2017 ORS 418.305¹
Access to child receiving care or services

(1) The Department of Human Services may require any child-caring agency subject to 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) or 418.950 (Definitions for ORS 418.950 to 418.970) to 418.970 (ORS 418.950 to 418.970 inapplicable to existing facilities) to disclose to the department the location and circumstances of any child for whom the agency is providing care or services.

(2) The child-caring agency shall permit immediate access to a child receiving care or services, and to any area of the premises upon which the child receives care or services, to the following:

(a) Employees and representatives of the department;

(b) The child’s attorney;

(c) The child’s court appointed special advocate;

(d) The parent or legal guardian of the child if the child has not been committed to the custody of the department or the Oregon Youth Authority;

(e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child; and

(f) Any other person authorized by the department.

(3) The purposes for which access to a child or premises under this section may be allowed include, but are not limited to, the following:

(a) To ascertain the circumstances and condition of a child placed with the child-caring agency.

(b) To determine the quality of the care or services provided to a child by the agency.

(c) To ensure the health, safety and welfare of a child receiving care or services from the agency. [Formerly 419.138; 1971 c.401 §25; 2003 c.14 §220; 2016 c.106 §20]

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.