2017 ORS 418.201¹
Legislative intent

It is the intent of the Legislative Assembly that each foster child have certain essential rights, including but not limited to the following:

(1) To have the ability to make oral and written complaints about care, placement or services that are unsatisfactory or inappropriate, and to be provided with information about a formal process for making complaints without fear of retaliation, harassment or punishment.

(2) To be notified of, and provided with transportation to, court hearings and reviews by local citizen review boards pertaining to the foster child’s case when the matters to be considered or decided upon at the hearings and reviews are appropriate for the foster child, taking into account the age and developmental stage of the foster child.

(3) To be provided with written contact information of specific individuals whom the foster child may contact regarding complaints, concerns or violations of rights, that is updated as necessary and kept current.

(4) When a foster child is 14 years of age or older, to be provided with written information within 60 days of the date of any placement or any change in placement, regarding:

(a) How to establish a bank account in the foster child’s name as allowed under state law;

(b) How to acquire a driver license as allowed under state law;

(c) How to remain in foster care after reaching 18 years of age;

(d) The availability of a tuition and fee waiver for a current or former foster child under ORS 350.300 (Waiver of tuition and fees for foster child);

(e) How to obtain a copy of the foster child’s credit report, if any;

(f) How to obtain medical, dental, vision, mental health services or other treatment, including services and treatments available without parental consent under state law; and

(g) A transition toolkit, including a comprehensive transition plan.

(5) With respect to a foster child’s rights under the federal and state constitutions, laws, including case law, rules and regulations:

(a) To receive a document setting forth such rights that is age-appropriate and developmentally appropriate within 60 days of the date of any placement or any change in placement;

(b) To have a document setting forth such rights that is age-appropriate and developmentally appropriate posted at the residences of all foster parents, child-caring agencies and independent resident facilities;

(c) To have an annual review of such rights that is age-appropriate and developmentally appropriate while the foster child is in substitute care; and

(d) When the foster child is 14 years of age or older:

(A) To receive a document setting forth such rights that is age-appropriate and developmentally appropriate; and

(B) To acknowledge in writing receipt of the document and that the rights contained in the document were explained in an age-appropriate manner.

(6) To be provided with current and updated contact information for adults who are responsible for the care of the foster child and who are involved in the foster child’s case, including but not limited to caseworkers, caseworker supervisors, attorneys, foster youth advocates and supporters, court appointed special advocates, local citizen review boards and employees of the Department of Human Services that provide certification of foster parents, child-caring agencies and independent resident facilities.

(7) To have a hotline phone number that is available to the foster child at all times for the purposes of enabling the foster child to make complaints and assert grievances regarding the foster child’s care, safety or well-being. [2013 c.515 §2; 2015 c.254 §9]

Note: See note under 418.200 (Definitions).

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/­ors418.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­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.