ORS 423.160
Bill of rights of children of incarcerated parents

(1)

The Department of Corrections shall, in cooperation with an existing public body, develop:

(a)

Guidelines using the bill of rights described in subsection (2) of this section as a set of guiding principles for policy and procedure decisions that impact incarcerated individuals with children; and

(b)

Policy and funding recommendations with partners that adhere to those guidelines.

(2)

The bill of rights of children of incarcerated parents described in this section must recognize that each child of an incarcerated parent has certain essential rights, including but not limited to the following:

(a)

To be protected from additional trauma at the time of parental arrest.

(b)

To be informed of the arrest in an age-appropriate manner.

(c)

To be heard and respected by decision makers when decisions are made about the child.

(d)

To be considered when decisions are made about the child’s parent.

(e)

To be cared for in the absence of the child’s parent in a way that prioritizes the child’s physical, mental and emotional needs.

(f)

To speak with, see and touch the incarcerated parent.

(g)

To be informed about local services and programs that can provide support to the child as the child deals with the parent’s incarceration.

(h)

To not be judged, labeled or blamed for the parent’s incarceration.

(i)

To have a lifelong relationship with the incarcerated parent. [2017 c.447 §1]

Source: Section 423.160 — Bill of rights of children of incarcerated parents, https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).

Law Review Citations

97 OLR 255 (2018)

423.010
Definitions for ORS 423.010 to 423.070 423.020
Department of Corrections 423.030
Department not limited by ORS 423.020 423.035
Application of ORS 411.171 (1) 423.045
Handgun or ammunition on department property 423.055
Provision of personal hygiene products 423.070
Deposit and disbursement of funds received under Western Interstate Corrections Compact 423.075
Director 423.076
Director’s authority to grant peace officer power to corrections officer 423.077
Certification of department employees to provide mental health services 423.078
Visitors 423.085
Administrator of Correctional Education 423.090
Establishment or designation of diagnostic facilities 423.093
Reimbursement of expenses from prisoner 423.097
Department of Corrections Account 423.100
Revolving fund 423.105
Payment of court-ordered financial obligations 423.110
Acceptance of moneys for reentry services 423.120
Supplemental funding for reentry of young offenders 423.150
Treatment for drug-addicted persons 423.160
Bill of rights of children of incarcerated parents 423.400
Office established 423.405
Qualifications for office 423.410
Term 423.415
Deputy and additional officers and employees 423.420
General duties and powers 423.425
Investigatory authority 423.430
Investigative priority 423.435
Recommendations following investigation 423.440
Letters between ombudsman and persons in custody 423.445
Witness rights 423.450
Contempt proceedings against person interfering with ombudsman 423.475
Findings 423.478
Duties of department and counties 423.480
Adoption of supervision rules 423.483
Baseline funding 423.486
Costs incurred by county 423.490
Department reimbursement of counties for costs incurred pursuant to ORS 813.011 423.497
National criminal history check 423.500
Definitions for ORS 423.500 to 423.560 423.505
Legislative policy on program funding 423.520
Financial grants to counties for community corrections programs 423.525
Application for financial aid 423.530
Procedure for determining amount of financial grants 423.535
Biennial community corrections plan required 423.540
Program compliance review by Director of Department of Corrections 423.549
State positions in community corrections branch 423.555
Statewide program evaluation and information system 423.557
“Recidivism” defined for statistical evaluations 423.560
Local public safety coordinating council 423.565
Additional duties of public safety coordinating council 423.569
Annual summary 423.600
Legislative findings 423.605
Definition 423.610
Liability of persons associated with program 423.615
Rules

Current through early 2026

§ 423.160. Bill of rights of children of incarcerated parents's source at oregon​.gov