2017 ORS 419B.045¹
Investigation conducted on school premises
  • notification
  • role of school personnel

This section is amended
Effective April 3, 2018
Relating to abuse of vulnerable individuals; amending ORS 419B.045 and 430.735; and declaring an emergency.

(1) If an investigation of a report of child abuse is conducted on school premises, the school administrator shall first be notified that the investigation is to take place, unless the school administrator is a subject of the investigation. The Department of Human Services or the law enforcement agency conducting the investigation is not required to reveal information about the investigation to the school as a condition of conducting the investigation. The school administrator or a school staff member designated by the administrator may, at the investigator’s discretion, be present to facilitate the investigation. The investigator shall be advised by a school administrator or a school staff member of a child’s disabling conditions, if any, prior to any interview with the child. A school administrator or school staff member may not notify any person, including a child’s parents or guardian, other than the department or law enforcement agency of an investigation described in this section and may not disclose any information obtained during an investigation, nor shall the information become part of the child’s school records. The school administrator or school staff member may testify at any subsequent court proceeding relating to the investigation and may be interviewed by the respective litigants prior to any court proceeding.

(2) A school district, school administrator or school staff member may not be held liable for civil damages as a result of compliance with the notification and disclosure prohibitions in subsection (1) of this section.

(3) Subsections (1) and (2) of this section apply solely to an investigation that involves an interview of the suspected victim in the report of child abuse or witnesses and do not apply to an investigation or interview of a person who is suspected of having committed the abuse that is the subject of the report. [1993 c.546 §22; 2003 c.14 §225; 2017 c.515 §1]

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.