2007 ORS 418.240¹
Licensing criteria
  • duration
  • rules

(1) All private child-caring agencies subject to ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998) to 418.325 (Medical examinations required) shall obtain from the Department of Human Services a license authorizing their work. The department shall use the criteria designated in this subsection, and such rules pursuant thereto as the department may develop subject to ORS chapter 183, as the basis of judgment in granting, withholding, suspending or revoking such licenses. The criteria are as follows:

(a) The fitness of the applicant.

(b) The employment of capable, trained or experienced staff who are not applicants for the approval.

(c) Sufficient financial backing to insure effective work.

(d) The probability of permanence in the proposed organization.

(e) The care and services provided to the children served will be in their best interests and that of society.

(f) That the agency is in compliance with the standards of care and treatment established in rules by the department.

(2) In addition to the licensing requirements of subsection (1) of this section, a private child-caring agency shall submit written proof of compliance with ORS 336.575 (Notice and consultation before establishing, expanding or changing residential program) to the department.

(3) The department shall charge no fee for its own inspections leading to its decisions regarding such licensing, nor for issuance of such licenses, but may impose fees to cover costs of related inspections done for the department by other governmental agencies.

(4) A license issued by the department under this section shall be valid for a period of two years, unless suspended or revoked sooner by the department. However, the department at any time may require amendments to an existing license to accommodate changes in the factors upon which an existing license was based. [Formerly 419.116; 1971 c.401 §17; 1983 c.510 §7; 1985 c.264 §2; 1987 c.94 §132]

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children's Services Division employees removed plaintiffs' child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children's Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­418.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­418ano.­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.