ORS § 418.260 — OR Code / Title 34 / Chapter 418 / Section 418.260
418.260 Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies
Status: in_force

(1) If the Department of Human Services receives a report or otherwise becomes aware that any suspected or founded abuses, deficiencies, violations or failures to comply with the full compliance requirements described in ORS 418.240 (Licensing, certification and authorization criteria) are occurring in a child-caring agency, whether as a part of the inspections undertaken pursuant to ORS 418.255 (Inspection and supervision) or otherwise, the department shall immediately notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, who shall investigate and take appropriate action without undue delay, with primary concern given to the health, safety and welfare of the children for whom the child-caring agency is responsible. The department may notify law enforcement agencies as necessary to coordinate and assist in the investigation and enforcement of corrective actions undertaken by the department. If the child-caring agency is known or found to serve children also served by the Oregon Youth Authority, county juvenile departments or developmental disabilities services within the department, the department shall notify those entities of the report or suspected or founded abuses, deficiencies, violations or failures.

(2) If the department finds, after investigation by the department or law enforcement agencies, that the abuses, deficiencies, violations or failures to comply are founded, the department may suspend, revoke or place conditions on the license, certificate or other authorization of the child-caring agency. The conditions placed on a license, certificate or authorization may include, but are not limited to, placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke or limitation of operations subject to correction of violations as specified in a plan of correction. If the department imposes a plan of correction, and the corrections are not made within 45 days from the effective date of the plan of correction, the department may immediately suspend or revoke the license, certificate or authorization of the child-caring agency. The department shall immediately notify any governmental agency that has a contract with the child-caring agency to provide care or services to a child of any suspension or revocation of, or conditions placed on, the license, certificate or other authorization of the child-caring agency.

(3) If the department determines at any time during or after an investigation that the abuses, deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the public, or place a child at risk with respect to the child’s health, safety or welfare, the department may immediately suspend or revoke the child-caring agency’s license, certificate or authorization, subject to the provisions of ORS chapter 183. The department shall immediately notify any governmental agency that has a contract with the child-caring agency to provide care or services to a child of any suspension or revocation of the license, certificate or other authorization of the child-caring agency under this subsection and of any conditions placed on the child-caring agency’s license, certificate or authorization pursuant to ORS 418.240 (Licensing, certification and authorization criteria) . The department shall immediately report the alleged deficiencies or violations to the governmental agency and the governing board responsible for the oversight of the child-caring agency.

(4) If the department determines that the abuses, deficiencies, violations or failures to comply are founded and the department imposes a plan of correction that the child-caring agency does not comply with in the time allotted for correction, the department shall immediately notify the following of the failure of the child-caring agency to comply with the plan of correction:

(a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to child welfare.

(b) Members of the governing board responsible for the child-caring agency.

(c) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child.

(5) Any employee of the department that has reasonable cause to believe that a child-caring agency has committed an abuse or incurred a deficiency or violation, or that grounds for immediate suspension or revocation of a license, certificate or authorization exist under ORS 418.240 (Licensing, certification and authorization criteria) , and that such abuse, deficiency, violation or grounds is or threatens a danger to any child at the child-caring agency or to the public, or places a child at risk with respect to the child’s health, safety or welfare, is required to immediately inform the Director of Human Services, the director’s designee or such other personnel in the department designated to receive such information. Upon receipt of an employee report under this subsection, the director and department personnel shall immediately commence an investigation and take all reasonably prudent and necessary actions to ensure the health, safety and welfare of children at the child-caring agency. Failure to commence an investigation and take actions as required by this subsection constitutes official misconduct in the second degree under ORS 162.405 (Official misconduct in the second degree) . [Formerly 419.124; 1971 c.401 §20; 1975 c.310 §6; 1983 c.510 §9; 2016 c.106 §11; 2017 c.448 §2]

Source: Section 418.260 — Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 417.728 — OR Code / Title 34 / Chapter 417 / Section 417.728
417.728 Statewide early learning system
Status: in_force

(1) The Early Learning Council is responsible for leading cross-sector strategic planning that establishes the goals, objectives and strategies necessary for a statewide early learning system.

(2) The purpose of the statewide early learning system is to make progress toward ensuring that:

(a) Children enter school ready to learn;

(b) Children are raised in families that are healthy, stable and attached; and

(c) Early learning is available and provided in a manner that is aligned, coordinated and family centered.

(3) The statewide early learning system shall include the following components:

(a) A process to identify as early as possible children and families who would benefit from early learning services, including the required use of standardized screening and referral procedures used throughout the statewide early learning system;

(b) A plan to support the identified needs of the child and family that coordinates case management personnel and the delivery of services to the child and family; and

(c) Services to support children who are zero through six years of age and their families who give their express written consent, including:

(A) Screening, assessment and home visiting services pursuant to ORS 417.795 (Healthy Families Oregon programs) ;

(B) Specialized or targeted home visiting services;

(C) Community-based services such as relief nurseries, family support programs and parent education programs;

(D) Affordable, quality child care, as defined by the Early Learning Council;

(E) Preschool and other early education services;

(F) Health services for children and pregnant women;

(G) Mental health services;

(H) Alcohol and drug treatment programs that meet the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357 (Minimum standards) ;

(I) Developmental disability services; and

(J) Other state and local services.

(4) In establishing the definition of affordable, quality child care under subsection (3)(c)(D) of this section, the Early Learning Council shall consult with child care providers and early childhood educators. The definition established by the council shall support parental choice of child care provider and shall consider differences in settings and services, including but not limited to child care for school-aged children, part-time care, odd-hour and respite care and factors of cultural appropriateness and competence.

(5) The Early Learning Council shall:

(a) Consolidate administrative functions relating to the statewide early learning system, to the extent practicable, including but not limited to training and technical assistance, planning and budgeting.

(b) Adopt policies to establish training and technical assistance programs to ensure that personnel have skills in appropriate areas, including screening, family assessment, competency-based home visiting skills, cultural and gender differences and other areas as needed.

(c) Identify research-based age-appropriate and culturally and gender appropriate screening and assessment tools that would be used as appropriate in programs and services of the statewide early learning system.

(d) Develop a plan for the implementation of a common data system for voluntary early childhood programs.

(e) Coordinate existing and new early childhood programs to provide a range of community-based supports.

(f) Establish a common set of quality assurance standards to guide local implementation of all elements of the statewide early learning system, including voluntary universal screening and assessment, home visiting, staffing, evaluation and community-based services.

(g) Ensure that all plans for voluntary early childhood services are coordinated and consistent with federal and state law, including but not limited to plans for the Oregon Prenatal to Kindergarten Program, federal Head Start programs, early childhood special education services, early intervention services and public health services.

(h) Identify how the statewide early learning system for children who are zero through six years of age will link with systems of support for older children and their families.

(i) During January of each odd-numbered year, report to the Governor and the Legislative Assembly on the statewide early learning system.

(6) The State Board of Education, the Employment Department, the Department of Human Services and the Oregon Health Authority when adopting rules to administer voluntary early childhood programs under their individual authority shall adopt rules:

(a) That are consistent with the requirements of the statewide early learning system created under this section; and

(b) With the direction of the Early Learning Council.

(7) Information gathered in conjunction with the voluntary comprehensive screening and assessment of children and their families may be used only for the following purposes:

(a) Providing services to children and families who give their express written consent;

(b) Providing statistical data that are not personally identifiable;

(c) Accomplishing other purposes for which the family has given express written consent; and

(d) Meeting the requirements of mandatory state and federal disclosure laws. [Formerly 417.748; 2003 c.293 §2; 2005 c.271 §2; 2009 c.595 §359; 2012 c.37 §§44b,91; 2013 c.728 §§3,4; 2015 c.698 §3; 2021 c.631 §1; 2023 c.547 §27]

Source: Section 417.728 — Statewide early learning system; components; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 413.017 — OR Code / Title 34 / Chapter 413 / Section 413.017
413.017 Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee
Status: in_force

(1) The Oregon Health Policy Board shall establish the committees described in subsections (2) to (5) of this section.

(2) Intentionally left blank —Ed.

(a) The Public Health Benefit Purchasers Committee shall include individuals who purchase health care for the following:

(A) The Public Employees’ Benefit Board.

(B) The Oregon Educators Benefit Board.

(C) Trustees of the Public Employees Retirement System.

(D) A city government.

(E) A county government.

(F) A special district.

(G) Any private nonprofit organization that receives the majority of its funding from the state and requests to participate on the committee.

(b) The Public Health Benefit Purchasers Committee shall:

(A) Identify and make specific recommendations to achieve uniformity across all public health benefit plan designs based on the best available clinical evidence, recognized best practices for health promotion and disease management, demonstrated cost-effectiveness and shared demographics among the enrollees within the pools covered by the benefit plans.

(B) Develop an action plan for ongoing collaboration to implement the benefit design alignment described in subparagraph (A) of this paragraph and shall leverage purchasing to achieve benefit uniformity if practicable.

(C) Continuously review and report to the Oregon Health Policy Board on the committee’s progress in aligning benefits while minimizing the cost shift to individual purchasers of insurance without shifting costs to the private sector or the health insurance exchange.

(c) The Oregon Health Policy Board shall work with the Public Health Benefit Purchasers Committee to identify uniform provisions for state and local public contracts for health benefit plans that achieve maximum quality and cost outcomes. The board shall collaborate with the committee to develop steps to implement joint contract provisions. The committee shall identify a schedule for the implementation of contract changes. The process for implementation of joint contract provisions must include a review process to protect against unintended cost shifts to enrollees or agencies.

(3) Intentionally left blank —Ed.

(a) The Health Care Workforce Committee shall include individuals who have the collective expertise, knowledge and experience in a broad range of health professions, health care education and health care workforce development initiatives.

(b) The Health Care Workforce Committee shall coordinate efforts to recruit and educate health care professionals and retain a quality workforce to meet the demand that will be created by the expansion in health care coverage, system transformations and an increasingly diverse population.

(c) The Health Care Workforce Committee shall conduct an inventory of all grants and other state resources available for addressing the need to expand the health care workforce to meet the needs of Oregonians for health care.

(4) Intentionally left blank —Ed.

(a) The Health Plan Quality Metrics Committee shall include the following members appointed by the Oregon Health Policy Board:

(A) An individual representing the Oregon Health Authority;

(B) An individual representing the Oregon Educators Benefit Board;

(C) An individual representing the Public Employees’ Benefit Board;

(D) An individual representing the Department of Consumer and Business Services;

(E) Two health care providers;

(F) One individual representing hospitals;

(G) One individual representing insurers, large employers or multiple employer welfare arrangements;

(H) Two individuals representing health care consumers;

(I) Two individuals representing coordinated care organizations;

(J) One individual with expertise in health care research;

(K) One individual with expertise in health care quality measures; and

(L) One individual with expertise in mental health and addiction services.

(b) The committee shall work collaboratively with the Oregon Educators Benefit Board, the Public Employees’ Benefit Board, the authority and the department to adopt health outcome and quality measures that are focused on specific goals and provide value to the state, employers, insurers, health care providers and consumers. The committee shall be the single body to align health outcome and quality measures used in this state with the requirements of health care data reporting to ensure that the measures and requirements are coordinated, evidence-based and focused on a long term statewide vision.

(c) The committee shall use a public process that includes an opportunity for public comment to identify health outcome and quality measures. The health outcome and quality measures identified by the committee, as updated by the authority under paragraph (g) of this subsection, may be applied to services provided by coordinated care organizations or paid for by health benefit plans sold through the health insurance exchange or offered by the Oregon Educators Benefit Board or the Public Employees’ Benefit Board. The authority, the department, the Oregon Educators Benefit Board and the Public Employees’ Benefit Board are not required to adopt all of the health outcome and quality measures identified by the committee but may not adopt any health outcome and quality measures that are different from the measures identified by the committee. The measures must take into account the health outcome and quality measures selected by the metrics and scoring subcommittee created in ORS 413.022 (Metrics and scoring subcommittee) and the differences in the populations served by coordinated care organizations and by commercial insurers.

(d) In identifying health outcome and quality measures, the committee shall prioritize measures that:

(A) Utilize existing state and national health outcome and quality measures, including measures adopted by the Centers for Medicare and Medicaid Services, that have been adopted or endorsed by other state or national organizations and have a relevant state or national benchmark;

(B) Given the context in which each measure is applied, are not prone to random variations based on the size of the denominator;

(C) Utilize existing data systems, to the extent practicable, for reporting the measures to minimize redundant reporting and undue burden on the state, health benefit plans and health care providers;

(D) Can be meaningfully adopted for a minimum of three years;

(E) Use a common format in the collection of the data and facilitate the public reporting of the data; and

(F) Can be reported in a timely manner and without significant delay so that the most current and actionable data is available.

(e) The committee shall evaluate on a regular and ongoing basis the health outcome and quality measures identified under this section.

(f) The committee may convene subcommittees to focus on gaining expertise in particular areas such as data collection, health care research and mental health and substance use disorders in order to aid the committee in the development of health outcome and quality measures. A subcommittee may include stakeholders and staff from the authority, the Department of Human Services, the Department of Consumer and Business Services, the Early Learning Council or any other agency staff with the appropriate expertise in the issues addressed by the subcommittee.

(g) The authority shall update annually, if necessary, the health outcome and quality measures identified by the committee to utilize the latest sets of core quality measures published by the Centers for Medicare and Medicaid Services in accordance with 42 U.S.C. 1320b-9a and 1320b-9b.

(h) This subsection does not prevent the authority, the Department of Consumer and Business Services, commercial insurers, the Public Employees’ Benefit Board or the Oregon Educators Benefit Board from establishing programs that provide financial incentives to providers for meeting specific health outcome and quality measures adopted by the committee.

(5) Intentionally left blank —Ed.

(a) The Behavioral Health Committee shall include the following members appointed by the Director of the Oregon Health Authority:

(A) The chairperson of the Health Plan Quality Metrics Committee;

(B) The chairperson of the committee appointed by the board to address health equity, if any;

(C) A behavioral health director for a coordinated care organization;

(D) A representative of a community mental health program;

(E) An individual with expertise in data analysis;

(F) A member of the Consumer Advisory Council, established under ORS 430.073 (Consumer Advisory Council) , that represents adults with mental illness;

(G) A representative of the System of Care Advisory Council established in ORS 418.978 (System of Care Advisory Council) ;

(H) A member of the Oversight and Accountability Council, described in ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , who represents adults with addictions or co-occurring conditions;

(I) One member representing a system of care, as defined in ORS 418.976 (Definitions for ORS 418.976 to 418.981) ;

(J) One consumer representative;

(K) One representative of a tribal government;

(L) One representative of an organization that advocates on behalf of individuals with intellectual or developmental disabilities;

(M) One representative of providers of behavioral health services;

(N) The director of the division of the authority responsible for behavioral health services, as a nonvoting member;

(O) The Director of the Alcohol and Drug Policy Commission appointed under ORS 430.220 (Director) , as a nonvoting member;

(P) The authority’s Medicaid director, as a nonvoting member;

(Q) A representative of the Department of Human Services, as a nonvoting member; and

(R) Any other member that the director deems appropriate.

(b) The board may modify the membership of the committee as needed.

(c) The division of the authority responsible for behavioral health services and the director of the division shall staff the committee.

(d) The committee, in collaboration with the Health Plan Quality Metrics Committee, as needed, shall:

(A) Establish quality metrics for behavioral health services provided by coordinated care organizations, health care providers, counties and other government entities; and

(B) Establish incentives to improve the quality of behavioral health services.

(e) The quality metrics and incentives shall be designed to:

(A) Improve timely access to behavioral health care;

(B) Reduce hospitalizations;

(C) Reduce overdoses;

(D) Improve the integration of physical and behavioral health care; and

(E) Ensure individuals are supported in the least restrictive environment that meets their behavioral health needs.

(6) Members of the committees described in subsections (2) to (5) of this section who are not members of the Oregon Health Policy Board may receive compensation in accordance with criteria prescribed by the authority by rule and shall be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by them by their attendance at committee meetings, in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [2009 c.595 §7; 2015 c.3 §43; 2015 c.389 §2; 2019 c.3 §1; 2021 c.667 §16; 2023 c.584 §16]

Source: Section 413.017 — Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 419c.450 — OR Code / Title 34 / Chapter 419c / Section 419c.450
419C.450 Restitution
Status: in_force

"The teen, whose name has not been released, was 15 at the time he threw the fireworks. Oregon's juvenile delinquency statute calls for restitution that equals the full amount of the victims' injury, loss or damage as determined by the court." Bibliographic info

(1) Intentionally left blank —Ed.

(a) It is the policy of the State of Oregon to encourage and promote the payment of restitution and other obligations by adjudicated youths as well as by adult offenders. In any case within the jurisdiction of the juvenile court pursuant to ORS 419C.005 (Jurisdiction) in which the adjudicated youth caused another person any physical, emotional or psychological injury or any loss of or damage to property, the victim has the right to receive prompt restitution. The district attorney shall investigate and present to the court, prior to or at the time of adjudication, evidence of the nature and amount of the injury, loss or damage. If the court finds from the evidence presented that a victim suffered injury, loss or damage, in addition to any other sanction it may impose, the court shall:

(A) Include in the judgment a requirement that the adjudicated youth pay the victim restitution in a specific amount that equals the full amount of the victim’s injury, loss or damage as determined by the court; or

(B) Include in the judgment a requirement that the adjudicated youth pay the victim restitution, and that the specific amount of restitution will be established by a supplemental judgment based upon a determination made by the court within 90 days of entry of the judgment. In the supplemental judgment, the court shall establish a specific amount of restitution that equals the full amount of the victim’s injury, loss or damage as determined by the court. The court may extend the time within which the determination and supplemental judgment may be completed for good cause. The lien, priority of the lien and ability to enforce a specific amount of restitution established under this subparagraph by a supplemental judgment relates back to the date of the original judgment that is supplemented.

(b) After the district attorney makes a presentation described in paragraph (a) of this subsection, if the court is unable to find from the evidence presented that a victim suffered injury, loss or damage, the court shall make a finding on the record to that effect.

(c) No finding made by the court or failure of the court to make a finding under this subsection limits or impairs the rights of a person injured to sue and recover damages in a civil action under subsection (2) of this section.

(d) The court may order restitution, including but not limited to counseling and treatment expenses, for emotional or psychological injury under this section only:

(A) When the act that brought the adjudicated youth within the jurisdiction of the court would constitute aggravated murder, murder or a sex crime if committed by an adult; and

(B) For an injury suffered by the victim or a member of the victim’s family who observed the act.

(e) If the adjudicated youth will be present at a hearing under this subsection and the victim requests notice, the district attorney or juvenile department shall notify the victim of the hearing.

(2) Restitution for injury inflicted upon a person by the adjudicated youth, for property taken, damaged or destroyed by the adjudicated youth and for a reward offered by the victim or an organization authorized by the victim and paid for information leading to the apprehension of the adjudicated youth, shall be required as a condition of probation. Restitution does not limit or impair the right of a victim to sue in a civil action for damages suffered, nor shall the fact of consultation by the victim be admissible in such civil action to prove consent or agreement by the victim. However, the court shall credit any restitution paid by the adjudicated youth to a victim against any judgment in favor of the victim in such civil action. Before setting the amount of such restitution, the court shall notify the person upon whom the injury was inflicted or the owner of the property taken, damaged or destroyed and give such person an opportunity to be heard on the issue of restitution.

(3) Intentionally left blank —Ed.

(a) If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the adjudicated youth alleges and establishes to the satisfaction of the court the adjudicated youth’s inability to pay the judgment in full at the time the judgment is entered. If the court finds that the adjudicated youth is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule. The supervising authority shall be authorized to modify any payment schedule established under this section. In establishing a payment schedule, the court or the supervising authority shall take into consideration:

(A) The availability to the adjudicated youth of paid employment during such time as the adjudicated youth may be committed to a youth correction facility;

(B) The financial resources of the adjudicated youth and the burden that payment of restitution will impose, with due regard to the other obligations of the adjudicated youth;

(C) The present and future ability of the adjudicated youth to pay restitution on an installment basis or on other conditions to be fixed by the court; and

(D) The rehabilitative effect on the adjudicated youth of the payment of restitution and the method of payment.

(b) As used in this subsection, “supervising authority” means any state or local agency that is authorized to supervise the adjudicated youth.

(4) Notwithstanding ORS 419C.501 (Duration of disposition) and 419C.504 (Duration of probation) , when the court has ordered an adjudicated youth to pay restitution, as provided in this section, the judgment shall be entered in the register or docket of the court in the manner provided by ORS chapter 18 and enforced in the manner provided by ORS 18.252 (Execution) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure) . The judgment is in favor of the state and may be enforced only by the state. Notwithstanding ORS 419A.255 (Maintenance) , a judgment for restitution entered under this subsection is a public record. Judgments entered under this subsection are subject to ORS 18.048 (Judgment in criminal action that contains money award) .

(5) A person required to pay restitution under subsection (1) of this section may file a motion supported by an affidavit for satisfaction of the judgment or supplemental judgment requiring payment of restitution in the circuit court of the county in which the original judgment was entered if:

(a) At least 50 percent of the monetary obligation is satisfied or at least 10 years have passed since the original judgment was entered;

(b) The person has substantially complied with all established payment plans;

(c) The person has not been found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) or convicted of an offense since the date the original judgment of restitution was entered; and

(d) The person has satisfactorily completed any required period of probation or parole for the act for which the judgment of restitution was entered.

(6) When a person files a motion described in subsection (5) of this section, the district attorney for the county in which the motion was filed shall promptly notify the victim for whose benefit the judgment of restitution was entered that the person has filed the motion and that the victim may object in writing to the motion through the district attorney.

(7) If the victim does not object to the motion as provided in subsection (6) of this section, the court shall hold a hearing on the motion and may enter an order granting a full or partial satisfaction if the allegations in the affidavit supporting the motion are true and failure to grant the motion would result in an injustice. In determining whether an injustice would result, the court shall take into account:

(a) The financial resources of the defendant and the burden that continued payment of restitution will impose, with due regard to the other obligations of the defendant;

(b) The ability of the defendant to continue paying restitution on an installment basis or under other conditions to be fixed by the court; and

(c) The rehabilitative effect on the defendant of the continued payment of restitution and the method of payment.

(8) A person may file a motion under subsection (5) of this section no more than one time per year for each judgment of restitution entered against the person. [1993 c.33 §230; 1993 c.405 §1; 1995 c.422 §83; 1997 c.313 §32; 1997 c.727 §11; 2001 c.202 §1; 2003 c.576 §214; 2003 c.670 §4; 2007 c.425 §2; 2007 c.609 §22; 2021 c.489 §72]

Source: Section 419C.450 — Restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 419a.305 — OR Code / Title 34 / Chapter 419a / Section 419a.305
419A.305 Notice to school administrators concerning students subject to juvenile court petitions
Status: in_force

(1) As used in this section:

(a) “Principal” means a person having general administrative control and supervision of a school.

(b) “School administrator” means:

(A) The superintendent of the school district in which a youth attends school, or the designee of the superintendent, if the youth attends a public school that is not a public charter school;

(B) The principal of a public charter school, if the youth attends a public charter school;

(C) The principal of a private school that provides education to one or more instructional levels from kindergarten through grade 12 or equivalent instructional levels, if the youth attends a private school;

(D) The superintendent of the school district in which the youth resides, or the designee of the superintendent, if the school that the youth attends is not known by the person giving notice;

(E) The director of the Oregon School for the Deaf; or

(F) The Superintendent of Public Instruction if the youth is in an educational program under the Youth Corrections Education Program or in an approved recovery school.

(c) “School district” has the meaning given that term in ORS 332.002 (Definitions for chapter) .

(2) Notice shall be given to a school administrator when:

(a) A youth makes a first appearance before the juvenile court on a petition described in subsection (7) of this section alleging that the youth is within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) .

(b) A youth admits to being within the jurisdiction of the juvenile court as provided in ORS 419C.005 (Jurisdiction) on a petition described in subsection (7) of this section or is adjudicated by a juvenile court to be within its jurisdiction on a petition described in subsection (7) of this section.

(c) A youth is found responsible except for insanity under ORS 419C.411 (Disposition order) .

(d) Notice had been given as provided by paragraph (a) or (b) of this subsection and the juvenile court:

(A) Sets aside or dismisses the petition as provided in ORS 419C.261 (Amendment and dismissal of petition) ; or

(B) Determines that the youth is not within the jurisdiction of the juvenile court after a hearing on the merits of the petition.

(3) A notice required by subsection (2) of this section shall be given by:

(a) The district attorney;

(b) In the case of a petition filed under ORS 419C.250 (Who may file petition) , the person who filed the petition;

(c) In the case of a person prosecuting a case who is not the district attorney, the person who is prosecuting the case; or

(d) In the case of a juvenile department that has agreed to be responsible for providing the notices required under this section, the juvenile department.

(4) A notice required under subsection (2) of this section may be communicated by mail or other means of delivery, including but not limited to electronic transmission. A notice must include:

(a) The name and date of birth of the youth;

(b) The names and addresses of the youth’s parents or guardians;

(c) The alleged basis for the juvenile court’s jurisdiction over the youth;

(d) The act alleged in the petition that, if committed by an adult, would constitute a crime;

(e) The name and contact information of the attorney for the youth, if known;

(f) The name and contact information of the individual to contact for further information about the notice;

(g) If applicable, the portion of the juvenile court order providing for the legal disposition of the youth;

(h) Any conditions of release or terms of probation; and

(i) Any other conditions required by the court.

(5) In addition to the information required by subsection (4) of this section:

(a) A notice required by subsection (2)(a) of this section shall contain substantially the following statement: “This notice is to inform you that a student who attends your school may come under the jurisdiction of the juvenile court as the result of a petition filed with the juvenile court. The student has not yet been determined to be within the jurisdiction of the juvenile court nor to have committed any violations of law. The allegation pending before the juvenile court must not be discussed with the student.”

(b) A notice required by subsection (2)(b) of this section shall contain substantially the following statement: “This notice is to inform you that a student who attends your school has come under the jurisdiction of the juvenile court as the result of a petition filed with the juvenile court. There may be pending juvenile court hearings or proceedings, and a disposition order may not yet have been entered by the court. The allegation pending before the juvenile court must not be discussed with the student.”

(c) A notice required by subsection (2)(c) of this section shall contain substantially the following statement: “This notice is to inform you that a disposition order has been entered in a case involving a student who attends your school about whom a previous notice was sent. The disposition order finds the student to be responsible except for insanity under ORS 419C.411 (Disposition order) for the act alleged in the petition filed with the juvenile court. The case should not be discussed with the student.”

(d) A notice required by subsection (2)(d) of this section shall contain substantially the following statement: “This notice is to inform you that a petition involving a student who attends your school about whom a previous notice was sent has been set aside or dismissed or the juvenile court has determined the student is not within its jurisdiction. The notice and any documents or information related to the notice in the student’s education records should be removed and destroyed upon receipt of this notice. The case should not be discussed with the student.”

(6) A notice required under subsection (2) of this section must be given within 15 days after:

(a) The youth makes a first appearance before the juvenile court on a petition;

(b) The youth admits to being within the jurisdiction of the juvenile court;

(c) The youth is adjudicated by a juvenile court to be within the jurisdiction of the court;

(d) The petition is dismissed or set aside;

(e) The juvenile court determines that the youth is not within the jurisdiction of the juvenile court after a hearing on the merits of the petition; or

(f) The juvenile court enters a disposition order finding the youth responsible except for insanity under ORS 419C.411 (Disposition order) .

(7) This section applies to petitions filed alleging that the youth engaged in:

(a) Conduct that, if committed by an adult, would constitute a crime that:

(A) Involves serious physical injury or threatened serious physical injury to another person, including criminal homicide, felony assault or any attempt to cause serious physical injury to another person;

(B) Involves the sexual assault of an animal or animal abuse in any degree;

(C) Is a felony sex offense listed in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , except for rape in the third degree under ORS 163.355 (Rape in the third degree) or incest under ORS 163.525 (Incest) ;

(D) Involves a weapon, as defined in ORS 166.360 (Definitions for ORS 166.360 to 166.380) , or the threatened use of a weapon;

(E) Involves the possession or manufacture of a destructive device, as defined in ORS 166.382 (Possession of destructive device prohibited) , or possession of a hoax destructive device, as defined in ORS 166.385 (Possession of hoax destructive device) ; or

(F) Involves an offense in which an element of the crime is:

(i) Manufacture of a controlled substance or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) ;

(ii) Delivery of a controlled substance or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) in conjunction with conduct described in subparagraph (A) of this paragraph; or

(iii) Delivery of a controlled substance or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) to a person under 18 years of age; or

(b) Conduct that is of such a nature that the court determines notice is necessary to safeguard the safety and security of the school, students and staff. The person or entity responsible for giving notice under subsection (3) of this section shall request that the court make the determination under this paragraph when the person or entity believes notice is necessary to safeguard the safety and security of the school, students and staff and the conduct involves an offense under ORS 163.160 (Assault in the fourth degree) .

(8) Except as otherwise provided in ORS 192.431 (Court authority in reviewing action denying right to inspect public records) , a person who sends or receives notice under this section is not civilly or criminally liable for failing to disclose the information under this section. [2008 c.50 §2; 2009 c.447 §1; 2009 c.713 §18; 2011 c.9 §58; 2017 c.21 §54; 2023 c.513 §18]

Source: Section 419A.305 — Notice to school administrators concerning students subject to juvenile court petitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).
ORS § 419a.048 — OR Code / Title 34 / Chapter 419a / Section 419a.048
419A.048 Court to comply with fiscal reporting procedures
Status: in_force

Any court with juvenile court jurisdiction that receives financial assistance under ORS 419A.045 (Policy and purpose) to 419A.048 (Court to comply with fiscal reporting procedures) shall comply with fiscal reporting procedures developed and approved by the Oregon Youth Authority. [Formerly 423.350; 2001 c.904 §4; 2001 c.905 §5]

Source: Section 419A.048 — Court to comply with fiscal reporting procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).
ORS § 413.085 — OR Code / Title 34 / Chapter 413 / Section 413.085
413.085 Cross-delegation by directors of Department of Human Services, Department of Consumer and Business Services and Oregon Health Authority
Status: in_force

The Director of Human Services, the Director of the Department of Consumer and Business Services and the Director of the Oregon Health Authority may delegate to each other by interagency agreement any duties, functions or powers granted to the Department of Human Services, the Department of Consumer and Business Services or the Oregon Health Authority by law, as the directors deem necessary for the efficient and effective operation of the respective functions of the departments and the authority. [2009 c.595 §20; 2011 c.720 §224; 2013 c.14 §10; 2013 c.688 §96; 2015 c.3 §44]

Note: 413.085 (Cross-delegation by directors of Department of Human Services, Department of Consumer and Business Services and Oregon Health Authority) was enacted into law by the Legislative Assembly but was 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 413.085 — Cross-delegation by directors of Department of Human Services, Department of Consumer and Business Services and Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 413.175 — OR Code / Title 34 / Chapter 413 / Section 413.175
413.175 Prohibition on disclosure of information
Status: in_force

(1) For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.

(2) Nothing in this section prohibits the disclosure or use of contents of records, files, papers or communications for purposes directly connected with the establishment and enforcement of support obligations pursuant to Title IV-D of the Social Security Act.

(3) Nothing in this section prohibits the disclosure of the address, Social Security number and photograph of any applicant or recipient to a law enforcement officer at the request of the officer. To receive information pursuant to this section, the officer must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b) Is violating a condition of probation or parole; or

(c) Has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the applicant or recipient is within such official duties.

(4) Nothing in this section prohibits disclosure of information between the authority and the Department of Human Services for the purpose of administering public assistance and medical assistance programs that the authority and the department are responsible for administering. [2011 c.720 §49; 2013 c.688 §67]

Note: See note under 413.161 (Collection of data on race, ethnicity, language, disability status, sexual orientation and gender identity) .

Source: Section 413.175 — Prohibition on disclosure of information; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 419b.208 — OR Code / Title 34 / Chapter 419b / Section 419b.208
419B.208 Other law applicable to appointment of counsel
Status: in_force

Appointment of counsel for the child, ward or parent is subject to ORS 135.055 (Compensation and expenses of appointed counsel) , 151.216 (Commission duties) and 151.219 (Executive director) . [1993 c.33 §76; 2001 c.962 §47; 2003 c.396 §§50,51]

Source: Section 419B.208 — Other law applicable to appointment of counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 418.625 — OR Code / Title 34 / Chapter 418 / Section 418.625
418.625 Definitions for ORS 418.625 to 418.645
Status: in_force

As used in ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) :

(1) “Certificate” means a written approval to operate a foster home issued by the Department of Human Services on a form prescribed by the department that states the name of the foster parent, the address of the premises to which the certificate applies and the maximum number of children to be maintained or boarded in the foster home at any one time.

(2) “Department” means the Department of Human Services.

(3) “Foster home” means any home maintained by a person who has under the care of the person in the home any child under the age of 21 years unattended by the child’s parent or guardian, for the purpose of providing the child with care, food and lodging, but does not include:

(a) Any boarding school that is essentially and primarily engaged in educational work;

(b) Any home in which a child is provided board and room by a school board;

(c) Any foster home under the direct supervision of a child-caring agency or institution certified by the department;

(d) Any home under the direct supervision of a custodial parent for the purpose of providing respite care as defined by rule;

(e) Any developmental disability child foster home as defined in ORS 443.830 (Definitions for ORS 443.830 and 443.835) ; or

(f) Any home of a provider of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) , for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) . [Formerly 419.402; 1971 c.401 §44; 1975 c.267 §1; 1995 c.564 §1; 1997 c.130 §9; 2001 c.686 §4; 2001 c.900 §120; 2005 c.679 §2; 2007 c.801 §2; 2010 c.60 §3; 2016 c.106 §27]

Source: Section 418.625 — Definitions for ORS 418.625 to 418.645 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 414.329 — OR Code / Title 34 / Chapter 414 / Section 414.329
414.329 Prescription drug benefits for certain persons who are eligible for Medicare Part D prescription drug coverage
Status: in_force

(1) Notwithstanding ORS 414.591 (Coordinated care organization contracts) , 414.631 (Mandatory enrollment in coordinated care organization) and 414.688 (Commission established) to 414.745 (Liability of health care providers and plans) , the Oregon Health Authority shall adopt rules modifying the prescription drug benefits for persons who are eligible for Medicare Part D prescription drug coverage and who receive prescription drug benefits under the state medical assistance program or Title XIX of the Social Security Act. The rules shall include but need not be limited to:

(a) Identification of the Part D classes of drugs for which federal financial participation is not available and that are not covered classes of drugs;

(b) Identification of the Part D classes of drugs for which federal financial participation is not available and that are covered classes of drugs;

(c) Identification of the classes of drugs not covered under Medicare Part D prescription drug coverage for which federal financial participation is available and that are covered classes of drugs; and

(d) Cost-sharing obligations related to the provision of Part D classes of drugs for which federal financial participation is not available.

(2) As used in this section, “covered classes of drugs” means classes of prescription drugs provided to persons eligible for prescription drug coverage under the state medical assistance program or Title XIX of the Social Security Act. [2005 c.754 §1; 2009 c.595 §298]

Note: 414.329 (Prescription drug benefits for certain persons who are eligible for Medicare Part D prescription drug coverage) 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.

(Practitioner-Managed Prescription Drug Plan)

Source: Section 414.329 — Prescription drug benefits for certain persons who are eligible for Medicare Part D prescription drug coverage; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 421.079 — OR Code / Title 34 / Chapter 421 / Section 421.079
421.079 Correctional education system interagency memorandum
Status: in_force

(1) The Department of Corrections and the Higher Education Coordinating Commission shall enter into a memorandum of understanding regarding the correctional education system.

(2) A memorandum of understanding entered into under this section shall contain, but is not limited to, provisions relating to:

(a) Sharing data between agencies;

(b) Providing clarity regarding the education programs that provide college credit, a college degree, a college certification, an industry-recognized certification or license or an apprenticeship that are available to adults in custody;

(c) Developing a policy on the availability of distance learning for adults in custody;

(d) Developing a method for aiding adults in custody with the process of applying for federal financial aid; and

(e) Any other policy or program necessary to comply with federal regulations related to educating adults in custody.

(3) Each year the Department of Corrections and the Higher Education Coordinating Commission shall jointly review and update the memorandum of understanding.

(4) The department and commission shall jointly convene an advisory committee to:

(a) Assist in the development of the memorandum of understanding;

(b) Periodically review and monitor the implementation of the memorandum of understanding; and

(c) Collaborate on the development of additional policies and practices to improve the prison education system in Oregon.

(5) The department and commission, after consulting with organizations representing prison educators and organizations representing individuals who are currently adults in custody and individuals who were formerly adults in custody, shall jointly appoint members to the advisory committee. The advisory committee must consist of at least:

(a) One female and one male adult in custody from one or more prison education programs;

(b) One individual who is a female and was formerly an adult in custody and one individual who is a male and was formerly an adult in custody;

(c) One employee of the Department of Corrections that manages prison education programs;

(d) One employee of the Higher Education Coordinating Commission who manages prison education programs;

(e) One employee the Oregon Youth Authority who manages juvenile education programs;

(f) One college coordinator;

(g) One professor or instructor at a college or university who provides educational instruction to adults in custody;

(h) One professor or instructor at a college or university who provides educational instruction to individuals who were formerly adults in custody;

(i) One administrator of a college or university prison education program; and

(j) One student advisor at a community college or university.

(6) The department and the commission may jointly appoint additional members to serve on the advisory committee.

(7) As used in this section:

(a) “Adult in custody” means a person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

(b) “Correctional facility” means a Department of Corrections institution or a jail. [2023 c.279 §1]

Note: 421.079 (Correctional education system interagency memorandum) 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 421.079 — Correctional education system interagency memorandum , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 418.960 — OR Code / Title 34 / Chapter 418 / Section 418.960
418.960 City and county siting of child-caring facilities
Status: in_force

(1) Each city and county may adopt a procedure which will provide opportunities for the siting of child-caring facilities within its jurisdiction including the siting of such facilities in single-family residential zones. The procedure shall specify all conditions the requirements of which must be satisfied for the approval of an application for the siting of a child-caring facility, including any applicable zoning or land use restrictions.

(2) If a city or county denies an application for the siting of a child-caring facility, it shall make formal findings under the provisions of the procedure adopted under subsection (1) of this section.

(3) Denial of an application for the siting of a child-caring facility by an agency, board or commission of a city or county may be appealed to the governing body of the city or county.

(4) A city or county shall not require, under the procedure established under this section, independent satisfaction of conditions that have been required by the state for certification of the child-caring facility, unless, in the case of the particular facility, the city or county finds:

(a) That circumstances have changed;

(b) That additional information about those conditions is necessary; or

(c) That review of such conditions is necessary to respond to the residents of the jurisdiction.

(5) Upon request, an agency applying for certification of a child-caring facility shall supply the city or county with a copy of the agency’s application for state certification of the facility. [1979 c.597 §3]

Source: Section 418.960 — City and county siting of child-caring facilities; applications; denial procedure; proof of facility qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 423.610 — OR Code / Title 34 / Chapter 423 / Section 423.610
423.610 Liability of persons associated with program
Status: in_force

(1) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any facilitated dialogue or responsibility letter bank program communication, except as required under rules established pursuant to ORS 423.615 (Rules) .

(2) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons are not civilly liable for any act or omission done or made while engaged in efforts to assist a victim, survivor or adult in custody in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to rules adopted by the Department of Corrections, unless the facilitator, member or person acted or made an omission in bad faith, with malicious intent or in a manner that exhibited a willful or wanton disregard of the rights, safety or property of another person.

(3) Facilitated dialogue and responsibility letter bank program communications are confidential and may not be disclosed to any other person, except as permitted under rules established pursuant to ORS 423.615 (Rules) .

(4) Facilitated dialogue and responsibility letter bank program communications are not admissible as evidence in any subsequent administrative, judicial or arbitration proceeding, except as permitted under rules established pursuant to ORS 423.615 (Rules) . [2017 c.114 §3; 2019 c.213 §102]

Source: Section 423.610 — Liability of persons associated with program; confidentiality of communications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 414.570 — OR Code / Title 34 / Chapter 414 / Section 414.570
414.570 System established
Status: in_force

(1) There is established the Oregon Integrated and Coordinated Health Care Delivery System. The system shall consist of state policies and actions that make coordinated care organizations accountable for care management and provision of integrated and coordinated health care for each organization’s members, primarily managed within fixed global budgets, by providing care so that efficiency and quality improvements reduce medical cost inflation while supporting the development of regional and community accountability for the health of the residents of each region and community, and while maintaining regulatory controls necessary to ensure quality and affordable health care for all Oregonians.

(2) The Oregon Health Authority shall seek input from groups and individuals who are part of underserved communities, including ethnically diverse populations, geographically isolated groups, seniors, people with disabilities and people using mental health services, and shall also seek input from providers, coordinated care organizations and communities, in the development of strategies that promote person centered care and encourage healthy behaviors, healthy lifestyles and prevention and wellness activities and promote the development of patients’ skills in self-management and illness management.

(3) The authority shall regularly report to the Oregon Health Policy Board, the Governor and the Legislative Assembly on the progress of payment reform and delivery system change including:

(a) The achievement of benchmarks;

(b) Progress toward eliminating health disparities;

(c) Results of evaluations;

(d) Rules adopted;

(e) Customer satisfaction;

(f) Use of patient centered primary care homes and behavioral health homes;

(g) The involvement of local governments in governance and service delivery; and

(h) Other developments with respect to coordinated care organizations. [Formerly 414.620; 2023 c.584 §20]

Source: Section 414.570 — System established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 413.041 — OR Code / Title 34 / Chapter 413 / Section 413.041
413.041 Persons authorized to represent parties in contested cases
Status: in_force

Notwithstanding ORS 8.690 (Advising and representing county officers and employees) , 9.160 (Bar membership required to practice law) , 9.320 (Necessity for employment of attorney) or 203.145 (Appointment of legal counsel for county governing body) or ORS chapter 180 or other law, in any contested case proceeding before the Oregon Health Authority, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. [2011 c.720 §44; 2015 c.7 §10]

Note: 413.041 (Persons authorized to represent parties in contested cases) was enacted into law by the Legislative Assembly but was 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 413.041 — Persons authorized to represent parties in contested cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 423.525 — OR Code / Title 34 / Chapter 423 / Section 423.525
423.525 Application for financial aid
Status: in_force

(1) A county, group of counties or intergovernmental corrections entity shall apply to the Director of the Department of Corrections in a manner and form prescribed by the director for funding made available under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) . The application shall include a community corrections plan. The Department of Corrections shall provide consultation and technical assistance to counties to aid in the development and implementation of community corrections plans.

(2) Intentionally left blank —Ed.

(a) From July 1, 1995, until June 30, 1999, a county, group of counties or intergovernmental corrections entity may make application requesting funding for the construction, acquisition, expansion or remodeling of correctional facilities to serve the county, group of counties or intergovernmental corrections entity. The department shall review the application for funding of correctional facilities in accordance with criteria that consider design, cost, capacity, need, operating efficiency and viability based on the county’s, group of counties’ or intergovernmental corrections entity’s ability to provide for ongoing operations.

(b) Intentionally left blank —Ed.

(A) If the application is approved, the department shall present the application with a request to finance the facility with financing agreements to the State Treasurer and the Director of the Oregon Department of Administrative Services. Except as otherwise provided in subparagraph (B) of this paragraph, upon approval of the request by the State Treasurer and the Director of the Oregon Department of Administrative Services, the facility may be financed with financing agreements, and certificates of participation issued pursuant thereto, as provided in ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) . All decisions approving or denying applications and requests for financing under this section are final. No such decision is subject to judicial review of any kind.

(B) If requests to finance county correctional facility projects are submitted after February 22, 1996, and the requests have not been approved by the department on the date a session of the Legislative Assembly convenes, the requests are also subject to the approval of the Legislative Assembly.

(c) After approval but prior to the solicitation of bids or proposals for the construction of a project, the county, group of counties or intergovernmental corrections entity and the department shall enter into a written agreement that determines the procedures, and the parties responsible, for the awarding of contracts and the administration of the construction project for the approved correctional facility. If the parties are unable to agree on the terms of the written agreement, the Governor shall decide the terms of the agreement. The Governor’s decision is final.

(d) After approval of a construction project, the administration of the project shall be conducted as provided in the agreement required by paragraph (c) of this subsection. The agreement must require at a minimum that the county, group of counties or intergovernmental corrections entity shall submit to the department any change order or alteration of the design of the project that, singly or in the aggregate, reduces the capacity of the correctional facility or materially changes the services or functions of the project. The change order or alteration is not effective until approved by the department. In reviewing the change order or alteration, the department shall consider whether the implementation of the change order or alteration will have any material adverse impact on the parties to any financing agreements or the holders of any certificates of participation issued to fund county correctional facilities under this section. In making its decision, the department may rely on the opinions of the Department of Justice, bond counsel or professional financial advisers.

(3) Notwithstanding ORS 283.085 (Definitions for ORS 283.085 to 283.092) , for purposes of this section, “financing agreement” means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement to finance a correctional facility described in this section, or to refinance a previously executed financing agreement for the financing of a correctional facility. The state is not required to own or operate a correctional facility in order to finance it under ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and this section. The state, an intergovernmental corrections entity, county or group of counties may enter into any agreements, including, but not limited to, leases and subleases, that are reasonably necessary or generally accepted by the financial community for purposes of acquiring or securing financing as authorized by this section. In financing county correctional facilities under this section, “property rights” as used in ORS 283.085 (Definitions for ORS 283.085 to 283.092) includes leasehold mortgages of the state’s rights under leases of correctional facilities from counties.

(4) Notwithstanding any other provision of state law, county charter or ordinance, a county may convey or lease to the State of Oregon, acting by and through the Department of Corrections, title to interests in, or a lease of, any real property, facilities or personal property owned by the county for the purpose of financing the construction, acquisition, expansion or remodeling of a correctional facility. Upon the payment of all principal and interest on, or upon any other satisfaction of, the financing agreement used to finance the construction, acquisition, expansion or remodeling of a correctional facility, the state shall reconvey its interest in, or terminate and surrender its leasehold of, the property or facilities, including the financed construction, acquisition, expansion or remodeling, to the county. In addition to any authority granted by ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements) , for the purposes of obtaining financing, the state may enter into agreements under which the state may grant to trustees or lenders leases, subleases and other security interests in county property conveyed or leased to the state under this subsection and in the property or facilities financed by financing agreements.

(5) In connection with the financing of correctional facilities, the Director of the Oregon Department of Administrative Services may bill the Department of Corrections, and the Department of Corrections shall pay the amounts billed, in the same manner as provided in ORS 283.089 (Authority of Director of Oregon Department of Administrative Services regarding financing agreements) . As required by ORS 283.091 (Governor’s budget to include amount needed to pay amounts due on unpaid financing agreements) , the Department of Corrections and the Oregon Department of Administrative Services shall include in the Governor’s budget all amounts that will be due in each fiscal period under financing agreements for correctional facilities. Amounts payable by the state under a financing agreement for the construction, acquisition, expansion or remodeling of a correctional facility are limited to available funds as defined in ORS 283.085 (Definitions for ORS 283.085 to 283.092) , and no lender, trustee, certificate holder or county has any claim or recourse against any funds of the state other than available funds.

(6) The director shall adopt rules that may be necessary for the administration, evaluation and implementation of ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) . The standards shall be sufficiently flexible to foster the development of new and improved supervision or rehabilitative practices and maximize local control.

(7) When a county assumes responsibility under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) for correctional services previously provided by the department, the county and the department shall enter into an intergovernmental agreement that includes a local community corrections plan consisting of program descriptions, budget allocation, performance objectives and methods of evaluating each correctional service to be provided by the county. The performance objectives must include in dominant part reducing future criminal conduct. The methods of evaluating services must include, to the extent of available information systems resources, the collection and analysis of data sufficient to determine the apparent effect of the services on future criminal conduct.

(8) All community corrections plans shall comply with rules adopted pursuant to ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) , and shall include but need not be limited to an outline of the basic structure and the supervision, services and local sanctions to be applied to offenders convicted of felonies, designated drug-related misdemeanors and designated person misdemeanors who are:

(a) On parole;

(b) On probation;

(c) On post-prison supervision;

(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

(e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision; and

(f) On conditional release under ORS 420A.206 (Conditional release) .

(9) All community corrections plans shall designate a community corrections manager of the county or counties and shall provide that the administration of community corrections under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) shall be under such manager.

(10) No amendment to or modification of a county-approved community corrections plan shall be placed in effect without prior notice to the director for purposes of statewide data collection and reporting.

(11) The obligation of the state to provide funding and the scheduling for providing funding of a project approved under this section is dependent upon the ability of the state to access public security markets to sell financing agreements.

(12) No later than January 1 of each odd-numbered year, the Department of Corrections shall:

(a) Evaluate the community corrections policy established in ORS 423.475 (Findings) , 423.478 (Duties of department and counties) , 423.483 (Baseline funding) and 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) ; and

(b) Assess the effectiveness of local revocation options.

(13) As used in this section, “designated drug-related misdemeanor” and “designated person misdemeanor” have the meanings given those terms in ORS 423.478 (Duties of department and counties) . [1977 c.412 §6; 1987 c.320 §222; 1989 c.790 §65; 1995 c.79 §218; 1995 c.423 §§4,4a; 1996 c.4 §§7,8; 1997 c.433 §11; 1999 c.156 §2; 1999 c.952 §2; 2016 c.117 §67; 2017 c.706 §18; 2021 c.581 §4]

Source: Section 423.525 — Application for financial aid; review of application; rules for program evaluation; use of funds; community corrections manager; modification of plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 419c.475 — OR Code / Title 34 / Chapter 419c / Section 419c.475
419C.475 Authority to order blood-borne infection testing
Status: in_force

(1) Whenever an adjudicated youth has been found to be within the jurisdiction of the court under ORS 419C.005 (Jurisdiction) (1) for having committed an act from which it appears that the transmission of body fluids from one person to another as described in ORS 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime) may have been involved or a sexual act may have occurred, the court shall order the adjudicated youth to submit to blood-borne infection testing as provided in ORS 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime) if the victim, or parent or guardian of the victim, requests the court to make such an order.

(2) The court may not order the adjudicated youth or the parent or guardian of the adjudicated youth to pay for or reimburse any agency for the cost of the test. [1993 c.331 §3; 2003 c.396 §118; 2019 c.280 §11; 2021 c.489 §81; 2021 c.597 §26]

Source: Section 419C.475 — Authority to order blood-borne infection testing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 414.867 — OR Code / Title 34 / Chapter 414 / Section 414.867
414.867 Deposit of assessments collected to Hospital Quality Assurance Fund
Status: repealed

Amounts collected by the Oregon Health Authority from the assessments imposed under ORS 414.855 (Hospital assessment) shall be deposited in the Hospital Quality Assurance Fund established under ORS 414.869 (Establishment of Hospital Quality Assurance Fund) . [2003 c.736 §8; 2005 c.757 §1; 2013 c.608 §6]

Note: 414.867 (Deposit of assessments collected to Hospital Quality Assurance Fund) is repealed January 2, 2031, and applies to net revenues earned by hospitals during the period specified in 414.871 (Applicability of hospital assessment) . See section 12, chapter 736, Oregon Laws 2003, as amended (note following 414.871 (Applicability of hospital assessment) ).

Note: See second note under 414.853 (Definitions) .

Source: Section 414.867 — Deposit of assessments collected to Hospital Quality Assurance Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 419b.656 — OR Code / Title 34 / Chapter 419b / Section 419b.656
419B.656 Tribal customary adoption
Status: in_force

(1) As used in this section, “tribal customary adoption” means the adoption of an Indian child, by and through the tribal custom, traditions or law of the child’s tribe, and which may be effected without the termination of parental rights.

(2) If the juvenile court determines that tribal customary adoption is in the best interests, as described in ORS 419B.612 (Best interests of Indian child) , of a ward who is an Indian child and the child’s tribe consents to the tribal customary adoption:

(a) The Department of Human Services shall provide the Indian child’s tribe and proposed tribal customary adoptive parents with a written report on the Indian child, including, to the extent not otherwise prohibited by state or federal law, the medical background, if known, of the child’s parents, and the child’s educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations.

(b) The court shall accept a tribal customary adoptive home study conducted by the Indian child’s tribe if the home study:

(A) Includes federal criminal background checks, including reports of child abuse, that meet the standards applicable under the laws of this state for all other proposed adoptive placements;

(B) Uses the prevailing social and cultural standards of the Indian child’s tribe as the standards for evaluation of the proposed adoptive placement;

(C) Includes an evaluation of the background, safety and health information of the proposed adoptive placement, including the biological, psychological and social factors of the proposed adoptive placement and assessment of the commitment, capability and suitability of the proposed adoptive placement to meet the Indian child’s needs; and

(D) Except where the proposed adoptive placement is the Indian child’s current foster care placement, is completed prior to the placement of the Indian child in the proposed adoptive placement.

(c) Intentionally left blank —Ed.

(A) Notwithstanding subsection (3) of this section, the court may not accept the tribe’s order or judgment of tribal customary adoption if any adult living in the proposed adoptive placement has a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or a crime involving violence.

(B) As used in this paragraph, “crime involving violence” has the meaning described by the Department of Human Services by rule, which must include rape, sexual assault or homicide, but may not include other physical assault or battery.

(3) Intentionally left blank —Ed.

(a) The juvenile court shall accept an order or judgment for tribal customary adoption that is filed by the Indian child’s tribe if:

(A) The court determines that tribal customary adoption is an appropriate permanent placement option for the Indian child;

(B) The court finds that the tribal customary adoption is in the Indian child’s best interests, as described in ORS 419B.612 (Best interests of Indian child) ; and

(C) The order or judgment:

(i) Includes a description of the modification of the legal relationship of the Indian child’s parents or Indian custodian and the child, including contact, if any, between the child and the parents or Indian custodian, responsibilities of the parents or Indian custodian and the rights of inheritance of the parents and child;

(ii) Includes a description of the Indian child’s legal relationship with the tribe; and

(iii) Does not include any child support obligation from the Indian child’s parents or Indian custodian.

(b) The court shall afford full faith and credit to a tribal customary adoption order or judgment that is accepted under this subsection.

(4) Intentionally left blank —Ed.

(a) Notwithstanding ORS 109.276 (Petition for adoption) , a tribal customary adoptive parent is not required to file a petition for adoption when the court accepts a tribal customary adoption order or judgment under subsection (3) of this section.

(b) The tribal customary adoptive parent shall file an Adoption Summary and Segregated Information Statement with accompanying exhibits as provided under ORS 109.287 (Adoption Summary and Segregated Information Statement) .

(c) Notwithstanding ORS 21.135 (Standard filing fee) , the clerk of the juvenile court may not charge or collect first appearance fees for a proceeding under this subsection.

(d) After accepting a tribal customary adoption order or judgment under subsection (3) of this section, the juvenile court that accepted the order or judgment shall proceed as provided in ORS 109.350 (Judgment of adoption or readoption) and enter a judgment of adoption. In addition to the requirements under ORS 109.350 (Judgment of adoption or readoption) , the judgment of adoption must include a statement that any parental rights or obligations not specified in the judgment are transferred to the tribal customary adoptive parents and a description of any parental rights or duties retained by the Indian child’s parents, the rights of inheritance of the child and the child’s parents and the child’s legal relationship with the child’s tribe.

(e) A tribal customary adoption under this section does not require the consent of the Indian child or the child’s parents.

(f) Upon the court’s entry of a judgment of adoption under this section, the court’s jurisdiction over the Indian child terminates as provided in ORS 419B.328 (Ward of the court) (2)(d).

(g) Records of adoptions filed and established under this subsection shall be kept in accordance with, and are subject to, ORS 109.289 (Separate record of the case) .

(5) Any parental rights or obligations not specifically retained by the Indian child’s parents in the juvenile court’s adoption judgment are conclusively presumed to transfer to the tribal customary adoptive parents.

(6) This section shall remain operative only to the extent that compliance with the provisions of this section do not conflict with federal law as a condition of receiving funding under Title IV-E of the Social Security Act.

(7) Intentionally left blank —Ed.

(a) The Department of Human Services shall adopt rules requiring that any report regarding a ward who is an Indian child that the department submits to the court, including home studies, placement reports or other reports required under ORS chapters 109, 418, 419A and 419B, must address tribal customary adoption as a permanency option.

(b) The Chief Justice of the Supreme Court may make rules necessary for the court processes to implement the provisions of this section.

(c) The State Court Administrator may prepare necessary forms for the implementation of this section. [2021 c.398 §65a]

Note: Section 80, chapter 398, Oregon Laws 2021, provides:

Sec. 80. Report to Legislative Assembly regarding tribal customary adoption. No later than March 15, 2024, the Department of Human Services shall submit a report to the interim committees of the Legislative Assembly related to the judiciary describing the department’s implementation of tribal customary adoption as described in section 65a of this 2021 Act [ 419B.656 (Tribal customary adoption) ], as an alternative permanency option for wards who are Indian children and the department’s recommendations for proposed legislation to improve the tribal customary adoption process. [2021 c.398 §80]

Source: Section 419B.656 — Tribal customary adoption; rules; forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 414.815 — OR Code / Title 34 / Chapter 414 / Section 414.815
414.815 Law Enforcement Medical Liability Account
Status: in_force

(1) The Law Enforcement Medical Liability Account is established separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the account. The moneys in the Law Enforcement Medical Liability Account are appropriated continuously to the Oregon Health Authority to pay expenses in administering the account and paying claims out of the account as provided in ORS 414.807 (Oregon Health Authority to pay for medical services related to law enforcement activity) .

(2) The liability of the Law Enforcement Medical Liability Account is limited to funds allocated to the account from the Criminal Fine Account, or collected from individuals under ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer) .

(3) The authority may contract with persons experienced in medical claims processing to provide claims processing for the account.

(4) The authority shall adopt rules to implement administration of the Law Enforcement Medical Liability Account including, but not limited to, rules that establish reasonable deadlines for submission of claims.

(5) Each biennium, the Oregon Health Authority shall submit a report to the Legislative Assembly regarding the status of the Law Enforcement Medical Liability Account. Within 30 days of the convening of each odd-numbered year regular session of the Legislative Assembly, the authority shall submit the report to the chair of the Senate Judiciary Committee and the chair of the House Judiciary Committee. The report shall include, but is not limited to, the number of claims submitted and paid during the biennium and the amount of money in the fund at the time of the report. [1991 c.778 §1; 1993 c.196 §10; 1999 c.1051 §256; 2005 c.804 §8; 2009 c.595 §344; 2011 c.545 §49; 2011 c.597 §62]

Note: See note under 414.805 (Liability of individual for medical services received while in custody of law enforcement officer) .

Source: Section 414.815 — Law Enforcement Medical Liability Account; limited liability; rules; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 419b.851 — OR Code / Title 34 / Chapter 419b / Section 419b.851
419B.851 Service of process
Status: in_force

(1) Except as otherwise provided in ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) , every order, every petition and answer subsequent to the original petition, every written motion other than one that may be heard ex parte and every written request and similar paper must be served upon each of the parties.

(2) Intentionally left blank —Ed.

(a) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party, and that party is represented by an attorney, the service must be made upon the attorney unless otherwise ordered by the court. Service upon the attorney or upon a party must be made by:

(A) Delivering a copy to the attorney or party;

(B) Mailing a copy to the attorney’s or party’s last known address;

(C) If the party is represented by an attorney, facsimile communication device as provided in subsection (6) of this section;

(D) Electronic mail as provided in subsection (7)(a) of this section; or

(E) Electronic service through the court’s electronic filing system under subsection (7)(b) of this section.

(b) As used in paragraph (a) of this subsection, “delivery of a copy” means:

(A) Handing it to the person to be served;

(B) Leaving it at the person’s office with the person’s clerk or a person apparently in charge of the office or, if there is no one in charge, leaving it in a conspicuous place in the office; or

(C) If the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with a person who is over 14 years of age and who resides at the dwelling house or usual place of abode.

(c) A party who has appeared without providing an appropriate address for service may be served by placing a copy of the paper required to be served in the court file. Service by mail is complete upon mailing. Service of any notice or other paper to bring a party into contempt may only be upon such party personally.

(3) When a petition is filed under subsection (1) of this section alleging that a child who is a foreign national is within the jurisdiction of the court, or when a motion is filed requesting implementation of a plan other than return of a ward to the ward’s parent, a copy of the petition or motion shall be served on the consulate for the child or ward’s country.

(4) Intentionally left blank —Ed.

(a) All papers required to be served upon a party under subsection (1) of this section must be filed with the court within a reasonable time after service.

(b) Except as otherwise provided in ORS 419B.812 (Issuance of summons) to 419B.839 (Required and discretionary summons) and 419B.845 (Restraining order when child abuse alleged) , proof of service of all papers required or permitted to be served may be by:

(A) Written acknowledgment of service;

(B) An affidavit of the person making service;

(C) A certificate of an attorney;

(D) When service is made by facsimile communication device, an affidavit or declaration of the person making service or a certificate of an attorney with the printed confirmation of receipt of the message that is generated by the facsimile machine attached to the affidavit or certificate;

(E) When service is made by electronic mail under subsection (7)(a) of this section, an affidavit or declaration of the person making the service, or certificate of an attorney, stating either that the party consented to service by electronic mail or that the person received confirmation that the message and attachment were received by the party and specifying the method by which the person received confirmation from the party; or

(F) If service is made by electronic service under subsection (7)(b) of this section, an affidavit or declaration of the person making service, or by certificate of an attorney, specifying that service was completed by electronic service.

(c) The proof of service required under paragraph (b)(E) or (F) of this subsection may not be by receipt of an automatically generated message indicating that the party is out of the office or an automatically generated delivery status notification.

(d) Proof of service may be made upon the papers served or as a separate document attached to the papers.

(5) The filing of any papers with the court must be made by filing them with the clerk of the court or the person exercising the duties of that office. The clerk or the person exercising the duties of that office shall indorse the time of day, day of the month, month and year upon the paper. The clerk or person exercising the duties of that office is not required to receive any paper for filing unless:

(a) The contents of the paper are legible; and

(b) All of the following are legibly indorsed on the front of the paper:

(A) The name of the court;

(B) The title of the cause and the paper;

(C) The names of the parties; and

(D) If there is one, the name of the attorney for the parties requesting filing.

(6) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party and that party is represented by an attorney, the service may be made upon the attorney by means of a facsimile if the attorney maintains such a device at the attorney’s office and the device is operating at the time service is made.

(7) Whenever under ORS 419B.800 (Applicability of ORS 419B.800 to 419B.929) to 419B.929 (Enforcement of certain orders and judgments) service is required or permitted to be made upon a party, unless the party or the party’s attorney is exempted from service by electronic mail or electronic service by an order of the court, the service may be made by one of the following means:

(a) Electronic mail. Service by electronic mail is complete under this subsection on confirmation of receipt of the electronic mail or, if the party has consented to service by electronic mail, on transmission of the electronic mail. A party or a party’s attorney must provide the name and electronic mail address of that party or that attorney on any document served by electronic mail. A party or attorney who has made service by electronic mail must notify other parties in writing of any changes to that party’s or that attorney’s electronic mail address.

(b) Electronic service using the electronic filing system provided by the Judicial Department in the manner prescribed in rules adopted by the Chief Justice of the Supreme Court. [2001 c.622 §15; 2003 c.143 §5; 2003 c.396 §34b; 2017 c.737 §9]

Source: Section 419B.851 — Service of process; filing; proof of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 409.300 — OR Code / Title 34 / Chapter 409 / Section 409.300
409.300 Domestic Violence Fund
Status: in_force

(1) There is established the Domestic Violence Fund in the Services to Children and Families Account of the General Fund established under ORS 409.260 (Services to Children and Families Account) .

(2) All moneys received by the Director of Human Services under ORS 106.045 (Fee for marriage license) or 106.330 (Registration fee) and any other funds allocated for expenditure under ORS 409.292 (Funding of programs relating to family, domestic and teen dating violence) shall be credited to the Domestic Violence Fund.

(3) All moneys credited to the Domestic Violence Fund are continuously appropriated for the purposes of ORS 409.292 (Funding of programs relating to family, domestic and teen dating violence) to be expended by the director as provided in ORS 409.290 (Definitions for ORS 409.290 to 409.300) and 409.292 (Funding of programs relating to family, domestic and teen dating violence) . However, the director shall expend not more than 10 percent of such moneys for administrative costs of the Department of Human Services incurred under ORS 409.290 (Definitions for ORS 409.290 to 409.300) and 409.292 (Funding of programs relating to family, domestic and teen dating violence) . [Formerly 108.660; 2007 c.99 §15]

Source: Section 409.300 — Domestic Violence Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors409.­html (accessed May 26, 2025).
ORS § 419c.380 — OR Code / Title 34 / Chapter 419c / Section 419c.380
419C.380 Evaluation
Status: in_force

(1) An evaluation ordered under ORS 419C.378 (Motion for finding that youth is unfit to proceed) must be conducted by a psychiatrist, a licensed psychologist or a regulated social worker. If an evaluation is requested, the party at whose request the evaluation was ordered shall notify the court and other parties of the date, time and location of the evaluation and the name of the evaluator chosen by the party. A party or the court may submit written information to the evaluator for consideration. When written information that has not been provided to the court or an opposing party is submitted to the evaluator, the party submitting the written information to the evaluator shall provide the written information to the court and the opposing party.

(2) Intentionally left blank —Ed.

(a) A county court or justice court shall order the county to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(b) A circuit court shall order the executive director of the Oregon Public Defense Commission to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(3) Pursuant to subsection (2) of this section, the county or the executive director of the Oregon Public Defense Commission shall pay:

(a) A reasonable fee to a psychiatrist, licensed psychologist or regulated social worker in private practice who conducts the evaluation; and

(b) All costs, including transportation of the youth, if the evaluation is conducted by a psychiatrist, licensed psychologist or regulated social worker employed by the Department of Human Services or is conducted by a community mental health program or community developmental disabilities program established under ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) .

(4) If an evaluation is ordered under ORS 419C.378 (Motion for finding that youth is unfit to proceed) , the county shall pay for the expense of the evaluation.

(5) After a motion is made by the court or the youth under ORS 419C.378 (Motion for finding that youth is unfit to proceed) (3), the state shall have the right to seek an independent evaluation at its own expense.

(6) A youth may not be removed from the youth’s current placement for the purpose of an evaluation performed under this section unless the youth has been placed in a detention facility as defined in ORS 419A.004 (Definitions) or a youth correction facility as defined in ORS 420.005 (Definitions) . [2013 c.709 §2; 2017 c.558 §1; 2021 c.597 §18; 2023 c.281 §69]

Note: See note under 419C.378 (Motion for finding that youth is unfit to proceed) .

Source: Section 419C.380 — Evaluation; payment for evaluation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 410.614 — OR Code / Title 34 / Chapter 410 / Section 410.614
410.614 Rights of home care and personal support workers
Status: in_force

(1) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.809) (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) .

(2) Home care workers and personal support workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration under ORS 243.742 (Binding arbitration when strike prohibited) as the method of concluding the collective bargaining process.

(3) Home care workers and personal support workers are not public employees with respect to the Public Employees Retirement System, the Oregon Public Service Retirement Plan or the Public Employees’ Benefit Board.

(4) Home care workers and personal support workers do not have the right to strike. [2001 c.901 §7; 2014 c.116 §9; 2018 c.75 §16]

Source: Section 410.614 — Rights of home care and personal support workers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).
ORS § 410.422 — OR Code / Title 34 / Chapter 410 / Section 410.422
410.422 Oregon Project Independence Fund
Status: in_force

(1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium are retained in the Oregon Project Independence Fund and do not revert to the General Fund.

(2) The Oregon Project Independence Fund consists of moneys appropriated to the fund by the Legislative Assembly, interest earned by the fund and moneys contributed to the fund by donors.

(3) Moneys in the Oregon Project Independence Fund are continuously appropriated to the Department of Human Services for the purpose of funding Oregon Project Independence as provided in ORS 410.410 (Definitions for ORS 410.410 to 410.480) to 410.480 (Required record keeping) . [2005 c.749 §1; 2011 c.723 §18]

Source: Section 410.422 — Oregon Project Independence Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).
ORS § 419c.309 — OR Code / Title 34 / Chapter 419c / Section 419c.309
419C.309 Service of summons or other process
Status: in_force

Summonses or other process issuing from the juvenile court may be served without further indorsement in any county of the state by an officer of the county in which the proceeding is pending, by an officer of the county in which the person to be served is found or by any person authorized by the court to serve the process. Except as otherwise provided in this chapter, the provisions of law or the Oregon Rules of Civil Procedure applicable to summonses in civil cases apply to summonses issued from juvenile court. [1993 c.33 §205]

Source: Section 419C.309 — Service of summons or other process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 419b.833 — OR Code / Title 34 / Chapter 419b / Section 419b.833
419B.833 Proof of service of summons or mailing
Status: in_force

(1) Except for service by publication, proof of service of summons or mailing must be made by:

(a) The certificate of the server if the summons is not served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons. If the person served was not personally served, the server shall state in the certificate when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate may be made by the person completing the mailing or the attorney for any party and must state the circumstances of mailing and have the return receipt attached.

(b) The sheriff’s or sheriff’s deputy’s certificate of service if the summons is served by a sheriff or a sheriff’s deputy. The certificate must indicate the time, place and manner of service and, if the person served was not personally served, when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate must state the circumstances of mailing and have the return receipt attached.

(2) Service by publication must be proved by an affidavit in substantially the following form:

STATE OF OREGON )

) ss.

County of______ )

I, ________, being first duly sworn, depose and say that I am the ________ (here set forth the title or job description of the person making the affidavit), of the________, a newspaper of general circulation published at ________ in the aforesaid county and state; that I know from my personal knowledge that the________, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper three times in the following issues: (here set forth dates of issues in which the same was published).

Subscribed and sworn to before me this _____ day of____________, 2___.

__________________

Notary Public for Oregon

My commission expires:____________.

(3) The affidavit of service may be made and certified before a notary public or other official authorized to administer oaths by the United States, any state or territory of the United States or the District of Columbia. The notary public or official shall affix the notary’s or official’s official seal, if any, to the affidavit. The signature of the notary or other official, when attested by the affixing of the official seal of the person, is prima facie evidence of authority to make and certify the affidavit.

(4) A certificate or affidavit containing proof of service may be made upon the summons or as a separate document attached to the summons.

(5) In addition to the other ways specified in this section, proof of service may be made by a written acceptance of service by the person who was served.

(6) If summons has been properly served, failure to make or file a proper proof of service does not affect the validity of the service. [2001 c.622 §11]

Source: Section 419B.833 — Proof of service of summons or mailing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 410.160 — OR Code / Title 34 / Chapter 410 / Section 410.160
410.160 Limitation on estate claims
Status: in_force

Nothing in ORS 409.010 (Department of Human Services) and 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) to 410.300 (Transfer of state employees to type B agency) extends estate claims requirements and procedures related to certain Title XIX services under current Oregon statutes and federal regulations to other services. [1981 c.784 §36; 1993 c.116 §5; 2005 c.22 §274; 2011 c.720 §85]

Source: Section 410.160 — Limitation on estate claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).
ORS § 419a.256 — OR Code / Title 34 / Chapter 419a / Section 419a.256
419A.256 When transcript of proceeding is part of record of case
Status: in_force

(1) Intentionally left blank —Ed.

(a) Once prepared and filed with the court, a transcript of a juvenile court proceeding is part of the record of the case maintained by the clerk of the court under ORS 419A.255 (Maintenance) (1) and is subject to the provisions of ORS 419A.255 (Maintenance) governing access and disclosure.

(b) Notwithstanding ORS 419A.255 (Maintenance) , if a transcript, audio recording or video recording has been prepared in any proceeding under ORS chapter 419C, the victim, child, ward, youth, adjudicated youth or young person or the parent or guardian of the child, ward, youth, adjudicated youth or young person may obtain a copy at no cost.

(2) If the court finds that the child, ward, youth, adjudicated youth or parent or guardian of the child, ward, youth or adjudicated youth is eligible for court-appointed counsel at state expense, the court shall order, upon motion, the transcript or part of the transcript to be furnished. The transcript or part of the transcript furnished under this subsection must be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(3) The official audio, video or other recording of a juvenile court proceeding shall be withheld from public inspection but is open to inspection by the persons described in ORS 419A.255 (Maintenance) (1)(b)(A) to (Q).

(4) With a finding of good cause and subject to any conditions the court finds appropriate, the court may provide a copy of the audio or video recording of a juvenile court proceeding to persons described in ORS 419A.255 (Maintenance) (1)(b)(A), (I), (J) and (M) to (Q). [2005 c.451 §3; 2007 c.609 §9; 2013 c.417 §4; 2014 c.71 §§4,5; 2021 c.489 §53; 2021 c.597 §27a]

Source: Section 419A.256 — When transcript of proceeding is part of record of case; access to transcript; disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html (accessed May 26, 2025).
ORS § 421.508 — OR Code / Title 34 / Chapter 421 / Section 421.508
421.508 Determination of eligibility for program
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751 (Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508) .

(b) The department may not accept an offender into a program unless the offender consents in writing and signs a program participation agreement, prepared by the department, containing a statement providing that the offender has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.

(c) The department may deny, for any reason, an offender’s participation in a program. The department shall make the final determination regarding an offender’s physical or mental ability to meet the requirements of the program.

(d) If the department determines that an offender’s participation in a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.

(2) The department may suspend or remove an offender from a program for administrative or disciplinary reasons.

(3) The department may not accept an offender into a program if:

(a) The department has removed the offender from a program during the term of incarceration for which the offender is currently sentenced; or

(b) The offender has a current detainer from any jurisdiction that will not expire prior to the offender’s release from the custody of the department.

(4) When an offender has successfully completed a program, the department may release the offender on post-prison supervision if:

(a) 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) ; and

(b) The offender has served a term of incarceration of at least one year.

(5) An offender may not be released on post-prison supervision under subsection (4) of this section if the release would reduce the term of incarceration the offender would otherwise be required to serve by more than 20 percent.

(6) For the purposes of calculating the term of incarceration served under subsection (4)(b) of this section, the department shall include:

(a) The time that an offender is confined under ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) (2)(a); and

(b) The time for which an offender is granted nonprison leave under ORS 421.510 (Eligibility for nonprison leave) .

(7) Successful completion of a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines. [1993 c.681 §4; 1997 c.313 §17; 2003 c.464 §4; 2008 c.35 §4; 2023 c.108 §5]

Note: See note under 421.500 (Findings) .

Source: Section 421.508 — Determination of eligibility for program; denial; suspension or removal; completion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 418.027 — OR Code / Title 34 / Chapter 418 / Section 418.027
418.027 Agreements for custody, care or treatment
Status: in_force

(1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment of the director or the authorized representative of the director, a child needs placement services after reaching 18 years of age, such services must be approved by the director or authorized representative.

(2) The agreement shall provide for such services as the child might require, such as the custody, care or treatment of the child for a time fixed in the agreement but not to exceed the time when the child reaches 21 years of age.

(3) The agreement shall be signed by the person or authorized representative of the agency providing the care or treatment and by the director or the authorized representative of the director.

(4) If the agreement provides for payments to the agency providing such services as the child may require, the department shall make these payments.

(5) The department shall adopt rules specifying criteria upon which the director shall base the judgment that a child needs placement services after reaching 18 years of age. [1987 c.157 §3]

Source: Section 418.027 — Agreements for custody, care or treatment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 423.105 — OR Code / Title 34 / Chapter 423 / Section 423.105
423.105 Payment of court-ordered financial obligations
Status: in_force

(1) As used in this section:

(a) “Adult in custody” means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. “Adult in custody” does not include:

(A) A person on leave from prison due to participation in an alternative incarceration program established under ORS 421.504 (Structured special alternative incarceration program) or 421.506 (Intensive alternative incarceration addiction program) or short-term transitional leave under ORS 421.168 (Transitional leave) .

(B) A person transferred into or out of department custody pursuant to an interstate corrections compact.

(C) A person in the physical custody of the Oregon Youth Authority.

(D) A person in the physical custody of a county jail or other county detention facility.

(b) “Collected moneys” means moneys that have been collected from an adult in custody trust account by the Department of Corrections pursuant to this section.

(c) “Court-ordered financial obligation” means:

(A) A compensatory fine imposed pursuant to ORS 137.101 (Compensatory fine) , an award of restitution as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) or any other fines, fees or court-appointed attorney fees imposed in a criminal action;

(B) A child support obligation;

(C) A civil judgment including a money award in which the Department of Justice is a judgment creditor; or

(D) A civil judgment including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

(d) “Criminal action” has the meaning given that term in ORS 131.005 (General definitions) .

(e) “Eligible moneys” means moneys deposited in an adult in custody trust account that are subject to collection under this section, including but not limited to adult in custody performance monetary awards and moneys received from family members or friends of the adult in custody. “Eligible moneys” does not include protected moneys.

(f) “Protected moneys” means moneys deposited in an adult in custody trust account that are not subject to collection under state or federal law or under this section including but not limited to:

(A) Disability benefits for veterans;

(B) Moneys received from a Native American tribe or tribal government;

(C) Moneys dedicated for medical, dental or optical expenses or emergency trips;

(D) Railroad retirement benefits; or

(E) Moneys paid as compensation to an adult in custody in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

(2) Intentionally left blank —Ed.

(a) Notwithstanding ORS 161.675 (Time and method of payment of fines, restitution and costs) , the Department of Corrections shall collect eligible moneys from an adult in custody trust account if the adult in custody owes court-ordered financial obligations as described in this section.

(b) Notwithstanding any other provision of this section, the department may deduct a fixed percentage of each adult in custody performance monetary award made to an adult in custody, to be credited to a general victims assistance fund, before crediting the remainder of the award to the adult in custody trust account.

(3) Intentionally left blank —Ed.

(a) The Judicial Department shall provide an accounting to the Department of Corrections of court-ordered financial obligations described in subsection (1)(c)(A) of this section, if any, owed by each adult in custody. The Department of Justice shall provide an accounting of court-ordered financial obligations described in subsection (1)(c)(B) and (C) of this section. The accounting records may be provided electronically in a format agreed upon by the departments.

(b) Upon receipt of the accounting records described in paragraph (a) of this subsection, the Department of Corrections shall collect a portion of eligible moneys from the adult in custody trust account of each adult in custody as follows:

(A) Until an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole has $500 in a transitional fund to facilitate reentry after release, 10 percent of eligible moneys shall be collected for court-ordered financial obligations and five percent of eligible moneys shall be collected and transferred to the transitional fund.

(B) After the adult in custody has at least $500 in the transitional fund, or if the adult in custody has been sentenced to death or to life imprisonment without the possibility of release or parole, the department shall collect 15 percent of eligible moneys for court-ordered financial obligations.

(C) After court-ordered financial obligations have been paid, an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole may elect to continue to transfer five percent of eligible moneys into the transitional fund.

(c) Notwithstanding ORS 18.615 (Garnishable property generally) or any other provision of law, while moneys held in a transitional fund described in this subsection remain within the custody or control of the Department of Corrections, those moneys are neither assignable nor subject to execution, garnishment, attachment or any other process.

(4) There are four levels of priority for the application of collected moneys to court-ordered financial obligations, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. The levels are as follows:

(a) Level I obligations are compensatory fines imposed pursuant to ORS 137.101 (Compensatory fine) , awards of restitution defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) and fines, fees or court-appointed attorney fees imposed in a criminal action.

(b) Level II obligations are civil judgments that include a money award in which the Department of Justice is a judgment creditor.

(c) Level III obligations are child support obligations.

(d) Level IV obligations are civil judgments including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

(5) Intentionally left blank —Ed.

(a) After receiving the accounting records described in subsection (3) of this section, the Department of Corrections shall disburse the collected moneys for court-ordered financial obligations to the Department of Justice and the Judicial Department, as appropriate.

(b) The Department of Justice and the Judicial Department shall apply the collected moneys received from the Department of Corrections under this subsection to the court-ordered financial obligations of an adult in custody according to the priority levels of the obligations.

(6) Intentionally left blank —Ed.

(a) The Department of Justice may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

(b) The Judicial Department may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

(c) The Department of Corrections may create subaccounts for the purposes of storing collected moneys prior to disbursement under this section.

(7) The Department of Corrections, the Department of Justice and the Judicial Department may adopt rules to implement this section. [2017 c.692 §1; 2018 c.120 §8; 2019 c.213 §99; 2019 c.474 §§3a,3b; 2023 c.108 §7]

Source: Section 423.105 — Payment of court-ordered financial obligations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 419c.388 — OR Code / Title 34 / Chapter 419c / Section 419c.388
419C.388 Objection to report
Status: in_force

(1) Any party to a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 (Jurisdiction) may file written objection to an evaluation report filed under ORS 419C.386 (Filing of report) within 14 days after the report is received by the party. The objection must state whether the party seeks another evaluation. If a party files an objection, the court shall hold a hearing within 21 days after the objection is filed with the court.

(2) If a written objection is not filed under this section, and the court does not adopt the evaluator’s opinion regarding the youth’s fitness to proceed, the court shall hold a hearing within 21 days after the report is filed with the court. The court may postpone the hearing for good cause shown.

(3) The court shall decide whether a youth is unfit to proceed by a preponderance of the competent evidence introduced at a hearing under this section. The order must set forth findings on the youth’s fitness to proceed. [2013 c.709 §6]

Note: See note under 419C.378 (Motion for finding that youth is unfit to proceed) .

Source: Section 419C.388 — Objection to report; hearing; findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 415.420 — OR Code / Title 34 / Chapter 415 / Section 415.420
415.420 Attachment or garnishment prohibited during delinquency proceeding
Status: in_force

During the pendency of a delinquency proceeding against a coordinated care organization, an action or proceeding to obtain an attachment, garnishment or execution may not be commenced or maintained in the courts of this state against the delinquent coordinated care organization or its assets. An attachment, garnishment or execution obtained prior to the commencement of a delinquency proceeding or at any time thereafter shall be void as against any rights arising in the delinquency proceeding unless the attachment, garnishment or execution obtained by the action or proceeding was obtained more than four months prior to the commencement of the delinquency proceeding. [2019 c.478 §40]

Source: Section 415.420 — Attachment or garnishment prohibited during delinquency proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html (accessed May 26, 2025).
ORS § 417.825 — OR Code / Title 34 / Chapter 417 / Section 417.825
417.825 Portions of certain filing fees dedicated to office
Status: in_force

(1) In addition to any other fees provided by law, the appropriate agency:

(a) When records of live birth are registered with the state, shall pay a $1 fee on each record of live birth registered with the agency.

(b) That issues certified copies of records of live birth for the state or a county, shall collect a $1 fee on each certified copy of a record of live birth issued by the agency.

(2) The agencies paying or collecting the fees described in subsection (1) of this section shall transfer moneys from the fees imposed by this section to the State Treasurer for deposit in the Department of Human Services Account established under ORS 409.060 (Department of Human Services Account) . The moneys deposited under this section are appropriated continuously to the Department of Human Services for use by the Office of Children’s Advocate for the administration of ORS 417.805 (Toll-free child abuse hotline) , 417.810 (Office of Children’s Advocate established) and 417.815 (Duties of office) . [1993 c.678 §11; 2003 c.591 §6; 2011 c.595 §111; 2013 c.366 §74]

Source: Section 417.825 — Portions of certain filing fees dedicated to office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 413.234 — OR Code / Title 34 / Chapter 413 / Section 413.234
413.234 Supplemental payments to emergency services providers
Status: in_force

(1) As used in ORS 413.234 (Supplemental payments to emergency services providers) and 413.235 (Emergency services intergovernmental transfer program) :

(a) “Emergency medical services” means the services provided by emergency medical services providers to an individual experiencing a medical emergency in order to:

(A) Assess, treat and stabilize the individual’s medical condition; or

(B) Prepare and transport the individual by ground to a medical facility.

(b) “Emergency medical services provider” or “provider” means an entity that employs individuals who are licensed by the Oregon Health Authority under ORS chapter 682 to provide emergency medical services and that is owned or operated by a local government, a state agency or a federally recognized Indian tribe.

(c) “Federal financial participation” means the portion of medical assistance expenditures for emergency medical services that are paid or reimbursed by the Centers for Medicare and Medicaid Services in accordance with the state plan for medical assistance.

(d) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(2) Upon request, an emergency medical services provider that has entered into a provider agreement with the authority or a contract with a coordinated care organization is eligible to receive Medicaid supplemental reimbursement from the authority or coordinated care organization for the cost of providing emergency medical services to a medical assistance recipient. The Medicaid supplemental reimbursement shall be added to the payment by the authority or coordinated care organization for the emergency medical services as permitted by the Centers for Medicare and Medicaid Services.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the Medicaid supplemental reimbursement paid to an emergency medical services provider shall be equal to the amount of federal financial participation received by the authority for the provider’s cost for the emergency medical services.

(b) The Medicaid supplemental reimbursement paid to a provider under this section may not exceed the provider’s actual costs for the emergency medical services, determined in accordance with standards established by the authority, less the amount of reimbursement that the provider is eligible to receive from all public and private sources.

(4) An emergency medical services provider shall make readily available to the authority documentation, data and certifications, as prescribed by the authority, necessary to establish that the emergency medical services expenditures qualify for federal financial participation and to calculate the amount of Medicaid supplemental reimbursement that is due.

(5) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the authority shall modify the method for calculating or paying the Medicaid supplemental reimbursement if modification is necessary to ensure that emergency medical services expenditures qualify for federal financial participation.

(b) This section does not authorize the payment of Medicaid supplemental reimbursement to an emergency medical services provider if the provider has not entered into a provider agreement with the authority, or a contract with a coordinated care organization, to serve medical assistance recipients.

(c) If the Centers for Medicare and Medicaid Services approves the implementation of this section and later revokes its approval or expresses its intent to revoke or refuse to renew its approval, the authority shall report the fact at the next convening of the interim or regular session committees of the Legislative Assembly related to health care.

(6) General Fund moneys may not be used to implement this section. As a condition of receiving Medicaid supplemental reimbursement, an emergency medical services provider must enter into and comply with an agreement with the authority to reimburse the authority for the costs of administering this section. [2016 c.34 §2; 2021 c.623 §4]

Source: Section 413.234 — Supplemental payments to emergency services providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 419b.603 — OR Code / Title 34 / Chapter 419b / Section 419b.603
419B.603 Definitions
Status: in_force

As used in ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) , unless the context provides otherwise:

(1) Intentionally left blank —Ed.

(a) “Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue.

(b) “Child custody proceeding” does not include:

(A) A proceeding for the custody or support of, or parenting time with, a child under ORS 109.100 (Petition for support) , 109.103 (Proceeding to determine custody or support of child) or 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) ; or

(B) An emergency proceeding.

(2) “Emergency proceeding” means any court action that involves the emergency removal or emergency placement of an Indian child, including removal under ORS 419B.150 (When protective custody authorized) , with or without a protective custody order, or a shelter care proceeding under ORS 419B.185 (Evidentiary hearing) .

(3) Intentionally left blank —Ed.

(a) “Extended family member” has the meaning given that term by the law or custom of an Indian child’s tribe.

(b) If the meaning of “extended family member” cannot be determined under paragraph (a) of this subsection, “extended family member” means a person who has attained 18 years of age and who is the Indian child’s grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or, as determined by the Indian child’s tribe, clan or band member.

(4) “Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606).

(5) “Indian child” means any unmarried person who has not attained 18 years of age and:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe.

(6) “Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in ORS 419B.606 (Custody) (1), of the Indian child, or to whom temporary physical care, custody and control has been transferred by the Indian child’s parent.

(7) “Indian tribe” or “tribe” means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c).

(8) “Juvenile court” has the meaning given that term in ORS 419A.004 (Definitions) .

(9) “Member” or “membership” means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe.

(10) “Parent” means:

(a) A biological parent of an Indian child;

(b) An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or

(c) A father whose parentage has been acknowledged or established under ORS 109.065 (Establishing parentage) or 419B.609 (Acknowledgment or establishment of parentage) .

(11) “Party” or “parties” means parties to a proceeding, as described in ORS 419B.875 (Parties to proceedings) .

(12) “Reservation” means Indian country as defined in 18 U.S.C. 1151 and any lands not covered under that section, title to which is held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation.

(13) “Tribal court” means a court with jurisdiction over Indian child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over Indian child custody proceedings. [2020 s.s.1 c.14 §2; 2021 c.398 §11]

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

Source: Section 419B.603 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 418.248 — OR Code / Title 34 / Chapter 418 / Section 418.248
418.248 Certification of proctor foster homes
Status: in_force

(1) A child-caring agency may certify a proctor foster home as a provider of care or services for children. The child-caring agency may not certify a proctor foster home under this section unless the child-caring agency determines that the proctor foster home meets minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable. The determination that a proctor foster home meets minimum standards and the certification by the child-caring agency must take place before placement of a child in the proctor foster home.

(2) Intentionally left blank —Ed.

(a) Prior to certification as a proctor foster home, an applicant shall provide the department or the youth authority, as applicable, and the child-caring agency with a release of information or other authorization sufficient to enable the department or the youth authority to release to the child-caring agency information about whether there is an ongoing investigation involving the applicant, or a finding of substantiated allegations of abuse or neglect by the applicant, related to a vulnerable person, including but not limited to a child, elderly person, person with a disability or person residing in a long term care facility as defined in ORS 442.015 (Definitions) , a residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , including but not limited to an assisted living facility, or an adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) . Within 30 days of receipt of a release or authorization under this paragraph, the department or the youth authority shall provide the child-caring agency with information regarding ongoing investigations involving, or substantiated allegations of abuse or neglect against, the applicant.

(b) In addition to the requirements of paragraph (a) of this subsection, an applicant must disclose in writing to the department or the youth authority, as applicable, and the child-caring agency any criminal conviction, imposition of a restraining or protective order against the applicant or abuse or neglect investigation of the applicant related to a vulnerable person as described in paragraph (a) of this subsection.

(3) If a decision is made not to certify a proctor foster home under this section for reasons related to an ongoing investigation involving the applicant, or findings of substantiated allegations of abuse or neglect by an applicant, the child-caring agency shall disclose to the applicant the reasons for the denial of certification.

(4) The department and the youth authority shall adopt rules to implement the provisions of this section. [2016 c.106 §6]

Source: Section 418.248 — Certification of proctor foster homes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 418.275 — OR Code / Title 34 / Chapter 418 / Section 418.275
418.275 Child-caring agency as guardian of child
Status: in_force

(1) A child-caring agency shall be the guardian of each child released or surrendered to the agency under the conditions provided in ORS 418.270 (Surrender of child to child-caring agency) and of each child committed to the agency by order of a court of competent jurisdiction.

(2) The child-caring agency may retain a child released, surrendered or committed to the agency in institutional care, or may place the child in proctor foster homes temporarily or as a member of a family. An agency maintains custody, control and guardianship of, and responsibility for, a child placed with a proctor foster home by the agency. If the agency deems the action proper and desirable, the agency may consent in loco parentis to the legal adoption of the child, subject to the conditions provided in ORS 418.270 (Surrender of child to child-caring agency) . [Formerly 419.130; 1967 c.375 §1; 1973 c.823 §134; 1983 c.510 §11; 2016 c.106 §15]

Source: Section 418.275 — Child-caring agency as guardian of child; power of agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 420a.015 — OR Code / Title 34 / Chapter 420a / Section 420a.015
420A.015 Director
Status: in_force

(1) The Oregon Youth Authority is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the youth authority.

(2) The Governor shall appoint the director, who holds office at the pleasure of the Governor.

(3) The director shall receive a salary as provided by law or, if not so provided, as prescribed by the Governor, and shall be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.

(4) For purposes of administration, subject to the approval of the Governor, the Director of the Oregon Youth Authority may organize and reorganize the youth authority as the director considers necessary to conduct properly the work of the youth authority.

(5) The director may divide the functions of the youth authority into administrative divisions. Each division is under the supervision of a person appointed by the director, subject to the approval of the Governor, to serve at the pleasure of the director and not to be subject to the State Personnel Relations Law. Each person must be well qualified by technical training and experience in the functions to be performed by the person. [1995 c.422 §5]

Source: Section 420A.015 — Director; appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors420A.­html (accessed May 26, 2025).
ORS § 420a.010 — OR Code / Title 34 / Chapter 420a / Section 420a.010
420A.010 Creation and duties
Status: in_force

(1) The Oregon Youth Authority is established. The youth authority shall:

(a) Supervise the management and administration of youth correction facilities, state parole and probation services, community out-of-home placement for adjudicated youths committed to its legal custody and other functions related to state programs for youth corrections;

(b) Provide capital improvements and capital construction necessary for the implementation of all youth correction facilities;

(c) Carry out dispositions of adjudicated youths committed to its legal custody;

(d) Exercise custody and supervision over those adjudicated youths committed to the youth authority by order of the juvenile court and persons placed in the physical custody of the youth authority under ORS 137.124 (Commitment of defendant to Department of Corrections or county) or other statute until the time that a lawful release authority authorizes release or terminates the commitment or placement;

(e) Provide adequate food, clothing, health and medical care, sanitation and security for confined adjudicated youths and others in youth authority custody;

(f) Provide adjudicated youths and others in youth authority custody with opportunities for self-improvement and work; and

(g) Conduct investigations and prepare reports for release authorities.

(2) To meet the individual circumstances of each person committed to its custody, the youth authority shall:

(a) Develop a flexible fee-for-service provider system that can respond quickly to each person’s identified and changing circumstances; and

(b) Develop a process for joint state and county review of contracts entered into under subsection (6)(b) of this section and paragraph (a) of this subsection based on:

(A) Measurable outcomes, which must include in dominant part the reduction of future criminal or antisocial conduct and which also must include:

(i) Academic progress;

(ii) Social adjustments;

(iii) Behavioral improvements;

(iv) Rearrests; and

(v) Other measurements as determined by the youth authority;

(B) Performance measurements including:

(i) Fiscal accountability;

(ii) Compliance with state and federal regulations;

(iii) Record keeping, including data collection and management; and

(iv) Reporting; and

(C) Provision of services identified under the reformation plan.

(3) In order to measure performance as required in subsection (2) of this section, the youth authority shall require parties to the contracts to compile, manage and exchange data to the extent of available information systems resources to facilitate the measurement of outcomes including, but not limited to, reduction in future criminal or antisocial conduct.

(4) The youth authority may administer a program of state assistance to counties for the construction and operation of local youth detention facilities or to purchase detention services.

(5) The youth authority shall accept and exercise legal or physical custody of adjudicated youths and others 12 years of age and over and under 25 years of age who are committed to, or placed with, the youth authority pursuant to:

(a) A juvenile court adjudication and disposition under ORS chapter 419C; or

(b) ORS 137.124 (Commitment of defendant to Department of Corrections or county) .

(6) Intentionally left blank —Ed.

(a) The youth authority shall cooperate with and assist county governments and juvenile departments in carrying out the principles and purposes of the juvenile justice system as provided in ORS 419C.001 (Purposes of juvenile justice system in delinquency cases) .

(b) The youth authority is authorized to contract with counties, groups of counties or private providers to administer juvenile corrections programs and services as provided in ORS 420.017 (Diversion plan) , 420.019 (Implementation of diversion plan) , 420A.145 (Regional youth accountability camps) and 420A.155 (Regional residential academies) (1) to (4).

(c) The youth authority may provide consultation services related to the juvenile justice system to local or statewide public or private agencies, groups and individuals or may initiate such consultation services. Consultation services include, but are not limited to, conducting studies and surveys, sponsoring or participating in educational programs and providing advice and assistance. Nothing in ORS 419C.001 (Purposes of juvenile justice system in delinquency cases) and 420A.005 (Definitions) to 420A.155 (Regional residential academies) is intended to diminish the state’s efforts to plan, evaluate and deliver effective human services programs to adjudicated youths, either in a youth correction facility or on probation or parole. Therefore, the Oregon Youth Authority and the Department of Human Services shall jointly develop and implement needed social and rehabilitative services.

(7) The youth authority is the recipient of all federal funds paid or to be paid to the state to enable the state to provide youth correction programs and services assigned to the Department of Human Services prior to January 1, 1996.

(8) The youth authority shall report its progress in implementing the provisions of chapter 422, Oregon Laws 1995, to the Legislative Assembly at each odd-numbered year regular session.

(9) The equal access provisions of ORS 417.270 (Policy on equal access) apply to the youth authority’s development and administration of youth correction facilities, programs and services, including the development and implementation of the diversion plan described in ORS 420.017 (Diversion plan) .

(10) Intentionally left blank —Ed.

(a) The youth authority shall:

(A) Be cognizant of and sensitive to the issue of overrepresentation of minority adjudicated youths in youth correction facilities;

(B) Endeavor to develop and operate, and require its subcontractors to develop and operate, culturally appropriate programs for adjudicated youths; and

(C) Intentionally left blank —Ed.

(i) Keep data reflecting the demographics, including race, ethnicity and gender, of all adjudicated youths committed to its care;

(ii) Keep data reflecting the demographics, including race, ethnicity and gender, of youth authority employees;

(iii) Keep data as necessary to monitor the measurable outcomes described in subsection (2)(b)(A) of this section; and

(iv) Regularly review and compare the measurable outcomes described in subsection (2)(b)(A) of this section with rates of recidivism, as defined by the youth authority under ORS 420A.012 (Recidivism) , and analyze the disparities in outcomes based on the demographics of the persons in the youth authority’s custody.

(b) In the development of the programs described in paragraph (a)(B) of this subsection, the youth authority shall take into consideration the demographic disparities among adjudicated youths and between adjudicated youths and youth authority employees and how those disparities may affect the cultural appropriateness of the programs.

(11) The youth authority may make financial grants to local units of government, nonprofit organizations and individuals from funds appropriated to the youth authority by the Legislative Assembly to meet the treatment and care needs of adjudicated youths committed to the custody of the youth authority to be able to respond quickly to each adjudicated youth’s identified and changing circumstances.

(12) The youth authority is a designated agency as defined in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350) . [1995 c.422 §2; 1997 c.433 §7; 2003 c.396 §142; 2011 c.545 §53; 2021 c.267 §3; 2021 c.489 §136; 2022 c.39 §3; 2023 c.118 §1]

Note: Legislative Counsel has substituted “chapter 422, Oregon Laws 1995,” for the words “this Act” in section 2, chapter 422, Oregon Laws 1995, compiled as 420A.010 (Creation and duties) . Specific ORS references have not been substituted pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

Source: Section 420A.010 — Creation and duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors420A.­html (accessed May 26, 2025).
ORS § 414.755 — OR Code / Title 34 / Chapter 414 / Section 414.755
414.755 Payment for hospital services
Status: in_force

The Oregon Health Authority shall establish fee-for-service reimbursement rates for inpatient hospital services provided by hospitals that receive Medicare reimbursement on the basis of diagnostic related groups as follows:

(1) For the period from October 1, 2009, through September 30, 2013, at the same rate paid by Medicare on the date of the service.

(2) For the period beginning October 1, 2013, at a rate that is 70 percent of the rate paid by Medicare on the date of the service. [2009 c.867 §29; 2009 c.828 §54]

Source: Section 414.755 — Payment for hospital services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 409.478 — OR Code / Title 34 / Chapter 409 / Section 409.478
409.478 Use of funds appropriated to program
Status: in_force

The Oregon Lifespan Respite Care Program may use the funds appropriated to the program for the following purposes:

(1) The purposes established in ORS 409.458 (Oregon Lifespan Respite Care Program established in department) and 409.462 (Community programs) ;

(2) Costs related to ongoing provider recruitment and training, information and referral, outreach and other components of the provision of local respite care;

(3) One time only start-up costs related to the establishment of the community lifespan respite care program;

(4) Administrative costs for maintaining ongoing program operation at both the state and local levels, including technology acquisition and upgrades to expand access to respite care services and to improve accountability; and

(5) The purchase of community-based respite care for families and individuals. [1997 c.745 §9; 2007 c.512 §6]

Source: Section 409.478 — Use of funds appropriated to program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors409.­html (accessed May 26, 2025).
ORS § 418.813 — OR Code / Title 34 / Chapter 418 / Section 418.813
418.813 Report
Status: in_force

(1) Subject to subsection (2)(b) of this section, each Critical Incident Review Team assigned under ORS 418.811 (Team assignment and membership) shall submit a detailed, written final report to the Department of Human Services no later than the 100th day following the date the department assigned the team.

(2) Intentionally left blank —Ed.

(a) Prior to publishing a final report under this section, the department shall take into consideration the following:

(A) Whether publication of the report is likely to compromise an ongoing investigation of a law enforcement agency, after the team has communicated with and obtained agreement of appropriate law enforcement agency representatives and the district attorney;

(B) Whether the report can be modified so as to permit publication of the report without compromising a law enforcement agency investigation; and

(C) Whether, as determined by the team with the advice and consultation of the Director of Human Services, the public interest outweighs the potential consequences to a law enforcement agency investigation as provided in ORS 192.345 (Public records conditionally exempt from disclosure) (3).

(b) The director may extend the deadline for publication of the final report if the director determines that the report, even if modified, will compromise a law enforcement agency investigation and the public interest does not outweigh the potential consequences.

(3) Each final report must include, to the extent determined, at a minimum:

(a) A description of the critical incident.

(b) The date of the critical incident.

(c) The date the department first became aware of the fatality.

(d) The date the department or a law enforcement agency caused an investigation to be made under ORS 419B.020 (Duty of department or law enforcement agency receiving report) to determine the nature and cause of the fatality.

(e) The date the findings in the case were entered under ORS 419B.026 (Required findings for investigation conducted under ORS 419B.020) .

(f) The date the department assigned the team.

(g) The dates of, and number of members in attendance at, each meeting of the team.

(h) Whether the director appointed members of the public to the team.

(i) The date the team submitted the final report to the department.

(j) A description of all department contacts with the deceased child regarding the critical incident, including contacts with the deceased child’s siblings or the deceased child’s parents, foster parents or other caretakers. The description of the department’s contacts under this paragraph must include a description of any relevant prior reports of abuse the department received involving the individuals identified in this paragraph. The description of relevant prior reports of abuse must include:

(A) A summary of the specific nature of any allegations of abuse;

(B) A summary of the assessment or investigation activities related to any allegations of abuse; and

(C) The disposition of the reports, including whether the reports were assigned for assessment or investigation.

(k) A description of any concerns the team has regarding actions taken or not taken by the department or law enforcement agencies in response to the critical incident or to the events that led to the critical incident.

(L) Any recommendations for improvements in the administration and oversight of the child welfare system that are specific to the critical incident and any historical information reviewed by the team.

(4) A final report under this section may include the team’s recommendations regarding training and intervention to support the department personnel involved in responding to critical incidents.

(5) Each final report shall be written in a manner that respects the dignity of the child, the child’s family and those involved in the critical incident case. Details about individuals involved in the case may not be included in the report unless the details are relevant to:

(a) The history of alleged abuse and neglect of the deceased child and the history of relevant alleged abuse and neglect of other children in the deceased child’s home at the time of the critical incident and the deceased child’s siblings.

(b) The exposure of the deceased child or any other children in the deceased child’s home at the time of the critical incident to domestic violence or substance abuse.

(c) The history of the department’s involvement with the family.

(d) The goal of constructively informing public policy related to child welfare, which may include public policies related to health care coordination, public health, suicide prevention, mental health and addiction services, poverty, law enforcement, chronic neglect, prevention services or other issues that affect the safety and well-being of Oregon families.

(6) A final report may not include the names of any person assigned to the team or any personally identifiable information regarding any person involved in the critical incident case, including but not limited to employees of the department, the Oregon Health Authority or law enforcement.

(7) Any statements contained in a final report or document created solely for the critical incident review process that are or may be construed as an admission of error, liability or violation of law, policy or practice are not admissible as evidence in any civil or administrative proceeding. This restriction does not apply to any document that existed prior to its use and consideration in a critical incident review or that is created independently of the critical incident review process. [2019 c.555 §4]

Note: See note under 418.806 (Policy) .

Source: Section 418.813 — Report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 411.320 — OR Code / Title 34 / Chapter 411 / Section 411.320
411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs
Status: in_force

(1) For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.

(2) Nothing in this section prohibits the disclosure or use of contents of records, files, papers or communications for purposes directly connected with the establishment and enforcement of support obligations pursuant to the Title IV-D program.

(3) Nothing in this section prohibits the disclosure of the address, Social Security number and photograph of any applicant or recipient to a law enforcement officer at the request of the officer. To receive information pursuant to this section, the officer must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b) Is violating a condition of probation or parole; or

(c) Has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the applicant or recipient is within such official duties.

(4) Nothing in this section prohibits disclosure of information between the department and the Oregon Health Authority for the purpose of administering public assistance programs.

(5) Nothing in this section prohibits disclosure of information for the purposes of making a report of suspected abuse as required under ORS 124.060 (Duty of officials to report) , 419B.010 (Duty of officials to report child abuse) , 430.765 (Duty of officials to report abuse) or 441.640 (Report of suspected abuse of resident required) . [1953 c.500 §5; 1971 c.779 §17; 1995 c.609 §8; 1997 c.581 §7; 2001 c.900 §88a; 2011 c.720 §100; 2023 c.271 §3]

Source: Section 411.320 — Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html (accessed May 26, 2025).
ORS § 423.569 — OR Code / Title 34 / Chapter 423 / Section 423.569
423.569 Annual summary
Status: in_force

(1) The board or boards of county commissioners that have convened a local public safety coordinating council shall publish an annual summary of program, service or budget changes made in response to the recommendations of the local public safety coordinating council described in ORS 423.560 (Local public safety coordinating council) and 423.565 (Additional duties of public safety coordinating council) .

(2) The summary described in subsection (1) of this section shall be provided to the local public safety coordinating council and the Oregon Criminal Justice Commission. [2007 c.682 §1]

Source: Section 423.569 — Annual summary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 419b.124 — OR Code / Title 34 / Chapter 419b / Section 419b.124
419B.124 Transfer to juvenile court from another court
Status: in_force

If during the pendency of a proceeding in any court other than a juvenile court it is ascertained that the age of the person who is the subject of the proceeding is such that the matter is within the exclusive jurisdiction of the juvenile court, it is the duty of the court in which the proceeding is pending to transfer the proceeding to the juvenile court of the county in which the proceeding is pending. The clerk of the court transferring the proceeding shall notify the clerk of the juvenile court of the transfer. [1993 c.33 §56; 2017 c.252 §16]

Source: Section 419B.124 — Transfer to juvenile court from another court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 419c.507 — OR Code / Title 34 / Chapter 419c / Section 419c.507
419C.507 Additional options
Status: in_force

The court may, in lieu of or in addition to any disposition under this chapter, direct that an adjudicated youth be examined or treated by a physician, psychiatrist or psychologist, or receive other special care or treatment in a hospital or other suitable facility. If the court determines that mental health examination and treatment should be provided by services delivered through the Oregon Health Authority, the Department of Human Services shall determine the appropriate placement or services in consultation with the court, the Oregon Youth Authority and other affected agencies. If the youth authority or another affected agency objects to the type of placement or services, the court shall determine the appropriate type of placement or service. During the examination or treatment of the adjudicated youth, the department may, if appropriate, be appointed guardian of the adjudicated youth. [1993 c.33 §248; 2001 c.900 §124; 2003 c.396 §124; 2009 c.595 §368; 2021 c.489 §91]

Source: Section 419C.507 — Additional options; consultation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 421.649 — OR Code / Title 34 / Chapter 421 / Section 421.649
421.649 Provision of public services
Status: in_force

(1) The Department of Corrections shall obtain public services necessary for the construction and operation of a women’s correctional facility and intake center complex in the manner provided under ORS 421.628 (Effect of decision of Corrections Facilities Siting Authority) (4) to (15).

(2) Regardless of the territorial limits of the public body providing public services to the complex, and notwithstanding any other law, upon request or application from the department, the public body shall provide any public service necessary for the construction and operation of the complex. During the pendency of any mediation, arbitration or judicial review proceeding under this section, the public body shall provide any public service necessary for the continued construction and operation of the complex, as requested by the department.

(3) The existence of a public service provided to the complex shall not be a consideration in support of or in opposition to an application for a land use decision, limited land use decision or expedited land division under ORS chapter 197, 197A, 215 or 227. [1999 c.982 §10]

Source: Section 421.649 — Provision of public services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html (accessed May 26, 2025).
ORS § 419b.118 — OR Code / Title 34 / Chapter 419b / Section 419b.118
419B.118 Venue
Status: in_force

(1) Subject to the provisions of subsections (2), (3) and (4) of this section, a juvenile court proceeding shall commence in the county of wardship if, at the commencement of the proceeding, wardship exists as a result of proceedings under this chapter, or, in the absence of such wardship, in the county where the child resides.

(2) If the proceeding is based on allegations of jurisdiction under ORS 419B.100 (Jurisdiction) (1)(a), (b) or (c), the proceeding may also commence in the county in which the alleged act or behavior took place.

(3) If the proceeding is based on allegations of jurisdiction under ORS 419B.100 (Jurisdiction) (1)(b), (c), (d), (e) or (f), the proceedings may also commence in the county where the child is present when the proceeding begins.

(4) A termination of parent-child relationship proceeding may be commenced in the county of wardship or where the child or ward resides or is found unless the child is an Indian child and the tribal court has assumed jurisdiction under ORS 419B.627 (Jurisdiction) . [1993 c.33 §54; 1993 c.546 §26; 2003 c.396 §36; 2020 s.s.1 c.14 §57]

Source: Section 419B.118 — Venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 418.345 — OR Code / Title 34 / Chapter 418 / Section 418.345
418.345 Adoption Applicable Child Savings Fund
Status: in_force

(1) The Adoption Applicable Child Savings Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Adoption Applicable Child Savings Fund shall be credited to the fund. Moneys in the Adoption Applicable Child Savings Fund at the end of a biennium are retained in the Adoption Applicable Child Savings Fund and do not revert to the General Fund.

(2) Moneys in the Adoption Applicable Child Savings Fund consist of:

(a) Moneys received by the Department of Human Services from the General Fund for adoption assistance payments under ORS 418.330 (Payments to adoptive parents or guardians) that have been calculated as General Fund applicable child savings in accordance with 42 U.S.C. 673(a)(8);

(b) Moneys donated to the Adoption Applicable Child Savings Fund;

(c) Moneys 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.

(3) Moneys in the Adoption Applicable Child Savings Fund are continuously appropriated to the Department of Human Services for the purpose of funding child welfare services.

(4) Moneys in the fund shall be used to supplement existing funds used for child welfare services and may not be used in lieu of these existing funds.

(5) 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) . [2017 c.637 §2]

Source: Section 418.345 — Adoption Applicable Child Savings Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 411.116 — OR Code / Title 34 / Chapter 411 / Section 411.116
411.116 Department contracts and intergovernmental agreements for providing social services to individuals
Status: in_force

In addition to its other powers, the Department of Human Services may adopt rules and enter into contracts and intergovernmental agreements, subject to availability of funds therefor and consistent with federal and state law and regulations, for the purpose of providing social services, including protection, job preparation and support services, reduction of unintended pregnancy and provision of information and referrals for community, medical and social resources, to those individuals in need of, or who request such services. [1975 c.180 §2 (enacted in lieu of 411.115); 1997 c.581 §5]

Source: Section 411.116 — Department contracts and intergovernmental agreements for providing social services to individuals; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html (accessed May 26, 2025).
ORS § 418.285 — OR Code / Title 34 / Chapter 418 / Section 418.285
418.285 Authority of department same as child-caring agency under ORS 418.270 to 418.280
Status: in_force

In addition to other powers and responsibilities of the Department of Human Services, the department has the same authority as a child-caring agency under ORS 418.270 (Surrender of child to child-caring agency) to 418.280 (Placement of children) . In exercising this authority, the department shall comply with the provisions of ORS 418.270 (Surrender of child to child-caring agency) to 418.280 (Placement of children) in the same manner as a child-caring agency. [Formerly 419.133; 1971 c.401 §22; 2003 c.14 §219; 2016 c.106 §17]

Source: Section 418.285 — Authority of department same as child-caring agency under ORS 418.270 to 418.280 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html (accessed May 26, 2025).
ORS § 419c.346 — OR Code / Title 34 / Chapter 419c / Section 419c.346
419C.346 Juvenile court’s retention of authority over parent
Status: in_force

If the juvenile court waives a youth to another court under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(b) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) for disposition as an adult, the juvenile court nevertheless may retain jurisdiction over the youth’s parents or guardians under ORS 419C.570 (Parent or guardian summoned subject to jurisdiction of court) . However, if the court enters an order of waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a) or 419C.364 (Waiver of future cases) , jurisdiction over the parents or guardians under ORS 419C.570 (Parent or guardian summoned subject to jurisdiction of court) shall terminate. [1993 c.33 §212; 1993 c.546 §77; 2019 c.634 §16]

Source: Section 419C.346 — Juvenile court’s retention of authority over parent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html (accessed May 26, 2025).
ORS § 414.628 — OR Code / Title 34 / Chapter 414 / Section 414.628
414.628 Innovator agents
Status: in_force

(1) Upon the request of a coordinated care organization, the Oregon Health Authority shall assign to the coordinated care organization one employee of the authority, called an innovator agent, to act as the single point of contact between the coordinated care organization and the authority. The innovator agent must be available to the organization on a day-to-day basis to facilitate the exchange of information between the coordinated care organization and the authority. The organization may provide a work space to enable the agent to be colocated at a site of the coordinated care organization if practical.

(2) Innovator agents must observe the meetings of the community advisory councils and report on the meetings to the authority.

(3) Not less than once every calendar quarter, all of the innovator agents must meet in person to discuss the ideas, projects and creative innovations planned or undertaken by their assigned coordinated care organizations.

(4) The innovator agent shall be made available by the authority for a period of four years beginning on the date that the coordinated care organization first contracts with the authority to be a coordinated care organization. Upon the request of the coordinated care organization, the authority may extend the period. [2012 c.8 §14]

Note: 414.628 (Innovator agents) 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 414.628 — Innovator agents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors414.­html (accessed May 26, 2025).
ORS § 409.070 — OR Code / Title 34 / Chapter 409 / Section 409.070
409.070 Department of Human Services Special Checking Account
Status: in_force

(1) There is established a Department of Human Services Special Checking Account in the State Treasury. Upon the written request of the Director of Human Services, the Oregon Department of Administrative Services shall draw payments in favor of the Department of Human Services to be charged against appropriations and other moneys available to the Department of Human Services in the same manner as other claims against the state, as provided in ORS chapter 293. All such payments shall be deposited in the special checking account and may be disbursed by check or other means acceptable to the State Treasurer.

(2) The special checking account may be used for the purpose of paying the administrative expenses of programs and services as assigned to the Department of Human Services by law, including the payment of expenses to be reimbursed by the federal government.

(3) In addition to the authority provided in ORS 293.180 (Agency petty cash fund) , the Department of Human Services may establish petty cash funds out of the special checking account or any account established in the State Treasury for the department. Small cash disbursements to pay the expenses of the department may be made from a petty cash fund. Periodically, the department shall request reimbursement for disbursements made from a petty cash fund. Upon receipt of a reimbursement payment from an appropriate account, the department shall use the payment to reimburse the petty cash fund. [Formerly 184.800; 1999 c.421 §3; 1999 c.829 §2; 2001 c.900 §62]

Source: Section 409.070 — Department of Human Services Special Checking Account; petty cash fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors409.­html (accessed May 26, 2025).
ORS § 419b.366 — OR Code / Title 34 / Chapter 419b / Section 419b.366
419B.366 Guardianship
Status: in_force

(1) A party, or a person granted rights of limited participation for the purpose of filing a guardianship motion, may file a motion to establish a guardianship. The motion must be in writing and state with particularity the factual and legal grounds for the motion.

(2) Except as otherwise provided in subsection (3) of this section, the facts supporting any finding made or relief granted under this section must be established by a preponderance of evidence.

(3) Upon the filing of a motion to establish guardianship under this section, the court shall make a finding, subject to the procedures under ORS 419B.636 (Inquiry to determine whether child is Indian child) (4), regarding whether there is reason to know that the child is an Indian child.

(4) Intentionally left blank —Ed.

(a) The court may grant the guardianship of an Indian child only:

(A) If the court has offered the parties the opportunity to participate in mediation as required under ORS 419B.517 (Mediation to be encouraged) ;

(B) If requested by the tribe, an agreement is in place that requires the proposed guardian to maintain connection between the Indian child and the Indian child’s tribe; and

(C) If after inquiry as required under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and notice as required under ORS 419B.639 (Notice to tribe in emergency proceeding) (2), the court:

(i) Finds, by clear and convincing evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642 (Qualified expert witness) , that the continued custody of the Indian child by the child’s parent or custody by the child’s Indian custodian is likely to result in serious emotional or physical damage to the Indian child;

(ii) Finds that active efforts under ORS 419B.645 (Active efforts) to reunite the Indian family did not eliminate the necessity for guardianship based on serious emotional or physical damage to the Indian child; and

(iii) Finds that the placement of the Indian child complies with the placement preferences as described in ORS 419B.654 (Placement preferences) (1) or, if not, upon the moving party’s motion under ORS 419B.654 (Placement preferences) (3), the court finds, by clear and convincing evidence, that there is good cause to depart from the placement preferences.

(b) The evidence under paragraph (a) of this subsection must show a causal relationship between the particular conditions in the Indian child’s home and the likelihood that custody or continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603 (Definitions) . Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph.

(c) As used in this subsection, “custody” and “continued custody” have the meanings described in ORS 419B.606 (Custody) .

(5) In a proceeding under this section, the court may receive testimony and reports as provided in ORS 419B.325 (Disposition required) .

(6) If the court has approved a plan of guardianship under ORS 419B.476 (Conduct of hearing) , the court may grant the motion for guardianship if the court determines, after a hearing, that:

(a) The ward cannot safely return to a parent within a reasonable time;

(b) Adoption is not an appropriate plan for the ward;

(c) The proposed guardian is suitable to meet the needs of the ward and is willing to accept the duties and authority of a guardian; and

(d) Guardianship is in the ward’s best interests. In determining whether guardianship is in the ward’s best interests, the court shall consider the ward’s wishes.

(7) Unless vacated pursuant to ORS 419B.368 (Review, modification or vacation of guardianship order) , a guardianship established under this section continues as long as the ward is subject to the court’s jurisdiction as provided in ORS 419B.328 (Ward of the court) . [2003 c.229 §2; 2007 c.333 §2; 2020 s.s.1 c.14 §44; 2021 c.398 §61]

Source: Section 419B.366 — Guardianship; motion; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 419b.854 — OR Code / Title 34 / Chapter 419b / Section 419b.854
419B.854 Computing statutory time periods
Status: in_force

(1) In computing any period of time prescribed or allowed by any applicable statute, by the local rules of any court or by order of court, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. If the period of time relates to serving a public officer or filing a document at a public office and if the last day falls on a day when that particular office is closed before the end of or for all of the normal work day, the last day is excluded in computing the period of time, in which event the period runs until the close of office hours on the next day the office is open for business. When the period of time prescribed or allowed, without including the extra time allowed by subsection (2) of this section, is less than seven days, intermediate Saturdays and legal holidays are excluded in the computation. As used in this subsection, a “legal holiday” means a day described in ORS 187.010 (Legal holidays) or 187.020 (Additional legal holidays) .

(2) Except for service of summons, whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days are added to the prescribed period. [2001 c.622 §16]

Source: Section 419B.854 — Computing statutory time periods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 413.008 — OR Code / Title 34 / Chapter 413 / Section 413.008
413.008 Chairperson
Status: in_force

(1) The Governor shall select from the membership of the Oregon Health Policy Board the chairperson and vice chairperson.

(2) A majority of the members of the board constitutes a quorum for the transaction of business.

(3) The board shall meet at least once every month and shall meet at least once every two years in each congressional district in this state, at a place, day and hour determined by the board. The board may also meet at other times and places specified by the call of the chairperson or a majority of the members of the board, or as specified in bylaws adopted by the board. [2009 c.595 §5]

Source: Section 413.008 — Chairperson; quorum; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors413.­html (accessed May 26, 2025).
ORS § 411.597 — OR Code / Title 34 / Chapter 411 / Section 411.597
411.597 Court may compel appearance of witness before petitioner
Status: in_force

(1) If at the hearing provided for in ORS 411.596 (Court order to show cause issued upon filing of petition for enforcement of subpoena) it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the required papers.

(2) Failure by the witness to comply with an order made pursuant to subsection (1) of this section shall be dealt with as for contempt of court. [Formerly 411.390]

Source: Section 411.597 — Court may compel appearance of witness before petitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html (accessed May 26, 2025).
ORS § 423.505 — OR Code / Title 34 / Chapter 423 / Section 423.505
423.505 Legislative policy on program funding
Status: in_force

Because counties are in the best position for the management, oversight and administration of local criminal justice matters and for determining local resource priorities, it is declared to be the legislative policy of this state to establish an ongoing partnership between the state and counties and to finance with appropriations from the General Fund statewide community correction programs on a continuing basis. The intended purposes of this program are to:

(1) Provide appropriate sentencing and sanctioning options including incarceration, community supervision and services;

(2) Provide improved local services for persons charged with criminal offenses with the goal of reducing the occurrence of repeat criminal offenses;

(3) Promote local control and management of community corrections programs;

(4) Promote the use of the most effective criminal sanctions necessary to protect public safety, administer punishment to the offender and rehabilitate the offender;

(5) Enhance, increase and support the state and county partnership in the management of offenders; and

(6) Enhance, increase and encourage a greater role for local government and the local criminal justice system in the planning and implementation of local public safety policies. [1977 c.412 §1; 1989 c.607 §1; 1995 c.423 §2]

Source: Section 423.505 — Legislative policy on program funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html (accessed May 26, 2025).
ORS § 409.161 — OR Code / Title 34 / Chapter 409 / Section 409.161
409.161 Report to Legislative Assembly on staffing and workload
Status: in_force

(1) The Department of Human Services shall report to all relevant committees of the Legislative Assembly at each odd-numbered year regular session with respect to department employees in the classified service who directly provide:

(a) Child welfare services under ORS 418.005 (Powers of department in connection with child welfare services) ;

(b) Temporary assistance for needy families under ORS 412.006 (Administration of temporary assistance for needy families program) ;

(c) Nutritional assistance under ORS 411.816 (Eligibility for and amount of assistance) ;

(d) Medical assistance eligibility determinations under ORS 411.404 (Determination of eligibility for medical assistance) ;

(e) Services to elderly persons and to persons with disabilities under ORS 410.070 (Duties of Department of Human Services) and 412.014 (State Family Pre-SSI/SSDI program) ; and

(f) Vocational rehabilitation services under ORS 344.530 (Department of Human Services rehabilitation duties) .

(2) The report of the department under this section shall address each of the following:

(a) Workload increases or decreases over the current biennium.

(b) Workload efficiencies achieved during the current biennium.

(c) Additional staffing needs or decreases in staffing needs that exist for the current biennium or that are projected for the next biennium, including a statement of the number of full-time equivalent positions that are vacant on the date the report is prepared or that can be double filled in order to meet any needs for additional staffing.

(3) As used in this section, “double filled” means that the department is using one budgeted full-time equivalent position to employ more than one employee. [2009 c.598 §1; 2011 c.545 §45; 2011 c.720 §80; 2016 c.117 §63]

Source: Section 409.161 — Report to Legislative Assembly on staffing and workload , https://www.­oregonlegislature.­gov/bills_laws/ors/ors409.­html (accessed May 26, 2025).
ORS § 417.090 — OR Code / Title 34 / Chapter 417 / Section 417.090
417.090 Definitions for ORS 417.090 to 417.105
Status: in_force

As used in ORS 417.090 (Definitions for ORS 417.090 to 417.105) to 417.105 (Medical assistance identification document) :

(1) “Adoption assistance” means financial and medical assistance to an adoptive family to assist the family with the costs associated with the needs of the adoptive child.

(2) “Adoption assistance state” means the state that has signed an adoption assistance agreement in a particular case.

(3) “Medical assistance” means programs for payment of medical and remedial care provided to eligible individuals.

(4) “Residence state” means the state in which a child who is the subject of an adoption assistance agreement is living.

(5) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of, or administered by, the United States. [1999 c.859 §1]

Source: Section 417.090 — Definitions for ORS 417.090 to 417.105 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors417.­html (accessed May 26, 2025).
ORS § 415.119 — OR Code / Title 34 / Chapter 415 / Section 415.119
415.119 Immunity from suit arising out of investigation, examination or provision or dissemination of information
Status: in_force

(1) Except in the case of malfeasance in office or willful or wanton neglect of duty, a cause of action does not arise and liability may not be imposed against the Oregon Health Authority, an authorized representative of the authority or any examiner appointed by the authority for:

(a) Any statements made or conduct performed in good faith pursuant to an examination or investigation.

(b) The authority’s collection, review, analysis or dissemination of the data and information collected from the filings required by rules adopted pursuant to 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) .

(2) A cause of action does not arise and liability may not be imposed against any person for communicating or delivering information or data to the authority or an authorized representative of the authority or examiner pursuant to an examination or investigation if the communication or delivery was performed in good faith and without fraudulent intent or an intent to deceive.

(3) This section does not abrogate or modify in any way any common law or statutory privilege or immunity otherwise enjoyed by any person to which subsection (1) or (2) of this section applies.

(4) The court may award reasonable attorney fees to the prevailing party in a cause of action arising out of activities of the authority or an examiner in carrying out an examination or investigation. [2019 c.478 §13]

Source: Section 415.119 — Immunity from suit arising out of investigation, examination or provision or dissemination of information; attorney fees to prevailing party authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html (accessed May 26, 2025).
ORS § 419b.803 — OR Code / Title 34 / Chapter 419b / Section 419b.803
419B.803 Jurisdiction
Status: in_force

(1) A juvenile court having subject matter jurisdiction has jurisdiction over:

(a) A party, who has been served in the matter as provided in ORS 419B.812 (Issuance of summons) to 419B.839 (Required and discretionary summons) to the extent that prosecution of the action is not inconsistent with the Constitution of this state and the Constitution of the United States;

(b) A child under 12 years of age who is the subject of a petition filed pursuant to ORS 419B.100 (Jurisdiction) ; and

(c) Any other party specified in ORS 419B.875 (Parties to proceedings) (1).

(2) Juvenile court jurisdiction is subject to ORS 109.701 (Short title) to 109.834 (Severability clause) . [2001 c.622 §3]

Source: Section 419B.803 — Jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html (accessed May 26, 2025).
ORS § 410.730 — OR Code / Title 34 / Chapter 410 / Section 410.730
410.730 Self-Sufficiency Trust Fund
Status: in_force

(1) The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to the benefit of this fund. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities by enabling parents, families and others to plan more secure futures for their dependents with disabilities or other named beneficiaries with disabilities without fear of loss of benefits or invasion of trust principal.

(2) The State Treasurer shall be custodian of the Self-Sufficiency Trust Fund, and the Oregon Department of Administrative Services shall direct payments from the trust fund upon vouchers properly certified by the Director of Human Services.

(3) The Director of Human Services may accept money from a self-sufficiency trust described in subsection (8) of this section for deposit in the Self-Sufficiency Trust Fund pursuant to an agreement with the trust. The Department of Human Services shall maintain separate accounting records in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit to each account moneys deposited in the Self-Sufficiency Trust Fund by a self-sufficiency trust described in subsection (8) of this section on behalf of a named beneficiary.

(4) The agreement, naming one or more beneficiaries residing in this state who have developmental disabilities, mental illness or physical disabilities or persons otherwise eligible for benefits or services due to disability, shall specify the supplementary care, support or treatment to be provided for each named beneficiary with the moneys deposited in the Self-Sufficiency Trust Fund.

(5) The State Treasurer shall credit interest on the Self-Sufficiency Trust Fund to the fund, and the Department of Human Services shall allocate the interest pro rata to the respective accounts of the named beneficiaries of the Self-Sufficiency Trust Fund.

(6) The moneys in each account together with any accumulated interest on that account shall be expended only to provide supplementary care, support and treatment for the named beneficiary in accordance with the terms of the agreement. The moneys from each account shall not be expended to provide supplementary care, support and treatment unless the named beneficiary is 18 years of age or older or is emancipated, or the parents of the beneficiary have died, or in cases of extreme, unforeseen hardship. If the agreement so provides, the moneys in each account may be expended for purposes other than providing supplementary care, support and treatment upon a showing of extreme, unforeseen hardship. The Department of Human Services shall by rule establish criteria for determining what conditions constitute extreme, unforeseen hardship allowing expenditure of moneys for purposes other than providing supplementary care, support and treatment.

(7) In the event that the Director of Human Services determines that the money in the account of a named beneficiary cannot be used for supplementary care, support or treatment of the beneficiary in a manner consistent with the agreement, the remaining money in the account, together with any accumulated interest, shall be promptly returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.

(8) A nonprofit corporation that is a 501(c)(3) organization under the United States Internal Revenue Code of 1954 and that is organized under the Nonprofit Corporation Act, Title 13-B, may establish a self-sufficiency trust for the purpose of providing for supplementary care, support or treatment of one or more persons who have developmental disabilities, mental illness or physical disabilities or persons otherwise eligible for benefits or services due to disability by depositing the proceeds in the Self-Sufficiency Trust Fund established under subsections (1) to (7) of this section.

(9) The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Self-Sufficiency Trust Fund shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. No interest in the principal or income of this trust shall be anticipated, assigned or encumbered, or shall be subject to any creditor’s claim or to legal process, prior to its actual receipt by the beneficiary. Furthermore, because of the special needs of the beneficiary, no part of the corpus thereof, nor principal nor undistributed income shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of the State of Oregon or of any other state, or of the United States or any other governmental agency.

(10) The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys maintained in the Self-Sufficiency Trust Fund in the beneficiary’s name. The director shall adopt rules necessary for the administration and the implementation of this subsection. [Formerly 412.700; 2007 c.70 §183]

Source: Section 410.730 — Self-Sufficiency Trust Fund; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html (accessed May 26, 2025).