Title 34, Human Services; Juvenile Code; Corrections

As used in ORS 419B.005 to 419B.050, unless the context requires otherwise: (1)(a) “Abuse” means: (A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child that has been caused by other than accidental means, including any injury that appears t…

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 f…

(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 t…

(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…

(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: (a) Makes a false report of child abuse to the Department of Human Services or a law enforcement …

(1) The Department of Human Services shall adopt rules establishing: (a) The time within which the notification required by ORS 419B.015 (1)(b) must be made. At a minimum, the rules shall: (A) Establish which reports of child abuse require notification within 24 hours after recei…

(1) As used in this section: (a) “Agent” means a person who: (A) Acts as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and (B) Interacts with a child because of the person’s status as an agent for an ed…

(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: (a) Cause an investigation to be made to determine the nature and cause of the abuse of the child; and (b) Make the following noti…

(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 release…

(1) As used in this section: (a) “Designated medical professional” means the person described in ORS 418.747 (9) or the person’s designee. (b) “Medical assessment” has the meaning given that term in ORS 418.782. (c) “Suspicious physical injury” includes, but is not limited to: (A…

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 r…

(1) An investigation conducted under ORS 419B.020 must conclude in one of the following findings: (a) That the report of child abuse is founded; (b) That the report of child abuse is unfounded; or (c) That the report of child abuse cannot be determined. (2) All investigations con…

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] Note…

(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 in…

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 inve…

(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 res…

(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…

(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 pr…

(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. (2) When an investigation of a report of child abuse is conducted on school premises, the school administrator shall fir…

(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 healt…

(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 …

(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.” (2)(a) It i…

(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: (a) Who is beyond the control of the person’s parents, guardian or other per…

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 petitio…

(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 c…

(1)(a) As used in this section, “caregiver relationship” means a relationship between a person and a child or ward: (A) That has existed: (i) For the 12 months immediately preceding the initiation of the dependency proceeding; (ii) For at least six months during the dependency pr…

(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: (a) The obligation of the parents or guardian to pay for compensation and reasonable expenses for …

(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…

(1) As used in this section, “home state” and “out-of-state runaway” have the meanings given those terms in ORS 419C.156. (2) Notwithstanding any provisions in ORS chapter 419A, 419B or 419C prohibiting the detention of children or wards, if the court determines that a child or w…

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 whi…

(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. (2)…

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 t…

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…

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 r…

(1) As used in this section: (a) “Abuse” has the meaning given that term in ORS 419B.005. (b) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (c) “Severe harm” means: (A) Life-t…

(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. (2) W…

(1) Protective custody shall not be deemed an arrest so far as the child is concerned. (2) A peace officer taking a child into protective custody has all the privileges and immunities of a peace officer making an arrest. [1993 c.33 §62; 1993 c.546 §28]

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]

(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. (b) Except as provided in ORS 419C.130, a child or ward may not be held at any…

(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: (a) Where the court has issued an order direct…

(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, wi…

(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: (a) The child’s name, age and …

(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 pers…

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]

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]

(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 …

(1) As used in this section: (a) “Caregiver relationship” has the meaning given that term in ORS 419B.116. (b) “Placement” includes adoptive placement of a child or ward, selection of a guardian for a child or ward or placement or continuation of placement of a child or ward in s…

(1) If the Department of Human Services places a child or ward in substitute care, the department shall immediately begin searching for potential substitute care placements from among the relatives of the child or ward. (2) If the department places a child or ward with a person w…

(1) As used in this section: (a) “Extracurricular activities” means age-appropriate or developmentally appropriate activities as follows: (A) Activities or items that are generally accepted as suitable for children or wards of the same chronological age or level of maturity or th…

(1) If the child, ward, parent or guardian requests counsel for the child or ward but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court may appoi…