ORS 416.400¹
Definitions for ORS 416.400 to 416.465

As used in ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order), unless the context requires otherwise:

(1) "Administrator" has the meaning given that term in ORS 25.010 (Definitions for support enforcement laws).

(2) "Court" means any circuit court of this state and any court in another state having jurisdiction to determine the liability of persons for the support of another person.

(3) "Court order" means any judgment or order of any Oregon court that orders payment of a set or determinable amount of support money by the subject parent and does not include an order or judgment in any proceeding in which the court did not order support.

(4) "Department" means the Department of Justice of this state or its equivalent in any other state from which a written request for establishment or enforcement of a support obligation is received under ORS 416.415 (Notice and finding of financial responsibility).

(5) "Dependent child" means any person under the age of 18 who is not otherwise emancipated, self-supporting, married or a member of the Armed Forces of the United States. "Dependent child" also means a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school).

(6) "Office" means the office of the Division of Child Support or the office of the district attorney.

(7) "Parent" means the natural or adoptive father or mother of a dependent child or youth offender. "Parent" also means stepparent when the person has an obligation to support a dependent child under ORS 108.045 (Liability of stepparent for expenses of family and education of children).

(8) "Past support" means the amount of child support that could have been ordered and accumulated as arrears against a parent for the benefit of a child for any period of time during which the child was not supported by the parent and for which period no support order was in effect.

(9) "Public assistance" means any money payments made by the state that are paid to or for the benefit of any dependent child or youth offender, including but not limited to payments made so that food, shelter, medical care, clothing, transportation or other necessary goods, services or items may be provided, and payments made in compensation for the provision of the necessities. "Public assistance" does not include money payments made by the state to or for the benefit of a dependent child as the result of the child’s removal from the parent’s home against the wishes of the parent, if the Department of Human Services determines after completion of a child protective services assessment that the report of abuse is unfounded according to rules adopted by the Department of Human Services.

(10) "Youth offender" has the meaning given that term in ORS 419A.004 (Definitions). [1979 c.421 §1; 1985 c.567 §1; 1985 c.671 §30; 1987 c.161 §1; 1989 c.519 §3; 1989 c.812 §11; 1995 c.343 §43; 1995 c.422 §131v; 1995 c.514 §8; 1997 c.704 §59; 1999 c.735 §20; 2001 c.455 §21; 2003 c.73 §61; 2003 c.576 §443; 2007 c.643 §1]

Note: Section 3, chapter 643, Oregon Laws 2007, provides:

Sec. 3. The amendments to ORS 109.015 (Proceedings for child support if child receives public assistance) and 416.400 (Definitions for ORS 416.400 to 416.465) by sections 1 and 2 of this 2007 Act apply to cases in which a child is taken into protective custody by the Department of Human Services on or after the effective date of this 2007 Act [September 27, 2007]. [2007 c.643 §3]

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parent's home without permission and without cause. Depart­ment of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

Law Review Cita­tions

69 OLR 692 (1990)

1 Legislative Counsel Committee, CHAPTER 416—Recovery of Aid and Support, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors416.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­416ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information