2017 ORS 418.205¹
Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998

As used in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools), 418.470 (Authority to pay for shelter-care homes), 418.475 (Independent residence facilities), 418.950 (Definitions for ORS 418.950 to 418.970) to 418.970 (ORS 418.950 to 418.970 inapplicable to existing facilities) and 418.992 (Civil penalty) to 418.998 (Disposition of penalties), unless the context requires otherwise:

(1) “Child” means an unmarried person under 21 years of age who resides in or receives care or services from a child-caring agency.

(2)(a) “Child-caring agency”:

(A) Means any private school, private agency or private organization providing:

(i) Day treatment for children with emotional disturbances;

(ii) Adoption placement services;

(iii) Residential care, including but not limited to foster care or residential treatment for children;

(iv) Residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances;

(v) Outdoor youth programs; or

(vi) Other similar care or services for children.

(B) Includes the following:

(i) A shelter-care home that is not a foster home subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department);

(ii) An independent residence facility as described in ORS 418.475 (Independent residence facilities);

(iii) A private residential boarding school; and

(iv) A child-caring facility as defined in ORS 418.950 (Definitions for ORS 418.950 to 418.970).

(b) “Child-caring agency” does not include:

(A) Residential facilities or foster care homes certified or licensed by the Department of Human Services under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties), 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required) for children receiving developmental disability services;

(B) Any private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian). For purposes of this subparagraph, “respite services” means the voluntary assumption of short-term care and control of a minor child without compensation or reimbursement of expenses for the purpose of providing a parent in crisis with relief from the demands of ongoing care of the parent’s child;

(C) A youth job development organization as defined in ORS 344.415 (Definitions for ORS 344.415 to 344.425);

(D) A shelter-care home that is a foster home subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department);

(E) A foster home subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department);

(F) A facility that exclusively serves individuals 18 years of age and older; or

(G) A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.

(3) “Child-caring facility” has the meaning given that term in ORS 418.950 (Definitions for ORS 418.950 to 418.970).

(4) “Governmental agency” means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of this state or of a county, municipality or other political subdivision of this state.

(5) “Independent residence facility” means a facility established or certified under ORS 418.475 (Independent residence facilities).

(6)(a) “Outdoor youth program” means a program that provides, in an outdoor living setting, services to children who have behavioral problems, mental health problems or problems with abuse of alcohol or drugs.

(b) “Outdoor youth program” does not include any program, facility or activity:

(A) Operated by a governmental entity;

(B) Operated or affiliated with the Oregon Youth Conservation Corps;

(C) Licensed by the Department of Human Services under other authority of the department; or

(D) Operated by a youth job development organization as defined in ORS 344.415 (Definitions for ORS 344.415 to 344.425).

(7) “Private” means not owned, operated or administered by any governmental agency or unit.

(8) “Private residential boarding school” means either of the following as the context requires:

(a) A child-caring agency that is a private school that provides residential care in combination with academic education and therapeutic care, including but not limited to treatment for emotional, behavioral or mental health disturbances; or

(b) A private school providing residential care that is primarily engaged in educational work under ORS 418.327 (Licensing of private residential boarding schools).

(9) “Proctor foster home” means a foster home certified by a child-caring agency under ORS 418.248 (Certification of proctor foster homes) that is not subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department).

(10) “Provider of care or services for children” means a person, entity or organization that provides care or services to children, regardless of whether the child is in the custody of the Department of Human Services, and that does not otherwise meet the definition of, or requirements for, a child-caring agency. “Provider of care or services for children” includes a proctor foster home certified by a child-caring agency under ORS 418.248 (Certification of proctor foster homes).

(11) “Shelter-care home” has the meaning given that term in ORS 418.470 (Authority to pay for shelter-care homes). [Formerly 419.101; 1975 c.310 §1; 1983 c.510 §1; 1999 c.316 §3; 2001 c.809 §1; 2001 c.900 §117; 2007 c.70 §198; 2010 c.60 §1; 2011 c.278 §1; 2013 c.131 §4; 2016 c.106 §1; 2017 c.30 §2; 2017 c.244 §1; 2017 c.448 §1]

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.