
Positive Suggestions for SCF Reform Legislation
Premises:
Oregon families will live happier, more secure lives when they no longer need worry
about terrorism caused by overzealous SCF or law enforcement action. SCF agents will be
able to do far more for families in the system if their caseload is substantially reduced.
Both require more stringent filters, increased standards, and better accountability.
Filters should be based on a definition of child abuse that is more generally acceptable
than a singular bruise or welt. Accountability should be in the form of mandated
recognition of harm caused by intervention, and through civil liability.
Suggested Filters:
- Modify ORS 419b to define physical abuse:
A single injury which requires a physician's attention, such as a second or third
degree burn, a broken bone, or open sores. (In such cases, the local law enforcement
agency shall request immediate removal authorization from a judge. Law enforcement will
have primary jurisdiction.) - OR -
Three or more separate incidents of willfully given bruises. A single report may
be used as justification for an investigation in which additional reports are sought,
through interviews of neighbors, teachers, or other family members. SOSCF shall have
primary investigative jurisdiction, and may request a court order for a child's removal
from the home.
- Modify ORS 419b to state that no child shall be removed from a home on a first report of
abuse unless the investigating agent or officer has probable cause to believe the
child is in immediate danger of serious bodily harm.
- Insert a new clause into ORS 419b stating that refusal to talk to an investigating
officer or agent shall not be construed as justification for removal of a child, nor as
evidence that abuse has occurred.
Suggested Standards:
- Mandate that each caseworker pass a psychological screening exam to the 85th
percentile or greater. Do not allow grandfathering of existing caseworkers.
Suggested Accountability:
Insert a new clause into ORS 419b stating that agents who fail to follow statutes shall
forfeit civil and criminal immunity.
- Mandate sensitivity training for SCF agents to trauma caused by forcible separation of
children from their families.
- Insert language into SCF policy, acknowledging substantial trauma from forcible
separation of families. Mandate that agents may take a child into custody only when the
child's danger clearly exceeds trauma to the child and family caused by forcible
separation.
- Mandate balanced interviews by requiring at least half of questions asked by
investigating officers to request positive information on parenting skills and family
condition.
- Mandate that SCF develop a list of parental rights, which shall be supplied to parents
during first contact with the family, and when any child is being taken into custody, by
either law enforcement or SCF.
- Mandate that SCF publish in its annual report, the number of agents accused of
overzealous behavior, the number disciplined, and the number discharged.
- Mandate that SCF develop statistics that show it is having a net positive benefit to
Oregon families, and quantifying that benefit.
Please dont forget that law enforcement practice needs to be specifically
addressed:
- Make parental discipline an affirmative defense against charges of Assault 4 or Criminal
Mistreatment 1, when involving injuries that do not require medical care.