Requires that the Children's Advocate be appointed by the Governor, subject to Senate confirmation.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3000
Sponsored by Representative NELSON, Senator GELSER BLOUIN (Presession filed.)
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. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes how the person who the public can call to complain about DHS em-
ployees is appointed and what that person does. (Flesch Readability Score: 62.1).
Requires that the Children’s Advocate be appointed by the Governor, subject to Senate confir-
mation. Modifies complaint review duties of the Children’s Advocate.
A BILL FOR AN ACT
Relating to oversight of the child abuse investigation process; creating new provisions; and amend-
ing ORS 409.185, 417.810 and 417.815.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 409.185 is amended to read:
409.185. (1) The Director of Human Services shall oversee the development of standards and
procedures for assessment, investigation and enforcement of child protective services.
(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 com-
plete 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 assess-
ment concurrently, based upon the protocols and procedures of the county child abuse multidisci-
plinary team in each jurisdiction.
(f) When the department and law enforcement agencies conduct a joint investigation and as-
sessment, the activities of the department and agencies are to be clearly differentiated by the pro-
tocols 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
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2478
HB 3000
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investigation and in the court proceedings related to the abuse investigation and information
about the Office of Children’s Advocate toll-free telephone line under ORS 417.805 for sub-
mitting complaints concerning the actions and conduct of the department relating to the
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 and the reason the department intends not to
implement the recommendation .
SECTION 2.
ORS 417.810 is amended to read:
417.810. (1) The Office of Children’s Advocate is established in the Department of Human Ser-
vices. The office is under the supervision and control of the Children’s Advocate, who is responsible
for the performance of the duties, functions and powers of the office. [ With the concurrence of the
Governor, the Director of Human Services ] The Governor shall appoint the Children’s Advocate [ and
may terminate the Children’s Advocate. ], subject to confirmation by the Senate in the manner
prescribed by ORS 171.562 and 171.565, who shall hold office at the pleasure of the Governor.
(2) Subject to available funds and the applicable provisions of ORS chapter 240, the Children’s
Advocate may hire staff to carry out the duties, functions and powers of the office and shall pre-
scribe their duties and fix their compensation.
(3) The Children’s Advocate shall be a person who has background and experience in:
(a) Law enforcement with particular emphasis on crimes involving child victims; or
(b) Social work with particular emphasis on child abuse.
SECTION 3.
ORS 417.815 is amended to read:
417.815. (1) The Office of Children’s Advocate shall be accessible to the public through the state
toll-free telephone line maintained pursuant to ORS 417.805 and through other electronic and writ-
ten forms of communication. The office shall:
(a) Disseminate information and educate the public about the detection and prevention of child
abuse and about the prosecution of persons accused of child abuse;
(b) Cooperate with other units within the Department of Human Services and law enforcement
officials in performing duties under ORS 418.747 and 418.748 and 419B.005 to 419B.050 when the in-
vestigation involves alleged child abuse;
(c) Provide technical assistance in the development and implementation of state and local pro-
grams that relate to child abuse;
(d) In cooperation with the department, objectively review the department’s systems for handling
child abuse cases; and
(e) Analyze data collected by the office to discern general patterns and trends, chronic problems
and other systemic difficulties in the detection, reporting, investigation, prosecution and resolution
of cases of child abuse.
(2) In addition to the duties required under subsection (1) of this section, the office shall:
(a) Conduct a culturally informed, objective review of any complaint regarding the
department’s involvement in a specific child abuse case, unless the office determines there is an
adequate remedy for the complaint;
(b) Make any appropriate referrals of the complaint or complainant at the time the office re-
ceives the complaint or during the office’s review process;
(c) Inform the complainant of the referral of the complaint or any other action taken by the
office on the complaint;
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HB 3000
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(d) Inform the department of the office’s intention to review the department’s action, unless the
office determines that advance notice will unduly hinder the review; and
(e) Conduct a review of the department’s action [ when appropriate ], with specific attention
paid to inequitable application of policies and procedures, and inform the department of the re-
sults of the review, including any recommendation the Children’s Advocate believes would resolve
any case or any systemic issues identified in the review.
(3) If the office has knowledge of confidential information relating to a child involved or
allegedly involved in child abuse, the office shall keep the information confidential from public dis-
closure. However, the office is subject to legal mandates in ORS 418.747 and 418.748 and 419B.005
to 419B.050.
(4) A person who files a complaint under this section or ORS 417.805 or participates in any in-
vestigation under this section may not be, because of that action:
(a) Subject to any penalties, sanctions or restrictions imposed by the department;
(b) Subject to any penalties, sanctions or restrictions connected with the person’s employment;
or
(c) Denied any right, privilege or benefit.
(5) If deemed necessary by the Children’s Advocate for the purposes of carrying out the duties
of the office, the office may conduct criminal records checks pursuant to ORS 181A.200 on a person
through the Law Enforcement Data System maintained by the Department of State Police.
SECTION 4.
The term of the person serving as the Children’s Advocate on the effective
date of this 2025 Act shall expire on January 1, 2026, but the person may be reappointed by
the Governor as provided in ORS 417.810.
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