Oregon Statutes 409.185 – Standards and procedures for child protective services
(1) The Director of Human Services shall oversee the development of standards and procedures for assessment, investigation and enforcement of child protective services.
Terms Used In Oregon Statutes 409.185
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2)(a) The Department of Human Services shall take action to implement the provision of child protective services as outlined in ORS § 417.705 to 417.800 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 department 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 department shall provide remedial services needed to ensure the safety of the child.
(d) In all cases of child abuse and neglect for which a criminal investigation is conducted, the role of law enforcement 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 department and law enforcement agencies shall conduct the investigation and assessment concurrently, based upon the protocols and procedures of the county child abuse multidisciplinary team in each jurisdiction.
(f) When the department and law enforcement agencies conduct a joint investigation and assessment, the activities of the department and agencies are to be clearly differentiated by the protocols of the county child abuse multidisciplinary team.
(g) Nothing in this subsection is intended to be inconsistent with ORS § 418.702, 418.747 and 418.748 and ORS Chapter 419B.
(h) In all cases of child abuse for which an investigation is conducted, the department shall provide a child’s parent, guardian or caregiver with a clear written explanation of the investigation process, the court hearing process and the rights of the parent, guardian or caregiver in the abuse investigation and in the court proceedings related to the abuse investigation.
(3) Upon receipt of a recommendation of the Children’s Advocate under ORS § 417.815 (2)(e), the department shall implement the recommendation or give the Children’s Advocate written notice of an intent not to implement the recommendation. [1993 c.676 § 11; 1995 c.79 § 397; 1997 c.130 § 4; 1997 c.249 § 126; 2001 c.900 § 68; 2003 c.591 § 7; 2005 c.499 § 1; 2005 c.562 § 24; 2012 c.97 § 19; 2019 c.141 § 13]
[1993 c.676 § 28(1); 1997 c.130 § 5; repealed by 2001 c.900 § 261]