71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 44-1
House Bill 2343
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definition of abuse for purposes of child abuse
reporting. Requires that certain state agencies investigate
failure of licensees or registrants to comply with child abuse
reporting requirement. Requires that certain employers
investigate failure of employee to comply with child abuse
reporting requirement. Imposes training requirements for persons
required to report child abuse.
A BILL FOR AN ACT
Relating to child abuse reporting; amending ORS 418.749, 419B.005
and 419B.010.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419B.005 is amended to read:
419B.005. 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 - }
{ + that + } has been caused by other than accidental means,
including any injury { - which - } { + that + } 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 { + , or an attempt to commit one of
those acts against a child + }.
(D) Sexual abuse, as defined in ORS chapter 163 { + , or an
attempt to commit sexual abuse + }.
(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
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(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 { + , or attempting to buy or sell a
person under 18 years of age + }.
(b) 'Abuse' does not include { + :
(A) + } Reasonable discipline unless the discipline results in
one of the conditions described in paragraph (a) of this
subsection { + ; or
(B) Injury caused by reasonable physical contact between
children occurring during sports activities or play + }.
(2) 'Child' means an unmarried person who is under 18 years of
age.
{ + (3) 'Law enforcement agency' means:
(a) A city or municipal police department.
(b) A county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department. + }
{ - (3) - } { + (4) + } 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Services, State
Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) { - Peace officer - } { + A police officer or a reserve
officer, as those terms are defined in ORS 181.610, who is
employed on a full-time or part-time basis and who is not a
volunteer + }.
(g) Psychologist.
(h) Clergyman.
(i) Licensed clinical social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter { + , as defined in ORS 237.610, + } or
emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
{ - (4) 'Law enforcement agency' means: - }
{ - (a) Any city or municipal police department. - }
{ - (b) Any county sheriff's office. - }
{ - (c) The Oregon State Police. - }
{ - (d) A county juvenile department. - }
{ + (5) 'State agency' has the meaning given that term in ORS
192.005. + }
SECTION 2. ORS 419B.010 is amended to read:
419B.010. (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 Class A violation. Prosecution under this subsection
shall be commenced at any time within 18 months after commission
of the offense.
{ + (3) If a state agency that licenses or registers public
or private officials receives a report that an official who is
licensed or registered by the state agency has failed to comply
with the requirements of this section, and the official is
required to comply with this section by reason of holding the
license or registration, the state agency shall investigate the
report and make a determination as to whether the official failed
to comply with the requirements of this section. If the state
agency determines that the official failed to comply with this
section, the state agency may take disciplinary action against
the official as appropriate under the circumstances.
(4) If an employer receives a report that an employee who is a
public or private official has failed to comply with the
requirements of this section, the employer shall investigate the
report and make a determination as to whether the employee failed
to comply with the requirements of this section. If the employer
determines that the employee failed to comply with this section,
the employer may take disciplinary action against the employee as
appropriate under the circumstances.
(5)(a) A state agency that employs a person required to report
under this section shall require the person to complete one hour
of training every three years. The training must provide
education on the duties of persons under this section. The state
agency shall provide the training without charge to the person.
(b) If a public or private official is required to comply with
this section by reason of holding a license or registration, the
state agency that licenses or registers the official shall
require as a condition of licensing or registration that the
official complete one hour of training every three years. The
training must provide education on the duties of officials under
this section. Training received under this paragraph may be
applied by the state agency against any continuing education
required as a condition of licensing or registration. + }
SECTION 3. ORS 418.749 is amended to read:
418.749. (1) The State Office for Services to Children and
Families shall implement a training and continuing education
curriculum for persons other than law enforcement officers
required by law to investigate allegations of child abuse. The
curriculum shall address the areas of training and education
necessary to facilitate the skills necessary to investigate
reports of child abuse and shall include but not be limited to:
(a) Assessment of risk to the child;
(b) Dynamics of child abuse, child sexual abuse and rape of
children; and
(c) Legally sound and age appropriate interview and
investigatory techniques.
{ - (2) The Oregon State Bar and each board that licenses,
certifies or registers public and private officials required to
report child abuse under ORS 419B.010 shall identify those
persons regulated by the board who in their official capacity
have regular and on-going contact with children and shall notify
those persons every two years of their duty to report child
abuse. Such notice shall contain what the person is required to
report and where such report shall be made and also advise of the
symptoms to look for and provide a contact number for further
information. - }
{ - (3) The State Office for Services to Children and
Families shall develop content of the notice for such a mailing.
The cost of distribution shall be paid by the board. - }
{ - (4) - } { + (2) + } The State Office for Services to
Children and Families shall develop and make available, at cost,
training materials that may be used at training conferences and
other similar events involving { - such - } public
{ - and - } { + or + } private officials, as defined in ORS
419B.005.
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