reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.025 - Prevention, reduction or control of juvenile delinquency by county programs and activities.

(1) The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may:
(a) Conduct programs and carry on and coordinate activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment and operation of youth care centers, as defined in ORS 420.855, to care for children committed to the custody of the centers under ORS 420.865.
(b) Cooperate, coordinate or act jointly with any other county, any city or any appropriate officer or public or private agency in conducting programs and carrying on and coordinating activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment, support and maintenance of joint agencies, institutions or youth care centers to conduct such programs and carry on and coordinate such activities.
(c) Expend county moneys for the purposes referred to in paragraph (a) or (b) of this subsection.
(d) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a) or (b) of this subsection.
(2) All officers and agencies of a county, upon request, shall cooperate in so far as possible with the governing body of the county, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [Formerly 419.010; 1965 c.567 §§12,13; 1967 c.444 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.027 - Agreements for custody, care or treatment; rules.

(1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment of the director or the authorized representative of the director, a child needs placement services after reaching 18 years of age, such services must be approved by the director or authorized representative.
(2) The agreement shall provide for such services as the child might require, such as the custody, care or treatment of the child for a time fixed in the agreement but not to exceed the time when the child reaches 21 years of age.
(3) The agreement shall be signed by the person or authorized representative of the agency providing the care or treatment and by the director or the authorized representative of the director.
(4) If the agreement provides for payments to the agency providing such services as the child may require, the department shall make these payments.
(5) The department shall adopt rules specifying criteria upon which the director shall base the judgment that a child needs placement services after reaching 18 years of age. [1987 c.157 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.030 - Services to prevent, control and treat juvenile delinquency.

The Department of Human Services may provide consultation services related to the prevention, control and treatment of juvenile delinquency to local and statewide public and private agencies, groups and individuals or may initiate such consultation services. Consultation services include but are not limited to conducting studies and surveys, sponsoring or participating in education programs, and advising and assisting agencies, groups and individuals. [1971 c.401 §90; 1975 c.795 §1; 1995 c.79 §212]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.032 - Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities.

(1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, the state shall, by operation of law, be assignee of and subrogated to any right to support from any other person including any sums that may have accrued, up to the amount of assistance provided by the department. If the right to support is contained in a judgment or order that requires a single gross monthly payment for the support of two or more children, the assignment and right of subrogation shall be of such child’s proportionate share of the gross amount. The assignment shall be as provided in ORS 412.024.
(2) The department shall attempt to enter into agreements with any person who voluntarily gives custody of a child with a mental or physical disability to the department. Any agreement entered into shall set out the timely and nonadversarial settlement of child support obligations that the person may have with respect to the child. [1979 c.343 §4; 1995 c.502 §1; 1999 c.80 §75; 2003 c.73 §65; 2003 c.576 §445; 2007 c.70 §197]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.033 - Release of records to citizen review board; when findings of board public; rules.

The Department of Human Services may release pertinent portions of client or provider records to citizen review boards established by the department to hear client or provider grievances pursuant to rules of the department. The citizen review boards may make such information available to participants in the review of client or provider grievances. The findings of the citizen review board in client or provider grievances may be disclosed to the public, at the discretion of the department, if the aggrieved client or provider has disclosed information concerning the grievance to the public either directly or through another person or persons acting on behalf of the aggrieved client or provider. [1985 c.601 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.034 - Department responsible for costs of medical care of certain children in detention or lockup facilities; recovery of costs; obtaining additional funds.

(1) Notwithstanding ORS 169.140 or any other provision of law, within the availability of funds therefor, the Department of Human Services shall be responsible for the costs and expenses associated with the provision of medical care for any child in the care and custody of the Department of Human Services who is held in a juvenile detention facility or in a local correctional facility or lockup as defined in ORS 169.005.
(2) Nothing in subsection (1) of this section prevents the Department of Human Services from obtaining reimbursement for such costs and expenses as provided in ORS 419B.400, 419B.402, 419B.404 or 419B.406.
(3) If funds are not available to pay for medical costs as required by subsection (1) of this section, the Department of Human Services shall apply to the Emergency Board or to the Legislative Assembly for additional necessary funds.
(4) As used in this section, "medical care" means emergency medical care or medical care for a medical condition that existed prior to the child’s being held in a juvenile detention facility or in a local correctional facility or lockup. [1979 c.97 §1; 1993 c.33 §327; 2021 c.597 §70]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.035

[Formerly 419.052 and then 418.055; 1967 c.155 §1; 1969 c.69 §7; 1981 c.819 §1; 1983 c.414 §2; 1995 c.343 §45; 1999 c.59 §111; 2003 c.14 §211; 2007 c.861 §1; renumbered 412.001 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.036 - Child welfare report.

On or before November 1 of each even-numbered year, the Department of Human Services shall develop and submit a report to the appropriate legislative interim committees dealing with child welfare matters. The report shall cover the prior 24-month period and shall include, but need not be limited to:
(1) The number of children in foster care;
(2) The number of children that have had more than one foster care placement;
(3) The number of placements for each child described in subsection (2) of this section;
(4) The percentage of foster children placed apart from siblings;
(5) The number of placement changes experienced by foster children;
(6) The number and percentage of children placed with relatives; and
(7) The department’s Status of Children in Oregon’s Child Protection System annual report. [2007 c.238 §1]
Note:
418.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.039 - Policy on prohibited disqualifications of child welfare services providers.

(1) It is the policy of this state that an individual may not be disqualified from providing child welfare services to a child or ward:
(a) For the sole reason that the individual received child welfare services as a child or youth;
(b) For the sole reason that the individual is a person with a disability; or
(c) On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, gender expression or disability.
(2) Subsection (1) of this section applies to any person providing child welfare services to a child or ward, including but not limited to foster parents, proctor foster parents, adoptive parents, relative caregivers, safety providers and direct service providers. [2021 c.387 §8]
Note:
418.039 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.040

[Formerly 419.054 and then 418.060; 1969 c.468 §5; 1995 c.816 §1; 1997 c.581 §27; 2005 c.22 §289; 2007 c.861 §2; renumbered 412.006 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.041 - Governor’s Child Foster Care Advisory Commission; terms; compensation.

(1) The Governor’s Child Foster Care Advisory Commission is established.
(2)(a) The commission consists of 13 members appointed by the Governor.
(b) Notwithstanding paragraph (a) of this subsection, if a member of the commission is a representative of the Judicial Department, the Chief Justice of the Supreme Court shall appoint the member.
(3) The term of office of each member of the commission is four years, but a member serves at the pleasure of the Governor or, if the member is a representative of the Judicial Department, at the pleasure of the Chief Justice of the Supreme Court. Before the expiration of the term of a member, the Governor or the Chief Justice shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor or the Chief Justice shall make an appointment to become immediately effective for the unexpired term.
(4) The appointment of each member of the commission appointed by the Governor is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(5) A member of the commission is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing the functions of the commission shall be paid out of funds appropriated to the commission for that purpose. [2016 c.76 §1; 2021 c.457 §2]
Note:
418.041 to 418.044 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.042

[1975 c.458 §12; 1983 c.767 §4; 1995 c.816 §9; 1999 c.80 §74; 2003 c.14 §212; 2003 c.73 §66; 2007 c.861 §12; renumbered 412.024 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.043 - Membership of commission; meetings.

(1) The members of the Governor’s Child Foster Care Advisory Commission must be residents of this state with experience and expertise in the foster care system in this state, including but not limited to:
(a) Current or former foster parents and current or former foster children;
(b) Family members of individuals described in paragraph (a) of this subsection;
(c) Biological parents involved in the foster care system in this state;
(d) Representatives of advocacy organizations that advocate regarding issues pertaining to the foster care system in this state;
(e) Representatives of public, private, profit and nonprofit agencies, organizations and other entities with experience in, interest in and responsibility for the provision of care to children in the foster care system in this state;
(f) Members of the Oregon State Bar with expertise in family and juvenile dependency law;
(g) Representatives of law enforcement agencies and district attorneys;
(h) Former employees of the Department of Human Services, Oregon Health Authority and Department of Justice who were responsible for the administration and oversight of the child welfare and foster care systems in this state, including but not limited to former caseworkers and former court appointed special advocates;
(i) Representatives of the Judicial Department; and
(j) Representatives of federally recognized Indian tribes in Oregon and organizations serving Native Americans.
(2) The members of the commission shall select one of the commission’s members to serve as chairperson and another to serve as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.
(3) A majority of the members of the commission constitutes a quorum for the transaction of business.
(4) The commission shall meet at least once every three months at a time and place determined by the chairperson of the commission. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission.
(5) All agencies of state government, as defined in ORS 174.111, are directed to assist the commission in the performance of the commission’s duties, powers and obligations and, to the extent permitted by laws relating to confidentiality, to furnish information that the members of the commission consider necessary in order to further the work of the commission.
(6) The Department of Human Services shall provide the commission, including any advisory or technical committees established under ORS 418.046, with any necessary clerical and administrative staff support, including, at a minimum, one full-time equivalent (FTE) policy analyst. [2016 c.76 §3; 2021 c.457 §3]
Note:
See note under 418.041.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.045

[Formerly 419.056 and then 418.065; 1965 c.41 §1; 1995 c.816 §2; 1997 c.581 §28; 2007 c.861 §§3,3a; renumbered 412.009 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.070

[1961 c.712 §2; 1963 c.610 §3; 1967 c.155 §2; 1969 c.65 §1; 1973 c.464 §2; 1983 c.414 §3; 1985 c.622 §2; 1997 c.581 §31; 1999 c.59 §112; 2001 c.900 §114; 2003 c.14 §213; 2007 c.806 §14; 2007 c.861 §4; renumbered 418.647 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.075

[1961 c.712 §3; 1971 c.779 §54; 2003 c.14 §214; 2005 c.218 §7; 2007 c.861 §14; renumbered 412.034 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.130

[Formerly 419.070; 1975 c.387 §1; 1995 c.609 §9; 1997 c.581 §33; 2001 c.900 §115; 2003 c.14 §216; renumbered 412.074 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.155

[1969 c.281 §3; 1973 c.222 §1; 1995 c.816 §12; 1997 c.581 §39; 2003 c.14 §217; 2007 c.861 §6; renumbered 412.124 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.160

[1969 c.281 §4; 1973 c.222 §2; 1979 c.452 §1; 1995 c.816 §13; 2007 c.861 §19; renumbered 412.139 in 2007]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.189 - Policy on prevention of child abuse and neglect.

The Legislative Assembly recognizes that children are society’s most valuable resource and that child abuse and neglect is a threat to the physical, mental and emotional health of children. The Legislative Assembly further recognizes that assisting community-based private nonprofit and public organizations, agencies or school districts in identifying and establishing needed primary prevention programs will reduce the incidence of child abuse and neglect, and the necessity for costly subsequent intervention in family life by the state. Child abuse and neglect prevention programs can be most effectively and economically administered through the use of trained volunteers and the cooperative efforts of the communities, citizens and the state. [1985 c.549 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.190 - Centralized child abuse reporting system.

(1) As used in this section, "abuse reporting hotline" means a statewide toll-free telephone number operated by the Department of Human Services for reporting suspected abuse.
(2) The department shall develop and maintain a centralized child abuse reporting system. The system must include the abuse reporting hotline for oral reports of suspected abuse and a website for electronic reports of suspected child abuse. [2023 c.132 §1]
Note:
418.190 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.194 - Scheduling visitation around school attendance; records.

(1) As used in this section:
(a) "Foster care" has the meaning given that term in ORS 339.133.
(b) "Visitation" does not include medical appointments, court appearances or interviews with law enforcement or the Department of Human Services.
(2) When scheduling visitations for a child in foster care, the department must, to the extent practicable, schedule the visitations at times and places that do not require the child to miss part or all of a school day.
(3) If a child in foster care misses part or all of more than four school days in a semester due to visitations scheduled by the department, the child’s caseworker shall ensure that the department’s records regarding the child indicate the number of school days the child missed during that semester. [2021 c.333 §1]
Note:
418.194 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.200 - Definitions.

As used in ORS 418.200 to 418.202, "foster child" means a child who is in the legal custody of the Department of Human Services pursuant to the provisions of ORS chapter 418, 419B or 419C and who is or was placed in substitute care with a foster parent, a child-caring agency as defined in ORS 418.205 or an independent residence facility established, licensed, certified or authorized by the department under ORS 418.475. [2013 c.515 §1; 2021 c.59 §2]
Note:
418.200 to 418.202 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.202 - Oregon Foster Children’s Bill of Rights; rules.

(1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Bill of Rights, specifying the rights of foster children consistent with the provisions of ORS 418.201.
(2) The department shall periodically review the rules establishing the Oregon Foster Children’s Bill of Rights to ensure that the bill of rights complies with the principles and requirements set forth in ORS 418.201. The department shall promote the participation of current and former foster children in the development of the rules constituting the Oregon Foster Children’s Bill of Rights and the development of state foster care and child welfare policy. [2013 c.515 §3]
Note:
See note under 418.200.
Note:
Sections 1 to 3, chapter 210, Oregon Laws 2023, provide:
Sec. 1.
(1) The Department of Human Services shall procure, distribute and maintain an inventory of appropriate luggage carriers for child welfare case workers to use when transporting the personal effects of a foster child, including when the foster child is entering into or transitioning or exiting from foster care.
(2) The department shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to human services no later than September 15 of each year. The report must describe the number of instances in the preceding reporting period that trash bags were used to transport a foster child’s personal effects, the reasons for using the trash bags, the department’s supply of appropriate luggage carriers and its supply inventory management practices. [2023 c.210 §1]
Sec. 2.
The report described in section 1 (2) of this 2023 Act is first due September 15, 2024. [2023 c.210 §2]
Sec. 3.
Section 1 of this 2023 Act is repealed on January 2, 2029. [2023 c.210 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.210 - Application of ORS 418.205 to 418.327.

ORS 418.205 to 418.327 shall not apply to:
(1) Homes established and maintained by fraternal organizations wherein only members, their spouses and surviving spouses in marriages and children are admitted as residents;
(2) Any foster home that is subject to ORS 418.625 to 418.645;
(3) Any child care facility that is subject to ORS 329A.030 and 329A.250 to 329A.450;
(4) Any individual, or home of an individual, providing respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056;
(5) Any private agency or organization facilitating the provision of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056; or
(6) A shelter-care home that is subject to ORS 418.625 to 418.645.
(7) Any governmental entity, other than a county program, that is a provider of care or services for children, including but not limited to the Oregon Youth Authority. [Formerly 419.105; 1975 c.310 §2; 1983 c.510 §2; 1995 c.278 §49; 2010 c.60 §2; 2011 c.278 §2; 2015 c.629 §48; 2016 c.106 §2; 2019 c.513 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.215 - Child-caring agency to be licensed, certified or authorized.

(1) A child-caring agency may not provide or engage in any care or services described in ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency is licensed, certified or otherwise authorized to provide or engage in the provision of care or services to a child by the Department of Human Services under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.
(2) A child-caring agency that provides care or services to a child may not be licensed, certified or authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency:
(a) Is duly incorporated under the corporation laws of any state; or
(b) Is a county program. [Formerly 419.106; 1975 c.310 §3; 1977 c.717 §16; 1983 c.510 §3; 1987 c.94 §131; 2011 c.597 §192; 2016 c.106 §3; 2019 c.619 §13a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.246 - Bond for outdoor youth program licensure.

(1) In addition to any requirements for licensure established by the Department of Human Services, each outdoor youth program that is applying for licensure as a child-caring agency shall file with the department a bond in the amount of $50,000 or 50 percent of the program’s yearly budget, whichever amount is less. The bond shall be issued by a surety company or an insured institution, as defined in ORS 706.008, authorized to do business in this state.
(2) The bond required under subsection (1) of this section shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section. The surety or insured institution shall give the department at least 30 days’ written notice before it cancels or terminates its liability under the bond.
(3) An action on the bond may be brought by any person aggrieved by the misconduct of an outdoor youth program required to be licensed under ORS 418.205 to 418.327. [2001 c.809 §6; 2016 c.106 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.248 - Certification of proctor foster homes; rules.

(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)(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, a residential facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an adult foster home as defined in ORS 443.705. 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.250 - Supervision of child-caring agencies.

In order to enable the Department of Human Services to supervise and monitor all child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 and all providers of care or services to children in this state, and to safeguard children receiving care or services from such agencies or providers, the department may require the child-caring agency or provider, and any juvenile court as defined in ORS 419A.004, to provide at any time, in the manner prescribed by rules adopted by the department, such information as the department requires with respect to a child who is receiving care or services from the agency or provider, or who is the subject of an order entered by the juvenile court. All information requested or received by the department under this section is confidential and not subject to public disclosure or inspection. [Formerly 419.120; 1971 c.401 §18; 2016 c.106 §9; 2018 c.40 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.256 - Interference with disclosure of information; rules.

(1) A child-caring agency may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the child-caring agency, violations of licensing or certification requirements, criminal activity at the child-caring agency, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the child-caring agency to:
(a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the child-caring agency; or
(b) A family member, guardian or other person who is acting on behalf of the child.
(2) A child-caring agency interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information; or
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.
(3) The department may revoke or suspend the license, certification or authorization of a child-caring agency that is found to have violated subsection (1) of this section.
(4) The department shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of:
(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or
(b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.262 - Minimum staffing required for licensing, inspection and investigation; rules.

(1) The Department of Human Services shall maintain a staff of a minimum of five full-time equivalent employees who are responsible for the issuance, renewal, suspension or revocation of, or for the placing of conditions on, licenses, certifications or other authorizations issued under ORS 418.240 and 418.248, and for the inspection and investigation of child-caring agencies licensed, certified or otherwise authorized by the department.
(2) The department shall adopt rules to develop workload models to measure the adequacy of staff to workload under subsection (1) of this section. [2016 c.106 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.263 - Child-Caring Agencies Account.

There is established in the General Fund of the State Treasury the Child-Caring Agencies Account. All moneys received by the Department of Human Services under ORS 418.998 (2) and such other moneys as may be otherwise made available by law shall be paid into the State Treasury and credited to the Child-Caring Agencies Account. Moneys in the account are continuously appropriated to the department and must be used only for the administration and enforcement of ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 or 418.992 to 418.998. [2009 c.846 §2; 2016 c.106 §12; 2021 c.193 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.265 - Reports; audit.

(1) All child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 shall report to the Department of Human Services at such times and with such information as the department prescribes in rules adopted by the department, including but not limited to financial information about the cost to provide care or services for a child.
(2) Information submitted in reports under this section is a public record and open for inspection by any person without order of a court. [Formerly 419.126; 1971 c.401 §21; 1983 c.478 §1; 2016 c.106 §13; 2018 c.40 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.275 - Child-caring agency as guardian of child; power of agency.

(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 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. [Formerly 419.130; 1967 c.375 §1; 1973 c.823 §134; 1983 c.510 §11; 2016 c.106 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.280 - Placement of children.

(1) A child-caring agency may not place a child with a proctor foster home unless the home has been determined by the child-caring agency to meet minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable, and has been certified by the child-caring agency pursuant to ORS 418.248.
(2) In placing a child with a proctor foster home that has been determined to meet minimum standards and that has been certified by a child-caring agency under this section and ORS 418.248, the child-caring agency shall:
(a) Safeguard the welfare of the child by the thorough investigation of each applicant and home and its environment;
(b) Carefully select the child to suit the new relationship and location;
(c) Personally and adequately supervise the home and child until the child returns to the direct care of the child-caring agency or, if permanently placed, receives legal adoption or attains legal age; and
(d) So far as practicable, place the child in a family of the same religious faith as that held by the child or the child’s parents.
(3) A child-caring agency maintains custody, control and responsibility for and, where applicable under ORS 418.275, guardianship of a child placed with a proctor foster home by the child-caring agency. [Formerly 419.132; 1983 c.510 §12; 2003 c.14 §218; 2016 c.106 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.285 - Authority of department same as child-caring agency under ORS 418.270 to 418.280.

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 to 418.280. In exercising this authority, the department shall comply with the provisions of ORS 418.270 to 418.280 in the same manner as a child-caring agency. [Formerly 419.133; 1971 c.401 §22; 2003 c.14 §219; 2016 c.106 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.290 - Child placement by nonresident.

No person, agent, agency or institution of another state shall place a child in a child-caring agency or proctor foster home in this state without first having furnished the Department of Human Services such guarantee as the department may require against the child becoming a public charge within five years from the date of the placement. [Formerly 419.134; 1971 c.401 §23; 1975 c.310 §8; 2016 c.106 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.295 - Certain attorneys not to represent prospective adoptive parents; employees not to recommend any attorney to prospective adoptive parents.

(1) No attorney employed by the State of Oregon shall represent prospective adoptive parents in the parents’ attempt to adopt a child being cared for under the provisions of ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.625 to 418.685 and 418.647.
(2) No employee of the Department of Human Services shall recommend any attorney to serve as counsel for prospective adoptive parents. [Formerly 419.135; 1969 c.597 §254; 1971 c.401 §24; 2001 c.900 §118; 2016 c.106 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.300 - When child placement by private persons prohibited.

A private individual, including midwives, physicians, naturopathic physicians, nurses, hospital officials and all officers and employees or representatives of unauthorized agencies, organizations or institutions, may not engage in child-placing work, except that relatives of the first and second degrees may thus provide for children of their own blood. [Formerly 419.136; 1983 c.510 §13; 2017 c.356 §37]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.302 - Administrative review required for certain children in voluntary placement.

For those children who have remained in voluntary placement for 18 months, an administrative review by the Department of Human Services shall be required. The department shall review the same information required in reports on children placed pursuant to court order. [1981 c.777 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.305 - Access to child receiving care or services.

(1) The Department of Human Services may require any child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 to disclose to the department the location and circumstances of any child for whom the agency is providing care or services.
(2) The child-caring agency shall permit immediate access to a child receiving care or services, and to any area of the premises upon which the child receives care or services, to the following:
(a) Employees and representatives of the department;
(b) The child’s attorney;
(c) The child’s court appointed special advocate;
(d) The parent or legal guardian of the child if the child has not been committed to the custody of the department or the Oregon Youth Authority;
(e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child; and
(f) Any other person authorized by the department.
(3) The purposes for which access to a child or premises under this section may be allowed include, but are not limited to, the following:
(a) To ascertain the circumstances and condition of a child placed with the child-caring agency.
(b) To determine the quality of the care or services provided to a child by the agency.
(c) To ensure the health, safety and welfare of a child receiving care or services from the agency. [Formerly 419.138; 1971 c.401 §25; 2003 c.14 §220; 2016 c.106 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.306 - Denial of visitation by child-caring agency as disciplinary measure prohibited.

A child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that is providing care or services to a child may not deny a parent, guardian or sibling of the child the right to visit the child solely as a disciplinary measure against the child. [1993 c.785 §2; 2016 c.106 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.307 - Medical or dental treatment of children without consent; conditions; immunity of treating personnel.

(1) A physician licensed by the Oregon Medical Board, a naturopathic physician licensed under ORS chapter 685, a dentist licensed by the Oregon Board of Dentistry or a hospital licensed by the Department of Human Services is authorized to treat a child who is ward of the court or is a dependent or delinquent child in accord with the best medical judgment of the physician, naturopathic physician, dentist or responsible official of the hospital and without consent if:
(a) Because of the general state of the child’s health or any particular condition, the physician, naturopathic physician, dentist or responsible official of the hospital determines that in the medical judgment of the physician, naturopathic physician, dentist or responsible official prompt action is reasonably necessary to avoid unnecessary suffering or discomfort or to effect a more expedient or effective cure; and
(b) It is impossible or highly impractical to obtain consent for treating the child from the child-caring agency, the child’s parent or the child’s legal guardian.
(2) No charge of assault or battery shall be made against a physician, naturopathic physician, dentist or hospital official or employee who provides medical treatment pursuant to subsection (1) of this section.
(3) A minor child described in subsection (1) of this section may consent to medical treatment as provided in ORS 109.640. [1975 c.580 §2; 2017 c.356 §38; 2023 c.228 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.310 - Application of statutes to institutions caring for adults and children.

ORS 418.205 to 418.327 and 418.992 to 418.998 apply to private agencies and institutions for the combined care of adults and children where the care for children includes day or residential treatment or care. [Formerly 419.140; 1983 c.510 §14; 2019 c.13 §46]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.315 - Department may provide foster care for children surrendered or committed to department.

The Department of Human Services may, in its discretion, provide foster care and other services for any child who has been surrendered under ORS 418.270, as authorized by ORS 418.285, to the department for adoption or has been permanently committed to the department by order of court. [Formerly 419.142; 1969 c.45 §9; 1971 c.401 §26; 1971 c.779 §63]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.318 - Authority to pay for qualified residential treatment programs.

The Department of Human Services may engage and make reasonable payment for services of persons to make available, maintain and operate a child-caring agency, as defined in ORS 418.205, that is a qualified residential treatment program described in ORS 418.323 that provides residential care and treatment to a child, as defined in ORS 418.205, who, based on an independent assessment described in ORS 418.324, requires specialized, evidence-based supports and services related to the effects of trauma or mental, emotional or behavioral health needs. [2020 s.s.1 c.19 §19b]
Note:
418.318 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.319 - Goal regarding placed children receiving federal assistance.

For each federal fiscal year beginning on and after October 1, 1983, the Department of Human Services establishes as a goal that no more than 33 percent of the children receiving assistance in foster home or substitute care placements under Title 4E of the Social Security Act shall have been in such placement at any time during that fiscal year for a period in excess of 24 months. The department shall report to each odd-numbered year regular session of the Legislative Assembly with its plan for achieving its goal and any plans for reducing the number or percentage of children in such placements during the period before the next October 1. [1981 c.251 §1; 2011 c.545 §52]
Note:
418.319 was added to and made a part of ORS chapter 418 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.