2017 ORS 418.327¹
Licensing of private residential boarding schools
  • fees

(1) Upon finding that the facilities and operation of a private residential boarding school meet the standards of the department for the physical health, care and safety of the children, the department shall issue a license to operate the school. The license shall be valid for a period of two years, unless sooner suspended or revoked by the department pursuant to the provisions of ORS 418.240 (Licensing, certification and authorization criteria). However, the department at any time may require amendments to an existing license to accommodate changes in the factors upon which the issuance was based.

(2) The department may not charge a fee for inspections leading to decisions regarding, and issuance of, licenses under this section, but may charge fees to cover costs of inspections done by other governmental agencies for the department.

(3) The department may place conditions on any license issued under this section in accordance with the provisions of ORS 418.240 (Licensing, certification and authorization criteria), including but not limited to placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke and limitation of operations subject to correction of violations as specified in a plan of correction imposed by the department.

(4) No person or organization shall operate a private residential boarding school without having a current, valid license issued by the department.

(5) Any person, including the Director of Human Services, may file a complaint with the department alleging that children attending a private residential boarding school, or that children within the control of any other organization that provides boarding or residential programs, are not receiving shelter, food, guidance, training or education necessary to the health, safety, welfare or social growth of the children or necessary to serve the best interests of society.

(6) The department shall immediately investigate complaints made under subsection (5) of this section in the manner provided under 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).

(7) The Superintendent of Public Instruction shall cooperate with the department upon request by advising the department as to whether or not the educational program conducted at the private residential boarding school meets minimum standards required of public educational institutions.

(8) Nothing in this section applies to public or private institutions of higher education, community colleges, common or union high school districts that provide board and room in lieu of transportation or any other child-caring program already subject to state licensing procedures by any agency of this state. [1975 c.313 §1; 1977 c.232 §1; 1979 c.284 §140; 1983 c.510 §15; 2011 c.278 §4; 2016 c.106 §24]

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.