75th OREGON LEGISLATIVE ASSEMBLY--2009 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 880
Senate Bill 219
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice and Representative Sara Gelser)
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.
Provides that expenses of child abuse medical examinations
required by law may be reimbursed through crime victims'
compensation program. Modifies information necessary to apply for
regional assessment center grants. Modifies type of child abuse
examination required under certain circumstances.
A BILL FOR AN ACT
Relating to medical examinations conducted in cases of suspected
child abuse; amending ORS 147.390, 418.746, 418.747, 418.790
and 419B.023.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 147.390 is amended to read:
147.390. (1) Notwithstanding that a child is not a victim under
ORS 147.015 (1), in cases of suspected child sexual abuse as
described in ORS 419B.005 (1)(a)(C), (D) or (E), or child
physical abuse by an adult or caretaker as otherwise described in
ORS 419B.005 (1)(a)(A), compensation may be made on behalf of the
child for a child abuse medical assessment as defined in ORS
418.782 { + or a medical examination required by ORS
419B.023 + }, if:
(a) The expenses are actually paid or incurred by the
applicant; and
(b) A claim is filed on behalf of the child in the manner
provided in ORS 147.015.
(2) The Department of Justice may pay compensation for child
abuse medical assessments { + or medical examinations required
by ORS 419B.023 + } directly to the provider of the services. The
medical fee schedules for payment under this section shall be the
schedules adopted under ORS 147.035.
SECTION 2. ORS 418.790 is amended to read:
418.790. Each application for funds to establish or maintain a
regional assessment center shall include { + information
required by the rules of the Department of Justice and any other
information requested by the department. + } { - : - }
{ - (1) A description of how the services of the proposed
regional assessment center are to be delivered, including but not
limited to: - }
{ - (a) A coordinated investigation of child abuse
allegations; - }
{ - (b) A child abuse medical assessment in the region or
regions served by the center, including assessments requested by
county multidisciplinary child abuse teams; - }
{ - (c) A neutral, nonintrusive video-recorded interview
pursuant to interviewing guidelines adopted by the Advisory
Council on Child Abuse Assessment; - }
{ - (d) Mental health treatment or referral for mental health
treatment, if indicated as necessary by the assessments; and - }
{ - (e) A complete written report of the assessment
results. - }
{ - (2) A description of any interagency agreements, as
required by ORS 418.747, with the Department of Human Services,
local law enforcement agencies, other regional assessment centers
or other agencies involved in child abuse cases. - }
{ - (3) A description of procedures to be followed in the
proposed regional assessment center, including but not limited
to: - }
{ - (a) The contents, availability and distribution of
written reports for each assessment; - }
{ - (b) The availability of regional assessment center staff
to testify in cases involving alleged abuse of children evaluated
by the assessment center; - }
{ - (c) Coordination with child witness programs and other
child advocacy groups; - }
{ - (d) The level of support available to the regional
assessment center through in-kind contributions from the
community; and - }
{ - (e) A plan for providing training, education,
consultation, technical assistance and referral services to
community assessment centers or intervention services in the
region. - }
{ - (4) Evidence indicating that the applicant has
state-of-the-art equipment and adequately trained staff to
perform child abuse medical assessments and interviews, including
but not limited to: - }
{ - (a) A physician who is trained in the evaluation,
diagnosis and treatment of child abuse and who is licensed to
practice medicine in Oregon by the Oregon Medical Board; and - }
{ - (b) An interviewer who has an advanced academic degree in
human services or who has comparable specialized training and
experience. - }
{ - (5) A description of where the regional assessment center
is to be physically located, including but not limited to a
hospital, medical clinic or other appropriate public or private
agency. The proposed center may not be located in an office of
the Department of Human Services or in the office of any law
enforcement agency. - }
{ - (6) A description of the region to be served. - }
{ - (7) A description of the geographic location of the
proposed regional assessment center. The proposed center shall be
located so that it is reasonably accessible by the community
assessment centers in the region. - }
{ - (8) Evidence that the applicant has a sufficiently
trained staff to provide education, training, consultation,
technical assistance and referral services for community
assessment centers in the region. - }
SECTION 3. ORS 419B.023 is amended to read:
419B.023. (1) As used in this section:
{ + (a) 'Child abuse medical assessment' has the meaning
given that term in ORS 418.782. + }
{ - (a) - } { + (b) + } 'Designated medical professional'
means the person described in ORS 418.747 (9) or the person's
designee.
{ - (b) - } { + (c) + } '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) Multiple injuries of different types;
(J) Injuries causing serious or protracted disfigurement or
loss or 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
{ + child abuse + } 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 { + child abuse + } medical assessment
within 48 hours, the child shall be { - evaluated - } { +
examined + } by an available physician.
(b) If the { + medical examination + } { - child - } is
{ - evaluated - } { + conducted + } by a physician, physician
assistant or nurse practitioner other than a designated medical
professional, the
{ - evaluating - } { + examining + } 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 - }
{ + examination + } of the child.
(c) The person conducting the { + child abuse + } medical
assessment { + or medical examination + } 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
may, 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.
(7) Nothing in this section limits the rights provided to
minors in ORS chapter 109 or the ability of a minor to refuse to
consent to { - the - } { + a child abuse + } medical
assessment { + or medical examination + } described in this
section.
SECTION 4. 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 - } { + child
abuse medical assessments under + } ORS 419B.023.
(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 { + child
abuse + } medical assessment in compliance with ORS 419B.023.
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 5. ORS 418.746 is amended to read:
418.746. (1) The Child Abuse Multidisciplinary Intervention
Account is established separate and distinct from the General
Fund. Interest earned, if any, shall inure to the benefit of the
account. All moneys deposited in the account are continuously
appropriated to the Department of Justice for the purposes of ORS
418.751 and this section.
(2) The Child Abuse Multidisciplinary Intervention Program,
with the advice of the Advisory Council on Child Abuse
Assessment, created by ORS 418.784, shall allocate moneys from
the Child Abuse Multidisciplinary Intervention Account to
eligible county multidisciplinary child abuse teams formed under
ORS 418.747, or entities designated by the teams, serving the
counties from which the moneys were collected. The program may
award only one grant per county. The moneys shall be allocated by
the same formula as, or a formula similar to, the formula used by
the Attorney General for equitable distribution of the fund for
victim's assistance programs under ORS 147.227 (1). Moneys
allocated under this subsection may not be used as replacement
revenues for currently available funds previously allocated by
the county for child abuse intervention.
(3) The Child Abuse Multidisciplinary Intervention Program
shall determine eligibility of the applicants and:
(a) Allocate funds if the applicant is deemed eligible;
(b) Conditionally allocate funds, with appropriate conditions,
when necessary to establish eligibility; or
(c) Deny funding.
(4) In making the eligibility determination, the Child Abuse
Multidisciplinary Intervention Program shall consider the
following nonexclusive list of factors:
(a) Whether the services offered by an applicant substantially
further the goals and purposes of ORS 418.747 { - , 418.790 - }
and 418.792;
(b) Whether the county multidisciplinary child abuse team or
the entity designated by the team has properly allocated other
available funds;
(c) Any evaluations of previously funded services as required
by subsection (7) of this section;
(d) The extent to which the county's coordinated child abuse
multidisciplinary intervention plan provides for comprehensive
services to the victims of child abuse;
(e) Whether the funds are being used as replacement revenues as
prohibited by subsection (2) of this section;
(f) Whether there is a community assessment center or advocacy
center in existence or planned in the county; and
(g) The extent to which funding a community assessment center
is given priority in the intervention plan as required under
subsection (5) of this section.
(5)(a) At least once a biennium, the county multidisciplinary
child abuse team shall submit to the Child Abuse
Multidisciplinary Intervention Program a coordinated child abuse
multidisciplinary intervention plan. The intervention plan must:
(A) Describe all sources of funding, other than moneys that may
be allocated from the Child Abuse Multidisciplinary Intervention
Account, including in-kind contributions that are available for
the intervention plan;
(B) Describe the critical needs of victims of child abuse in
the county, including but not limited to assessment, advocacy and
treatment, and how the intervention plan addresses those needs in
a comprehensive manner;
(C) Include the county's written protocol and agreements
required by ORS 418.747 (2) and 418.785; and
(D) Describe how the intervention plan gives priority to
funding a community assessment center and how the funding
supports the center.
(b) When submitting the intervention plan, the county
multidisciplinary child abuse team shall also submit:
(A) Those applications for funding received from entities under
subsection (6) of this section that the team determines best meet
the needs of the county's intervention plan and a recommendation
that the applications for funding be granted; and
(B) If the team is seeking funding from the Child Abuse
Multidisciplinary Intervention Program, an application setting
forth the information required by rule of the program.
(6) An entity wishing to apply for funding from the Child Abuse
Multidisciplinary Intervention Program shall submit an
application to the county multidisciplinary child abuse team for
the county in which the entity proposes to provide services. The
application shall:
(a) Describe the services to be funded with moneys from the
Child Abuse Multidisciplinary Intervention Program according to
the coordinated child abuse multidisciplinary intervention plan
and the anticipated outcomes in terms of benefits to children and
families; and
(b) Describe how the services further the goals and purposes of
ORS 418.747 { - , 418.790 - } and 418.792.
(7)(a) A designated entity providing services according to a
coordinated child abuse multidisciplinary intervention plan
funded with moneys from the Child Abuse Multidisciplinary
Intervention Program shall submit an annual report to the county
multidisciplinary child abuse team. A multidisciplinary child
abuse team shall submit an annual report to the Child Abuse
Multidisciplinary Intervention Program.
(b) The annual report filed by the county multidisciplinary
child abuse team must:
(A) Document how the moneys were utilized and describe to what
extent the services were able to meet anticipated outcomes in
terms of benefits to children and families.
(B) Include local and state issues and recommendations relating
to the prevention of child fatalities identified in the fatality
review process under ORS 418.785.
(c) A county multidisciplinary child abuse team receiving a
report from a designated entity shall review the report and take
into account success of the entity at meeting service outcomes
before making future recommendations regarding allocation of
moneys.
(d) The Child Abuse Multidisciplinary Intervention Program
shall review reports received under this section before making
future eligibility and allocation decisions and when evaluating
services funded under this section.
(8) Two or more county multidisciplinary child abuse teams may
join together to develop joint child abuse multidisciplinary
intervention plans. The joint intervention plans shall be
submitted as provided in subsection (5) of this section.
(9) The Child Abuse Multidisciplinary Intervention Program may
adopt rules to carry out the provisions of ORS 418.751 and this
section including, but not limited to, the following:
(a) Notices and time limits for applications;
(b) Method of review and the role of advisory bodies; and
(c) Reallocation of moneys not applied for or disbursed.
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