Oregon Statutes 418.800 – Review of certain cases by county child abuse multidisciplinary team
(1) If, in a case of alleged child sexual abuse as described in ORS § 419B.005 (1)(a)(C), (D) or (E) by a parent, guardian or caregiver living in the child’s home, the Department of Human Services asks the parent, guardian or caregiver to move from the family home during the investigation and the parent, guardian or caregiver consents to leave the family home, the department shall notify the district attorney responsible for the county child abuse multidisciplinary team for the county in which the child resides about the case. The notification shall be in writing and be given no later than three business days after the departure of the parent, guardian or caregiver from the family home.
Terms Used In Oregon Statutes 418.800
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) A parent, guardian or caregiver who consents to leave the family home as described in subsection (1) of this section or the spouse of the parent, guardian or caregiver may ask the district attorney responsible for the county child abuse multidisciplinary team for a review of the case by the team.
(3) No later than 90 days after receiving a request under subsection (2) of this section, the county child abuse multidisciplinary team shall:
(a) Review the case and consider at least the following:
(A) Whether the investigation should continue;
(B) The welfare of the child and the adults living in the family home; and
(C) The proposed timeline for completing the investigation; and
(b) Provide to the person who requested the review a summary of the proposed timeline for completing the investigation.
(4)(a) This section may not be construed to create a new private right of action against a district attorney or any member of a county child abuse multidisciplinary team.
(b) A district attorney and members of a county child abuse multidisciplinary team reviewing a case under subsection (2) of this section are immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to reviewing a case, failing to review a case referred to the team under subsection (2) of this section or providing to the person who requested the review a summary of the proposed timeline for completing the investigation.
(c) The act of reviewing a case or failing to review a case referred to the county child abuse multidisciplinary team under subsection (2) of this section or providing or failing to provide a summary to the person who requested the review may not be used by a defendant in any subsequent criminal prosecution or juvenile proceeding. [2005 c.499 § 2; 2019 c.141 § 23]
418.800 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
CRITICAL INCIDENT REVIEW TEAMS