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419B.005 Definitions. As used in ORS 418.747, 418.748, 418.749 and 419B.005 to 419B.050, unless the context requires otherwise: (1)(a) "Abuse" means: (A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury. (B) Any mental injury to a child, which shall include only observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child. (C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163. (D) Sexual abuse, as defined in ORS chapter 163. (E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for
people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 or which is designed to serve educational or other legitimate
purposes; and (F) Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care. However, any child who is under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or the child's parent or guardian shall not, for this reason alone, be considered a neglected or maltreated child under this section. (G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as described in ORS 163.537.
(2) "Child" means an unmarried person who is under 18 years of age. (3) "Public or private official" means:
(a) Physician, including any intern or resident. (4) "Law enforcement agency" means:
(a) Any city or municipal police department. 419B.007 Policy. The Legislative Assembly finds that for the purpose of facilitating the use of protective social services to prevent further abuse, safeguard and enhance the welfare of abused children, and preserve family life when consistent with the protection of the child by stabilizing the family and improving parental capacity, it is necessary and in the public interest to require mandatory reports and investigations of abuse of children and to encourage voluntary reports. [1993 c.546 s.13] 419B.010 Duty of officials to report child abuse; exceptions; penalty. (1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295 shall affect the duty to report imposed by this section, except that a psychiatrist, psychologist, clergyman or attorney shall not be required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. (2) A person who violates subsection (1) of this section commits a violation punishable by a fine not exceeding $1,000. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense. [1993 c.546 s.14] 419B.015 Report form and content; notice to law enforcement agencies and local office of State Office for Services to Children and Families. A person making a report of child abuse, whether voluntarily or pursuant to ORS 419B.010, shall make an oral report by telephone or otherwise to the local office of the State Office for Services to Children and Families, to the designee of the State Office for Services to Children and Families or to a law enforcement agency within the county where the person making the report is located at the time of the contact. Such reports shall contain, if known, the names and addresses of the child and the parents of the child or other persons responsible for care of the child, the child's age, the nature and extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator. When a report is received by the State Office for Services to Children and Families, the State Office for Services to Children and Families shall immediately notify a law enforcement agency within the county where the report was made. When a report is received by a designee of the State Office for Services to Children and Families, the designee shall notify, according to the contract, either the State Office for Services to Children and Families or a law enforcement agency within the county where the report was made. When a report is received by a law enforcement agency, the agency shall immediately notify the local office of the State Office for Services to Children and Families within the county where the report was made. [1993 c.546 s.15; 1993 c.734 s.1a] 419B.020 Duty of office or law enforcement agency receiving report; investigation; notice to parents; physical examination; child's consent. (1) Upon receipt of an oral report of child abuse, the State Office for Services to Children and Families or the law enforcement agency shall immediately:
(a) Cause an investigation to be made to determine the nature and cause of the abuse of the child; and (2) 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 State Office for Services to Children and Families. The State Office for Services to Children and Families 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. (3) If a child is taken into protective custody by the State Office for Services to Children and Families, the office shall promptly make reasonable efforts to ascertain the name and address of the child's parents or guardian.
(4)(a) If a child is taken into protective custody by the office or a law enforcement official, the office 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 State Office for Services to Children and Families 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. (5) If a law enforcement officer or the State Office for Services to Children and Families, 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 (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 State Office for Services to Children and Families to consent to physical examinations of the child at other times. (6) A minor child of 12 years of age or older may refuse to consent to the examination described in subsection (5) of this section. The examination shall be conducted by or under the supervision of a physician licensed under ORS chapter 677 or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, trained in conducting such examinations. [1993 c.546 s.16; 1993 c.622 s.7a; 1997 c.130 s.13; 1997 c.703 s.1; 1997 c.873 s.33] 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 s.17] 419B.028 Photographing child during investigation; photographs as records. (1) In carrying out its duties under ORS 419B.020, any law enforcement agency or the State Office for Services to Children and Families may photograph or cause to have photographed any child subject of the investigation for purposes of preserving evidence of the child's condition at the time of the investigation. (2) For purposes of ORS 419B.035, photographs taken under authority of subsection (1) of this section shall be considered records. [1993 c.546 s.18] 419B.030 Central registry of reports. (1) A central state registry shall be established and maintained by the State Office for Services to Children and Families. The local offices of the State Office for Services to Children and Families shall report to the state registry in writing when an investigation has shown reasonable cause to believe that a child's condition was the result of abuse [1993 c.546 s.19] 419B.035 Confidentiality of records; when available to others. (1) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and are not accessible for public inspection. However, the State Office for Services to Children and Families shall make records available to:
(a) Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse; (2) The State Office for Services to Children and Families may make reports and records available to any person, administrative hearings officer, court, agency, organization or other entity when the office determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the assistant director gives prior written approval. The office shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection and subsection (1) of this section. The names, addresses or other identifying information about the person who made the report shall not be disclosed pursuant to this subsection and subsection (1) of this section. (3) Any record made available to a law enforcement agency in this state or to a physician in this state, as authorized by subsections (1) and (2) of this section, shall be kept confidential by the agency or physician. Any record or report disclosed by the office to other persons or entities pursuant to subsections (1) and (2) of this section shall be kept confidential. (4) No officer or employee of the State Office for Services to Children and Families or any person or entity to whom disclosure is made pursuant to subsections (1) and (2) of this section shall release any information not authorized by subsections (1) and (2) of this section. (5) A person who violates subsection (3) or (4) of this section commits a violation punishable by a fine not exceeding $1,000. [1993 c.546 ss.20,20a; 1995 c.278 s.51; 1997 c.328 s.8] 419B.040 Certain privileges not grounds for excluding evidence in court proceedings on child abuse. (1) In the case of abuse of a child, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege, shall not be a ground for excluding evidence regarding a child's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 419B.010 to 419B.050. (2) In any judicial proceedings resulting from a report made pursuant to ORS 419B.010 to 419B.050, either spouse shall be a competent and compellable witness against the other. [1993 c.546 s.21] 419B.045 Investigation conducted on public school premises; notification; role of school personnel. If an investigation of a report of child abuse is conducted on public 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. The school administrator or a school staff member designated by the administrator may, at the investigator's discretion, be present to facilitate the investigation. The State Office for Services to Children and Families or the law enforcement agency making the investigation shall be advised of the child's handicapping conditions, if any, prior to any interview with the affected child. A school administrator or staff member is not authorized to reveal anything that transpires during an investigation in which the administrator or staff member participates nor shall the information become part of the child's school records. The school administrator or staff member may testify at any subsequent trial resulting from the investigation and may be interviewed by the respective litigants prior to any such trial. [1993 c.546 s.22] 418.747 Interagency teams for investigation; duties; training; method of investigation; fatality review process. (1) The district attorney in each county shall be responsible for developing interagency and multidisciplinary teams to consist of but not be limited to law enforcement personnel, State Office for Services to Children and Families protective service workers, Child Care Division personnel, school officials, health departments and courts, as well as others specially trained in child abuse, child sexual abuse and rape of children investigation. (2) The teams shall develop a written protocol for immediate investigation of and notification procedures for child abuse cases and for interviewing child abuse victims. Each team also shall develop written agreements signed by member agencies that specify:
(a) The role of each agency; (3) Each team member and those conducting child abuse investigations and interviews of child abuse victims shall be trained in risk assessment, dynamics of child abuse, child sexual abuse and rape of children, legally sound and age appropriate interview and investigatory techniques. (4) All investigations of child abuse and interviews of child abuse victims shall be carried out by appropriate personnel using the protocols and procedures called for in this section. If trained personnel are not available in a timely fashion and, in the judgment of a law enforcement officer or office employee, there is reasonable cause to believe a delay in investigation or interview of the child abuse victim could place the child in jeopardy of physical harm, the investigation can proceed without full participation of all personnel. This authority applies only for as long as reasonable danger to the child exists. A reasonable effort to find and provide a trained investigator or interviewer shall be made. (5) Protection of the child is of primary importance. To ensure the safe placement of a child, the State Office for Services to Children and Families may request that local multidisciplinary team members obtain criminal history information on any person who is part of the household where the office may place or has placed a child who is in the office's custody. All information obtained by the local team members and the office in the exercise of their duties is confidential and may only be disclosed as necessary to assure the safe placement of a child. (6) Each team shall classify, assess, and review cases under investigation. (7) Each multidisciplinary team shall develop policies that provide for an independent review of investigation procedures of sensitive cases after completion of court actions on particular cases. The policies shall include independent citizen input. Parents of child abuse victims shall be notified of the review procedure. (8) Each team shall establish a local multidisciplinary fatality review process. The purposes of the review process are to:
(a) Coordinate various agencies and specialists to review a fatality caused by child abuse or neglect; (9) In establishing the review process and carrying out reviews, the members of the local multidisciplinary team shall be assisted by the local medical examiner or county health officer as well as others specially trained in areas relevant to the purpose of the local team. (10) The categories of fatalities reviewed by the multidisciplinary team include:
(a) Child fatalities in which child abuse or neglect may have occurred at any time prior to death or have been a factor in the fatality; (11) The local multidisciplinary team shall develop a written protocol for review of child fatalities. The protocol shall be designed to facilitate communication and information between persons who perform autopsies and those professionals and agencies concerned with the prevention, investigation and treatment of child abuse and neglect. (12) Within the guidelines, and in a format, established by the statewide interdisciplinary team established under ORS 418.748, the local team shall provide the statewide team with information regarding child fatalities under subsection (10) of this section. (13) The local multidisciplinary team shall have access to and subpoena power to obtain all medical records, hospital records and records maintained by any state, county or local agency, including, but not limited to, police investigations data, coroner or medical examiner investigative data and social services records, as necessary to complete the review of a specific fatality under subsection (8)(a) of this section. All meetings of the local team relating to the fatality review process required by subsections (8) to (13) of this section shall be exempt from the provisions of ORS 192.610 to 192.690. All information and records acquired by the local team in the exercise of its duties are confidential and may only be disclosed as necessary to carry out the purposes of the local fatality review process. [1989 c.998 s.4; 1991 c.451 s.1; 1993 c.622 s.5; 1995 c.134 s.1; 1997 c.703 s.2] 418.748 Statewide team on child abuse and suicide. (1) The Health Division shall form a statewide interdisciplinary team to meet twice a year to review child fatality cases where child abuse or suicide is suspected, identify trends, make recommendations and take actions involving statewide issues. (2) The statewide interdisciplinary team may recommend specific cases to a local multidisciplinary team for its review under ORS 418.747. (3) The statewide interdisciplinary team shall provide recommendations to local multidisciplinary teams in the development of protocols. The recommendations shall address investigation, training, case selection and fatality review of child deaths, including but not limited to child abuse and youth suicide cases. [1989 c.998 s.5; 1991 c.451 s.4; 1997 c.714 s.2] In this community, report to: (fill in current phone number) State Offices for Services to Children and Families: _________________ County Sheriff’s Office: _______________________________________ Municipal Police Department: __________________________________
Oregon State Police: _________________________________________
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