Changes Definition of abuse. Requires State Office for Services to Children and Families to develop and distribute handout on parental rights. Declares that employees of office who violate certain statutes forfeit limitations on liability. Makes law enforcement responsible for investigation of child abuse. Prohibits removing child from home without probable cause on first report of child abuse. Specifies refusal of parent to speak with law enforcement official is not evidence of abuse. Strengthens parental notification requirements.

Relating to child abuse; creating new provisions, and amending ORS 409.185, 419B.005, 419B.020, 419B.045, and 419B.050.

SECTION 1. ORS 409.185 is amended to read:

409.185. (1) The State Office for Services to Children and Families is established in the Department of Human Resources.

(2) The Assistant Director for Services to Children and Families shall be appointed by the Director of Human Resources subject to approval by the Governor from among persons well qualified by training and experience to proved the services described in ORS 409.190. The assistant director shall serve at the pleasure of the director.

(3) The assistant director shall hire and supervise qualified personnel required to provide the services described in ORS 409.190, and may contract as necessary with appropriate public and private providers for such services.

(4) The assistant director shall oversee the development of standars and procedures for assessment, investigation, and enforcement of child protective services.

(5)(a) The office shall take action to implement the provision of child protective services as outlined in ORS 417.705 to 417.790 and 419A.170 and based on the recommendations in the 1992 "Oregon Child Protective Services Performance Study" published by the University of Southern Maine.

(b) In all substantiated cases of child abuse and neglect, the role of the State Office for Services to Children and Families is to complete a comprehensive family assessment of risk of abuse or neglect, or both, assess service needs, and provide immediate protective services as necessary.

(c) The office shall provide remedial services needed to insure the safety of the child.

(d) In all cases of abuse and neglect when a criminal investigation occurs, the role of law enforcemtn agencies is to provide a legally sound, child sensitive investigation of whether abuse or neglect or both have occurred and to gather other evidence and perform other responsibilities in accordance with interagency agreements.

(e) [The office and] Law enforcement agencies shall conduct the investigation and the office shall conduct an assessment [concurrently], based upon the protocols of the multidisciplinary team in each jurisdiction.

(f) When [the office and] law enforcement agencies conduct [a joint investigation] investigations and when the office conducts [assessment] assessements, the activities of the office and agencies are to be clearly differentiated by the protocols of the multidisciplinary team.

(g) Nothing in this subsection is intended to be inconsistent with ORS 418.747, 418.748, and 418.749, and ORS chapter 419B.

SECTION 2. ORS 419B.005 is amended to read:

419B.005 As used in ORS 418.747, 418.748, 418.749 and 419B.005 to 419B.050, unless the context requires otherwise:

(1)(a) "Abuse means:

(A)Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child which has been caused by other than accidental means [, including any injury which appears to be at variance with the explanation given of the injury.] and requires a physician's attention, including but not limited to, a second or third degree burn, broken bone, or open wound.

(B) Any mental injury to a child, which shall include only observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.

(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163.

(D) Sexual abuse, as defined in ORS chapter 163.

(E) Sexual exploitation, including but not limited to:

1. Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS 163.655 and 163.670, sexual abuse involving a child or the rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 or which is designed to serve educational or other legitimate purposes; and

(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution, as defined in ORS chapter 167.

(F) Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter, or medical care. However, any child who is under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or the child's parent or guardian shall not, for this reason alone, be considered a neglected or maltreated child under this section.

(G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child's health or welfare.

(H) Buying or selling a person under 18 years of age as described in ORS 163.537

(b) "Abuse" does not include reasonable discipline unless the discipline results in one of the conditions described in paragraph (a) of this subsection.

(2) "Child" means an unmarried person who is under 18 years of age.

(3) "Public or private official" means:

1. Physician, including any intern or resident.
2. Dentist
3. School Employee.
4. Licensed practical nurse or registered nurse.
5. Employee of the Department of Human Resources, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency or an alcohol and drug treatment program.
6. Peace Officer.
7. Psychologist.
8. Clergyman.
9. Licensed clinical social worker.
10. Optometrist.
11. Chiropractor.
12. Certified provider of child care or foster care, or an employee thereof.
13. Attorney
14. Naturopathic physician.
15. Licensed professional counselor.
16. Licensed marriage and family therapist.
17. Firefighter or emergency medical technician
18. A court appointed special advocate, as defined in ORS 419A.004.

1. Any city or municipal police department.
2. Any county sheriff's office.
3. The Oregon State police.
4. A county juvenile department.

1. Cause an investigation to be made to determine the nature and cause of the abuse of the child; and
2. Notify the Child Care Division if the alleged child abuse occurred in a child care facility as defined in ORS 657A.250.

1. If the law enforcement agency conducting the investigation finds [reasonable] probable cause to believe that abuse has occurred, the law enforcement agency shall notify by oral report followed by written report the local office of the State Office for Services to Children and Families. The State Office for Services to Children and Families shall provide protective social services of its own or of other available social agencies if necessary to prevent further abuses to the child or to safeguard the child's welfare.
2. Notwithstanding subsection (2) of this section, no child shall be taken into protective custody on the first report of abuse unless the investigating law enforcement official finds probable cause to believe that the child is in imminent danger of serious bodily harm.
3. A parent's refusal to speak with an investigating law enforcement official shall not be construed as justification for taking a child into protective custody, nor as evidence that abuse has occurred.

1. The State Office for Services to Children and Families also shall make a [reasonable] substantial effort to notify the noncustodial parent of the information required by paragraph (a) of this subsection [in a timely manner] within forty-eight hours of the time the child was taken.
2. If a child is taken into custody while under the care and supervision of a person or organization other than the parent, the State Office for Services to Cildren and Families, if possible, shall immediately notify the person or organization that the child has been taken into protective custody.

1. State Board of Examiner for Speech-Language Pathology and Audiology;
2. State Board of Chiropractic Examiners;
3. State Board of Clinical Social Workers;
4. Oregon Board of Licensed Professional Counselors and Therapists;
5. Oregon Board of Dentistry;
6. State Board of Denture Technology;
7. Board of Examiners of Licensed Dietitians;
8. State Board of Massage Technicians;
9. State Mortuary and Cemetery Board;
10. Board of Naturopathic Examiners;
11. Oregon State Board of Nursing;
12. Board of Examiners of Nursing Home Administrators;
13. Oregon Board of Optometry;
14. State Board of Pharmacy;
15. Board of Medical Examiners;
16. Occupational Therapy Licensing Board
17. Physical Therapist Licensing Board;
18. State Board of Psychologist Examiners; or
19. Board of Radiologic Technology.