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 Office of Child Care if the alleged child abuse occurred in a child care facility as defined in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450); or

(B)

To the Department of Education if the alleged child abuse occurred in a school or was related to a school-sponsored activity.

(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 abuse reported in subsection (1) of this section is alleged to have occurred at a child care facility or in a school or was related to a school-sponsored activity:

(a)

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

(b)

The department and the agency shall each report the outcomes of their investigations to the Office of Child Care or to the Department of Education.

(4)

If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify by oral report followed by written report the local office of the department. The Department of Human Services 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, the department shall promptly make reasonable efforts to ascertain the name and address of the child’s parents or guardian.

(6)

(a) If a child is taken into protective custody by the department 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, 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 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). [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]
§§ 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

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

To take protective custody of child, Department of Human Services or law enforcement agency must have warrant, exception to warrant requirement or court order. Greene v. Camreta, 588 F3d 1011 (9th Cir. 2009)

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
OR Legislature
Last accessed
May. 15, 2020
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