ORS § 419b.839 — OR Code / Title 34 / Chapter 419b / Section 419b.839
419B.839 Required and discretionary summons
Status: in_force

(1) Summons in proceedings to establish jurisdiction under ORS 419B.100 (Jurisdiction) must be served on:

(a) The parents of the child without regard to who has legal or physical custody of the child;

(b) The legal guardian of the child;

(c) A putative father of the child who satisfies the criteria set out in ORS 419B.875 (Parties to proceedings) (1)(a)(C), except as provided in subsection (4) of this section;

(d) A putative father of the child if notice of the initiation of filiation or parentage proceedings was on file with the Center for Health Statistics of the Oregon Health Authority prior to the initiation of the juvenile court proceedings, except as provided in subsection (4) of this section;

(e) The person who has physical custody of the child, if the child is not in the physical custody of a parent; and

(f) The child, if the child is 12 years of age or older.

(2) If it appears to the court that the welfare of the child or of the public requires that the child immediately be taken into custody, the court may indorse an order on the summons directing the officer serving it to take the child into custody.

(3) Summons may be issued requiring the appearance of any person whose presence the court deems necessary.

(4) Summons under subsection (1) of this section is not required to be given to a putative father whom a court of competent jurisdiction has found not to be the child’s legal parent or who has filed a petition for filiation that was dismissed if no appeal from the judgment or order is pending.

(5) If a guardian ad litem has been appointed for a parent under ORS 419B.231 (Appointment) , a copy of a summons served on the parent under this section must be provided to the guardian ad litem. [2001 c.622 §13; 2003 c.205 §9; 2005 c.160 §3; 2005 c.450 §6; 2009 c.595 §365; 2017 c.651 §43]

Source: Section 419B.839 — Required and discretionary summons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 410.619 — OR Code / Title 34 / Chapter 410 / Section 410.619
410.619 Home care and personal support workers not state employees
Status: in_force

(1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.

(2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

(a) ORS 410.605 (Private pay home care worker program) , 410.606 (Referral of qualified individuals on home care registry) , 410.612 (Collective bargaining) and 410.614 (Rights of home care and personal support workers) and ORS chapter 657B; and

(b) ORS chapter 657, except as provided in ORS 657.730 (Workforce and labor market information system) (4). [Formerly 411.159; 2014 c.116 §10; 2017 c.307 §4; 2018 c.75 §17; 2019 c.700 §§52,53]

Source: Section 410.619 — Home care and personal support workers not state employees; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).
ORS § 418.680 — OR Code / Title 34 / Chapter 418 / Section 418.680
418.680 Annual report of trustees
Status: in_force

On October 1 of each year the Board of Trustees of the A. R. Burbank Trust Fund shall make and file with the Secretary of State a full report of the condition of the trust fund, showing the amount thereof, moneys outstanding and any other data necessary to a full understanding of its condition. [Formerly 419.454; 1975 c.605 §20]

Source: Section 418.680 — Annual report of trustees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 419c.504 — OR Code / Title 34 / Chapter 419c / Section 419c.504
419C.504 Duration of probation
Status: in_force

In any case under ORS 419C.005 (Jurisdiction) the court, notwithstanding ORS 419C.501 (Duration of disposition) , may place the adjudicated youth on probation to the court for a period not to exceed five years. However, the period of probation shall not extend beyond the date on which the adjudicated youth becomes 23 years of age. [1993 c.33 §247; 1995 c.422 §86; 2021 c.489 §90]

Source: Section 419C.504 — Duration of probation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 419b.809 — OR Code / Title 34 / Chapter 419b / Section 419b.809
419B.809 Petition
Status: in_force

(1) Any person may file a petition in the juvenile court alleging that a child named therein is within the jurisdiction of the court under ORS 419B.100 (Jurisdiction) .

(2) The petition and all subsequent court documents in the proceeding must be entitled “In the matter of_____, a child.” The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.

(3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the Department of Human Services or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.

(4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:

(a) Contain the name, age and residence of the child.

(b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.

(c) Contain the name and residence of the child’s parent and, in cases under ORS 419B.100 (Jurisdiction) , the names of persons with whom, and the places where, the child has resided for the previous five years.

(d) Indicate whether there is a proceeding involving the custody of the child pending in any court.

(e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.

(f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.

(g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.

(5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.

(6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.

(7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.

(8) The petition for jurisdiction must be in substantially the following form.

In the Matter of )

) No.

) Petition No.

)

A Child. ) PETITION

TO THE ABOVE-ENTITLED COURT:

Petitioner, whose name appears below, respectfully represents to the Court as follows:

1. The name, age and residence of the above-named child are as follows: (name); (age);

(DOB); (resides at), _______________, Oregon. (Alternative: The name and age of the above-named

child are as follows:________. The child’s residence is provided in a sealed document because

providing that information would jeopardize the health, safety or liberty of the child or of

a party to the case. ORS 109.767 (Information to be submitted to court) .)

2. The child is within the jurisdiction of the Court by reason of the following facts:

A. _______________

B. _______________

3. Uniform Child Custody Jurisdiction and Enforcement Act information:

A. Child(ren)’s present address: _______________(Alternative: The child’s present address is

provided in a sealed document because providing that information would jeopardize the

health, safety or liberty of the child or of a party to the case. ORS 109.767 (Information to be submitted to court) .)

B. Places the child(ren) has lived during the previous five years:

_______________

_______________

C. Names and present addresses of persons with whom child(ren) has lived during that

period:

_______________

_______________

D. The petitioner has/has not participated as a party or witness or in any other

capacity in any other proceeding concerning the custody of or parenting time or visitation

with the child. Court, case number and date of any child custody determination:

_______________

E. Petitioner knows/does not know of any proceeding that could affect the current

proceeding. Court, case number and date of the proceeding:

_______________

F. Petitioner knows/does not know of any person who has physical custody of the

child(ren) or claims rights of legal custody, physical custody, parenting time or visitation

with the child(ren). Names and addresses of such persons:

_______________

4. The child resides in ___________ County.

5. The name and present address of each parent is as follows:

_______________

6. The petition is not filed pursuant to the direction of this Court.

WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.

DATED:____________, 2___.

__________________

Petitioner

STATE OF OREGON )

) ss.

County of______ )

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.

__________________

Petitioner

SIGNED AND SWORN to before me on____________, 2___.

_____________________

SEAL (Alternate Verification)

STATE OF OREGON )

) ss.

County of______ )

I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.

__________________

Petitioner

SIGNED AND SWORN to before me on____________, 2___.

_____________________

[2001 c.622 §4]

Source: Section 419B.809 — Petition; contents; form; dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 419c.542 — OR Code / Title 34 / Chapter 419c / Section 419c.542
419C.542 Hearings before juvenile panel of Psychiatric Security Review Board
Status: in_force

(1) A young person committed by the court under ORS 419C.529 (Finding of serious mental condition) to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority may not be held in the hospital or facility for more than 90 days from the date of the court’s commitment order without an initial hearing before the juvenile panel of the Psychiatric Security Review Board to determine whether the young person should be discharged or conditionally released.

(2) A young person may not be held pursuant to an order under ORS 419C.532 (Hearings of juvenile panel of Psychiatric Security Review Board) (5) for a period of time exceeding one year without a hearing before the juvenile panel to determine whether the young person should be discharged or conditionally released.

(3) When a young person has spent three years on conditional release, the juvenile panel shall bring the young person before the juvenile panel no later than 30 days after the expiration of the three-year period. The juvenile panel shall review the young person’s status and determine whether the young person should be discharged from the jurisdiction of the board.

(4) Notwithstanding the fact that a young person who is brought before the juvenile panel under subsection (3) of this section continues to have a serious mental condition, the juvenile panel may discharge the young person if the young person did not exhibit behaviors that presented a substantial danger to others during the period of conditional release and no longer requires supervision by the juvenile panel. [2005 c.843 §18; 2009 c.595 §374]

Source: Section 419C.542 — Hearings before juvenile panel of Psychiatric Security Review Board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 419b.035 — OR Code / Title 34 / Chapter 419b / Section 419b.035
419B.035 Confidentiality of records
Status: in_force

(1) Notwithstanding the provisions of ORS 192.001 (Policy concerning public records) to 192.170 (Disposition of materials without authorization) , 192.210 (Definitions for ORS 192.210 and 192.220) to 192.478 (Exemption for Judicial Department) and 192.610 (Definitions for ORS 192.610 to 192.705) to 192.810 (Applicability of ORS 192.805) relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) are confidential and may not be disclosed except as provided in this section. The Department of Human Services shall make the records available to:

(a) Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse;

(b) Any physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) , at the request of the physician, physician assistant or nurse practitioner, regarding any child brought to the physician, physician assistant or nurse practitioner or coming before the physician, physician assistant or nurse practitioner for examination, care or treatment;

(c) Attorneys of record for the child or child’s parent or guardian in any juvenile court proceeding;

(d) Citizen review boards established by the Judicial Department for the purpose of periodically reviewing the status of children, youths and adjudicated youths under the jurisdiction of the juvenile court under ORS 419B.100 (Jurisdiction) and 419C.005 (Jurisdiction) . Citizen review boards may make such records available to participants in case reviews;

(e) A court appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect;

(f) The Department of Early Learning and Care for the purpose of carrying out the functions of the department, including the certification, registration or regulation of child care facilities and child care providers and the administration of enrollment in the Central Background Registry;

(g) The Office of Children’s Advocate;

(h) The Teacher Standards and Practices Commission for investigations conducted under ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees) or 342.176 (Complaint process) involving any child or any student;

(i) Any person, upon request to the Department of Human Services, if the reports or records requested regard an incident in which a child, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015 (General definitions) . Reports or records disclosed under this paragraph must be disclosed in accordance with ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) ;

(j) The Department of Early Learning and Care for purposes of applications described in ORS 329A.030 (Central Background Registry) (11)(c)(G) to (J);

(k) With respect to a report of abuse occurring at a school or in an educational setting that involves a child with a disability, Disability Rights Oregon;

(L) The Department of Education for purposes of investigations conducted under ORS 339.391 (Investigations by Department of Education of persons who are not commission licensees) ;

(m) An education provider for the purpose of making determinations under ORS 339.388 (Report of abuse or sexual conduct) ; and

(n) A national nonprofit organization designated by the Department of Human Services that provides assistance with locating, recovering or providing services to children or youth determined by the department to be missing.

(2) Intentionally left blank —Ed.

(a) When disclosing reports and records pursuant to subsection (1)(i) of this section, the Department of Human Services may exempt from disclosure the names, addresses and other identifying information about other children, witnesses, victims or other persons named in the report or record if the department determines, in written findings, that the safety or well-being of a person named in the report or record may be jeopardized by disclosure of the names, addresses or other identifying information, and if that concern outweighs the public’s interest in the disclosure of that information.

(b) If the Department of Human Services does not have a report or record of abuse regarding a child who, as the result of abuse, died or suffered serious physical injury as defined in ORS 161.015 (General definitions) , the department may disclose that information.

(3) The Department of Human Services may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to any person, administrative hearings officer, court, agency, organization or other entity when the department determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the Director of Human Services gives prior written approval. The Department of Human Services shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection or subsection (1) or (2) of this section. The name, address and other identifying information about the person who made the report may not be disclosed pursuant to this subsection and subsection (1) of this section.

(4) A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to other law enforcement agencies, district attorneys, city attorneys with criminal prosecutorial functions and the Attorney General when the law enforcement agency determines that disclosure is necessary for the investigation or enforcement of laws relating to child abuse and neglect or necessary to determine a claim for crime victim compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) .

(5) Intentionally left blank —Ed.

(a) A law enforcement agency, upon completing an investigation and closing the file in a specific case relating to child abuse or neglect, shall make reports and records in the case available upon request to:

(A) Any law enforcement agency or community corrections agency in this state, to the Department of Corrections, to the Oregon Youth Authority or to the State Board of Parole and Post-Prison Supervision for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release; and

(B) The Teacher Standards and Practices Commission for investigations conducted under ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees) and 342.176 (Complaint process) .

(b) A law enforcement agency may make reports and records compiled under the provisions of ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information) available to the Oregon Youth Authority, the Teacher Standards and Practices Commission for investigations conducted under ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees) and 342.176 (Complaint process) , law enforcement, community corrections, corrections or parole agencies in an open case when the law enforcement agency determines that the disclosure will not interfere with an ongoing investigation in the case.

(c) The name, address and other identifying information about the person who made the report may not be disclosed under this subsection or subsection (6)(b) of this section.

(6) Intentionally left blank —Ed.

(a) Any record made available to a law enforcement agency or community corrections agency in this state, to the Department of Corrections, the Oregon Youth Authority, the State Board of Parole and Post-Prison Supervision or the Teacher Standards and Practices Commission or to a physician, physician assistant or nurse practitioner in this state, as authorized by subsections (1) to (5) of this section, shall be kept confidential by the agency, department, board, commission, physician, physician assistant or nurse practitioner. Any record or report disclosed by the Department of Human Services to other persons or entities pursuant to subsections (1) and (3) of this section shall be kept confidential.

(b) Notwithstanding paragraph (a) of this subsection:

(A) A law enforcement agency, a community corrections agency, the Department of Corrections, the Oregon Youth Authority and the State Board of Parole and Post-Prison Supervision may disclose records made available to them under subsection (5) of this section to each other, to law enforcement, community corrections, corrections and parole agencies of other states and to authorized treatment providers for the purpose of managing and supervising offenders in custody or on probation, parole, post-prison supervision or other form of conditional or supervised release.

(B) The Department of Corrections and the Oregon Youth Authority may disclose records made available to them under subsection (5) of this section regarding a person in the custody of the Department of Corrections or the Oregon Youth Authority to each other, to the court, to the district attorney and to the person’s attorney for the purpose of the person’s hearing under ORS 420A.200 (Duration of custody of Oregon Youth Authority) to 420A.206 (Conditional release) .

(C) A person may disclose records made available to the person under subsection (1)(i) of this section if the records are disclosed for the purpose of advancing the public interest.

(7) Except as provided by ORS 339.389 (Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse) , an officer or employee of the Department of Human Services or of a law enforcement agency or any person or entity to whom disclosure is made pursuant to subsections (1) to (6) of this section may not release any information not authorized by subsections (1) to (6) of this section.

(8) A record of sexual orientation, gender identity or gender expression, as defined in ORS 409.225 (Confidentiality of child welfare records, files, papers and communications) , is exempt from disclosure under subsection (1) of this section unless:

(a) The department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

(c) The child consents to the disclosure.

(9) As used in this section, “law enforcement agency” has the meaning given that term in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350) .

(10) A person who violates subsection (6)(a) or (7) of this section commits a Class A violation. [1993 c.546 §§20,20a; 1995 c.278 §51; 1997 c.328 §8; 1999 c.1051 §181; 2003 c.14 §224; 2003 c.412 §1; 2003 c.591 §8; 2005 c.317 §1; 2005 c.659 §2; 2009 c.348 §§3,4; 2009 c.393 §1; 2012 c.3 §2; 2013 c.624 §84; 2014 c.45 §43; 2017 c.108 §5; 2017 c.356 §43; 2017 c.377 §1; 2017 c.616 §2; 2019 c.141 §26; 2019 c.618 §19; 2021 c.194 §1; 2021 c.386 §7; 2021 c.489 §57; 2022 c.27 §10; 2022 c.90 §9; 2023 c.129 §2; 2023 c.131 §2; 2023 c.267 §7; 2023 c.554 §54]

Source: Section 419B.035 — Confidentiality of records; when available to others; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 419b.510 — OR Code / Title 34 / Chapter 419b / Section 419b.510
419B.510 Termination upon finding child conceived as result of rape
Status: in_force

(1) The rights of the parent may be terminated as provided in ORS 419B.500 (Termination of parental rights generally) if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.365 (Rape in the second degree) or 163.375 (Rape in the first degree) or other comparable law of another jurisdiction.

(2) Termination of parental rights under subsection (1) of this section does not relieve the parent of any obligation to pay child support.

(3) Termination of parental rights under subsection (1) of this section is an independent basis for termination of parental rights and the court need not make any of the considerations or findings described in ORS 419B.502 (Termination upon finding of extreme conduct) , 419B.504 (Termination upon finding of unfitness) , 419B.506 (Termination upon finding of neglect) or 419B.508 (Termination upon finding of abandonment) . [2011 c.438 §2]

Source: Section 419B.510 — Termination upon finding child conceived as result of rape , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 414.760 — OR Code / Title 34 / Chapter 414 / Section 414.760
414.760 Payment for patient centered primary care home and behavioral health home services
Status: in_force

(1) The Oregon Health Authority shall provide reimbursement in the state’s medical assistance program for services provided by patient centered primary care homes and behavioral health homes. If practicable, efforts to align financial incentives to support patient centered primary care homes and behavioral health homes for enrollees in medical assistance programs should be aligned with efforts of the learning collaborative described in ORS 413.259 (Patient centered primary care home program and behavioral health home program) (3).

(2) The authority shall require each coordinated care organization, to the extent practicable, to offer patient centered primary care homes and behavioral health homes that meet the standards established in ORS 414.655 (Utilization of patient centered primary care homes and behavioral health homes by coordinated care organizations) .

(3) The authority may reimburse patient centered primary care homes and behavioral health homes for interpretive services provided to people in the state’s medical assistance programs if interpretive services qualify for federal financial participation.

(4) The authority shall require patient centered primary care homes and behavioral health homes receiving these reimbursements to report on quality measures described in ORS 413.259 (Patient centered primary care home program and behavioral health home program) (1)(c). [2009 c.595 §1164; 2011 c.602 §29; 2015 c.798 §15]

Note: 414.760 (Payment for patient centered primary care home and behavioral health home services) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 414.760 — Payment for patient centered primary care home and behavioral health home services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 420.245 — OR Code / Title 34 / Chapter 420 / Section 420.245
420.245 Administration by Oregon Youth Authority
Status: in_force

(1) The Oregon Youth Authority shall administer the work release program described in ORS 420.240 (Work release program) to 420.265 (Unauthorized absence) by means of such staff organization and personnel as the Director of the Oregon Youth Authority considers necessary or advisable. In addition to other duties, the youth authority may:

(a) Locate employment for qualified applicants;

(b) Effect placement of persons under the work release program;

(c) Prescribe any special conditions that are appropriate to ensure compliance by a person participating in the work release program with the general procedures and objectives of the work release program; and

(d) Collect, account for and make disbursements from earnings, if any, of persons under the work release program.

(2) The youth authority may enter into agreements with public or private agencies or persons for the employment of persons participating in the work release program or for providing services related to the work release program. [2013 c.229 §3]

Source: Section 420.245 — Administration by Oregon Youth Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors420.­html (accessed May 26, 2025).
ORS § 413.071 — OR Code / Title 34 / Chapter 413 / Section 413.071
413.071 Authorization to request federal waivers
Status: in_force

Notwithstanding any other provision of law, federal laws shall govern the administration of federally granted funds. The Director of the Oregon Health Authority may request a waiver of any federal law in order to fully implement provisions of state law using federally granted funds. [2011 c.720 §36]

Note: 413.071 (Authorization to request federal waivers) and 413.072 (Public process required if waiver of federal requirement involves policy change) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 413.071 — Authorization to request federal waivers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 418.528 — OR Code / Title 34 / Chapter 418 / Section 418.528
418.528 Quarterly reports
Status: in_force

(1) A program must prepare and submit to the Department of Human Services a quarterly report detailing the program’s use of restraint and involuntary seclusion for the preceding three-month period, including, at a minimum:

(a) The total number of incidents involving restraint.

(b) The total number of incidents involving involuntary seclusion.

(c) The total number of involuntary seclusions in a locked room.

(d) The total number of rooms available for use by the program for involuntary seclusion and a description of the dimensions and design of the rooms.

(e) The total number of children in care placed in restraint.

(f) The total number of children in care placed in involuntary seclusion.

(g) The total number of children who experienced both restraint and involuntary seclusion.

(h) The total number of incidents under paragraph (a) or (b) of this subsection that resulted in reportable injuries.

(i) The number of children in care who were placed in restraint or involuntary seclusion more than three times during the preceding three-month period and a description of the steps the program has taken to decrease the use of restraint and involuntary seclusion.

(j) The number of incidents in which an individual who placed a child in care in a restraint or involuntary seclusion was not certified as described in ORS 418.529 (Training standards and certification) or trained, as required by the department by rule, in the use of the type of restraint or involuntary seclusion used.

(k) The demographic characteristics of the children in care who the program placed in a restraint or involuntary seclusion, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

(L) The total number of children in care served by the program during the reporting period, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual child in care.

(2) Intentionally left blank —Ed.

(a) If a program provides services in more than one location, the reports under subsection (1) of this section must separate the data for each location that serves five or more children in care.

(b) If the site-specific data for a given location is not provided under paragraph (a) of this subsection because the program serves fewer than five children in care at that location, the program’s report must include a notation indicating the aggregate number of children in care served by the program across all of the program’s locations and the reporting requirements under paragraph (a) of this subsection continue to apply to any of the program’s other locations serving five or more children in care.

(3) Intentionally left blank —Ed.

(a) The department shall make each quarterly report it receives under this section available to the public on the department’s website.

(b) Each program that submits a report under this section shall make its quarterly report available to the public upon request at the program’s main office and on the program’s website if the program maintains a website.

(c) Each program shall provide notice regarding how to access the quarterly reports to the parents or guardians of children in care in the program. The program shall provide the notice upon the child in care’s admission and at least two times each year thereafter.

(4) The reporting requirements under subsection (1) of this section do not apply to a program that provides adoption placement services but does not otherwise provide care or services to children. [2021 c.672 §7; 2021 c.672 §8; 2023 c.190 §1; 2023 c.267 §4]

Note: See note under 418.519 (Definitions for ORS 418.519 to 418.532) .

Source: Section 418.528 — Quarterly reports; public access to reports; notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 411.708 — OR Code / Title 34 / Chapter 411 / Section 411.708
411.708 Recovery of supplemental income program assistance from certain estates
Status: in_force

(1) The amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 (Oregon Supplemental Income Program) to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 (Oregon Supplemental Income Program) except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (Recovery of public assistance or medical assistance obtained or disposed of unlawfully) (2).

(2) Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495 (Payment of claims against estate or protected person) .

(3) Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]

Source: Section 411.708 — Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html (accessed May 26, 2025).
ORS § 417.030 — OR Code / Title 34 / Chapter 417 / Section 417.030
417.030 The Interstate Compact for Juveniles
Status: in_force

The Governor hereby is authorized and directed to execute for, on behalf of and in the name of the State of Oregon, a compact with any state or states legally joining therein in the form substantially as follows:

The contracting states solemnly agree:

The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:

A. Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

B. Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

C. Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return;

D. Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

E. Provide for the effective tracking and supervision of juveniles;

F. Equitably allocate the costs, benefits and obligations of the compacting states;

G. Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;

H. Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

I. Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;

J. Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators;

K. Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance;

L. Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and

M. Coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

As used in this compact, unless the context clearly requires a different construction:

A. “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.

B. “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

C. “Compacting state” means any state that has enacted the enabling legislation for this compact.

D. “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.

E. “Court” means any court having jurisdiction over delinquent, neglected or dependent children.

F. “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

G. “Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this compact.

H. “Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

1. Accused delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;

2. Adjudicated delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

3. Accused status offender - a person charged with an offense that would not be a criminal offense if committed by an adult;

4. Adjudicated status offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

5. Non-offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

I. “Non-compacting state” means any state that has not enacted the enabling legislation for this compact.

J. “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

K. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

L. “State” means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.

A. The compacting states hereby create the “Interstate Commission for Juveniles.” The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its bylaws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission.

D. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

E. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

F. The Interstate Commission shall establish an executive committee, which shall include commission officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.

G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the State Council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.

H. The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by statute;

3. Disclose trade secrets or commercial or financial information that is privileged or confidential;

4. Involve accusing any person of a crime, or formally censuring any person;

5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes;

7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

9. Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

The commission shall have the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

3. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.

4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

5. To establish and maintain offices that shall be located within one or more of the compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire or contract for services of personnel.

8. To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

13. To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

18. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.

19. To establish uniform standards of the reporting, collecting and exchanging of data. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

Section A. Bylaws

1. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

a. Establishing the fiscal year of the Interstate Commission;

b. Establishing an executive committee and such other committees as may be necessary;

c. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;

d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

e. Establishing the titles and responsibilities of the officers of the Interstate Commission;

f. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;

g. Providing “start-up” rules for initial administration of the compact; and

h. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section B. Officers and Staff

1. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

Section C. Qualified Immunity, Defense and Indemnification

1. The Commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

3. The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

4. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

B. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.

C. When promulgating a rule, the Interstate Commission shall, at a minimum:

1. Publish the proposed rule’s entire text stating the reason(s) for that proposed rule;

2. Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;

3. Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

4. Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

D. Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

F. The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.

G. Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

OVERSIGHT, ENFORCEMENT AND

Section A. Oversight

1. The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states that may significantly affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Section B. Dispute Resolution

1. The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

2. The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.

A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states that governs said assessment.

C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

E. The Interstate Compact for Juveniles Fund is established, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Youth Authority to be used for the purposes of meeting financial obligations imposed on the State of Oregon as a result of the state’s participation in this compact.

F. An assessment levied or any other financial obligation imposed under this compact is effective against the State of Oregon only to the extent that moneys to pay the assessment or meet the financial obligation have been appropriated and deposited in the Interstate Compact for Juveniles Fund.

A. The Director of the Oregon Youth Authority, or the director’s designee, shall serve as the compact administrator for the State of Oregon and as Oregon’s commissioner to the Interstate Commission.

B. The Oregon State Council for Interstate Juvenile Supervision is established, consisting of seven members. The Director of the Oregon Youth Authority, or the director’s designee, is a member of the State Council and serves as chairperson of the State Council. Of the remaining members of the State Council:

1. The Governor shall appoint three members, one of whom must represent a crime victims’ organization; and

2. The Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives shall each appoint one member.

C. The term of office of a member is four years.

D. The State Council shall meet at least once each calendar year.

E. The State Council may advise the compact administrator on participation in the Interstate Commission activities and administration of the compact.

F. Members of the State Council are entitled to expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Any legislative members are entitled to payment of compensation and expense reimbursement under ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

G. The State Council is subject to the provisions of ORS 291.201 (“Tax expenditure” defined for ORS 291.201 to 291.222) to 291.222 (Furnishing information and assistance to Governor-elect) and 291.232 (Declaration of policy) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government) .

H. The Oregon Youth Authority shall provide staff support for the State Council.

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no fewer than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.

C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

WITHDRAWAL, DEFAULT,

Section A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

Section B. Technical Assistance, Fines, Suspension, Termination and Default

1. If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

a. Remedial training and technical assistance as directed by the Interstate Commission;

b. Alternative Dispute Resolution;

c. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and

d. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state’s legislature and the State Council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.

2. Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the majority and minority leaders of the defaulting state’s legislature and the State Council of such termination.

3. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

Section C. Judicial Enforcement

The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

Section D. Dissolution of Compact

1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

Section A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

2. All compacting states’ laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the State of Oregon unless contrary to the Oregon Constitution.

2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

5. The State of Oregon is bound by the bylaws and rules promulgated under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the Oregon Constitution as interpreted by the state courts of Oregon.

[1959 c.434 §2; 1979 c.288 §4; 2009 c.891 §1]

Note: Section 2, chapter 891, Oregon Laws 2009, provides:

Sec. 2. Notwithstanding the amendments to ORS 417.030 (The Interstate Compact for Juveniles) by section 1 of this 2009 Act, ORS 417.030 (The Interstate Compact for Juveniles) (2007 Edition) applies to non-compacting states as defined in Article II of the Interstate Compact for Juveniles. [2009 c.891 §2]

Source: Section 417.030 — The Interstate Compact for Juveniles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 418.733 — OR Code / Title 34 / Chapter 418 / Section 418.733
418.733 Updates to Youth Suicide Intervention and Prevention Plan
Status: in_force

The Youth Suicide Intervention and Prevention Coordinator, in consultation with the Youth Suicide Intervention and Prevention Advisory Committee established in ORS 418.726 (Youth Suicide Intervention and Prevention Advisory Committee) , shall update the Youth Suicide Intervention and Prevention Plan under ORS 418.731 (Youth Suicide Intervention and Prevention Coordinator) a minimum of once every five years. Updates must include, but are not limited to:

(1) An assessment of current access to mental health intervention, treatment and support for depressed or suicidal youth, including affordability, timeliness, cultural appropriateness and availability of qualified providers;

(2) Recommendations to improve access to appropriate mental health intervention, treatment and support for depressed or suicidal youth, including affordability, timeliness, cultural appropriateness and availability of qualified providers;

(3) Recommendations for best practices to identify and intervene with youth who are depressed, suicidal or at risk for infliction of self-injury;

(4) Recommendations for collaboration among schools, school-based health clinics and coordinated care organizations for school-based screening for depression and risk of suicide or infliction of self-injury among middle school and high school students;

(5) Recommendations related to the use of social media and the Internet to provide opportunities for intervention and prevention of youth suicide and self-inflicted injury;

(6) Recommendations regarding services and strategies to respond to schools and communities following a completed youth suicide;

(7) Identification of intervention and prevention strategies used by other states with the five lowest rates of youth suicide and self-inflicted injuries; and

(8) A comparison of Oregon’s youth suicide and self-inflicted injury rates with those of other states. [2014 c.99 §2; 2019 c.341 §3]

Note: 418.733 (Updates to Youth Suicide Intervention and Prevention Plan) 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.

Source: Section 418.733 — Updates to Youth Suicide Intervention and Prevention Plan; content , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 419c.258 — OR Code / Title 34 / Chapter 419c / Section 419c.258
419C.258 Service
Status: in_force

A true copy of the petition shall be served, together with the summons, upon all persons upon whom summonses are served under ORS 419C.300 (Time limits on issuance of summons) , 419C.303 (Form of summons) and 419C.306 (Effect of summons) . The petitioner, or an attorney for the petitioner, must certify on the copy that the copy is an exact and complete copy of the original summons and complaint. [1993 c.33 §199; 1995 c.273 §23]

Source: Section 419C.258 — Service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 421.120 — OR Code / Title 34 / Chapter 421 / Section 421.120
421.120 Reduction in term of sentence
Status: in_force

(1) As used in this section, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp.

(2) Each adult in custody confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the adult in custody faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed as follows:

(a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of the sentence actually served in the Department of Corrections institution.

(b) From the term of a sentence of more than one year, one day shall be deducted for every two days of the sentence actually served in the Department of Corrections institution.

(c) From the term of any sentence, one day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity, and one day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified, and one day for every six days of the work actually performed or educational activity certified after the fifth year of prison employment.

(d) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of the work actually performed thereafter.

(e) From the term of any sentence, one day shall be deducted for every six days’ work performed at work camp during the first year of prison employment, and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or education release programs while the adult in custody is serving the same term.

(3) The deductions allowed in subsection (2)(c), (d) and (e) of this section shall be in addition to those allowed in subsection (2)(a) and (b) of this section.

(4) The Department of Corrections shall develop pursuant to the rulemaking provisions of ORS chapter 183 a uniform procedure for granting, retracting and restoring deductions allowed in subsection (2) of this section.

(5) When a paroled adult in custody violates any condition of parole, no deduction from the term of sentence, as provided in subsection (2) of this section, shall be made for service by the adult in custody in the Department of Corrections institution prior to acceptance and release on parole, except when authorized by the State Board of Parole and Post-Prison Supervision upon recommendation of the superintendent thereof.

(6) The provisions of this section shall apply only to offenders sentenced for felonies committed prior to November 1, 1989. [Amended by 1953 c.560 §2; 1955 c.505 §1; 1957 c.686 §1; 1969 c.502 §10; 1973 c.562 §1; 1975 c.264 §1; 1977 c.374 §2; 1981 c.425 §2; 1985 c.53 §1; 1987 c.320 §166; 1989 c.790 §56; 2003 c.14 §231; 2019 c.213 §66]

Source: Section 421.120 — Reduction in term of sentence; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 419b.606 — OR Code / Title 34 / Chapter 419b / Section 419b.606
419B.606 Custody
Status: in_force

(1) An individual has custody of an Indian child under ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law.

(2) An Indian child’s parent has continued custody of the Indian child under ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) if the parent currently has, or previously had, custody of the Indian child.

(3) For purposes of ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) , the following individuals are presumed to have continued custody of an Indian child:

(a) The Indian child’s biological mother.

(b) A man who is married to the Indian child’s biological mother.

(c) A man whose parentage has been acknowledged or established as described in ORS 419B.609 (Acknowledgment or establishment of parentage) . [2020 s.s.1 c.14 §3; 2021 c.398 §48]

Note: See note under 419B.600 (Policy on Indian child welfare) .

Source: Section 419B.606 — Custody; presumption of continued custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 417.784 — OR Code / Title 34 / Chapter 417 / Section 417.784
417.784 Infant and toddler care program
Status: in_force

(1) As used in this section:

(a) “Local entity” includes:

(A) An Early Learning Hub designated under ORS 417.827 (Early Learning Hubs) ;

(B) A resource and referral entity;

(C) An education service district;

(D) A federal Head Start program;

(E) A community-based organization; or

(F) Any entity identified by the Department of Early Learning and Care.

(b) “Provider” means a provider of infant and toddler care.

(c) “Resource and referral entity” means a resource and referral entity established under ORS 329A.100 (“Resource and referral system” defined for ORS 329A.100 to 329A.135) to 329A.135 (Duties of department related to resource and referral system) .

(2) The Department of Early Learning and Care shall administer an infant and toddler care program to improve access to high quality infant and toddler care for families whose incomes, at the time of enrollment, are at or below 200 percent of the federal poverty guidelines.

(3) Intentionally left blank —Ed.

(a) Each biennium, each Early Learning Hub, in consultation with resource and referral entities, shall complete a community plan. The plan must include the following for the region served by the Early Learning Hub:

(A) Identification of priority populations of children and families to enroll in the program;

(B) Assessment of the availability of high-quality infant and toddler care;

(C) Identification of existing providers and opportunities to increase the number and enrollment capacity of providers;

(D) Prioritization of local entities to serve as providers based on community need and enrollment capacity;

(E) Identification of methods for increasing the enrollment capacity of providers and for providing professional development to providers; and

(F) Identification of other services related to infant and toddler care.

(b) After completing a community plan described in paragraph (a) of this subsection, an Early Learning Hub shall submit the plan to the department for approval based on rules adopted by the Early Learning Council.

(4) Intentionally left blank —Ed.

(a) The department shall contract with resource and referral entities to recruit eligible providers to participate in the infant and toddler care program established under this section.

(b) To be eligible to participate in the program, a provider must demonstrate a commitment and ability to:

(A) Address the needs identified in the community plan approved by the department under subsection (3) of this section;

(B) Provide care to infants and toddlers;

(C) Serve families whose incomes, at the time of enrollment, are at or below 200 percent of the federal poverty guidelines; and

(D) Serve families who otherwise meet criteria established by the Early Learning Council by rule.

(5) Intentionally left blank —Ed.

(a) The department shall identify a local entity within each Early Learning Hub region that shall be responsible for awarding grants and contracts to providers who meet the eligibility criteria established under subsection (4) of this section.

(b) Before a provider may be awarded a grant or contract under this section, the provider must agree to participate in any quality improvement and professional development activities necessary to meet the standards established by the department.

(6) Resource and referral entities shall:

(a) In consultation with each provider awarded a grant or contract under this section, develop a quality improvement and professional development plan for the provider; and

(b) Provide coaching and other professional development services necessary to execute the plan developed under this subsection. [2019 c.573 §1; 2021 c.93 §3; 2021 c.631 §50]

Note: 417.784 (Infant and toddler care program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 417 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 417.784 — Infant and toddler care program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 419a.106 — OR Code / Title 34 / Chapter 419a / Section 419a.106
419A.106 Review of cases generally
Status: in_force

(1) Except for cases removed from review under procedures established under ORS 419A.098 (Rules) , the local citizen review board shall review the case of each child and ward in substitute care which is assigned by the court. The following provisions apply:

(a) The review shall take place at times set by the board, the first review to be no more than six months after the child or ward is placed in substitute care and subsequent reviews to take place no less frequently than once every six months thereafter until the child or ward is no longer within the jurisdiction of the court, no longer in substitute care or until an adoption proceeding becomes final.

(b) The court, by rule of the court or on an individual case basis, may relieve the local citizen review board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review. A complete judicial review is a hearing that results in a written order that contains the findings required under ORS 419B.476 (Conduct of hearing) or includes substantially the same findings as are required under ORS 419A.116 (Findings and recommendations) .

(c) The court shall notify the local citizen review board of a denial of a petition to terminate parental rights within 10 days of the denial. As soon as practical but no later than 45 days after the denial, the board shall review any case where a petition to terminate parental rights has been denied.

(2) The local citizen review board may hold joint or separate reviews for groups of siblings.

(3) At any review conducted under this section or at a court hearing conducted in lieu of that review, the court or local citizen review board shall inquire of those present as to the parent’s current address and telephone numbers and, if the parent has a contact person, the name, current address and telephone number of the contact person. When appropriate, the court may enter a protective order limiting disclosure of information obtained under this subsection. [1993 c.33 §30; 1993 c.412 §6; 2001 c.686 §§19,19a; 2003 c.396 §19]

Source: Section 419A.106 — Review of cases generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).
ORS § 414.325 — OR Code / Title 34 / Chapter 414 / Section 414.325
414.325 Prescription drugs
Status: in_force

(1) As used in this section:

(a) “Legend drug” means any drug requiring a prescription by a practitioner, as defined in ORS 689.005 (Definitions) .

(b) “Urgent medical condition” means a medical condition that arises suddenly, is not life-threatening and requires prompt treatment to avoid the development of more serious medical problems.

(2) A licensed practitioner may prescribe such drugs under this chapter as the practitioner in the exercise of professional judgment considers appropriate for the diagnosis or treatment of the patient in the practitioner’s care and within the scope of practice. Prescriptions shall be dispensed in the generic form pursuant to ORS 689.515 (Regulation of generic drugs) and pursuant to rules of the Oregon Health Authority unless the practitioner prescribes otherwise and an exception is granted by the authority.

(3) Except as provided in subsections (4) and (5) of this section, the authority shall place no limit on the type of legend drug that may be prescribed by a practitioner, but the authority shall pay only for drugs in the generic form unless an exception has been granted by the authority.

(4) Notwithstanding subsection (3) of this section, an exception must be applied for and granted before the authority is required to pay for minor tranquilizers and amphetamines and amphetamine derivatives, as defined by rule of the authority.

(5) Intentionally left blank —Ed.

(a) Notwithstanding subsections (1) to (4) of this section and except as provided in paragraph (b) of this subsection, the authority is authorized to:

(A) Withhold payment for a legend drug when federal financial participation is not available; and

(B) Require prior authorization of payment for drugs that the authority has determined should be limited to those conditions generally recognized as appropriate by the medical profession.

(b) The authority may not require prior authorization for therapeutic classes of nonsedating antihistamines and nasal inhalers, as defined by rule by the authority, when prescribed by an allergist for treatment of any of the following conditions, as described by the Health Evidence Review Commission on the funded portion of its prioritized list of services:

(A) Asthma;

(B) Sinusitis;

(C) Rhinitis; or

(D) Allergies.

(6) The authority shall pay a rural health clinic for a legend drug prescribed and dispensed under this chapter by a licensed practitioner at the rural health clinic for an urgent medical condition if:

(a) There is not a pharmacy within 15 miles of the clinic;

(b) The prescription is dispensed for a patient outside of the normal business hours of any pharmacy within 15 miles of the clinic; or

(c) No pharmacy within 15 miles of the clinic dispenses legend drugs under this chapter.

(7) Notwithstanding ORS 414.334 (Practitioner-Managed Prescription Drug Plan for medical assistance program) , the authority may conduct prospective drug utilization review in accordance with ORS 414.351 (Definitions for ORS 414.351 to 414.414) to 414.414 (Use and disclosure of confidential information) .

(8) Notwithstanding subsection (3) of this section, the authority may pay a pharmacy for a particular brand name drug rather than the generic version of the drug after notifying the pharmacy that the cost of the particular brand name drug, after receiving discounted prices and rebates, is equal to or less than the cost of the generic version of the drug.

(9) Intentionally left blank —Ed.

(a) Within 180 days after the United States patent expires on an immunosuppressant drug used in connection with an organ transplant, the authority shall determine whether the drug is a narrow therapeutic index drug.

(b) As used in this subsection, “narrow therapeutic index drug” means a drug that has a narrow range in blood concentrations between efficacy and toxicity and requires therapeutic drug concentration or pharmacodynamic monitoring. [1977 c.818 §§2,3; 1979 c.777 §45; 1979 c.785 §3; 1983 c.608 §2; 1999 c.529 §1; 2001 c.897 §§5,6; 2003 c.14 §§190,191; 2003 c.91 §§1,2; 2003 c.810 §§20,21; 2005 c.692 §§8,9; 2009 c.473 §1; 2009 c.827 §§2,8; 2009 c.828 §35; 2015 c.467 §§3,4; 2015 c.551 §2]

Note: The amendments to 414.325 (Prescription drugs) by section 3, chapter 628, Oregon Laws 2021, become operative January 2, 2026. See section 5, chapter 628, Oregon Laws 2021. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.

414.325 (Prescription drugs) . (1) As used in this section:

(a) “Legend drug” means any drug requiring a prescription by a practitioner, as defined in ORS 689.005 (Definitions) .

(b) “Urgent medical condition” means a medical condition that arises suddenly, is not life-threatening and requires prompt treatment to avoid the development of more serious medical problems.

(2) A licensed practitioner may prescribe such drugs under this chapter as the practitioner in the exercise of professional judgment considers appropriate for the diagnosis or treatment of the patient in the practitioner’s care and within the scope of practice. Prescriptions shall be dispensed in the generic form pursuant to ORS 689.515 (Regulation of generic drugs) and pursuant to rules of the Oregon Health Authority unless the practitioner prescribes otherwise and an exception is granted by the authority.

(3) Except as provided in subsections (4) and (5) of this section, the authority shall place no limit on the type of legend drug that may be prescribed by a practitioner, but the authority shall pay only for drugs in the generic form unless an exception has been granted by the authority.

(4) Notwithstanding subsection (3) of this section, an exception must be applied for and granted before the authority is required to pay for minor tranquilizers and amphetamines and amphetamine derivatives, as defined by rule of the authority.

(5) Intentionally left blank —Ed.

(a) Notwithstanding subsections (1) to (4) of this section and except as provided in paragraph (b) of this subsection, the authority is authorized to:

(A) Withhold payment for a legend drug when federal financial participation is not available; and

(B) Require prior authorization of payment for drugs that the authority has determined should be limited to those conditions generally recognized as appropriate by the medical profession.

(b) The authority may not require prior authorization for:

(A) Therapeutic classes of nonsedating antihistamines and nasal inhalers, as defined by rule by the authority, when prescribed by an allergist for treatment of any of the following conditions, as described by the Health Evidence Review Commission on the funded portion of its prioritized list of services:

(i) Asthma;

(ii) Sinusitis;

(iii) Rhinitis; or

(iv) Allergies.

(B) Any mental health drug prescribed for a medical assistance recipient if:

(i) The claims history available to the authority shows that the recipient has been in a course of treatment with the drug during the preceding 365-day period; or

(ii) The prescriber specifies on the prescription “dispense as written” or includes the notation “D.A.W.” or words of similar meaning.

(6) The authority shall pay a rural health clinic for a legend drug prescribed and dispensed under this chapter by a licensed practitioner at the rural health clinic for an urgent medical condition if:

(a) There is not a pharmacy within 15 miles of the clinic;

(b) The prescription is dispensed for a patient outside of the normal business hours of any pharmacy within 15 miles of the clinic; or

(c) No pharmacy within 15 miles of the clinic dispenses legend drugs under this chapter.

(7) Notwithstanding ORS 414.334 (Practitioner-Managed Prescription Drug Plan for medical assistance program) , the authority may conduct prospective drug utilization review in accordance with ORS 414.351 (Definitions for ORS 414.351 to 414.414) to 414.414 (Use and disclosure of confidential information) .

(8) Notwithstanding subsection (3) of this section, the authority may pay a pharmacy for a particular brand name drug rather than the generic version of the drug after notifying the pharmacy that the cost of the particular brand name drug, after receiving discounted prices and rebates, is equal to or less than the cost of the generic version of the drug.

(9) Intentionally left blank —Ed.

(a) Within 180 days after the United States patent expires on an immunosuppressant drug used in connection with an organ transplant, the authority shall determine whether the drug is a narrow therapeutic index drug.

(b) As used in this subsection, “narrow therapeutic index drug” means a drug that has a narrow range in blood concentrations between efficacy and toxicity and requires therapeutic drug concentration or pharmacodynamic monitoring.

Source: Section 414.325 — Prescription drugs; use of legend or generic drugs; prior authorization; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 421.510 — OR Code / Title 34 / Chapter 421 / Section 421.510
421.510 Eligibility for nonprison leave
Status: in_force

(1) The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751 (Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508) .

(2) Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders’ discharge to post-prison supervision.

(3) An offender may submit a nonprison leave plan to the Department of Corrections. The plan shall indicate that the offender has secured, or has a plan to secure, an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 90 days is an essential part of the offender’s successful reintegration into the community.

(4) Upon verification of the offender’s nonprison leave plan, the department may grant nonprison leave no more than 90 days prior to the offender’s date of release on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4).

(5) The department shall establish by rule a set of conditions for offenders released on nonprison leave. An offender on nonprison leave shall be subject to immediate return to prison for any violation of the conditions of nonprison leave.

(6) During the period of nonprison leave, the offender must reside in, and be supervised within, the state. [1997 c.63 §2; 2003 c.464 §5; 2008 c.35 §5; 2023 c.108 §6]

Note: See note under 421.500 (Findings) .

Source: Section 421.510 — Eligibility for nonprison leave; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 410.420 — OR Code / Title 34 / Chapter 410 / Section 410.420
410.420 Use of funds for specified services
Status: in_force

(1) Funds appropriated for Oregon Project Independence shall be expended for home care supportive services including in-home or community-based services that assist an individual in achieving the greatest degree of independent functioning in the individual’s home.

(2) Funds appropriated for Oregon Project Independence may be expended for the following services:

(a) Services to support community caregivers and strengthen the natural support system for seniors including, but not limited to:

(A) Information and assistance in accessing health and social services;

(B) Respite care;

(C) Training; and

(D) Counseling.

(b) Health promotion services including, but not limited to:

(A) Chronic disease management;

(B) Fall prevention activities;

(C) Nutrition counseling;

(D) Physical activities; and

(E) Medication management.

(c) Options counseling to provide individuals and their families with up-to-date, comprehensive, objective and easy to understand information about the full range of immediate and long range options that:

(A) Educates individuals and families about available community support options;

(B) Assesses the needs and resources of individuals and families;

(C) Assists individuals and families in developing and implementing informed and cost-effective decisions about long term support choices; and

(D) Provides intensive counseling for individuals at risk of unnecessary or premature nursing facility placement.

(d) Transportation options that allow individuals to live at home and access the full range of community resources. [1981 c.186 §2; 1983 c.740 §134; 2001 c.900 §83; 2011 c.201 §2]

Source: Section 410.420 — Use of funds for specified services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).
ORS § 409.027 — OR Code / Title 34 / Chapter 409 / Section 409.027
409.027 Abuse and neglect reports
Status: in_force

(1) The Department of Human Services may use abuse and neglect reports maintained by the department for the purpose of providing protective services or screening subject individuals.

(2) The department shall adopt rules to carry out the provisions of subsection (1) of this section.

(3) The rules adopted in subsection (2) of this section may include:

(a) Notice and opportunity for due process for a department employee found to be unfit; and

(b) Notice and opportunity for hearing in accordance with ORS chapter 183 for a subject individual described in ORS 409.025 (Definitions for 409.025 and 409.027) (3)(c).

(4) Reports maintained under this section are confidential and may not be disclosed for any purpose other than in accordance with this section or any other provision of law. [2007 c.444 §2]

Source: Section 409.027 — Abuse and neglect reports; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors409.­html (accessed May 26, 2025).
ORS § 417.855 — OR Code / Title 34 / Chapter 417 / Section 417.855
417.855 Local high-risk juvenile crime prevention plan
Status: in_force

(1) Intentionally left blank —Ed.

(a) The governing body of a county shall designate an agency or organization to serve as the lead planning organization to facilitate the creation of a partnership among state and local public and private entities in each county. The partnership shall include, but is not limited to, education representatives, public health representatives, local alcohol and drug planning committees, representatives of the court system, local mental health planning committees, city or municipal representatives and local public safety coordinating councils.

(b) The partnership described in paragraph (a) of this subsection shall develop a local high-risk juvenile crime prevention plan. The partnership shall submit the plan to the Youth Development Council, on a timeline established by the council, for review and approval in order for the county to receive an allocation described in subsection (3) of this section.

(c) The governing body of a county may decline to submit a local high-risk juvenile crime prevention plan in writing to the Youth Development Council. A governing body that declines to submit a plan to the Youth Development Council may choose to convene the partnership described in paragraph (a) of this subsection and develop and submit a local high-risk juvenile crime prevention plan in a subsequent biennium.

(2) The local high-risk juvenile crime prevention plans shall use services and activities to meet the needs of a targeted population of youths who:

(a) Have more than one of the following risk factors:

(A) Antisocial behavior;

(B) Poor family functioning or poor family support;

(C) Failure in school;

(D) Substance abuse problems; or

(E) Negative peer association; and

(b) Are clearly demonstrating at-risk behaviors that have come to the attention of government or community agencies, schools or law enforcement and will lead to imminent or increased involvement in the juvenile justice system.

(3) Intentionally left blank —Ed.

(a) The Youth Development Council shall allocate funds available to support the local high-risk juvenile crime prevention plans to counties based, in part, on the youth population age 18 or younger in those counties.

(b) The Youth Development Council shall award a minimum grant to small counties. The minimum grant level shall be determined by the council through a public process and reviewed by the council biennially.

(c) The Youth Development Council shall allocate funds to federally recognized Indian tribes to support tribal high-risk juvenile crime prevention plans. The amount of the allocation shall be determined by the council through a public process and reviewed by the council biennially. [1999 c.1053 §39; 2005 c.503 §10; 2012 c.37 §§55,96,110a; 2023 c.499 §4]

Source: Section 417.855 — Local high-risk juvenile crime prevention plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 421.155 — OR Code / Title 34 / Chapter 421 / Section 421.155
421.155 Dangerous offenders to be observed and treated
Status: in_force

Any person sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) , shall be given such physical, mental and psychiatric observation and treatment as is available and may tend to rehabilitate such person and make possible the earliest possible release from the Department of Corrections institution in which such person is confined, with the least possible danger to the health and safety of others. [Formerly 421.232; 1971 c.743 §364; 1987 c.320 §173]

Source: Section 421.155 — Dangerous offenders to be observed and treated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 414.025 — OR Code / Title 34 / Chapter 414 / Section 414.025
414.025 Definitions for ORS chapters 411, 413 and 414
Status: in_force

As used in this chapter and ORS chapters 411 and 413, unless the context or a specially applicable statutory definition requires otherwise:

(1) Intentionally left blank —Ed.

(a) “Alternative payment methodology” means a payment other than a fee-for-services payment, used by coordinated care organizations as compensation for the provision of integrated and coordinated health care and services.

(b) “Alternative payment methodology” includes, but is not limited to:

(A) Shared savings arrangements;

(B) Bundled payments; and

(C) Payments based on episodes.

(2) “Behavioral health assessment” means an evaluation by a behavioral health clinician, in person or using telemedicine, to determine a patient’s need for immediate crisis stabilization.

(3) “Behavioral health clinician” means:

(a) A licensed psychiatrist;

(b) A licensed psychologist;

(c) A licensed nurse practitioner with a specialty in psychiatric mental health;

(d) A licensed clinical social worker;

(e) A licensed professional counselor or licensed marriage and family therapist;

(f) A certified clinical social work associate;

(g) An intern or resident who is working under a board-approved supervisory contract in a clinical mental health field; or

(h) Any other clinician whose authorized scope of practice includes mental health diagnosis and treatment.

(4) “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate outpatient treatment in an emergency department or admission to a hospital to prevent a serious deterioration in the individual’s mental or physical health.

(5) “Behavioral health home” means a mental health disorder or substance use disorder treatment organization, as defined by the Oregon Health Authority by rule, that provides integrated health care to individuals whose primary diagnoses are mental health disorders or substance use disorders.

(6) “Category of aid” means assistance provided by the Oregon Supplemental Income Program, aid granted under ORS 411.877 (Definitions for program) to 411.896 (Annual report on program) and 412.001 (Definitions) to 412.069 (Appeal from denial of or failure to act on application or from modification or cancellation of aid) or federal Supplemental Security Income payments.

(7) “Community health worker” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who:

(a) Has expertise or experience in public health;

(b) Works in an urban or rural community, either for pay or as a volunteer in association with a local health care system;

(c) To the extent practicable, shares ethnicity, language, socioeconomic status and life experiences with the residents of the community the worker serves;

(d) Assists members of the community to improve their health and increases the capacity of the community to meet the health care needs of its residents and achieve wellness;

(e) Provides health education and information that is culturally appropriate to the individuals being served;

(f) Assists community residents in receiving the care they need;

(g) May give peer counseling and guidance on health behaviors; and

(h) May provide direct services such as first aid or blood pressure screening.

(8) “Coordinated care organization” means an organization meeting criteria adopted by the Oregon Health Authority under ORS 414.572 (Coordinated care organizations) .

(9) “Dually eligible for Medicare and Medicaid” means, with respect to eligibility for enrollment in a coordinated care organization, that an individual is eligible for health services funded by Title XIX of the Social Security Act and is:

(a) Eligible for or enrolled in Part A of Title XVIII of the Social Security Act; or

(b) Enrolled in Part B of Title XVIII of the Social Security Act.

(10) Intentionally left blank —Ed.

(a) “Family support specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provides supportive services to and has experience parenting a child who:

(A) Is a current or former consumer of mental health or addiction treatment; or

(B) Is facing or has faced difficulties in accessing education, health and wellness services due to a mental health or behavioral health barrier.

(b) A “family support specialist” may be a peer wellness specialist or a peer support specialist.

(11) “Global budget” means a total amount established prospectively by the Oregon Health Authority to be paid to a coordinated care organization for the delivery of, management of, access to and quality of the health care delivered to members of the coordinated care organization.

(12) “Health insurance exchange” or “exchange” means an American Health Benefit Exchange described in 42 U.S.C. 18031, 18032, 18033 and 18041.

(13) “Health services” means at least so much of each of the following as are funded by the Legislative Assembly based upon the prioritized list of health services compiled by the Health Evidence Review Commission under ORS 414.690 (Prioritized list of health services) :

(a) Services required by federal law to be included in the state’s medical assistance program in order for the program to qualify for federal funds;

(b) Services provided by a physician as defined in ORS 677.010 (Definitions for chapter) , a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) , a behavioral health clinician or other licensed practitioner within the scope of the practitioner’s practice as defined by state law, and ambulance services;

(c) Prescription drugs;

(d) Laboratory and X-ray services;

(e) Medical equipment and supplies;

(f) Mental health services;

(g) Chemical dependency services;

(h) Emergency dental services;

(i) Nonemergency dental services;

(j) Provider services, other than services described in paragraphs (a) to (i), (k), (L) and (m) of this subsection, defined by federal law that may be included in the state’s medical assistance program;

(k) Emergency hospital services;

(L) Outpatient hospital services; and

(m) Inpatient hospital services.

(14) “Income” has the meaning given that term in ORS 411.704 (Definitions for ORS 411.141, 411.706 and 411.708) .

(15) Intentionally left blank —Ed.

(a) “Integrated health care” means care provided to individuals and their families in a patient centered primary care home or behavioral health home by licensed primary care clinicians, behavioral health clinicians and other care team members, working together to address one or more of the following:

(A) Mental illness.

(B) Substance use disorders.

(C) Health behaviors that contribute to chronic illness.

(D) Life stressors and crises.

(E) Developmental risks and conditions.

(F) Stress-related physical symptoms.

(G) Preventive care.

(H) Ineffective patterns of health care utilization.

(b) As used in this subsection, “other care team members” includes but is not limited to:

(A) Qualified mental health professionals or qualified mental health associates meeting requirements adopted by the Oregon Health Authority by rule;

(B) Peer wellness specialists;

(C) Peer support specialists;

(D) Community health workers who have completed a state-certified training program;

(E) Personal health navigators; or

(F) Other qualified individuals approved by the Oregon Health Authority.

(16) “Investments and savings” means cash, securities as defined in ORS 59.015 (Definitions for Oregon Securities Law) , negotiable instruments as defined in ORS 73.0104 (Negotiable instrument) and such similar investments or savings as the department or the authority may establish by rule that are available to the applicant or recipient to contribute toward meeting the needs of the applicant or recipient.

(17) “Medical assistance” means so much of the medical, mental health, preventive, supportive, palliative and remedial care and services as may be prescribed by the authority according to the standards established pursuant to ORS 414.065 (Determination of health care and services covered) , including premium assistance under ORS 414.115 (Medical assistance by insurance or service contracts) and 414.117 (Premium assistance for health insurance coverage) , payments made for services provided under an insurance or other contractual arrangement and money paid directly to the recipient for the purchase of health services and for services described in ORS 414.710 (Services not subject to prioritized list) .

(18) “Medical assistance” includes any care or services for any individual who is a patient in a medical institution or any care or services for any individual who has attained 65 years of age or is under 22 years of age, and who is a patient in a private or public institution for mental diseases. Except as provided in ORS 411.439 (Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital) and 411.447 (Suspension of medical assistance provided to inmates) , “medical assistance” does not include care or services for a resident of a nonmedical public institution.

(19) “Patient centered primary care home” means a health care team or clinic that is organized in accordance with the standards established by the Oregon Health Authority under ORS 414.655 (Utilization of patient centered primary care homes and behavioral health homes by coordinated care organizations) and that incorporates the following core attributes:

(a) Access to care;

(b) Accountability to consumers and to the community;

(c) Comprehensive whole person care;

(d) Continuity of care;

(e) Coordination and integration of care; and

(f) Person and family centered care.

(20) “Peer support specialist” means any of the following individuals who meet qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provide supportive services to a current or former consumer of mental health or addiction treatment:

(a) An individual who is a current or former consumer of mental health treatment; or

(b) An individual who is in recovery, as defined by the Oregon Health Authority by rule, from an addiction disorder.

(21) “Peer wellness specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who is responsible for assessing mental health and substance use disorder service and support needs of a member of a coordinated care organization through community outreach, assisting members with access to available services and resources, addressing barriers to services and providing education and information about available resources for individuals with mental health or substance use disorders in order to reduce stigma and discrimination toward consumers of mental health and substance use disorder services and to assist the member in creating and maintaining recovery, health and wellness.

(22) “Person centered care” means care that:

(a) Reflects the individual patient’s strengths and preferences;

(b) Reflects the clinical needs of the patient as identified through an individualized assessment; and

(c) Is based upon the patient’s goals and will assist the patient in achieving the goals.

(23) “Personal health navigator” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provides information, assistance, tools and support to enable a patient to make the best health care decisions in the patient’s particular circumstances and in light of the patient’s needs, lifestyle, combination of conditions and desired outcomes.

(24) “Prepaid managed care health services organization” means a managed dental care, mental health or chemical dependency organization that contracts with the authority under ORS 414.654 (Persons served by prepaid managed care health services organizations) or with a coordinated care organization on a prepaid capitated basis to provide health services to medical assistance recipients.

(25) “Quality measure” means the health outcome and quality measures and benchmarks identified by the Health Plan Quality Metrics Committee and the metrics and scoring subcommittee in accordance with ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee) (4) and 413.022 (Metrics and scoring subcommittee) and the quality metrics developed by the Behavioral Health Committee in accordance with ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee) (5).

(26) “Resources” has the meaning given that term in ORS 411.704 (Definitions for ORS 411.141, 411.706 and 411.708) . For eligibility purposes, “resources” does not include charitable contributions raised by a community to assist with medical expenses.

(27) “Social determinants of health” means:

(a) Nonmedical factors that influence health outcomes;

(b) The conditions in which individuals are born, grow, work, live and age; and

(c) The forces and systems that shape the conditions of daily life, such as economic policies and systems, development agendas, social norms, social policies, racism, climate change and political systems.

(28) “Tribal traditional health worker” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who:

(a) Has expertise or experience in public health;

(b) Works in a tribal community or an urban Indian community, either for pay or as a volunteer in association with a local health care system;

(c) To the extent practicable, shares ethnicity, language, socioeconomic status and life experiences with the residents of the community the worker serves;

(d) Assists members of the community to improve their health, including physical, behavioral and oral health, and increases the capacity of the community to meet the health care needs of its residents and achieve wellness;

(e) Provides health education and information that is culturally appropriate to the individuals being served;

(f) Assists community residents in receiving the care they need;

(g) May give peer counseling and guidance on health behaviors; and

(h) May provide direct services, such as tribal-based practices.

(29) Intentionally left blank —Ed.

(a) “Youth support specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who, based on a similar life experience, provides supportive services to an individual who:

(A) Is not older than 30 years of age; and

(B) Intentionally left blank —Ed.

(i) Is a current or former consumer of mental health or addiction treatment; or

(ii) Is facing or has faced difficulties in accessing education, health and wellness services due to a mental health or behavioral health barrier.

(b) A “youth support specialist” may be a peer wellness specialist or a peer support specialist. [1965 c.556 §2; 1967 c.502 §3; 1969 c.507 §1; 1971 c.488 §1; 1973 c.651 §10; 1974 c.16 §1; 1977 c.114 §1; 1981 c.825 §3; 1983 c.415 §3; 1985 c.747 §9; 1987 c.872 §1; 1989 c.697 §2; 1989 c.836 §19; 1991 c.66 §6; 1995 c.343 §42; 1995 c.807 §1; 1997 c.581 §22; 1999 c.59 §107; 1999 c.350 §1; 1999 c.515 §1; 2003 c.14 §188; 2005 c.381 §13; 2007 c.70 §190; 2007 c.486 §11; 2007 c.861 §18,18a; 2009 c.595 §264; 2009 c.867 §36; 2010 c.73 §1; 2011 c.69 §7; 2011 c.602 §§20,69; 2011 c.700 §5; 2013 c.688 §68; 2015 c.3 §45; 2015 c.389 §9; 2015 c.765 §25; 2015 c.792 §5; 2015 c.798 §3; 2015 c.836 §3; 2017 c.273 §3; 2017 c.618 §§2,3; 2019 c.358 §6; 2021 c.514 §2; 2021 c.569 §12; 2021 c.667 §20; 2023 c.584 §11]

Note: The amendments to 414.025 (Definitions for ORS chapters 411, 413 and 414) by section 2, chapter 628, Oregon Laws 2021, become operative January 2, 2026. See section 5, chapter 628, Oregon Laws 2021. The text that is operative on and after January 2, 2026, including amendments by section 12, chapter 584, Oregon Laws 2023, is set forth for the user’s convenience.

414.025 (Definitions for ORS chapters 411, 413 and 414) . As used in this chapter and ORS chapters 411 and 413, unless the context or a specially applicable statutory definition requires otherwise:

(1) Intentionally left blank —Ed.

(a) “Alternative payment methodology” means a payment other than a fee-for-services payment, used by coordinated care organizations as compensation for the provision of integrated and coordinated health care and services.

(b) “Alternative payment methodology” includes, but is not limited to:

(A) Shared savings arrangements;

(B) Bundled payments; and

(C) Payments based on episodes.

(2) “Behavioral health assessment” means an evaluation by a behavioral health clinician, in person or using telemedicine, to determine a patient’s need for immediate crisis stabilization.

(3) “Behavioral health clinician” means:

(a) A licensed psychiatrist;

(b) A licensed psychologist;

(c) A licensed nurse practitioner with a specialty in psychiatric mental health;

(d) A licensed clinical social worker;

(e) A licensed professional counselor or licensed marriage and family therapist;

(f) A certified clinical social work associate;

(g) An intern or resident who is working under a board-approved supervisory contract in a clinical mental health field; or

(h) Any other clinician whose authorized scope of practice includes mental health diagnosis and treatment.

(4) “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate outpatient treatment in an emergency department or admission to a hospital to prevent a serious deterioration in the individual’s mental or physical health.

(5) “Behavioral health home” means a mental health disorder or substance use disorder treatment organization, as defined by the Oregon Health Authority by rule, that provides integrated health care to individuals whose primary diagnoses are mental health disorders or substance use disorders.

(6) “Category of aid” means assistance provided by the Oregon Supplemental Income Program, aid granted under ORS 411.877 (Definitions for program) to 411.896 (Annual report on program) and 412.001 (Definitions) to 412.069 (Appeal from denial of or failure to act on application or from modification or cancellation of aid) or federal Supplemental Security Income payments.

(7) “Community health worker” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who:

(a) Has expertise or experience in public health;

(b) Works in an urban or rural community, either for pay or as a volunteer in association with a local health care system;

(c) To the extent practicable, shares ethnicity, language, socioeconomic status and life experiences with the residents of the community the worker serves;

(d) Assists members of the community to improve their health and increases the capacity of the community to meet the health care needs of its residents and achieve wellness;

(e) Provides health education and information that is culturally appropriate to the individuals being served;

(f) Assists community residents in receiving the care they need;

(g) May give peer counseling and guidance on health behaviors; and

(h) May provide direct services such as first aid or blood pressure screening.

(8) “Coordinated care organization” means an organization meeting criteria adopted by the Oregon Health Authority under ORS 414.572 (Coordinated care organizations) .

(9) “Dually eligible for Medicare and Medicaid” means, with respect to eligibility for enrollment in a coordinated care organization, that an individual is eligible for health services funded by Title XIX of the Social Security Act and is:

(a) Eligible for or enrolled in Part A of Title XVIII of the Social Security Act; or

(b) Enrolled in Part B of Title XVIII of the Social Security Act.

(10) Intentionally left blank —Ed.

(a) “Family support specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provides supportive services to and has experience parenting a child who:

(A) Is a current or former consumer of mental health or addiction treatment; or

(B) Is facing or has faced difficulties in accessing education, health and wellness services due to a mental health or behavioral health barrier.

(b) A “family support specialist” may be a peer wellness specialist or a peer support specialist.

(11) “Global budget” means a total amount established prospectively by the Oregon Health Authority to be paid to a coordinated care organization for the delivery of, management of, access to and quality of the health care delivered to members of the coordinated care organization.

(12) “Health insurance exchange” or “exchange” means an American Health Benefit Exchange described in 42 U.S.C. 18031, 18032, 18033 and 18041.

(13) “Health services” means at least so much of each of the following as are funded by the Legislative Assembly based upon the prioritized list of health services compiled by the Health Evidence Review Commission under ORS 414.690 (Prioritized list of health services) :

(a) Services required by federal law to be included in the state’s medical assistance program in order for the program to qualify for federal funds;

(b) Services provided by a physician as defined in ORS 677.010 (Definitions for chapter) , a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) , a behavioral health clinician or other licensed practitioner within the scope of the practitioner’s practice as defined by state law, and ambulance services;

(c) Prescription drugs;

(d) Laboratory and X-ray services;

(e) Medical equipment and supplies;

(f) Mental health services;

(g) Chemical dependency services;

(h) Emergency dental services;

(i) Nonemergency dental services;

(j) Provider services, other than services described in paragraphs (a) to (i), (k), (L) and (m) of this subsection, defined by federal law that may be included in the state’s medical assistance program;

(k) Emergency hospital services;

(L) Outpatient hospital services; and

(m) Inpatient hospital services.

(14) “Income” has the meaning given that term in ORS 411.704 (Definitions for ORS 411.141, 411.706 and 411.708) .

(15) Intentionally left blank —Ed.

(a) “Integrated health care” means care provided to individuals and their families in a patient centered primary care home or behavioral health home by licensed primary care clinicians, behavioral health clinicians and other care team members, working together to address one or more of the following:

(A) Mental illness.

(B) Substance use disorders.

(C) Health behaviors that contribute to chronic illness.

(D) Life stressors and crises.

(E) Developmental risks and conditions.

(F) Stress-related physical symptoms.

(G) Preventive care.

(H) Ineffective patterns of health care utilization.

(b) As used in this subsection, “other care team members” includes but is not limited to:

(A) Qualified mental health professionals or qualified mental health associates meeting requirements adopted by the Oregon Health Authority by rule;

(B) Peer wellness specialists;

(C) Peer support specialists;

(D) Community health workers who have completed a state-certified training program;

(E) Personal health navigators; or

(F) Other qualified individuals approved by the Oregon Health Authority.

(16) “Investments and savings” means cash, securities as defined in ORS 59.015 (Definitions for Oregon Securities Law) , negotiable instruments as defined in ORS 73.0104 (Negotiable instrument) and such similar investments or savings as the department or the authority may establish by rule that are available to the applicant or recipient to contribute toward meeting the needs of the applicant or recipient.

(17) “Medical assistance” means so much of the medical, mental health, preventive, supportive, palliative and remedial care and services as may be prescribed by the authority according to the standards established pursuant to ORS 414.065 (Determination of health care and services covered) , including premium assistance under ORS 414.115 (Medical assistance by insurance or service contracts) and 414.117 (Premium assistance for health insurance coverage) , payments made for services provided under an insurance or other contractual arrangement and money paid directly to the recipient for the purchase of health services and for services described in ORS 414.710 (Services not subject to prioritized list) .

(18) “Medical assistance” includes any care or services for any individual who is a patient in a medical institution or any care or services for any individual who has attained 65 years of age or is under 22 years of age, and who is a patient in a private or public institution for mental diseases. Except as provided in ORS 411.439 (Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital) and 411.447 (Suspension of medical assistance provided to inmates) , “medical assistance” does not include care or services for a resident of a nonmedical public institution.

(19) “Mental health drug” means a type of legend drug, as defined in ORS 414.325 (Prescription drugs) , specified by the Oregon Health Authority by rule, including but not limited to:

(a) Therapeutic class 7 ataractics-tranquilizers; and

(b) Therapeutic class 11 psychostimulants-antidepressants.

(20) “Patient centered primary care home” means a health care team or clinic that is organized in accordance with the standards established by the Oregon Health Authority under ORS 414.655 (Utilization of patient centered primary care homes and behavioral health homes by coordinated care organizations) and that incorporates the following core attributes:

(a) Access to care;

(b) Accountability to consumers and to the community;

(c) Comprehensive whole person care;

(d) Continuity of care;

(e) Coordination and integration of care; and

(f) Person and family centered care.

(21) “Peer support specialist” means any of the following individuals who meet qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provide supportive services to a current or former consumer of mental health or addiction treatment:

(a) An individual who is a current or former consumer of mental health treatment; or

(b) An individual who is in recovery, as defined by the Oregon Health Authority by rule, from an addiction disorder.

(22) “Peer wellness specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who is responsible for assessing mental health and substance use disorder service and support needs of a member of a coordinated care organization through community outreach, assisting members with access to available services and resources, addressing barriers to services and providing education and information about available resources for individuals with mental health or substance use disorders in order to reduce stigma and discrimination toward consumers of mental health and substance use disorder services and to assist the member in creating and maintaining recovery, health and wellness.

(23) “Person centered care” means care that:

(a) Reflects the individual patient’s strengths and preferences;

(b) Reflects the clinical needs of the patient as identified through an individualized assessment; and

(c) Is based upon the patient’s goals and will assist the patient in achieving the goals.

(24) “Personal health navigator” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who provides information, assistance, tools and support to enable a patient to make the best health care decisions in the patient’s particular circumstances and in light of the patient’s needs, lifestyle, combination of conditions and desired outcomes.

(25) “Prepaid managed care health services organization” means a managed dental care, mental health or chemical dependency organization that contracts with the authority under ORS 414.654 (Persons served by prepaid managed care health services organizations) or with a coordinated care organization on a prepaid capitated basis to provide health services to medical assistance recipients.

(26) “Quality measure” means the health outcome and quality measures and benchmarks identified by the Health Plan Quality Metrics Committee and the metrics and scoring subcommittee in accordance with ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee) (4) and 413.022 (Metrics and scoring subcommittee) and the quality metrics developed by the Behavioral Health Committee in accordance with ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee) (5).

(27) “Resources” has the meaning given that term in ORS 411.704 (Definitions for ORS 411.141, 411.706 and 411.708) . For eligibility purposes, “resources” does not include charitable contributions raised by a community to assist with medical expenses.

(28) “Social determinants of health” means:

(a) Nonmedical factors that influence health outcomes;

(b) The conditions in which individuals are born, grow, work, live and age; and

(c) The forces and systems that shape the conditions of daily life, such as economic policies and systems, development agendas, social norms, social policies, racism, climate change and political systems.

(29) “Tribal traditional health worker” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who:

(a) Has expertise or experience in public health;

(b) Works in a tribal community or an urban Indian community, either for pay or as a volunteer in association with a local health care system;

(c) To the extent practicable, shares ethnicity, language, socioeconomic status and life experiences with the residents of the community the worker serves;

(d) Assists members of the community to improve their health, including physical, behavioral and oral health, and increases the capacity of the community to meet the health care needs of its residents and achieve wellness;

(e) Provides health education and information that is culturally appropriate to the individuals being served;

(f) Assists community residents in receiving the care they need;

(g) May give peer counseling and guidance on health behaviors; and

(h) May provide direct services, such as tribal-based practices.

(30) Intentionally left blank —Ed.

(a) “Youth support specialist” means an individual who meets qualification criteria adopted by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations) and who, based on a similar life experience, provides supportive services to an individual who:

(A) Is not older than 30 years of age; and

(B) Intentionally left blank —Ed.

(i) Is a current or former consumer of mental health or addiction treatment; or

(ii) Is facing or has faced difficulties in accessing education, health and wellness services due to a mental health or behavioral health barrier.

(b) A “youth support specialist” may be a peer wellness specialist or a peer support specialist.

Source: Section 414.025 — Definitions for ORS chapters 411, 413 and 414 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 414.598 — OR Code / Title 34 / Chapter 414 / Section 414.598
414.598 Alternative payment methodologies
Status: in_force

(1) The Oregon Health Authority shall encourage coordinated care organizations to use alternative payment methodologies that:

(a) Reimburse providers on the basis of health outcomes and quality measures instead of the volume of care;

(b) Hold organizations and providers responsible for the efficient delivery of quality care;

(c) Reward good performance;

(d) Limit increases in medical costs; and

(e) Use payment structures that create incentives to:

(A) Promote prevention;

(B) Provide person centered care; and

(C) Reward comprehensive care coordination using delivery models such as patient centered primary care homes and behavioral health homes.

(2) The authority shall encourage coordinated care organizations to utilize alternative payment methodologies that move from a predominantly fee-for-service system to payment methods that base reimbursement on the quality rather than the quantity of services provided.

(3) A coordinated care organization that participates in a national primary care medical home payment model, conducted by the Center for Medicare and Medicaid Innovation in accordance with 42 U.S.C. 1315a, that includes performance-based incentive payments for primary care, shall offer similar alternative payment methodologies to all patient centered primary care homes identified in accordance with ORS 413.259 (Patient centered primary care home program and behavioral health home program) that serve members of the coordinated care organization.

(4) The authority shall assist and support coordinated care organizations in identifying cost-cutting measures.

(5) If a service provided in a health care facility is not covered by Medicare because the service is related to a health care acquired condition, the cost of the service may not be:

(a) Charged by a health care facility or any health services provider employed by or with privileges at the facility, to a coordinated care organization, a patient or a third-party payer; or

(b) Reimbursed by a coordinated care organization.

(6) Intentionally left blank —Ed.

(a) Notwithstanding subsections (1) and (2) of this section, until July 1, 2014, a coordinated care organization that contracts with a Type A or Type B hospital or a rural critical access hospital, as described in ORS 442.470 (Definitions for ORS 442.470 to 442.507) , shall reimburse the hospital fully for the cost of covered services based on the cost-to-charge ratio used for each hospital in setting the global payments to the coordinated care organization for the contract period.

(b) The authority shall base the global payments to coordinated care organizations that contract with rural hospitals described in this section on the most recent audited Medicare cost report for Oregon hospitals adjusted to reflect the Medicaid mix of services.

(c) The authority shall identify any rural hospital that would not be expected to remain financially viable if paid in a manner other than as prescribed in paragraphs (a) and (b) of this subsection based upon an evaluation by an actuary retained by the authority. On and after July 1, 2014, the authority may, on a case-by-case basis, require a coordinated care organization to continue to reimburse a rural hospital determined to be at financial risk, in the manner prescribed in paragraphs (a) and (b) of this subsection.

(d) This subsection does not prohibit a coordinated care organization and a hospital from mutually agreeing to reimbursement other than the reimbursement specified in paragraph (a) of this subsection.

(e) Hospitals reimbursed under paragraphs (a) and (b) of this subsection are not entitled to any additional reimbursement for services provided.

(7) Notwithstanding subsections (1) and (2) of this section, coordinated care organizations must comply with federal requirements for payments to providers of Indian health services, including but not limited to the requirements of 42 U.S.C. 1396j and 42 U.S.C. 1396u-2(a)(2)(C). [Formerly 414.653]

Source: Section 414.598 — Alternative payment methodologies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 411.910 — OR Code / Title 34 / Chapter 411 / Section 411.910
411.910 Contracts with public and private agencies to carry out programs
Status: in_force

(1) In carrying out the duties described in ORS 411.905 (Programs for displaced homemakers) , the Director of Human Services may enter into contracts with and make grants to public and private agencies for the purpose of establishing and operating multipurpose service programs.

(2) In entering into contracts and making grants for the purpose of establishing and operating multipurpose service programs the director shall establish priorities among qualified public and private agencies on the basis of financial need, geographic distribution, community support and volunteer participation. [1977 c.150 §3; 1979 c.572 §3]

Note: See note under 411.900 (Definitions for ORS 411.900 to 411.910) .

Source: Section 411.910 — Contracts with public and private agencies to carry out programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html (accessed May 26, 2025).
ORS § 418.585 — OR Code / Title 34 / Chapter 418 / Section 418.585
418.585 Strengthening, Preserving and Reunifying Families Program Fund
Status: in_force

(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 (Waiver of federal requirements) ;

(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 (Definitions for ORS 418.575 to 418.598) to 418.598 (Rules) .

(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 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) .

(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 (Definitions for ORS 418.575 to 418.598) to 418.598 (Rules) . [2011 c.568 §5]

Source: Section 418.585 — Strengthening, Preserving and Reunifying Families Program Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 419a.265 — OR Code / Title 34 / Chapter 419a / Section 419a.265
419A.265 Eligibility for order of expunction for certain adjudications involving marijuana
Status: in_force

Notwithstanding ORS 419A.262 (Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes) (2)(a), a person is eligible for an order of expunction under ORS 419A.262 (Application for expunction of records relating to certain misdemeanors, prostitution and certain sex crimes) if the person was adjudicated for committing an act that, if committed by an adult, would constitute a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) is an element and:

(1) The court finds that at least one year has elapsed since the date of the person’s most recent termination;

(2) The applicant has not been adjudicated or convicted for any other act or offense, excluding motor vehicle violations; and

(3) The applicant has complied with and performed all conditions of the adjudication. [2015 c.844 §2; 2017 c.21 §104; 2021 c.585 §8; 2023 c.182 §5]

Note: 419A.265 (Eligibility for order of expunction for certain adjudications involving marijuana) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 419A.265 — Eligibility for order of expunction for certain adjudications involving marijuana , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).
ORS § 423.430 — OR Code / Title 34 / Chapter 423 / Section 423.430
423.430 Investigative priority
Status: in_force

The Corrections Ombudsman shall:

(1) Give priority to investigating administrative actions that are not otherwise reviewable by either administrative or judicial action;

(2) Treat confidentially all matters and the identities of the complainants or witnesses coming before the ombudsman; and

(3) Not levy any fees for the submission or investigation of complaints. [1977 c.378 §7]

Source: Section 423.430 — Investigative priority; confidentiality of matters; charging fees prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 421.074 — OR Code / Title 34 / Chapter 421 / Section 421.074
421.074 Online access to educational and development programs
Status: in_force

(1) No later than September 1, 2023, the Department of Corrections shall ensure that adults in custody in the Coffee Creek Correctional Facility and the Snake River Correctional Institution have online access to:

(a) The adult basic skills development program described in ORS 421.084 (Adult basic skills development program) ;

(b) The professional and technical program described in ORS 421.081 (Correctional education system) ; and

(c) Education programs that provide college credit, a college degree, a college certification, an industry-recognized certification or license or an apprenticeship.

(2) Nothing in this section establishes a legally enforceable right to online access to the programs described in this section for adults in custody.

(3) The department shall adopt any rules necessary for establishing program eligibility and participation criteria for online access for adults in custody. [2022 c.81 §17]

Note: 421.074 (Online access to educational and development programs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 421.074 — Online access to educational and development programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 415.015 — OR Code / Title 34 / Chapter 415 / Section 415.015
415.015 Prohibited conflicts of interest of officer or employee of Oregon Health Authority with responsibility for enforcement
Status: in_force

(1) An officer or employee of the Oregon Health Authority who is delegated responsibilities in the enforcement of ORS 415.012 (Definitions for ORS 415.012 to 415.430) to 415.430 (Liability of member of CCO to pay provider for cost of care) or rules adopted pursuant to ORS 415.011 (Oregon Health Authority regulation of financial solvency of CCOs to align with regulation of domestic insurers) may not:

(a) Be a director, officer or employee of or be financially interested in any coordinated care organization, except as a member of a coordinated care organization or by reason of rights vested in compensation or benefits related to services performed prior to affiliation with the authority; or

(b) Be engaged in any other business or occupation interfering with or inconsistent with the duties of the authority.

(2) This section does not permit any conduct, affiliation or interest that is otherwise prohibited by public policy. [2019 c.478 §2]

Source: Section 415.015 — Prohibited conflicts of interest of officer or employee of Oregon Health Authority with responsibility for enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html (accessed May 26, 2025).
ORS § 419b.815 — OR Code / Title 34 / Chapter 419b / Section 419b.815
419B.815 Summons for proceeding to establish jurisdiction under ORS 419B.100
Status: in_force

(1) A court may make an order establishing jurisdiction under ORS 419B.100 (Jurisdiction) only after service of summons and a true copy of the petition as provided in ORS 419B.812 (Issuance of summons) , 419B.823 (Service of summons generally) , 419B.824 (Methods of serving summons) , 419B.827 (Responsibility for costs of service of summons and travel expenses of party summoned) , 419B.830 (Return of summons) , 419B.833 (Proof of service of summons or mailing) and 419B.839 (Required and discretionary summons) .

(2) A summons under this section must require one of the following:

(a) That the person appear personally before the court at the time and place specified in the summons for a hearing on the allegations of the petition;

(b) That the person appear personally before the court at the time and place specified in the summons to admit or deny the allegations of the petition; or

(c) That the person file a written answer to the petition within 30 days from the date on which the person is served with the summons.

(3) If the court does not direct the type of response to be required by the summons under subsection (2) of this section, the summons shall require the person being summoned to respond in the manner authorized by subsection (2)(c) of this section.

(4) A summons under this section must contain:

(a) A statement that the petition seeks to establish jurisdiction under ORS 419B.100 (Jurisdiction) and that, if the person fails to appear at the time and place specified in the summons or an order under ORS 419B.816 (Notice to person contesting petition to establish jurisdiction) or, if the summons requires the filing of a written answer, fails to file the answer within the time provided, the court may establish jurisdiction without further notice either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.

(b) A notice that the person has the right to be represented by an attorney. The notice must be in substantially the following form:

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you are the child or the parent or legal guardian of the child and you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately. Phone ________ for further information.

(c) A statement that, if the person is represented by an attorney, the person has the responsibility to maintain contact with the person’s attorney and to keep the attorney advised of the person’s whereabouts.

(d) A statement that, if the person is represented by an attorney, the person must appear personally at any hearing where the person is required to appear, unless the person is the child at issue in the proceeding who must be served with summons in accordance with ORS 419B.839 (Required and discretionary summons) (1)(f). The statement must explain that to “appear personally” does not include appearance through the person’s attorney.

(e) A statement that, if the court has granted the person an exception in advance under ORS 419B.918 (Manner of appearance) , the person may appear in any manner permitted by the court under ORS 419B.918 (Manner of appearance) .

(f) A statement that no later than 30 days after the petition is filed each party about whom allegations have been made must admit or deny the allegations and that, unless the court specifies otherwise, the admission or denial may be made orally at the hearing or filed with the court in writing.

(g) A statement that if the petition alleges that the child has been physically or sexually abused, the court, at the hearing, may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides.

(h) A statement that the parent or other person legally obligated to support the child may be required to pay at some future date for all or a portion of the support of the child, including the cost of out-of-home placement, depending upon the ability of the parent or other person to pay support.

(5) If the summons requires the person to appear before the court to admit or deny the allegations of the petition or requires the person to file a written answer to the petition, the summons must advise the person that, if the person contests the petition, the court:

(a) Will schedule a hearing on the allegations of the petition and order the person to appear personally; and

(b) May schedule other hearings related to the petition and order the person to appear personally.

(6) At a hearing, when the person is required to appear personally, or in the person’s written answer to the petition, the person shall inform the court and the petitioner of the person’s current residence address, mailing address and telephone number.

(7) If a person fails to appear for any hearing related to the petition, or fails to file a written answer, as directed by summons or court order under this section or ORS 419B.816 (Notice to person contesting petition to establish jurisdiction) , the court may establish jurisdiction without further notice, either on the date specified in the summons or order or on a future date, and may take any other action that is authorized by law including, but not limited to, making the child a ward of the court and removing the child from the legal and physical custody of the parent or other person having legal or physical custody of the child.

(8) If the summons requires the person to appear personally before the court, or if a court orders the person to appear personally at a hearing in the manner provided in ORS 419B.816 (Notice to person contesting petition to establish jurisdiction) , the person may not appear through the person’s attorney, unless the person is the child at issue in the proceeding who has been served with summons in accordance with ORS 419B.839 (Required and discretionary summons) (1)(f). [2001 c.622 §6; 2001 c.962 §54; 2003 c.205 §§10,11; 2007 c.497 §3]

Source: Section 419B.815 — Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 412.124 — OR Code / Title 34 / Chapter 412 / Section 412.124
412.124 Post-TANF aid to employed families
Status: in_force

(1) As used in this section, “aid” means:

(a) Cash payments to a family; and

(b) Support service payments and services through the job opportunity and basic skills program necessary to maintain employment to assist the family, directly or indirectly, in achieving long term stability.

(2) The Department of Human Services may provide aid for up to 12 months to a family if:

(a) The family is residing in this state;

(b) The family becomes ineligible for aid under the temporary assistance for needy families program due to employment or increased hours of work; and

(c) The caretaker relative is employed.

(3) The department shall adopt by rule standards for the aid provided under this section. The department may disregard the aid in determining eligibility for publicly subsidized child care assistance. [Formerly 418.155; 2015 c.765 §§6,7; 2019 c.602 §6]

Source: Section 412.124 — Post-TANF aid to employed families; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html (accessed May 26, 2025).
ORS § 421.245 — OR Code / Title 34 / Chapter 421 / Section 421.245
421.245 Interstate Corrections Compact
Status: in_force

The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

As used in this compact, unless the context clearly requires otherwise:

(1) “State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.

(2) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(3) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(4) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(5) “Institution” means any penal or correctional facility, including but not limited to a facility for persons with mental illness or intellectual disabilities, in which inmates as defined in subsection (4) of this Article may lawfully be confined.

(1) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(a) Its duration.

(b) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

(c) Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.

(d) Delivery and retaking of inmates.

(e) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(2) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

(1) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(2) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(4) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(5) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(7) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION

(1) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(2) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained in this compact shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[1979 c.486 §1; 2013 c.360 §64]

Note: 421.245 (Interstate Corrections Compact) to 421.254 (Priority of corrections compacts) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 421.245 — Interstate Corrections Compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 414.704 — OR Code / Title 34 / Chapter 414 / Section 414.704
414.704 Advisory committee
Status: in_force

The Health Evidence Review Commission shall consult with an advisory committee in determining priorities for mental health care and chemical dependency. The advisory committee shall include mental health and chemical dependency professionals who provide inpatient and outpatient mental health and chemical dependency care. [Formerly 414.730]

Source: Section 414.704 — Advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 412.059 — OR Code / Title 34 / Chapter 412 / Section 412.059
412.059 Investigation of eligibility of child
Status: in_force

Whenever the Department of Human Services receives a notification of the dependency of a child or an application for aid, a record shall promptly be made of the circumstances, relating the facts supporting the application and such other information as may be required by the rules and regulations of the department. [Formerly 418.115]

Source: Section 412.059 — Investigation of eligibility of child; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html (accessed May 26, 2025).
ORS § 419c.653 — OR Code / Title 34 / Chapter 419c / Section 419c.653
419C.653 Notice
Status: in_force

(1) The court may order that the adjudicated youth or any other person be present during a hearing under ORS 419C.626 (Review hearing by court) .

(2) The court shall notify the parties listed in ORS 419C.626 (Review hearing by court) and any other interested parties of the hearing. The notice shall state the time and place of the hearing. Upon request of the court, the Oregon Youth Authority or other legal custodian of the adjudicated youth shall provide the court with information concerning the whereabouts and identity of such parties. If the victim requests notice, the district attorney or juvenile department shall notify the victim of the time and place of the hearing. [1993 c.33 §269; 2003 c.396 §137; 2005 c.159 §9; 2007 c.609 §24; 2021 c.489 §109]

Source: Section 419C.653 — Notice; appearance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 418.609 — OR Code / Title 34 / Chapter 418 / Section 418.609
418.609 Applicability of Indian Child Welfare Act
Status: in_force

Nothing in ORS 418.606 (Definitions) to 418.608 (Oregon Foster Children’s Sibling Bill of Rights) affects the application of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [2017 c.36 §4]

Note: See note under 418.606 (Definitions) .

FOSTER HOMES NOT SUPERVISED BY CHILD-CARING AGENCIES

Source: Section 418.609 — Applicability of Indian Child Welfare Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 415.330 — OR Code / Title 34 / Chapter 415 / Section 415.330
415.330 Grounds for order to liquidate
Status: in_force

The Oregon Health Authority may apply for an order directing the authority to liquidate the business of a coordinated care organization, regardless of whether there has been a prior order directing the authority to rehabilitate the coordinated care organization, upon any of the grounds specified in ORS 415.280 (Petition for order for rehabilitation or liquidation of CCO) , or if the coordinated care organization:

(1) Has ceased transacting business for a period of one year;

(2) Under any laws except ORS 415.203 (Opportunity to cure impairment of required capitalization) to 415.430 (Liability of member of CCO to pay provider for cost of care) or rules adopted pursuant to ORS 415.011 (Oregon Health Authority regulation of financial solvency of CCOs to align with regulation of domestic insurers) , has:

(a) Commenced voluntary liquidation or dissolution;

(b) Attempted to commence or prosecute an action or proceeding to liquidate its business or affairs;

(c) Commenced dissolving its corporate charter; or

(d) Commenced procuring the appointment of a receiver, trustee, custodian, or sequestrator; or

(3) Is insolvent. [2019 c.478 §49]

Source: Section 415.330 — Grounds for order to liquidate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html (accessed May 26, 2025).
ORS § 417.799 — OR Code / Title 34 / Chapter 417 / Section 417.799
417.799 Runaway and homeless youth
Status: in_force

(1) The Department of Human Services is responsible for coordinating statewide planning for delivery of services to runaway and homeless youth and their families.

(2) The department shall recommend policies that integrate a system of services and support for runaway and homeless youth into the state’s continuum of care for children who are 0 through 17 years of age. The department shall recommend policies for a system of services and support for youth who are 18 through 20 years of age and who continue to be or who become homeless.

(3) The department may work with the Youth Development Division, the Employment Department, the Housing and Community Services Department, the Office of Community Colleges and Workforce Development, the Department of Education and the Oregon Youth Authority to develop a comprehensive and coordinated approach for services and support for runaway and homeless youth and their families, including youth who are 18 through 20 years of age and who continue to be or who become homeless.

(4) In addition to the entities listed in subsection (3) of this section, the department shall include representatives of youth, nonprofit organizations and statewide coalitions related to runaway and homeless youth services and supports, including services and supports for youth who are 18 through 20 years of age and who continue to be or who become homeless, in the joint process described in subsection (3) of this section.

(5) The department may enter into and renew contracts with providers for the provision of services to runaway and homeless youth and their families, including services to youth who are 18 through 20 years of age and who continue to be or who become homeless.

(6) The department shall appoint an advisory committee to advise the department with respect to policies and procedures to coordinate statewide planning for delivery of services to runaway and homeless youth and their families. The advisory committee shall meet with and advise the department on a regular basis, provide the department with information regarding the status of existing services and make recommendations for improvements and additional services. The department shall include as members of the advisory committee stakeholders with expertise in housing, mental health and addictions, sex trafficking, child welfare and law enforcement.

(7) The department shall report annually on or before September 15 of each year to the interim legislative committees on child welfare regarding the status of the system of services and support for runaway and homeless youth developed by the department, and the advice and information provided by the advisory committee appointed by the department, pursuant to this section. [2005 c.495 §2; 2011 c.678 §2; 2012 c.37 §109; 2013 c.249 §§1,2; 2013 c.623 §11; 2015 c.153 §1; 2015 c.366 §88]

Source: Section 417.799 — Runaway and homeless youth; delivery of services; policies; advisory committee on statewide planning; annual report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 421.349 — OR Code / Title 34 / Chapter 421 / Section 421.349
421.349 Advisory committee
Status: in_force

In addition to the advisory council required by ORS 421.347 (Advisory council) , the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and ORS 192.355 (Public records exempt from disclosure) , 421.305 (Establishment of industries in institutions) , 421.312 (Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized) , 421.344 (Creation of Oregon Corrections Enterprises as semi-independent agency) to 421.367 (Report to Governor and Legislative Assembly) , 421.412 (Use of labor of adults in custody in acquisition of crops to be consumed in state institutions) , 421.442 (Creation of accounts and subaccounts relating to prison work and on-the-job training programs) , 421.444 (Intellectual property) and 421.445 (Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program) . The administrator may authorize the payment of expenses, as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) , to the members of any advisory committee or body established under this section. [1999 c.955 §5]

Source: Section 421.349 — Advisory committee; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 419a.200 — OR Code / Title 34 / Chapter 419a / Section 419a.200
419A.200 Who may appeal
Status: in_force

(1) Except as provided in ORS 419A.190 (Effect of adjudicatory hearing or admission) , any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875 (Parties to proceedings) (1) or 419C.285 (Parties to delinquency proceeding) (1), whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom. An appeal from a circuit court must be taken to the Court of Appeals, and an appeal from a county court must be taken to the circuit court.

(2) If the proceeding is in the circuit court and no record of the proceedings was kept, the court, on motion made not later than 15 days after the entry of the court’s judgment, shall grant a rehearing and shall direct that a record of the proceedings be kept. However, the court may not grant a rehearing in a case barred by ORS 419A.190 (Effect of adjudicatory hearing or admission) without the consent of the child, ward, youth or adjudicated youth affected by such case. If a rehearing is held, the time for taking an appeal runs from the date of entry of the court’s judgment after the rehearing.

(3) Intentionally left blank —Ed.

(a) The appeal may be taken by causing a notice of appeal, in the form prescribed by ORS 19.250 (Contents of notice of appeal) , to be served:

(A) On all parties who have appeared in the proceeding;

(B) On the trial court administrator or other person serving as clerk of the juvenile court; and

(C) On the juvenile court transcript coordinator, if a transcript is designated in connection with the appeal.

(b) The original of the notice with proof of service must be filed with:

(A) The Court of Appeals if the appeal is from a circuit court; or

(B) The circuit court if the appeal is from a county court.

(c) The notice must be filed not later than 30 days after the entry of the court’s judgment. On appeal from the county court, the circuit court shall hear the matter de novo and its judgment is appealable to the Court of Appeals in the same manner as if the proceeding had been commenced in the circuit court.

(4) The counsel in the proceeding from which the appeal is being taken shall file and serve those documents necessary to commence an appeal if the counsel is requested to do so by the party the counsel represents. If the party requesting an appeal is represented by court-appointed counsel, court-appointed counsel may discharge the duty to commence an appeal under this subsection by complying with policies and procedures established by the Oregon Public Defense Commission for appeals of juvenile court judgments.

(5) Intentionally left blank —Ed.

(a) Upon motion of a person, other than the state, entitled to appeal under subsection (1) of this section, the appellate court shall grant the person leave to file a notice of appeal after the time limits described in subsection (3) of this section if:

(A) The person shows a colorable claim of error in the proceeding from which the appeal is taken; and

(B) The person shows that the failure to file a timely notice of appeal is not personally attributable to the person.

(b) A person other than the state is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 419A.208 (Orders subject to appeal by state) .

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsection (3) of this section must be filed no later than 90 days after entry of the judgment being appealed and must be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260 (Filing by mail or delivery) .

(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the person’s request for relief.

(6) An appeal to the Court of Appeals must be conducted in the same manner as an appeal under ORS chapter 19 except that the court shall advance the appeal on the court’s docket in the same manner as appeals in criminal cases.

(7) Intentionally left blank —Ed.

(a) Except as provided in ORS 419A.208 (Orders subject to appeal by state) (2), or when otherwise ordered by the appellate court, the filing of an appeal does not suspend an order or judgment of the juvenile court nor discharge the ward or adjudicated youth from the custody of the person, institution or agency in whose custody the ward or adjudicated youth may have been placed nor preclude the juvenile court after notice and hearing from entering such further orders relating to the ward or adjudicated youth’s custody pending final disposition of the appeal as it finds necessary by reason only of matters transpiring subsequent to the order or judgment appealed from. The trial court administrator shall immediately file certified copies of any such order or judgment with the Court of Appeals.

(b) Notwithstanding the filing of an appeal from a jurisdictional or dispositional judgment or an order entered pursuant to ORS 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing) , the juvenile court may proceed with the adjudication of a petition seeking termination of the parental rights of a parent of the ward who is subject to the judgment from which the appeal is taken.

(c) The appeal of any judgment entered in a termination of parental rights proceeding under paragraph (b) of this subsection must be consolidated, if appropriate, with any pending appeal of an order or judgment entered under ORS 419B.325 (Disposition required) , 419B.449 (Review hearing by court) or 419B.476 (Conduct of hearing) . The consolidated appeal must be conducted and advanced on the court’s docket in the same manner as termination of parental rights cases.

(8) On appeal of a judgment or final order, the appellate court may review any interlocutory order that:

(a) Involves the merits or necessarily affects the judgment or final order appealed from; and

(b) Was made after entry of the last appealable judgment or final order preceding entry of the judgment or final order being appealed.

(9) The district attorney or Attorney General shall represent the state in the appeal.

(10) Intentionally left blank —Ed.

(a) The court from which an appeal is taken shall prepare and transmit a record on appeal in the manner provided in ORS 19.365 (Preparation and transmission of record generally) , except that, when the appeal is to the circuit court from a county court, the record on appeal shall be prepared and transmitted by the county court to the circuit court.

(b) The court to which an appeal is taken under this section shall keep a record of the case on appeal that includes but is not limited to notices of appeal, briefs, motions, orders of the court and other papers filed with the court on appeal.

(c) The record on appeal prepared and transmitted under paragraph (a) of this subsection, when it is in the custody of the court to which the appeal is taken, and the record of the case on appeal kept under paragraph (b) of this subsection are subject to the same limitations on inspection, copying and disclosure of records, reports and materials as those set forth under ORS 419A.255 (Maintenance) .

(d) The court on appeal may consent to disclosure of:

(A) Records described in paragraph (a) of this subsection, while in the custody of the court to which the appeal is taken, in the same manner and under the same circumstances as the juvenile court consents to disclosure under ORS 419A.255 (Maintenance) ;

(B) Records described in paragraph (b) of this subsection; or

(C) An audio or video recording prepared of an oral proceeding on appeal, in the same manner as permitted under ORS 419A.256 (When transcript of proceeding is part of record of case) (1)(b), (3) and (4).

(e) Notwithstanding any other provision of law, any decision, as that term is defined in ORS 19.450 (Appellate judgment) , issued by the Court of Appeals or the Supreme Court, on appeal or review of a juvenile court decision, is not confidential and is not exempt from disclosure. [1993 c.33 §47; 1995 c.79 §214; 1995 c.422 §66; 1997 c.389 §10; 1997 c.761 §5; 1999 c.263 §1; 1999 c.859 §15a; 2001 c.480 §§3,3a; 2001 c.910 §3; 2003 c.396 §28; 2007 c.58 §1; 2009 c.231 §6; 2009 c.484 §12; 2013 c.417 §8; 2014 c.71 §6; 2021 c.489 §46; 2023 c.281 §58]

Source: Section 419A.200 — Who may appeal; time limitations; procedure; effect of filing appeal; record on appeal; disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).