2017 ORS 409.185¹
Standards and procedures for child protective services

This section is amended
Effective September 29, 2019
Relating to the Child Abuse Multidisciplinary Intervention Program; creating new provisions; amending ORS 147.390, 147.401, 147.404, 192.537, 192.539, 192.690, 409.185, 414.762, 418.706, 418.746, 418.747, 418.780, 418.782, 418.784, 418.785, 418.786, 418.788, 418.790, 418.792, 418.793, 418.794, 418.795, 418.800, 419B.020, 419B.023, 419B.035, 419B.050 and 743A.252; and prescribing an effective date.

(1) The Director of Human Services shall oversee the development of standards and procedures for assessment, investigation and enforcement of child protective services.

(2)(a) The Department of Human Services shall take action to implement the provision of child protective services as outlined in ORS 417.705 (Definitions for ORS 417.705 to 417.800) to 417.800 (Department to coordinate efforts and make recommendations) and based on the recommendations in the 1992 “Oregon Child Protective Services Performance Study” published by the University of Southern Maine.

(b) In all substantiated cases of child abuse and neglect, the role of the department is to complete a comprehensive family assessment of risk of abuse or neglect, or both, assess service needs and provide immediate protective services as necessary.

(c) The department shall provide remedial services needed to ensure the safety of the child.

(d) In all cases of child abuse and neglect for which a criminal investigation is conducted, the role of law enforcement agencies is to provide a legally sound, child sensitive investigation of whether abuse or neglect or both have occurred and to gather other evidence and perform other responsibilities in accordance with interagency agreements.

(e) The department and law enforcement agencies shall conduct the investigation and assessment concurrently, based upon the protocols and procedures of the county multidisciplinary child abuse team in each jurisdiction.

(f) When the department and law enforcement agencies conduct a joint investigation and assessment, the activities of the department and agencies are to be clearly differentiated by the protocols of the county multidisciplinary child abuse team.

(g) Nothing in this subsection is intended to be inconsistent with ORS 418.702 (Training and continuing education for mandatory reporters), 418.747 (County teams for investigation) and 418.748 (Statewide team on child abuse and suicide) and ORS chapter 419B.

(h) In all cases of child abuse for which an investigation is conducted, the department shall provide a child’s parent, guardian or caregiver with a clear written explanation of the investigation process, the court hearing process and the rights of the parent, guardian or caregiver in the abuse investigation and in the court proceedings related to the abuse investigation.

(3) Upon receipt of a recommendation of the Children’s Advocate under ORS 417.815 (Duties of office) (2)(e), the department shall implement the recommendation or give the Children’s Advocate written notice of an intent not to implement the recommendation. [1993 c.676 §11; 1995 c.79 §397; 1997 c.130 §4; 1997 c.249 §126; 2001 c.900 §68; 2003 c.591 §7; 2005 c.499 §1; 2005 c.562 §24; 2012 c.97 §19]

Chapter 409

Atty. Gen. Opinions

Use of division’s client records by an­oth­er depart­mental division, (1974) Vol 37, p 186

1 Legislative Counsel Committee, CHAPTER 409—Department of Human Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors409.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 409, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano409.­html (2017) (last ac­cessed Mar. 30, 2018).
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.