Bill Text: OR SB691 | 2013 | Regular Session | Introduced
Bill Title: Relating to child abuse investigations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB691 Detail]
Download: Oregon-2013-SB691-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3114
Senate Bill 691
Sponsored by Senator STEINER HAYWARD, Representative HARKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Department of Human Services to adopt rules regarding
child abuse investigations, determinations, notice and requests
for review of determinations.
A BILL FOR AN ACT
Relating to child abuse investigations.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 419B.005 to 419B.050. + }
SECTION 2. { + (1) For purposes of this section:
(a) 'Founded determination' means a determination at the
conclusion of an investigation under ORS 419B.020 that there is
reasonable cause to believe that child abuse or neglect has
occurred.
(b) 'Health care professional' means a person licensed by a
health professional regulatory board who is practicing within the
scope of practice of that licensure.
(c) 'Unable to be determined' means a determination at the
conclusion of an investigation under ORS 419B.020 that there is
insufficient information to conclude that there is reasonable
cause to believe that child abuse or neglect has occurred.
(d) 'Unfounded determination' means a determination at the
conclusion of an investigation under ORS 419B.020 that there is
no evidence of child abuse or neglect that was identified or
disclosed during an investigation conducted pursuant to ORS
419B.020.
(2) The Department of Human Services shall adopt rules:
(a) For the conduct of investigations made under ORS 419B.020.
(b) For the making of a determination at the conclusion of an
investigation under ORS 419B.020 as to whether a report of child
abuse is a founded determination, an unfounded determination or
unable to be determined.
(c) To provide notice regarding a determination that is made at
the conclusion of an investigation under ORS 419B.020, as
required under ORS 419B.005 to 419B.050, to the child's parents
or guardian and to the alleged perpetrator.
(d) To provide the child's parents or guardian and the alleged
perpetrator with an opportunity to request a review of a founded
determination.
(3) The rules adopted under this section shall include rules
that accomplish but are not limited to the following:
(a) When an investigation results in a founded determination
but the perpetrator of the abuse or neglect cannot be identified
or is unknown, the department shall notify the child's parents or
guardian of the determination and that the perpetrator cannot be
identified or is unknown, and shall provide the child's parents
or guardian with an opportunity to request a review of the
determination.
(b) A copy of a request for review of a determination made by a
parent, guardian or alleged perpetrator must be delivered to the
local office of the department within 60 days after receipt of
the request.
(c) The department may conduct a review of a founded
determination if a health care professional examines a child and
makes a diagnosis that includes a finding that would mitigate the
responsibility of the alleged perpetrator with respect to the
founded determination. + }
SECTION 3. { + Section 2 of this 2013 Act applies to child
abuse investigations conducted on or after the effective date of
this 2013 Act. + }
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