OREGON

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WHO:        ANY person MAY report voluntarily.  [Rev. Stat. § 419B.015(1)]       

These public and private officials are mandatory (MUST report): • Physicians, physician assistants, naturopathic physicians, interns, or residents • Dentists • School employees, including employees of higher education institutions • Licensed practical nurses, registered nurses, nurse practitioners, nurse’s aides, home health aides, or employees of in-home health services • Employees of the Department of Human Services, the Oregon Health Authority, the Early Learning Division, Department of Education, Youth Development Division, the Office of Child Care, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program • Peace officers • Psychologists • Clergy members • Regulated social workers • Optometrists • Chiropractors • Certified foster care providers or their employees • Attorneys • Licensed professional counselors • Licensed marriage and family therapists • Firefighters or emergency medical services providers • Court-appointed special advocates • Registered or certified child care providers • Legislative Assembly members • Physical, speech, or occupational therapists • Audiologists • Speech-language pathologists • Employees of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission • Pharmacists • Operators of preschool recorded programs • Operators of school-age recorded programs • Employees or a private agency or organization facilitating provision of respite services for parents pursuant to a properly executed power of attorney • Employees of a public or private organization providing child-related services or activities: (A) Including but not limited to youth groups or centers, scout groups or camps, summer or day camps, survival camps or groups, centers or camps operated under the guidance, supervision or auspices of religious, public or private educational systems or community service organizations; and (B) Excluding community-based, nonprofit organizations whose primary purpose is to provide confidential, direct services to victims of domestic violence, sexual assault, stalking or human trafficking • Coach, assistant coaches or trainers of amateur, semiprofessional or professional athletes, if compensated and if the athlete is a child • Personal support workers • Home care workers • Animal control officers • Members of a school district board or public charter school governing body • An individual paid by a public body to provide a service in an individualized written service plan of a child with a developmental disability. [Rev. Stat. §§ 419B.005(6); 419B.010(1)]

·       NOTE: The mandate is not limited to observations made in work environments.

·       Child means unmarried and either: (a) under age 18; or (b) under age 21 and living in or receiving care or services from a child-caring agency (CCA).  [Rev. Stat. § 419B.005(2)]

o    CCAs are any private entity (school, agency, or organization) or county program, for: (a) day treatment for emotional disturbances, (b) adoption placement; (c) residential care (e.g., fostering or treatment); (d) academic education; (e) therapy (e.g., emotional, behavioral, mental health); (f) outdoor youth programs; (g) etc.

o    CCAs include: (i) shelter-care non-foster homes; (ii) independent residence facilities; (iii) private residential boarding schools; and (iv) child-caring facilities.

o    For more info on CCAs, see https://www.oregonlaws.org/ors/418.205

·       STANDARD:  [Rev. Stat. §§ 419B.010(1); 419B.025] 

(1)      Mandatory reporter: any public or private official who has reasonable cause to believe that anyone with whom the official comes in contact has (a) suffered abuse (if s/he is a child), or (b) abused a child.

(2)      Other reporters: reasonable grounds and good faith (are the basis for immunity). 

·       PRIVILEGE:  A psychiatrist, psychologist, clergy member, attorney, and guardian ad litem are NOT required to disclose information from legally privileged communications. In particular, attorney-client privilege applies if reporting the information would be detrimental to the client.  [Rev. Stat. § 419B.010(1)]

·       REDUNDANCY: a public or private official does not need to report information that s/he reasonably believes is already known by a law enforcement agency or DHS.  [Rev. Stat. § 419B.010(2)]

WHEN:      For mandatory reports: IMMEDIATE.  No timing is specified for voluntary reports, but official responses are immediate.  [Rev. Stat. §§ 419B.010(1); 419B.020(1)]   

WHERE & HOW:  For both mandated and voluntary reports: oral by phone or otherwise, TO (1) the Department of Human Services (DHS) local office or DHS designee (e.g., hotline); OR (2) a law enforcement agency in the county where the reporter is located at the time of making contact.  [Rev. Stat. § 419B.015(1)]

·       If someone is hurt or in danger now:     dial 911 IMMEDIATELY; report afterward

·       Oregon Child Abuse hotline (24/7):        855-503-SAFE     (855-503-7233)

·       Local DHS Child Welfare Office (directory at URL immediately below)

https://www.oregon.gov/DHS/Offices/Pages/Child-Welfare.aspx

·       Law enforcement directory:                    https://www.usacops.com/or/

·       A reporting guide is at this URL:           

https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/de9061.pdf

OTHER ASPECTS

·       INSTITUTIONS: The duty is personal – meaning individuals must report personally – regardless of whether the reporter is an organization’s employee, volunteer, or representative, and regardless of internal reporting.  [Rev. Stat. § 419B.010(3),(4)]

·       REPORT DETAILS: The report MUST contain, if known: (a) names and addresses of the child and parents or other persons responsible for him/her; (b) child's age; (c) nature and extent of the abuse, including any evidence of previous abuse; (d) the explanation given for the abuse; and (e) any other info that might help to establish the cause of abuse and perpetrator’s identity.  [Rev. Stat. § 419B.015(1)]  DHS also asks (if known): (f) names and ages of other children living in the household; (g) name of the alleged perpetrator(s) and relationship to the child; (h) the alleged perpetrator(s)’s address; (i) current whereabouts of each of the above persons; (j) information about how to locate the child, the parent or caregiver, and the alleged perpetrator(s); (k) family information, including past, current, or potential future child-related information; (l) family’s primary language; (m) family’s race and ethnicity; (n) family origin if Hispanic (Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultural origin regardless of race); and (o) military status if any, of persons.  [p. 18-19, Child Welfare Procedure Manual, DHS 6545 (4/5/2018)]

·       REPORTER PROTECTION: (1) The statutes do NOT specifically require the reporter’s name in the report. (2) The reports are confidential and disclosed only for official use; DHS and law enforcement agencies who receive reports may not disclose a reporter’s name, address, or other identifying info. [Rev. Stat. § 419B.015(3)(b); 419B.035(1)(3)(5)]  (3) Any reporter in good faith who has reasonable grounds is immune from civil and criminal liability.  [Rev. Stat. § 419B.025]

WHY:        (1) (Anyone) violating the reporting laws (including reporting requirements) has a class A violation for which prosecution may begin within 18 months afterward.  [Rev. Stat. § 419B.010(5)]. (2) (Anyone) who knowingly makes a false report (a) to DHS or a law enforcement agency (b) with intent to influence a decision on custody, parenting time, visitation, or child support, commits a class A violation; likewise, (3) (anyone) who knowingly makes a false report (a) to a public or private official (b) with intent to induce them to report to DHS or a law enforcement agency, commits a class A violation.  [Rev. Stat. § 419B.016]

WHAT:      In Oregon, child abuse includes neglect and encompasses: assault and non-accidental physical injury, mental injury by cruelty, rape, sexual abuse, sexual exploitation, negligent treatment or maltreatment, threat/risk of harm, buying or selling a person, permitting nearness to methamphetamine manufacture, and unlawful exposure to controlled substances or to unlawful manufacture of cannabinoid extract.  [Rev. Stat. § 419B.005(1)]     

Initial Screening Criteria (CPS): whether the information received constitutes a report of child abuse or neglect, as defined by law, and any of the following is true: (A) the alleged perpetrator is any of (i) the child’s legal parent, (ii) resides in the home, (iii) may have access to the victim but the parent or caregiver may not be able or willing to protect the child, or (iv) the incident was in a day care facility, or DHS-certified foster home, or relative caregiver home; (B) the report involves a home certified by Child Welfare or for foster care; (C) (unless a CPS program manager approves an exception to intake) the current report is at least the fourth consecutive report closed at screening for the same family, and at least one child in the home is younger than age 5; or (D) A tribe or law enforcement agency requests DHS assistance with an investigation of child abuse or neglect, and a CPS supervisor agrees that it is appropriate.  [Admin. Rules § 413-015-0211; p. 34, Child Welfare Procedure Manual, DHS 6545 (4/5/2018)]

·        FYI: Screening consolidates abuse categories: (1) physical injury (assault, physical injuries); (2) mental injury; (3) neglect (by a parent/caregiver, including: negligent treatment or maltreatment; child selling; methamphetamine exposure; other controlled drug or cannabinoid exposure); (4) sexual abuse or sexual exploitation (rape, sexual abuse, sexual exploitation); and (5) threat of harm. [p. 86, DHS Child Welfare Procedure Manual (6/1/2020), rev. 7/31/2020]

Reportable: (a) a parent, guardian, caregiver, or other person responsible for the child, particularly for cruel mental injury, and for negligent treatment or maltreatment, but also for assault or non-accidental physical injury, rape, sexual abuse, sexual exploitation, threat/risk of harm, buying or selling a person, permitting nearness to methamphetamine manufacture, unlawful exposure to controlled substances or to unlawful cannabinoid extract manufacture; or (b) a birth mother for prenatal harmful exposure to alcohol or drugs; or (c) anyone for assault or non-accidental physical injury, mental injury caused by cruelty, rape, sexual abuse, sexual exploitation, negligent treatment or maltreatment [e.g., if careless injury is by a bystander], threat/risk of harm, buying or selling a person, permitting nearness to methamphetamine manufacture, unlawful exposure to controlled substances or to unlawful manufacture of cannabinoid extract.  [Rev. Stat. § 419B.005(1)] 

·        NOTE: The statute does not limit abuse definitions to any group. DHS focuses on in-family situations. Law enforcement focuses on the others.

·        Other person(s) responsible for (care of) the child is not defined in the statutes reviewed. Implicitly it may be anyone who has a duty for the child’s well-being.

·        Caregiver relationship is a technical term for a non-relative who has met all the needs of a child for a significant period, and the child relies on that. Dependency proceedings recognize it if it existed: (a) for 12 months before the proceeding started; (b) for 6 months during the proceeding; or (c) for half the life of a child under age 6 months, if the caregiver had physical custody, resided in the same house, provided all the child’s needs, and the child depended on him/her.  [Rev. Stat. § 419B.116(1)]

Child Abuse includes child neglect, and means doing any of the following. But it does NOT include reasonable discipline that does not result in any condition described below.  [Rev. Stat. § 419B.005(1)]

(A)     Any assault on a child or any non-accidental physical injury to the child that appears to be at variance with the explanation given for it.

(1)     ASSAULT is intentionally, knowingly, or recklessly injuring someone physically, or injuring them by criminal negligence with a deadly weapon or a motor vehicle.

(2)     DHS does not require visible signs of injury, but states that signs may include: bite marks, bruises, cuts, dislocations, mouth injuries, punctures, bone fractures, welts, burns, head injuries, internal injuries, sprains/strains, torture, wounds, poisoning, electrical shock, and death. However, a physical injury from a parent or caregiver’s failure to act is NOT included in this category.  [p. 91-93, DHS Child Welfare Procedure Manual (6/1/2020), rev. 7/31/2020]

(B)     Any mental injury caused by cruelty to a child, where the injury is an observable, substantial impairment of his/her mental or psychological ability to function, with due regard to the child’s culture. See clarifications below.  [p. 87-88, DHS Child Welfare Procedure Manual (6/1/2020), rev. 7/31/2020]

(1)     DISABILITY: DHS state that mental injury may be to the child’s abilities in critical thinking, problem solving, regulation of emotions, and/or social relationships. But it does NOT include temporary unhappiness, distress, or annoyance. 

(2)     CRUELTY – according to DHS – refers to a parent/caregiver’s intense and/or consistently harmful acts or statements to the child, for example: (a) rejecting; (b) threatening; (c) intimidating; (d) disparaging, or (e) humiliating. These may done, threatened, or permitted by the parent/caregiver. The effects may be intentional or not. Cause-effect proof is NOT needed when reporting these.

(C)     Rape of a child, such as rape, sodomy, unlawful sexual penetration, or incest.

(1)     RAPE includes statutory rape (sexual intercourse with a person under age 16, consensual or not).  [Rev. Stat. § 163.355(1)]

(2)     SODOMY means oral or anal sexual intercourse, or causing someone to engage in it.  [Rev. Stat. § 163.385(1)]

(3)     SEXUAL INTERCOURSE has its ordinary meaning, with any penetration, however slight; emission is not required.  [Rev. Stat. § 163.305(7)]

(4)     UNLAWFUL SEXUAL PENETRATION is of another person’s vagina, anus, or penis with an object besides the actor’s penis or mouth, except for medical acts or a law enforcement body search. [Rev. Stat. § 163.408(1); 163.411(2)]

(5)     INCEST is sexual, oral or anal intercourse with a person known to be related, legitimately or not, as an ancestor, descendant (natural, stepchild, or adopted) or brother or sister of whole or half blood.  [Rev. Stat. § 163.525(1); 163.505(2)]

(D)     Sexual abuse, meaning any of: (a) (any) person subjects a child under age 18 to sexual contact; (b) vaginal, oral, or anal intercourse; (c) penetration by an object into vagina, anus, or penis except for medical purposes or law enforcement body search; (d) for anyone’s arousal or gratification, either (d1) propels a dangerous substance (meaning, blood, urine, semen, or feces) at him/her without consent, or (d2) causes a person under age 18 to touch or contact an animal’s mouth, anus or sex organs.  [Rev. Stat. §§ 163.415(1),(3); 163.425(1)(a); 163.427(1); 163.412]

(1)     SEXUAL CONTACT means touching a person’s sexual or other intimate parts, or causing him/her to do it to another person, for the purpose of arousing or gratifying either person’s sexual desire.  [Rev. Stat. §§ 163.305(6)]

(2)     CONTEXT: THE AGE OF CONSENT is 18. For underage sex, it is a defense that a child who is age 12, 13, 14, 15, 16, or 17 consented to someone else in that age range (12-17) if they were less than 3 years apart in age. Mistake-in-age is a defense as to ages over 16, but not as to as age 16. Consent requires that there is no mental defect, mental incapacity, or physical helplessness.  [Rev. Stat. § 163.315(1)(a); 163.325(1)-(2); 163.345(1)-(3)]

(E)     Sexual exploitation, including but not limited to any of:

(1)     Contributing to the SEXUAL DELINQUENCY of a minor: a person age 18 or more has vaginal, oral, or anal intercourse with someone under age 18, or causes them to have it;  [Rev. Stat. § 163.435(1)]

(2)     Any other conduct which (a) ALLOWS, employs, authorizes, permits, induces or encourages a child to engage in (b) performing for OBSERVERS or for PHOTOGRAPHING, filming, tape recording or other exhibition which, in whole or in part, depicts (c) sexual conduct or contact, sexually explicit conduct, or sexual abuse involving a child or rape of a child; but this does NOT include conduct which is part of a child abuse investigation or designed to serve educational or other legitimate purposes; [Rev. Stat. § 163.670(1); 491B.020]

(a)      Sexual conduct is vaginal, oral, or anal intercourse. [Rev. Stat. § 167.002(4)]

(b)      Sexual contact is touching a non-spouse’s sexual organs or other intimate parts for either party’s arousal or gratification.  [Rev. Stat. § 167.002(5)]

(c)      Sexually explicit conduct means actual or simulated: (i) ordinary or deviant sexual intercourse; (ii) genital-genital, oral-genital, anal-genital or oral-anal contact, of the same or opposite sex or between humans and animals; (iii) penetration of vagina or rectum by any object except medically or for hygiene; (iv) masturbation; (v) sadistic or masochistic abuse; or (vi) lewd exhibition of sexual or other intimate parts.  [Rev. Stat. § 163.665(3)]

(3)     ALLOWING, permitting, encouraging or hiring a child to: (a) engage in prostitution or a commercial sex act; (b) purchase sex with a minor; or (c) engage in commercial sexual solicitation. 

(a)      There (a) and (c) concern sale of sexual conduct or sexual contact; (b) concerns sale of sexual intercourse or sexual contact.  [Rev. Stat. §§ 167.007(1); 163.266(3); 163.413(1); 167.008(1)]

(F)     Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care, where the negligent treatment or maltreatment that is likely to endanger the child’s health or welfare.

(1)     DHS calls it NEGLECT and expands on the statutory definition: negligent treatment of a child, by the parent/caregiver, including but not limited to, failure to provide adequate food, clothing, shelter, supervision, protection, nurturing or medical care, where the lack is likely to endanger the child’s health or welfare.  [p. 86-91, DHS Child Welfare Procedure Manual (6/1/2020), rev. 7/31/2020]

(a)   Welfare is defined as quality of life.

(b)   An infant who is experiencing drug symptoms, drug withdrawal, or alcohol symptoms is deemed neglected.

(c)   Exposure to domestic violence is a sign of neglect, only IF a child is at risk.

(d)   Medical neglect is NOT mere lack of vaccinations or regular check-ups.

(2)     SUPERVISION: a child under age 10 may not be left unattended for a period of time that may be likely endanger his/her health or welfare.  [Rev. Stat. § 163.545(1)]  Whether to leave a child alone or for how long depends on: (a) age & maturity (responsibility; responses to stressful situations; comfort when alone); (b) circumstances (length of time alone; time of day; whether food preparation is required; whether the child knows how to lock the door, call for help, or respond to someone at the door); (c) safety skills (for emergencies; following plans; knowing full name, address, and phone number; contacting parent or caregiver); (d) communication (access to a phone, computer or tablet; and skills to call 911).  [p. 26 https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/de9061.pdf]

(G)    Threatened (i.e., risking) harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare (i.e., quality of life). It is clarified below. [p. 95-96, DHS Child Welfare Procedure Manual (6/1/2020), rev. 7/31/2020]

(1)     Definition: behaviors, conditions, and circumstances that place a child a high risk or likelihood of being abused. DHS uses this category if likely harms fit no others.

(2)     Examples are: (a) abuse of another child in the household; (b) parental substance abuse; (c) history of parent/caregiver’s acts or failures to act; (d) alleged perpetrator who is a registered sex offender (regardless of whether s/he completed treatment); or (e) evidence of sexual grooming behaviors to the child.

(H)     Buying or selling a person under age 18. This means to buy, sell, barter, trade, or offer to buy or sell legal or physical custody of him/her.  [Rev. Stat. § 163.537(1),(2)]  

(1)     it does NOT include: (a) adoption fees and expenses; (b) child support payments; (c) DHS license fees; (d) surrogate mothers’ fees; or (e) divorce settlements.

(I)       Permitting a person under 18 years of age to enter or remain in or upon premises where METHAMPHETAMINES are being manufactured.

(J)      Unlawful exposure to a CONTROLLED substance (or its precursors), or to unlawful manufacturing of a CANNABINOID (marijuana) extract, that poses a substantial risk of harm to a child’s health or safety.  [Rev. Stat. § 475.005(6); 475B.015(4)]