Title 34, Human Services; Juvenile Code; Corrections

(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…

As used in ORS 418.606 to 418.608: (1) “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 or 419B and who is placed in substitute care, including but not limited to care with a foster parent o…

It is the intent of the Legislative Assembly that siblings who are foster children have certain essential rights, including but not limited to the following: (1) To obtain substitute care placements together whenever safe and appropriate. (2) To maintain contact and visits with s…

(1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Sibling Bill of Rights, specifying the rights of foster children who are siblings consistent with the provisions of ORS 418.607. (2) The department shall periodically review the rules…

Nothing in ORS 418.606 to 418.608 affects the application of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [2017 c.36 §4] Note: See note under 418.606.

As used in ORS 418.625 to 418.645: (1) “Certificate” means a written approval to operate a foster home issued by the Department of Human Services on a form prescribed by the department that states the name of the foster parent, the address of the premises to which the certificate…

(1) A person providing a foster home to an American Indian child shall be eligible for payments under ORS 418.625 to 418.645 regardless of the relationship by blood or marriage that the person has to the child where the child’s placement in the foster home is pursuant to the Indi…

No person shall operate a foster home without a certificate of approval issued by the Department of Human Services. [Formerly 419.404; 1971 c.401 §45]

Application for a certificate to operate a foster home shall be made to the Department of Human Services upon a form to be furnished by the department. Upon receipt of such application, the department shall cause an investigation of the qualifications of the foster home to be mad…