(1) Upon notice by a law enforcement agency, DHS, a member agency of a county child abuse multidisciplinary team or a member of a county child abuse multidisciplinary team that a child abuse investigation is being conducted under 419B.020 (duty of dhs or law enforcement agency receiving report), a health care provider must permit the notifying entity to inspect and copy medical records, including, but not limited to, prenatal and birth records, of the child involved in the investigation without the consent of the child, or the parent or guardian of the child.

A health care provider who in good faith disclosed medical records under this section is not civilly or criminally liable for the disclosure

(1) as used in this statute:

(a) “designated medical professional” (DMP) means the person described in 418.747 (County teams for investigation) (9) or the person’s designee.

(b) “medical assessment” means taking of a child’'s thorough medical history and a complete physical examination of the child, for the purpose of making a medical diagnosis, by or under the direction of an individual trained in the evaluation, diagnosis and treatment of child abuse who is a licensed physician, physician assistant or nurse practitioner

(c) “suspicious physical injury” includes, but is not limited to:

(A) burns or scalds

(B) extensive bruising or abrasions on any part of the body

(C) bruising, swelling or abrasions on the head, neck or face

(D) fractures of any bone in a child under the age of three

(E) multiple fractures in a child of any age

(F) dislocations, soft tissue swelling or moderate to severe cuts

(G) loss of the ability to walk or move normally according to the child’s developmental ability

(H) unconsciousness or difficulty maintaining consciousness

(I) multiple injuries of different types

(J) injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ OR

(K) any other injury that threatens the physical well-being of the child

(2)(a) if a person conducting an investigation under 419B.020 (duty of dhs or law enforcement agency receiving report) observes a child who has suffered suspicious physical injury and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse, the person will, in accordance with the protocols and procedures of the county child abuse multidisciplinary team described in 418.747 (County teams for investigation):

(A) immediately photograph or cause to have photographed the suspicious physical injuries in accordance with 419B.028 (photographing child during investigation) AND

(B) ensure that a designated medical professional conducts a medical assessment within 48 hours, or sooner if dictated by the child’'s medical needs.

(b) regardless of 419B.150 (when protective custody authorised), the person described in paragraph (a) may take the child into protective custody, without a court order, only for the period of time necessary to ensure compliance with the requirements of this paragraph

(3) the requirement of paragraph (2) will apply:

(a) each time suspicious physical injury is observed by DHS or law enforcement personnel:

(A) during the investigation of a new allegation of abuse OR

(B) if the injury was not previously observed by a person conducting an investigation under 419B.020 (duty of dhs or law enforcement agency receiving report) AND

(b) regardless of whether the child has previously been photographed or assessed during an investigation of an abuse allegation

(4)(a) DHS or law enforcement personnel will make a reasonable effort to locate a DMP. If after reasonable efforts a DMP is not available to conduct a medical assessment within 48 hours, the child will be evaluated by an available physician, a physician assistant licensed under 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs)

(b) if the child is evaluated by a health care provider other than a DMP, the health care provider will make photographs, clinical notes, diagnostic and testing results and any other relevant materials available to the DMP for consultation within 72 hours following evaluation of the child.

(c) the person conducting the medical assessment may consult with and obtain records from the child’s health care provider under 419B.050 (Authority of health care provider to disclose information)

(5) Nothing in this statute prevents a person conducting a child abuse investigation from seeking immediate medical treatment from a hospital emergency room or other medical provider for a child who is physically injured or otherwise in need of immediate medical care.

(6) If the child described in paragraph (2) is less than five (5), the DMP may, within 14 days, refer the child for a screening for early intervention services or early childhood special education. The referral may not indicate the child is subject to a child abuse investigation unless written consent is obtained from the child’'s parent authorizing such disclosure. If the child is already receiving those services, or is enrolled in the Head Start program, a person involved in the delivery of those services to the child wll be invited to participate in the county child abuse multidisciplinary team’s review of the case and will be provided with paid time to do so by the person’'s employer.

(7) nothing in this statute limits the rights provided to minors in ORS chapter 109 or the ability of a minor to refuse to consent to the medical assessment described in this statute

See Juvenile Law for more information

(1) If DHS or a LEA receives a report of child abuse, they will immediately:

(a) cause an investigation to be made to determine the nature and cause of the abuse of the child AND

(b) make the following notifications:

(A) to the Office of Child Care if the alleged child abuse occurred in a child care facility OR

(B) to the Department of Education if the alleged child abuse occurred in a school or was related to a sponsored activity

(2) DHS will ensure that an investigation required by paragraph (1) is completed if the report is not investigated by a LEA

(3) if the abuse reported in paragraph (1) is alleged to have occurred at a child care facility or in a school or was related to a sponsored activity:

(a) DHS and the LEA will jointly determine their roles and responsibilities in their respective investigations AND

(b) DHS and the agency will each report the outcomes of their investigations to the Office of Child Care or to the Department of Education.

(4) if the LEA conducting the investigation finds reasonable cause to believe that abuse has occurred, it will notify by oral report followed by written report the local DHS office. DHS will 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

(5) if a child is taken into protective custody by DHS, DHS will promptly make reasonable efforts to ascertain the name and address of the child’'s parents or guardian

(6)(a) if a child is taken into protective custody by DHS or a law enforcement official, DHS or the law enforcement official will, if possible, make reasonable efforts to advise the parents or guardian immediately, regardless of the time of day:

(b) Notice may be given by any means reasonably certain of notifying the parents or guardian, including but not limited to written, telephonic or in-person oral notification. If the initial notification is not in writing, the information required by paragraph (a) will also be provided to the parents or guardian in writing as soon as possible.

(c) DHS will also make a reasonable effort to notify the noncustodial parent of the information required by paragraph (a) in a timely manner

(d) If a child is taken into custody while under the care and supervision of a person or organization other than the parent, DHS, if possible, will immediately notify the person or organization that the child has been taken into protective custody

(7) if a LEO or DHS, when taking a child into protective custody, has reasonable cause to believe that the child has been affected by sexual abuse and rape of a child and that physical evidence of the abuse exists and is likely to disappear, the court may authorize a physical examination for the purposes of preserving evidence if the court finds that it is in the best interest of the child to have such an examination. Nothing in this section affects the authority of DHS to consent to physical examinations of the child at other times

(8) a minor child 12 or older may refuse to consent to the examination described in paragraph (7). The examination will be conducted by or under the supervision of a physician licensed under ORS chapter 677, a physician assistant licensed under 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, trained in conducting such examinations

(9) when DHS completes an investigation under this statute, if the person who made the report of child abuse provided contact information to DHS, DHS will notify the person about whether contact with the child was made, whether DHS determined that child abuse occurred and whether services will be provided. DHS is not required to disclose information under this paragraph if DHS determines that disclosure is not permitted under 419B.035 (Confidentiality of records)

See Juvenile Law for more information

(1) Any public or private official having reasonable cause to believe that any child they come in contact has suffered abuse or that any person with the official comes in contact has abused a child will immediately report or cause a report to be made as required in 419B.015 (report form and content)

Nothing contained in ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) or 419B.234 (Qualifications) (6) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem appointed under ORS 419B.231 (Appointment) is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) or 419B.234 (Qualifications) (6).

An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

(2) regardless of paragraph (1), a report need not be made under this statute if the public or private official acquires information relating to abuse by reason of a report made under this statute, or by reason of a proceeding arising out of a report made under this statute, and the public or private official reasonably believes that the information is already known by a LEA or DHS.

(3) the duty to report under this statute is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.

(4) the duty to report under this section exists regardless of whether the entity or organization that employs the public or private official or uses the official as a volunteer has its own procedures or policies for reporting abuse internally within the entity or organization.

(5) a person who violates paragraph (1) of this section commits a Class A violation. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense.

See Juvenile Law for more information

anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for the making thereof will have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant will have the same immunity with respect to participating in any judicial proceeding resulting from such report

(1) DHS or a LEA has the authority to conduct an investigation, on school premises, of a report of child abuse

(2) when an investigation of a report of child abuse is conducted on school premises, the school administrator will first be notified that the investigation is to take place, unless the school administrator is a subject of the investigation

(3) DHS or the LEA conducting the investigation will present adequate identification to school staff members

(4) after DHS or the LEA presents adequate identification, school staff members will cooperate with the investigation by, at a minimum:

(a) allowing DHS or the LEA access to the child who is the suspected victim in the report of child abuse AND

(b) providing a private space in which to conduct an interview of the child

(5) DHS or the LEA conducting the investigation is not required to reveal information about the investigation to the school as a condition of conducting the investigation

(6) the school administrator or a school staff member designated by the administrator may, at the investigator’'s discretion, be present to facilitate the investigation.

(7) the investigator will be advised by a school administrator or a school staff member of the child’'s disabling conditions, if any, prior to any interview with the child

(8)(a) a school administrator or school staff member may not notify any person, including the child’'s parents or guardian, other than DHS or the LEA and any school employee necessary to enable the investigation, of an investigation described in this section and may not disclose any information obtained during an investigation.

(b) information obtained during an investigation is not part of the child’'s school records

(9) a 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

(10) a school district, school administrator or school staff member may not be held liable for civil damages as a result of compliance with this statute

(11) this statute applies solely to an investigation that involves an interview of the suspected victim in the report of child abuse or witnesses and does 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

(2) a LEA or the DHS must conduct an investigation per 419B.020 (duty of dhs or law enforcement agency receiving report) if either receives a report of abuse involving a child & somone who is a school employee, contractor, agent or volunteer.

(3) [Cross reporting]

A LEA must notify DHS per 419B.015 (report form and content) if it receives a report described in paragraph (2).

DHS will notify a LEA per 419B.015 (report form and content) if it receives a report described in paragraph (2). DHS will ensure that an investigation related to the report is conducted if the report is not investigated by a LEA.

(4)(a) within three (3) business days of receiving a report or notification of a report described in paragraph (2), DHS will notify:

(A) the Teacher Standards and Practices Commission, if DHS believes the school employee, contractor, agent or volunteer is licensed or registered by the commission OR

(B) the Department of Education, if DHS believes the report of suspected abuse:

(i) occurred in a school or was related to a OR

(ii) involves a child and a person who is a school employee, contractor, agent or volunteer

(b) For the purpose of notification made under this paragraph, DHS may not disclose the name and address of, and other identifying information about, the person who made the report, but DHS will make available any information necessary to ensure the safety of the child, including the name of the school and the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this paragraph may not release any information not authorized by this paragraph.

(c) when the Department of Education receives notification under this paragraph, it will immediately notify the appropriate education providers to ensure the safety of the child

(5) DHS may adopt any rules necessary for the administration of this statute

(1) in carrying out its duties under 419B.020 (duty of dhs or law enforcement agency receiving report), any LEA or the DHS may photograph or cause to have photographed any child subject of the investigation for purposes of preserving evidence of the child’'s condition at the time of the investigation. Photographs of the anal or genital region may be taken only by medical personnel

(2) when a child is photographed pursuant to 419B.023 (duties of person conducting investigation under ors 419b.020), the person taking the photographs or causing to have the photographs taken will, within 48 hours or by the end of the next regular business day, whichever occurs later:

(a) provide hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format to the designated medical professional described in 418.747 (County teams for investigation) (9) AND

(b) place hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format in any relevant files pertaining to the child maintained by the LEA or DHS

(3) for purposes of 419B.035 (Confidentiality of records), photographs taken under authority of this statute will be considered records

(1)(a) a person making a report of child abuse, whether voluntarily or is required by 419B.010 (duty of officials to report child abuse), will make an oral report by telephone or otherwise to: the local DHS, the designee of the department or to a LEA in the county where the reporter is located at the time of the contact.

The report will contain, if known,

(b)(A) when a report of alleged child abuse is received by DHS, DHS will notify a LEA:

(B) When a report of alleged child abuse is received by a DHS designee department, the designee will notify, according to the contract, either DHS or a LEA:

(C) when a report of alleged child abuse is received by a LEA, the agency will notify DHS by making a report of the alleged child abuse to the child abuse reporting hotline.

(c) when a report of alleged child abuse is received by DHS or by a LEA, they may collect information concerning the military status of the parent or guardian of the child who is the subject of the report and may share the information with the appropriate military authorities. Disclosure of information under this paragraph is subject to 419B.035 (Confidentiality of records) (7)

(2) when a report of alleged child abuse is received under paragraph (1)(a), the entity receiving the report will make the notification required by subsection (1)(b) of according to rules adopted by DHS under 419B.017 (reporting time limits)

(3)(a) when a report alleging that a child or ward in substitute care may have been subjected to abuse is received by DHS, DHS will notify the attorney for the child or ward, the child’'s or ward’'s court appointed special advocate, the parents of the child or ward and any attorney representing a parent of the child or ward that a report has been received.

(b) the name and address of and other identifying information about the person who made the report may not be disclosed under paragraph (3). Any person or entity to whom notification is made under paragraph (3) may not release any information not authorized by that paragraph

(c) DHS will make the notification required by paragraph (3) within three (3) business days of receiving the report of alleged child abuse.

(d) regardless the obligation imposed by paragraph (3), DHS is not required under that paragraphto notify the parent or parent’'s attorney that a report of alleged child abuse has been received if the notification may interfere with an investigation or assessment or jeopardize the child’'s or ward’s' safety

(1) DHS will adopt rules establishing:

(a) The time within which the notification required by 419B.015 (report form and content) (1)(b) must be made. At a minimum, the rules will:

(A) establish which reports of child abuse require notification within 24 hours after receipt

(B) provide that all other reports of child abuse require notification within 10 days after receipt AND

(C) establish criteria that enable the department, the designee of the department or a LEA to quickly and easily identify reports that require notification within 24 hours after receipt.

(b) how the notification is to be made.

(2) DHS will appoint an advisory committee to advise the department in adopting rules required by this section. DHS will include as members of the advisory committee representatives of LEAs and multidisciplinary teams formed pursuant to 418.747 (County teams for investigation) and other interested parties

(3) DHS may recommend practices and procedures to local LEAs to meet the requirements of rules adopted under this statute

(1) an investigation conducted under 419B.020 (duty of dhs 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 419B.020 (duty of dhs or law enforcement agency receiving report) must be conducted in accordance with 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) and result in the findings described in paragraph (1) until all of the following criteria have been met:

(a) the child welfare workload model for DHS is staffed at 95% or greater;

(b) a centralized, statewide child abuse hotline has been established and in operation for at least six (6) consecutive months

(c) DHS has completed investigations within timelines mandated by law and rule at least 90% of the time for at least six (6) consecutive months

(d) DHS 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& of the reports of child abuse for at least six (6) consecutive months AND

(e) the reabuse rate for children in this state is below the national average