Duty of DHS or law enforcement agency receiving report
ORS > Procedural Statutes > Juvenile Abuse > 419B.020
(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:
(B) to the Department of Education if the alleged child abuse occurred in a school or was related to a school-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 school-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:
- that the child has been taken into custody
- the reasons the child has been taken into custody
- general information about the childs placement AND
- the telephone number of the local DHS office and any after-hours telephone numbers
(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)
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