Oregon Revised Statute Chapter 419b on Reporting Of Child Abuse

Question 1

(1)(a) “Abuse” means:

(A) Any assault,

Answer 1

(A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury.

Question 2

(1)(a) “Abuse” means:

(B) Any mental injury to a child

Answer 2

(B) Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.

Question 3

(1)(a) “Abuse” means:

(C) Rape of a child

Answer 3

(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are described in ORS chapter 163.

Question 4

(1)(a) “Abuse” means:

(D) Sexual abuse

Answer 4

(D) Sexual abuse, as described in ORS chapter 163.

Question 5

(1)(a) “Abuse” means:

E) Sexual exploitation (i

Answer 5

(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS 163.665 and 163.670, sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 or which is designed to serve educational or other legitimate purposes; and

(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as described in ORS 163.413 or to patronize a prostitute as described in ORS 167.008.

Question 6

(1)(a) “Abuse” means:

E) Sexual exploitation (ii

Answer 6

(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as described in ORS 163.413 or to patronize a prostitute as described in ORS 167.008.

Question 7

(1)(a) “Abuse” means:

(F) Negligent treatment or maltreatment of a child

Answer 7

(F) Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child.

Question 8

(1)(a) “Abuse” means:

(G) Threatened harm to a child,

Answer 8

(G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare.

Question 9

(1)(a) “Abuse” means:

(H) Buying or selling a person

Answer 9

(H) Buying or selling a person under 18 years of age as described in ORS 163.537.

Question 10

(1)(a) “Abuse” means:

(I) methamphetamines

Answer 10

(I) Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured.

Question 11

(1)(a) “Abuse” means:

(J) Unlawful exposure to a controlled substance,

Answer 11

(J) Unlawful exposure to a controlled substance, as defined in ORS 475.005, that subjects a child to a substantial risk of harm to the child’s health or safety.

Question 12

(b) “Abuse” does not include:

Answer 12

(b) “Abuse” does not include reasonable discipline unless the discipline results in one of the conditions described in paragraph (a) of this subsection.

Question 13

(2) “Child” means:

Answer 13

(2) “Child” means an unmarried person who is under 18 years of age.

Question 14

(3) “Higher education institution” means: ‘A-D’

Answer 14

(a) A community college as defined in ORS 341.005;
(b) A public university listed in ORS 352.002;
(c) The Oregon Health and Science University; and
(d) A private institution of higher education located in Oregon.

Question 15

(4) “Law enforcement agency” means: ‘A-E’

Answer 15

(a) A city or municipal police department.
(b) A county sheriff’s office.
(c) The Oregon State Police.
(d) A police department established by a university under ORS 352.383 or 353.125.
(e) A county juvenile department.

Question 16

(5) “Public or private official” means:

Answer 16

(a) Physician or physician assistant licensed under ORS chapter 677 or naturopathic physician, including any intern or resident.
(b) Dentist.
(c) School employee, including an employee of a higher education institution.
(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.
(e) Employee of the Department of Human Services, Oregon Health Authority, Early Learning Division, Youth Development Division, Office of Child Care, the Oregon Youth Authority, a county health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a licensed child-caring agency or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical services provider.
(q) A court appointed special advocate, as defined in ORS 419A.004.
(r) A child care provider registered or certified under ORS 329A.030 and 329A.250 to 329A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist. (u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission. (x) Pharmacist.
(y) An operator of a preschool recorded program under ORS 329A.255.
(z) An operator of a school-age recorded program under ORS 329A.257.

Question 17

(5) “Public or private official” means:

(aa) Employee of a private agency or organization facilitating the provision of respite services:

Answer 17

(aa) Employee of a 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.

Question 18

(5) “Public or private official” means:

(bb) Employee of a public or private org. providing child-related services or activities:

Answer 18

(bb) Employee of a public or private organization providing child-related services or activities:
(A) Including but not limited to youth groups or centers, scout groups or camps, summer or day camps, survival camps or groups, centers or camps that are operated under the guidance, supervision or auspices of religious, public or private educational systems or community service organizations; and
(B) Excluding community-based, nonprofit organizations whose primary purpose is to provide confidential, direct services to victims of domestic violence, sexual assault, stalking or human trafficking.
(cc) A coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete, if compensated and if the athlete is a child.

Question 19

419B.007 Policy

• require mandatory reports and investigations of abuse of children and to encourage voluntary reports.

Answer 19

419B.007 Policy. The Legislative Assembly finds that for the purpose of facilitating the use of protective social services to prevent further abuse, safeguard and enhance the welfare of abused children, and preserve family life when consistent with the protection of the child by stabilizing the family and improving parental capacity, it is necessary and in the public interest to require mandatory reports and investigations of abuse of children and to encourage voluntary reports.

Question 20

419B.010 Duty of officials to report child abuse; exceptions; penalty.

(1) Any public or private official

Answer 20

(1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295 or 419B.234 (6) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem appointed under ORS 419B.231 is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295 or 419B.234 (6). An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

Question 21

419B.010 Duty of officials to report child abuse; exceptions; penalty.

(2) Notwithstanding subsection (1)

Answer 21

(2) Notwithstanding subsection (1) of this section, a report need not be made under this section if the public or private official acquires information relating to abuse by reason of a report made under this section, or by reason of a proceeding arising out of a report made under this section, and the public or private official reasonably believes that the information is already known by a law enforcement agency or the Department of Human Services.

Question 22

419B.010 Duty of officials to report child abuse; exceptions; penalty.

(3) The duty to report under this section is personal to the public or private official alone,

Answer 22

(3) The duty to report under this section is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.

Question 23

419B.010 Duty of officials to report child abuse; exceptions; penalty.

(4) employs the public or private official or uses the official as a volunteer

Answer 23

(4) The duty to report under this section exists regardless of whether the entity or organization that employs the public or private official or uses the official as a volunteer has its own procedures or policies for reporting abuse internally within the entity or organization.

Question 24

419B.010 Duty of officials to report child abuse; exceptions; penalty.

(5) A person who violates subsection (1) of this section

Answer 24

(5) A person who violates subsection (1) of this section commits a Class A violation. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense.

Question 25

419B.015 Report form and content; notice.

(1)(a) A person making a report of child abuse,

Answer 25

(1)(a) A person making a report of child abuse, whether the report is made voluntarily or is required by ORS 419B.010, shall make an oral report by telephone or otherwise to the local office of the Department of Human Services, to the designee of the department or to a law enforcement agency within the county where the person making the report is located at the time of the contact. The report shall contain, if known, the names and addresses of the child and the parents of the child or other persons responsible for care of the child, the child’s age, the nature and extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information that the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

Question 26

419B.015 Report form and content; notice.

(b) When a report of child abuse is received by the department,

Answer 26

(b) When a report of child abuse is received by the department, the department shall notify a law enforcement agency within the county where the report was made. When a report of child abuse is received by a designee of the department, the designee shall notify, according to the contract, either the department or a law enforcement agency within the county where the report was made. When a report of child abuse is received by a law enforcement agency, the agency shall notify the local office of the department within the county where the report was made.

Question 27

419B.015 Report form and content; notice.

2) When a report of child abuse is received under subsection (1)(a

Answer 27

(2) When a report of child abuse is received under subsection (1)(a) of this section, the entity receiving the report shall make the notification required by subsection (1)(b) of this section according to rules adopted by the department under ORS 419B.017.

Question 28

419B.015 Report form and content; notice.

(3)(a) When a report alleging that a child or ward in substitute care may have been subjected to abuse is received by the department, the department shall notify the attorney

Answer 28

(3) (a) When a report alleging that a child or ward in substitute care may have been subjected to abuse is received by the department, the department shall notify the attorney for the child or ward, the child’s or ward’s court appointed special advocate, the parents of the child or ward and any attorney representing a parent of the child or ward that a report has been received.
(b) The name and address of and other identifying information about the person who made the report may not be disclosed under this subsection. Any person or entity to whom notification is made under this subsection may not release any information not authorized by this subsection.
(c) The department shall make the notification required by this subsection within three business days of receiving the report of abuse.
(d) Notwithstanding the obligation imposed by this subsection, the department is not required under this subsection to notify the parent or parent’s attorney that a report of abuse has been received if the notification may interfere with an investigation or assessment or jeopardize the child’s or ward’s safety.