74th OREGON LEGISLATIVE ASSEMBLY--2007 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 532
A-Engrossed
House Bill 2189
Ordered by the House March 21
Including House Amendments dated March 21
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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.
{ - Requires mandatory child abuse reporters to report likely
and actual child abuse. Increases scope of child abuse
investigations to include investigations of likely child
abuse. - }
{ + Modifies definition of 'abuse' for purposes of child
abuse reporting to include existence of circumstances that create
substantial threat to child. Extends immunity from liability to
persons voluntarily reporting child abuse in good faith. + }
A BILL FOR AN ACT
Relating to child abuse; amending ORS 419B.005, 419B.007,
419B.017, 419B.020 and 419B.025.
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 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
(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 { + , supervision, protection + } or medical
care that is likely to endanger the health or { - welfare - }
{ + safety + } 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) - } { + (G) + } Buying or selling a person under 18
years of age as described in ORS 163.537.
{ - (I) - } { + (H) + } Permitting a person under 18 years
of age to enter or remain in or upon premises where
methamphetamines are being manufactured.
{ - (J) - } { + (I) + } Unlawful exposure to a controlled
substance, as defined in ORS 475.005, that subjects a child to a
substantial risk of harm to the child's health or safety.
{ + (J) The existence of circumstances that create a
substantial threat that a child will experience or be subjected
to any of the conditions or circumstances described in this
paragraph. + }
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(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.
(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.
(g) Psychologist.
(h) Member of the clergy.
(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 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.
(t) Member of the Legislative Assembly.
(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.
SECTION 2. ORS 419B.007 is amended to read:
419B.007. 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.
SECTION 3. ORS 419B.017 is amended to read:
419B.017. (1) The Department of Human Services shall adopt
rules establishing:
(a) The time within which the notification required by ORS
419B.015 { - (1)(a) - } { + (1)(b) + } must be made. At a
minimum, the rules shall:
(A) Establish which reports of child abuse require notification
within 24 hours after receipt;
(B) Provide that all other reports of child abuse require
notification within 10 days after receipt; and
(C) Establish criteria that enable the department, the designee
of the department or a law enforcement agency to quickly and
easily identify reports that require notification within 24 hours
after receipt.
(b) How the notification is to be made.
(2) The department shall appoint an advisory committee to
advise the department in adopting rules required by this section.
The department shall include as members of the advisory committee
representatives of law enforcement agencies and multidisciplinary
teams formed pursuant to ORS 418.747 and other interested
parties.
(3) In adopting rules required by this section, the department
shall balance the need for providing other entities with the
information contained in a report received under ORS 419B.015
with the resources required to make the notification.
(4) The department may recommend practices and procedures to
local law enforcement agencies to meet the requirements of rules
adopted under this section.
SECTION 4. ORS 419B.020 is amended to read:
419B.020. (1) Upon receipt of an oral report of child abuse,
the Department of Human Services 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
(b) Notify the Child Care Division if the alleged child abuse
occurred in a child care facility as defined in ORS 657A.250.
(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 department. The department
shall provide protective social services of its own or of other
available social agencies if necessary to { + protect the child
and to + } prevent { - further abuses to - } { + abuse of + }
the child { - or to safeguard the child's welfare - } .
(3) If a child is taken into protective custody by the
department, the department 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
department or a law enforcement official, the department 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 department 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.
(c) The department also shall make a reasonable effort to
notify the noncustodial parent of the information required by
paragraph (a) of this subsection in a timely manner.
(d) If a child is taken into custody while under the care and
supervision of a person or organization other than the parent,
the department, if possible, shall immediately notify the person
or organization that the child has been taken into protective
custody.
(5) If a law enforcement officer or the department, 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 department 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.
SECTION 5. ORS 419B.025 is amended to read:
419B.025. Anyone participating in good faith in the making of a
report of child abuse { + , whether the report is voluntary or is
required by ORS 419B.010, + } and who has reasonable grounds for
{ - the making thereof - } { + making the report + } 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.
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