2011 ORS § 30.297¹
Liability of certain state agencies for damages caused by foster child or youth offender
  • conditions
  • exceptions

(1) Notwithstanding ORS 125.235 (Liability of fiduciary), the Department of Human Services is liable for damages resulting from the intentional torts of a foster child who is residing in:

(a) A foster home that has been certified by the department under the provisions of ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department), even though the child is temporarily absent from that home;

(b) An approved home that is receiving payment from the department under the provisions of ORS 418.027 (Agreements for custody, care or treatment) or under the provisions of ORS 420.810 (Placement of youths in foster homes) and 420.815 (Placement agreements with persons or families), even though the child is temporarily absent from that home; or

(c) A developmental disability child foster home that has been certified by the department under the provisions of ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required), even though the foster child is temporarily absent from that home.

(2) Notwithstanding ORS 125.235 (Liability of fiduciary), the Oregon Youth Authority is liable for damages resulting from the intentional torts of a youth offender who is residing in a youth offender foster home that has been certified by the authority under the provisions of ORS 420.888 (Definitions for ORS 420.888 to 420.892) to 420.892 (Certification standards), even though the youth offender is temporarily absent from that home.

(3) Except as otherwise provided in this section, the liability of the department and the authority under this section is subject to the same requirements and limitations provided in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), and a claim under this section shall be treated as a claim for damages within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of ORS 278.120 (Claims management).

(4) Notwithstanding subsections (1) and (2) of this section:

(a) The department and the authority are not liable for any damages arising out of the operation of a motor vehicle by a foster child or youth offender; and

(b) The department and the authority are only liable for theft by a foster child or youth offender upon a showing by clear and convincing evidence that the foster child or youth offender committed the theft.

(5) For the purposes of this section:

(a) Authority means the Oregon Youth Authority.

(b) Department means the Department of Human Services.

(c) Foster child means:

(A) A minor child under the custody or guardianship of the department by reason of appointment pursuant to ORS chapter 125, 419A, 419B or 419C;

(B) A minor child under the physical custody of the department pursuant to a voluntary agreement with the parent under ORS 418.015 (Custody and care of needy children by department) (1);

(C) A minor child placed in a certified foster home, pending hearing, by any person authorized by the department to make that placement;

(D) A person under 21 years of age who has been placed in an approved home that is receiving payment from the department under the provisions of ORS 418.027 (Agreements for custody, care or treatment) or under the provisions of ORS 420.810 (Placement of youths in foster homes) and 420.815 (Placement agreements with persons or families); or

(E) A child residing in a developmental disability child foster home certified under ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required).

(d) Youth offender has the meaning given in ORS 419A.004 (Definitions). [1991 c.756 §2; 1993 c.33 §370; 1995 c.664 §76; 1997 c.130 §1; 1999 c.316 §6; 2001 c.900 §10; 2003 c.232 §1; 2005 c.374 §4]

Note: 30.297 (Liability of certain state agencies for damages caused by foster child or youth offender) and 30.298 (Liability of certain state agencies to foster parents for injury or damage caused by foster child or youth offender) were added to and made a part of 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.