Chapter 419B — Chapter 419B

ORS 419B.005 As used in ORS 419B.005 to 419B.050, unless the context requires otherwise

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ORS 419B.007 Policy. The Legislative Assembly finds that for the purpose of facilitating the use of protective social services to prevent further abuse, safeguard and enhance the welfare of abused children, and preserve family life when consistent with the protection of the child by stabilizing the family and improving parental capacity, it is necessary and in the public interest to require mandatory reports and investigations of abuse of children and to encourage voluntary reports. [1993 c.546 §13]

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ORS 419B.010 Duty of officials to report child abuse; exceptions; penalty. (1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295 or 419B.234 (6) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem appointed under ORS 419B.231 is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295 or 419B.234 (6). An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client

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ORS 419B.015 Report form and content; notice. (1)(a) A person making a voluntary report of child abuse shall make an oral report to the Department of Human Services by telephone to the child abuse reporting hotline described in ORS 418.190 or to a law enforcement agency within the county where the person making the report is located at the time of the contact. A person making a report of child abuse that is required by ORS 419B.010 shall make the report to the department through the centralized child abuse reporting system described in ORS 418.190 or to a law enforcement agency within the county where the person making the report is located at the time of the contact. The report must contain, if known, the names and addresses of the child and the parents of the child or other persons responsible for care of the child, the child’s age, the nature and extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information that the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator

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ORS 419B.016 Offense of false report of child abuse. (1) A person commits the offense of making a false report of child abuse if, with the intent to influence a custody, parenting time, visitation or child support decision, the person

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ORS 419B.017 Time limits for notification between law enforcement agencies and Department of Human Services; rules. (1) The Department of Human Services shall adopt rules establishing

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ORS 419B.019 Investigation of report involving school; notification; report to Legislative Assembly; rules. (1) As used in this section

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ORS 419B.020 Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation. (1) If the Department of Human Services or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately

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ORS 419B.021 Degree requirements for persons conducting investigation or making determination regarding child. (1) Except as provided in subsection (2) of this section, a person who conducts an investigation under ORS 419B.020, makes a determination that a child must be taken into protective custody under ORS 419B.150 or 419B.152 or makes a determination that a child should not be released to the child’s parent or other responsible person under ORS 419B.165 (1)(b) must have

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ORS 419B.022 [2007 c.674 §1; 2019 c.555 §7; renumbered 418.804 in 2019]

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ORS 419B.023 Duties of person conducting investigation under ORS 419B.020. (1) As used in this section

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ORS 419B.024 [2007 c.674 §4; 2017 c.469 §1; 2019 c.555 §6; renumbered 418.811 in 2019]

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ORS 419B.025 Immunity of person making report in good faith. Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. [1993 c.546 §17]

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ORS 419B.026 Required findings for investigation conducted under ORS 419B.020. (1) An investigation conducted under ORS 419B.020 must conclude in one of the following findings

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ORS 419B.027 Notice of founded disposition. Whenever an investigation conducted under ORS 419B.020 results in a notice of founded disposition being delivered to the person identified as the perpetrator in the founded disposition, the notice must also be provided to the person’s attorney, if applicable. [2023 c.188 §1]

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ORS 419B.028 Photographing child during investigation; photographs as records. (1) In carrying out its duties under ORS 419B.020, any law enforcement agency or the Department of Human Services may photograph or cause to have photographed any child subject of the investigation for purposes of preserving evidence of the child’s condition at the time of the investigation. Photographs of the anal or genital region may be taken only by medical personnel

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ORS 419B.029 Power to subpoena documents and records in child abuse investigations. In connection with an investigation under ORS 419B.020, the Director of Human Services may by subpoena compel the production of documents and records, including audio records, video records, photographs and student records, that the director deems relevant or material to the investigation. [2023 c.195 §1]

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ORS 419B.030 Central registry of reports. (1) A central state registry shall be established and maintained by the Department of Human Services. The local offices of the department shall report to the state registry in writing when an investigation has shown reasonable cause to believe that a child’s condition was the result of abuse even if the cause remains unknown. Each registry shall contain current information from reports cataloged both as to the name of the child and the name of the family

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ORS 419B.035 Confidentiality of records; when available to others; rules. (1) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.478 and 192.610 to 192.810 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and may not be disclosed except as provided in this section. The Department of Human Services shall make the records available to

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ORS 419B.040 Certain privileges not grounds for excluding evidence in court proceedings on child abuse. (1) In the case of abuse of a child, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding a child’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 419B.010 to 419B.050

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ORS 419B.045 Investigation conducted on school premises; notification; role of school personnel. (1) The Department of Human Services or a law enforcement agency has the authority to conduct an investigation, on school premises, of a report of child abuse

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ORS 419B.050 Authority of health care provider to disclose information; immunity from liability. (1) Upon notice by a law enforcement agency, the Department of Human Services, a member agency of a county child abuse multidisciplinary team or a member of a county child abuse multidisciplinary team that a child abuse investigation is being conducted under ORS 419B.020, a health care provider must permit the law enforcement agency, the department, the member agency of the county child abuse multidisciplinary team or the member of the county child abuse multidisciplinary team to inspect and copy medical records, including, but not limited to, prenatal and birth records, of the child involved in the investigation without the consent of the child, or the parent or guardian of the child. A health care provider who in good faith disclosed medical records under this section is not civilly or criminally liable for the disclosure

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ORS 419B.055 Action by Attorney General for protective order on behalf of department employee; written request; eligible employees. (1) The Attorney General may bring an action in a circuit court for a citation or a stalking protective order under ORS 30.866 or 163.730 to 163.750 on behalf of an employee of the Department of Human Services who, because of being involved in the conduct described in subsection (3) of this section, is the subject of repeated and unwanted contact by another person that causes alarm or coercion to the employee. The Attorney General’s responsibility under this subsection is limited to circumstances in which an employee of the department submits a written request to the Attorney General that

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ORS 419B.090 Juvenile court; jurisdiction; policy. (1) The juvenile court is a court of record and exercises jurisdiction as a court of general and equitable jurisdiction and not as a court of limited or inferior jurisdiction. The juvenile court is called “The _________ Court of _________ County, Juvenile Department.”

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ORS 419B.100 Jurisdiction; bases; Indian children. (1) Except as otherwise provided in subsection (5) of this section and ORS 107.726, the juvenile court has exclusive original jurisdiction in any case involving a person who is under 18 years of age and

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ORS 419B.110 Emergency medical care; court may authorize. Whether or not a petition has been filed, if a child requires emergency medical care, including surgery, and no parent is available or willing to consent to the care, a judge of the juvenile court may authorize the care. The judge may thereafter direct the filing of a new petition. [1993 c.546 §24]

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ORS 419B.112 Court appointed special advocate; duties; immunity; access to information; funding; rules. (1) In every case under ORS chapter 419B, the court shall appoint a court appointed special advocate. The court appointed special advocate is deemed a party in these proceedings and may be represented by counsel, file pleadings and request hearings and may subpoena, examine and cross-examine witnesses. If the court appointed special advocate is represented by counsel, counsel shall be paid from funds in the Court Appointed Special Advocate Fund established under ORS 184.498. Counsel representing a court appointed special advocate may not be paid from moneys in the Public Defense Services Account established by ORS 151.225, from moneys appropriated to the Oregon Public Defense Commission or from Judicial Department operating funds

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ORS 419B.115 [1993 c.546 §25; 1997 c.479 §2; 1997 c.873 §21; 1999 c.859 §7; 2001 c.214 §1; 2001 c.622 §§39,39a; 2001 c.962 §83; renumbered 419B.875 in 2001]

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ORS 419B.116 Intervention; caregiver relationship; rights of limited participation. (1)(a) As used in this section, “caregiver relationship” means a relationship between a person and a child or ward

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ORS 419B.117 Notice to parents or guardian of child; when given; contents. (1) At the first appearance by the parents or guardian of a child before the court, the court shall inform the parents or guardian verbally and provide a standard notice describing

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ORS 419B.118 Venue. (1) Subject to the provisions of subsections (2), (3) and (4) of this section, a juvenile court proceeding shall commence in the county of wardship if, at the commencement of the proceeding, wardship exists as a result of proceedings under this chapter, or, in the absence of such wardship, in the county where the child resides

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ORS 419B.121 Return of runaway children to another state. (1) As used in this section, “home state” and “out-of-state runaway” have the meanings given those terms in ORS 419C.156

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ORS 419B.124 Transfer to juvenile court from another court. If during the pendency of a proceeding in any court other than a juvenile court it is ascertained that the age of the person who is the subject of the proceeding is such that the matter is within the exclusive jurisdiction of the juvenile court, it is the duty of the court in which the proceeding is pending to transfer the proceeding to the juvenile court of the county in which the proceeding is pending. The clerk of the court transferring the proceeding shall notify the clerk of the juvenile court of the transfer. [1993 c.33 §56; 2017 c.252 §16]

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ORS 419B.127 Transfer to court of county of child or ward’s residence. (1) A court, on its own motion or on the motion of a party made at any time prior to disposition, shall transfer a proceeding to the court of the county where a child resides if the proceeding was initiated in a court of a county other than the county where the child resides

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ORS 419B.130 Delegation of jurisdiction by county of residence. When a juvenile court proceeding is pending in a county other than the county in which the child resides and the case is transferable under ORS 419B.124 or 419B.127, the juvenile court of the county in which the child resides may authorize the court in which the case is pending to proceed with the case in either of the following ways when it will facilitate disposition of the case without adverse effect on the interests of the child

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ORS 419B.132 Delegation of jurisdiction among county juvenile courts. When a proceeding is pending in the juvenile court of any county, the juvenile court of that county may authorize the juvenile court of any other county to do one or both of the following, when it will facilitate the disposition of the case without adverse effect on the interests of the child or ward

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ORS 419B.135 Transfer of case; transportation of child or ward. If the child or ward who is the subject of the proceeding is, at the time of a transfer or temporary transfer provided for in ORS 419B.127, 419B.130 and 419B.132, in shelter care or for other reason needs transportation to the other county, the county in which the child or ward resides shall make such order or provision for the transportation and safekeeping of the child or ward as is appropriate in the circumstances, including an order directing any peace officer of the county in which the child or ward resides to transfer the child or ward in the manner directed. [1993 c.33 §60; 2003 c.396 §39]

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ORS 419B.150 When protective custody authorized; protective custody order. (1) As used in this section

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ORS 419B.152 Protective custody of runaway child. (1) If it reasonably appears that a child is a runaway, the child may be taken into protective custody by a peace officer, counselor, employee of the Department of Human Services or any other person authorized by the juvenile court of the county in which the child is found

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ORS 419B.155 Protective custody not arrest. (1) Protective custody shall not be deemed an arrest so far as the child is concerned

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ORS 419B.157 Jurisdiction attaches at time of custody. Except as otherwise provided in ORS 419B.168, 419C.094 and 419C.103, the jurisdiction of the juvenile court of the county in which a child is taken into protective custody shall attach from the time the child is taken into custody. [1993 c.33 §63; 1993 c.546 §29]

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ORS 419B.160 Prohibition on detention; exceptions; place of holding; record; parental notice required. (1)(a) A child or ward taken into protective custody may not be placed in detention except as provided in ORS chapter 419C for a person over whom the juvenile court has jurisdiction under ORS 419C.005

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ORS 419B.165 Release of child taken into custody; rules. (1) Subject to subsection (2) of this section, the person taking the child into protective custody shall release the child to the custody of the child’s parent or other responsible person in this state, except in the following cases

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ORS 419B.168 Procedure when child is not released. (1) If a child taken into protective custody is not released as provided in ORS 419B.165 and the juvenile court for the county has not established the alternative procedure authorized in subsection (4) of this section, the person taking the child into protective custody shall, without unnecessary delay, do one of the following

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ORS 419B.171 Report required when child is taken into protective custody. (1) Except where the child is taken into protective custody pursuant to an order of the court, the person taking the child into protective custody shall promptly file with the court or a counselor a brief written report stating all of the following

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ORS 419B.175 Initial disposition of child taken into protective custody. (1) This subsection establishes the authority and procedures that apply to a person designated by a court to effect disposition of a child taken into protective custody or brought before the court under ORS 419B.160, 419B.165, 419B.168 or 419B.171. The person shall, when the person has taken protective custody of a child or has authority to effect disposition of a child taken into protective custody

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ORS 419B.180 Shelter facilities. The juvenile court of each county shall designate the place or places in which children are to be placed in shelter care when taken into protective custody. [1993 c.33 §68; 1993 c.546 §34; 2019 c.382 §14]

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ORS 419B.183 Speedy hearing required. A child or ward may not be held in shelter care more than 24 hours, excluding Saturdays, Sundays and judicial holidays, except on order of the court made pursuant to a hearing. [1993 c.33 §70; 2003 c.396 §41; 2019 c.382 §15]

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ORS 419B.185 Evidentiary hearing. (1) When a child or ward is taken, or is about to be taken, into protective custody pursuant to ORS 419B.150, 419B.152, 419B.160, 419B.165, 419B.168 or 419B.171 and placed in shelter care, a parent, child or ward shall be given the opportunity to present evidence to the court at the hearings specified in ORS 419B.183, and at any subsequent review hearing, that the child or ward can be returned home without further danger of suffering physical injury or emotional harm, endangering or harming others, or not remaining within the reach of the court process prior to adjudication

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ORS 419B.190 [1993 c.295 §2; 1997 c.863 §3; 1999 c.65 §1; 2001 c.622 §37; renumbered 419B.845 in 2001]

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