Human Services at such times and with such information as the department prescribes in rules adopted by the department, including but not limi…

(1) If licensed for such purposes by the Department of Human Services, a child-caring agency may receive children from the children’s parents or legal guardians for special, temporary or continued care. Upon receiving a child under this section, the agency shall make inquiries, a…

(1) A child-caring agency shall be the guardian of each child released or surrendered to the agency under the conditions provided in ORS 418.270 and of each child committed to the agency by order of a court of competent jurisdiction. (2) The child-caring agency may retain a child…

(1) A child-caring agency may not place a child with a proctor foster home unless the home has been determined by the child-caring agency to meet minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable, an…

In addition to other powers and responsibilities of the Department of Human Services, the department has the same authority as a child-caring agency under ORS 418.270 to 418.280. In exercising this authority, the department shall comply with the provisions of ORS 418.270 to 418.2…

No person, agent, agency or institution of another state shall place a child in a child-caring agency or proctor foster home in this state without first having furnished the Department of Human Services such guarantee as the department may require against the child becoming a pub…