ORS 419B.354
Placement in congregate care residential setting; limitations


(1)

As used in this section:

(a)

“Congregate care residential setting” means any setting that cares for more than one child or ward and is not a setting described in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) (2)(b)(A), (D) or (E) or (10).

(b)

“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing or soliciting of a person under 18 years of age for the purpose of a commercial sex act, as defined in ORS 163.266 (Trafficking in persons), or the recruitment, harboring, transportation, provision or obtaining of a person over 18 years of age using force, fraud or coercion for the purpose of a commercial sex act, as defined in ORS 163.266 (Trafficking in persons).

(2)

The Department of Human Services may place a child or ward in a congregate care residential setting in this state only if the setting is:

(a)

A child-caring agency, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998), a hospital, as defined in ORS 442.015 (Definitions), or a rural hospital, as defined in ORS 442.470 (Definitions for ORS 442.470 to 442.507); and

(b)

A qualified residential treatment program described in ORS 419B.356 (Qualified residential treatment program).

(3)

Notwithstanding subsection (2) of this section, the department may place a child or ward in a child-caring agency that is not a qualified residential treatment program if:

(a)

The child-caring agency is providing prenatal, postpartum or parenting supports to the child or ward.

(b)

The child or ward is placed in an independent residence facility described in ORS 418.475 (Independent residence facilities) that is licensed by the department as a child-caring agency.

(c)

The child or ward is, or is at risk of becoming, a victim of sex trafficking and the child-caring agency is providing high-quality residential care and supportive services to the child or ward.

(d)

The child-caring agency is a residential care facility that is also licensed by the Oregon Health Authority and accredited by a national organization to provide psychiatric treatment to children.

(e)

The child-caring agency is an adolescent residential drug and alcohol treatment program licensed or certified by the State of Oregon to provide residential care.

(f)

The placement with the child-caring agency is for the purpose of placing the child or ward in a proctor foster home.

(g)

The child-caring agency is a residential care facility licensed by the department that provides short-term assessment and stabilization services.

(h)

The child-caring agency is a shelter-care home, as defined in ORS 418.470 (Authority to pay for shelter-care homes), that provides short-term assessment and stabilization services.

(i)

The child-caring agency is a homeless, runaway or transitional living shelter licensed by the department that provides short-term assessment and stabilization services.

(4)

The department may not place a child or ward in a residential care facility or shelter-care home described in subsection (3)(g) or (h) of this section:

(a)

For more than 60 consecutive days or 90 cumulative days in a 12-month period; or

(b)

If the residential care facility or shelter-care home also serves youth or youth offenders served by the county juvenile department or youth offenders committed to the custody of the Oregon Youth Authority by the court.

(5)

The department may not place a child or ward in a homeless, runaway or transitional living shelter described in subsection (3)(i) of this section for more than 60 consecutive or 90 cumulative days in any 12-month period.

(6)

Calculations of the number of days a child or ward is placed in a shelter-care home under subsection (3)(h) of this section or a homeless, runaway or transitional living shelter under subsection (3)(i) of this section exclude the days the child or ward is in the shelter-care home or shelter if the child or ward:

(a)

Accessed the shelter-care home or shelter without the support or direction of the department; and

(b)

Is homeless or a runaway, as defined by the department by rule.

(7)

(a) Nothing in this section prohibits the Oregon Youth Authority from placing a youth offender committed to its custody in a placement that is not a qualified residential treatment program.

(b)

Nothing in this section prohibits the Oregon Youth Authority or a county juvenile department from placing a youth offender or a youth served by the Oregon Youth Authority or the county juvenile department in shelter care or detention under ORS chapter 419C. [2019 c.619 §3; 2019 c.619 §3a]
Note: The amendments to 419B.354 (Placement in congregate care residential setting) by section 3a, chapter 619, Oregon Laws 2019, become operative July 1, 2020, and apply to placements of children or wards occurring on or after July 1, 2020. See sections 17 and 18, chapter 619, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
419B.354 (Placement in congregate care residential setting). (1) As used in this section, “congregate care residential setting” means any setting that cares for more than one child or ward and is not a setting described in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) (2)(b)(A), (D) or (E) or (10).

(2)

The Department of Human Services may place a child or ward in a congregate care residential setting in this state only if the setting is a child-caring agency, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998), a hospital, as defined in ORS 442.015 (Definitions), or a rural hospital, as defined in ORS 442.470 (Definitions for ORS 442.470 to 442.507).
Note: Section 17 (1), chapter 619, Oregon Laws 2019, provides:
Sec. 17. (1) Section 3 of this 2019 Act [419B.354 (Placement in congregate care residential setting)] applies to placements of children or wards occurring on or after September 1, 2019. [2019 c.619 §17(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
May. 15, 2020