ORS 418.039
Policy on prohibited disqualifications of child welfare services providers

(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 a person with a disability; or

(c)

On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, gender expression or disability.

(2)

Subsection (1) of this section applies to any person providing child welfare services to a child or ward, including but not limited to foster parents, proctor foster parents, adoptive parents, relative caregivers, safety providers and direct service providers. [2021 c.387 §8]
Note: 418.039 (Policy on prohibited disqualifications of child welfare services providers) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Sections 6 and 7, chapter 387, Oregon Laws 2021, provides:

(2)

For each child or ward accounted for in a report under this section, the department shall include the month the temporary lodging occurred, the number of nights the child or ward remained in the temporary lodging, the type of placement the child or ward was placed in at the end of the temporary lodging and the number of times the child or ward was placed in temporary lodging due to the expiration of the placement time limits during the reporting period. [2021 c.387 §6]
Sec. 7. Section 6 of this 2021 Act is repealed on January 1, 2023. [2021 c.387 §7]
GOVERNOR’S CHILD FOSTER CARE ADVISORY COMMISSION

Source: Section 418.039 — Policy on prohibited disqualifications of child welfare services providers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html.

418.001
Definition for ORS 418.005 to 418.030 418.005
Powers of department in connection with child welfare services 418.010
Children not to be taken charge of when parents object 418.015
Custody and care of needy children by department 418.016
Criminal records checks required for caregivers of children and for other persons in household 418.017
Parent allowed to anonymously leave child at authorized facility 418.018
Department required to inform public about ORS 418.017 and affirmative defense 418.020
Unexpended balances of budgeted county funds may be expended as aid for children 418.025
Prevention, reduction or control of juvenile delinquency by county programs and activities 418.027
Agreements for custody, care or treatment 418.030
Services to prevent, control and treat juvenile delinquency 418.032
Department subrogated to right of support for certain children in department custody 418.033
Release of records to citizen review board 418.034
Department responsible for costs of medical care of certain children in detention or lockup facilities 418.036
Child welfare report 418.039
Policy on prohibited disqualifications of child welfare services providers 418.041
Governor’s Child Foster Care Advisory Commission 418.043
Membership of commission 418.044
Functions and duties of commission 418.046
Advisory or technical committees 418.189
Policy on child abuse and neglect 418.194
Scheduling visitation around school attendance 418.200
Definitions 418.201
Legislative intent 418.202
Oregon Foster Children’s Bill of Rights 418.203
Prohibitions on discipline or retaliation for speaking about services received 418.205
Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998 418.210
Application of ORS 418.205 to 418.327 418.215
Child-caring agency to be licensed, certified or authorized 418.240
Licensing, certification and authorization criteria 418.246
Bond for outdoor youth program licensure 418.248
Certification of proctor foster homes 418.250
Supervision of child-caring agencies 418.255
Inspection and supervision 418.256
Interference with disclosure of information 418.257
Definitions for ORS 418.257 to 418.259 418.258
Report of suspected abuse 418.259
Investigation of suspected abuse 418.260
Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies 418.262
Minimum staffing required for licensing, inspection and investigation 418.263
Child-Caring Agencies Account 418.265
Reports 418.270
Surrender of child to child-caring agency 418.275
Child-caring agency as guardian of child 418.280
Placement of children 418.285
Authority of department same as child-caring agency under ORS 418.270 to 418.280 418.290
Child placement by nonresident 418.295
Certain attorneys not to represent prospective adoptive parents 418.300
When child placement by private persons prohibited 418.302
Administrative review required for certain children in voluntary placement 418.305
Access to child receiving care or services 418.306
Denial of visitation by child-caring agency as disciplinary measure prohibited 418.307
Medical or dental treatment of children without consent 418.310
Application of statutes to institutions caring for adults and children 418.312
When transfer of custody not required 418.315
Department may provide foster care for children surrendered or committed to department 418.318
Authority to pay for qualified residential treatment programs 418.319
Goal regarding placed children receiving federal assistance 418.321
Out-of-state child-caring agency 418.322
Placement in congregate care residential setting 418.323
Qualified residential treatment program 418.324
Independent assessment 418.325
Medical examinations required 418.327
Licensing of private residential boarding schools 418.330
Payments to adoptive parents or guardians 418.335
Determination of eligibility for payments 418.340
Rules 418.345
Adoption Applicable Child Savings Fund 418.351
Definitions for 418.351 to 418.357 418.353
Residential care referrals 418.357
Residential care referral agents 418.359
Referrals to secure transportation services providers 418.470
Authority to pay for shelter-care homes 418.472
Siting of shelter-care home 418.475
Independent residence facilities 418.480
“Purchase of care” defined 418.485
Policy 418.490
Coordination of state activities 418.495
Authority to purchase care 418.500
Out-of-state care for children 418.517
Procedures for use of psychotropic medications for children in foster care 418.519
Definitions for ORS 418.519 to 418.532 418.521
Prohibitions on restraint and involuntary seclusion of children in care 418.523
Permissible use of restraint or involuntary seclusion of child in care 418.526
Program procedures 418.528
Quarterly reports 418.529
Training standards and certification 418.532
Notices to children in care 418.575
Definitions for ORS 418.575 to 418.598 418.578
Legislative findings 418.580
Strengthening, Preserving and Reunifying Families programs 418.585
Strengthening, Preserving and Reunifying Families Program Fund 418.590
Waiver of federal requirements 418.595
Placement and referral to program to be considered in reasonable or active efforts determination 418.598
Rules 418.606
Definitions 418.607
Legislative intent 418.608
Oregon Foster Children’s Sibling Bill of Rights 418.609
Applicability of Indian Child Welfare Act 418.625
Definitions for ORS 418.625 to 418.645 418.627
Placement consistent with the Indian Child Welfare Act 418.630
Foster home must be certified as approved 418.635
Certificate of approval 418.640
Supervision of foster homes 418.642
Confidentiality of information about person who maintains foster home 418.643
Denial of visitation by foster home as disciplinary measure prohibited 418.644
Interference with disclosure of information 418.645
Appeal from decision of department 418.647
Foster care payments 418.648
Rights of foster parents 418.650
Policy 418.653
Oregon Youth Corps 418.657
Duties of program director 418.658
Oregon Community Stewardship Corps 418.660
Projects 418.663
Employment goals 418.675
Powers and duties of trustees of A. R. Burbank Trust Fund 418.680
Annual report of trustees 418.685
Certain agencies declared to be orphans’ homes 418.691
Definitions for ORS 418.691 to 418.701 418.696
Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors 418.699
Additional duties or liabilities not imposed on youth sports providers 418.701
Youth sports providers authorized to request criminal background checks from Department of State Police 418.702
Training and continuing education for mandatory reporters 418.706
State Technical Assistance Team for child fatalities 418.708
Child’s savings account 418.712
Definitions for ORS 418.714 and 418.718 418.714
Domestic violence fatality review teams 418.718
Statewide team 418.726
Youth Suicide Intervention and Prevention Advisory Committee 418.731
Youth Suicide Intervention and Prevention Coordinator 418.733
Updates to Youth Suicide Intervention and Prevention Plan 418.735
Plan for communication among local mental health authorities regarding certain suicides 418.746
Child Abuse Multidisciplinary Intervention Account 418.747
County teams for investigation 418.748
Statewide team on child abuse and suicide 418.751
Training and education for persons investigating child abuse 418.780
Purpose 418.782
Definitions for ORS 418.746 to 418.796 418.783
Child Abuse Multidisciplinary Intervention Program 418.784
Advisory Council on Child Abuse Assessment 418.785
Child fatality review teams 418.786
Grant program 418.788
Grant application 418.790
Application contents for regional centers 418.792
Application contents for children’s advocacy center 418.793
Report to Child Abuse Multidisciplinary Intervention Program 418.794
Confidentiality of video recordings 418.795
Confidentiality of information and records 418.796
Authority of council to solicit and accept contributions 418.800
Review of certain cases by county child abuse multidisciplinary team 418.804
Short title 418.806
Policy 418.808
Critical incident 418.811
Team assignment and membership 418.813
Report 418.816
Critical Incident Review Team website 418.925
“Refugee child” defined 418.927
When refugee child may be removed from home 418.930
Petition to juvenile court required upon removal of refugee child 418.933
Judicial determination on removal required 418.935
Petition by relative of refugee child 418.937
Placement decision 418.939
Record for refugee child 418.941
Refugee Child Welfare Advisory Committee 418.943
Annual report 418.945
Rules 418.950
Definitions for ORS 418.950 to 418.970 418.955
Policy 418.960
City and county siting of child-caring facilities 418.965
Approval or denial of applications 418.970
ORS 418.950 to 418.970 inapplicable to existing facilities 418.976
Definitions for ORS 418.976 to 418.981 418.978
System of Care Advisory Council 418.979
Purpose 418.981
Children’s System Data Dashboard 418.983
System of Care Account 418.984
Interdisciplinary assessment teams 418.990
Criminal penalties 418.991
Penalty for interference with disclosure of information 418.992
Civil penalty 418.993
Procedure 418.994
Schedule of penalties 418.995
Factors considered in imposing penalty 418.997
Judicial review 418.998
Disposition of penalties
Green check means up to date. Up to date

Current through early 2024

§ 418.039’s source at oregon​.gov