Juvenile Code: Dependency

ORS 419B.019
Investigation of report involving school

  • notification
  • rules


(1)

As used in this section:

(a)

“Agent” means a person who:

(A)

Acts as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and

(B)

Interacts with a child because of the person’s status as an agent for an education provider.

(b)

“Contractor” means a person who:

(A)

Provides services to an education provider under a contract in a manner that requires the person to have direct, unsupervised contact with children; and

(B)

Interacts with a child because of the person’s status as a contractor for an education provider.

(c)

“Education provider” has the meaning given that term in ORS 339.370 (Definitions for ORS 339.370 to 339.400).

(d)

“School employee” means a person who:

(A)

Is an employee of an education provider; and

(B)

Interacts with a child because of the person’s status as an employee of an education provider.

(e)

“Volunteer” means a person who:

(A)

Acts as a volunteer for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and

(B)

Interacts with a child because of the person’s status as a volunteer of an education provider.

(2)

A law enforcement agency or the Department of Human Services must conduct an investigation as provided by ORS 419B.020 (Duty of department or law enforcement agency receiving report) if the law enforcement agency or department receives a report of abuse that involves a child and a person who is a school employee, contractor, agent or volunteer.

(3)

A law enforcement agency shall notify the department as provided by ORS 419B.015 (Report form and content) if the law enforcement agency receives a report described in subsection (2) of this section. The department shall notify a law enforcement agency as provided by ORS 419B.015 (Report form and content) if the department receives a report described in subsection (2) of this section. The department shall ensure that an investigation related to the report is conducted if the report is not investigated by a law enforcement agency.

(4)

(a) Within three business days of receiving a report or notification of a report described in subsection (2) of this section, the department shall notify:

(A)

The Teacher Standards and Practices Commission, if the department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission; or

(B)

The Department of Education, if the Department of Human Services believes the report of suspected abuse:

(i)

Occurred in a school or was related to a school-sponsored activity; or

(ii)

Involves a child and a person who is a school employee, contractor, agent or volunteer.

(b)

For the purpose of notification made under this subsection, the Department of Human Services may not disclose the name and address of, and other identifying information about, the person who made the report, but the department shall make available any information necessary to ensure the safety of the child, including the name of the school and the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this subsection may not release any information not authorized by this subsection.

(c)

When the Department of Education receives notification under this subsection, the department shall immediately notify the appropriate education providers to ensure the safety of the child.

(5)

The Department of Human Services may adopt any rules necessary for the administration of this section. [2019 c.618 §14]
Note: 419B.019 (Investigation of report involving school) was added to and made a part of 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 419B.500 to 419B.524

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

Chapter 419B

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)


Source

Last accessed
Jun. 26, 2021