2017 ORS 419B.026¹
Required findings for investigation conducted under ORS 419B.020

(1) An investigation conducted under ORS 419B.020 (Duty of department or law enforcement agency receiving report) must conclude in one of the following findings:

(a) That the report of child abuse is founded;

(b) That the report of child abuse is unfounded; or

(c) That the report of child abuse cannot be determined.

(2) All investigations conducted under ORS 419B.020 (Duty of department or law enforcement agency receiving report) must be conducted in accordance with ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) and result in the findings described in subsection (1) of this section until all of the following criteria have been met:

(a) The child welfare workload model for the Department of Human Services is staffed at 95 percent or greater;

(b) A centralized, statewide child abuse hotline has been established and in operation for at least six consecutive months;

(c) The department has completed investigations within timelines mandated by law and rule at least 90 percent of the time for at least six consecutive months;

(d) The department has conducted in-person contacts with children who are the subject of reports of child abuse, as mandated by law and rule, in at least 90 percent of the reports of child abuse for at least six consecutive months; and

(e) The reabuse rate for children in this state is below the national average. [2017 c.740 §2]

Note: 419B.026 (Required findings for investigation conducted under ORS 419B.020) was added to and made a part of 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of “independent counsel” to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­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.