2017 ORS 418.280¹
Placement of children

(1) A child-caring agency may not place a child with a proctor foster home unless the home has been determined by the child-caring agency to meet minimum standards as established by rules adopted by the Department of Human Services or the Oregon Youth Authority, as applicable, and has been certified by the child-caring agency pursuant to ORS 418.248 (Certification of proctor foster homes).

(2) In placing a child with a proctor foster home that has been determined to meet minimum standards and that has been certified by a child-caring agency under this section and ORS 418.248 (Certification of proctor foster homes), the child-caring agency shall:

(a) Safeguard the welfare of the child by the thorough investigation of each applicant and home and its environment;

(b) Carefully select the child to suit the new relationship and location;

(c) Personally and adequately supervise the home and child until the child returns to the direct care of the child-caring agency or, if permanently placed, receives legal adoption or attains legal age; and

(d) So far as practicable, place the child in a family of the same religious faith as that held by the child or the child’s parents.

(3) A child-caring agency maintains custody, control and responsibility for and, where applicable under ORS 418.275 (Child-caring agency as guardian of child), guardianship of a child placed with a proctor foster home by the child-caring agency. [Formerly 419.132; 1983 c.510 §12; 2003 c.14 §218; 2016 c.106 §16]

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.