ORS 419B.023¹
Duties of person conducting investigation under ORS 419B.020

(1) As used in this section:

(a) "Designated medical professional" means the person described in ORS 418.747 (County teams for investigation) (9) or the person’s designee.

(b) "Suspicious physical injury" includes, but is not limited to:

(A) Burns or scalds;

(B) Extensive bruising or abrasions on any part of the body;

(C) Bruising, swelling or abrasions on the head, neck or face;

(D) Fractures of any bone in a child under the age of three;

(E) Multiple fractures in a child of any age;

(F) Dislocations, soft tissue swelling or moderate to severe cuts;

(G) Loss of the ability to walk or move normally according to the child’s developmental ability;

(H) Unconsciousness or difficulty maintaining consciousness;

(I) Multiple injuries of different types;

(J) Injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ; or

(K) Any other injury that threatens the physical well-being of the child.

(2) If a person conducting an investigation under ORS 419B.020 (Duty of department or law enforcement agency receiving report) observes a child who has suffered suspicious physical injury and the person has a reasonable suspicion that the injury may be the result of abuse, the person shall, in accordance with the protocols and procedures of the county multidisciplinary child abuse team described in ORS 418.747 (County teams for investigation):

(a) Immediately photograph or cause to have photographed the suspicious physical injuries in accordance with ORS 419B.028 (Photographing child during investigation); and

(b) Ensure that a designated medical professional conducts a medical assessment within 48 hours, or sooner if dictated by the child’s medical needs.

(3) The requirement of subsection (2) of this section shall apply:

(a) Each time suspicious physical injury is observed by Department of Human Services or law enforcement personnel:

(A) During the investigation of a new allegation of abuse; or

(B) If the injury was not previously observed by a person conducting an investigation under ORS 419B.020 (Duty of department or law enforcement agency receiving report); and

(b) Regardless of whether the child has previously been photographed or assessed during an investigation of an allegation of abuse.

(4)(a) Department or law enforcement personnel shall make a reasonable effort to locate a designated medical professional. If after reasonable efforts a designated medical professional is not available to conduct a medical assessment within 48 hours, the child shall be evaluated by an available physician.

(b) If the child is evaluated by a physician, physician assistant or nurse practitioner other than a designated medical professional, the evaluating physician, physician assistant or nurse practitioner shall make photographs, clinical notes, diagnostic and testing results and any other relevant materials available to the designated medical professional for consultation within 72 hours following evaluation of the child.

(c) The person conducting the medical assessment may consult with and obtain records from the child’s regular pediatrician or family physician under ORS 419B.050 (Authority of health care provider to disclose information).

(5) Nothing in this section prevents a person conducting a child abuse investigation from seeking immediate medical treatment from a hospital emergency room or other medical provider for a child who is physically injured or otherwise in need of immediate medical care.

(6) If the child described in subsection (2) of this section is less than five years of age, the designated medical professional may, within 14 days, refer the child for a screening for early intervention services or early childhood special education, as those terms are defined in ORS 343.035 (Definitions). The referral may not indicate the child is subject to a child abuse investigation unless written consent is obtained from the child’s parent authorizing such disclosure. If the child is already receiving those services, or is enrolled in the Head Start program, a person involved in the delivery of those services to the child shall be invited to participate in the county multidisciplinary child abuse team’s review of the case and shall be provided with paid time to do so by the person’s employer.

(7) Nothing in this section limits the rights provided to minors in ORS chapter 109 or the ability of a minor to refuse to consent to the medical assessment described in this section. [2007 c.674 §3]

Note: 419B.023 (Duties of person conducting investigation under ORS 419B.020) was added to and made a part of 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 7, chapter 674, Oregon Laws 2007, provides:

Sec. 7. No later than October 1, 2008, the Department of Justice shall submit to the appropriate interim legislative committee a report documenting the progress in the implementation of section 3 of this 2007 Act [419B.023 (Duties of person conducting investigation under ORS 419B.020)] and the amendments to ORS 418.747 (County teams for investigation), 418.785 (Child Fatality Review Teams) and 419B.028 (Photographing child during investigation) by sections 5, 6 and 8 of this 2007 Act. The report shall also include, but is not limited to, any fiscal constraints encountered in the implementation of section 3 of this 2007 Act and the amendments to ORS 418.747 (County teams for investigation), 418.485 (Policy) and 419B.028 (Photographing child during investigation) by sections 5, 6 and 8 of this 2007 Act. [2007 c.674 §7]

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of "independent counsel" to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419b.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419bano.­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