ORS 418.258
Report of suspected abuse
- notifications
- investigation
(1)
When the Department of Human Services becomes aware of a report of suspected child abuse of a child in care, whether in the form of an allegation, complaint or formal report made under this section, and whether made directly to the Director of Human Services, the department or an employee of the department, to a hotline operated by the department, through the mandatory abuse reporting process set forth in ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) or otherwise, the department shall immediately:(a)
Notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, certified foster homes and developmental disabilities residential facilities.(b)
Notify any governmental agency that has a contract with the child-caring agency, certified foster home or developmental disabilities residential facility to provide care or services to the child in care.(c)
Notify the placement authorities of any other state that retains jurisdiction over a child in care receiving care or services from the child-caring agency, certified foster home or developmental disabilities residential facility.(d)
Commence an investigation to determine whether the report of suspected abuse is substantiated, unsubstantiated or inconclusive under ORS 418.259 (Investigation of suspected abuse) if:(A)
The reported abuse occurred in this state;(B)
The reported abuse occurred in any other state and involves a child in care placed by the department in an out-of-state child-caring agency; or(C)
The reported abuse occurred in any other state and the department reasonably believes that the reported abuse poses a danger to the health, safety or wellness of a child in care placed by the department in an out-of-state child-caring agency.(e)
Report to a law enforcement agency any crime that the department has reason to believe has occurred with respect to a child in care or at a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the suspected crime is not related to a report of abuse made under this section.(2)
Intentionally left blank —Ed.(a)
As a condition for issuance or renewal of a license, certificate or authorization to a child-caring agency, certified foster home or developmental disabilities residential facility, the department shall require and verify that the child-caring agency, certified foster home or developmental disabilities residential facility has procedures and protocols that:(A)
Require employees of the child-caring agency, a proctor foster home certified by the child-caring agency, the certified foster home or the developmental disabilities residential facility to immediately report suspected abuse of a child in care to the director, the director’s designee or personnel within the department who have been specifically designated to receive reports of abuse of children in care;(B)
Mandate that the child-caring agency, certified foster home or developmental disabilities residential facility provide an annual training and written materials that include information about the child abuse reporting hotline, and that the agency, home or facility advise and educate employees of the child-caring agency and any proctor foster home certified by the child-caring agency, of the certified foster home or of the developmental disabilities residential facility of the duty under this section and ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) to report abuse of a child in care; and(C)
Inform employees of child-caring agencies, proctor foster homes, certified foster homes and developmental disabilities residential facilities that the duty to report abuse of a child in care is personal to the employee and that the duty is not fulfilled by reporting the abuse to the owner, operator or any other employee of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the owner, operator or other employee reports the abuse of a child in care to the director, the director’s designee or the department.(b)
A child-caring agency, certified foster home or developmental disabilities residential facility need not develop and maintain procedures and protocols or provide an annual training and written materials under paragraph (a) of this subsection if the agency, home or facility does not have any employees, staff or volunteers.(3)
Interference or hindering an investigation of abuse of a child in care, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child in care who is the subject of the investigation or with witnesses, may constitute grounds for the revocation, suspension or placing of conditions on the license, certificate or other authorization of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.(4)
Intentionally left blank —Ed.(a)
Anyone, including but not limited to an employee of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility, who makes a report of suspected abuse of a child in care to the Governor, the Department of Justice, the Director of Human Services, the director’s designee or the department under this section in good faith and who has reasonable grounds for the making of the report shall have immunity:(A)
From any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report;(B)
From disciplinary action taken by the person’s employer; and(C)
With respect to participating in any judicial proceeding resulting from or involving the report.(b)
A person making a report under this section may include references to otherwise confidential information for the sole purpose of making the report, and any such disclosure must be protected from further disclosure to other persons or entities for any other purpose not related to the making of the report. [2016 c.106 §37; 2017 c.448 §3; 2017 c.733 §2; 2020 s.s.1 c.19 §8]
Source:
Section 418.258 — Report of suspected abuse; notifications; investigation, https://www.oregonlegislature.gov/bills_laws/ors/ors418.html.
Up to date