ORS 419B.019
Investigation of report involving school

notification
rules

Text
Annotations

(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)

Intentionally left blank —Ed.

(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 appropriate education provider to ensure the safety of the child, if the department believes the report of suspected abuse involves the child and a person who is a school employee, contractor, agent or volunteer;

(B)

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

(C)

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. Except as provided by ORS 339.389 (Receipt by Department of Education from Department of Human Services of notification of report or investigation of 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 act under, and is subject to, ORS 339.389 (Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse).

(5)

The Department of Human Services may adopt any rules necessary for the administration of this section. [2019 c.618 §14; 2021 c.386 §5]

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.

Source: Section 419B.019 — Investigation of report involving school; notification; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 419B.019 Investigation of report involving school

(1)

(a)

(A)

(B)

(b)

(A)

(B)

(c)

(d)

(A)

(B)

(e)

(A)

(B)

(2)

(3)

(4)

(a)

(A)

(B)

(C)

(i)

(ii)

(b)

(c)

(5)

ORS 419B.019
Investigation of report involving school