Juvenile Code: Dependency

ORS 419B.045
Investigation conducted on school premises

  • notification
  • role of school personnel


(1)

The Department of Human Services or a law enforcement agency has the authority to conduct an investigation, on school premises, of a report of child abuse.

(2)

When an investigation of a report of child abuse is conducted on school premises, the school administrator shall first be notified that the investigation is to take place, unless the school administrator is a subject of the investigation.

(3)

The department or the law enforcement agency conducting the investigation shall present adequate identification to school staff members.

(4)

After the department or law enforcement agency presents adequate identification, school staff members shall cooperate with the investigation by, at a minimum:

(a)

Allowing the department or law enforcement agency access to the child who is the suspected victim in the report of child abuse; and

(b)

Providing a private space in which to conduct an interview of the child.

(5)

The department or the law enforcement agency conducting the investigation is not required to reveal information about the investigation to the school as a condition of conducting the investigation.

(6)

The school administrator or a school staff member designated by the administrator may, at the investigator’s discretion, be present to facilitate the investigation.

(7)

The investigator shall be advised by a school administrator or a school staff member of the child’s disabling conditions, if any, prior to any interview with the child.

(8)

(a) A school administrator or school staff member may not notify any person, including the child’s parents or guardian, other than the department or law enforcement agency and any school employee necessary to enable the investigation, of an investigation described in this section and may not disclose any information obtained during an investigation.

(b)

Information obtained during an investigation is not part of the child’s school records.

(9)

A school administrator or school staff member may testify at any subsequent court proceeding relating to the investigation and may be interviewed by the respective litigants prior to any court proceeding.

(10)

A school district, school administrator or school staff member may not be held liable for civil damages as a result of compliance with this section.

(11)

This section applies solely to an investigation that involves an interview of the suspected victim in the report of child abuse or witnesses and does not apply to an investigation or interview of a person who is suspected of having committed the abuse that is the subject of the report. [1993 c.546 §22; 2003 c.14 §225; 2017 c.515 §1; 2018 c.77 §1]
§§ 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