Actions based on child abuse
Source:
Section 12.117 — Actions based on child abuse, https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
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Notes of Decisions
Statute, as amended in 1991, applies to action based on child abuse filed after October 3, 1989, even if action was previously barred by ORS 12.110 and 12.160 and such application does not violate Article III, section 1 of Oregon Constitution. A.K.H. v. R.C.T., 312 Or 497, 822 P2d 135 (1991)
“Knowingly” does not prevent allegation that defendant allowed, permitted or encouraged child abuse through negligence. Lourim v. Swensen, 147 Or App 425, 936 P2d 1011 (1997), rev’d on other grounds, 328 Or 380, 977 P2d 1157 (1999)
“Knowingly” refers to actual knowledge only, not to constructive knowledge. Lourim v. Swensen, 147 Or App 425, 936 P2d 1011 (1997), rev’d on other grounds, 328 Or 380, 977 P2d 1157 (1999)
Action alleging liability for behavior preparatory to abuse is “based on conduct that constitutes child abuse.” Fearing v. Bucher, 328 Or 367, 977 P2d 1163 (1999); Lourim v. Swensen, 328 Or 380, 977 P2d 1157 (1999)
“Sexual exploitation” refers to conduct that uses child in sexual way for personal gratification or benefit and that personally involves child. Schmidt v. Mt. Angel Abbey, 347 Or 389, 223 P3d 399 (2009)
“Cruelty to child” refers to (1) acts that are performed with specific intent of injuring or harming child and that are capable of producing those results and (2) acts that demonstrate willful and wanton disregard for welfare of child from which one can infer willingness to injure child. Schmidt v. Mt. Angel Abbey, 347 Or 389, 223 P3d 399 (2009)
This provision does not apply to federal action brought by child abuse victim. Bonneau v. Centennial School District No. 28J, 666 F3d 577 (9th Cir. 2012)
Extended statute of limitations created by 2009 amendment applies retroactively to all causes of action for child abuse for which judgment was not entered before 2009 amendment. Doe v. Silverman, 287 Or App 247, 401 P3d 793 (2017), Sup Ct review denied
Plaintiff’s claims against Department of Human Services for failure to protect plaintiff against abuse while in foster care may proceed despite defendant’s claim that statute of ultimate repose, ORS 12.115, and two-year statute of limitations, ORS 30.265, barred plaintiff’s claims; because this section, which specifies different limitation period for claims related to child abuse, is exception to statute of ultimate repose, and because ORS 30.275 does not nullify this section, ORS 30.265 does not provide immunity from liability for child abuse claims. Sherman v. Dept. of Human Services, 368 Or 403, 492 P3d 31 (2021)
Law Review Citations
85 OLR 481 (2006)