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 2418
 
                           A-Engrossed
 
                         House Bill 3328
                  Ordered by the House April 19
            Including House Amendments dated April 19
 
Sponsored by Representative GELSER; Representatives BARKER,
  BARNHART, CAMERON, CANNON, D EDWARDS, FLORES, HUNT, KOTEK,
  KRIEGER, MERKLEY, OLSON, READ, ROBLAN, TOMEI
 
 
                             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.
 
  Modifies procedures involved in child abuse investigations.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to child abuse investigations; creating new provisions;
  amending ORS 418.747, 418.785 and 419B.028; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 3 and 4 of this 2007 Act shall be
known and may be cited as 'Karly's Law.' + }
  SECTION 2.  { + Section 3 of this 2007 Act is added to and made
a part of ORS 419B.005 to 419B.050. + }
  SECTION 3.  { + (1) As used in this section:
  (a) 'Designated medical professional' means the person
described in ORS 418.747 (9) or the person's designee.
  (b) 'Suspicious physical injury' includes, but is not limited
to:
  (A) Burns or scalds;
  (B) Extensive bruising or abrasions on any part of the body;
  (C) Bruising, swelling or abrasions on the head, neck or face;
  (D) Fractures of any bone in a child under the age of three;
  (E) Multiple fractures in a child of any age;
  (F) Dislocations, soft tissue swelling or moderate to severe
cuts;
  (G) Loss of the ability to walk or move normally according to
the child's developmental ability;
  (H) Unconsciousness or difficulty maintaining consciousness;
  (I) Malnutrition or failure to thrive;
  (J) Injuries causing serious or protracted disfigurement or
loss of impairment of the function of any bodily organ; or
  (K) Any other injury that threatens the physical well-being of
the child.
  (2) If a person conducting an investigation under ORS 419B.020
observes a child who has suffered suspicious physical injury and
the person has a reasonable suspicion that the injury may be the
result of abuse, the person shall, in accordance with the
protocols and procedures of the county multidisciplinary child
abuse team described in ORS 418.747:
  (a) Immediately photograph or cause to have photographed the
suspicious physical injuries in accordance with ORS 419B.028; and
  (b) Ensure that a designated medical professional conducts a
medical assessment within 48 hours, or sooner if dictated by the
child's medical needs.
  (3) The requirement of subsection (2) of this section shall
apply:
  (a) Each time suspicious physical injury is observed by
Department of Human Services or law enforcement personnel:
  (A) During the investigation of a new allegation of abuse; or
  (B) If the injury was not previously observed by a person
conducting an investigation under ORS 419B.020; and
  (b) Regardless of whether the child has previously been
photographed or assessed during an investigation of an allegation
of abuse.
  (4)(a) Department or law enforcement personnel shall make a
reasonable effort to locate a designated medical professional. If
after reasonable efforts a designated medical professional is not
available to conduct a medical assessment within 48 hours, the
child shall be evaluated by an available physician.
  (b) If the child is evaluated by a physician, physician
assistant or nurse practitioner other than a designated medical
professional, the evaluating physician, physician assistant or
nurse practitioner shall make photographs, clinical notes,
diagnostic and testing results and any other relevant materials
available to the designated medical professional for consultation
within 72 hours following evaluation of the child.
  (c) The person conducting the medical assessment may consult
with and obtain records from the child's regular pediatrician or
family physician under ORS 419B.050.
  (5) Nothing in this section prevents a person conducting a
child abuse investigation from seeking immediate medical
treatment from a hospital emergency room or other medical
provider for a child who is physically injured or otherwise in
need of immediate medical care.
  (6) If the child described in subsection (2) of this section is
less than five years of age, the designated medical professional
shall, within 14 days, refer the child for a screening for early
intervention services or early childhood special education, as
those terms are defined in ORS 343.035. The referral may not
indicate the child is subject to a child abuse investigation
unless written consent is obtained from the child's parent
authorizing such disclosure. If the child is already receiving
those services, or is enrolled in the Head Start program, a
person involved in the delivery of those services to the child
shall be invited to participate in the county multidisciplinary
child abuse team's review of the case and shall be provided with
paid time to do so by the person's employer. + }
  SECTION 4.  { + (1) The Department of Human Services shall
assign a Critical Incident Response Team within 24 hours after
the department determines that a child fatality was likely the
result of child abuse or neglect if:
  (a) The child was in the custody of the department at the time
of death; or
  (b) The child was the subject of a child protective services
assessment by the department within the 12 months preceding the
fatality.
  (2) During the course of its review of the case, the Critical
Incident Response Team may include or consult with the district
attorney from the county in which the incident resulting in the
fatality occurred.
  (3) The department shall adopt rules necessary to carry out the
provisions of this section. The rules adopted by the department
shall substantially conform with the department's child welfare
protocol regarding Notification and Review of Critical
Incidents. + }
  SECTION 5. ORS 419B.028 is amended to read:
  419B.028. (1) In carrying out its duties under ORS 419B.020,
any law enforcement agency or the Department of Human Services
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.
 { + Photographs of the anal or genital region may be taken only
by medical personnel.
  (2) When a child is photographed pursuant to section 3 of this
2007 Act, the person taking the photographs or causing to have
the photographs taken shall, within 48 hours or by the end of the
next regular business day, whichever occurs later:
  (a) Provide hard copies or prints of the photographs and, if
available, copies of the photographs in an electronic format to
the designated medical professional described in ORS 418.747 (9);
and
  (b) Place hard copies or prints of the photographs and, if
available, copies of the photographs in an electronic format in
any relevant files pertaining to the child maintained by the law
enforcement agency or the department. + }
    { - (2) - }  { +  (3) + } For purposes of ORS 419B.035,
photographs taken under authority of   { - subsection (1) of - }
this section shall be considered records.
  SECTION 6. ORS 418.747 is amended to read:
  418.747. (1) The district attorney in each county shall be
responsible for developing county multidisciplinary child abuse
teams to consist of but not be limited to law enforcement
personnel, Department of Human Services child protective service
workers, school officials, county health department personnel,
county mental health department personnel who have experience
with children and family mental health issues, child abuse
intervention center workers, if available, and juvenile
department representatives, 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
are represented on the team that specify:
  (a) The role of each agency;
  (b) Procedures to be followed to assess risks to the child;
  (c) Guidelines for timely communication between member
agencies;
  (d) Guidelines for completion of responsibilities by member
agencies;
  (e) That upon clear disclosure that the alleged child abuse
occurred in a child care facility as defined in ORS 657A.250,
immediate notification of parents or guardians of children
attending the child care facility is required regarding any abuse
allegation and pending investigation; and
  (f) Criteria and procedures to be followed when removal of the
child is necessary for the child's safety.
  (3) Each team member and the personnel 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 and 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 child protective
services worker, 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 may
proceed without full participation of all personnel. This
authority applies only for as long as reasonable danger to the
child exists. A law enforcement officer or child protective
services worker shall make a reasonable effort to find and
provide a trained investigator or interviewer.
  (5) To ensure the protection and safe placement of a child, the
Department of Human Services may request that team members obtain
criminal history information on any person who is part of the
household where the department may place or has placed a child
who is in the department's custody. All information obtained by
the team members and the department in the exercise of their
duties is confidential and may be disclosed only when necessary
to ensure the safe placement of a child.
  (6) Each team shall classify, assess and review cases under
investigation.
  (7)(a) Each team shall develop and implement procedures for
evaluating and reporting compliance of member agencies with the
protocols and procedures required under this section. Each team
shall submit to the administrator of the Child Abuse
Multidisciplinary Intervention Program copies of the protocols
and procedures required under this section and the results of the
evaluation as requested.
  (b) The administrator may:
  (A) Consider the evaluation results when making eligibility
determinations under ORS 418.746 (3);
  (B) If requested by the Advisory Council on Child Abuse
Assessment, ask a team to revise the protocols and procedures
being used by the team based on the evaluation results; or
  (C) Ask a team to evaluate the team's compliance with the
protocols and procedures in a particular case.
  (c) The information and records compiled under this subsection
are exempt from ORS 192.410 to 192.505.
  (8) Each 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.
   { +  (9) Each team shall designate at least one physician,
physician assistant or nurse practitioner who has been trained to
conduct child abuse medical assessments, as defined in ORS
418.782, and who is, or who may designate another physician,
physician assistant or nurse practitioner who is, regularly
available to conduct the medical assessment described in section
3 of this 2007 Act.
  (10) If photographs are taken pursuant to ORS 419B.028, and if
the team meets to discuss the case, the photographs shall be made
available to each member of the team at the first meeting
regarding the child's case following the taking of the
photographs.
  (11) No later than September 1, 2008, each team shall submit to
the Department of Justice a written summary identifying the
designated medical professional described in subsection (9) of
this section. After that date, this information shall be included
in each regular report to the Department of Justice.
  (12) If, after reasonable effort, the team is not able to
identify a designated medical professional described in
subsection (9) of this section, the team shall develop a written
plan outlining the necessary steps, recruitment and training
needed to make such a medical professional available to the
children of the county. The team shall also develop a written
strategy to ensure that each child in the county who is a
suspected victim of child abuse will receive a medical assessment
in compliance with section 3 of this 2007 Act. This strategy, and
the estimated fiscal impact of any necessary recruitment and
training, shall be submitted to the Department of Justice no
later than September 1, 2008. This information shall be included
in each regular report to the Department of Justice for each
reporting period in which a team is not able to identify a
designated medical professional described in subsection (9) of
this section. + }
  SECTION 7.  { + No later than October 1, 2008, the Department
of Justice shall submit to the appropriate interim legislative
committee a report documenting the progress in the implementation
of section 3 of this 2007 Act and the amendments to ORS 418.747,
418.785 and 419B.028 by sections 5, 6 and 8 of this 2007 Act. The
report shall also include, but is not limited to, any fiscal
constraints encountered in the implementation of section 3 of
this 2007 Act and the amendments to ORS 418.747, 418.485 and
419B.028 by sections 5, 6 and 8 of this 2007 Act. + }
  SECTION 8. ORS 418.785 is amended to read:
  418.785. (1) Each county multidisciplinary child abuse team
shall establish a child fatality review team to conduct child
fatality reviews. The purpose of the review process is to help
prevent severe and fatal child abuse and neglect by:
  (a) Identifying local and state issues related to preventable
child fatalities; and
  (b) Promoting implementation of recommendations at the county
level.
  (2) In establishing the review process and carrying out
reviews, the child fatality review team shall be assisted by the
county medical examiner or county health officer as well as other
professionals who are specially trained in areas relevant to the
purpose of the team.
  (3) The categories of fatalities reviewed by the child fatality
review team include:
  (a) Child fatalities in which child abuse or neglect may have
occurred at any time prior to death or may have been a factor in
the fatality;
  (b) Any category established by the county multidisciplinary
child abuse team;
  (c) All child fatalities where the child is less than 18 years
of age and there is an autopsy performed by the medical examiner;
and
  (d) Any specific cases recommended for local review by the
statewide interdisciplinary team established under ORS 418.748.
  (4) A child fatality review team shall develop a written
protocol for review of child fatalities. The protocol shall be
designed to facilitate communication and the exchange of
information between persons who perform autopsies and those
professionals and agencies concerned with the prevention,
investigation and treatment of child abuse and neglect.
  (5) Within the guidelines, and in a format, established by the
statewide interdisciplinary team established under ORS 418.748,
the child fatality review team shall provide the statewide
interdisciplinary team with information regarding the categories
of child fatalities described under subsection (3) of this
section.
   { +  (6) Upon the conclusion of a criminal case involving a
child fatality, or upon the conclusion of a direct appeal if one
is taken, the district attorney may submit a letter to the
Governor and the Director of Human Services outlining
recommendations for the systemic improvement of child abuse
investigations. + }
  SECTION 9.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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