2017 ORS 418.800¹
Review of certain cases by county multidisciplinary child abuse team

(1) If, in a case of alleged child sexual abuse as described in ORS 419B.005 (Definitions) (1)(a)(C), (D) or (E) by a parent, guardian or caregiver living in the child’s home, the Department of Human Services asks the parent, guardian or caregiver to move from the family home during the investigation and the parent, guardian or caregiver consents to leave the family home, the department shall notify the district attorney responsible for the county multidisciplinary child abuse team for the county in which the child resides about the case. The notification shall be in writing and be given no later than three business days after the departure of the parent, guardian or caregiver from the family home.

(2) A parent, guardian or caregiver who consents to leave the family home as described in subsection (1) of this section or the spouse of the parent, guardian or caregiver may ask the district attorney responsible for the team for a review of the case by the team.

(3) No later than 90 days after receiving a request under subsection (2) of this section, the team shall:

(a) Review the case and consider at least the following:

(A) Whether the investigation should continue;

(B) The welfare of the child and the adults living in the family home; and

(C) The proposed timeline for completing the investigation; and

(b) Provide to the person who requested the review a summary of the proposed timeline for completing the investigation.

(4)(a) This section may not be construed to create a new private right of action against a district attorney or any member of a county multidisciplinary child abuse team.

(b) A district attorney and members of a county multidisciplinary child abuse team reviewing a case under subsection (2) of this section are immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to reviewing a case, failing to review a case referred to the team under subsection (2) of this section or providing to the person who requested the review a summary of the proposed timeline for completing the investigation.

(c) The act of reviewing a case or failing to review a case referred to the team under subsection (2) of this section or providing or failing to provide a summary to the person who requested the review may not be used by a defendant in any subsequent criminal prosecution or juvenile proceeding. [2005 c.499 §2]

Note: 418.800 (Review of certain cases by county multidisciplinary child abuse team) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.