ORS 418.995¹
Factors considered in imposing penalty

In imposing a penalty pursuant to the schedule adopted pursuant to ORS 418.992 (Civil penalty), the Director of Human Services shall consider the following factors:

(1) The past history of the private child-caring agency incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(2) Any prior violations of statutes or rules pertaining to private child-caring agencies.

(3) The economic and financial conditions of the private child-caring agency incurring the penalty.

(4) The immediacy and extent to which the violation threatens the health, safety and well-being of the children. [1983 c.510 §26]

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/­Archive/­2007ors418.­pdf (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. Currency Information