ORS 418.495¹
Authority to purchase care
  • agreement content
  • payment standards for foster care
  • rules

(1) Within the limits of funds available therefor, the Department of Human Services may enter into agreements and contracts with child-caring agencies, Strengthening, Preserving and Reunifying Families programs under ORS 418.575 (Definitions for ORS 418.575 to 418.598) to 418.598 (Rules), other appropriate providers of care or services to children and facilities, including youth care centers, for the purchase of care for children who require and are eligible for such care, regardless of whether the child is a ward of the state, whether the department is the child’s guardian or has custody of the child, or whether the child has been released or surrendered to a child-caring agency pursuant to ORS 418.270 (Surrender of child to child-caring agency) or to a Strengthening, Preserving and Reunifying Families program under ORS 418.575 (Definitions for ORS 418.575 to 418.598) to 418.598 (Rules) or committed thereto by order of a court under ORS chapter 419B or 419C. The agreement shall prescribe the procedures for payment and the rate of payment and may contain such other conditions as the department and the agency, facility or program may agree. Payment must be made by electronic funds transfer from the department to the payee and may not be made by check.

(2) The department shall by rule adopt payment standards for foster care that is provided under ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department). In establishing standards, the department may take into account the income, resources and maintenance available to and the necessary expenditures of a foster parent who is a relative, as defined by rule, of the child placed in care. [1971 c.457 §4; 1993 c.33 §329; 2007 c.801 §1; 2011 c.568 §11; 2016 c.106 §26]

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information