2017 ORS 418.475¹
Independent residence facilities
  • extent and nature of agreement between person and department

(1) Within the limit of moneys appropriated therefor, the Department of Human Services may establish or certify independent residence facilities for unmarried persons who:

(a) Are at least 16 years of age and not older than 20 years of age;

(b) Have been placed in at least one substitute care resource;

(c) Have been determined by the department to possess the skills and level of responsibility required for the transition to adulthood;

(d) Have received permission from the appropriate juvenile court, if they are wards of the court; and

(e) Have been determined by the department to be suitable for an independent living program.

(2) Independent residence facilities shall provide independent housing arrangements with counseling services and minimal supervision available from at least one counselor. All independent residence facilities having six or more residents shall be licensed by the department under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(3) Each resident shall be required to maintain a department approved independent living plan consisting of education, employment or volunteer activities, or a combination thereof, and shall be required to pay a portion or all of the resident’s housing expenses and other support costs. The department may approve an exception to the requirements of this subsection for reasons of temporary loss of employment or of other financial support.

(4) The department may make payment grants directly to persons enrolled in an independent living program who, at a minimum, meet the requirements described in subsection (1)(a) to (c) of this section for food, shelter, clothing, transportation and incidental expenses. The payment grants shall be subject to an agreement between the person and the department that establishes a budget of expenses.

(5) The department may establish cooperative financial management agreements with a person enrolled in an independent living program and for that purpose may enter into joint bank accounts requiring two signatures for withdrawals. The management agreements or joint accounts may not subject the department or any counselor involved to any liability for debts or other responsibilities of the minor.

(6) The department shall make periodic reports to the juvenile court as required by the court regarding any ward of the court who is enrolled in an independent living program.

(7) The enrollment of a person in an independent living program in accordance with the provisions of subsection (1) of this section or making payment grants under subsection (4) of this section does not remove or limit in any way the obligation of the parent of the person to pay support as ordered by a court under the provisions of ORS 419B.400 (Authority to order support) or 419C.590 (Authority of court to order support). [1973 c.801 §1; 1977 c.717 §17; 1981 c.283 §1; 1993 c.33 §328; 2003 c.14 §223; 2007 c.71 §108; 2016 c.106 §25; 2017 c.30 §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.