ORS 418.747
County teams for investigation

  • duties
  • training
  • method of investigation
  • designated medical professional

(1)

The district attorney in each county shall be responsible for developing county child abuse multidisciplinary teams to consist of but not be limited to law enforcement personnel, Department of Human Services child protective service workers, school officials, local health department personnel, county mental health department personnel who have experience with children and family mental health issues, child abuse intervention center workers, if available, and juvenile department representatives, as well as others specially trained in child abuse, child sexual abuse and rape of children investigation.

(2)

The teams shall develop a written protocol for immediate investigation of and notification procedures for child abuse cases, including child sexual abuse, and for interviewing child abuse victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify:

(a)

The role of each agency;

(b)

Procedures to be followed to assess risks to the child;

(c)

Guidelines for timely communication between member agencies;

(d)

Guidelines for completion of responsibilities by member agencies;

(e)

That upon clear disclosure that the alleged child abuse occurred in a child care facility as defined in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450), immediate notification of parents or guardians of children attending the child care facility is required regarding any abuse allegation and pending investigation; and

(f)

Criteria and procedures to be followed when removal of the child is necessary for the child’s safety.

(3)

Each team member and the personnel conducting child abuse investigations and interviews of child abuse victims shall be trained in risk assessment, the dynamics of child abuse, child sexual abuse and rape of children, and forensic interviewing.

(4)

All investigations of child abuse and interviews of child abuse victims shall be carried out by appropriate personnel using the protocols and procedures called for in this section. If trained personnel are not available in a timely fashion and, in the judgment of a law enforcement officer or child protective services worker, there is reasonable cause to believe a delay in investigation or interview of the child abuse victim could place the child in jeopardy of physical harm, the investigation may proceed without full participation of all personnel. This authority applies only for as long as reasonable danger to the child exists. A law enforcement officer or child protective services worker shall make a reasonable effort to find and provide a trained investigator or interviewer.

(5)

To ensure the protection and safe placement of a child, the Department of Human Services may request that team members obtain criminal history information on any person who is part of the household where the department may place or has placed a child who is in the department’s custody. All information obtained by the team members and the department in the exercise of their duties is confidential and may be disclosed only when necessary to ensure the safe placement of a child.

(6)

Each team shall classify, assess and review cases under investigation.

(7)

Intentionally left blank —Ed.

(a)

Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section. Each team shall submit to the administrator of the Child Abuse Multidisciplinary Intervention Program copies of the protocols and procedures required under this section and the results of the evaluation as requested.

(b)

The administrator may:

(A)

Consider the evaluation results when making eligibility determinations under ORS 418.746 (Child Abuse Multidisciplinary Intervention Account) (3);

(B)

If requested by the Advisory Council on Child Abuse Assessment, ask a team to revise the protocols and procedures being used by the team based on the evaluation results; or

(C)

Ask a team to evaluate the team’s compliance with the protocols and procedures in a particular case.

(c)

The information and records compiled under this subsection are exempt from ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(8)

Each team shall develop policies that provide for an independent review of investigation procedures of sensitive cases after completion of court actions on particular cases. The policies shall include independent citizen input. Parents of child abuse victims shall be notified of the review procedure.

(9)

Each team shall designate at least one physician, physician assistant or nurse practitioner who has been trained to conduct child abuse assessments, as defined in ORS 418.782 (Definitions for ORS 418.746 to 418.796), and who is, or who may designate another physician, physician assistant or nurse practitioner who is, regularly available to conduct the medical assessment described in ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020).

(10)

If photographs are taken pursuant to ORS 419B.028 (Photographing child during investigation), and if the team meets to discuss the case, the photographs shall be made available to each member of the team at the first meeting regarding the child’s case following the taking of the photographs.

(11)

No later than September 1, 2008, each team shall submit to the Department of Justice a written summary identifying the designated medical professional described in subsection (9) of this section. After that date, this information shall be included in each regular report to the Department of Justice.

(12)

If, after reasonable effort, the team is not able to identify a designated medical professional described in subsection (9) of this section, the team shall develop a written plan outlining the necessary steps, recruitment and training needed to make such a medical professional available to the children of the county. The team shall also develop a written strategy to ensure that each child in the county who is a suspected victim of child abuse will receive a medical assessment in compliance with ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020). This strategy, and the estimated fiscal impact of any necessary recruitment and training, shall be submitted to the Department of Justice no later than September 1, 2008. This information shall be included in each regular report to the Department of Justice for each reporting period in which a team is not able to identify a designated medical professional described in subsection (9) of this section. [1989 c.998 §4; 1991 c.451 §1; 1993 c.622 §5; 1995 c.134 §1; 1997 c.703 §2; 2001 c.900 §121; 2003 c.354 §2; 2005 c.562 §6; 2007 c.674 §6; 2015 c.736 §63; 2017 c.356 §40; 2019 c.141 §17]
Note: See note under 418.746 (Child Abuse Multidisciplinary Intervention Account).

Source: Section 418.747 — County teams for investigation; duties; training; method of investigation; designated medical professional, https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html.

Requirement of trained investigators is not designed to benefit or give rights to defendant. State v. Kitzman, 323 Or 589, 920 P2d 134 (1996)

418.001
Definition for ORS 418.005 to 418.030
418.005
Powers of department in connection with child welfare services
418.010
Children not to be taken charge of when parents object
418.015
Custody and care of needy children by department
418.016
Criminal records checks required for caregivers of children and for other persons in household
418.017
Parent allowed to anonymously leave child at authorized facility
418.018
Department required to inform public about ORS 418.017 and affirmative defense
418.020
Unexpended balances of budgeted county funds may be expended as aid for children
418.025
Prevention, reduction or control of juvenile delinquency by county programs and activities
418.027
Agreements for custody, care or treatment
418.030
Services to prevent, control and treat juvenile delinquency
418.032
Department subrogated to right of support for certain children in department custody
418.033
Release of records to citizen review board
418.034
Department responsible for costs of medical care of certain children in detention or lockup facilities
418.036
Child welfare report
418.039
Policy on prohibited disqualifications of child welfare services providers
418.041
Governor’s Child Foster Care Advisory Commission
418.043
Membership of commission
418.044
Functions and duties of commission
418.046
Advisory or technical committees
418.189
Policy on child abuse and neglect
418.194
Scheduling visitation around school attendance
418.200
Definitions
418.201
Legislative intent
418.202
Oregon Foster Children’s Bill of Rights
418.203
Prohibitions on discipline or retaliation for speaking about services received
418.205
Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998
418.210
Application of ORS 418.205 to 418.327
418.215
Child-caring agency to be licensed, certified or authorized
418.240
Licensing, certification and authorization criteria
418.246
Bond for outdoor youth program licensure
418.248
Certification of proctor foster homes
418.250
Supervision of child-caring agencies
418.255
Inspection and supervision
418.256
Interference with disclosure of information
418.257
Definitions for ORS 418.257 to 418.259
418.258
Report of suspected abuse
418.259
Investigation of suspected abuse
418.260
Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies
418.262
Minimum staffing required for licensing, inspection and investigation
418.263
Child-Caring Agencies Account
418.265
Reports
418.270
Surrender of child to child-caring agency
418.275
Child-caring agency as guardian of child
418.280
Placement of children
418.285
Authority of department same as child-caring agency under ORS 418.270 to 418.280
418.290
Child placement by nonresident
418.295
Certain attorneys not to represent prospective adoptive parents
418.300
When child placement by private persons prohibited
418.302
Administrative review required for certain children in voluntary placement
418.305
Access to child receiving care or services
418.306
Denial of visitation by child-caring agency as disciplinary measure prohibited
418.307
Medical or dental treatment of children without consent
418.310
Application of statutes to institutions caring for adults and children
418.312
When transfer of custody not required
418.315
Department may provide foster care for children surrendered or committed to department
418.318
Authority to pay for qualified residential treatment programs
418.319
Goal regarding placed children receiving federal assistance
418.321
Out-of-state child-caring agency
418.322
Placement in congregate care residential setting
418.323
Qualified residential treatment program
418.324
Independent assessment
418.325
Medical examinations required
418.327
Licensing of private residential boarding schools
418.330
Payments to adoptive parents or guardians
418.335
Determination of eligibility for payments
418.340
Rules
418.345
Adoption Applicable Child Savings Fund
418.351
Definitions for 418.351 to 418.357
418.353
Residential care referrals
418.357
Residential care referral agents
418.359
Referrals to secure transportation services providers
418.470
Authority to pay for shelter-care homes
418.472
Siting of shelter-care home
418.475
Independent residence facilities
418.480
“Purchase of care” defined
418.485
Policy
418.490
Coordination of state activities
418.495
Authority to purchase care
418.500
Out-of-state care for children
418.517
Procedures for use of psychotropic medications for children in foster care
418.519
Definitions for ORS 418.519 to 418.532
418.521
Prohibitions on restraint and involuntary seclusion of children in care
418.523
Permissible use of restraint or involuntary seclusion of child in care
418.526
Program procedures
418.528
Quarterly reports
418.529
Training standards and certification
418.532
Notices to children in care
418.575
Definitions for ORS 418.575 to 418.598
418.578
Legislative findings
418.580
Strengthening, Preserving and Reunifying Families programs
418.585
Strengthening, Preserving and Reunifying Families Program Fund
418.590
Waiver of federal requirements
418.595
Placement and referral to program to be considered in reasonable or active efforts determination
418.598
Rules
418.606
Definitions
418.607
Legislative intent
418.608
Oregon Foster Children’s Sibling Bill of Rights
418.609
Applicability of Indian Child Welfare Act
418.625
Definitions for ORS 418.625 to 418.645
418.627
Placement consistent with the Indian Child Welfare Act
418.630
Foster home must be certified as approved
418.635
Certificate of approval
418.640
Supervision of foster homes
418.642
Confidentiality of information about person who maintains foster home
418.643
Denial of visitation by foster home as disciplinary measure prohibited
418.644
Interference with disclosure of information
418.645
Appeal from decision of department
418.647
Foster care payments
418.648
Rights of foster parents
418.650
Policy
418.653
Oregon Youth Corps
418.657
Duties of program director
418.658
Oregon Community Stewardship Corps
418.660
Projects
418.663
Employment goals
418.675
Powers and duties of trustees of A. R. Burbank Trust Fund
418.680
Annual report of trustees
418.685
Certain agencies declared to be orphans’ homes
418.691
Definitions for ORS 418.691 to 418.701
418.696
Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors
418.699
Additional duties or liabilities not imposed on youth sports providers
418.701
Youth sports providers authorized to request criminal background checks from Department of State Police
418.702
Training and continuing education for mandatory reporters
418.706
State Technical Assistance Team for child fatalities
418.708
Child’s savings account
418.712
Definitions for ORS 418.714 and 418.718
418.714
Domestic violence fatality review teams
418.718
Statewide team
418.726
Youth Suicide Intervention and Prevention Advisory Committee
418.731
Youth Suicide Intervention and Prevention Coordinator
418.733
Updates to Youth Suicide Intervention and Prevention Plan
418.735
Plan for communication among local mental health authorities regarding certain suicides
418.746
Child Abuse Multidisciplinary Intervention Account
418.747
County teams for investigation
418.748
Statewide team on child abuse and suicide
418.751
Training and education for persons investigating child abuse
418.780
Purpose
418.782
Definitions for ORS 418.746 to 418.796
418.783
Child Abuse Multidisciplinary Intervention Program
418.784
Advisory Council on Child Abuse Assessment
418.785
Child fatality review teams
418.786
Grant program
418.788
Grant application
418.790
Application contents for regional centers
418.792
Application contents for children’s advocacy center
418.793
Report to Child Abuse Multidisciplinary Intervention Program
418.794
Confidentiality of video recordings
418.795
Confidentiality of information and records
418.796
Authority of council to solicit and accept contributions
418.800
Review of certain cases by county child abuse multidisciplinary team
418.804
Short title
418.806
Policy
418.808
Critical incident
418.811
Team assignment and membership
418.813
Report
418.816
Critical Incident Review Team website
418.925
“Refugee child” defined
418.927
When refugee child may be removed from home
418.930
Petition to juvenile court required upon removal of refugee child
418.933
Judicial determination on removal required
418.935
Petition by relative of refugee child
418.937
Placement decision
418.939
Record for refugee child
418.941
Refugee Child Welfare Advisory Committee
418.943
Annual report
418.945
Rules
418.950
Definitions for ORS 418.950 to 418.970
418.955
Policy
418.960
City and county siting of child-caring facilities
418.965
Approval or denial of applications
418.970
ORS 418.950 to 418.970 inapplicable to existing facilities
418.976
Definitions for ORS 418.976 to 418.981
418.978
System of Care Advisory Council
418.979
Purpose
418.981
Children’s System Data Dashboard
418.983
System of Care Account
418.984
Interdisciplinary assessment teams
418.990
Criminal penalties
418.991
Penalty for interference with disclosure of information
418.992
Civil penalty
418.993
Procedure
418.994
Schedule of penalties
418.995
Factors considered in imposing penalty
418.997
Judicial review
418.998
Disposition of penalties
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