(a) That the report is substantiated. A report is substantiated when there is reasonable cause to believe that the abuse of a child in care occurred.
(b) That the report is unsubstantiated. A report is unsubstantiated when there is no evidence that the abuse of a child in care occurred.
(c) That the report is inconclusive. A report is inconclusive when there is some indication that the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to believe that the abuse occurred.
(2) When a report is received under ORS 418.258 alleging that a child in care may have been subjected to abuse, the department shall notify the case managers for the child, the attorney for the child, the child’s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency or developmental disabilities residential facility to provide care or services to the child that a report has been received.
(3)(a) The department may interview the child in care who is the subject of suspected abuse and any witnesses, including other children, without the presence of employees of the child-caring agency, proctor foster home or developmental disabilities residential facility, the provider of services at a certified foster home or department personnel. The department shall inform the child in care that the child may have the child’s parent or guardian, if the child has not been committed to the custody of the department or the Oregon Youth Authority, or attorney present when participating in an interview conducted in the course of an abuse investigation.
(b) When investigating an allegation of inappropriate use of restraint or involuntary seclusion, the department shall:
(A) Conduct the interviews described in paragraph (a) of this subsection;
(B) Review all relevant incident reports related to the child in care and other reports related to the restraint or involuntary seclusion of the child in care;
(C) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident;
(D) During an interview with the child in care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion;
(E) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion; and
(F) Make all reasonable efforts to conduct trauma-informed interviews of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child.
(4) The department shall notify the following when a report of abuse is substantiated:
(a) The Director of Human Services.
(b) Personnel in the department responsible for the licensing, certificate or authorization of child-caring agencies.
(c) The department’s lead personnel in that part of the department that is responsible for child welfare generally.
(d) With respect to the child in care who is the subject of the abuse report and investigation, the case managers for the child, the attorney for the child, the child’s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency to provide care or services to the child.
(e) The parents or guardians of the child in care who is the subject of the abuse report and investigation if the child in care has not been committed to the custody of the department or the youth authority. Notification under this paragraph may not include any details or information other than that a report of abuse has been substantiated.
(f) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care.
(g) The local citizen review board established by the Judicial Department under ORS 419A.090.
(5) The department shall report on a quarterly basis to the interim legislative committees on child welfare for the purposes of public review and oversight of the quality and safety of child-caring agencies, certified foster homes and developmental disabilities residential facilities that are licensed, certified or authorized by the department in this state and of proctor foster homes that are certified by the child-caring agencies. Information provided in reports under this subsection may not contain the name or any identifying information of a child in care but must contain all of the following:
(a) The name of any child-caring agency, including an out-of-state child-caring agency, proctor foster home or developmental disabilities residential facility, or, provided there are five or more certified foster homes in the county, the name of the county where a certified foster home is located, where the department conducted an investigation pursuant to ORS 418.258 that resulted in a finding that the report of abuse was substantiated during that quarter;
(b) The approximate date that the abuse occurred;
(c) The nature of the abuse and a brief narrative description of the abuse that occurred;
(d) Whether physical injury, sexual abuse or death resulted from the abuse;
(e) Corrective actions taken or ordered by the department and the outcome of the corrective actions; and
(f) Information the department received in that quarter regarding any substantiated allegations of child abuse made by any other state involving a congregate care residential setting, as defined in ORS 418.322, in which the department has placed Oregon children.
(6) The department’s quarterly report under subsection (5) of this section must also contain all of the following:
(a) The total number of restraints used in programs that quarter;
(b) The total number of programs that reported the use of restraints of children in care that quarter;
(c) The total number of individual children in care who were placed in restraints by programs that quarter;
(d) The number of reportable injuries to children in care that resulted from those restraints;
(e) The number of incidents in which an individual who was not appropriately trained in the use of the restraint used on a child in care in a program; and
(f) The number of incidents that were reported for potential inappropriate use of restraint.
(7) In compiling records, reports and other information during an investigation under ORS 418.258 (1) and in issuing findings, letters of concern or reprimands, the Director of Human Services or the director’s designee and the department may not refer to the employee, person or entity that is the subject of the investigation as an "alleged perpetrator" but must refer to the employee, person or entity as the "respondent."
(8) As used in this section, "program," "reportable injury" and "restraint" have the meanings given those terms in ORS 418.519. [2016 c.106 §38; 2017 c.138 §4; 2017 c.448 §4; 2017 c.733 §3; 2020 s.s.1 c.19 §9; 2021 c.672 §13]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 418 - Child Welfare Services
Section 418.015 - Custody and care of needy children by department.
Section 418.027 - Agreements for custody, care or treatment; rules.
Section 418.036 - Child welfare report.
Section 418.039 - Policy on prohibited disqualifications of child welfare services providers.
Section 418.041 - Governor’s Child Foster Care Advisory Commission; terms; compensation.
Section 418.043 - Membership of commission; meetings.
Section 418.044 - Functions and duties of commission; rules.
Section 418.046 - Advisory or technical committees; Child Welfare Equity Advisory Committee.
Section 418.194 - Scheduling visitation around school attendance; records.
Section 418.200 - Definitions.
Section 418.201 - Legislative intent.
Section 418.202 - Oregon Foster Children’s Bill of Rights; rules.
Section 418.203 - Prohibitions on discipline or retaliation for speaking about services received.
Section 418.210 - Application of ORS 418.205 to 418.327.
Section 418.215 - Child-caring agency to be licensed, certified or authorized.
Section 418.240 - Licensing, certification and authorization criteria; duration; fees; rules.
Section 418.246 - Bond for outdoor youth program licensure.
Section 418.248 - Certification of proctor foster homes; rules.
Section 418.255 - Inspection and supervision; training; rules.
Section 418.256 - Interference with disclosure of information; rules.
Section 418.257 - Definitions for ORS 418.257 to 418.259.
Section 418.258 - Report of suspected abuse; notifications; investigation.
Section 418.259 - Investigation of suspected abuse; findings; notifications; reports.
Section 418.262 - Minimum staffing required for licensing, inspection and investigation; rules.
Section 418.265 - Reports; audit.
Section 418.275 - Child-caring agency as guardian of child; power of agency.
Section 418.280 - Placement of children.
Section 418.305 - Access to child receiving care or services.
Section 418.318 - Authority to pay for qualified residential treatment programs.
Section 418.319 - Goal regarding placed children receiving federal assistance.
Section 418.322 - Placement in congregate care residential setting; limitations.
Section 418.323 - Qualified residential treatment program; rules.
Section 418.324 - Independent assessment.
Section 418.327 - Licensing of private residential boarding schools; fees.
Section 418.330 - Payments to adoptive parents or guardians; conditions; limitations.
Section 418.335 - Determination of eligibility for payments; review; hearing.
Section 418.345 - Adoption Applicable Child Savings Fund.
Section 418.351 - Definitions for 418.351 to 418.357.
Section 418.353 - Residential care referrals; disclosures; limitations; compensation; penalties.
Section 418.357 - Residential care referral agents; registration; rules; penalties.
Section 418.359 - Referrals to secure transportation services providers; disclosure.
Section 418.470 - Authority to pay for shelter-care homes.
Section 418.519 - Definitions for ORS 418.519 to 418.532.
Section 418.521 - Prohibitions on restraint and involuntary seclusion of children in care.
Section 418.523 - Permissible use of restraint or involuntary seclusion of child in care.
Section 418.528 - Quarterly reports; public access to reports; notices.
Section 418.532 - Notices to children in care.
Section 418.575 - Definitions for ORS 418.575 to 418.598.
Section 418.578 - Legislative findings.
Section 418.585 - Strengthening, Preserving and Reunifying Families Program Fund.
Section 418.606 - Definitions.
Section 418.607 - Legislative intent.
Section 418.608 - Oregon Foster Children’s Sibling Bill of Rights; rules.
Section 418.609 - Applicability of Indian Child Welfare Act.
Section 418.625 - Definitions for ORS 418.625 to 418.645.
Section 418.627 - Placement consistent with the Indian Child Welfare Act.
Section 418.644 - Interference with disclosure of information; rules.
Section 418.647 - Foster care payments.
Section 418.648 - Rights of foster parents.
Section 418.650 - Policy; purpose.
Section 418.653 - Oregon Youth Corps; advisory board; appointment; term; duties.
Section 418.657 - Duties of program director; participant eligibility; rules; staff.
Section 418.660 - Projects; consistency with public land law.
Section 418.663 - Employment goals.
Section 418.691 - Definitions for ORS 418.691 to 418.701.
Section 418.699 - Additional duties or liabilities not imposed on youth sports providers.
Section 418.706 - State Technical Assistance Team for child fatalities; duties.
Section 418.712 - Definitions for ORS 418.714 and 418.718.
Section 418.714 - Domestic violence fatality review teams.
Section 418.718 - Statewide team.
Section 418.726 - Youth Suicide Intervention and Prevention Advisory Committee.
Section 418.731 - Youth Suicide Intervention and Prevention Coordinator; duties.
Section 418.733 - Updates to Youth Suicide Intervention and Prevention Plan; content.
Section 418.748 - Statewide team on child abuse and suicide.
Section 418.751 - Training and education for persons investigating child abuse.
Section 418.782 - Definitions for ORS 418.746 to 418.796.
Section 418.783 - Child Abuse Multidisciplinary Intervention Program.
Section 418.785 - Child fatality review teams.
Section 418.786 - Grant program.
Section 418.788 - Grant application; criteria for awarding grants; rules.
Section 418.790 - Application contents for regional centers; rules.
Section 418.792 - Application contents for children’s advocacy center.
Section 418.793 - Report to Child Abuse Multidisciplinary Intervention Program; rules.
Section 418.794 - Confidentiality of video recordings.
Section 418.795 - Confidentiality of information and records.
Section 418.796 - Authority of council to solicit and accept contributions.
Section 418.800 - Review of certain cases by county child abuse multidisciplinary team.
Section 418.804 - Short title.
Section 418.808 - Critical incident.
Section 418.811 - Team assignment and membership; rules.
Section 418.816 - Critical Incident Review Team website.
Section 418.927 - When refugee child may be removed from home; placement.
Section 418.933 - Judicial determination on removal required.
Section 418.937 - Placement decision; order of preference for placement.
Section 418.939 - Record for refugee child; content.
Section 418.941 - Refugee Child Welfare Advisory Committee; duties; access to juvenile records.
Section 418.950 - Definitions for ORS 418.950 to 418.970.
Section 418.965 - Approval or denial of applications.
Section 418.976 - Definitions for ORS 418.976 to 418.981.
Section 418.978 - System of Care Advisory Council.
Section 418.979 - Purpose; duties; rules.
Section 418.981 - Children’s System Data Dashboard; rules.
Section 418.983 - System of Care Account.
Section 418.984 - Interdisciplinary assessment teams.
Section 418.990 - Criminal penalties.
Section 418.991 - Penalty for interference with disclosure of information.
Section 418.992 - Civil penalty; rules.