2017 ORS 418.992¹
Civil penalty
  • rules

(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a child-caring agency that is 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) for any of the following:

(a) Violation of any of the terms or conditions of a license, certificate or other authorization issued 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), 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).

(b) Violation of any rule adopted by, or general order of, the Department of Human Services that pertains to a child-caring agency.

(c) Violation of any final order of the director that pertains specifically to the child-caring agency.

(d) Violation of the requirement to have a license, certificate or other authorization 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), 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).

(2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents or financial statements or for causing another person to do so.

(3) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring facility that assumes care or custody of, or provides care or services to, a child knowing that the child’s care needs exceed the license, certificate or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places that child’s health, safety or welfare at risk.

(4) Unless the health, safety or welfare of a child is at risk, the director in every case shall prescribe a reasonable time for elimination of a violation:

(a) Not to exceed 45 days after first notice of a violation; or

(b) In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the director.

(5) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director considers proper and consistent with the public health and safety.

(6) The department shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under ORS 418.992 (Civil penalty) to 418.998 (Disposition of penalties). [1983 c.510 §23; 2007 c.71 §109; 2016 c.106 §31]

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.