ORS 12.117
Actions based on child abuse

Text
Annotations 10

(1)

Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract), 12.115 (Action for negligent injury to person or property) or 12.160 (Suspension for minors and persons who have disabling mental condition), an action based on conduct that constitutes child abuse or conduct knowingly allowing, permitting or encouraging child abuse that occurs while the person is under 18 years of age must be commenced before the person attains 40 years of age, or if the person has not discovered the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the causal connection between the injury and the child abuse, not more than five years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection between the child abuse and the injury, whichever period is longer.

(2)

As used in subsection (1) of this section, “child abuse” means any of the following:

(a)

Intentional conduct by an adult that results in:

(A)

Any physical injury to a child; or

(B)

Any mental injury to a child which results in 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;

(b)

Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163;

(c)

Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or

(d)

Sexual exploitation of a child, including but not limited to:

(A)

Conduct constituting violation of ORS 163.435 (Contributing to the sexual delinquency of a minor) 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; and

(B)

Allowing, permitting, encouraging or hiring a child to engage in prostitution or commercial sexual solicitation, as defined in ORS chapter 167.

(3)

Nothing in this section creates a new cause of action or enlarges any existing cause of action. [1989 c.643 §§2,3; 1991 c.386 §4; 1991 c.932 §1; 1993 c.18 §5; 1993 c.296 §1; 1993 c.622 §2; 2009 c.879 §1; 2011 c.151 §4; 2015 c.98 §2]

Source: Section 12.117 — Actions based on child abuse, https://www.oregonlegislature.gov/bills_laws/ors/ors012.html.

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)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 12.117 Actions based on child abuse

(1)

(2)

(a)

(A)

(B)

(b)

(c)

(d)

(A)

(B)

(3)

Notes of Decisions

Law Review Citations

ORS 12.117
Actions based on child abuse