Chapter 418 — Child
Welfare Services
2011 EDITION
CHILD WELFARE SERVICES
HUMAN SERVICES; JUVENILE CODE;
CORRECTIONS
CHILD WELFARE SERVICES GENERALLY
418.001 Definition
for ORS 418.005 to 418.030
418.005 Powers
of department in connection with child welfare services; rules; advisory
committee
418.010 Children
not to be taken charge of when parents object
418.015 Custody
and care of needy children by department
418.016 Criminal
records checks required for caregivers of children and for other persons in
household; rules
418.017 Parent
allowed to anonymously leave child at authorized facility; facility immunity;
notification to department
418.018 Department
required to inform public about ORS 418.017 and affirmative defense; funding
418.020 Unexpended
balances of budgeted county funds may be expended as aid for children
418.025 Prevention,
reduction or control of juvenile delinquency by county programs and activities
418.027 Agreements
for custody, care or treatment; rules
418.030 Services
to prevent, control and treat juvenile delinquency
418.032 Department
subrogated to right of support for certain children in department custody;
child support agreements for children with disabilities
418.033 Release
of records to citizen review board; when findings of board public; rules
418.034 Department
responsible for costs of medical care of certain children in detention or
lockup facilities; recovery of costs; obtaining additional funds
418.036 Child
welfare report
PREVENTION OF CHILD ABUSE AND NEGLECT
418.189 Policy
on child abuse and neglect
CHILD-CARING AGENCIES; PLACEMENT IN
FOSTER HOMES BY CHILD-CARING AGENCIES
418.205 Definitions
for ORS 418.205 to 418.310 and 418.992 to 418.998
418.210 Application
of ORS 418.205 to 418.325
418.215 Private
child-caring agency to be licensed
418.240 Licensing
criteria; duration; fees; rules
418.243 Outdoor
Youth Program Advisory Board; duties; membership; staff
418.244 Officers
of Outdoor Youth Program Advisory Board; quorum; meetings
418.246 Bond
for outdoor youth program licensure
418.250 Supervision
of child-caring agencies
418.255 Inspection
and supervision; training
418.260 Investigation
of abuses, derelictions or deficiencies in child-caring agencies
418.263 Private
Child-Caring Agencies Fund
418.265 Reports;
audit
418.270 Surrender
of child to private child-caring agency; consent to adoption; time for adoption
proceedings; effect of release and surrender
418.275 Private
child-caring agency as guardian of child; power of agency
418.280 Placement
of children
418.285 Authority
of department same as private child-caring agency under ORS 418.270 to 418.280
418.290 Child
placement by nonresident
418.295 Certain
attorneys not to represent prospective adoptive parents; employees not to
recommend any attorney to prospective adoptive parents
418.300 When
child placement by private persons prohibited
418.302 Administrative
review required for certain children in voluntary placement
418.305 Authority
of department to visit placed-out children; location and relationships
confidential
418.306 Denial
of visitation by child-caring agency as disciplinary measure prohibited
418.307 Medical
or dental treatment of children without consent; conditions; immunity of
treating personnel
418.310 Application
of statutes to institutions caring for adults and children
418.312 When
transfer of custody not required; voluntary placement agreement; review of
children placed in certain institutions
418.315 Department
may provide foster care for children surrendered or committed to department
418.319 Goal
regarding placed children receiving federal assistance
418.325 Medical
examinations required; frequency; child’s health record; other health care;
explanation to adoptive parents
418.327 Licensing
of certain schools and organizations offering residential programs; fees; rules
PAYMENTS TO ADOPTIVE PARENTS
418.330 Payments
to adoptive parents; conditions; limitations
418.335 Determination
of eligibility for payments; review; hearing
418.340 Rules
SHELTER-CARE HOMES
418.470 Authority
to pay for shelter-care homes
418.472 Siting
of shelter-care home
INDEPENDENT RESIDENCE FACILITIES
418.475 Independent
residence facilities; extent and nature of agreement between minor and
department
PURCHASE OF CARE
418.480 “Purchase
of care” defined
418.485 Policy;
annual report
418.490 Coordination
of state activities
418.495 Authority
to purchase care; agreement content; payment standards for foster care; rules
418.500 Out-of-state
care for children
USE OF PSYCHOTROPIC MEDICATIONS
418.517 Procedures
for use of psychotropic medications for children in foster care; rules; hearing
STRENGTHENING, PRESERVING AND REUNIFYING
FAMILIES PROGRAMS
418.575 Definitions
for ORS 418.575 to 418.598
418.578 Legislative
findings
418.580 Strengthening,
Preserving and Reunifying Families programs; implementation; contracts;
services provided; rules; training; funding; annual report
418.585 Strengthening,
Preserving and Reunifying Families Program Fund
418.590 Waiver
of federal requirements; plan for reinvesting savings and combining resources
418.595 Placement
and referral to program to be considered in reasonable or active efforts
determination; written explanation
418.598 Rules
FOSTER HOMES NOT SUPERVISED BY
CHILD-CARING AGENCIES
418.625 Definitions
for ORS 418.625 to 418.645
418.627 Placement
consistent with the Indian Child Welfare Act
418.630 Foster
home must be certified as approved
418.635 Certificate
of approval; revocation
418.640 Supervision
of foster homes; foster and adoptive parent training; rules; law enforcement
officer training
418.642 Confidentiality
of information about person who maintains foster home; exceptions; rules
418.643 Denial
of visitation by foster home as disciplinary measure prohibited
418.645 Appeal
from decision of department
418.647 Foster
care payments
418.648 Rights
of foster parents
OREGON YOUTH CONSERVATION CORPS
418.650 Policy;
purpose
418.653 Oregon
Youth Conservation Corps; advisory committee; appointment; term; duties
418.657 Duties
of program director; participant eligibility; rules; staff
418.658 Oregon
Community Stewardship Corps; projects; tuition vouchers for program
participants; sponsors; criteria; rules
418.660 Projects;
consistency with public land law
418.663 Employment
goals
A. R. BURBANK TRUST FUND
418.675 Powers
and duties of trustees of A. R. Burbank Trust Fund
418.680 Annual
report of trustees
418.685 Certain
agencies declared to be orphans’ homes
GENERAL POLICY
418.688 Policy
YOUTH SPORTS ACTIVITIES
418.691 Definitions
for ORS 418.691 to 418.701
418.696 Youth
sports providers encouraged to perform certain activities related to
qualifications of coaches or supervisors
418.699 Additional
duties or liabilities not imposed on youth sports providers
418.701 Youth
sports providers authorized to request criminal background checks from
Department of State Police
MISCELLANEOUS PROVISIONS
418.702 Training
and continuing education for mandatory reporters; notice to persons required to
report child abuse
418.704 Youth
Suicide Prevention Coordinator; duties
418.706 State
Technical Assistance Team for child fatalities; duties
DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
418.712 Definitions
for ORS 418.714 and 418.718
418.714 Domestic
violence fatality review teams
418.718 Statewide
team
INVESTIGATION OF CHILD ABUSE, RAPE AND
SUICIDE
418.746 Child
Abuse Multidisciplinary Intervention Account; uses; eligibility determination;
plans; rules
418.747 County
teams for investigation; duties; training; method of investigation; designated
medical professional
418.748 Statewide
team on child abuse and suicide
418.751 Training
and education for persons investigating child abuse
REGIONAL ASSESSMENT CENTERS AND
COMMUNITY ASSESSMENT SERVICES
418.780 Purpose
418.782 Definitions
for ORS 418.746 to 418.796
418.783 Child
Abuse Multidisciplinary Intervention Program
418.784 Advisory
Council on Child Abuse Assessment; membership; officers; meetings; quorum
418.785 Child
Fatality Review Teams
418.786 Grant
program
418.788 Grant
application; criteria for awarding grants; rules
418.790 Application
contents for regional centers; rules
418.792 Application
contents for community assessment center
418.793 Report
to Child Abuse Multidisciplinary Intervention Program; rules
418.794 Confidentiality
of video recordings
418.795 Confidentiality
of information and records
418.796 Authority
of council to solicit and accept contributions
418.800 Review
of certain cases by county multidisciplinary child abuse team
REFUGEE CHILDREN
418.925 “Refugee
child” defined
418.927 When
refugee child may be removed from home; placement
418.930 Petition
to juvenile court required upon removal of refugee child
418.933 Judicial
determination on removal required
418.935 Petition
by relative of refugee child
418.937 Placement
decision; order of preference for placement
418.939 Record
for refugee child; content
418.941 Refugee
Child Welfare Advisory Committee; duties; access to juvenile records
418.943 Annual
report
418.945 Rules
LOCAL RESIDENTIAL CHILD CARE FACILITIES
418.950 Definitions
for ORS 418.950 to 418.970
418.955 Policy
418.960 City
and county siting of child-caring facilities; applications; denial procedure;
proof of facility qualifications
418.965 Approval
or denial of applications
418.970 ORS
418.950 to 418.970 inapplicable to existing facilities
YOUTH SERVICES WRAPAROUND INITIATIVES
418.975 Definitions
for ORS 418.975 to 418.985
418.977 Core
values; principles
418.980 Partner
agencies; duties
418.982 Authority
of partner agencies; rules
418.985 Children’s
Wraparound Initiative Advisory Committee; membership; reports
PENALTIES
418.990 Criminal
penalties
418.992 Civil
penalty
418.993 Procedure
418.994 Schedule
of penalties; rules
418.995 Factors
considered in imposing penalty
418.997 Judicial
review
418.998 Disposition
of penalties
CHILD WELFARE SERVICES GENERALLY
418.001 Definition for ORS 418.005 to 418.030.
As used in ORS 418.005 to 418.030, “child” or “juvenile” means an individual
under 21 years of age. [1973 c.827 §34]
418.003 [1973
c.463 §§2,3; repealed by 2001 c.900 §261]
418.005 Powers of department in connection
with child welfare services; rules; advisory committee.
(1) In order to establish, extend and strengthen welfare services for the
protection and care of homeless, dependent or neglected children or children in
danger of becoming delinquent, the Department of Human Services may:
(a)
Make all necessary rules and regulations for administering child welfare
services under this section.
(b)
Accept and disburse any and all federal funds made available to the State of
Oregon for child welfare services.
(c)
Make such reports in such form and containing such information as may from time
to time be required by the federal government and comply with such provisions
as may from time to time be found necessary to insure correctness and
verification of such reports.
(d)
Cooperate with medical, health, nursing and welfare groups and organizations
and with any agencies in the state providing for protection and care of
homeless, dependent or neglected children or children in danger of becoming
delinquent.
(e)
Cooperate with the United States Government or any of its agencies in
administering the provisions of this section.
(2)(a)
There is created an advisory committee that shall consist of 21 members to
advise the department on the development and administration of child welfare
policies, programs and practices. Members shall be appointed by and serve at
the pleasure of the Director of Human Services.
(b)
Advisory committee membership shall include representatives of other state
agencies concerned with services, representatives of professional, civic or
other public or private organizations, private citizens interested in service
programs, and recipients of assistance or service or their representatives.
(c)
Members of the advisory committee shall receive no compensation for their
services. Members of the advisory committee other than members employed in
full-time public service shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties by the department. Such
reimbursements shall be subject to the provisions of ORS 292.210 to 292.288.
Members of the advisory committee who are employed in full-time public service
may be reimbursed for their actual and necessary expenses incurred in the
performance of their duties by their employing agency.
(d)
The advisory committee shall meet at least once every three months.
(3)
Subject to the allotment system provided for in ORS 291.234 to 291.260, the
department may expend the amounts necessary to carry out the purposes and
administer the provisions of this section. [Formerly 419.002; 1971 c.401 §12;
1975 c.352 §1; 1997 c.249 §130; 2001 c.900 §112; 2003 c.14 §210]
418.010 Children not to be taken charge of
when parents object. Nothing in ORS 418.005 shall be
construed as authorizing any state official, agent or representative, in
carrying out any of the provisions of that section, to take charge of any child
over the objection of either of the parents of such child or of the person
standing in loco parentis to such child. [Formerly 419.004]
418.015 Custody and care of needy children
by department. (1) The Department of Human Services
may, in its discretion, accept custody of children and may provide care,
support and protective services for children who are dependent or neglected,
who have mental or physical disabilities or who for other reasons are in need
of public service.
(2)
The department shall accept any child placed in its custody by a court under,
but not limited to ORS chapter 419B or 419C, and shall provide such services
for the child as the department finds to be necessary.
(3)
All children in the legal custody of the department who, in the judgment of the
Director of Human Services or the authorized representative for the director
are in need of care or treatment services, may be placed with any person or
family of good standing or any child caring agency for such services under an
agreement pursuant to ORS 418.027. [Formerly 419.006; 1971 c.401 §13; 1971
c.698 §1; 1977 c.117 §1; 1987 c.157 §1; 1993 c.33 §326; 2007 c.70 §196]
418.016 Criminal records checks required
for caregivers of children and for other persons in household; rules.
(1) To protect the health and safety of children who are in the custody of the
Department of Human Services and who may be placed in a foster home or adoptive
home or with a relative caregiver, the department shall adopt rules pursuant to
ORS 181.534 and ORS chapter 418 to require that criminal records checks be
conducted under ORS 181.534 on:
(a)
All persons who seek to be foster parents, adoptive parents or relative
caregivers; and
(b)
Other individuals over 18 years of age who will be in the household of the
foster parent, adoptive parent or relative caregiver.
(2)
Rules adopted under subsection (1) of this section shall include:
(a)
A list of crimes for which a conviction disqualifies a person from becoming a
foster parent, adoptive parent or relative caregiver;
(b)
A requirement that persons who have been convicted of crimes listed in the
rules are disqualified from becoming a foster parent, adoptive parent or
relative caregiver; and
(c)
A provision that the department may approve a person who has been convicted of
certain crimes listed in the rules if the person demonstrates to the department
that:
(A)
The person possesses the qualifications to be a foster parent or adoptive
parent regardless of having been convicted of a listed crime; or
(B)
The disqualification would create emotional harm to the child for whom the
person is seeking to become a foster parent, adoptive parent or relative
caregiver and placement of the child with the person would be a safe placement
that is in the best interests of the child. [2001 c.686 §26; 2005 c.730 §23;
2007 c.611 §1]
Note:
418.016 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 418 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
418.017 Parent allowed to anonymously
leave child at authorized facility; facility immunity; notification to
department. (1) A parent may leave an infant at an
authorized facility in the physical custody of an agent, employee, physician or
other medical professional working at the authorized facility if the infant:
(a)
Is 30 days of age or younger as determined to a reasonable degree of medical
certainty; and
(b)
Has no evidence of abuse.
(2)
A parent leaving an infant under this section is not required to provide any
identifying information about the infant or the parent.
(3)
An agent, employee, physician or other medical professional working at an
authorized facility shall receive an infant brought to the authorized facility
under this section.
(4)
If acting in good faith in receiving an infant, an authorized facility
receiving an infant under this section and any agent, employee, physician or
other medical professional working at the authorized facility are immune from
any criminal or civil liability that otherwise might result from their actions
relating to receiving the infant. A city, county or other political subdivision
of this state that operates a sheriff’s office, police station or fire station
that receives an infant under this section is immune from any criminal or civil
liability that otherwise might result from the actions taken by its employees
or agents in receiving the infant.
(5)
When an infant has been left at an authorized facility as provided in this
section:
(a)
The authorized facility shall notify the Department of Human Services that an
infant has been left at the facility as provided in subsection (1) of this
section no later than 24 hours after receiving the infant.
(b)
The infant is deemed abandoned for purposes of ORS 419B.100, and the department
is deemed to have protective custody of the infant under ORS 419B.150 from the
moment the infant was left at the facility. The department shall comply with
the applicable provisions of ORS chapter 419B with regard to the infant.
(6)
The authorized facility shall release the infant to the department when release
is appropriate considering the infant’s medical condition and shall provide the
department with all information the facility has regarding the infant.
(7)
As used in this section:
(a)
“Abuse” has the meaning given that term in ORS 419B.005.
(b)
“Authorized facility” means a hospital as described in ORS 442.015,
freestanding birthing center as defined in ORS 442.015, physician’s office,
sheriff’s office, police station or fire station.
(c)
“Physician” means a person licensed by the Oregon Medical Board to practice
medicine and surgery. [2001 c.597 §1; 2005 c.22 §288]
Note:
418.017 and 418.018 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 418 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
418.018 Department required to inform
public about ORS 418.017 and affirmative defense; funding.
(1) The Department of Human Services shall inform the public about the
provisions of ORS 418.017 and the affirmative defense created in ORS 163.535.
(2)
Notwithstanding any other provision of law, the Department of Human Services
may accept gifts, grants or contributions from any source, whether public or
private, for the purpose of carrying out subsection (1) of this section. Moneys
accepted under this subsection shall be deposited in the State Treasury to the
credit of the department and are continuously appropriated to the department
for the payment of expenses and costs incurred in carrying out subsection (1)
of this section. [2001 c.597 §3]
Note: See
note under 418.017.
418.020 Unexpended balances of budgeted
county funds may be expended as aid for children.
The governing body of any county may expend as aid for homeless, neglected or
abused children, foundlings or orphans, wayward children or children in need of
correctional or institutional care or committed to a youth care center, as
defined in ORS 420.855, the whole or any part of any unexpended balance of any
fund budgeted by the county for any purpose whatsoever. [Formerly 419.008; 1965
c.567 §§10,11; 1967 c.444 §8]
418.025 Prevention, reduction or control
of juvenile delinquency by county programs and activities.
(1) The governing body of any county, or its representatives designated by it
for the purpose, on behalf of the county, may:
(a)
Conduct programs and carry on and coordinate activities for the prevention,
reduction or control of juvenile delinquency, including but not limited to the
establishment and operation of youth care centers, as defined in ORS 420.855,
to care for children committed to the custody of the centers under ORS 420.865.
(b)
Cooperate, coordinate or act jointly with any other county, any city or any
appropriate officer or public or private agency in conducting programs and
carrying on and coordinating activities for the prevention, reduction or
control of juvenile delinquency, including but not limited to the
establishment, support and maintenance of joint agencies, institutions or youth
care centers to conduct such programs and carry on and coordinate such
activities.
(c)
Expend county moneys for the purposes referred to in paragraph (a) or (b) of
this subsection.
(d)
Accept and use or expend property or moneys from any public or private source
made available for the purposes referred to in paragraph (a) or (b) of this
subsection.
(2)
All officers and agencies of a county, upon request, shall cooperate in so far
as possible with the governing body of the county, or its designated
representatives, in conducting programs and carrying on and coordinating
activities under subsection (1) of this section. [Formerly 419.010; 1965 c.567 §§12,13;
1967 c.444 §9]
418.027 Agreements for custody, care or treatment;
rules. (1) The Director of Human Services or
the authorized representative of the director may enter into agreements with
persons, families or child caring agencies found suitable for the placement of
children in the legal custody of the Department of Human Services. If, in the
judgment of the director or the authorized representative of the director, a
child needs placement services after reaching 18 years of age, such services
must be approved by the director or authorized representative.
(2)
The agreement shall provide for such services as the child might require, such
as the custody, care or treatment of the child for a time fixed in the
agreement but not to exceed the time when the child reaches 21 years of age.
(3)
The agreement shall be signed by the person or authorized representative of the
agency providing the care or treatment and by the director or the authorized
representative of the director.
(4)
If the agreement provides for payments to the agency providing such services as
the child may require, the department shall make these payments.
(5)
The department shall adopt rules specifying criteria upon which the director
shall base the judgment that a child needs placement services after reaching 18
years of age. [1987 c.157 §3]
418.030 Services to prevent, control and treat
juvenile delinquency. The Department of Human Services
may provide consultation services related to the prevention, control and
treatment of juvenile delinquency to local and statewide public and private
agencies, groups and individuals or may initiate such consultation services.
Consultation services include but are not limited to conducting studies and
surveys, sponsoring or participating in education programs, and advising and
assisting agencies, groups and individuals. [1971 c.401 §90; 1975 c.795 §1;
1995 c.79 §212]
418.032 Department subrogated to right of
support for certain children in department custody; child support agreements
for children with disabilities. (1) Whenever
the Department of Human Services has accepted custody of a child under the
provisions of ORS 418.015 and is required to provide financial assistance for
the care and support of the child, the state shall, by operation of law, be
assignee of and subrogated to any right to support from any other person
including any sums that may have accrued, up to the amount of assistance
provided by the department. If the right to support is contained in a judgment
or order that requires a single gross monthly payment for the support of two or
more children, the assignment and right of subrogation shall be of such child’s
proportionate share of the gross amount. The assignment shall be as provided in
ORS 412.024.
(2)
The department shall attempt to enter into agreements with any person who
voluntarily gives custody of a child with a mental or physical disability to
the department. Any agreement entered into shall set out the timely and
nonadversarial settlement of child support obligations that the person may have
with respect to the child. [1979 c.343 §4; 1995 c.502 §1; 1999 c.80 §75; 2003
c.73 §65; 2003 c.576 §445; 2007 c.70 §197]
418.033 Release of records to citizen
review board; when findings of board public; rules.
The Department of Human Services may release pertinent portions of client or
provider records to citizen review boards established by the department to hear
client or provider grievances pursuant to rules of the department. The citizen
review boards may make such information available to participants in the review
of client or provider grievances. The findings of the citizen review board in
client or provider grievances may be disclosed to the public, at the discretion
of the department, if the aggrieved client or provider has disclosed
information concerning the grievance to the public either directly or through
another person or persons acting on behalf of the aggrieved client or provider.
[1985 c.601 §3]
418.034 Department responsible for costs
of medical care of certain children in detention or lockup facilities; recovery
of costs; obtaining additional funds. (1)
Notwithstanding ORS 169.140 or any other provision of law, within the
availability of funds therefor, the Department of Human Services shall be
responsible for the costs and expenses associated with the provision of medical
care for any child in the care and custody of the Department of Human Services
who is held in a juvenile detention facility or in a local correctional
facility or lockup as defined in ORS 169.005.
(2)
Nothing in subsection (1) of this section prevents the Department of Human
Services from obtaining reimbursement for such costs and expenses as provided
in ORS 419B.400, 419B.402, 419B.404, 419B.406, 419C.590, 419C.592, 419C.595 or
419C.597.
(3)
If funds are not available to pay for medical costs as required by subsection
(1) of this section, the Department of Human Services shall apply to the
Emergency Board or to the Legislative Assembly for additional necessary funds.
(4)
As used in this section, “medical care” means emergency medical care or medical
care for a medical condition that existed prior to the child’s being held in a
juvenile detention facility or in a local correctional facility or lockup. [1979
c.97 §1; 1993 c.33 §327]
418.035
[Formerly 419.052 and then 418.055; 1967 c.155 §1; 1969 c.69 §7; 1981 c.819 §1;
1983 c.414 §2; 1995 c.343 §45; 1999 c.59 §111; 2003 c.14 §211; 2007 c.861 §1;
renumbered 412.001 in 2007]
418.036 Child welfare report.
On or before November 1 of each even-numbered year, the Department of Human
Services shall develop and submit a report to the appropriate legislative
interim committees dealing with child welfare matters. The report shall cover
the prior 24-month period and shall include, but need not be limited to:
(1)
The number of children in foster care;
(2)
The number of children that have had more than one foster care placement;
(3)
The number of placements for each child described in subsection (2) of this
section;
(4)
The percentage of foster children placed apart from siblings;
(5)
The number of placement changes experienced by foster children;
(6)
The number and percentage of children placed with relatives; and
(7)
The department’s Status of Children in Oregon’s Child Protection System annual
report. [2007 c.238 §1]
Note:
418.036 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 418 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
418.040
[Formerly 419.054 and then 418.060; 1969 c.468 §5; 1995 c.816 §1; 1997 c.581 §27;
2005 c.22 §289; 2007 c.861 §2; renumbered 412.006 in 2007]
418.042 [1975
c.458 §12; 1983 c.767 §4; 1995 c.816 §9; 1999 c.80 §74; 2003 c.14 §212; 2003
c.73 §66; 2007 c.861 §12; renumbered 412.024 in 2007]
418.045
[Formerly 419.056 and then 418.065; 1965 c.41 §1; 1995 c.816 §2; 1997 c.581 §28;
2007 c.861 §§3,3a; renumbered 412.009 in 2007]
418.047 [1995
c.816 §7; 1997 c.581 §29; renumbered 412.151 in 2007]
418.050 [1963
c.610 §5; 1975 c.243 §1; 1997 c.581 §30; 2001 c.900 §113; renumbered 412.026 in
2007]
418.054 [1963
c.610 §6; 1973 c.823 §132; renumbered 412.028 in 2007]
418.055
[Formerly 419.052; 1963 c.610 §1; renumbered 418.035]
418.059 [1963
c.610 §7; 1973 c.823 §133; renumbered 412.029 in 2007]
418.060
[Formerly 419.054; renumbered 418.040]
418.065
[Formerly 419.056; 1963 c.610 §2; renumbered 418.045]
418.070 [1961
c.712 §2; 1963 c.610 §3; 1967 c.155 §2; 1969 c.65 §1; 1973 c.464 §2; 1983 c.414
§3; 1985 c.622 §2; 1997 c.581 §31; 1999 c.59 §112; 2001 c.900 §114; 2003 c.14 §213;
2007 c.806 §14; 2007 c.861 §4; renumbered 418.647 in 2007]
418.075 [1961
c.712 §3; 1971 c.779 §54; 2003 c.14 §214; 2005 c.218 §7; 2007 c.861 §14;
renumbered 412.034 in 2007]
418.080 [1961
c.712 §5; repealed by 1965 c.538 §1]
418.085 [1961 c.712
§4; 2003 c.14 §215; 2007 c.861 §15; renumbered 412.039 in 2007]
418.090 [1961
c.712 §6; repealed by 1971 c.779 §78]
418.095 [1961
c.712 §7; 1965 c.291 §3; 1967 c.130 §6; repealed by 2007 c.861 §23]
418.097 [1963
c.610 §8; 1967 c.130 §7; renumbered 412.044 in 2007]
418.100
[Formerly 419.058; 1971 c.779 §56; 1975 c.242 §1; 1997 c.581 §32; renumbered
412.049 in 2007]
418.105
[Formerly 419.060; repealed by 1971 c.779 §78]
418.110
[Formerly 419.062; 1969 c.68 §9; 1971 c.779 §57; renumbered 412.054 in 2007]
418.115
[Formerly 419.064; 1969 c.68 §10; 1971 c.779 §58; renumbered 412.059 in 2007]
418.120
[Formerly 419.066; 1969 c.68 §11; 1971 c.779 §59; renumbered 412.064 in 2007]
418.125
[Formerly 419.068; 1971 c.779 §60; 1973 c.612 §16; renumbered 412.069 in 2007]
418.130
[Formerly 419.070; 1975 c.387 §1; 1995 c.609 §9; 1997 c.581 §33; 2001 c.900 §115;
2003 c.14 §216; renumbered 412.074 in 2007]
418.131 [1995
c.816 §4; 2003 c.212 §3; 2007 c.861 §5; renumbered 412.079 in 2007]
418.132 [1995
c.816 §5; 1997 c.581 §34; 2007 c.861 §16; renumbered 412.084 in 2007]
418.133 [1995
c.816 §11; repealed by 1997 c.581 §48]
418.134 [1995
c.816 §6; 1997 c.581 §35; 2007 c.861 §§5a,5b; renumbered 412.089 in 2007]
418.135
[Formerly 419.072; 1971 c.779 §61; 1979 c.690 §14; 2007 c.356 §5; renumbered
412.094 in 2007]
418.140 [1961
c.341 §2; 1963 c.332 §1; 1969 c.246 §1; renumbered 412.099 in 2007]
418.145 [1963
c.332 §3; 1967 c.446 §1; 1971 c.779 §62; 1997 c.581 §36; renumbered 412.104 in
2007]
418.147 [1987
c.3 §10; 1997 c.581 §37; renumbered 412.109 in 2007]
418.149 [1987
c.3 §§11,12; 2007 c.861 §5c; renumbered 412.114 in 2007]
418.150 [1969
c.281 §2; 1997 c.581 §38; 2005 c.22 §290; renumbered 412.076 in 2007]
418.155 [1969
c.281 §3; 1973 c.222 §1; 1995 c.816 §12; 1997 c.581 §39; 2003 c.14 §217; 2007
c.861 §6; renumbered 412.124 in 2007]
418.160 [1969
c.281 §4; 1973 c.222 §2; 1979 c.452 §1; 1995 c.816 §13; 2007 c.861 §19;
renumbered 412.139 in 2007]
418.163 [1973
c.222 §4; 1979 c.452 §2; 2001 c.900 §116; 2007 c.861 §20; renumbered 412.144 in
2007]
418.165 [1969
c.281 §5; repealed by 1973 c.222 §5]
418.170 [1969
c.281 §6; repealed by 1973 c.222 §5]
418.172 [1975
c.734 §3; 1977 c.841 §12; 1997 c.170 §30; renumbered 412.155 in 2007]
418.175 [1969
c.281 §§7,8; repealed by 1973 c.222 §5]
418.180 [1983
c.414 §1; 1985 c.622 §1; 1997 c.581 §40; renumbered 412.161 in 2007]
418.185 [1983
c.414 §4; 1995 c.816 §10; 1997 c.581 §41; repealed by 2007 c.861 §23]
PREVENTION OF CHILD ABUSE AND NEGLECT
418.187 [1985
c.549 §1; repealed by 1999 c.1084 §56]
418.189 Policy on child abuse and neglect.
The Legislative Assembly recognizes that children are society’s most valuable
resource and that child abuse and neglect is a threat to the physical, mental
and emotional health of children. The Legislative Assembly further recognizes
that assisting community-based private nonprofit and public organizations,
agencies or school districts in identifying and establishing needed primary
prevention programs will reduce the incidence of child abuse and neglect, and
the necessity for costly subsequent intervention in family life by the state.
Child abuse and neglect prevention programs can be most effectively and
economically administered through the use of trained volunteers and the
cooperative efforts of the communities, citizens and the state. [1985 c.549 §2]
418.191 [1985
c.549 §§3,7; 1993 c.678 §1; 1995 c.440 §43; 1999 c.1053 §28; 1999 c.1084 §42;
repealed by 1999 c.1084 §56]
418.193 [1985
c.549 §4; 1993 c.678 §2; 1995 c.440 §44; 1999 c.1053 §29; 1999 c.1084 §43;
repealed by 1999 c.1084 §56]
418.195 [1985
c.549 §5; 1999 c.1084 §44; repealed by 1999 c.1084 §56]
418.197 [1985
c.549 §6; 1999 c.1084 §45; repealed by 1999 c.1084 §56]
418.198 [1995
c.440 §46; repealed by 1999 c.1084 §37]
418.199 [1985
c.549 §8; 1987 c.771 §3; 1989 c.966 §48; 1993 c.678 §3; 1995 c.440 §48;
repealed by 1999 c.1084 §37]
CHILD-CARING AGENCIES; PLACEMENT IN
FOSTER HOMES BY CHILD-CARING AGENCIES
418.205 Definitions for ORS 418.205 to
418.310 and 418.992 to 418.998. As used in
ORS 418.205 to 418.310 and 418.992 to 418.998, unless the context requires
otherwise:
(1)
“Child” means an unmarried person under 18 years of age.
(2)(a)
“Child-caring agency” means any private school, private agency or private
organization providing:
(A)
Day treatment for children with emotional disturbances;
(B)
Adoption placement services;
(C)
Residential care, including but not limited to foster care or residential
treatment for children;
(D)
Residential care in combination with academic education and therapeutic care,
including but not limited to treatment for emotional, behavioral or mental
health disturbances;
(E)
Outdoor youth programs; or
(F)
Other similar services for children.
(b)
“Child-caring agency” does not include:
(A)
Residential facilities or foster care homes certified or licensed by the
Department of Human Services under ORS 443.400 to 443.455, 443.830 and 443.835
for children receiving developmental disability services;
(B)
Any private agency or organization facilitating the provision of respite
services for parents pursuant to a properly executed power of attorney under
ORS 109.056. For purposes of this subparagraph, “respite services” means the
voluntary assumption of short-term care and control of a minor child without
compensation or reimbursement of expenses for the purpose of providing a parent
in crisis with relief from the demands of ongoing care of the parent’s child;
or
(C)
A private residential boarding school as defined in subsection (5)(b) of this
section.
(3)(a)
“Outdoor youth program” means a program that provides, in an outdoor living
setting, services to children who have behavioral problems, mental health
problems or problems with abuse of alcohol or drugs.
(b)
“Outdoor youth program” does not include any program, facility or activity:
(A)
Operated by a governmental entity;
(B)
Operated or affiliated with the Oregon Youth Conservation Corps; or
(C)
Licensed by the Department of Human Services under other authority of the
department.
(4)
“Private” means not owned, operated or administered by any governmental agency
or unit.
(5)
“Private residential boarding school” means either of the following as the
context requires:
(a)
A child-caring agency that is a private school that provides residential care
in combination with academic education and therapeutic care, including but not
limited to treatment for emotional, behavioral or mental health disturbances;
or
(b)
A private school providing residential care that is primarily engaged in
educational work under ORS 418.327. [Formerly 419.101; 1975 c.310 §1; 1983
c.510 §1; 1999 c.316 §3; 2001 c.809 §1; 2001 c.900 §117; 2007 c.70 §198; 2010
c.60 §1; 2011 c.278 §1]
418.210 Application of ORS 418.205 to
418.325. ORS 418.205 to 418.325 shall not apply
to:
(1)
Homes established and maintained by fraternal organizations wherein only
members, their wives, widows and children are admitted as residents;
(2)
Any family foster home that is subject to ORS 418.625 to 418.645;
(3)
Any child care facility that is subject to ORS 657A.030 and 657A.250 to
657A.450;
(4)
Any individual, or home of an individual, providing respite services, as
defined in ORS 418.205, for parents pursuant to a properly executed power of
attorney under ORS 109.056;
(5)
Any private agency or organization facilitating the provision of respite
services, as defined in ORS 418.205, for parents pursuant to a properly
executed power of attorney under ORS 109.056; or
(6)
A private residential boarding school as defined in ORS 418.205 (5)(b). [Formerly
419.105; 1975 c.310 §2; 1983 c.510 §2; 1995 c.278 §49; 2010 c.60 §2; 2011 c.278
§2]
418.215 Private child-caring agency to be
licensed. No private child-caring agency shall
provide or engage in any care or service described in ORS 418.205 unless the
agency is at the time:
(1)
Duly incorporated under the corporation laws of any state; and
(2)
Licensed to provide or engage in the care or service by the Department of Human
Services under the provisions of ORS 418.205 to 418.325. [Formerly 419.106;
1975 c.310 §3; 1977 c.717 §16; 1983 c.510 §3; 1987 c.94 §131; 2011 c.597 §192]
418.220
[Formerly 419.108; 1971 c.401 §14; 1975 c.310 §4; 1983 c.510 §4; repealed by
1987 c.94 §171]
418.225
[Formerly 419.110; 1971 c.401 §15; 1975 c.310 §5; 1975 c.795 §2; 1983 c.510 §5;
repealed by 1987 c.94 §171]
418.230
[Formerly 419.112; repealed by 1983 c.510 §21]
418.235
[Formerly 419.114; 1971 c.401 §16; 1973 c.367 §17; 1983 c.510 §6; repealed by
1987 c.94 §171]
418.240 Licensing criteria; duration;
fees; rules. (1) All private child-caring agencies
subject to ORS 418.205 to 418.325 shall obtain from the Department of Human
Services a license authorizing their work. The department shall use the
criteria designated in this subsection, and such rules pursuant thereto as the
department may develop subject to ORS chapter 183, as the basis of judgment in
granting, withholding, suspending or revoking such licenses. The criteria are
as follows:
(a)
The fitness of the applicant.
(b)
The employment of capable, trained or experienced staff who are not applicants
for the approval.
(c)
Sufficient financial backing to insure effective work.
(d)
The probability of permanence in the proposed organization.
(e)
The care and services provided to the children served will be in their best
interests and that of society.
(f)
That the agency is in compliance with the standards of care and treatment
established in rules by the department.
(2)
In addition to the licensing requirements of subsection (1) of this section, a
private child-caring agency shall submit written proof of compliance with ORS
336.575 to the department.
(3)
The department shall charge no fee for its own inspections leading to its
decisions regarding such licensing, nor for issuance of such licenses, but may
impose fees to cover costs of related inspections done for the department by
other governmental agencies.
(4)
A license issued by the department under this section shall be valid for a
period of two years, unless suspended or revoked sooner by the department.
However, the department at any time may require amendments to an existing
license to accommodate changes in the factors upon which an existing license
was based. [Formerly 419.116; 1971 c.401 §17; 1983 c.510 §7; 1985 c.264 §2;
1987 c.94 §132]
418.243 Outdoor Youth Program Advisory
Board; duties; membership; staff. (1) There is
established the Outdoor Youth Program Advisory Board for the purpose of
providing advice to the Department of Human Services on licensing outdoor youth
programs as child-caring agencies. The department shall consult with the board
on the licensure of outdoor youth programs as child-caring agencies prior to
the adoption of rules and on a regular basis.
(2)
The board shall provide advice to the department in the following areas:
(a)
Policies adopted by the department regarding outdoor youth programs;
(b)
Requirements for treatment programs provided by outdoor youth programs;
(c)
Requirements for behavior management by outdoor youth programs;
(d)
Requirements for health and safety; and
(e)
Any other requirements the department imposes on outdoor youth programs.
(3)
The board shall be appointed by the Governor and consist of:
(a)
Three members who are providers of outdoor youth programs or employed by
outdoor youth programs;
(b)
Two members of the general public; and
(c)
One member from an agency that regulates public lands.
(4)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor. A member is eligible for reappointment. If
there is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(5)
The appointment of a member of the board is subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(6)
A member of the board is entitled to expenses as provided in ORS 292.495 (2).
(7)
The department shall provide the board with the necessary clerical and support
staff to assist the board in carrying out the responsibilities of the board. [2001
c.809 §3]
Note:
418.243 to 418.246 were added to and made a part of 418.205 to 418.310 by
legislative action but were not added to any other series. See Preface to
Oregon Revised Statutes for further explanation.
418.244 Officers of Outdoor Youth Program
Advisory Board; quorum; meetings. (1) The
Outdoor Youth Program Advisory Board shall select one of its members as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as the
board determines.
(2)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(3)
The board shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the board. [2001 c.809 §5]
Note: See
note under 418.243.
418.245
[Formerly 419.118; repealed by 1975 c.310 §9]
418.246 Bond for outdoor youth program
licensure. (1) In addition to any requirements for
licensure established by the Department of Human Services, each outdoor youth
program that is applying for licensure as a child-caring agency shall file with
the department a bond in the amount of $50,000 or 50 percent of the program’s
yearly budget, whichever amount is less. The bond shall be issued by a surety
company or an insured institution, as defined in ORS 706.008, authorized to do
business in this state.
(2)
The bond required under subsection (1) of this section shall be continuous
until canceled and shall remain in full force and unimpaired at all times to
comply with this section. The surety or insured institution shall give the
department at least 30 days’ written notice before it cancels or terminates its
liability under the bond.
(3)
An action on the bond may be brought by any person aggrieved by the misconduct
of an outdoor youth program required to be licensed under ORS 418.205 to
418.310. [2001 c.809 §6]
Note: See
note under 418.243.
418.250 Supervision of child-caring
agencies. (1) In order to enable it to supervise
all child-caring agencies and institutions in this state, public and private,
and also all homeless or neglected children in this state, whether kept in such
agencies or institutions or not, the Department of Human Services may require
such agencies or institutions, and also any court functioning as a juvenile
court, to furnish at any time, on blanks prepared or recommended by the
department, such information as the department in its judgment may require in
regard to each child in any such agency or institution or any record of each
child that has been placed out under order of any such court. The agency,
institution or court shall furnish such information to the department upon
request. All such information so requested and received by the department shall
be considered and treated at all times as confidential and not as a public
record.
(2)
No employee of the department shall disclose any such information contrary to
the provisions of subsection (1) of this section. [Formerly 419.120; 1971 c.401
§18]
418.255 Inspection and supervision;
training. (1) The Department of Human Services
shall inspect and supervise all private child-caring agencies, whether
incorporated or not, within this state, and may inspect and supervise public
child-caring agencies within this state. The department is given right of
entrance, privilege of inspection, and access to all accounts and records of
work and children, for the purpose of ascertaining the kind and quality of work
done and to obtain a proper basis for its decisions and recommendations.
(2)
Inspection and visitation of child-caring agencies by the department shall be
made at unexpected times, with irregular intervals between visits, and without
previous notice to the agency visited. In addition to such official inspection,
many other informal visits shall be made.
(3)
The department shall advise agency and institution officers and workers in
regard to approved methods of child care, best types of housing and equipment
and adequate records of agency or institutional work. The principal purpose of
such advice shall be to offer friendly counsel and assistance on child welfare
problems and advice on progressive methods and improvement of the service.
(4)
In addition to advice provided under subsection (3) of this section, the
department shall provide training regarding appropriate ethnic hair and skin
care for children of African-American, Hispanic, Native American,
Asian-American or multiracial descent to:
(a)
Child-caring agencies;
(b)
Persons providing treatment, care or services under the supervision of a
child-caring agency; and
(c)
Prospective adoptive parents of a child in foster care. [Formerly 419.122; 1971
c.401 §19; 1983 c.510 §8; 2011 c.692 §1]
418.260 Investigation of abuses,
derelictions or deficiencies in child-caring agencies.
If any abuses, derelictions or deficiencies are made known to the Department of
Human Services or its agents during their inspection of any child-caring agency
or institution, or at any time are reported to the department, the department
shall at once carefully investigate the reports or rumors and take such action
as the matters require. If any abuses, derelictions or deficiencies are found
in any state child-caring institution or agency, they shall be reported at once
in writing to the responsible state agency. If any such abuses, derelictions or
deficiencies are found in any other public institution, they shall be reported
in like manner to the proper authority or governing board. In either case, if
such abuses, derelictions or deficiencies are not corrected in a reasonable
time, the same shall be reported in writing to the legislature or the
appropriate interim committee if the legislature is not in session. If any such
abuses, derelictions or deficiencies are found in any private child-caring
agency, they shall be brought at once to the attention of its trustees or
managers. If they are not corrected in a reasonable time, the department shall
suspend or revoke its approval of such agency. However, if the abuses,
derelictions or deficiencies found in a private child-caring agency are
determined by the department to be or threaten a serious danger to any child or
to the public, the department may immediately suspend or revoke the agency’s
license, subject to the provisions of ORS 183.430. [Formerly 419.124; 1971
c.401 §20; 1975 c.310 §6; 1983 c.510 §9]
418.263 Private Child-Caring Agencies
Fund. There is established in the State
Treasury, separate and distinct from the General Fund, the Private Child-Caring
Agencies Fund. The fund consists of moneys received by the Department of Human
Services under ORS 418.998 (2) and such other moneys as may be otherwise made
available by law. Interest earned on the fund shall be credited to the fund.
Moneys in the fund are continuously appropriated to the department and must be
used only for the administration and enforcement of ORS 418.205 to 418.310. [2009
c.846 §2]
Note:
418.263 was added to and made a part of 418.205 to 418.310 by legislative
action but was not added to any other series. See Preface to Oregon Revised
Statutes for further explanation.
418.265 Reports; audit.
(1) At the request of the Department of Human Services, each public or private
child-caring agency or institution within this state shall make a report of its
work to the department in such form and detail as the department prescribes.
(2)
The reports may include detailed statistics of all children served, financial
statements of the expense of their care, the number and kind of workers
employed, the value and conditions of the plant owned or used, the amount of
the endowment or invested funds and any other essential matters that may be
indicated by the requirements of the department.
(3)
The department shall prepare and supply to the various child-caring agencies
and institutions the necessary printed blanks to record the desired
information. Within any year, the department may require such further detailed
information and audit of the financial affairs of such agency or institution as
it deems to be in the public interest and may make such inspection of the books
and records of such agency or institution as it deems necessary. Such audit and
inspection of books and records of such agencies and institutions shall be at
the expense of the department.
(4)
All such agencies or institutions shall conform their records to the statutory
fiscal year of the state.
(5)
All reports required of agencies and institutions shall be filed with the
department not later than 60 days from the date of request. [Formerly 419.126;
1971 c.401 §21; 1983 c.478 §1]
418.270 Surrender of child to private
child-caring agency; consent to adoption; time for adoption proceedings; effect
of release and surrender. (1) If licensed for such
purposes by the Department of Human Services, a private child-caring agency may
receive children from their parents or legal guardians for special, temporary
or continued care. The parents or guardians may sign releases or surrenders
giving to such agencies guardianship and control of the persons of such
children during the period of such care, which may be extended until the
children arrive at legal age. Such releases do not surrender the rights of such
parents or guardians in respect to the adoption of such children and do not
entitle such organization to give consent to the adoption of the children
unless the release or surrender expressly recites that it is given for the
purpose of adoption. Private child-caring agencies are authorized to place
children for adoption or foster care only if authorized by the department in
the license issued by the department.
(2)
Any entire severance of family ties of such children by adoption or otherwise
shall be accomplished only by the order of a court of competent jurisdiction.
(3)
In the absence of the certificate provided for in subsection (4) of this
section, it is unlawful to present a child surrendered to an agency by a
parent, parents or guardian for a court to pass upon the adoption of the child
until at least six months have elapsed after signing the surrender.
(4)
Parents or legal guardians of children whom they have by release or surrender
agreement given into the guardianship of incorporated child-caring agencies for
the purpose of adoption may, concurrently or subsequently and without any
adoption proceeding having been initiated, agree that the release or surrender
shall become irrevocable as soon as the child is placed by the agency in the
physical custody of a person or persons for the purpose of adoption by them,
and waive their right to personal appearance in court in matters of adoption of
such children, by a duly signed and attested certificate. From and after such
physical placement for adoption such certificate of irrevocability and waiver
and the release or surrender may not be revoked by the parent or guardian
unless fraud or duress is affirmatively proved.
(5)
No agreement to release or surrender a child for adoption, or other agreement
or waiver of rights having the same effect, executed before March 24, 1971, in
connection with the surrender of a child into the guardianship of a
child-caring agency for purposes of adoption, may be revoked or held invalid
for any reason except upon affirmative proof of fraud or duress. [Formerly
419.128; 1971 c.26 §1; 1975 c.310 §7; 1983 c.510 §10]
418.275 Private child-caring agency as
guardian of child; power of agency. (1) A private
child-caring agency shall be the guardian of each child released or surrendered
to it under the conditions provided in ORS 418.270 and of each child committed
to it through a permanent order of a court of competent jurisdiction.
(2)
The agency may retain children released, surrendered or committed to it in
institutional care, or may place them in private family homes temporarily or as
members of families. If the agency deems the action proper and desirable, it
may consent in loco parentis to the legal adoptions of the children, subject to
the conditions provided in ORS 418.270. [Formerly 419.130; 1967 c.375 §1; 1973
c.823 §134; 1983 c.510 §11]
418.280 Placement of children.
Private child-caring agencies, in placing children in private families, shall:
(1)
Safeguard the welfare of the children by the thorough investigation of each
applicant and home and its environment;
(2)
Carefully select the child to suit the new relationship and location;
(3)
Personally and adequately supervise each home and child until the latter
returns to the direct care of the agency or, if permanently placed, receives
legal adoption or attains legal age; and
(4)
So far as practicable, place such children in families of the same religious
faith as that held by the children or their parents. [Formerly 419.132; 1983
c.510 §12; 2003 c.14 §218]
418.285 Authority of department same as
private child-caring agency under ORS 418.270 to 418.280.
In addition to its other powers and responsibilities, the Department of Human
Services has the same authority as a private child-caring agency under ORS
418.270 to 418.280. In exercising this authority, the department shall comply
with the provisions of ORS 418.270 to 418.280 the same as a private
child-caring agency. [Formerly 419.133; 1971 c.401 §22; 2003 c.14 §219]
418.290 Child placement by nonresident.
No person, agent, agency or institution of another state shall place a child in
a family home in this state without first having furnished the Department of
Human Services such guarantee as the department may require against the child
becoming a public charge within five years from the date of such placement. [Formerly
419.134; 1971 c.401 §23; 1975 c.310 §8]
418.295 Certain attorneys not to represent
prospective adoptive parents; employees not to recommend any attorney to
prospective adoptive parents. (1) No
attorney employed by the State of Oregon shall represent prospective adoptive
parents in their attempt to adopt a child being cared for under the provisions
of ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315, 418.625 to
418.685 and 418.647.
(2)
No employee of the Department of Human Services shall recommend any attorney to
serve as counsel for prospective adoptive parents. [Formerly 419.135; 1969
c.597 §254; 1971 c.401 §24; 2001 c.900 §118]
418.300 When child placement by private
persons prohibited. No private individual, including
midwives, physicians, nurses, hospital officials and all officers and employees
or representatives of unauthorized agencies, organizations or institutions,
shall engage in child-placing work, except that relatives of the first and
second degrees may thus provide for children of their own blood. [Formerly
419.136; 1983 c.510 §13]
418.302 Administrative review required for
certain children in voluntary placement. For those
children who have remained in voluntary placement for 18 months, an
administrative review by the Department of Human Services shall be required.
The department shall review the same information required in reports on
children placed pursuant to court order. [1981 c.777 §3]
418.305 Authority of department to visit
placed-out children; location and relationships confidential.
The Department of Human Services may require any child-caring agency to divulge
the location and relationship of any of its placed-out children. The department
or its agents may visit the location to ascertain the condition of such
children or the quality of the child-placing work done. The location and
relationship of each placed-out child shall be confidentially held by the
department and its agents and revealed only when the welfare of the child
requires such action on order of a court of competent jurisdiction. [Formerly
419.138; 1971 c.401 §25; 2003 c.14 §220]
418.306 Denial of visitation by
child-caring agency as disciplinary measure prohibited.
A child-caring agency providing residential care shall not deny a parent or
guardian of a child who is under the care of the child-caring agency the right
to visit the child solely as a disciplinary measure against the child. [1993
c.785 §2]
418.307 Medical or dental treatment of
children without consent; conditions; immunity of treating personnel.
(1) A physician licensed by the Oregon Medical Board, or a dentist licensed by
the Oregon Board of Dentistry, or a hospital licensed by the Department of
Human Services is authorized to treat a child who is ward of the court or is a
dependent or delinquent child in accord with the physician’s best medical
judgment and without consent if:
(a)
Because of the general state of the child’s health or any particular condition,
the physician, dentist, or responsible official of the hospital determines that
in the medical judgment of the physician, dentist or responsible official
prompt action is reasonably necessary to avoid unnecessary suffering or
discomfort or to effect a more expedient or effective cure; and
(b)
It is impossible or highly impractical to obtain consent for treating the child
from the child-caring agency, the child’s parent or the child’s legal guardian.
(2)
No charge of assault or battery shall be made against a physician, dentist, or
hospital official or employee who provides medical treatment pursuant to
subsection (1) of this section.
(3)
A minor child described in subsection (1) of this section who is 15 years of
age or older may consent to medical treatment pursuant to ORS 109.640. [1975
c.580 §2]
418.310 Application of statutes to
institutions caring for adults and children. ORS
418.205 to 418.310 and 418.992 to 418.998 apply to private agencies and
institutions for the combined care of adults and children where the care for
children includes day or residential treatment or care. [Formerly 419.140; 1983
c.510 §14]
418.312 When transfer of custody not
required; voluntary placement agreement; review of children placed in certain
institutions. (1) The Department of Human Services may
not require any parent or legal guardian to transfer legal custody of a child
in order to have the child placed under ORS 418.205 to 418.310, 418.480 to
418.500 and 418.992 to 418.998 in a foster home, group home or institutional
child care setting, when the sole reason for the placement is the need to
obtain services for the child’s emotional, behavioral or mental disorder or
developmental or physical disability. In all such cases, the child shall be
placed pursuant to a voluntary placement agreement. When a child is placed
pursuant to a voluntary placement agreement, the department shall have
responsibility for the child’s placement and care. When a child remains in
voluntary placement for more than 180 days, the juvenile court shall make a
judicial determination, within the first 180 days of the placement, that the
placement is in the best interests of the child. In addition, the juvenile
court shall hold a permanency hearing as provided in ORS 419B.476 no later than
14 months after the child’s original voluntary placement, and not less
frequently than once every 12 months thereafter during the continuation of the
child’s original voluntary placement, to determine the future status of the
child.
(2)
As used in this section, “voluntary placement agreement” means a binding,
written agreement between the department and the parent or legal guardian of a
minor child that does not transfer legal custody to the department but that
specifies, at a minimum, the legal status of the child and the rights and
obligations of the parent or legal guardian, the child and the department while
the child is in placement. [1979 c.746 §1; 1993 c.348 §1; 1995 c.79 §213; 1999
c.59 §113; 2001 c.686 §6]
Note:
418.312 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 418 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
418.315 Department may provide foster care
for children surrendered or committed to department.
The Department of Human Services may, in its discretion, provide foster care
and other services for any child who has been surrendered under ORS 418.270, as
authorized by ORS 418.285, to the department for adoption or has been
permanently committed to the department by order of court. [Formerly 419.142;
1969 c.45 §9; 1971 c.401 §26; 1971 c.779 §63]
418.319 Goal regarding placed children receiving
federal assistance. For each federal fiscal year
beginning on and after October 1, 1983, the Department of Human Services
establishes as a goal that no more than 33 percent of the children receiving
assistance in foster home or substitute care placements under Title 4E of the
Social Security Act shall have been in such placement at any time during that
fiscal year for a period in excess of 24 months. The department shall report to
each odd-numbered year regular session of the Legislative Assembly with its
plan for achieving its goal and any plans for reducing the number or percentage
of children in such placements during the period before the next October 1. [1981
c.251 §1; 2011 c.545 §52]
Note:
418.319 was enacted into law by the Legislative Assembly but was not added to
or made a part of any series within ORS chapter 418 by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
418.320
[Formerly 419.144; repealed by 1971 c.401 §120]
418.325 Medical examinations required;
frequency; child’s health record; other health care; explanation to adoptive
parents. (1) A child-caring agency shall safeguard
the health of each ward or other dependent or delinquent child in its care by
providing for medical examinations of each child by a qualified physician at
the following intervals:
(a)
Three examinations during the first year of the child’s life;
(b)
One examination during the second year of the child’s life;
(c)
One examination at the age of four;
(d)
One examination at the age of six;
(e)
One examination at the age of nine; and
(f)
One examination at the age of 14.
(2)
If an examination under subsection (1) of this section has not occurred within
six months prior to the transfer for adoption of the custody of a child by a
child-caring agency to the prospective adoptive parents of such child, a
child-caring agency shall provide for a medical examination of such child
within six months prior to such transfer.
(3)
Any testing that occurs at intervals other than those specified in subsections
(1) and (2) of this section shall not be considered to be in lieu of the
required examinations. However, nothing in subsections (1) and (2) of this
section is intended to limit more frequent examinations that are dictated by
the general state of the child’s health or by any particular condition.
(4)
Within 90 days of obtaining guardianship over a child under six years of age, a
child-caring agency shall provide for such child to be:
(a)
Inoculated as determined appropriate by the county public health department;
and
(b)
Tested for:
(A)
Phenylketonuria pursuant to ORS 433.285;
(B)
Visual and aural acuity consistent with the child’s age;
(C)
Sickle-cell anemia;
(D)
Effects of rubella, if any;
(E)
Effects of parental venereal disease, if any; and
(F)
The hereditary or congenital effects of parental use of drugs or controlled
substances.
(5)
Within six months prior to the transfer for adoption of the custody of a child
by a child-caring agency to the prospective adoptive parents of such child, the
child-caring agency shall provide for such child to have a complete physical
examination by a physician, including but not limited to inspection for
evidence of child abuse in accordance with rules of the Department of Human
Services, and be tested for visual and aural acuity consistent with the child’s
age.
(6)
A child-caring agency shall record the results of tests provided a child
pursuant to subsections (1) to (5) of this section in the child’s health
record. The child’s health record shall be kept as a part of the agency’s total
records of that child. The child’s health record shall be made available to
both natural parents and to both prospective foster or adoptive parents of that
child. A qualified member of a child-caring agency under the supervision of a
qualified physician shall explain to adoptive parents the medical factors
possible as a result of a child’s birth history, hereditary or congenital
defects, or disease or disability experience.
(7)
This section does not apply to a private residential boarding school as defined
in ORS 418.205 (5)(a). [1973 c.545 §2; 1979 c.492 §5; 1979 c.744 §20; 2003 c.14
§221; 2011 c.278 §3]
418.327 Licensing of certain schools and
organizations offering residential programs; fees; rules.
(1) Inspections and reviews of private residential boarding schools that are
primarily engaged in educational work or other organizations offering
residential programs for children may be conducted by the Department of Human
Services at times and frequencies of the department’s choosing. The department
shall consult with representatives of the private residential boarding schools
and organizations in developing the standards that shall be the basis for
inspections and reviews.
(2)
Upon finding that the facilities and operation of a school or organization
described in subsection (1) of this section meet the standards of the
department for the physical health, care and safety of the children, the
department shall issue a license to operate the residential program. The
license shall be valid for a period of two years, unless sooner suspended or
revoked by the department. However, the department may require that application
be made for amendment to an existing license when changes in a facility or
program are to occur. The department shall charge no fee for its own
inspections or reviews, nor for issuing licenses, but may charge fees to cover
costs of inspections done by other governmental agencies for the department.
(3)
No person or organization shall operate a facility described in subsection (1)
of this section without having a current, valid license issued by the
department.
(4)
Any person, including the Director of Human Services, may file a complaint with
the department alleging that children attending a private residential boarding
school described in subsection (1) of this section, or that children within the
control of any other organization that provides boarding or residential
programs, are not receiving shelter, food, guidance, training or education
necessary to the health, safety, welfare or social growth of the children or
necessary to serve the best interests of society.
(5)
The department shall investigate complaints made under subsection (4) of this
section and, if a reasonable basis for sustaining the complaint appears, shall
set a hearing to examine publicly the complaint. The department shall conduct
its investigation under the standards and authority provided under ORS 418.215
to 418.325. Except as provided in subsection (7) of this section, at least two
weeks’ written notice of the hearing and substance of the complaint and the
evidence in support thereof shall be provided to the operator of the school or
organization. The parents of the child or children involved shall be notified
if such persons can be conveniently located. Notice shall be served personally
on the operator of the school or organization, but may be served by mail at the
last-known or determined address of the parent or other adult responsible for
the child.
(6)
The hearing shall comply with the provisions of ORS chapter 183 as to
procedures, findings and orders. Where the evidence at the hearing justifies
such an order, the department is authorized to order the school or organization
to correct the conditions not in conformity with standards. If corrections are
not made within time limits set by the department, the department may suspend
or revoke the license or may refuse to renew the license and is empowered to
make any other lawful orders necessary to the protection of the child or
children involved.
(7)
Where a condition exists that immediately endangers the health or safety of a
child, the Director of Human Services may issue an interim order without any
notice, or with such notice as is practical under the circumstances, requiring
the school or organization to alter the conditions under which the child lives
or receives schooling. Such interim emergency order shall remain in force until
a final order, after a hearing as provided in subsection (5) of this section,
is entered.
(8)
Any school or organization shall cooperate with the department in making any
inspection or review or investigating any complaint made under this section.
(9)
The Superintendent of Public Instruction shall cooperate with the department
upon request by advising the department as to whether or not the educational
program conducted at the school or organization meets minimum standards
required of public educational institutions.
(10)
Nothing in this section applies to public or private institutions of higher
education, community colleges, common or union high school districts that
provide board and room in lieu of transportation or any other child-caring
program already subject to state licensing procedures by any agency of this
state.
(11)
Subject to ORS chapter 183, the department may adopt rules to implement this
section.
(12)
In addition to remedies otherwise provided under this section and under ORS
418.990, the department may commence an action to enjoin operation of a private
residential boarding school described in subsection (1) of this section or
other organization offering residential programs for children:
(a)
If the school or organization is being operated without a valid license issued
under subsection (2) of this section; or
(b)
If the school or organization fails to correct the conditions not in conformity
with standards, as set out in an order issued under subsection (6) of this
section, within the time specified in the order. [1975 c.313 §1; 1977 c.232 §1;
1979 c.284 §140; 1983 c.510 §15; 2011 c.278 §4]
PAYMENTS TO ADOPTIVE PARENTS
418.330 Payments to adoptive parents;
conditions; limitations. (1) As used in this section:
(a)
“Child” means:
(A)
A person under 18 years of age;
(B)
A person under 21 years of age if the Department of Human Services determines
that the person has a mental or physical disability that warrants the
continuation of assistance; or
(C)
A person who has attained 18 years of age and:
(i)
On whose behalf payments under this section were received prior to the person
attaining 18 years of age, provided the person was at least 16 years of age at
the time the payments commenced;
(ii)
Has not attained 21 years of age; and
(iii)(I)
Is completing secondary education or a program leading to an equivalent
credential;
(II)
Is enrolled in an institution or program that provides post-secondary or
vocational education;
(III)
Is participating in a program or activity designed to promote, or remove
barriers to, employment;
(IV)
Is employed for at least 80 hours per month; or
(V)
Is incapable of doing any of the activities described in sub-sub-subparagraphs
(I) to (IV) of this sub-subparagraph due to a medical condition, which
incapability is supported by regularly updated documentation.
(b)
“Child-caring agency” means:
(A)
A child-caring agency as defined in ORS 418.205; and
(B)
For a child who has attained 18 years of age, an independent residence facility
established or certified under ORS 418.475 in which the child resides as an
enrollee in an independent living program.
(c)
“Nonrecurring adoption expenses” means reasonable and necessary adoption fees,
court costs, attorney fees and other expenses that are directly related to the
adoption of a child with special needs and that are not incurred in violation
of state or federal law.
(2)
The department may make payments to adoptive parents on behalf of a child
placed for adoption by the department or by an approved child-caring agency
when the department determines:
(a)
The child has special needs because of an impediment to adoptive placement by
reason of the child’s physical or mental condition, race, age, or membership in
a sibling group; or
(b)
The adoptive family is capable of providing the permanent family relationships
needed by the child in all respects other than financial, and the needs of the
child are beyond the economic ability and resources of the family.
(3)
Payments to subsidize adoptions made under subsection (2) of this section:
(a)
Shall include payment of nonrecurring adoption expenses incurred by or on
behalf of adoptive parents in connection with the adoption of a child with
special needs;
(b)
May include, but are not limited to, the maintenance costs, medical and
surgical expenses, and other costs incidental to the care, training and
education of the child;
(c)
May not exceed the cost of providing comparable assistance in foster care; and
(d)
May not be made:
(A)
For a child who has not attained 18 years of age, when the adoptive parents are
no longer legally responsible for the support of the child; or
(B)
When the child is no longer receiving any support from the adoptive parents.
(4)
Adoptive parents receiving payments under subsection (2) of this section shall
inform the department of circumstances that would make the adoptive parents:
(a)
Ineligible to receive the payments; or
(b)
Eligible to receive the payments in a different amount. [1971 c.129 §§1,2; 2011
c.141 §1]
418.335 Determination of eligibility for payments;
review; hearing. (1) Qualification for payments
under ORS 418.330 must be determined by the Department of Human Services prior
to the completion of the adoption proceeding.
(2)
The department shall set the amount of payments under ORS 418.330 through
negotiations with the prospective adoptive parents, taking into consideration
the circumstances of the prospective adoptive parents and the needs of the
child.
(3)
The department may change the amount of payments under ORS 418.330:
(a)
Through renegotiation with the adoptive parents, based upon a showing that
there has been a change in the circumstances of the adoptive parents or the
needs of the child; or
(b)
When the department has reduced or increased the amount of comparable
assistance in foster care under ORS 418.647.
(4)
The department may suspend or terminate payments when one or more of the
following conditions exist:
(a)
The child attains 18 years of age.
(b)
The adoptive parents are no longer legally responsible for the support of the
child.
(c)
The child is no longer receiving any support from the adoptive parents.
(5)
If a payment under ORS 418.330 is suspended or terminated for a reason not
related to the age of the child, the adoptive parents of the child may petition
the department for a review of the case. The department shall afford the
petitioner an opportunity for a hearing, which must be held in the county the
petitioner elects. [1971 c.129 §§3,4; 2011 c.141 §2]
418.340 Rules.
The Department of Human Services shall make all necessary rules for payments to
subsidize adoptions. [1971 c.129 §5; 2011 c.141 §3]
418.342 [1989
c.306 §2; renumbered 657A.100 in 1993]
418.344 [1989
c.306 §1; renumbered 657A.110 in 1993]
418.346 [1989
c.306 §3; renumbered 657A.120 in 1993]
418.348 [1989
c.306 §4; renumbered 657A.130 in 1993]
418.350 [1989
c.306 §5; renumbered 657A.140 in 1993]
418.352 [1989
c.306 §6; renumbered 657A.150 in 1993]
418.354 [1989
c.306 §7; renumbered 657A.160 in 1993]
418.355
[Formerly 419.152; 1971 c.401 §28; repealed by 1989 c. 41 §2]
418.356 [1989
c.306 §8; renumbered 657A.170 in 1993]
418.358 [1989
c.306 §9; 1993 c.344 §28; renumbered 657A.180 in 1993]
418.360
[Formerly 419.154; 1971 c.401 §29; repealed by 1989 c.41 §2]
418.361 [1989
c.306 §10; 1993 c.344 §29; renumbered 657A.020 in 1993]
418.363 [1989
c.306 §11; renumbered 657A.190 in 1993]
418.365
[Formerly 419.156; 1971 c.401 §30; repealed by 1989 c.41 §2]
418.370
[Formerly 419.158; repealed by 1989 c.41 §2]
418.373 [1973
c.610 §2; 1985 c.753 §6; repealed by 1993 c.344 §49]
418.375 [1973
c.610 §1; repealed by 1993 c.344 §49]
418.379 [1973
c.610 §3; 1977 c.554 §1; 1979 c.524 §7; repealed by 1985 c.753 §7]
418.380 [1971
c.533 §1; renumbered 418.400]
418.381 [1973
c.610 §4; 1977 c. 554 §2; repealed by 1985 c.753 §7]
418.383 [1973
c.610 §§5,7; repealed by 1985 c.753 §7]
418.385 [1971
c.533 §2; renumbered 418.401]
418.386 [1973
c.610 §8; repealed by 1985 c.753 §7]
418.388 [1973
c.610 §§9,10; repealed by 1993 c.344 §49]
418.390 [1971
c.533 §3; renumbered 418.402]
418.391 [1973
c.610 §11; repealed by 1993 c.344 §49]
418.393 [1973
c.610 §12; 1979 c.524 §8; repealed by 1993 c.344 §49]
418.395 [1973
c.610 §14; repealed by 1993 c.344 §49]
418.397 [1973
c.610 §13; repealed by 1993 c.344 §49]
418.399 [1973
c.610 §6; repealed by 1993 c.344 §49]
418.400
[Formerly 418.380; repealed by 1993 c.344 §49]
418.401
[Formerly 418.385; repealed by 1993 c.344 §49]
418.402
[Formerly 418.390; repealed by 1993 c.344 §49]
418.405
[Formerly 419.202; 1963 c.451 §1; 1971 c.401 §31; repealed by 1989 c.41 §2]
418.410
[Formerly 419.204; 1967 c.89 §1; repealed by 1989 c.41 §2]
418.415
[Formerly 419.206; 1971 c.401 §32; repealed by 1989 c.41 §2]
418.420
[Formerly 419.208; 1969 c.440 §1; 1971 c.401 §33; repealed by 1989 c.41 §2]
418.425
[Formerly 419.210; 1971 c.401 §34; repealed by 1989 c.41 §2]
418.430
[Formerly 419.212; 1967 c.454 §50; 1971 c.401 §35; repealed by 1989 c.41 §2]
418.435
[Formerly 419.214; 1963 c.450 §1; repealed by 1989 c.41 §2]
418.440
[Formerly 419.216; repealed by 1989 c.41 §2]
418.445
[Formerly 419.218; 1967 c.534 §18; repealed by 1989 c.41 §2]
418.450
[Formerly 419.220; repealed by 1967 c.534 §34]
418.455 [Formerly
419.222; repealed by 1989 c.41 §2]
418.460
[Formerly 419.566 and then 419.224; repealed by 1989 c.41 §2]
418.465 [1963
c.150 §2; repealed by 1989 c.41 §2]
SHELTER-CARE HOMES
418.470 Authority to pay for shelter-care
homes. (1) The Department of Human Services
may engage and make reasonable payment for services of persons to make
available, maintain and operate shelter-care homes for the safekeeping of
children taken into temporary custody pending investigation and disposition.
(2)
The services, pursuant to specific prior authorization of the department, shall
be deemed actually rendered if the shelter-care home is made available,
maintained and operated to receive such children.
(3)
As used in this section and ORS 418.472, “shelter-care home” means a certified
foster home or a licensed facility contracted with by the Department of Human
Services for the purpose of safekeeping of children taken into temporary
custody pending investigation and disposition where the circumstances are such
that the child need not be kept in secure custody. [1969 c.184 §1; 1971 c.401 §36;
1985 c.791 §1; 2003 c.14 §222]
418.472 Siting of shelter-care home.
The governing body of a county or its designee in a county with a population of
less than 400,000 may allow the operation of a shelter-care home, as defined in
ORS 418.470, upon a lot or parcel in any zone, including an exclusive farm use
or forest use zone, if the shelter-care home is an existing use on that lot or
parcel on September 20, 1985. [1985 c.791 §2]
INDEPENDENT RESIDENCE FACILITIES
418.475 Independent residence facilities;
extent and nature of agreement between minor and department.
(1) Within the limit of moneys appropriated therefor, the Department of Human
Services may establish or certify independent residence facilities for minors
who:
(a)
Are 16 years of age or older;
(b)
Have been placed in at least one substitute care resource;
(c)
Have been determined by the department to be unsuitable for placement in a
substitute care resource;
(d)
Have received permission from the appropriate juvenile court, if they are wards
of the court; and
(e)
Have been determined by the department to be suitable for an independent
resident program.
(2)
Residence facilities shall provide independent housing arrangements with
counseling services and minimal supervision available from at least one
counselor. All residential facilities having six or more residents shall be
licensed by the department under ORS 443.400 to 443.455.
(3)
Each resident shall be required to maintain a program of education or
employment, or a combination thereof, amounting to full-time activity and shall
be required to pay a portion or all of the resident’s housing expenses and
other support costs.
(4)
The department may make payment grants directly to minors enrolled in an
independent living program for food, shelter, clothing and incidental expenses.
The payment grants shall be subject to an agreement between the minor and the
department that establishes a budget of expenses.
(5)
The department may establish cooperative financial management agreements with a
minor and for that purpose may enter into joint bank accounts requiring two
signatures for withdrawals. The management agreements or joint accounts may not
subject the department or any counselor involved to any liability for debts or
other responsibilities of the minor.
(6)
The department shall make periodic reports to the juvenile court as required by
the court regarding any minor who is a ward of the court enrolled in an
independent living program.
(7)
The enrollment of a minor in an independent living program in accordance with
the provisions of subsection (1) of this section does not remove or limit in
any way the obligation of the parent of the minor to pay support as ordered by
a court under the provisions of ORS 419B.400 or 419C.590. [1973 c.801 §1; 1977
c.717 §17; 1981 c.283 §1; 1993 c.33 §328; 2003 c.14 §223; 2007 c.71 §108]
PURCHASE OF CARE
418.480 “Purchase of care” defined.
As used in ORS 418.480 to 418.500, “purchase of care” includes the purchase of
institutional and foster family care and services, adoptive services, services
provided by Strengthening, Preserving and Reunifying Families programs under
ORS 418.575 to 418.598, services to the unwed mother and her child and such
other care and services as the Department of Human Services shall determine to
be necessary to carry out the policy stated in ORS 418.485. [1971 c.457 §1;
2001 c.900 §119; 2011 c.568 §9]
418.485 Policy; annual report.
It is the policy of the State of Oregon to strengthen family life and to ensure
the protection of all children either in their own homes or in other
appropriate care outside their homes. In affording such protection, the
Director of Human Services shall, in cooperation with public and private
child-caring agencies and with Strengthening, Preserving and Reunifying
Families programs under ORS 418.575 to 418.598, develop a set of short-range
and long-range priorities for the development of needed child care and
services, such priorities to be periodically reviewed and revised as necessary.
Such priorities are to be set out in a form enumerating the number of children
in each category of need, the type of child care and services needed, the areas
of the state where such care and services are needed, and the projected costs.
The State of Oregon hereby commits itself to the purchase of care and services
for children who need care and to encourage private child-caring agencies and
Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to
418.598 to develop programs required to meet the needs of the children of this
state and money may be appropriated therefor. In developing programs necessary
to meet the needs of the children of this state, the Director of Human Services
shall make every attempt feasible to develop local, community and county-based
organizations. The Department of Human Services shall document and present an
annual report to the committees of the Legislative Assembly that address
efforts taken under this section. [1971 c.457 §2; 1975 c.795 §3; 2011 c.568 §10]
418.490 Coordination of state activities.
In carrying out the policies of this state as stated in ORS 418.485, it shall
be the responsibility of the Director of Human Services to coordinate the activities
of all state agencies that have responsibilities for care of children to insure
the best care possible and to avoid duplication of effort or conflict in
policy. [1971 c.457 §3]
418.495 Authority to purchase care;
agreement content; payment standards for foster care; rules.
(1) Within the limits of funds available therefor, the Department of Human
Services may enter into agreements and contracts with licensed child-caring
agencies, Strengthening, Preserving and Reunifying Families programs under ORS
418.575 to 418.598 and other appropriate facilities, including youth care
centers, for the purchase of care for children who require and are eligible for
such care, regardless of whether the children are wards of the state or whether
the department is their guardian or has their custody or whether the children
are surrendered to a child-caring agency or to a Strengthening, Preserving and
Reunifying Families program under ORS 418.575 to 418.598 or committed thereto
by order of a court under ORS chapter 419B or 419C. The agreement shall
prescribe the procedures for payment and the rate of payment and may contain
such other conditions as the department and the agency, facility or program may
agree.
(2)
The department shall by rule adopt payment standards for foster care. In
establishing standards, the department may take into account the income,
resources and maintenance available to and the necessary expenditures of a
foster parent who is a relative, as defined by rule, of the child placed in
care. [1971 c.457 §4; 1993 c.33 §329; 2007 c.801 §1; 2011 c.568 §11]
418.500 Out-of-state care for children.
If the Department of Human Services determines that need exists for care and
treatment of a child who is eligible for such care and treatment that is not
available through any public or private agency or facility in this state, it
may enter into an agreement with a public or private agency outside this state
for the purchase of care for the child. Such agreements shall contain the
matter described in ORS 418.495 and shall apply to children described therein. [1971
c.457 §5]
418.505
[Formerly 419.252; 1963 c.451 §2; 1967 c.89 §2; 1967 c.454 §51; repealed by
1989 c.41 §2]
418.510
[Formerly 419.254; 1967 c.454 §52; 1971 c.401 §37; repealed by 1989 c.41 §2]
418.515
[Formerly 419.256; 1963 c.451 §3; 1969 c.440 §2; 1971 c.401 §38; repealed by
1989 c.41 §2]
USE OF PSYCHOTROPIC MEDICATIONS
418.517 Procedures for use of psychotropic
medications for children in foster care; rules; hearing.
(1) As used in this section:
(a)
“Medically accepted indication” means any use for a covered outpatient drug
that is approved under the Federal Food, Drug and Cosmetic Act, or recommended
by the Pharmacy and Therapeutics Committee created by ORS 414.353, or the use
of which is supported by one or more citations included or approved for
inclusion in any of the following compendia:
(A)
American Hospital Formulary Service drug information;
(B)
United States Pharmacopoeia drug information or any successor publication;
(C)
The DRUGDEX Information System; or
(D)
Peer-reviewed medical literature.
(b)
“Psychotropic medication” means medication the prescribed intent of which is to
affect or alter thought processes, mood or behavior, including but not limited
to antipsychotic, antidepressant and anxiolytic medication and behavior
medications. The classification of a medication depends upon its stated
intended effect when prescribed, because it may have many different effects.
(2)
The Department of Human Services shall develop by rule procedures for the use
of psychotropic medications for children placed in foster care by the
department.
(3)
The procedures shall include but not be limited to:
(a)
Required assessment by a qualified mental health professional or licensed
medical professional, with expertise in children’s mental health, as defined by
rule of the department prior to issuance of a new prescription for more than
one psychotropic medication or any antipsychotic medication, except in case of
urgent medical need as defined by rule.
(b)
Required notice by the foster parent to the department within one working day
after receiving a new prescription of the psychotropic medication.
(c)
Required timely notice by the department to the child’s parent and the parent’s
legal representative, if any, and the child’s legal representative or the court
appointed special advocate containing the following information:
(A)
The prescribed psychotropic medication;
(B)
The amount of the dosage;
(C)
The dosage recommended pursuant to a medically accepted indication;
(D)
The reason for the medication;
(E)
The efficacy of the medication; and
(F)
The side effects of the medication.
(d)
Specified follow-up and monitoring by the department of a child taking
psychotropic medication including, but not limited to, an annual review of
medications by a licensed medical professional, or qualified mental health
professional with authority to prescribe drugs, other than the prescriber, if
the child has more than two prescriptions for psychotropic medications or if
the child is under the age of six years.
(4)
A psychotropic medication may not be prescribed for a child under this section
unless it is used for a medically accepted indication that is age appropriate.
(5)
Any parent, legal representative of the parent, legal representative of the
child or court appointed special advocate may petition the juvenile court for a
hearing if the parent, the representative of the parent, if any, the legal
representative of the child or the advocate objects to the use of or the
prescribed dosage of the psychotropic medication. The court may order an
independent evaluation of the need for or the prescribed dosage of the
medication. The court may order that administration of the medication be
discontinued or the prescribed dosage be modified upon a showing that either
the prescribed medication or the dosage, or both, are inappropriate. [1993
c.361 §1; 2009 c.853 §1; 2011 c.720 §157]
Note:
418.517 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 418 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
418.520
[Formerly 419.258; 1971 c.401 §39; repealed by 1989 c.41 §2]
418.525
[Formerly 419.260; 1967 c.454 §53; 1971 c.401 §40; repealed by 1989 c.41 §2]
418.530
[Formerly 419.262; repealed by 1989 c.41 §2]
418.555
[Formerly 419.302; repealed by 1989 c.41 §2]
418.560
[Formerly 419.304; 1971 c.401 §41; repealed by 1989 c.41 §2]
418.565
[Formerly 419.306; 1967 c.454 §54; 1969 c.597 §255; 1971 c.401 §42; repealed by
1989 c.41 §2]
418.570
[Formerly 419.530 and then 419.308; repealed by 1963 c.451 §4]
STRENGTHENING, PRESERVING AND REUNIFYING
FAMILIES PROGRAMS
418.575 Definitions for ORS 418.575 to
418.598. As used in ORS 418.575 to 418.598:
(1)
“Child” means a child who qualifies for child welfare services provided by the
Department of Human Services.
(2)
“Client-focused functional outcome measures” means objective, observable
measures of outcomes for services provided to a child and a child’s family
under ORS 418.575 to 418.598, including but not limited to measures relating to
permanency.
(3)
“County partners” means employees or representatives of the Department of Human
Services, the county, court appointed special advocates under ORS 419A.170,
drug and alcohol treatment providers, mental health providers, providers of
affordable housing and other persons or entities that provide services to
children and families within a county of this state.
(4)
“Family” means, at a minimum but not to the exclusion of siblings as defined in
ORS 419A.004 or other persons living in the same household with a child, the
child and:
(a)
The child’s parent as defined in ORS 419A.004;
(b)
The child’s guardian appointed pursuant to ORS chapter 125; or
(c)
A person who has a caregiver relationship as defined in ORS 419B.116 with the
child.
(5)
“Intensive in-home services” means services that keep a child and family
together in the child’s and family’s home with a goal of 24-hour on-call
support while the child and the child’s family engage in family strengthening
activities and receive appropriate mental health and addiction treatment and
other intensive support interventions.
(6)
“Performance-based contract” means a contract entered into under ORS 418.580
that:
(a)
Requires a program to demonstrate successful child-driven outcomes when
compared to alternative placement options and long-term cost savings; and
(b)
Bases termination or renewal of the contract on demonstration of the factors
described in paragraph (a) of this subsection.
(7)
“Program” means a Strengthening, Preserving and Reunifying Families program
described in ORS 418.580. [2011 c.568 §2]
418.578 Legislative findings.
The Legislative Assembly finds that:
(1)
There is growing empirical evidence that severe trauma may result when children
are removed from their families, and that this trauma may give rise to negative
outcomes that last a lifetime, cause intergenerational patterns of addiction,
abuse and neglect, and give rise to disrupted and broken families.
(2)
Improving permanency outcomes for children is best accomplished by providing
services that allow children to remain with their families and in their homes
when appropriate and safe.
(3)
Allowing families to remain intact while parents undergo mental health or
addiction treatment, take steps to move out of poverty by obtaining employment
and housing or receive family strengthening services preserves child-parent
bonds with improved outcomes for children and families and positive long-term
societal effects.
(4)
When placement in foster or substitute care outside the home must occur, this
can be less traumatic and of shorter duration with the provision of
family-focused treatment and services, and the provision of routine family
contact and visitation as frequently as is appropriate. After children are
returned to the family, they should receive continuing services to ensure
safety and stabilization.
(5)
Children should receive continuing services sufficient to achieve stabilization
after returning to the community.
(6)
A new systemwide model for providing child welfare services should be adopted
that provides services and supports that have proved effective in keeping
children safely with their parents, that reduces children’s risk of future
entry into the criminal justice and child welfare systems, that lowers the risk
of intergenerational abuse and that decreases the associated human and economic
costs.
(7)
The efficacy of programs that allow families to remain together or that assist
families with reunification has been demonstrated by pilot programs, including
one that has operated in Jackson County since 2007 and other national best
practice models.
(8)
Foster care savings that are reinvested can enhance and expand child welfare
services.
(9)
Housing is essential to the safe reduction of the number of children in foster
care. Partnerships between affordable housing providers and nonprofit service
agencies must be formed where possible. Tenancy requirements and exclusion
criteria related to criminal, credit and tenant histories, particularly when
associated with substance abuse, must be reevaluated and modified where
possible. [2011 c.568 §3]
418.580 Strengthening, Preserving and
Reunifying Families programs; implementation; contracts; services provided;
rules; training; funding; annual report. (1) By
October 1, 2012, and to the extent practicable using available resources, the
Department of Human Services and county partners shall implement Strengthening,
Preserving and Reunifying Families programs as described in this section.
County partners are encouraged to form collaborations with programs to design,
oversee and participate in program development and implementation as
appropriate. The department shall be the lead agency in efforts undertaken
pursuant to this section, but all officers, boards, commissions and other
agencies of the State of Oregon shall cooperate with the department to
accomplish the duties imposed on the department by ORS 418.575 to 418.598 and
to allocate services provided by programs as described in this section.
(2)(a)
The Director of Human Services or the director’s designee, the Director of the
Oregon Health Authority or the director’s designee or the Director of the
Housing and Community Services Department or the director’s designee shall
enter into a contract with, and make reasonable payment for services provided
by, a program in accordance with ORS 418.575 to 418.598, and shall, where
necessary, enter into contracts with a lead agency or with county and community
entities that have been designated by the county partners to coordinate
services provided under this section.
(b)
A contract entered into under this subsection shall require only those services
that are reasonably available in the county or region where the program is or
will be providing services. Services may or may not be located in a given
county or region.
(c)
At the election of any director or director’s designee, a contract entered into
under this subsection may be a performance-based contract.
(3)
The programs implemented under this section shall provide an array of services.
Depending on resources and availability, the services provided may include but
are not limited to the following:
(a)
Front end intervention services that include alcohol and drug treatment
providers or mental health providers accompanying department caseworkers on
initial calls and visits in response to allegations or reports of abuse or
neglect. County partners shall participate in assessments to determine the
appropriateness and level of program services required for a child and the
child’s family, the creation of safety plans to enable the provision of in-home
services if appropriate and the development of family preservation and reunification
plans for presentation to the juvenile court.
(b)
Residential treatment whereby a member of a child’s family with care, custody
or control of the child enters a treatment facility accompanied by the child
with 24-hour supervision while the child and the member of the child’s family
engage in family strengthening activities and receive appropriate mental health
and addiction treatment support and services.
(c)
Supervised housing whereby a child and the child’s family remain together in
program housing while they participate in family strengthening activities,
receive mental health and addiction support and services and have the
appropriate level of supervision to ensure the physical health, care and safety
of the child.
(d)
Family-centered day and outpatient treatment services, either after completion
of residential treatment or in lieu of residential treatment, designed
specifically for substance-abusing parents of children involved in the child
welfare system.
(e)
Intensive in-home services while the child and family engage in family
strengthening activities.
(f)
Facilitation of regular contact between a child and the child’s family, if
separation has occurred, to facilitate an easier, quicker and more successful
transition of the child back into the family home.
(g)
Case managers who provide child and family supervision, assistance identifying
and accessing needed services, observation and monitoring of parenting
behavior, assistance with life skills development and assistance in removing
barriers to system independence.
(h)
Immediate access to supervised drug-free emergency and short-term housing.
(i)
Access to permanent, drug-free housing with on-site case managers and access to
supportive services that increase stability for a child and the child’s family.
(j)
Family finding services to identify extended family members to provide
additional support, resources and alternative placement options if necessary.
(k)
Services of a court appointed special advocate appointed pursuant to ORS
419A.170 where available.
(L)
Other services and interventions as programs evolve, research develops and
funding becomes available.
(4)
The services provided by programs must be culturally competent and include
evidence-informed or evidence-based practices.
(5)
The department shall establish by rule client-focused functional outcome
measures for programs implemented under this section.
(6)
Client-focused functional outcome measures may be used as a basis for funding
programs and entering into or renewing contracts with programs.
(7)
Programs shall develop and implement training and continuing education
curricula for persons delivering program services and, when adequate funding
exists, sponsor the attendance of service providers at state or national
training programs, conferences or other similar events.
(8)
Programs may seek funds from public and private sources to:
(a)
Meet match requirements for state or federal grants to support the provision of
program services;
(b)
Implement and operate the training and educational requirements of subsection
(7) of this section; and
(c)
Provide financial resources for the hiring of personnel and the provision of
existing or enhanced program services.
(9)
The department, in consultation with programs, shall report annually to the
Governor and the appropriate interim committees of the Legislative Assembly
that address child welfare issues on the progress toward and projected costs of
full implementation of ORS 418.575 to 418.598. [2011 c.568 §4]
418.585 Strengthening, Preserving and
Reunifying Families Program Fund. (1) There is
established in the State Treasury, separate and distinct from the General Fund,
the Strengthening, Preserving and Reunifying Families Program Fund. Interest
earned by the Strengthening, Preserving and Reunifying Families Program Fund
shall be credited to the fund. The fund consists of:
(a)
Moneys received by the Department of Human Services under ORS 418.590;
(b)
Amounts donated to the fund;
(c)
Amounts appropriated or otherwise transferred to the fund by the Legislative
Assembly;
(d)
Investment earnings received on moneys in the fund; and
(e)
Other amounts deposited in the fund from any source.
(2)
Moneys in the fund are continuously appropriated to the Department of Human
Services for the purposes of ORS 418.575 to 418.598.
(3)
Moneys in the fund supplement existing funds used for child welfare services
and shall not be used in lieu of these existing funds. Other state agencies and
entities shall continue to provide funds and services, including but not
limited to housing, alcohol and drug treatment and mental health treatment as
required under existing law.
(4)
Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to
293.820.
(5)
The department may not expend more than 15 percent of moneys available in the
fund for administrative costs and expenses of the department incurred in
implementing ORS 418.575 to 418.598. [2011 c.568 §5]
418.590 Waiver of federal requirements;
plan for reinvesting savings and combining resources.
(1) The Department of Human Services shall seek federal approval, renewal of an
existing waiver of federal requirements or a new waiver of federal requirements
as necessary to access federal savings that have accrued to the state as a
result of a reduction in the cost of foster and substitute care for children in
the legal custody of the department.
(2)
The department shall:
(a)
Create a plan for reinvesting federal savings into the provision of services
through Strengthening, Preserving and Reunifying Families programs under ORS
418.575 to 418.598; and
(b)
Combine state, federal and private resources to support implementation of a
statewide system of programs at the local level as provided under ORS 418.575
to 418.598. [2011 c.568 §6]
418.595 Placement and referral to program
to be considered in reasonable or active efforts determination; written
explanation. (1) In considering what constitutes
reasonable or active efforts or whether reasonable or active efforts have been
made under ORS 419B.185, 419B.337, 419B.340, 419B.470, 419B.476, 419B.498 and
419C.173, the Department of Human Services and the juvenile court shall
consider whether placement of a child and referral of a child and the child’s
family to a Strengthening, Preserving and Reunifying Families program is or was
in the child’s best interests and the action most likely to prevent or
eliminate the need for removal of the child from the child’s home or the action
most likely to make it possible for the child to safely return home.
(2)
If the department or juvenile court determines that placement of the child and
referral of the child and the child’s family to a program would not prevent or
eliminate the need for removal of the child from the child’s home or be the
action most likely to make it possible for the child to safely return home, the
department shall, in any description or documentation of its reasonable or
active efforts, include a written explanation of the reasons why the department
did not believe the placement of the child and referral of the child and the
child’s family to the program was in the child’s best interests and the course
most likely to prevent placement or effect the return of the child to the child’s
family. [2011 c.568 §7]
418.598 Rules.
(1) The Department of Human Services shall adopt rules to implement the
provisions of ORS 418.575 to 418.598.
(2)
Rules adopted by the department under subsection (1) of this section may not
require reporting and compilation of data that exceed the minimum required for
the department to comply with ORS 418.575 to 418.598 and federal laws or
regulations. [2011 c.568 §8]
418.605
[Formerly 419.352; repealed by 1971 c.401 §120]
418.610
[Formerly 419.356; repealed by 1983 c.537 §7 and 1983 c.740 §142]
FOSTER HOMES NOT SUPERVISED BY
CHILD-CARING AGENCIES
418.625 Definitions for ORS