ORS 419B.020
Duty of department or law enforcement agency receiving report

  • investigation
  • notice
  • physical examination
  • child’s consent
  • notice at conclusion of investigation

(1)

If the Department of Human Services or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately:

(a)

Cause an investigation to be made to determine the nature and cause of the abuse of the child; and

(b)

Make the following notifications:

(A)

To the Department of Early Learning and Care if the alleged child abuse occurred in a child care facility as defined in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500); or

(B)

To the Department of Education if the alleged child abuse occurred in a school, was related to a school-sponsored activity or was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 (Definitions for ORS 339.370 to 339.400) to 339.400 (Training).

(2)

The Department of Human Services shall ensure that an investigation required by subsection (1) of this section is completed if the report is not investigated by a law enforcement agency.

(3)

If the alleged child abuse reported in subsection (1) of this section occurred at a child care facility or in a school, was related to a school-sponsored activity or was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 (Definitions for ORS 339.370 to 339.400) to 339.400 (Training):

(a)

The Department of Human Services and the law enforcement agency shall jointly determine the roles and responsibilities of the Department of Human Services and the agency in their respective investigations; and

(b)

The Department of Human Services and the agency shall each report the outcomes of their investigations:

(A)

To the Department of Early Learning and Care if the alleged child abuse occurred in a child care facility as defined in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500); or

(B)

To the Department of Education if the alleged child abuse:
(i)
Occurred in a school;
(ii)
Was related to a school-sponsored activity; or
(iii)
Was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 (Definitions for ORS 339.370 to 339.400) to 339.400 (Training).

(4)

If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify the Department of Human Services by making an oral report followed by a written report to the centralized child abuse reporting system described in ORS 418.190 (Centralized child abuse reporting system). The department shall provide protective social services of its own or of other available social agencies if necessary to prevent further abuses to the child or to safeguard the child’s welfare.

(5)

If a child is taken into protective custody by the Department of Human Services, the department shall promptly make reasonable efforts to ascertain the name and address of the child’s parents or guardian.

(6)

Intentionally left blank —Ed.

(a)

If a child is taken into protective custody by the Department of Human Services or a law enforcement official, the department or law enforcement official shall, if possible, make reasonable efforts to advise the parents or guardian immediately, regardless of the time of day, that the child has been taken into custody, the reasons the child has been taken into custody and general information about the child’s placement, and the telephone number of the local office of the department and any after-hours telephone numbers.

(b)

Notice may be given by any means reasonably certain of notifying the parents or guardian, including but not limited to written, telephonic or in-person oral notification. If the initial notification is not in writing, the information required by paragraph (a) of this subsection also shall be provided to the parents or guardian in writing as soon as possible.

(c)

The department also shall make a reasonable effort to notify the noncustodial parent of the information required by paragraph (a) of this subsection in a timely manner.

(d)

If a child is taken into custody while under the care and supervision of a person or organization other than the parent, the department, if possible, shall immediately notify the person or organization that the child has been taken into protective custody.

(7)

If a law enforcement officer or the Department of Human Services, when taking a child into protective custody, has reasonable cause to believe that the child has been affected by sexual abuse and rape of a child as defined in ORS 419B.005 (Definitions) (1)(a)(C) and that physical evidence of the abuse exists and is likely to disappear, the court may authorize a physical examination for the purposes of preserving evidence if the court finds that it is in the best interest of the child to have such an examination. Nothing in this section affects the authority of the department to consent to physical examinations of the child at other times.

(8)

A minor child of 12 years of age or older may refuse to consent to the examination described in subsection (7) of this section. The examination shall be conducted by or under the supervision of a physician licensed under ORS chapter 677, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, trained in conducting such examinations.

(9)

When the Department of Human Services completes an investigation under this section, if the person who made the report of child abuse provided contact information to the department, the department shall notify the person about whether contact with the child was made, whether the department determined that child abuse occurred and whether services will be provided. The department is not required to disclose information under this subsection if the department determines that disclosure is not permitted under ORS 419B.035 (Confidentiality of records).

(10)

When the Department of Education receives a notification under subsection (1) of this section or a report on the outcomes of an investigation under subsection (3) of this section, the Department of Education 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). [1993 c.546 §16; 1993 c.622 §7a; 1997 c.130 §13; 1997 c.703 §1; 1997 c.873 §33; 2007 c.501 §4; 2007 c.781 §1; 2013 c.624 §83; 2014 c.45 §41; 2017 c.356 §41; 2019 c.141 §24; 2019 c.618 §18; 2021 c.386 §6; 2023 c.132 §7; 2023 c.554 §53; 2023 c.570 §13]

Source: Section 419B.020 — Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).

Notes of Decisions

Under former similar statute

Report that some unspecified children in small group were possible abuse victims was sufficient to create special relationship between CSD and children in group and impose special duty of care on CSD. Blachly v. Portland Police Dept., 135 Or App 109, 898 P2d 784 (1995)

In general

Department of Human Services authority to investigate claim of child abuse does not allow warrantless entry into residence. State v. Weaver, 214 Or App 633, 168 P3d 273 (2007), Sup Ct review denied

419B.005
Definitions 419B.007
Policy 419B.010
Duty of officials to report child abuse 419B.015
Report form and content 419B.016
Offense of false report of child abuse 419B.017
Time limits for notification between law enforcement agencies and Department of Human Services 419B.019
Investigation of report involving school 419B.020
Duty of department or law enforcement agency receiving report 419B.021
Degree requirements for persons conducting investigation or making determination regarding child 419B.023
Duties of person conducting investigation under ORS 419B.020 419B.025
Immunity of person making report in good faith 419B.026
Required findings for investigation conducted under ORS 419B.020 419B.027
Notice of founded disposition 419B.028
Photographing child during investigation 419B.029
Power to subpoena documents and records in child abuse investigations 419B.030
Central registry of reports 419B.035
Confidentiality of records 419B.040
Certain privileges not grounds for excluding evidence in court proceedings on child abuse 419B.045
Investigation conducted on school premises 419B.050
Authority of health care provider to disclose information 419B.055
Action by Attorney General for protective order on behalf of department employee 419B.090
Juvenile court 419B.100
Jurisdiction 419B.110
Emergency medical care 419B.112
Court appointed special advocate 419B.116
Intervention 419B.117
Notice to parents or guardian of child 419B.118
Venue 419B.121
Return of runaway children to another state 419B.124
Transfer to juvenile court from another court 419B.127
Transfer to court of county of child or ward’s residence 419B.130
Delegation of jurisdiction by county of residence 419B.132
Delegation of jurisdiction among county juvenile courts 419B.135
Transfer of case 419B.150
When protective custody authorized 419B.152
Protective custody of runaway child 419B.155
Protective custody not arrest 419B.157
Jurisdiction attaches at time of custody 419B.160
Prohibition on detention 419B.165
Release of child taken into custody 419B.168
Procedure when child is not released 419B.171
Report required when child is taken into protective custody 419B.175
Initial disposition of child taken into protective custody 419B.180
Shelter facilities 419B.183
Speedy hearing required 419B.185
Evidentiary hearing 419B.192
Placement of child or ward 419B.193
Search for substitute care placements among relatives 419B.194
Participation in extracurricular activities 419B.195
Appointment of counsel for child or ward 419B.198
Responsibility for payment of costs related to provision of appointed counsel for child or ward 419B.201
Compensation for court-appointed counsel for child or ward under ORS 135.055 419B.205
Appointment of counsel for parent or legal guardian 419B.208
Other law applicable to appointment of counsel 419B.211
Motion to withdraw as counsel 419B.220
Appointment of surrogate 419B.223
Duties and tenure of surrogate 419B.231
Appointment 419B.234
Qualifications 419B.237
Duration of appointment 419B.305
When hearing must be held 419B.310
Conduct of hearings 419B.325
Disposition required 419B.328
Ward of the court 419B.331
When protective supervision authorized 419B.334
Placement out of state 419B.335
Department of Human Services reports regarding out-of-state placements 419B.337
Commitment to custody of Department of Human Services 419B.340
Reasonable or active efforts determination 419B.343
Recommendations of committing court 419B.346
Medical planning 419B.349
Court authority to review placement or proposed placement 419B.351
Court approval of placement in qualified residential treatment program 419B.352
Hospitalization 419B.365
Permanent guardianship 419B.366
Guardianship 419B.367
Letters of guardianship 419B.368
Review, modification or vacation of guardianship order 419B.369
Guardianship study 419B.371
Community guardianship 419B.372
Guardianship as incident of custody 419B.373
Duties and authority of legal custodian 419B.376
Duties and authority of guardian 419B.379
Guardian is not conservator 419B.385
Parent or guardian as party 419B.387
Parent participation in treatment or training 419B.389
Inability of parent to comply with order of court 419B.395
Judgment of parentage or nonparentage 419B.400
Authority to order support 419B.402
Support order is judgment 419B.404
Support for child or ward in state financed or supported institution 419B.406
Assignment of support order to state 419B.408
Enforcement of support order 419B.440
Circumstances requiring reports 419B.443
Time and content of reports 419B.446
Filing report 419B.449
Review hearing by court 419B.452
Distribution of report by court 419B.460
Agency’s responsibility 419B.470
Permanency hearing 419B.473
Notice 419B.476
Conduct of hearing 419B.498
Termination of parental rights 419B.500
Termination of parental rights generally 419B.502
Termination upon finding of extreme conduct 419B.504
Termination upon finding of unfitness 419B.506
Termination upon finding of neglect 419B.508
Termination upon finding of abandonment 419B.510
Termination upon finding child conceived as result of rape 419B.517
Mediation to be encouraged 419B.518
Appointment of counsel for parents 419B.521
Conduct of termination hearing 419B.524
Effect of termination order 419B.527
Disposition of ward after termination 419B.529
Adoption after permanent commitment or surrender 419B.530
Representation by Attorney General 419B.532
Reinstatement of parental rights 419B.550
Definitions for ORS 419B.550 to 419B.558 419B.552
Application for emancipation judgment 419B.555
Hearing 419B.558
Entry of judgment of emancipation 419B.600
Policy on Indian child welfare 419B.603
Definitions 419B.606
Custody 419B.609
Acknowledgment or establishment of parentage 419B.612
Best interests of Indian child 419B.615
Assistance enrolling child in tribe 419B.618
Determination of Indian child’s tribe 419B.621
Judicial determination of Indian child’s residence, domicile and status as ward 419B.622
Domicile 419B.624
Tribal-state agreements 419B.627
Jurisdiction 419B.630
Motion to transfer to tribal court 419B.633
Transfer to tribal court 419B.636
Inquiry to determine whether child is Indian child 419B.639
Notice to tribe in emergency proceeding 419B.642
Qualified expert witness 419B.645
Active efforts 419B.646
Right to appear 419B.647
Right to counsel 419B.648
Right to examine reports or documents 419B.651
Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights 419B.652
Determination regarding improper removal or retainment 419B.654
Placement preferences 419B.656
Tribal customary adoption 419B.657
Reports to Legislative Assembly 419B.660
Conflict of laws 419B.663
Full faith and credit 419B.665
Rules 419B.800
Applicability of ORS 419B.800 to 419B.929 419B.803
Jurisdiction 419B.806
Consolidation 419B.809
Petition 419B.812
Issuance of summons 419B.815
Summons for proceeding to establish jurisdiction under ORS 419B.100 419B.816
Notice to person contesting petition to establish jurisdiction 419B.818
Form of summons under ORS 419B.815 419B.819
Summons for proceeding to establish permanent guardianship or terminate parental rights 419B.820
Notice to parent contesting petition to establish permanent guardianship or terminate parental rights 419B.822
Form of summons under ORS 419B.819 419B.823
Service of summons generally 419B.824
Methods of serving summons 419B.827
Responsibility for costs of service of summons and travel expenses of party summoned 419B.830
Return of summons 419B.833
Proof of service of summons or mailing 419B.836
Effect of error in summons or service of summons 419B.839
Required and discretionary summons 419B.842
When arrest warrant authorized 419B.845
Restraining order when child abuse alleged 419B.846
Service of restraining order 419B.848
Process generally 419B.851
Service of process 419B.854
Computing statutory time periods 419B.857
Pleadings 419B.860
Motions 419B.863
Pleadings 419B.866
Signing pleadings required 419B.869
Responding to pleadings 419B.872
Amendment of pleadings 419B.875
Parties to proceedings 419B.876
Visitation or other contact between grandparent and ward 419B.878
Judicial inquiry and finding regarding whether child is Indian child 419B.881
Disclosure 419B.884
Depositions 419B.887
Objections at depositions 419B.890
Dismissal of petition at end of petitioner’s case 419B.893
Subpoenas generally 419B.896
Subpoena for production of books, papers, documents and other tangible things 419B.899
Issuance of subpoena 419B.902
Service of subpoena 419B.905
Subpoena of incarcerated witness 419B.908
Witness fees 419B.911
Failure to obey subpoena 419B.914
Proceeding when person entitled to service is not summoned and is not before court 419B.918
Manner of appearance 419B.920
New hearings 419B.923
Modifying or setting aside order or judgment 419B.926
Stay of order or judgment pending appeal 419B.929
Enforcement of certain orders and judgments 419B.950
Educational program regarding federal and state adoption and child welfare laws 419B.953
Training and continuing education for caseworkers

Current through early 2026

§ 419B.020. Duty of department or law enforcement agency receiving report's source at oregon​.gov