Juvenile Code: Dependency
(1)(a) “Abuse” means:
(A)Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury.
(B)Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.
(C)Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are described in ORS chapter 163.
(D)Sexual abuse, as described in ORS chapter 163.
(E)Sexual exploitation, including but not limited to:
(i)Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 (Definitions for ORS 167.002 to 167.027) or described in ORS 163.665 (Definitions) and 163.670 (Using child in display of sexually explicit conduct), sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) or which is designed to serve educational or other legitimate purposes; and
(ii)Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in ORS 167.007 (Prostitution) or a commercial sex act as defined in ORS 163.266 (Trafficking in persons), to purchase sex with a minor as described in ORS 163.413 (Purchasing sex with a minor) or to engage in commercial sexual solicitation as described in ORS 167.008 (Commercial sexual solicitation).
(F)Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child.
(G)Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare.
(H)Buying or selling a person under 18 years of age as described in ORS 163.537 (Buying or selling a person under 18 years of age).
(I)Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured.
(J)Unlawful exposure to a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), or to the unlawful manufacturing of a cannabinoid extract, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), that subjects a child to a substantial risk of harm to the child’s health or safety.
(b)“Abuse” does not include reasonable discipline unless the discipline results in one of the conditions described in paragraph (a) of this subsection.
(2)“Child” means an unmarried person who:
(a)Is under 18 years of age; or
(b)Is under 21 years of age and residing in or receiving care or services at a child-caring agency as that term is defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998).
(3)“Higher education institution” means:
(a)A community college as defined in ORS 341.005 (Definitions for chapter);
(b)A public university listed in ORS 352.002 (Public universities);
(c)The Oregon Health and Science University; and
(d)A private institution of higher education located in Oregon.
(4)(a) “Investigation” means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse.
(b)“Investigation” does not include screening activities conducted upon the receipt of a report.
(5)“Law enforcement agency” means:
(a)A city or municipal police department.
(b)A county sheriff’s office.
(c)The Oregon State Police.
(d)A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers).
(e)A county juvenile department.
(6)“Public or private official” means:
(a)Physician or physician assistant licensed under ORS chapter 677 or naturopathic physician, including any intern or resident.
(c)School employee, including an employee of a higher education institution.
(d)Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.
(e)Employee of the Department of Human Services, Oregon Health Authority, Early Learning Division, Department of Education, Youth Development Division, Office of Child Care, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a child-caring agency as that term is defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) or an alcohol and drug treatment program.
(h)Member of the clergy.
(i)Regulated social worker.
(L)Certified provider of foster care, or an employee thereof.
(n)Licensed professional counselor.
(o)Licensed marriage and family therapist.
(p)Firefighter or emergency medical services provider.
(q)A court appointed special advocate, as defined in ORS 419A.004 (Definitions).
(r)A child care provider registered or certified under ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility).
(s)Member of the Legislative Assembly.
(t)Physical, speech or occupational therapist.
(w)Employee of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission.
(y)An operator of a preschool recorded program under ORS 329A.255 (Preschool recorded program).
(z)An operator of a school-age recorded program under ORS 329A.257 (School-age recorded program).
(aa)Employee of a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian).
(bb)Employee of a public or private organization providing child-related services or activities:
(A)Including but not limited to youth groups or centers, scout groups or camps, summer or day camps, survival camps or groups, centers or camps that are operated under the guidance, supervision or auspices of religious, public or private educational systems or community service organizations; and
(B)Excluding community-based, nonprofit organizations whose primary purpose is to provide confidential, direct services to victims of domestic violence, sexual assault, stalking or human trafficking.
(cc)A coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete, if compensated and if the athlete is a child.
(dd)Personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625).
(ee)Home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625).
(ff)Animal control officer, as defined in ORS 609.500 (Definitions for ORS 609.500 to 609.520 and 609.994).
(gg)Member of a school district board or public charter school governing body.
(hh)An individual who is paid by a public body, in accordance with ORS 430.215 (Responsibility for developmental disability services and psychiatric treatment services for children), to provide a service identified in an individualized written service plan of a child with a developmental disability. [1993 c.546 §12; 1993 c.622 §1a; 1995 c.278 §50; 1995 c.766 §1; 1997 c.127 §1; 1997 c.561 §3; 1997 c.703 §3; 1997 c.873 §30; 1999 c.743 §22; 1999 c.954 §4; 2001 c.104 §148; 2003 c.191 §1; 2005 c.562 §26; 2005 c.708 §4; 2009 c.199 §1; 2009 c.442 §36; 2009 c.518 §1; 2009 c.570 §6; 2009 c.595 §364; 2009 c.633 §10; 2009 c.708 §3; 2010 c.60 §§4,5; 2011 c.151 §12; 2011 c.506 §38; 2011 c.703 §34; 2012 c.37 §60; 2012 c.92 §1; 2013 c.129 §26; 2013 c.180 §40; 2013 c.623 §17; 2013 c.624 §82; 2013 c.720 §11; 2015 c.98 §7; 2015 c.179 §1; 2015 c.736 §65; 2016 c.106 §39; 2017 c.21 §55; 2018 c.75 §21; 2019 c.137 §§1,2; 2019 c.176 §§1,2; 2019 c.455 §§3,4; 2019 c.618 §§16,17]
Notes of Decisions
Under Former Similar Statutes
Due process does not require the appointment of "independent counsel" to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)
When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied
Notes of Decisions
Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)