(1) As used in this section:

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(a) ‘Designated medical professional’ means the person described in ORS § 418.747 (9) or the person’s designee.

(b) ‘Medical assessment’ has the meaning given that term in ORS § 418.782.

(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 ORS § 419B.020 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 shall, in accordance with the protocols and procedures of the county child abuse multidisciplinary team described in ORS § 418.747:

(A) Immediately photograph or cause to have photographed the suspicious physical injuries in accordance with ORS § 419B.028; 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) Notwithstanding ORS § 419B.150, the person described in paragraph (a) of this subsection 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 subsection.

(3) The requirement of subsection (2) of this section shall apply:

(a) Each time suspicious physical injury is observed by Department of Human Services 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 ORS § 419B.020; and

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

(4)(a) Department or law enforcement personnel shall make a reasonable effort to locate a designated medical professional. If after reasonable efforts a designated medical professional is not available to conduct a medical assessment within 48 hours, the child shall be evaluated by an available physician, a physician assistant licensed under ORS § 677.505 to 677.525 or a nurse practitioner licensed under ORS § 678.375 to 678.390.

(b) If the child is evaluated by a health care provider as defined in ORS § 127.505 other than a designated medical professional, the health care provider shall make photographs, clinical notes, diagnostic and testing results and any other relevant materials available to the designated medical professional 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 ORS § 419B.050.

(5) Nothing in this section 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 subsection (2) of this section is less than five years of age, the designated medical professional may, within 14 days, refer the child for a screening for early intervention services or early childhood special education, as those terms are defined in ORS § 343.035. 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 shall be invited to participate in the county child abuse multidisciplinary team’s review of the case and shall be provided with paid time to do so by the person’s employer.

(7) Nothing in this section 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 section. [2007 c.674 § 3; 2009 c.296 § 1; 2014 c.45 § 42; 2017 c.356 § 42; 2019 c.141 § 25; 2019 c.594 § 5]

419B.023 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

[2007 c.674 § 4; 2017 c.469 § 1; 2019 c.555 § 6; renumbered 418.811 in 2019]