Title 34, Human Services; Juvenile Code; Corrections

(1) When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team. (2) The department shall assign the team required under subsection (1) of this section no later than the earlier of: (a) Ten days after the…

(1) Subject to subsection (2)(b) of this section, each Critical Incident Review Team assigned under ORS 418.811 shall submit a detailed, written final report to the Department of Human Services no later than the 100th day following the date the department assigned the team. (2)(a…

(1) After assigning a Critical Incident Review Team under ORS 418.811, the Department of Human Services shall immediately make the following information regarding the critical incident available on the department’s website: (a) The date of the critical incident and the age of the…

As used in ORS 418.925 to 418.945, “refugee child” is a person under 18 years of age who has entered the United States and is unwilling or unable to return to the person’s country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexu…

(1) The Department of Human Services shall not remove a refugee child from the child’s home pursuant to ORS 419B.150 or 419C.080 unless, in addition to the requirements of ORS 419B.150 or 419C.080, removal is necessary to prevent imminent serious emotional or physical harm to the…

Within one working day of the removal of a refugee child, the Department of Human Services shall file a petition with the juvenile court containing, in addition to the facts required by ORS 419B.809 or 419C.255, a specific and detailed account of the circumstances which led the d…

(1) No refugee child shall remain out of the child’s home pursuant to ORS 418.927 for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that: (a) Preventative or remedial services provided by the Department of Human Se…

Any person within the fifth degree of consanguinity of a refugee child may petition the juvenile court for standing in actions arising under ORS 419B.150, 419C.080 or 419C.088 equal to that of the primary parenting family where the primary parenting family has been determined inc…

When making any placement decision involving a refugee child under ORS 419B.150, 419B.152, 419C.080 or 419C.088, the Department of Human Services and the juvenile court shall consider that child’s culture and tradition. Unless shown to be inappropriate and inconsistent with the b…

The Department of Human Services shall maintain a record for each refugee child in its care containing: (1) The name, age, former residence, legal status, health records, sex, race and accumulated length of time in foster care; (2) The name, former residence, health history and c…

(1) In cooperation with refugee community resources, the Department of Human Services shall establish a Refugee Child Welfare Advisory Committee. The department shall assist the committee in its required tasks. (2) The committee shall: (a) Assist in the review of the department’s…

The Department of Human Services shall publish annually a report on refugee children in its care. The report shall include, by county and statewide, information on legal status, living arrangement, age, sex, race, accumulated length of time in foster care and other demographic in…

The Department of Human Services shall adopt rules necessary to implement ORS 418.925 to 418.945. [1985 c.358 §10] LOCAL RESIDENTIAL CHILD CARE FACILITIES

As used in ORS 418.950 to 418.970, unless the context requires otherwise: (1) “Agency” means any person or organization providing substitute residential care for an average daily population of eight or fewer children. “Agency” includes but is not limited to: (a) Child-caring agen…

The Legislative Assembly finds and declares that: (1) It is the policy of this state to encourage and promote the provision of local residential care for the disadvantaged children of this state; (2) There is a growing need for community-based child-caring facilities to provide q…

(1) Each city and county may adopt a procedure which will provide opportunities for the siting of child-caring facilities within its jurisdiction including the siting of such facilities in single-unit residential zones. The procedure shall specify all conditions the requirements …

(1) A city or county shall approve or deny an application for the siting of a child-caring facility within 90 days after the date of application, unless both the applicant and the city or county agree to an extension of time. (2) A city or county may not deny an application for t…

The provisions of ORS 418.950 to 418.970 do not apply to child-caring facilities in existence and operating on October 3, 1979. [1979 c.597 §6]

As used in ORS 418.976 to 418.981, unless the context requires otherwise: (1) “Agency of state government” has the meaning given that term in ORS 174.111. (2) “Cultural competence” means accepting and respecting diversity and differences in a continuous process of self-assessment…

(1) A commission known as the System of Care Advisory Council is established. (2) The council consists of 29 members appointed as follows: (a) The Chief Justice of the Supreme Court shall appoint one representative from the Judicial Department. (b) The Governor shall appoint: (A)…

(1) The purpose of the System of Care Advisory Council is to improve the effectiveness and efficacy of state and local systems of care that provide services to youth by providing a centralized and impartial forum for statewide policy development and planning. (2) The primary duty…

(1) The System of Care Advisory Council shall maintain the Children’s System Data Dashboard, which must include, at a minimum, the following local and statewide data: (a) The number of children under 21 years of age, wards, youths and adjudicated youths being served by the Oregon…

(1) The System of Care Account is established in the State Treasury, separate and distinct from the General Fund. All moneys deposited in the account are continuously appropriated to the Oregon Health Authority for the purpose of supporting the duties of the System of Care Adviso…

(1) The Department of Human Services, the Oregon Health Authority and the Oregon Youth Authority may contract with public or private providers to establish interdisciplinary assessment teams to provide services to youth. (2) An interdisciplinary assessment team shall: (a) Provide…

(1) A person who violates ORS 418.255, 418.290 or 418.300 commits a Class D violation. (2) A person who violates ORS 418.630 commits a Class B misdemeanor. (3) Violation of ORS 418.215, 418.250 or 418.327 (4) is a Class A misdemeanor. Each day of violation is a separate offense. …

In addition to any other liability or penalty provided by law, the Director of Human Services shall impose a civil penalty on a foster home, as defined in ORS 418.625, that violates ORS 418.644. A civil penalty under this section is $500 for each violation and shall be imposed as…

(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty: (a) On a child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 for any of the following: (A) Violation of …

(1) Any civil penalty under ORS 418.992 shall be imposed in the manner provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the child-caring agency to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application …

After public hearing, the Director of Human Services by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 418.992. However, the civil penalty shall not exceed $500 for each violation. [1983 c.510 §25]

In imposing a penalty pursuant to ORS 418.992, the Director of Human Services shall consider the following factors: (1) The past history of the child-caring agency incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (2…

Judicial review of civil penalties imposed under ORS 418.992, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1983 c.510 §28]

(1) Except as provided in subsection (2) of this section, all penalties recovered under ORS 418.992 to 418.998 shall be paid into the State Treasury and credited to the General Fund. (2) All penalties recovered under ORS 418.992 to 418.998 for violations of any provision of ORS 4…

As used in this chapter and ORS chapters 419B and 419C, unless the context requires otherwise: (1) “Adjudicated youth” means a person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years …

(1)(a) Subject to paragraph (b) of this subsection, the governing body of any county, after consultation with the judges of the juvenile court in that county, shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the co…

The director of a juvenile department or one of the counselors shall: (1) Make or cause to be made an investigation of every child, ward, youth or adjudicated youth brought before the court and report fully thereon to the court. (2) Be present in court to represent the interests …

The juvenile department of a county shall report annually to the Youth Development Council the frequency with which the following persons are held in preadjudicative detention and the duration of the detention: (1) Out-of-state runaways, as defined in ORS 419C.156; or (2) Runaway…

(1)(a) Once each month, a county juvenile department shall provide to school administrators of schools or of school districts in the county a list of all adjudicated youths enrolled in a school in the county who are on probation by order of the juvenile court in the county. The d…

Any director or counselor has the power of a peace officer as to any child, ward, youth or adjudicated youth committed to the care of the director or counselor. Any director or counselor may, in the discretion of the director or counselor and at any time, bring a child, ward, you…

Except as provided in ORS 419A.010, the juvenile department of a county is and shall be considered a county agency for all purposes. [1993 c.33 §15]

(1) The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of children, wards, youths or adjudicated youths while committed to the charge of a director or…

The board of county commissioners or county court of counties having more than 400,000 inhabitants, according to the latest federal decennial census, shall provide proper accommodations for detention rooms and hospital wards, as may be necessary for the care, custody and discipli…

It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, adjudicated youths and their families and, with the limited amount of funds avail…

As used in ORS 419A.046 and 419A.048, “state contribution” means the amount of money to which each county is entitled from the funds appropriated for the purposes of carrying out the provisions of ORS 419A.046 and 419A.048. [Formerly 423.330]

Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.045 to 419A.048 shall comply with fiscal reporting procedures developed and approved by the Oregon Youth Authority. [Formerly 423.350; 2001 c.904 §4; 2001 c.905 §5] DETENTION AND SHELTER …

(1) Any county may acquire in any lawful manner, equip and maintain within the county suitable facilities for the shelter of children, wards, youths and adjudicated youths, or the detention of youths and adjudicated youths, confined pursuant to a judicial commitment or order pend…

(1) Suitable detention facilities must be of Class I construction and comply with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. In addition, the facilities must provide: (a) Sanitary drinking water in living units and dayrooms; (b) Toilets and washb…

(1) As used in this section: (a) “Contracting county” means a county that contracts with another county or a regional juvenile detention correctional facility to place youths and adjudicated youths in a detention facility in another county or in a regional juvenile detention corr…

(1) All expenses incurred in the maintenance of the facilities for detention and the personnel required for the facilities, except as otherwise provided in subsection (2) of this section, shall be paid upon order of the board of county commissioners or county court from county fu…

(1) The juvenile court of each county shall designate the place or places in which children, wards, youths or adjudicated youths are to be placed in shelter care, or in which youths or adjudicated youths are to be placed in detention, when taken into temporary custody. (2) If the…

Inspection of juvenile detention facilities, including jails or lockups, and enforcement of the juvenile detention standards contained in ORS 419A.059 or otherwise established by statute, must be conducted in the same manner as provided in ORS 169.070 and 169.080. [1993 c.33 §13;…