Juvenile Code: Dependency

ORS 419B.025
Immunity of person making report in good faith

Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. [1993 c.546 §17]
§§ 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

"Anyone ... making report" is not limited to persons having statutory obligation to make report. Franson v. Radich, 84 Or App 715, 735 P2d 632 (1987)

Immunity applies to statements of reporting person made as part of report, not to abusive actions by reporting person described in statements. State v. Pierce, 120 Or App 234, 852 P2d 198 (1993), Sup Ct review denied

Atty. Gen. Opinions

Under Former Similar Statute

Liability of private individual for reporting suspected child abuse, (1978) Vol 38, p 2039

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)


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Jun. 26, 2021