Modifies provisions regarding the use of restraint and involuntary seclusion on certain young people.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3706
Sponsored by Representative NOSSE (at the request of System of Care Advisory Council, Department of Human
Services)
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 makes changes to laws involving the welfare of young people. (Flesch Read-
ability Score: 74.8).
Modifies provisions regarding the use of restraint and involuntary seclusion on certain young
people.
Modifies provisions regarding investigations of abuse of certain young people. Modifies pro-
visions regarding licensing of child-caring agencies.
Modifies provisions regarding out-of-state placements of children in care.
Modifies provisions regarding older children in care.
Prescribes procedures for parental admission of a minor child for inpatient behavioral health
treatment. Modifies provisions regarding when minors may consent or withhold consent to treat-
ment.
Establishes the Oregon Institute for Youth Health Systems.
Directs the System of Care Advisory Council to submit reports to the interim committees of the
Legislative Assembly related to human services regarding implementation of provisions in this Act.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to the welfare of young people; creating new provisions; amending ORS 109.675, 109.680,
329A.030, 329A.275, 339.285, 339.287, 339.288, 339.291, 339.294, 339.297, 339.300, 339.303, 339.308,
343.154, 418.016, 418.190, 418.205, 418.210, 418.215, 418.240, 418.241, 418.246, 418.248, 418.255,
418.256, 418.257, 418.258, 418.259, 418.260, 418.321, 418.322, 418.327, 418.330, 418.475, 418.500,
418.519, 418.521, 418.523, 418.526, 418.529, 418.532, 418.625, 418.992, 418.995, 419A.245, 419B.005,
419B.335, 419C.620, 430.735 and 704.023 and section 13, chapter 581, Oregon Laws 2023; repeal-
ing ORS 339.296 and sections 8, 12 and 14, chapter 581, Oregon Laws 2023; and declaring an
emergency.
Whereas Oregon ranks 51st in the nation for access to youth behavioral health care; and
Whereas Oregon has the second highest rate of juvenile justice commitment in the country; and
Whereas all youth deserve easy access to safe treatment and care in their communities; and
Whereas access to high quality care depends on a committed, well-trained and diverse
workforce; and
Whereas retention of behavioral health workers in Oregon is challenging in part due to con-
fusing and misapplied regulatory requirements; and
Whereas youth, youth in foster care and the families of youth and youth in foster care deserve
clear, consistent definitions of child abuse by treatment and service providers and trainers; and
Whereas restraint and seclusion are known to cause long-term trauma and must be strictly
avoided except in cases where absolutely necessary and all other alternatives have been exhausted;
and
Whereas aligning definitions of child abuse in treatment settings and schools will ensure work-
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 4326
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ers and providers are supported in upholding the highest safety and care standards in the nation,
while improving retention and access to care; now, therefore,
Be It Enacted by the People of the State of Oregon:
CHILD ABUSE
(Use of Restraint and Seclusion on Children)
SECTION 1.
(1) As used in this section:
(a) “Chemical restraint” means a medication that is administered to a child to control
the child’s behavior and restrict the child’s freedom of movement, other than medication
that is a standard treatment for the child’s medical or psychiatric condition.
(b) “Child” means an unmarried person who:
(A) Is under 18 years of age; or
(B) Is a child in care, as defined in ORS 418.257.
(c) “Child-caring agency” has the meaning given that term in ORS 418.205.
(d)(A) “Corporal punishment” means the willful infliction of, or willfully causing the in-
fliction of, physical pain on a child.
(B) “Corporal punishment” does not include:
(i) The use of physical force authorized by ORS 161.205 for the reasons specified therein;
or
(ii) Physical pain or discomfort resulting from or caused by participation in athletic
competition or other such recreational activity, voluntarily engaged in by a child.
(e) “Developmental disabilities residential facility” means a residential facility or foster
home for children who are under 18 years of age and receiving developmental disability ser-
vices that are subject to ORS 443.400 to 443.455, 433.830 and 443.835.
(f) “Foster parent” means a person operating:
(A) An adjudicated youth foster home certified by the Oregon Youth Authority under
ORS 420.888 to 420.892;
(B) A foster home certified by the Department of Human Services and subject to ORS
418.625 to 418.645; or
(C) A foster home certified by a child-caring agency under ORS 418.248 that is not subject
to ORS 418.625 to 418.645.
(g) “Involuntary seclusion” means the confinement of a child alone in a room or an en-
closed space from which the child is prevented from leaving by any means.
(h) “Public education program” has the meaning given that term in ORS 339.285.
(i) “Responsible individual” means an individual who is at least 18 years old and who may
have contact with a child as a result of the individual’s position as:
(A) A foster parent;
(B) An employee, a contractor or a volunteer of a foster parent, a child-caring agency
or a developmental disabilities residential facility; or
(C) An agent, an employee, a contractor, a volunteer of a public education program or
of a school district.
(j)(A) “Restraint” means the physical restriction of a child’s actions or movements by
holding the child or using pressure or other means.
(B) “Restraint” does not include the temporary restriction of the child’s movement as
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described in subsection (3)(b) of this section.
(2)(a) A responsible individual places a child in wrongful seclusion if, except as provided
in paragraph (b) of this subsection, the individual places the child in involuntary seclusion
for discipline, punishment, retaliation or the convenience of one or more responsible indi-
viduals described in subsection (1)(i) of this section.
(b) Involuntary seclusion of a child is not wrongful seclusion under this subsection if the
involuntary seclusion is an age-appropriate form of discipline, including but not limited to a
time-out or reasonable action, as defined by the department by rule, that aligns with the
developmental stage and individualized needs of the child.
(3)(a) Except as provided in paragraph (b) of this subsection, a responsible individual
places a child in a wrongful restraint if:
(A) The responsible individual places or directs the placement of the child in a restraint
and the restraint is used for discipline, punishment, retaliation or convenience;
(B) The responsible individual administers or directs to be administered a chemical re-
straint to the child; or
(C) The responsible individual restrains or directs the restraint of the freedom of move-
ment of the child through the excessive or reckless use of force that results in, or is likely
to result in, serious physical injury, as defined in ORS 161.015, to the child.
(b) The temporary restriction of freedom of movement of a child is not wrongful re-
straint if it is applied consistent with the intent to support the safety, healthy development
and well-being of the child and is aligned to the child’s developmental state and individualized
needs.
(4) A responsible individual may not inflict corporal punishment on a child.
SECTION 2.
ORS 339.285 is amended to read:
339.285. As used in ORS 339.285 to 339.303:
(1) “Involuntary seclusion” has the meaning given that term in section 1 of this 2025 Act.
[(1)] (2) “Public education program” means a program in this state that:
(a) Is for students in early childhood education, elementary school or secondary school;
(b) Is under the jurisdiction of a school district, an education service district or another edu-
cational institution or program; and
(c) Receives, or serves students who receive, support in any form from any program supported,
directly or indirectly, with funds appropriated to the Department of Education.
[(2)(a) “Restraint” means the restriction of a student’s actions or movements by holding the student
or using pressure or other means. ]
[(b) “Restraint” does not include: ]
[(A) Holding a student’s hand or arm to escort the student safely and without the use of force from
one area to another; ]
[(B) Assisting a student to complete a task if the student does not resist the physical contact; or ]
[(C) Providing reasonable intervention with the minimal exertion of force necessary if the inter-
vention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary
to:]
[(i) Break up a physical fight; ]
[(ii) Interrupt a student’s impulsive behavior that threatens the student’s immediate safety, includ-
ing running in front of a vehicle or climbing on unsafe structures or objects; or ]
[(iii) Effectively protect oneself or another from an assault, injury or sexual contact with the mini-
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mum physical contact necessary for protection. ]
[(3)(a) “Seclusion” means the involuntary confinement of a student alone in a room from which the
student is physically prevented from leaving. ]
[(b) “Seclusion” does not include the removal of a student for a short period of time to provide the
student with an opportunity to regain self-control if the student is in a setting from which the student
is not physically prevented from leaving. ]
[(4) “Serious bodily injury” means any significant impairment of the physical condition of a person,
as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else. ]
(3) “Restraint” has the meaning given that term in section 1 of this 2025 Act.
(4) “Serious physical injury” means physical injury which creates a substantial risk of
death or which causes serious and protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of any bodily organ.
SECTION 3.
ORS 339.288 is amended to read:
339.288. (1) The use of the following types of restraint on a student in a public education pro-
gram is prohibited:
(a) Chemical restraint.
(b) Mechanical restraint.
(c) Prone restraint.
(d) Supine restraint.
(e) Any restraint that involves the intentional and nonincidental use of a solid object, including
the ground, a wall or the floor, to impede a student’s movement, unless the restraint is necessary
to prevent an imminent life-threatening injury or to gain control of a weapon.
(f) Any restraint that places, or creates a risk of placing, pressure on a student’s neck or throat.
(g) Any restraint that places, or creates a risk of placing, pressure on a student’s mouth, unless
the restraint is necessary for the purpose of extracting a body part from a bite.
(h) Any restraint that impedes, or creates a risk of impeding, breathing.
(i) Any restraint that involves the intentional placement of [ the hands, feet, elbow, knee or any
object] any object or a hand, knee, foot or elbow on a student’s neck, throat, genitals or other
intimate parts.
(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be
placed, on [ the] a student’s stomach , chest, joints, throat or back by a knee, foot or elbow
[bone].
(k) Any action designed for the primary purpose of inflicting pain.
(L) A wrongful restraint of a student, as described in section 1 of this 2025 Act.
(2) As used in this section:
(a) “Chemical restraint” [means a drug or medication that is used on a student to control behavior
or restrict freedom of movement and that is not: ]
[(A) Prescribed by a licensed physician or other qualified health professional acting under the
professional’s scope of practice for standard treatment of the student’s medical or psychiatric condition;
and]
[(B) Administered as prescribed by a licensed physician or other qualified health professional act-
ing under the professional’s scope of practice. ] has the meaning given that term in section 1 of
this 2025 Act.
(b)(A) “Mechanical restraint” means a device used to restrict the movement of a student or the
movement or normal function of a portion of the body of a student.
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(B) “Mechanical restraint” does not include:
(i) A protective or stabilizing device ordered by a licensed physician; or
(ii) A vehicle safety restraint when used as intended during the transport of a student in a
moving vehicle.
(c) “Prone restraint” means a restraint in which a student is held face down on the floor.
(d) “Supine restraint” means a restraint in which a student is held face up on the floor.
SECTION 4.
ORS 339.291 is amended to read:
339.291. (1) Restraint or involuntary seclusion may not be used for discipline, punishment, re-
taliation or convenience of personnel, contractors or volunteers of a public education program or
school district.
[(2)(a) Restraint may be used on a student in a public education program only under the following
circumstances:]
[(A) The student’s behavior imposes a reasonable risk of imminent and substantial physical or
bodily injury to the student or others; and ]
[(B) Less restrictive interventions would not be effective. ]
[(b) Seclusion may be used on a student in a public education program only under the following
circumstances:]
[(A) The student’s behavior imposes a reasonable risk of imminent and serious bodily injury to the
student or others; and ]
[(B) Less restrictive interventions would not be effective. ]
(2)(a) Restraint may be used on a student in a public education program only if the re-
straint is imposed by personnel of the public education program or school district and if:
(A) The student’s behavior poses a risk of imminent serious physical injury to the stu-
dent or others, including animals;
(B) A less restrictive intervention will not effectively reduce that risk;
(C) The least amount of physical force or contact necessary to mitigate that risk is used;
(D) The restraint used is not prohibited under ORS 339.288; and
(E) The restraint used is not wrongful restraint, as described in section 1 of this 2025
Act.
(b) A student in a public education program may be placed in involuntary seclusion only
if:
(A) The student’s behavior poses a risk of imminent serious physical injury to the stu-
dent or others, including animals;
(B) A less restrictive intervention will not effectively reduce that risk; and
(C) The involuntary seclusion used is not wrongful seclusion, as described in section 1
of this 2025 Act.
(3) If restraint or involuntary seclusion is used on a student as permitted in subsection (2)
of this section , the restraint or involuntary seclusion [ must be]:
(a) May be used only for as long as the student’s behavior poses a [ reasonable] risk as described
in subsection (2) of this section;
(b) May be imposed only by personnel of the public education program or school district who
are:
(A) Trained to use restraint or involuntary seclusion through programs described in ORS
339.300; or
(B) Otherwise available [ in the case of an emergency circumstance when ] if, due to the unfore-
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seeable nature of the emergency circumstance, personnel described in subparagraph (A) of this
paragraph are not immediately available [ due to the unforeseeable nature of the emergency circum-
stance]; and
(c) Must be continuously monitored by personnel of the public education program or school
district for the duration of the restraint or involuntary seclusion.
(4) In addition to the requirements described in subsection (3) of this section, if restraint or
involuntary seclusion continues for more than 30 minutes:
(a) The student must be provided with adequate access to the bathroom and water at least ev-
ery 30 minutes;
(b) Personnel of the public education program or school district must immediately attempt to
verbally or electronically notify a parent or guardian of the student; and
(c) [ Every 15 minutes after the first 30 minutes of the restraint or seclusion, ] Every five minutes
after the first 10 minutes of the restraint or involuntary seclusion, an administrator for the
public education program must provide written authorization for the continuation of the restraint
or involuntary seclusion, including providing documentation for the reason the restraint or invol-
untary seclusion must be continued.
SECTION 5.
ORS 339.294 is amended to read:
339.294. (1) Each entity that has jurisdiction over a public education program must establish
procedures for the public education program to follow after an incident involving the use of re-
straint or involuntary seclusion.
(2) Following an incident involving the use of restraint or involuntary seclusion, the following
must be provided to a parent or guardian of the student:
(a) Verbal or electronic notification of the incident by the end of the school day when the inci-
dent occurred.
(b) Written documentation of the incident within 24 hours of the incident that provides:
(A) A description of the restraint or involuntary seclusion, including:
(i) The date of the restraint or involuntary seclusion;
(ii) The times when the restraint or involuntary seclusion began and ended; and
(iii) The location of the restraint or involuntary seclusion.
(B) A description of the student’s activity that prompted the use of restraint or involuntary
seclusion.
(C) The efforts used to de-escalate the situation and the alternatives to restraint or involuntary
seclusion that were attempted.
(D) The names of the personnel of the public education program or school district who ad-
ministered the restraint or involuntary seclusion.
(E) A description of the training status of the personnel of the public education program or
school district who administered the restraint or involuntary seclusion, including any information
that may need to be provided to the parent or guardian under subsection (3) of this section.
(c) Timely notification of a debriefing meeting to be held as provided by subsection (4) of this
section and the parent’s or guardian’s right to attend the meeting.
(d) Immediate, written notification of the existence of a record described in subsection (9) of this
section.
(3) If the personnel [ of the public education program ] who administered the restraint or invol-
untary seclusion had not received training as provided by ORS 339.300, the administrator of the
public education program shall ensure that a parent or guardian of the student and the district su-
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perintendent receive written notification of:
(a) The lack of training; and
(b) The reason the restraint or involuntary seclusion was administered by a person without
training.
(4)(a) A debriefing meeting related to the use of restraint or involuntary seclusion must be held
within two school days of the incident and must include all personnel of the public education pro-
gram or school district who were involved in the incident and any other appropriate personnel.
(b) Written notes must be taken of the debriefing meeting, and a copy of the written notes must
be provided to a parent or guardian of the student.
(5) If a student is involved in five incidents in a school year involving restraint or involuntary
seclusion, a team consisting of personnel of the public education program or school district and a
parent or guardian of the student must be formed for the purposes of reviewing and revising the
student’s behavior plan and ensuring the provision of any necessary behavioral supports.
(6) If [ serious bodily injury ] serious physical injury or death of a student occurs in relation to
the use of restraint or involuntary seclusion:
(a) Oral notification of the incident must be provided immediately to a parent or guardian of the
student and to the Department of Human Services; and
(b) Written notification of the incident must be provided within 24 hours of the incident to the
department.
(7) [ If serious bodily injury or death of personnel of the public education program occurs in re-
lation to the use of restraint or seclusion, ] If, in connection with the use of a restraint or invol-
untary seclusion, personnel of the public education program or school district die or suffer
serious physical injury, as defined in ORS 161.015, the public education program or school
district shall provide written notification of the incident [ must be provided ] within 24 hours of the
incident to the district superintendent, to the Superintendent of Public Instruction and, if applicable,
to the union representative for the affected party.
(8) A public education program shall maintain a record of each incident in which injuries or
death occurs in relation to the use of restraint or involuntary seclusion.
(9)(a) A public education program shall preserve, and may not destroy, any records related to
an incident of restraint or involuntary seclusion, including an audio or video recording. The records
must be preserved in the original format and without any alteration.
(b) The public education program shall review any audio or video recording preserved under this
subsection at the debriefing meeting described in subsection (4) of this section.
(10)(a) At the request of a student’s parent or guardian, a public education program shall dis-
close records preserved under this section to the parent or guardian. To the extent practicable
without altering the meaning of the record, the public education program shall segregate or redact
from a record disclosed under this paragraph any personally identifiable information of other stu-
dents. If the public education program is unable to segregate or redact personally identifiable in-
formation of other students without altering the meaning of the record, the public education
program shall disclose the record to the student’s parent or guardian in its original format and
without any alteration.
(b) If the department is investigating the incident of restraint or involuntary seclusion as sus-
pected child abuse, at the request of the department, the public education program shall disclose to
the department or the department’s designee any records preserved under this section that are rel-
evant to the department’s investigation. The public education program shall disclose any record
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under this paragraph in its original format and without any alteration.
SECTION 6.
ORS 339.303 is amended to read:
339.303. The State Board of Education shall adopt by rule:
(1) A process for an organization or an individual to submit to the Superintendent of Public In-
struction a written, signed complaint alleging that a public education program or school district
is violating or has violated a provision of ORS 339.285 to 339.303 or 339.308 . [ The complaint must
indicate that, prior to submitting the complaint to the superintendent, the organization or individual
attempted to seek a remedy for the complaint from the board or governing body overseeing the entity
that has jurisdiction over the public education program against which the complaint is being
submitted.]
(2) A process for investigating a complaint submitted under subsection (1) of this section. The
rules must:
(a) Require that the Department of Education investigate the complaints;
(b) Direct that public education programs and school districts must cooperate with the
investigation;
(c) Require that the investigation be completed and notification of the final determination
must be made to the education provider within 90 calendar days following the date on which
the complaint was filed with the board;
(d) Permit the timeline described in paragraph (c) of this subsection to be extended if the
board determines that, for good cause, a longer period of time is necessary;
(e) Require the department, upon completion of an investigation, to notify:
(A) The public education program or school district accused of violating ORS 339.285 to
339.303 or 339.308;
(B) The student, the student’s parents or legal guardian; and
(C) The person who made the complaint, if known by the board; and
(f) Clearly limit the subjects of the investigation to the public education program or
school district and not specific personnel who may have placed a student in a restraint, in-
voluntary seclusion or a room described in subsection (3) of this section.
(3) The minimum standards for any rooms used by a public education program for involuntary
seclusion of a student. The standards must:
(a) Take into account the health and safety of students and personnel of the public education
program and the respect and dignity of students; [ and]
(b) Include consideration of the size, safety features, lighting and ventilation of the rooms ; and
(c) Require the rooms to be equipped with operational video recording equipment .
SECTION 7.
ORS 343.154 is amended to read:
343.154. (1) As used in this section:
(a) “Behavior intervention plan” means an individualized plan, including positive interventions,
designed to:
(A) Assist a student to decrease inappropriate behavior; and
(B) Increase or teach an alternative appropriate behavior.
(b) “504 Plan” means an education plan developed for a student in accordance with section 504
of the Rehabilitation Act of 1973, 29 U.S.C. 794.
(c) “Functional behavioral assessment” means an individualized assessment of a student that
results in a hypothesis about the function of a student’s behavior and, as appropriate, recommen-
dations for a behavior intervention plan.
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[(d) “Serious bodily injury” has the meaning given that term in ORS 339.285. ]
[(e)] (d) “Service provider” includes school personnel who:
(A) Are or will be providing services related to the implementation of an individualized educa-
tion program or a 504 Plan to the student; and
(B) Do not hold a teaching license or an administrative license.
(2) A school district must conduct a functional behavioral assessment and develop, review or
revise a behavior intervention plan within 45 school days of receiving parental consent to conduct
the assessment for every student who has:
(a) An individualized education program or a 504 Plan; and
(b) Placed the student, other students or staff at imminent risk of [ serious bodily injury ] serious
physical harm as a result of the student’s behavior.
(3) When a behavior intervention plan is developed, reviewed or revised as provided by sub-
section (2) of this section, the school district must:
(a) Ensure that the behavior intervention plan is based on a functional behavioral assessment
that was conducted by a qualified person;
(b) Ensure that the behavior intervention plan appropriately addresses the student’s needs;
(c) Allow service providers involved in the incident when the student, other students or staff
were at imminent risk of [ serious bodily injury ] serious physical harm to provide meaningful input
into the development, review or revision;
(d) Inform the service providers about any portions of the behavior intervention plan that are
relevant to the service providers and about any training opportunities for the service providers; and
(e) Ensure that the behavior intervention plan was correctly implemented before making any
revisions.
SECTION 8.
ORS 418.241 is amended to read:
418.241. (1) As used in this section:
(a) “Certified foster home” means a foster home certified by the Department of Human Services
and subject to ORS 418.625 to 418.645.
(b) “Child-caring agency” has the meaning given that term under ORS 418.205.
(c) “Developmental disabilities residential facility” means a residential facility or foster home
for children who are [ 17 years of age or younger ] under 18 years of age and receiving develop-
mental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.
[(d) “Secure escort” means escort services for a child who poses a risk of elopement or where re-
straint or seclusion may be utilized if the child poses a risk of injury to self or others, and as further
defined by the department by rule. ]
[(e) “Secure nonemergency medical transportation provider” means a private organization or person
that provides nonemergency medical secure transportation services subject to rules adopted by the
Oregon Health Authority. ]
[(f) “Secure transportation” means the transport of a child in a vehicle specifically equipped to
prevent a passenger from exiting, eloping or interfering with the operator of the vehicle, and as further
defined by the department by rule. ]
[(g)] (d) “Secure transportation services” means the [ secure transportation or secure escort of
children.] nonmedical transport of a child in either a specifically equipped vehicle or standard
vehicle and as further described by the department by rule.
(2) The department shall adopt rules consistent with this section for the issuance, under ORS
418.215 and 418.240, of licenses to provide secure transportation services to providers that are
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child-caring agencies solely as the result of providing secure transportation services as described in
ORS [ 418.205 (2)(a)(B)] 418.215 (1)(b) and for the issuance of supplemental licenses to child-caring
agencies described in ORS [ 418.205 (2)(a)(A) ] 418.215 (1)(a) that also provide secure transportation
services as described in ORS [ 418.205 (2)(a)(B)] 418.215 (1)(b).
(3)(a) The following providers of secure transportation services [ providers] are exempt from the
requirements under ORS 418.215 and 418.240 to obtain from the department a license or a supple-
mental license to provide secure transportation services:
[(A) A secure nonemergency medical transportation provider. ]
[(B)] (A) A child-caring agency that is licensed, certified or otherwise authorized by the de-
partment to provide or engage in the provision of care or services to children if:
(i) The agency is not primarily engaged in the provision of secure transportation services;
(ii) The child being transported [or escorted ] resides in or is otherwise receiving services from
the agency; and
(iii) The transportation [ or escort ] is provided consistent with the rules adopted by the depart-
ment under this section.
[(C) An ambulance service, as defined in ORS 682.025, that is transporting a child in an ambulance
for the purpose of obtaining medical care for the child. ]
[(D)] (B) A developmental disabilities residential facility if:
(i) The facility is not primarily engaged in the provision of secure transportation services;
(ii) The child being transported [or escorted ] resides in or is otherwise receiving services from
the facility; and
(iii) The transportation [ or escort ] is provided consistent with the rules adopted by the depart-
ment under this section.
(b) The licensing exemptions under paragraph [ (a)(B) and (D) ] (a)(A) and (B) of this subsection
do not apply if the child-caring agency or developmental disabilities residential facility is trans-
porting the child for the purposes of placing the child in a facility that is not licensed by the de-
partment or in a hospital that is not licensed by the authority.
(4)(a) A provider of secure transportation services [ provider], including a provider that is de-
scribed in subsection (3) of this section, must display the disclosure described in ORS 418.359 (2) in
a conspicuous location in any advertisements or promotional materials for its secure transportation
services and in each vehicle it uses to provide its secure transportation services if:
(A) The provider is not licensed by the department under ORS 418.215 or 418.240 to provide
secure transportation services; and
(B) The provider holds itself out as being an Oregon provider of secure transportation services,
including by registering in this state the vehicles it uses in the provision of its secure transportation
services or representing or otherwise indicating in advertisements or promotional materials that the
provider is based in this state, maintains a mailing address in this state or is licensed, certified or
otherwise authorized by the department or the authority to provide secure transportation services
or similar services in this state.
(b) The disclosure under paragraph (a) of this subsection must also indicate that the provider
of secure transportation services [ provider] is not licensed by the department under ORS 418.215 or
418.240 to provide secure transportation services and, if applicable, the reason for the provider’s li-
censing exemption under subsection (3) of this section.
(c) If a provider that is required to make a disclosure under this subsection is authorized by the
authority to provide secure transportation services, the provider’s disclosure under this subsection
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may, consistent with rules adopted by the authority, also include a statement that the provider is
authorized by the authority to provide secure transportation services.
(5) The department and the authority may adopt rules for the provision of secure transportation
services consistent with this section and ORS 418.205 to 418.327, 418.359 and 418.519 to 418.532.
SECTION 9.
Section 10 of this 2025 Act is added to and made a part of ORS 418.257 to
418.259.
SECTION 10. (1) An individual engages in the abuse of a child in care if the individual is
an employee, operator, contractor, agent or volunteer of a child-caring agency, develop-
mental disabilities residential facility, proctor home, certified foster home or adjudicated
youth foster home or is any other person who is responsible for the provision of care or
services to a child in care, and the individual:
(a) Commits an act that causes physical injury to the child in care if the act is nonacci-
dental or if the injury appears to be at variance with the individual’s explanation of the act
causing the injury.
(b) Neglects the child in care by:
(A) Failing to provide the care, supervision or services necessary to maintain the phys-
ical and mental health of the child in care; or
(B) Failing to make reasonable efforts to protect the child in care from abuse.
(c) Abandons the child in care, including by deserting or willfully forsaking the child in
care or by withdrawing or neglecting duties and obligations owed to the child in care by the
individual.
(d) Willfully inflicts physical pain or injury upon a child in care.
(e) Commits an act involving the child in care that constitutes a crime under ORS
163.263, 163.264, 163.266, 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or
163.525.
(f) Verbally abuses the child in care by threatening significant physical or emotional
harm to the child in care, including through:
(A) The use of derogatory or inappropriate names, insults, verbal assaults, profanity or
ridicule;
(B) Harassment, coercion, humiliation, mental cruelty or inappropriate sexual comments;
or
(C) Intimidation, including by compelling or deterring conduct by threat.
(g) Engages in financial exploitation of the child in care by:
(A) Wrongfully taking the assets, funds or property belonging to or intended for the use
of the child in care;
(B) Alarming the child in care by conveying a threat to wrongfully take or appropriate
moneys or property of the child in care if the child in care would reasonably believe that the
threat conveyed would be carried out;
(C) Misappropriating, misusing or transferring without authorization any moneys from
any account held jointly or singly by a child in care; or
(D) Failing to use the income or assets of a child in care effectively for the support and
maintenance of the child in care.
(h) Engages in sexual abuse of the child in care by committing an act that constitutes:
(A) Sexual harassment of the child in care;
(B) Inappropriate exposure of the child in care to sexually explicit material or language;
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(C) Sexual contact, as defined in ORS 163.305, with the child in care that is unlawful un-
der ORS chapter 163; or
(D) Sexual contact, as defined in ORS 163.305, with the child in care that is achieved
through force, trickery, threat or coercion.
(i) Sexually exploits the child in care, including by:
(A) Contributing to the sexual delinquency of the child in care, as described in ORS
163.435;
(B) Engaging in other conduct that allows, employs, authorizes, permits, induces or en-
courages a child in care to engage in performing for people to observe or the photographing,
filming, tape recording or other exhibition that, in whole or in part, depicts sexual conduct
or sexual contact, as those terms are defined in ORS 167.002, or sexually explicit conduct as
described in ORS 163.665 and 163.670, or sexual abuse involving the child in care or rape of
the child in care, other than conduct that is part of any investigation conducted pursuant
to ORS 418.258, 418.259 or 419B.020, or that is designed to serve educational or other legiti-
mate purposes; or
(C) Allowing, permitting, encouraging or hiring the child in care to engage in prostitution
as described in ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase
sex with a minor as described in ORS 163.413 or to engage in commercial sexual solicitation
as described in ORS 167.008.
(2) As used in this section:
(a) “Financial exploitation” does not include age-appropriate discipline that may involve
the threat to withhold, or the withholding of, privileges.
(b) “Intimidation” does not include age-appropriate discipline that may involve the threat
to withhold privileges.
SECTION 11.
ORS 418.257 is amended to read:
418.257. As used in ORS 418.257 to 418.259:
[(1) “Abuse” means one or more of the following: ]
[(a) Any physical injury to a child in care caused by other than accidental means, or that appears
to be at variance with the explanation given of the injury. ]
[(b) Neglect of a child in care. ]
[(c) Abandonment, including desertion or willful forsaking of a child in care or the withdrawal or
neglect of duties and obligations owed a child in care by a child-caring agency, caretaker, certified
foster home, developmental disabilities residential facility or other person. ]
[(d) Willful infliction of physical pain or injury upon a child in care. ]
[(e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427,
163.465, 163.467 or 163.525.]
[(f) Verbal abuse. ]
[(g) Financial exploitation. ]
[(h) Sexual abuse. ]
[(i) The use of restraint or involuntary seclusion of a child in care in violation of ORS 418.521 or
418.523.]
(1) “Abuse” has the meaning described in section 10 of this 2025 Act.
(2) “Adjudicated youth foster home” means a foster home certified by the Oregon Youth
Authority under ORS 420.888 to 420.892.
[(2)] (3) “Certified foster home” means a foster home certified by the Department of Human
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Services and subject to ORS 418.625 to 418.645.
[(3)(a)] (4)(a) “Child in care” means a person under 21 years of age who is residing in or re-
ceiving care or services from:
(A) A child-caring agency or proctor foster home subject to ORS 418.205 to 418.327, 418.241,
418.470, 418.475 or 418.950 to 418.970;
(B) A certified foster home; [ or]
(C) A developmental disabilities residential facility[ .]; or
(D) An adjudicated youth foster home.
(b) “Child in care” does not include a person under 21 years of age who is residing in any of
the entities listed in paragraph (a) of this subsection when the care provided is in the home of the
child by the child’s parent.
[(4)] (5) “Developmental disabilities residential facility” means a residential facility or foster
home for children who are [ 17 years of age or younger ] under 18 years of age and receiving de-
velopmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.
[(5)(a) “Financial exploitation” means: ]
[(A) Wrongfully taking the assets, funds or property belonging to or intended for the use of a child
in care. ]
[(B) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys or
property of the child in care if the child would reasonably believe that the threat conveyed would be
carried out.]
[(C) Misappropriating, misusing or transferring without authorization any moneys from any ac-
count held jointly or singly by a child in care. ]
[(D) Failing to use the income or assets of a child in care effectively for the support and mainte-
nance of the child in care. ]
[(b) “Financial exploitation” does not include age-appropriate discipline that may involve the threat
to withhold, or the withholding of, privileges. ]
[(6) “Intimidation” means compelling or deterring conduct by threat. “Intimidation” does not in-
clude age-appropriate discipline that may involve the threat to withhold privileges. ]
[(7) “Involuntary seclusion” has the meaning given that term in ORS 418.519. ]
[(8)] (6) “Law enforcement agency” means:
(a) Any city or municipal police department.
(b) Any county sheriff’s office.
(c) The Oregon State Police.
(d) Any district attorney.
(e) A police department established by a university under ORS 352.121 or 353.125.
[(9) “Neglect” means: ]
[(a) Failure to provide the care, supervision or services necessary to maintain the physical and
mental health of a child in care; or ]
[(b) The failure of a child-caring agency, proctor foster home, certified foster home, developmental
disabilities residential facility, caretaker or other person to make a reasonable effort to protect a child
in care from abuse. ]
[(10) “Restraint” has the meaning given that term in ORS 418.519. ]
[(11)] (7) “Services” includes but is not limited to the provision of food, clothing, medicine,
housing, medical services, assistance with bathing or personal hygiene or any other service essential
to the well-being of a child in care.
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[(12) “Sexual abuse” means: ]
[(a) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material
or language; ]
[(b) Any sexual contact between a child in care and an employee of a child-caring agency, proctor
foster home, certified foster home, developmental disabilities residential facility, caretaker or other
person responsible for the provision of care or services to a child in care; ]
[(c) Any sexual contact between a person and a child in care that is unlawful under ORS chapter
163 and not subject to a defense under that chapter; or ]
[(d) Any sexual contact that is achieved through force, trickery, threat or coercion. ]
[(13) “Sexual contact” has the meaning given that term in ORS 163.305. ]
[(14) “Sexual exploitation” means sexual exploitation as described in ORS 419B.005 (1)(a)(E). ]
[(15) “Verbal abuse” means to threaten significant physical or emotional harm to a child in care
through the use of: ]
[(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or ]
[(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual
comments.]
SECTION 12.
ORS 418.519 is amended to read:
418.519. As used in ORS 418.519 to 418.532:
(1) “Adjudicated youth foster home” means a foster home certified by the Oregon Youth
Authority under ORS 420.888 to 420.892.
(2) “Certified foster home” means a foster home subject to ORS 418.625 to 418.645.
[(2)] (3) “Chemical restraint” [ means a drug or medication that is administered to a child in care
to control behavior or restrict freedom of movement. ] has the meaning given that term in section
1 of this 2025 Act.
[(3)] (4) “Child-caring agency” has the meaning given that term in ORS 418.205.
[(4)] (5) “Child in care” has the meaning given that term in ORS 418.257.
[(5)] (6) “Children’s emergency safety intervention specialist” means a qualified mental health
professional licensed to order, monitor and evaluate the use of involuntary seclusion and restraint
in accredited and certified facilities that provide intensive mental health treatment services to in-
dividuals under 21 years of age.
[(6)] (7) “Developmental disabilities residential facility” has the meaning given that term in ORS
418.257.
[(7)(a) “Involuntary seclusion” means the confinement of a child in care alone in a room or an
enclosed space from which the child in care is prevented from leaving by any means. ]
[(b) “Involuntary seclusion” does not include age-appropriate discipline, including, but not limited
to, time-out if the time-out is in a setting from which the child in care is not prevented from leaving
by any means. ]
(8) “Involuntary seclusion” has the meaning given that term in section 1 of this 2025 Act.
[(8)] (9)(a) “Mechanical restraint” means a device used to restrict the movement of a child in
care or the movement or normal function of a portion of the body of a child in care.
(b) “Mechanical restraint” does not include:
(A) A protective or stabilizing device ordered by a licensed physician; or
(B) A vehicle safety restraint when used as intended during the transport of a child in
care in a moving vehicle.
[(9)] (10) “Proctor foster home” means a foster home certified by a child-caring agency under
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ORS 418.248.
[(10)] (11) “Program” means:
(a) A child-caring agency;
(b) A proctor foster home; or
(c) A developmental disabilities residential facility that is a residential training home or facility
licensed under ORS 443.415 to serve children under 18 years of age.
[(11)] (12) “Prone restraint” means a restraint in which a child in care is held face down on the
floor.
[(12)] (13) “Reportable injury” means any type of injury to a child in care, including but not
limited to rug burns, fractures, sprains, bruising, pain, soft tissue injury, punctures, scratches,
concussions, abrasions, dizziness, loss of consciousness, loss of vision, visual disturbance or death.
[(13)] (14) “Restraint” [ means the physical restriction of a child in care’s actions or movements by
holding the child in care or using pressure or other means. ] has the meaning given that term in
section 1 of this 2025 Act.
[(14)] (15) “Secure adolescent inpatient treatment program” means a child-caring agency that is
an intensive treatment services program, as described by the Oregon Health Authority by rule, that
provides inpatient psychiatric stabilization and treatment services to individuals under 21 years of
age who require a secure intensive treatment setting.
[(15)] (16) “Secure children’s inpatient treatment program” means a child-caring agency that is
an intensive treatment services program, as described by the authority by rule, that provides inpa-
tient psychiatric stabilization and treatment services to children under 14 years of age who require
a secure intensive treatment setting.
[(16) “Serious bodily injury” means any significant impairment of the physical condition of an in-
dividual, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone
else.]
(17) “Supine restraint” means a restraint in which a child in care is held face up on the floor.
SECTION 13.
ORS 418.521 is amended to read:
418.521. (1) A child-caring agency, proctor foster home, certified foster home , adjudicated youth
foster home or developmental disabilities residential facility may not place a child in care in a
restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the con-
venience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified
foster home , adjudicated youth foster home or developmental disabilities residential facility.
(2) Except as provided in ORS 418.523 [ (4)] (5) , the use of the following types of restraint of a
child in care are prohibited:
(a) Chemical restraint.
(b) Mechanical restraint.
(c) Prone restraint.
(d) Supine restraint.
(e) Any restraint that includes the intentional and nonincidental use of a solid object, including
the ground, a wall or the floor, to impede a child in care’s movement unless the restraint is nec-
essary to prevent an imminent life-threatening injury or to gain control of a weapon .
(f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or
throat.
(g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth ,
unless the restraint is necessary for the purpose of extracting a body part from a bite .
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(h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.
(i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or
elbow on a child in care’s neck, throat, genitals or other intimate parts.
(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be
placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.
(k) Any other action, the primary purpose of which is to inflict pain.
(L) A wrongful restraint or wrongful seclusion as described in section 1 of this 2025 Act.
SECTION 14.
ORS 418.523 is amended to read:
418.523. (1) Except as otherwise provided in this section, a child-caring agency, proctor foster
home or developmental disabilities residential facility may [only] place a child in care in a restraint
or involuntary seclusion only if the child in care’s behavior poses a [ reasonable risk of imminent
serious bodily injury ] risk of imminent serious physical harm to the child in care or others , in-
cluding animals, and :
(a) Less restrictive interventions would not effectively reduce that risk[ .];
(b) The least amount of physical force and contact necessary to prevent serious physical
harm is used; and
(c) The restraint is not prohibited under ORS 418.521.
(2) An adjudicated youth foster home or a certified foster home may not place a child in care
in a restraint or involuntary seclusion.
[(3) Notwithstanding subsection (1) or (2) of this section, a child-caring agency, proctor foster home,
certified foster home or developmental disabilities residential facility may use the following types of
restraints on a child in care: ]
[(a) Holding the child in care’s hand or arm to escort the child in care safely and without the use
of force from one area to another; ]
[(b) Assisting the child in care to complete a task if the child in care does not resist the physical
contact; or ]
[(c) Using a physical intervention if: ]
[(A) The intervention is necessary to break up a physical fight or to effectively protect a person
from an assault, serious bodily injury or sexual contact; ]
[(B) The intervention uses the least amount of physical force and contact possible; and ]
[(C) The intervention is not a prohibited restraint described in ORS 418.521 (2). ]
[(4) Notwithstanding ORS 418.521 (2): ]
[(a) The restraint described in ORS 418.521 (2)(e) may be used if the restraint is necessary to gain
control of a weapon. ]
[(b) The restraint described in ORS 418.521 (2)(g) may be used if the restraint is necessary for the
purpose of extracting a body part from a bite. ]
(3) Notwithstanding subsection (1) or (2) of this section, a child-caring agency, proctor
foster home, certified foster home, adjudicated youth foster home or developmental disabili-
ties residential facility may physically intervene, without immobilizing the child in care, if
the intervention is necessary to break up a physical fight or to effectively protect a person
from an assault, other serious physical harm or sexual contact.
[(c)] (4) Notwithstanding subsection (1) of this section, if a program is a secure children’s
inpatient treatment program or secure adolescent inpatient treatment program, the program may
place a child in care in a restraint described in ORS 418.521 (2)(d) or (e) only if:
[(A)] (a) The child in care is currently admitted to the program;
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[(B)] (b) The restraint is authorized by an order written at the time of and specifically for the
current situation by a licensed medical practitioner or a licensed children’s emergency safety
intervention specialist;
[(C)] (c) The restraint is used only as long as needed to prevent [ serious physical injury, as de-
fined in ORS 161.015, ] serious physical harm and while no other intervention or form of restraint
is possible;
[(D)] (d) A licensed medical practitioner, children’s emergency safety intervention specialist or
qualified mental health professional, who is certified in the use of the type of restraint used, con-
tinuously monitors the use of the restraint and the physical and psychological well-being of the child
in care at all times while the restraint is being used;
[(E)] (e) Each individual placing the child in care in the restraint is certified as described in
ORS 418.529 in the use of the type of restraint used and the individual’s training is current;
[(F)] (f) One or more individuals with current cardiopulmonary resuscitation training are pres-
ent for the duration of the restraint;
[(G)] (g) The program has written policies that require a licensed children’s emergency safety
intervention specialist or other licensed practitioner to evaluate and document the physical, psy-
chological and emotional well-being of the child in care immediately following the use of the re-
straint; and
[(H)] (h) The program is in compliance with any other requirements under ORS 418.519 to
418.532, and the use of the restraint does not otherwise violate any applicable contract requirements
or any state or federal law related to the use of restraints.
(5) [In addition to the restraints described in subsection (3) of this section, ] A program may place
a child in care in a restraint or involuntary seclusion if:
(a) The restraint or involuntary seclusion is used only for as long as the child in care’s behavior
poses a [ reasonable risk of imminent serious bodily injury ] risk of imminent serious physical
harm;
(b) The individuals placing the child in care in the restraint or involuntary seclusion are certi-
fied as described in ORS 418.529 in the use of the type of restraint used or are trained, as required
by the department by rule, in the use of the involuntary seclusion used;
(c) The program staff continuously monitor the child in care for the duration of the restraint
or involuntary seclusion; and
(d) The restraint or involuntary seclusion is performed in a manner that is safe, proportionate
and appropriate, taking into consideration the child in care’s chronological and developmental age,
size, gender identity, physical, medical and psychiatric condition and personal history, including any
history of physical or sexual abuse.
(6) In addition to the requirements described in subsection (5) of this section, if a program places
a child in care in a restraint or involuntary seclusion for more than 10 minutes:
(a) The program must provide the child in care with adequate access to the bathroom and water
at least every 30 minutes; and
(b)(A) Every five minutes after the first 10 minutes of the restraint or involuntary seclusion, a
program supervisor who is certified as described in ORS 418.529 in the use of the type of restraint
being used or trained, as required by the department by rule, in the use of the involuntary seclusion
being used must provide written authorization for the continuation of the restraint or involuntary
seclusion.
(B) If the supervisor is not on-site at the time the restraint is used, the supervisor may provide
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the written authorization electronically.
(C) The written authorization must document why the restraint or involuntary seclusion con-
tinues to be the least restrictive intervention to reduce the risk of imminent [ serious bodily injury ]
serious physical harm in the given circumstances.
SECTION 15.
ORS 418.526 is amended to read:
418.526. (1) A program shall establish procedures for the program to follow when a child in care
is placed in a restraint or involuntary seclusion. The procedures must be consistent with the pro-
visions of this section and ORS 418.521 and 418.523.
(2)(a) A program shall maintain a record of each incident in which a reportable injury arises
from the use of a restraint or involuntary seclusion. The record under this subsection must include
any photographs, audio recordings or video recordings immediately preceding, during and following
the incident. The record may not be destroyed, edited, concealed or altered in any way.
(b) The program shall immediately provide the Department of Human Services with written no-
tification of the incident and true copies of any record maintained under this subsection.
(c) Upon the request of the attorney, court appointed special advocate, parents or guardians of
a child in care on whom the restraint or involuntary seclusion was used, the department shall pro-
vide the child in care’s attorney, court appointed special advocate, parents or guardians with [ copies
of] an opportunity to review the records described in this subsection if:
(A) The child in care is under 18 years of age and the parent or guardian consents to the
disclosure;
(B) The child in care is at least 18 years of age and consents to the disclosure; or
(C) The department is otherwise required by law to disclose the records.
(3)(a) If a program places a child in care in a restraint [ except as provided in ORS 418.523 (3)(a)
or (b), ] or involuntary seclusion, the program shall provide the child in care’s case manager, attor-
ney, court appointed special advocate and parents or guardians with:
(A) Verbal or electronic notice that the restraint or involuntary seclusion was used as soon as
practicable following the incident but not later than the end of the next business day; and
(B) Written notice that the restraint or involuntary seclusion was used as soon as practicable
following the incident but not later than the end of the next business day.
(b) The written notice must include:
(A) A description of the restraint or involuntary seclusion, the date of the restraint or involun-
tary seclusion, the times when the restraint or involuntary seclusion began and ended and the lo-
cation of the restraint or involuntary seclusion.
(B) A description of the child in care’s activity that necessitated the use of restraint or invol-
untary seclusion.
(C) The efforts the program used to de-escalate the situation and the alternatives to restraint
or involuntary seclusion the program attempted before placing the child in care in the restraint or
involuntary seclusion.
(D)(i) The names of each individual who placed the child in care in the restraint or involuntary
seclusion or who monitored or approved the placement of the child in care in the restraint or in-
voluntary seclusion.
(ii) For each individual identified in this subparagraph, whether the individual was certified as
described in ORS 418.529 in the use of the type of restraint used or trained, as required by the De-
partment of Human Services by rule, in the use of the involuntary seclusion used, the date of the
individual’s most recent certification or training and a description of the types of restraint the in-
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dividual is certified to use, if any.
(iii) If an individual identified in this subparagraph was not certified or trained in the type of
restraint or involuntary seclusion used, or if the individual’s certification or training was not cur-
rent, a description of the individual’s certification or training deficiency and the reason an individ-
ual without the proper certification or training was involved in the restraint or involuntary
seclusion.
(E) If the child in care suffered a reportable injury arising from the incident, a description of
any photographs, audio recordings or video recordings related to the incident that are maintained
by the program under subsection (2) of this section.
(4) If an incident requires notice under subsection (3) of this section, not later than two business
days following the date of the restraint or involuntary seclusion, the program shall hold a debriefing
meeting with each individual who was involved in the incident and with any other appropriate pro-
gram staff, shall take written notes of the debriefing meeting and shall provide copies of the written
notes to the child in care’s case manager, attorney, court appointed special advocate and parents
or guardians.
(5) [ If serious bodily injury or the death of staff personnel occurs in connection to the use of the
restraint or involuntary seclusion, ] If, in connection with the use of a restraint or involuntary
seclusion, program personnel die or suffer serious physical injury, as defined in ORS 161.015,
the program shall provide the department with written notification of the incident not later than
24 hours following the incident.
(6) The department shall adopt rules regarding the installation and use of video recording
equipment in a program.
SECTION 16.
ORS 418.529 is amended to read:
418.529. (1)(a) The Department of Human Services shall adopt by rule training standards and
certification requirements regarding the placement of a child in care in a restraint or involuntary
seclusion, consistent with this section.
(b) The department shall designate [ two or three ] at least four nationally recognized providers
of crisis intervention training that meet the department’s training standards and whose certifications
issued upon completion of the training programs the department will recognize as satisfying the
department’s certification requirements.
(c) The department shall appoint an advisory committee to provide the department with
recommendations regarding the selection of providers of crisis intervention training under
this subsection. The department shall include as members of the advisory committee indi-
viduals who, as children, gained lived experience in the use of restraint or involuntary se-
clusion, and the families of those individuals.
(2) The department’s rules under this section must:
(a) Ensure consistency of training and professional development across all programs;
(b) Require the teaching of techniques for nonviolent crisis intervention that do not require re-
straint;
(c) Focus on de-escalation and trauma-informed behavioral support as the core of a training
program;
(d) Offer options for certification in skills that do not include the use of restraint to improve
agency-wide safety, culture and trauma-informed practices;
(e) Prioritize the reduction or elimination of the use of restraint and involuntary seclusion;
(f) Ensure that any physical intervention skills taught are trauma-informed, age-appropriate and
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developmentally appropriate for children in care, reduce the risk of physical or emotional harm and
are consistent with all state and federal laws;
(g) Include training to identify the physical, psychological and emotional risks for children and
program staff related to the use of restraint and involuntary seclusion;
(h) Ensure fidelity of training through the publication of consistent training materials and re-
sources for certified instructors and certified program staff;
(i) Include requirements for instructor training and certification; and
(j) Require regular, ongoing support to certified instructors, including quality control, monitor-
ing of outcomes and provision of information regarding networks for professional collaboration and
support.
(3) The department’s rules must require that training instructors:
(a) Be certified to conduct the type of training the instructor is providing;
(b) Complete a minimum of 26 hours of initial education with a focus on de-escalation, nonviolent
intervention and methods consistent with the department’s rules for the use of [physical
intervention] restraint;
(c) Complete a minimum of 12 hours of continuing education every two years;
(d) Be recertified at least once every two years; and
(e) Demonstrate written and physical competency before receiving certification or recertif-
ication.
(4) The department’s rules must provide that an individual who places a child in care in a pro-
gram in a restraint must be certified in the use of the specific type of restraint used. The
department’s rules must describe the minimum certification requirements, including:
(a) Completion of a minimum of 12 hours of initial training in person from an instructor certified
as provided in subsection (3) of this section, including at least six hours of training in positive be-
havior support, nonviolent crisis intervention and other methods of nonphysical intervention to
support children in care in crisis;
(b) Annual continuing education with a certified instructor; and
(c) Demonstration of a mastery of the training program material both in writing and by physical
competency before receiving certification.
(5) A certification issued under this section:
(a) Must be personal to the individual certified by the training provider;
(b) May be valid for no more than two years without recertification;
(c) Must require annual continuing education to maintain;
(d) Must require additional training to renew the certification;
(e) Must be portable between employers; and
(f) Must include:
(A) The dates during which the certification is current;
(B) The types of restraint in which the individual is certified, if any;
(C) The types of training the individual is certified to conduct, if any;
(D) Any special endorsements earned by the individual;
(E) The level of training; and
(F) The name of the certified instructor who conducted the training and administered the as-
sessment of proficiency.
(6) An individual whose certification is consistent with the department’s rules under this section
shall maintain the documentation of the certification and make that documentation available to the
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department upon request.
SECTION 17.
ORS 418.532 is amended to read:
418.532. (1) Each child in care receiving services from a child-caring agency must be provided
with information that:
(a) Explains the restraint and involuntary seclusion provisions [ of] under ORS 418.519 to
418.532 and section 1 of this 2025 Act, and the abuse provisions under ORS 418.257 to 418.259
and 419B.005;
(b) Provides instruction regarding how a child in care may report suspected [ inappropriate use
of restraint or involuntary seclusion ] use of wrongful restraint or wrongful seclusion, as de-
scribed in section 1 of this 2025 Act ;
(c) Assures the child in care that the child will not experience retaliation for reporting sus-
pected [ inappropriate uses of restraint or involuntary seclusion ] use of wrongful restraint or
wrongful seclusion, as described in section 1 of this 2025 Act ; and
(d) Includes the telephone number for the toll-free child abuse hotline described in ORS 417.805,
information regarding the centralized child abuse reporting system described in ORS 418.190 and the
telephone numbers and electronic mail addresses for the program’s licensing or certification agency,
the child in care’s caseworker and attorney, the child in care’s court appointed special advocate and
Disability Rights Oregon.
(2) The information described in subsection (1) of this section must be provided by:
(a) The Department of Human Services if the department placed the child in care in the child-
caring agency;
(b) The Oregon Youth Authority if the child in care has been committed to the custody of the
authority; or
(c) The child-caring agency, as required by the department by rule, for all other children in care.
SECTION 18.
ORS 419A.245 is amended to read:
419A.245. (1) [During the transportation of a youth, adjudicated youth, young person, ward or child
by the Department of Human Services, the Oregon Health Authority or an agent of the department or
authority:] The Oregon Health Authority or an agent of the authority may use restraints
during the transportation of a youth, adjudicated youth or young person as provided in this
section.
(2) Prior to using restraints during the transportation of a youth, adjudicated youth or
young person, the authority shall create a transportation safety plan, including documenta-
tion of the need for restraints. The transportation safety plan must address intervention
strategies designed to modify behavior without the use of restraints and recommend the
least restrictive effective alternative.
[(a)] (3) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth
restraints, leather restraints, plastic restraints and other similar items, may not be used during
transportation of a youth, adjudicated youth or young person unless:
[(A)] (a) The transportation is secure transportation to a detention facility, youth correction
facility, as defined in ORS 420.005, secure hospital, secure intensive community inpatient facility or
other secure facility; or
[(B)] (b) The restraints are necessary due to an immediate and serious risk of dangerous or
disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate
and serious risk of dangerous or disruptive behavior.
[(b) Prior to the use of restraints during transportation, a transportation safety plan, including
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documentation of the need for restraints, must be created. The transportation safety plan must address
intervention strategies designed to modify behavior without the use of restraints and recommend the
least restrictive effective alternative. ]
[(c)] (4) Only staff who have been adequately trained in restraint device usage may use and ap-
ply restraints during transportation of a youth, adjudicated youth or young person .
[(d)] (5) Restraints during transportation of a youth, adjudicated youth or young person may
not be used as punishment, for convenience or as a substitute for staff supervision.
[(2) This section applies to all circumstances of transportation of a ward or child by the Depart-
ment of Human Services, the Oregon Health Authority or an agent of the department or authority, in-
cluding but not limited to transportation between placements with child-caring agencies, foster homes,
shelter care facilities, treatment and residential facilities or any other type of placement destination for
a ward or child in the custody of the Department of Human Services. ]
(Abuse Reports and Investigations)
SECTION 19.
ORS 418.190 is amended to read:
418.190. (1) As used in this section, “abuse reporting hotline” means a statewide toll-free tele-
phone number operated by the Department of Human Services for reporting suspected abuse.
(2) The department shall develop and maintain a centralized child abuse reporting system. The
system must include [ the] an abuse reporting hotline for oral reports of suspected abuse and [ a]
may include a website for electronic reports of suspected child abuse.
SECTION 20. ORS 339.296 and sections 8, 12 and 14, chapter 581, Oregon Laws 2023, are
repealed.
SECTION 21. Section 13, chapter 581, Oregon Laws 2023, is amended to read:
Sec. 13. (1) Section 2, chapter 581, Oregon Laws 2023, [of this 2023 Act ] and the amendments
to ORS 419B.005 by sections 3 and 4 , chapter 581, Oregon Laws 2023, [ of this 2023 Act ] apply to
incidents occurring on or after July 1, 2023.
(2) The amendments to ORS 419B.005 by sections 5 and 6 , chapter 581, Oregon Laws 2023,
[of this 2023 Act ] apply to incidents occurring on or after [ July 1, 2028 ] the effective date of this
2025 Act .
[(3) The quarterly report described in the amendments to ORS 419B.019 by section 7 of this 2023
Act is first due on January 1, 2024. ]
SECTION 22. ORS 419B.005, as amended by section 6, chapter 581, Oregon Laws 2023, and
section 65, chapter 73, Oregon Laws 2024, is amended to read:
419B.005. As used in ORS 419B.005 to 419B.050, unless the context requires otherwise:
(1)(a) “Abuse” means:
(A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child that
has been caused by other than accidental means, including any injury that appears to be at variance
with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only cruel or unconscionable acts or
statements made, or threatened to be made, to a child if the acts, statements or threats result in
severe harm to the child’s psychological, cognitive, emotional or social well-being [ and] or func-
tioning.
(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual pene-
tration and incest, as those acts are described in ORS chapter 163.
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(D) Sexual abuse, as described in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any
other conduct that allows, employs, authorizes, permits, induces or encourages a child to engage in
the performing for people to observe or the photographing, filming, tape recording or other exhibi-
tion that, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or de-
scribed in ORS 163.665 and 163.670, sexual abuse involving a child or rape of a child, but not
including any conduct that is part of any investigation conducted pursuant to ORS 419B.020 or that
is designed to serve educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in
ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as
described in ORS 163.413 or to engage in commercial sexual solicitation as described in ORS 167.008.
(F) Negligent treatment or maltreatment of a child, including but not limited to the failure to
provide adequate food, clothing, shelter or medical care that is likely to endanger the health or
welfare of the child.
(G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm
to the child’s health or welfare.
(H) Buying or selling a person under 18 years of age as described in ORS 163.537.
(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, as defined in ORS 475.005, or to the unlawful
manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a sub-
stantial risk of harm to the child’s health or safety.
(K) The infliction of corporal punishment on a child in violation of [ ORS 339.250 (9) ] section 1
of this 2025 Act .
(L) Wrongful restraint or wrongful seclusion, as described in section 1 of this 2025 Act,
of a child by a responsible individual, as defined in section 1 of this 2025 Act.
(M) Subjecting a child to involuntary servitude or trafficking as described in ORS 163.263,
163.264 or 163.266.
(b) “Abuse” does not include the reasonable discipline of a child unless the discipline results
in one of the conditions described in paragraph (a) of this subsection.
(2) “Child” means an unmarried person who:
(a) Is under 18 years of age; or
(b) Is a child in care, as defined in ORS 418.257.
(3) “Higher education institution” means:
(a) A community college as defined in ORS 341.005;
(b) A public university listed in ORS 352.002;
(c) The Oregon Health and Science University; and
(d) A private institution of higher education located in Oregon.
(4)(a) “Investigation” means a detailed inquiry into or assessment of the safety of a child alleged
to have experienced abuse.
(b) “Investigation” does not include screening activities conducted upon the receipt of a report.
(5) “Law enforcement agency” means:
(a) A city or municipal police department.
(b) A county sheriff’s office.
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(c) The Oregon State Police.
(d) A police department established by a university under ORS 352.121 or 353.125.
(e) A county juvenile department.
(6) “Public or private official” means:
(a) Physician or physician associate licensed under ORS chapter 677 or naturopathic physician,
including any intern or resident.
(b) Dentist.
(c) School employee, including an employee of a higher education institution.
(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide
or employee of an in-home health service.
(e) Employee of the Department of Human Services, Oregon Health Authority, Department of
Early Learning and Care, Department of Education, Youth Development Division, the Oregon Youth
Authority, a local health department, a community mental health program, a community develop-
mental disabilities program, a county juvenile department, a child-caring agency as that term is de-
fined in ORS 418.205 or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical services provider.
(q) Court appointed special advocate, as defined in ORS 419A.004.
(r) Child care provider registered or certified under ORS 329A.250 to 329A.450.
(s) Elected official of a branch of government of this state or a state agency, board, commission
or department of a branch of government of this state or of a city, county or other political subdi-
vision in this state.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission directly involved in investi-
gations or discipline by the commission.
(x) Pharmacist.
(y) Operator of a preschool recorded program under ORS 329A.255.
(z) Operator of a school-age recorded program under ORS 329A.255.
(aa) Employee of a private agency or organization facilitating the provision of respite services,
as defined in ORS [ 418.205] 418.215 (2)(b), for parents pursuant to a properly executed power of at-
torney under ORS 109.056.
(bb) Employee of a public or private organization providing child-related services or activities:
(A) Including but not limited to an employee of a:
(i) Youth group or center;
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(ii) Scout group or camp;
(iii) Summer or day camp;
(iv) Survival camp; or
(v) Group, center or camp that is operated under the guidance, supervision or auspices of a re-
ligious, public or private educational system or a community service organization; and
(B) Excluding an employee of a qualified victim services program as defined in ORS 147.600 that
provides confidential, direct services to victims of domestic violence, sexual assault, stalking or hu-
man trafficking.
(cc) Coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete,
if compensated and if the athlete is a child.
(dd) Personal support worker, as defined in ORS 410.600.
(ee) Home care worker, as defined in ORS 410.600.
(ff) Animal control officer, as defined in ORS 609.500.
(gg) Member of a school district board, an education service district board or a public charter
school governing body.
(hh) Individual who is paid by a public body, in accordance with ORS 430.215, to provide a ser-
vice identified in an individualized service plan of a child with a developmental disability.
(ii) Referral agent, as defined in ORS 418.351.
(jj) Parole and probation officer, as defined in ORS 181A.355.
(kk) Behavior analyst or assistant behavior analyst licensed under ORS 676.810 or behavior
analysis interventionist registered by the Health Licensing Office under ORS 676.815.
SECTION 23.
ORS 430.735, as amended by section 73, chapter 73, Oregon Laws 2024, is
amended to read:
430.735. As used in ORS 430.735 to 430.765:
(1) “Abuse” means one or more of the following:
(a) Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neg-
lect of duties and obligations owed an adult by a caregiver or other person.
(b) Any physical injury to an adult caused by other than accidental means, or that appears to
be at variance with the explanation given of the injury.
(c) Willful infliction of physical pain or injury upon an adult.
(d) Sexual abuse.
(e) Neglect.
(f) Verbal abuse of an adult.
(g) Financial exploitation of an adult.
(h) Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the
adult.
(i) A wrongful use of a physical or chemical restraint upon an adult, excluding an act of re-
straint prescribed by a physician licensed under ORS chapter 677, physician associate licensed under
ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practi-
tioner licensed under ORS 678.375 to 678.390 and any treatment activities that are consistent with
an approved treatment plan or in connection with a court order.
(j) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427,
163.465 or 163.467.
(k) Any death of an adult caused by other than accidental or natural means.
[(L) The restraint or seclusion of an adult with a developmental disability in violation of ORS
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339.288, 339.291 or 339.308.]
[(m) The infliction of corporal punishment on an adult with a developmental disability in violation
of ORS 339.250 (9). ]
(2) “Adult” means a person 18 years of age or older:
(a) With a developmental disability who is currently receiving services from a community pro-
gram or facility or who was previously determined eligible for services as an adult by a community
program or facility;
(b) With a severe and persistent mental illness who is receiving mental health treatment from
a community program; or
(c) Who is receiving services for a substance use disorder or a mental illness in a facility or a
state hospital.
(3) “Adult protective services” means the necessary actions taken to prevent abuse or exploi-
tation of an adult, to prevent self-destructive acts and to safeguard the adult’s person, property and
funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to
protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides
for the greatest degree of independence.
(4) “Caregiver” means an individual, whether paid or unpaid, or a facility that has assumed re-
sponsibility for all or a portion of the care of an adult as a result of a contract or agreement.
(5) “Community program” includes:
(a) A community mental health program or a community developmental disabilities program as
established in ORS 430.610 to 430.695; or
(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide
mental health treatment in the community.
(6) “Facility” means a residential treatment home or facility, residential care facility, adult fos-
ter home, residential training home or facility or crisis respite facility.
(7) “Financial exploitation” means:
(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an
adult.
(b) Alarming an adult by conveying a threat to wrongfully take or appropriate money or prop-
erty of the adult if the adult would reasonably believe that the threat conveyed would be carried
out.
(c) Misappropriating, misusing or transferring without authorization any money from any ac-
count held jointly or singly by an adult.
(d) Failing to use the income or assets of an adult effectively for the support and maintenance
of the adult.
(8) “Intimidation” means compelling or deterring conduct by threat.
(9) “Law enforcement agency” means:
(a) Any city or municipal police department;
(b) A police department established by a university under ORS 352.121 or 353.125;
(c) Any county sheriff’s office;
(d) The Oregon State Police; or
(e) Any district attorney.
(10) “Neglect” means:
(a) Failure to provide the care, supervision or services necessary to maintain the physical and
mental health of an adult that may result in physical harm or significant emotional harm to the
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adult;
(b) Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or
(c) Withholding of services necessary to maintain the health and well-being of an adult that
leads to physical harm of the adult.
(11) “Public or private official” means:
(a) Physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505
to 677.525, naturopathic physician, psychologist or chiropractor, including any intern or resident;
(b) Licensed practical nurse, registered nurse, nurse’s aide, home health aide or employee of an
in-home health service;
(c) Employee of the Department of Human Services or Oregon Health Authority, local health
department, community mental health program or community developmental disabilities program or
private agency contracting with a public body to provide any community mental health service;
(d) Peace officer;
(e) Member of the clergy;
(f) Regulated social worker;
(g) Physical, speech or occupational therapist;
(h) Information and referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed professional counselor or licensed marriage and family therapist;
(k) Any public official;
(L) Firefighter or emergency medical services provider;
(m) Elected official of a branch of government of this state or a state agency, board, commission
or department of a branch of government of this state or of a city, county or other political subdi-
vision in this state;
(n) Personal support worker, as defined in ORS 410.600;
(o) Home care worker, as defined in ORS 410.600; or
(p) Individual paid by the Department of Human Services to provide a service identified in an
individualized service plan of an adult with a developmental disability.
(12) “Services” includes but is not limited to the provision of food, clothing, medicine, housing,
medical services, assistance with bathing or personal hygiene or any other service essential to the
well-being of an adult.
(13)(a) “Sexual abuse” means:
(A) Sexual contact with a nonconsenting adult or with an adult considered incapable of con-
senting to a sexual act under ORS 163.315;
(B) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit mate-
rial or language;
(C) Any sexual contact between an employee of a facility or paid caregiver and an adult served
by the facility or caregiver;
(D) Any sexual contact between an adult and a relative of the adult other than a spouse;
(E) Any sexual contact that is achieved through force, trickery, threat or coercion; or
(F) Any sexual contact between an individual receiving mental health or substance abuse
treatment and the individual providing the mental health or substance abuse treatment.
(b) “Sexual abuse” does not mean consensual sexual contact between an adult and a paid
caregiver who is the spouse of the adult.
(14) “Sexual contact” has the meaning given that term in ORS 163.305.
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(15) “Verbal abuse” means to threaten significant physical or emotional harm to an adult
through the use of:
(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate
sexual comments.
CHILD-CARING AGENCY REGULATION
SECTION 24.
ORS 418.205 is amended to read:
418.205. As used in ORS 418.205 to 418.327, [ 418.330,] 418.470, 418.475, 418.950 to 418.970 and
418.992 to 418.998, unless the context requires otherwise:
(1) “Certified foster home” means a foster home subject to ORS 418.625 to 418.645.
[(1)] (2) “Child” means an unmarried person under 21 years of age [ who resides in or receives
care or services from a child-caring agency ].
[(2)(a) ] (3) “Child-caring agency” means a children’s care or services provider that is re-
quired under ORS 418.215 to be licensed, certified or otherwise authorized by the Department
of Human Services under ORS 418.240. [:]
[(A) Any private school, private agency, private organization or county program providing: ]
[(i) Day treatment for children with emotional disturbances; ]
[(ii) Adoption placement services; ]
[(iii) Residential care, including but not limited to foster care or residential treatment for
children;]
[(iv) Residential care in combination with academic education and therapeutic care, including but
not limited to treatment for emotional, behavioral or mental health disturbances; ]
[(v) Outdoor youth programs; or ]
[(vi) Other similar care or services for children. ]
[(B) Any private organization or person that provides secure transportation services as defined in
ORS 418.241 during any segment of a child’s trip to or from a child-caring agency, certified foster home
as defined in ORS 418.241 or developmental disabilities residential facility as defined in ORS 418.241,
if the route of the child’s trip begins or ends in this state. ]
[(b) “Child-caring agency” includes the following: ]
[(A) A shelter-care home that is not a foster home subject to ORS 418.625 to 418.645; ]
[(B) An independent residence facility as described in ORS 418.475 that meets the standards es-
tablished by the Department of Human Services by rule to be considered a child-caring agency; ]
[(C) A private residential boarding school; ]
[(D) A child-caring facility as defined in ORS 418.950; and ]
[(E) A secure nonemergency medical transportation provider, as defined in ORS 418.241. ]
[(c) “Child-caring agency” does not include: ]
[(A) Residential facilities or foster care homes certified or licensed by the Department of Human
Services under ORS 443.400 to 443.455, 443.830 and 443.835 for children receiving developmental dis-
ability services; ]
[(B) Any private agency or organization facilitating the provision of respite services for parents
pursuant to a properly executed power of attorney under ORS 109.056. For purposes of this subpara-
graph, “respite services” means the voluntary assumption of short-term care and control of a minor
child without compensation or reimbursement of expenses for the purpose of providing a parent in crisis
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with relief from the demands of ongoing care of the parent’s child; ]
[(C) A youth job development organization as defined in ORS 344.415; ]
[(D) A shelter-care home that is a foster home subject to ORS 418.625 to 418.645; ]
[(E) A foster home subject to ORS 418.625 to 418.645; ]
[(F) A facility that exclusively serves individuals 18 years of age and older; or ]
[(G) A facility that primarily serves both adults and children but requires that any child must be
accompanied at all times by at least one custodial parent or guardian. ]
[(3) “Child-caring facility” has the meaning given that term in ORS 418.950. ]
[(4)(a) “County program” means any county operated program that provides care or services to
children:]
[(A) In the custody of the Department of Human Services or the Oregon Youth Authority; or ]
[(B) Under a contract with the Oregon Health Authority. ]
[(b) “County program” does not include any local juvenile detention facility that receives state ser-
vices provided and coordinated by the Department of Corrections under ORS 169.070. ]
[(5)] (4) “Governmental agency” means an executive, legislative or judicial agency, department,
board, commission, authority, institution or instrumentality of this state or of a county, municipality
or other political subdivision of this state.
[(6) “Independent residence facility” means a facility as described in ORS 418.475. ]
(5) “Managers” means the individuals at the highest levels of an organization’s leadership
who have significant responsibility for the operations, finances and overall governance of the
organization.
[(7)(a) “Outdoor youth program” means a program that provides, in an outdoor living setting, ser-
vices to children who have behavioral problems, mental health problems or problems with abuse of al-
cohol or drugs.]
[(b) “Outdoor youth program” does not include any program, facility or activity: ]
[(A) Operated by a governmental entity; ]
[(B) Operated or affiliated with the Oregon Youth Corps; ]
[(C) Licensed by the Department of Human Services under other authority of the department; or ]
[(D) Operated by a youth job development organization as defined in ORS 344.415. ]
(6) “Out-of-state child-caring agency” has the meaning given that term in ORS 418.321.
[(8)] (7) “Private” means not owned, operated or administered by any governmental agency or
unit.
[(9) “Private residential boarding school” means either of the following as the context requires: ]
[(a) A child-caring agency that is a private school that provides residential care in combination
with academic education and therapeutic care, including but not limited to treatment for emotional,
behavioral or mental health disturbances; or ]
[(b) A private school providing residential care that is primarily engaged in educational work un-
der ORS 418.327. ]
[(10)] (8) “Proctor foster home” means a foster home certified by a child-caring agency under
ORS 418.248 that is not [ subject to ORS 418.625 to 418.645 ] a certified foster home .
[(11) “Provider of care or services for children” means a person, entity or organization that pro-
vides care or services to children, regardless of whether the child is in the custody of the Department
of Human Services, and that does not otherwise meet the definition of, or requirements for, a child-
caring agency. “Provider of care or services for children” includes a proctor foster home certified by
a child-caring agency under ORS 418.248. ]
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[(12)] (9) “Qualified residential treatment program” means a program described in ORS 418.323.
[(13) “Shelter-care home” has the meaning given that term in ORS 418.470. ]
SECTION 25.
ORS 418.210 is amended to read:
418.210. ORS 418.205 to 418.327 [ shall] do not apply to:
(1) [ Homes] A home established and maintained by a fraternal [ organizations ] organization
wherein only members, [ their] members’ spouses and surviving spouses in marriages and children
are admitted as residents;
(2) [Any ] A certified foster home [ that is subject to ORS 418.625 to 418.645 ];
(3) [Any ] A child care facility that is subject to ORS 329A.030 and 329A.250 to 329A.450;
(4) [ Any ] An individual, or home of an individual, providing respite services, as defined in ORS
[418.205] 418.215 (2)(b), for parents pursuant to a properly executed power of attorney under ORS
109.056;
(5) [ Any ] A private agency or organization facilitating the provision of respite services, as de-
fined in ORS [ 418.205] 418.215 (2)(b), for parents pursuant to a properly executed power of attorney
under ORS 109.056; or
(6) A shelter-care home , as defined in ORS 418.470, that is [ subject to ORS 418.625 to 418.645 ]
a certified foster home .
[(7) Any governmental entity, other than a county program, that is a provider of care or services
for children, including but not limited to the Oregon Youth Authority. ]
(7) A governmental entity, including the Oregon Youth Authority, that provides care or
services to children, regardless of whether the children are in the custody of the Department
of Human Services, if:
(a) The governmental entity is not a child-caring agency; and
(b) The governmental entity is not a county program, as defined in ORS 418.215.
SECTION 26.
ORS 418.215 is amended to read:
418.215. [(1) A child-caring agency may not provide or engage in any care or services described in
ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the agency is licensed, certified
or otherwise authorized to provide or engage in the provision of care or services to a child by the
Department of Human Services under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to
418.970.]
[(2) A child-caring agency that provides care or services to a child may not be licensed, certified
or authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 unless the
agency: ]
[(a) Is duly incorporated under the corporation laws of any state; or ]
[(b) Is a county program. ]
(1) The following children’s care or services providers must be licensed, certified or oth-
erwise authorized by the Department of Human Services to provide or engage in the pro-
vision of care or services described in ORS 418.205 to 418.327, 418.241, 418.470, 418.475 or
418.950 to 418.970:
(a) A private school, private agency, private organization or county program that is:
(A) A provider of psychiatric day treatment for children;
(B) A provider of adoption placement services;
(C) A provider of residential care, including but not limited to foster care or residential
treatment for children;
(D) A provider of residential care in combination with academic education and
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therapeutic care, including but not limited to treatment for emotional, behavioral or mental
health disturbances;
(E) An outdoor youth program, as defined in ORS 418.246; or
(F) A provider of other similar care or services for children;
(b) Any private organization or person that provides secure transportation services as
defined in ORS 418.241 during any segment of a child’s trip to or from a child-caring agency,
certified foster home as defined in ORS 418.241 or developmental disabilities residential fa-
cility as defined in ORS 418.241, if the route of the child’s trip begins or ends in this state;
(c) A shelter-care home, as defined in ORS 418.470, that is not a certified foster home;
(d) An independent residence facility as described in ORS 418.475 that meets the stan-
dards established by the department by rule to be considered a child-caring agency;
(e) A private residential boarding school, as defined in ORS 418.327; and
(f) A child-caring facility as defined in ORS 418.950.
(2) The following providers of care or services to children are not required to be licensed,
certified or otherwise authorized by the department under ORS 418.240:
(a) Residential facilities or foster care homes certified or licensed by the department
under ORS 443.400 to 443.455, 443.705 to 443.825, 443.830 and 443.835 for children or adults re-
ceiving developmental disability services;
(b) Any private agency or organization facilitating the provision of respite services for
parents pursuant to a properly executed power of attorney under ORS 109.056. For purposes
of this paragraph, “respite services” means the voluntary assumption of short-term care and
control of a minor child without compensation or reimbursement of expenses for the purpose
of providing a parent in crisis with relief from the demands of ongoing care of the parent’s
child;
(c) A youth job development organization as defined in ORS 344.415;
(d) A shelter-care home, as defined in ORS 418.470, that is a certified foster home;
(e) A certified foster home;
(f) A facility that exclusively serves individuals 18 years of age and older;
(g) A facility that primarily serves both adults and children but requires that any child
must be accompanied at all times by at least one custodial parent or guardian;
(h) A private organization or person that provides nonemergency medical secure trans-
portation services or nonemergency medical transportation services subject to rules adopted
by the Oregon Health Authority;
(i) An ambulance service as defined in ORS 682.025; or
(j) A host home described in ORS 417.803.
(3) As used in this section, “county program” means any county operated program that
provides care or services to children:
(a) In the custody of the department or the Oregon Youth Authority; or
(b) Under a contract with the Oregon Health Authority.
SECTION 27.
ORS 418.240 is amended to read:
418.240. (1) [ All child-caring agencies shall obtain from the Department of Human Services a li-
cense, certificate or other authorization to provide ] The Department of Human Services shall adopt
rules, consistent with this section and ORS 418.215, for the licensing, certification or au-
thorization of child-caring agencies to provide or engage in the provision of care or services
to children under ORS 418.205 to 418.327, 418.241, 418.470, 418.475 or 418.950 to 418.970. The rules
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must set forth the criteria for issuance, renewal, suspension or revocation of, or for placing con-
ditions on, a license, certificate or authorization under this section must:
(a) [ Be set forth in rules adopted by the department; ] Require that the agency be:
(A) Duly incorporated under the corporation laws of any state;
(B) A domestic limited liability company or a foreign limited liability company, as those
terms are defined in ORS 60.001; or
(C) A county program;
(b) Include the full compliance requirements set forth in subsection (2) of this section; and
(c) Include, but [are] not be limited to, the following:
(A) The fitness of the child-caring agency.
(B) The employment of capable, trained or experienced staff that meet minimum staffing re-
quirements.
(C) Sufficient financial backing to ensure effective operations.
(D) The probability of permanence in the child-caring agency.
(E) The care and services provided to the children served will be in their best interests and that
of society.
(F) That the child-caring agency is or will be in compliance with the standards of care and
treatment established in rules adopted by the department.
(2)(a) The department may not issue or renew a license, certificate or other authorization to a
child-caring agency unless the department finds the agency is or will be in full compliance with all
of the following:
(A) The agency ensures child and family rights.
(B) The agency complies with abuse reporting and investigation requirements.
(C) The agency engages in and applies appropriate behavior management techniques.
(D) The agency provides adequate furnishings and personal items for children.
(E) The agency provides appropriate food services.
(F) The agency ensures the safety of children.
(G) The agency utilizes approved procedures and protocols for use of medications for children
receiving care or services from the agency.
(H) The agency or the agency’s employees or agents have not engaged in financial mismanage-
ment.
(I) The agency fully and timely corrects violations and maintains standards in accordance with
any plan of correction imposed by the department.
(J) The agency provides access as required under ORS 418.305 to a child or the agency’s prem-
ises to the department or the department’s employees, investigators, court appointed special advo-
cates, attorneys for a child or other authorized persons or entities.
(K) The agency provides the department with true copies of records relating to incidents in-
volving the restraint or involuntary seclusion of children in care as required under ORS 418.526 (2).
(b) The department may suspend, revoke or place conditions on a license, certificate or author-
ization of a child-caring agency if the department finds the agency is not in full compliance with any
one or more of the full compliance requirements listed in paragraph (a) of this subsection.
(c) The department must take immediate steps to place conditions on, suspend or revoke the
license, certificate or other authorization of a child-caring agency, if any of the following are found
to exist:
(A) There has been the death of a child as a result of abuse or neglect on the part of the agency
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or any of the agency’s employees or agents.
(B) There has been sexual or physical abuse or neglect of a child in the agency’s care or custody
that was known to the [ agency and the agency did not take immediate steps to report the abuse or
neglect and to ensure the child’s safety ] agency’s managers and the agency’s managers failed to
take immediate steps to ensure the child’s safety and to ensure that a report of child abuse
was made.
(C) The [ agency] agency’s managers failed to cooperate fully with any local, state or federal
regulatory entity’s investigation of the agency or the agency’s operations or employees.
(D) The [ agency] agency’s managers failed to provide financial statements as required under
ORS 418.255.
(d) If any of the circumstances described in paragraph (c) of this subsection exists, the depart-
ment may immediately place conditions on the license, certificate or authorization of the child-caring
agency prior to a hearing if, consistent with ORS 183.430, the department finds there is a serious
danger to the public health or safety and sets forth specific reasons for such findings.
(e) It is grounds to deny issuance or renewal, suspend, revoke or place conditions on a license,
certificate or other authorization if the department becomes aware that a child-caring agency, or the
owner or operator of the agency, has been found by other state or federal entities to have engaged
in financial, civil or criminal misconduct.
(3)(a) If the Director of Human Services has taken action under subsection (2)(c) of this section
to suspend or revoke a license, certificate or other authorization, the notice of intent to suspend or
revoke may be rescinded if the director determines that the concerns regarding the health and
safety of the children in the child-caring agency’s care or custody have been ameliorated and any
conditions placed on the license, certificate or other authorization of the child-caring agency have
been resolved.
(b) Fourteen days before rescinding a notice of intent to suspend or revoke, the Director of
Human Services must provide written notice regarding the intent to rescind to the Governor. The
notice of intent to rescind is a public record and open for inspection by any person without order
of a court. The notice of intent to rescind must include the following information:
(A) The circumstances that led to the notice of intent to suspend or revoke;
(B) The actions taken by the child-caring agency, the Department of Human Services, the At-
torney General, the Oregon Youth Authority and the Oregon Health Authority in response to the
circumstances leading to the notice of intent to suspend or revoke;
(C) Any penalties, fees or charges made or levied against the child-caring agency; and
(D) A complete description of changes that were made at the child-caring agency and the rea-
sons for the determination that the concerns regarding the health and safety of children in the
child-caring agency’s care or custody have been ameliorated or that any conditions placed on the
license, certificate or other authorization of the child-caring agency have been resolved.
(c) In making a decision to rescind a notice of intent to suspend or revoke under this subsection,
the decision must be based solely on the health and safety of the children served by the child-caring
agency. Systemwide capacity of the child welfare system may not be considered as an element of the
decision.
(d) For three years after a notice of intent to suspend or revoke is rescinded under this sub-
section, the child-caring agency must apply for a renewal of the child-caring agency’s license, cer-
tificate or other authorization on an annual basis.
(e) The department must provide the following with copies of a notice of intent to rescind within
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five business days of issuing the notice:
(A) The Governor; and
(B) The committees of the Legislative Assembly relating to child welfare.
(4) The department may immediately place conditions on any license, certificate or authorization
issued under this section, including but not limited to placing full or partial restrictions on admis-
sion of children, temporary suspension, limitation of operations subject to an intent to revoke and
limitation of operations subject to correction of violations as specified in a plan of correction im-
posed by the department. The department shall immediately notify any state or governmental agency
or unit that has a contract with the child-caring agency to provide care or services to a child, and
the governing board, trustees, owners, managers, operators or other appropriate authorities respon-
sible for the child-caring agency, of conditions placed by the department on the child-caring agency’s
license, certificate or authorization under this section.
(5) If applicable, an applicant shall submit written proof of compliance with the notification re-
quirements in ORS 336.575.
(6) The department may not charge a fee for inspections leading to decisions regarding, and is-
suance of, licenses, certifications or authorizations under this section, but may impose fees to cover
costs of related inspections done for the department by other governmental agencies.
(7) Except as provided in subsection (3) of this section, a license, certificate or authorization
issued by the department under this section shall be valid for a period of two years, unless sus-
pended or revoked sooner by the department. However, the department at any time may require
amendments to an existing license, certificate or authorization to accommodate changes in the fac-
tors upon which the issuance was based.
(8) When a condition exists that seriously endangers [ or places at risk ] the health, safety or
welfare of a child who is receiving care or services at a child-caring agency:
(a) The director shall issue an interim emergency order without notice, or with reasonable no-
tice under the circumstances, requiring the agency to correct the conditions and ensure the safety
of children in the care of the agency. The interim emergency order shall remain in force until a final
order, after a hearing, has been entered in accordance with ORS chapter 183.
(b) The director may commence an action to enjoin operation of a child-caring agency:
(A) If the agency is being operated without a valid license, certificate or other authorization
issued under this section; or
(B) If the agency fails to comply with a plan of correction imposed by the department or to
correct conditions not in conformity with standards as set out in an order issued under paragraph
(a) of this subsection, within the time specified in the order.
(9) If the director, the director’s designee or the department becomes aware through any means
that a child-caring agency, or an owner, operator or employee of a child-caring agency, is the sub-
ject of an investigation by another state agency, law enforcement agency or federal agency, the di-
rector or director’s designee shall [ take immediate steps to cause an investigation to take place into
the circumstances surrounding the investigation and whether there is a threat to a child, or whether
a child is at risk, at the child-caring agency. Upon determination of the level of threat or risk to chil-
dren at the agency, the director shall take appropriate steps to protect and ensure the health, safety and
welfare of children as necessary under the circumstances. Failure to comply with the requirements of
this subsection constitutes grounds for a charge of official misconduct in the second degree under ORS
162.405.] take immediate steps to assess the circumstances surrounding the investigation. If
the director or the director’s designee determines that a condition exists that seriously en-
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dangers the health, safety or welfare of a child who is receiving care or services at a child-
caring agency, the director or the director’s designee shall take appropriate steps to protect
and ensure the health, safety and welfare of children as necessary under the circumstances.
Intentional violation of the requirements of this subsection constitutes official misconduct
in the second degree under ORS 162.405.
(10) If the Department of Justice or Bureau of Labor and Industries commences an investigation
of a child-caring agency or an owner, operator or employee of a child-caring agency, the Department
of Justice or Bureau of Labor and Industries shall notify, inform and regularly update the director,
the director’s designee or such other personnel in the Department of Human Services designated to
receive such information regarding the investigation. The director and the department shall imme-
diately undertake the responsive action required by subsection (9) of this section upon receiving
such notification. Intentional interference with, discouragement of or impediment to the receipt of
the notification, information and updates required under this subsection constitutes official miscon-
duct in the second degree under ORS 162.405.
(11) The Department of Human Services shall adopt rules to implement the provisions of this
section.
SECTION 28.
ORS 418.248 is amended to read:
418.248. (1) A child-caring agency may certify a proctor foster home as a provider of care or
services for children , regardless of whether the children are in the custody of the Department
of Human Services, provided the proctor foster home is not required to be licensed by the
department under ORS 418.215. The child-caring agency may not certify a proctor foster home
under this section unless the child-caring agency determines that the proctor foster home meets
minimum standards as established by rules adopted by the Department of Human Services or the
Oregon Youth Authority, as applicable. The determination that a proctor foster home meets mini-
mum standards and the certification by the child-caring agency must take place before placement
of a child in the proctor foster home.
(2)(a) Prior to certification as a proctor foster home, an applicant shall provide the department
or the youth authority, as applicable, and the child-caring agency with a release of information or
other authorization sufficient to enable the department or the youth authority to release to the
child-caring agency information about whether there is an ongoing investigation involving the ap-
plicant, or a finding of substantiated allegations of abuse or neglect by the applicant, related to a
vulnerable person, including but not limited to a child, elderly person, person with a disability or
person residing in a long term care facility as defined in ORS 442.015, a residential facility as de-
fined in ORS 443.400, including but not limited to an assisted living facility, or an adult foster home
as defined in ORS 443.705. Within 30 days of receipt of a release or authorization under this para-
graph, the department or the youth authority shall provide the child-caring agency with information
regarding ongoing investigations involving, or substantiated allegations of abuse or neglect against,
the applicant.
(b) In addition to the requirements of paragraph (a) of this subsection, an applicant must disclose
in writing to the department or the youth authority, as applicable, and the child-caring agency any
criminal conviction, imposition of a restraining or protective order against the applicant or abuse
or neglect investigation of the applicant related to a vulnerable person as described in paragraph
(a) of this subsection.
(3) If a decision is made not to certify a proctor foster home under this section for reasons re-
lated to an ongoing investigation involving the applicant, or findings of substantiated allegations of
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abuse or neglect by an applicant, the child-caring agency shall disclose to the applicant the reasons
for the denial of certification.
(4) The department and the youth authority shall adopt rules to implement the provisions of this
section.
SECTION 29.
ORS 418.255 is amended to read:
418.255. (1) The Department of Human Services shall inspect and supervise all child-caring
agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 as provided in this
section.
(2) Inspections of the premises of a child-caring agency shall occur no less frequently than once
per year and shall be made at unexpected times, with irregular intervals between inspections and
without previous notice to the agency. Inspections under this subsection shall be limited to premises
where children reside and receive care or services from employees or staff who do not reside on the
premises.
(3)(a) Except as provided in paragraph (c) of this subsection, a child-caring agency subject to
ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that has annual revenues in excess
of $1 million shall provide the Department of Human Services, at such times as the department
specifies by rule, with annual financial statements that have been audited by an independent certi-
fied public accountant and a tax compliance certificate issued by the Department of Revenue.
(b) Except as provided in paragraph (c) of this subsection, a child-caring agency subject to ORS
418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 that has annual revenues of $1 million or
less shall provide the Department of Human Services, upon request or at such times as the depart-
ment specifies by rule, with financial statements that have been reviewed by an independent certi-
fied public accountant and a tax compliance certificate issued by the Department of Revenue.
(c) A child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to
418.970 that provides [ adoption placement] services but does not provide care to a child and does not
receive public funds shall provide the Department of Human Services, upon request or at such times
as the department specifies by rule, with a tax compliance certificate issued by the Department of
Revenue.
(d) Information in financial statements and tax compliance certificates submitted to the Depart-
ment of Human Services under this subsection is a public record and open for inspection by any
person without order of a court.
(e) The Department of Revenue shall adopt rules to implement the provisions of this subsection
pertaining to tax compliance certificates.
(4) The Department of Human Services may conduct an audit, including a forensic audit, of any
child-caring agency subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 to de-
termine compliance with ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970. The depart-
ment may, upon request at any time, inspect and audit the books and records, including but not
limited to financial records, of the agency. An audit or inspection under this subsection shall be at
the expense of the department.
(5) Failure to permit an inspection, whether of the premises or of the books and records of the
child-caring agency, or failure to provide the financial statements, as required by this section is
grounds for the immediate suspension or revocation of a license, certificate or authorization under
ORS 418.240 and for the denial of issuance of a license, certificate or other authorization by the
Department of Human Services.
(6) The Department of Human Services may advise the operators, owners and employees of
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child-caring agencies subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 in
regard to approved methods of child care, recommended housing and equipment and appropriate
methods to maintain adequate records of operations.
(7) In addition to advice provided under subsection (6) of this section, the Department of Human
Services shall provide training regarding appropriate ethnic hair and skin care for children of
African-American, Hispanic, Native American, Asian-American or multiracial descent to:
(a) Child-caring agencies;
(b) Persons providing treatment, care or services under the supervision of a child-caring agency;
and
(c) Prospective adoptive parents of a child in foster care.
(8) The Department of Human Services shall adopt rules to implement the provisions of this
section.
SECTION 30.
ORS 418.256 is amended to read:
418.256. (1) A child-caring [ agency] agency’s managers may not [ interfere with ] attempt to
prevent the good faith disclosure of information by an employee or volunteer concerning the abuse
[or mistreatment] of a child in the care of the child-caring agency, violations of licensing or certi-
fication requirements, criminal activity at the child-caring agency, violations of state or federal laws
or any practice that threatens the health and safety of a child in the care of the child-caring agency
to:
(a) The Department of Human Services, a law enforcement agency or other entity with legal or
regulatory authority over the child-caring agency; or
(b) A family member, guardian or other person who is acting on behalf of the child.
(2) A child-caring [agency interferes with ] agency’s managers attempt to prevent the disclo-
sure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement
prohibiting the employee or volunteer from disclosing the information;
(b) Training [ an] the employee or volunteer not to disclose the information; [ or]
(c) Taking actions or communicating to the employee or volunteer that the employee or volun-
teer may not disclose the information ; or
(d) Taking any other action with the intent to dissuade the employee or volunteer from
making a good faith disclosure of the information .
(3) The department may revoke or suspend the license, certification or authorization of a child-
caring agency that is found to have violated subsection (1) of this section.
(4) The department shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of:
(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the
federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts
160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of
health information; or
(b) Information protected under ORS 419A.255 and 419A.257.
SECTION 31.
ORS 418.258 is amended to read:
418.258. (1) When the Department of Human Services [ becomes aware of a report of suspected
child abuse of a child in care, whether in the form of an allegation, complaint or formal report made
under this section, and whether made directly to the Director of Human Services, the department or
an employee of the department, to the centralized child abuse reporting system described in ORS
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418.190, through the mandatory abuse reporting process set forth in ORS 419B.005 to 419B.050 or
otherwise] receives, through the centralized child abuse reporting system described in ORS
418.190, a report of abuse of a child in care by an employee, operator, contractor, agent or
volunteer of a child-caring agency, developmental disabilities residential facility, adjudicated
youth foster home, certified foster home or proctor foster home or any other person re-
sponsible for the provision of care or services to a child in care , the department shall imme-
diately:
(a) Notify appropriate personnel within the department or the Oregon Youth Authority , in-
cluding but not limited to employees responsible for licensing, certifying or authorizing child-caring
agencies, adjudicated youth foster homes, certified foster homes and developmental disabilities
residential facilities.
(b) Notify any governmental agency that has a contract with the child-caring agency, adjudi-
cated youth foster home, certified foster home or developmental disabilities residential facility to
provide care or services to the child in care.
(c) Notify the placement authorities of any other state that retains jurisdiction over a child in
care receiving care or services from the child-caring agency, adjudicated youth foster home, cer-
tified foster home or developmental disabilities residential facility.
(d) Commence an investigation to determine whether the report of suspected abuse is substan-
tiated, unsubstantiated or inconclusive under ORS 418.259 if:
(A) The reported abuse occurred in this state;
(B) The reported abuse occurred in any other state and involves a child in care placed by the
department in an out-of-state child-caring agency; or
(C) The reported abuse occurred in any other state and the department reasonably believes that
the reported abuse poses a danger to the health, safety or wellness of a child in care placed by the
department in an out-of-state child-caring agency.
(e) Report to a law enforcement agency any crime that the department has reason to believe
has occurred with respect to a child in care or at a child-caring agency, proctor foster home, ad-
judicated youth foster home, certified foster home or developmental disabilities residential facility
even if the suspected crime is not related to a report of abuse made under this section.
(2)(a) As a condition for issuance or renewal of a license, certificate or authorization to a
child-caring agency, adjudicated youth foster home, certified foster home or developmental disa-
bilities residential facility, the department or the Oregon Youth Authority shall require and verify
that the child-caring agency, adjudicated youth foster home, certified foster home or develop-
mental disabilities residential facility has procedures and protocols that:
(A) Require employees of the child-caring agency, a proctor foster home certified by the child-
caring agency, the adjudicated youth foster home, the certified foster home or the developmental
disabilities residential facility to immediately report suspected abuse of a child in care to the [ di-
rector, the director’s designee or personnel within the department who have been specifically designated
to receive reports of abuse of children in care ] centralized child abuse reporting system described
in ORS 418.190;
(B) Mandate that the child-caring agency, adjudicated youth foster home, certified foster
home or developmental disabilities residential facility provide an annual training and written mate-
rials that include information about the centralized child abuse reporting system described in ORS
418.190, and that the agency, home or facility advise and educate employees of the child-caring
agency and any proctor foster home certified by the child-caring agency, of the certified foster home
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or of the developmental disabilities residential facility of the duty under this section and ORS
419B.005 to 419B.050 to report abuse of a child in care; and
(C) Inform employees of child-caring agencies, proctor foster homes, adjudicated youth foster
homes, certified foster homes and developmental disabilities residential facilities that the duty to
report abuse of a child in care is personal to the employee and that the duty is not fulfilled by re-
porting the abuse to the owner, operator or any other employee of the child-caring agency, proctor
foster home, adjudicated youth foster home, certified foster home or developmental disabilities
residential facility even if the owner, operator or other employee reports the abuse of a child in care
to the director, the director’s designee or the department.
(b) A child-caring agency, adjudicated youth foster home, certified foster home or develop-
mental disabilities residential facility need not develop and maintain procedures and protocols or
provide an annual training and written materials under paragraph (a) of this subsection if the
agency, home or facility does not have any employees, staff or volunteers.
(3) Interference or hindering an investigation of abuse of a child in care, including but not lim-
ited to the intimidation of witnesses, falsification of records or denial or limitation of interviews
with the child in care who is the subject of the investigation or with witnesses, may constitute
grounds for the revocation, suspension or placing of conditions on the license, certificate or other
authorization of a child-caring agency, proctor foster home, adjudicated youth foster home, certi-
fied foster home or developmental disabilities residential facility.
(4)(a) Anyone, including but not limited to an employee of a child-caring agency, proctor foster
home, adjudicated youth foster home, certified foster home or developmental disabilities residen-
tial facility, who makes a report of suspected abuse of a child in care [ to the Governor, the Depart-
ment of Justice, the Director of Human Services, the director’s designee or the department ] under this
section to the centralized child abuse reporting system described in ORS 418.190 in good faith
and who has reasonable grounds for the making of the report shall have immunity:
(A) From any liability, civil or criminal, that might otherwise be incurred or imposed with re-
spect to the making or content of such report;
(B) From disciplinary action taken by the person’s employer; and
(C) With respect to participating in any judicial proceeding resulting from or involving the re-
port.
(b) A person making a report under this section may include references to otherwise confidential
information for the sole purpose of making the report, and any such disclosure must be protected
from further disclosure to other persons or entities for any other purpose not related to the making
of the report.
SECTION 32.
ORS 418.259 is amended to read:
418.259. (1) The investigation conducted by the Department of Human Services under ORS
418.258 must result in one of the following findings:
(a) That the report is substantiated. A report is substantiated when there is reasonable cause
to believe that the abuse of a child in care occurred.
(b) That the report is unsubstantiated. A report is unsubstantiated when there is no evidence
that the abuse of a child in care occurred.
(c) That the report is inconclusive. A report is inconclusive when there is some indication that
the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to
believe that the abuse occurred.
(2) When a report is received under ORS 418.258 alleging that a child in care may have been
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subjected to abuse, the department shall notify the case managers for the child, the attorney for the
child, the child’s court appointed special advocate, the parents or guardians of the child, any attor-
ney representing a parent or guardian of the child and any governmental agency that has a contract
with the child-caring agency or developmental disabilities residential facility to provide care or
services to the child that a report has been received.
(3)(a) The department may interview the child in care who is the subject of suspected abuse and
any witnesses, including other children, without the presence of employees of the child-caring
agency, proctor foster home or developmental disabilities residential facility, the provider of services
at a certified foster home or adjudicated youth foster home or department personnel. The de-
partment shall inform the child in care that the child may have the child’s parent or guardian, if the
child has not been committed to the custody of the department or the Oregon Youth Authority, or
attorney present when participating in an interview conducted in the course of an abuse investi-
gation.
(b) When investigating an allegation of [ inappropriate use of restraint or involuntary seclusion ]
wrongful restraint or wrongful seclusion, as those terms are described in section 1 of this
2025 Act, the department shall:
(A) Conduct the interviews described in paragraph (a) of this subsection;
(B) Review all relevant incident reports related to the child in care and other reports related
to the restraint or involuntary seclusion of the child in care;
(C) Review any audio, video or photographic recordings of the restraint or involuntary seclusion,
including the circumstances immediately before and following the incident;
(D) During an interview with the child in care who is the subject of the suspected abuse, ask
the child about whether they experienced any reportable injury or pain as a result of the restraint
or involuntary seclusion;
(E) Review the training records related to all of the individuals who were involved in the use
of restraint or involuntary seclusion; and
(F) Make all reasonable efforts to conduct trauma-informed interviews of each child witness,
including the child in care who is the subject of suspected abuse unless the investigator makes a
specific determination that the interview may significantly traumatize the child and is not in the
best interests of the child.
(4) The department shall notify the following when a report of abuse is substantiated:
(a) The Director of Human Services.
(b) Personnel in the department responsible for the licensing, certificate or authorization of
child-caring agencies.
(c) The department’s lead personnel in that part of the department that is responsible for child
welfare generally.
(d) With respect to the child in care who is the subject of the abuse report and investigation,
the case managers for the child, the attorney for the child, the child’s court appointed special ad-
vocate, the parents or guardians of the child, any attorney representing a parent or guardian of the
child and any governmental agency that has a contract with the child-caring agency to provide care
or services to the child.
(e) The parents or guardians of the child in care who is the subject of the abuse report and in-
vestigation if the child in care has not been committed to the custody of the department or the
youth authority. Notification under this paragraph may not include any details or information other
than that a report of abuse has been substantiated.
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(f) Any governmental agency that has a contract with the child-caring agency to provide care
or services to a child in care.
(g) The local citizen review board established by the Judicial Department under ORS 419A.090.
(5) The department shall report on a quarterly basis to the interim legislative committees on
child welfare for the purposes of public review and oversight of the quality and safety of child-caring
agencies, adjudicated youth foster homes, certified foster homes and developmental disabilities
residential facilities that are licensed, certified or authorized by the department in this state and
of proctor foster homes that are certified by the child-caring agencies. Information provided in re-
ports under this subsection may not contain the name or any identifying information of a child in
care but must contain all of the following:
(a) [ The name of any child-caring agency, including an out-of-state child-caring agency, proctor
foster home or developmental disabilities residential facility, or, provided there are five or more certi-
fied foster homes in the county, the name of the county where a certified foster home is located, where
the] If the department conducted an investigation pursuant to ORS 418.258 that resulted in a finding
during that quarter that the report of abuse was substantiated [ during that quarter ] or an inves-
tigation under ORS 419B.019 that resulted in a finding during that quarter that the report
of wrongful restraint or wrongful seclusion was founded:
(A) The name of any child-caring agency, including an out-of-state child-caring agency,
proctor foster home or developmental disabilities residential facility where the investigation
was conducted;
(B) The name of the county in which a certified foster home is located if the investigation
involved the certified foster home and there are five or more certified foster homes in the
county; or
(C) The name of the county in which an adjudicated youth foster home is located if the
investigation involved the adjudicated youth foster home and there are five or more adjudi-
cated youth foster homes in the county;
(b) The approximate date that the abuse occurred;
(c) The nature of the abuse and a brief narrative description of the abuse that occurred;
(d) [Whether the abuse resulted in a reportable injury, sexual abuse or death ] Whether the abuse
resulted in the death of a child in care, as described in ORS 418.240 (2)(c);
(e) Whether sexual or physical abuse or neglect was known to the agency’s managers and
the agency’s managers failed to make a reasonable effort to protect the child in care from
abuse;
[(e)] (f) Corrective actions taken or ordered by the department and the outcome of the corrective
actions; and
[(f)] (g) Information the department received in that quarter regarding any substantiated
allegations of child abuse made by any other state involving a congregate care residential setting,
as defined in ORS 418.322, in which the department has placed Oregon children.
(6) The department’s quarterly report under subsection (5) of this section must also contain all
of the following:
(a) The total number of restraints used in programs that quarter;
(b) The total number of programs that reported the use of restraints of children in care that
quarter;
(c) The total number of individual children in care who were placed in restraints by programs
that quarter;
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(d) The number of reportable injuries to children in care that resulted from those restraints;
(e) The number of incidents in which an individual who was not appropriately trained in the use
of the restraint used on a child in care in a program; and
(f) The number of incidents that were reported for potential inappropriate use of restraint.
(7) In compiling records, reports and other information during an investigation under ORS
418.258 (1) and in issuing findings, letters of concern or reprimands, the Director of Human Services
or the director’s designee and the department may not refer to the employee, person or entity that
is the subject of the investigation as an “alleged perpetrator” but must refer to the employee, person
or entity as the “respondent.”
(8) As used in this section, “program,” “reportable injury” and “restraint” have the meanings
given those terms in ORS 418.519.
SECTION 33.
ORS 418.260 is amended to read:
418.260. (1) If the Department of Human Services receives a report or otherwise becomes aware
that any suspected or founded abuses, deficiencies, violations or failures to comply with the full
compliance requirements described in ORS 418.240 are occurring in a child-caring agency, whether
as a part of the inspections undertaken pursuant to ORS 418.255 or otherwise, the department shall
immediately notify appropriate personnel within the department, including but not limited to em-
ployees responsible for licensing, certifying or authorizing child-caring agencies, who shall [ investi-
gate and] assess the circumstances and take appropriate action without undue delay, with primary
concern given to the health, safety and welfare of the children for whom the child-caring agency is
responsible. The department may notify law enforcement agencies as necessary to coordinate and
assist in the [ investigation] assessment and enforcement of corrective actions undertaken by the
department. If the child-caring agency is known or found to serve children also served by the
Oregon Youth Authority, county juvenile departments or developmental disabilities services within
the department, the department shall notify those entities of the report or suspected or founded
abuses, deficiencies, violations or failures.
(2) If the department finds[ , after investigation by the department or law enforcement agencies, ]
that the abuses, deficiencies, violations or failures to comply [ are founded ] occurred, the department
may suspend, revoke or place conditions on the license, certificate or other authorization of the
child-caring agency. The conditions placed on a license, certificate or authorization may include, but
are not limited to, placing full or partial restrictions on admission of children, temporary suspension,
limitation of operations subject to an intent to revoke or limitation of operations subject to cor-
rection of violations as specified in a plan of correction. If the department imposes a plan of cor-
rection, and the corrections are not made within 45 days from the effective date of the plan of
correction, the department may immediately suspend or revoke the license, certificate or authori-
zation of the child-caring agency. The department shall immediately notify any governmental agency
that has a contract with the child-caring agency to provide care or services to a child of any sus-
pension or revocation of, or conditions placed on, the license, certificate or other authorization of
the child-caring agency.
(3) If the department determines at any time [ during or after an investigation that the abuses,
deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the
public, or place a child at risk with respect to the child’s health, safety or welfare, ] that the abuses,
deficiencies, violations or failures to comply seriously endanger the health, safety or welfare
of any child or the public, or threaten to do so, the department may immediately suspend or re-
voke the child-caring agency’s license, certificate or authorization, subject to the provisions of ORS
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chapter 183. The department shall immediately notify any governmental agency that has a contract
with the child-caring agency to provide care or services to a child of any suspension or revocation
of the license, certificate or other authorization of the child-caring agency under this subsection and
of any conditions placed on the child-caring agency’s license, certificate or authorization pursuant
to ORS 418.240. The department shall immediately report the alleged deficiencies or violations to the
governmental agency and the governing board responsible for the oversight of the child-caring
agency.
(4) If the department determines that the abuses, deficiencies, violations or failures to comply
[are founded ] occurred and the department imposes a plan of correction that the child-caring agency
does not comply with in the time allotted for correction, the department shall immediately notify the
following of the failure of the child-caring agency to comply with the plan of correction:
(a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to
child welfare.
(b) Members of the governing board responsible for the child-caring agency.
(c) Any governmental agency that has a contract with the child-caring agency to provide care
or services to a child.
(5)(a) Any employee of the department that has reasonable cause to believe that a child-caring
agency has [ committed an abuse or ] incurred a deficiency or violation, or that grounds for immediate
suspension or revocation of a license, certificate or authorization exist under ORS 418.240, and that
such [ abuse,] deficiency, violation or grounds is or threatens a danger to any child at the child-
caring agency or to the public, or places a child at risk with respect to the child’s health, safety
or welfare, is required to immediately inform the [ Director of Human Services, the director’s designee
or such other personnel in the department designated to receive such information ] department em-
ployees who are responsible for licensing, certifying or authorizing child-caring agencies .
Upon receipt of an employee report under this subsection, the director and department personnel
shall immediately [ commence an investigation and ] take all reasonably prudent and necessary actions
to ensure the health, safety and welfare of children at the child-caring agency. [Failure to commence
an investigation and take actions as required by this subsection constitutes official misconduct in the
second degree under ORS 162.405. ] Intentional violation of the requirements of this subsection
constitutes official misconduct in the second degree under ORS 162.405.
(b) An employee’s duty to report under this subsection is in addition to, and not in lieu
of, the employee’s duty to report suspected abuse under ORS 419B.010.
SECTION 34.
ORS 418.327 is amended to read:
418.327. (1) Upon finding that the facilities and operation of a private residential boarding school
meet the standards of the Department of Human Services for the physical health, care and safety
of the children, the department shall issue a license to operate the school. The license shall be valid
for a period of two years, unless sooner suspended or revoked by the department pursuant to the
provisions of ORS 418.240. However, the department at any time may require amendments to an
existing license to accommodate changes in the factors upon which the issuance was based.
(2) The department may not charge a fee for inspections leading to decisions regarding, and is-
suance of, licenses under this section, but may charge fees to cover costs of inspections done by
other governmental agencies for the department.
(3) The department may place conditions on any license issued under this section in accordance
with the provisions of ORS 418.240, including but not limited to placing full or partial restrictions
on admission of children, temporary suspension, limitation of operations subject to an intent to re-
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voke and limitation of operations subject to correction of violations as specified in a plan of cor-
rection imposed by the department.
(4) No person or organization shall operate a private residential boarding school without having
a current, valid license issued by the department.
(5) Any person, including the Director of Human Services, may file a complaint with the de-
partment alleging that children attending a private residential boarding school, or that children
within the control of any other organization that provides boarding or residential programs, are not
receiving shelter, food, guidance, training or education necessary to the health, safety, welfare or
social growth of the children or necessary to serve the best interests of society.
(6) The department shall immediately investigate complaints made under subsection (5) of this
section in the manner provided under ORS 418.205 to 418.327.
(7) The Superintendent of Public Instruction shall cooperate with the department upon request
by advising the department as to whether or not the educational program conducted at the private
residential boarding school meets minimum standards required of public educational institutions.
(8) Nothing in this section applies to public or private institutions of higher education, commu-
nity colleges, common or union high school districts that provide board and room in lieu of trans-
portation or any other child-caring program already subject to state licensing procedures by any
agency of this state.
(9) As used in this section, “private residential boarding school” means:
(a) A private school providing residential care in combination with academic therapeutic
care, including but not limited to treatment for emotional, behavioral or mental health dis-
turbances; or
(b) A private school providing residential care that is primarily engaged in educational
work.
SECTION 35.
ORS 418.995 is amended to read:
418.995. In imposing a penalty pursuant to ORS 418.992, the Director of Human Services shall
consider the following factors:
(1) The past history of the child-caring agency incurring a penalty in taking all feasible steps
or procedures necessary or appropriate to correct any violation.
(2) Any prior violations of statutes or rules pertaining to child-caring agencies.
(3) The economic and financial conditions of the child-caring agency incurring the penalty.
(4) The immediacy and extent to which the violation [threatens or places at risk the health, safety
and well-being of the children ] seriously endangers the health, safety or welfare of a child or
the public, or threatens to do so .
OUT-OF-STATE PLACEMENTS OF CHILDREN
SECTION 36.
ORS 418.321 is amended to read:
418.321. (1) Except as provided in subsection (7) of this section and subject to ORS 418.322,
the Department of Human Services may place a child in an out-of-state child-caring agency only if:
(a) The out-of-state child-caring agency is licensed by the department under ORS 418.240 to
provide or engage in the provision of care or services [ by the department ] under ORS 418.205 to
418.327 and complies with the licensing requirements under ORS 418.215 and 418.240;
(b) The department has a current contract with the child-caring agency; and
(c) The department’s contract with the child-caring agency meets the criteria under subsection
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(3) of this section.
(2)(a) The department shall license an out-of-state child-caring agency pursuant to the same
licensure requirements the department would impose if the out-of-state child-caring agency was lo-
cated in this state.
(b) Notwithstanding paragraph (b) of Article V of the Interstate Compact on the Placement of
Children and ORS 417.230, the department may not delegate the department’s licensing, visitation,
inspection, investigation or supervision of an out-of-state child-caring agency licensed by the de-
partment to provide care or services to an Oregon child unless the out-of-state child-caring
agency is an adoption agency or foster care agency, or a provider of similar services, utilized
for the purpose of placements in compliance with paragraph (b) of Article V of the Interstate
Compact on the Placement of Children and ORS 417.230 .
(3)(a) The department shall review the department’s contract with an out-of-state child-caring
agency prior to placing a child with the child-caring agency.
(b) The contract must, at a minimum, meet the following criteria:
(A) At the time the contract is executed, the child-caring agency must provide the department
with a current list of every entity for which the child-caring agency is providing placement services.
(B) No later than 15 days after accepting placement of a child from a new entity, the child-
caring agency must notify the department in writing of the child-caring agency’s association with
the new entity. The notice must include the name and contact information of the new entity and the
name and contact information of an individual associated with the new entity.
(C) The child-caring agency must make mandatory reports of child abuse, as defined in ORS
418.257 and 419B.005, involving Oregon children both to the centralized child abuse reporting system
described in ORS 418.190 and as required under the laws of the state in which the child-caring
agency is located.
(D) The child-caring agency must allow the department full access to the child-caring agency’s
facilities, residents, records and personnel as necessary for the department to conduct child abuse
investigations and licensing activities or investigations.
(E) The child-caring agency must notify the department in writing no later than three business
days after any state determines that an allegation of child abuse or a license violation involving the
child-caring agency is founded, regardless of whether the child abuse or violation involves an
Oregon child.
(F) The child-caring agency must notify the department in writing no later than three business
days after the child-caring agency receives notice from any other state imposing a restriction on
placement of children with the child-caring agency, suspending or revoking the child-caring agency’s
license with that state or indicating the state’s intent to suspend or revoke the child-caring agency’s
license with that state.
(G) The child-caring agency must notify the department immediately, verbally and in writing:
(i) Any time a child from any state who is in the care of the child-caring agency dies, is sexually
assaulted or suffers serious physical injury; or
(ii) When the child-caring agency becomes aware of any criminal investigation, arrest or crimi-
nal charges involving an agency staff member if the alleged offense involved a child or could have
reasonably posed a risk to the health, safety or welfare of a child.
(H) Except with respect to protected information described in ORS 418.256 (5), the child-caring
agency may not ask or require an employee or volunteer to sign a nondisclosure or other agreement
prohibiting the employee or volunteer from the good faith disclosure of information concerning the
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abuse or mistreatment of a child who is in the care of the child-caring agency, violations of licensing
or certification requirements, criminal activity at the child-caring agency, violations of state or
federal laws or any practice that threatens the health and safety of a child in the care of the
child-caring agency.
(I) The child-caring agency must ensure staffing ratio and staff training and education require-
ments that meet, at a minimum, the standards set by the department by rule for intensive behavioral
support services.
(J) The child-caring agency must meet all of the program, discipline, behavior support, super-
vision and child rights requirements adopted by the department by rule for behavioral rehabilitation
services provided in this state.
(K) The child-caring agency may not practice conversion therapy, as defined in ORS 675.850.
(L) The child-caring agency must identify a child by the child’s preferred name and pronouns
and may not implement a dress code that prohibits or requires clothing on the basis of biological
sex.
(M) Genetic testing, including testing for psychopharmacological purposes, must be approved by
a court and may not be included as a standing order for a child in care.
(N) Neither the child-caring agency nor its contractors or volunteers may use chemical or me-
chanical restraints on a child, including during secure transport.
(O) The child-caring agency must ensure that the use of any psychotropic medications for a child
placed with the child-caring agency by the department is in compliance with ORS 418.517 and any
rules regarding psychotropic medications adopted by the department.
(4) The department shall develop rules outlining a process for review of the out-of-state place-
ment of a child who is identified as a child with an intellectual or developmental disability or who
is suspected of having an intellectual or developmental disability. At a minimum, the rules must:
(a) Identify a process for expediting review of the child’s eligibility for developmental disability
services.
(b) Require that a multidisciplinary review team, including administrators in the developmental
disability services program, review the placement before the child is placed out-of-state.
(c) Require that a multidisciplinary team, including administrators in the developmental disa-
bility services program, monitor the progress of the child in the out-of-state placement.
(d) Require that contracts for placement of the child ensure that the child has the same rights
and protections that the child would have if the child was placed in this state.
(5)(a) A department child welfare services employee must accompany a child who is placed in
an out-of-state child-caring agency any time the child is transported to an initial out-of-state place-
ment, any time the child is moved to a new placement and any time the child is moved by secure
transport.
(b) Notwithstanding paragraph (a) of this subsection, if a child placed in an out-of-state child-
caring agency requires secure transport from the out-of-state placement due to an emergency, a de-
partment child welfare services employee is not required to accompany the child if the time it would
take for the employee to travel to the child’s out-of-state location would pose a risk to the health,
safety or welfare of the child. If a department child welfare services employee does not accompany
a child transported to an alternate out-of-state placement, as provided in this paragraph, the child
welfare services employee must immediately travel to meet the child at the new out-of-state facility.
(6)(a) As used in this subsection, “juvenile offender” means a person under 18 years of age who
has or is alleged to have committed an act that is a violation, or, if done by an adult, would con-
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stitute a violation, of a law or ordinance of the United States or a county or city in this state.
(b) Except as provided in paragraph (c) of this subsection, the department may not place a child
in an out-of-state child-caring agency if the child-caring agency provides care to juvenile offenders.
(c) The department may place a child in an out-of-state child-caring agency that provides care
to juvenile offenders if:
(A) The child-caring agency is a qualified residential treatment program licensed by the de-
partment;
(B) The child-caring agency maintains site-specific accreditation from a nationally recognized
organization;
(C) The child being placed is a juvenile offender; and
(D) Prior to the hearing to approve the placement, the court and all parties to the dependency
case have been informed of the nature of the services offered by the program and of the population
served by the program, and the court, having considered the nature of the services and composition
of the facility population and the report of the qualified individual, has found that placement in the
facility is the least restrictive setting available to appropriately meet the child’s treatment needs.
(7)(a) Notwithstanding ORS 418.322, the department may place a child in an out-of-state
placement without requiring the placement to be licensed or under contract, as described in
subsection (1) of this section, or a qualified residential treatment program as described in
ORS 418.323 if:
(A)(i) The child requires specialized services and treatment and no suitable child-caring
agency placements are available in this state; and
(ii) The services and treatment are authorized by the responsible Medicaid entity for
coverage by Medicaid;
(B) The out-of-state placement is requested by the child’s tribe or is a youth regional
treatment center funded by the Indian Health Service;
(C)(i) The placement is an out-of-state child-caring agency;
(ii) The child resides in a placement subject to the Interstate Compact on the Placement
of Children that is located in the same state as or a neighboring state to the child-caring
agency; and
(iii) The child-caring agency provides the types of inpatient treatment, medical care or
services that the child requires, consistent with rules adopted by the Oregon Health Au-
thority for the administration of the authority’s program providing benefits for children and
young adults with special health needs;
(D) The out-of-state placement is approved by an adoption agency or foster care agency,
or provider of similar services, in the state of placement and the adoption agency or foster
care agency provides licensing services in compliance with paragraph (b) of Article V of the
Interstate Compact on the Placement of Children and ORS 417.230; or
(E)(i) The nearest medically necessary and appropriate services or treatment to the
child’s community is in a neighboring state;
(ii) Accessing services or treatment out of state maintains the child’s connection to the
child’s community; and
(iii) The services or treatment are consistent with rules adopted by the Oregon Health
Authority for the administration of the authority’s program providing benefits for children
and young adults with special health needs.
(b) The out-of-state placement of a child under this subsection is not subject to sub-
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section (4), (5) or (6) of this section or court approval under ORS 419B.351.
(c) The department may not place a child in an out-of-state placement under this sub-
section unless the department has verified that the placement is in good standing with the
licensing authority in the state in which the placement will provide services or treatment to
the child.
(d) When the department places a child in an out-of-state placement under this sub-
section, the department shall provide written notice of the placement to the office of the
Governor and the System of Care Advisory Council within seven days following the date of
placement.
(e) All approvals of the exceptions in this subsection must be made by the director of the
division of the department that administers the state child welfare program or the director’s
designee. In addition, the exceptions under paragraph (a)(A), (C) and (E) of this subsection
must also be approved by the director of the division of the authority that administers the
state medical assistance program or the director’s designee.
(f) The department and the Oregon Health Authority shall collaborate to establish rules
for the approval process under paragraph (e) of this subsection.
(g) The authority shall establish, under contract with coordinated care entities, basic
standards for quality assurance and oversight prior to and during the child’s medically nec-
essary and appropriate treatments and services for out-of-state providers under this section.
(8) As used in this section, “out-of-state child-caring agency” means a provider of
children’s care or services in a state other than Oregon that would be required under ORS
418.215 to be licensed, certified or otherwise authorized by the Department of Human Ser-
vices under ORS 418.240 if the provider provided the care or services in this state.
SECTION 37.
ORS 418.322 is amended to read:
418.322. (1) As used in this section:
(a) “Congregate care residential setting” means any setting that cares for more than one child
or ward and is not a setting described in [ ORS 418.205 (2)(c)(A), (D), (E) or (F) or (10) ] ORS 418.205
(8) or 418.215 (2)(a), (c), (d), (e), (f) or (g) .
(b) “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, pa-
tronizing or soliciting of a person under 18 years of age for the purpose of a commercial sex act,
as defined in ORS 163.266, or the recruitment, harboring, transportation, provision or obtaining of
a person over 18 years of age using force, fraud or coercion for the purpose of a commercial sex
act, as defined in ORS 163.266.
(2) The Department of Human Services may place a child or ward in a congregate care resi-
dential setting only if the setting is:
(a) A child-caring agency, as defined in ORS 418.205, a hospital, as defined in ORS 442.015, or
a rural hospital, as defined in ORS 442.470; and
(b) A qualified residential treatment program described in ORS 418.323.
(3) Notwithstanding subsection (2) of this section, the department may place a child or ward in
a child-caring agency that is not a qualified residential treatment program if:
(a) The child-caring agency is providing prenatal, postpartum or parenting supports to the child
or ward.
(b) The child or ward is placed in an independent residence facility described in ORS 418.475
that is licensed by the department as a child-caring agency.
(c) The child or ward is, or is at risk of becoming, a victim of sex trafficking and the child-caring
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agency is providing high-quality residential care and supportive services to the child or ward.
(d) The Oregon Health Authority has approved the placement as medically necessary and the
child-caring agency:
(A) Is a residential care facility;
(B) Is licensed by the authority and maintains site-specific accreditation from a nationally re-
cognized organization to provide psychiatric treatment to children; and
(C) Has an active provider agreement with the Oregon Medicaid program.
(e) The child-caring agency is an adolescent residential drug and alcohol treatment program li-
censed or certified by the State of Oregon to provide residential care, and the court has approved,
or approval is pending for, the placement in the child-caring agency of each child or ward over
whom the department retains jurisdiction.
(f) The placement with the child-caring agency is for the purpose of placing the child or ward
in a proctor foster home.
(g) The child-caring agency is a residential care facility licensed by the department that provides
short-term assessment and stabilization services.
(h) The child-caring agency is a shelter-care home, as defined in ORS 418.470, that provides
short-term assessment and stabilization services.
(i) The child-caring agency is a homeless, runaway or transitional living shelter licensed by the
department that provides short-term assessment and stabilization services.
(j) The ward is 18 years of age or older and the child-caring agency is a residential treatment
facility or a residential home licensed or certified by the department or the Oregon Health Author-
ity.
(k) The responsible Medicaid entity has approved the placement as medically necessary.
(4) Notwithstanding subsection (2) or (3) of this section, the department may place a child
or ward in a congregate care residential setting that is not a child-caring agency or qualified
residential treatment program if the responsible Medicaid entity has determined that treat-
ment in an adult setting licensed by the department or authority is medically necessary and
appropriate.
[(4)](5)(a) The department may not place a child or ward in a residential care facility or
shelter-care home described in subsection (3)(g) or (h) of this section:
[(a)] (A) For more than 60 consecutive days or 90 cumulative days in a 12-month period , unless
the limits for the duration of the placement are extended as provided in paragraph (b) of this
subsection; or
[(b)] (B) If the residential care facility or shelter-care home also serves youths or adjudicated
youths served by the county juvenile department or adjudicated youths committed to the custody
of the Oregon Youth Authority by the court.
(b) The department, by rule, may extend the limits for the duration of placement of a
child or ward under paragraph (a) of this subsection:
(A) As requested by the child or ward; or
(B) By up to 30 consecutive or 30 cumulative days in a 12-month period if the department
determines that the extension is in the best interest of the child or ward.
[(5)] (6) The department may not place a child or ward in a homeless, runaway or transitional
living shelter described in subsection (3)(i) of this section for more than 60 consecutive or 90 cu-
mulative days in any 12-month period.
[(6)] (7) Calculations of the number of days a child or ward is placed in a shelter-care home
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under subsection (3)(h) of this section or a homeless, runaway or transitional living shelter under
subsection (3)(i) of this section exclude the days the child or ward is in the shelter-care home or
shelter if the child or ward:
(a) Accessed the shelter-care home or shelter without the support or direction of the department;
and
(b) Is homeless or a runaway, as defined by the department by rule.
[(7)(a)] (8)(a) Nothing in this section prohibits the Oregon Youth Authority from placing an ad-
judicated youth committed to its custody in a placement that is not a qualified residential treatment
program.
(b) Nothing in this section prohibits the Oregon Youth Authority or a county juvenile depart-
ment from placing an adjudicated youth or a youth served by the Oregon Youth Authority or the
county juvenile department in shelter care or detention under ORS chapter 419C.
(9) The Department of Human Services and the Oregon Health Authority shall submit
quarterly narrative reports to the System of Care Advisory Council describing the circum-
stances that justify the placements in the previous quarter of any children or wards in
child-caring agencies that are not qualified residential treatment programs, as permitted
under subsection (3)(k) of this section, and any placement extensions authorized under sub-
section (5)(b) of this section.
(10)(a) All approvals of the exceptions described in subsections (3)(k) and (5)(b) of this
section must be made by the director of the division of the department that administers the
state child welfare program or the director’s designee. In addition, the exceptions under
subsection (3)(k) must also be approved by the director of the division of the authority that
administers the state medical assistance program or the director’s designee.
(b) The department and the authority shall collaborate to establish rules for the approval
process under this subsection.
SECTION 38.
ORS 418.500 is amended to read:
418.500. Subject to ORS 418.322, if the Department of Human Services determines that need ex-
ists for care and treatment of a child who is eligible for such care and treatment that is not avail-
able through any public or private agency or facility in this state, it may enter into an agreement
with a public or private agency outside this state for the purchase of care for the child. Except
as provided in ORS 418.322, such agreements shall contain the matter described in ORS 418.321
and 418.495 and shall apply to children described therein.
SECTION 39. ORS 419B.335 is amended to read:
419B.335. (1) The Department of Human Services shall provide the following information [ re-
garding out-of-state placements of children and wards on a website maintained by the department and
updated monthly ] on a quarterly basis to the System of Care Advisory Council regarding
placements of children or wards in out-of-state facilities :
[(1) The name of each out-of-state facility in which children or wards placed by the department are
currently receiving services; ]
[(2)] (a) The [ city and ] state in which each facility is located;
[(3)] (b) The name of any parent organization for each facility;
[(4)] (c) The name of each facility’s accreditation agency;
[(5)] (d) The total number of children or wards placed by the department [ currently receiving
services from ] in each facility;
[(6) The total number of children or wards currently receiving services from each facility; ]
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[(7)] (e) The daily rate charged by each facility for each child or ward; and
[(8) The name of the face-to-face contracting agency, including the city and state in which it is lo-
cated;]
[(9) Whether each facility provides services to adjudicated youths or the resident state’s equivalent
of adjudicated youths; ]
[(10) Demographic information about all children or wards the department currently has placed in
out-of-state facilities, including but not limited to age, gender or gender identity, race, ethnicity, tribal
status and, if disclosed by the child or ward, sexual orientation; ]
[(11) The number of children or wards the department currently has placed in out-of-state facilities
who have autism, intellectual disabilities or developmental disabilities; and ]
[(12) Aggregate travel costs for the department to support out-of-state placements during the previ-
ous month.]
(f) A brief narrative description of the circumstances in which an out-of-state placement
was determined to be in the best interests of a child or ward.
(2) Information provided in reports under this section may not contain any identifying
information of a child or ward, including the name of the child or ward.
OLDER CHILDREN IN CARE
SECTION 40.
ORS 418.475 is amended to read:
418.475. (1) Within the limit of moneys appropriated therefor, the Department of Human Services
may establish, license, certify or authorize independent residence facilities for unmarried persons
who:
(a)(A) Are at least 16 years of age and not older than 20 years of age;
(B) Have been placed in at least one substitute care resource;
(C) Have been determined by the department to possess the skills and level of responsibility
required for the transition to adulthood;
(D) Have received permission from the appropriate juvenile court, if they are wards of the court;
and
(E) Have been determined by the department to be suitable for an independent living program;
or
(b)(A) Are at least 16 years of age and not older than 24 years of age;
(B) At any time after attaining 14 years of age experienced homelessness for an aggregate of
six months;
(C) While experiencing homelessness as described in subparagraph (B) of this paragraph, re-
ceived services from an organization contracted by the department to provide services to homeless
persons or from a host home, as defined by the department by rule; and
(D) Last received the services described in subparagraph (C) of this paragraph after attaining
16 years of age.
(2) Independent residence facilities shall provide independent housing arrangements with coun-
seling services and minimal supervision available from at least one counselor.
(3) The department shall require each resident [ shall be required ] to maintain a department
approved independent living plan consisting of education, employment or volunteer activities, or a
combination thereof[ , and shall be required to pay a portion or all of the resident’s housing expenses
and other support costs. The department may approve an exception to the requirements of this sub-
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section for reasons of temporary loss of employment or of other financial support ].
(4) The department may make payment grants directly to persons enrolled in an independent
living program who, at a minimum, meet the requirements described in subsection (1)(a)(A) to (C)
or (b) of this section for food, shelter, clothing, transportation and incidental expenses. The payment
grants shall be subject to an agreement between the person and the department that establishes a
budget of expenses.
(5) The department may establish cooperative financial management agreements with a person
enrolled in an independent living program and for that purpose may enter into joint bank accounts
requiring two signatures for withdrawals. The management agreements or joint accounts may not
subject the department or any counselor involved to any liability for debts or other responsibilities
of the person.
(6) The department shall make periodic reports to the juvenile court as required by the court
regarding any ward of the court who is enrolled in an independent living program.
(7) The enrollment of a person in an independent living program in accordance with the pro-
visions of subsection (1) of this section or making payment grants under subsection (4) of this section
does not remove or limit in any way the obligation of the parent of the person to pay support as
ordered by a court under the provisions of ORS 419B.400.
SECTION 41.
ORS 418.016 is amended to read:
418.016. (1) To protect the health and safety of children who are in the custody of the Depart-
ment of Human Services and who may be placed in a foster home or adoptive home or with a rela-
tive caregiver, the department shall adopt rules pursuant to ORS 181A.195 and ORS chapter 418 to
require that criminal records checks be conducted under ORS 181A.195 on:
(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and
(b) Any other individuals over 18 years of age who will be in the household of the foster parent,
adoptive parent or relative caregiver.
(2) Rules adopted under subsection (1) of this section shall include:
(a) A requirement that persons who have been convicted of crimes listed in the rules adopted
by the Oregon Department of Administrative Services under ORS 181A.215 are disqualified from
becoming a foster parent, adoptive parent or relative caregiver; and
(b) A provision that the Department of Human Services may approve a person who has been
convicted of certain crimes listed in the rules if the person demonstrates to the department that:
(A) The person possesses the qualifications to be a foster parent or adoptive parent regardless
of having been convicted of a listed crime; or
(B) The disqualification would create emotional harm to the child for whom the person is seek-
ing to become a foster parent, adoptive parent or relative caregiver and placement of the child with
the person would be a safe placement that is in the best interests of the child.
(3) The department by rule may exempt an individual from the criminal records check
requirement under subsection (1)(b) of this section if the individual was placed in the
household by the department.
MEDICAL DECISION-MAKING BY MINORS
SECTION 42.
Parental admission of minor for inpatient treatment. (1) For purposes of
this section, “child” means an individual under 18 years of age who is unmarried and has not
otherwise been emancipated.
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(2) A parent or guardian may consent to the inpatient behavioral health treatment of a
child if:
(a) The admission decision is made by a neutral licensed health care professional whose
scope of practice includes diagnosis and treatment of behavioral health disorders, including
substance use disorders.
(b) The neutral licensed health care professional determines inpatient behavioral health
treatment is medically necessary and in the child’s best interest; and
(c) The child is regularly evaluated to determine if inpatient treatment remains neces-
sary.
(3) The Oregon Health Authority, in consultation with the Department of Human Ser-
vices, may adopt rules to implement the provisions of this section.
SECTION 43.
Prohibited refusal to treat. (1) For purposes of this section, “child” means
an individual under 18 years of age who is unmarried and has not otherwise been
emancipated.
(2) A health care professional may not, based solely on a child’s objection, refuse to
provide the child with inpatient or outpatient diagnosis or treatment of a behavioral health
disorder, including a substance use disorder, that is consented to on the child’s behalf by the
child’s parent or guardian.
SECTION 44. ORS 109.675, as amended by section 29, chapter 73, Oregon Laws 2024, is
amended to read:
109.675. (1) A minor 14 years of age or older may [ obtain] consent , without [ parental] the
knowledge or consent of the minor’s parent or guardian, to :
(a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical depend-
ency, excluding methadone maintenance, by a physician or physician associate licensed by the
Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practi-
tioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the
State Board of Licensed Social Workers, a professional counselor or marriage and family therapist
licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic
physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health
program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon
Health Authority pursuant to rule.
(b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental
or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior
analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis
interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is
within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis
interventionist.
(2) [ However, the person providing treatment shall have the parents of the minor involved before
the end of treatment unless the parents refuse or unless there are clear clinical indications to the con-
trary, which shall be documented in the treatment record. The provisions of this subsection do not ap-
ply to: ] A person providing treatment to a minor who consented to the treatment as provided
in this section shall involve the minor’s parent or legal guardian in the minor’s treatment
as soon as possible after commencing treatment, unless:
(a) The minor’s parent or guardian declines to be involved in the minor’s treatment;
(b) There are clear clinical indications that parental involvement would be contrary to
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the best interests or health of the minor, as documented in the treatment record;
(c) The provider is prohibited by federal law from disclosing information about the
minor’s diagnosis or treatment to the minor’s parent or guardian;
[(a)] (d) [ A] The minor [ who] has been sexually abused by a parent or guardian; or
[(b)] (e) [ An emancipated minor ] The minor is emancipated , whether emancipated under the
provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this section
only, emancipated by virtue of having lived apart from the [ parents or legal guardian ] minor’s
parent or guardian while being self-sustaining for a period of 90 days prior to [ obtaining] con-
senting to treatment as provided by this section.
SECTION 45.
ORS 109.680, as amended by section 30, chapter 73, Oregon Laws 2024, is
amended to read:
109.680. (1) As used in this section, “mental health care provider” means a physician or physi-
cian associate licensed by the Oregon Medical Board, psychologist licensed by the Oregon Board
of Psychology, nurse practitioner registered by the Oregon State Board of Nursing, clinical social
worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed
by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician
licensed under ORS chapter 685 or community mental health program established and operated
pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule.
(2)(a) Unless prohibited by federal law, a mental health care provider that is providing ser-
vices to a minor pursuant to ORS 109.675 may disclose relevant health information about the minor
without the minor’s consent as provided in ORS 109.675 (2) and this subsection.
(b) If the minor’s condition has deteriorated or the risk of a suicide attempt has become such
that inpatient treatment [ is] may be necessary, or if the minor’s condition requires detoxification
in a residential or acute care facility, the minor’s mental health care provider may disclose the
relevant information regarding the minor’s diagnosis and treatment to the minor’s parent or legal
guardian to the extent the mental health care provider determines the disclosure is clinically ap-
propriate and will serve the best interests of the minor’s treatment.
(c) If the mental health care provider assesses the minor to be at serious and imminent risk of
a suicide attempt but inpatient treatment is not necessary or practicable:
(A) The mental health care provider shall disclose relevant information about the minor to and
engage in safety planning with the minor’s parent, legal guardian or other individuals the provider
reasonably believes may be able to prevent or lessen the minor’s risk of a suicide attempt.
(B) The mental health care provider may disclose relevant information regarding the minor’s
treatment and diagnosis that the mental health care provider determines is necessary to further the
minor’s treatment to those organizations, including appropriate schools and social service entities,
that the mental health care provider reasonably believes will provide treatment support to the minor
to the extent the mental health care provider determines necessary.
(d) Except as provided in ORS 109.675 (2) and paragraphs (a) and (b) of this subsection, if a
mental health care provider has provided the minor with the opportunity to object to the disclosure
and the minor has not expressed an objection, the mental health care provider may disclose infor-
mation related to the minor’s treatment and diagnosis to individuals, including the minor’s parent
or legal guardian, and organizations when the information directly relates to the individual’s or
organization’s involvement in the minor’s treatment.
(3) Notwithstanding subsection (2)(c)(A) of this section, a mental health care provider is not re-
quired to disclose the minor’s treatment and diagnosis information to an individual if the mental
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health care provider:
(a) Reasonably believes the individual has abused or neglected the minor or subjected the minor
to domestic violence or may abuse or neglect the minor or subject the minor to domestic violence;
(b) Reasonably believes disclosure of the minor’s information to the individual could endanger
the minor; or
(c) Determines that it is not in the minor’s best interest to disclose the information to the indi-
vidual.
(4) Nothing in this section is intended to limit a mental health care provider’s authority to dis-
close information related to the minor with the minor’s consent.
(5) If a mental health care provider discloses a minor’s information as provided in subsection (2)
of this section in good faith, the mental health care provider is immune from civil liability for
making the disclosure without the consent of the minor.
OHSU INSTITUTE FOR YOUTH
SECTION 46.
(1) There is created the Oregon Institute for Youth Health Systems. The
Oregon Health and Science University shall administer the institute.
(2) The purpose of the institute is to promote clinical best practices for the well-being
of Oregon youth.
(3) Specific functions of the institute include, but need not be limited to:
(a) Collaborating with child welfare and behavioral health systems for Oregon youth;
(b) Clinical consultation, including for:
(A) Children in the custody of the Department of Human Services who are referred to
out-of-state placements;
(B) Children who have been subject to multiple incidents involving the use of restraint
and involuntary seclusion; and
(C) Other identified needs of Oregon youth.
(c) Workforce support to strengthen the existing workforce and increase access to high
quality care. The institute shall serve as a centralized resource to encourage knowledge
dissemination and identification of reliable resources on clinical best practices in behavioral
health, to create a statewide culture for learning for teams and providers of care for youth;
(d) Systems-level consultation;
(e) Quality improvement, including:
(A) Review, recommendation and evaluation of program-level data collection through a
clinically driven and trauma-informed lens with a focus on utilizing continuous quality im-
provement methods and addressing organizational culture and climate; and
(B) Review, evaluation and explanations of system-level data collection to assess gaps in
services throughout Oregon and to share and interpret findings to the System of Care Ad-
visory Council data team;
(f) Implementing monitoring, evaluation and continuous quality improvement efforts by
collecting data on key indicators reflecting the safety and quality of youth care in Oregon,
including:
(A) Significant events and the circumstances of the significant events;
(B) Frequency and circumstances of incidents involving the restraint and involuntary
seclusion of children;
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(C) The frequency and circumstances of out-of-state placements of children;
(D) Staff turnover; and
(E) Staff and youth injuries;
(g) Developing and providing trainings to address skills deficits among the youth care
workforce, including trauma-informed practices and the use of preventative training and
post-incident reviews to assess knowledge and skills;
(h) Establishing and maintaining a data dashboard to help consumers of youth care ser-
vices understand the drivers of quality;
(i) Collaborating with an advisory board comprised of individuals with lived experience to:
(A) Identify key areas of concern and monitoring to guide data collection; and
(B) Conduct regular reviews of aggregate data; and
(j) Coordinating with clinical components to develop quality improvement processes based
on data and feedback from the advisory board.
REPORTS
SECTION 47.
The System of Care Advisory Council shall study the implementation by the
Department of Human Services and the Oregon Health Authority of sections 1, 10, 42, 43 and
46 of this 2025 Act, the amendments to ORS 109.675, 109.680, 329A.030, 329A.275, 339.285,
339.287, 339.288, 339.291, 339.294, 339.297, 339.300, 339.303, 339.308, 343.154, 418.016, 418.190,
418.205, 418.210, 418.215, 418.240, 418.241, 418.246, 418.248, 418.255, 418.256, 418.257, 418.258,
418.259, 418.260, 418.321, 418.322, 418.327, 418.330, 418.475, 418.500, 418.519, 418.521, 418.523,
418.526, 418.529, 418.532, 418.625, 418.992, 418.995, 419A.245, 419B.005, 419B.335, 419C.620, 430.735
and 704.023 and section 13, chapter 581, Oregon Laws 2023, by sections 2 to 8, 11 to 19, 21 to
41, 44, 45 and 50 to 61 of this 2025 Act, and the repeal of ORS 339.296 and sections 8, 12 and
14, chapter 581, Oregon Laws 2023, by section 20 of this 2025 Act, and analyze the effects of
that implementation. The council shall submit two reports in the manner provided by ORS
192.245, and may include recommendations for legislation, to the interim committees of the
Legislative Assembly related to health care and human services. The first report is due no
later than September 15, 2026, and the second report is due no later than September 15, 2027.
SECTION 48. (1) The quarterly reports described in ORS 418.322 (9) are first due on April
1, 2026.
(2) The quarterly reports described in ORS 419B.335 are first due on April 1, 2026.
SECTION 49.
Section 47 of this 2025 Act is repealed on January 2, 2027.
CONFORMING AMENDMENTS
SECTION 50. ORS 329A.030 is amended to read:
329A.030. (1) The Department of Early Learning and Care shall establish a Central Background
Registry and may maintain information in the registry through electronic records systems.
(2)(a) A subject individual described in subsection (11)(a), (c) or (d) of this section shall apply
to and must be enrolled in the Central Background Registry prior to the provision of care.
(b) An individual who has been the subject of a founded or substantiated report of child abuse
shall apply to and must be enrolled in the Central Background Registry prior to providing any of
the types of care identified in ORS 329A.250 (4)(b)(A), (E) or (F) if:
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(A) The child abuse occurred on or after January 1, 2017, and involved a child who died or
suffered serious physical injury, as defined in ORS 161.015; or
(B) The child abuse occurred on or after September 1, 2019, and involved any child for whom
the individual was providing child care, as defined in ORS 329A.250 (4), or care identified in ORS
329A.250 (4)(b)(A), (C), (E), (F) or (G).
(c) Notwithstanding paragraph (a) of this subsection, an individual described in paragraph (b)(B)
of this subsection is not required to enroll in the Central Background Registry if more than seven
years has elapsed since the date of the child abuse determination.
(3)(a) Upon receiving an application for enrollment in the Central Background Registry, the de-
partment shall complete:
(A) A criminal records check under ORS 181A.195;
(B) A criminal records check of other registries or databases in accordance with rules adopted
by the Early Learning Council;
(C) A child abuse and neglect records check in accordance with rules adopted by the council;
and
(D) A foster care certification check and an adult protective services check in accordance with
rules adopted by the council.
(b) In addition to the information that the department is required to check under paragraph (a)
of this subsection, the department may consider any other information obtained by the department
that the department, based on rules adopted by the Early Learning Council, determines is relevant
to enrollment in the Central Background Registry.
(4) The department shall enroll the individual in the Central Background Registry if the indi-
vidual:
(a) Is determined to have no criminal, child abuse and neglect, negative adult protective services
or negative foster home certification history, or to have dealt with the issues and provided adequate
evidence of suitability for the registry;
(b) Has paid the applicable fee established pursuant to ORS 329A.275; and
(c) Has complied with the rules of the Early Learning Council adopted pursuant to this section.
(5)(a) Notwithstanding subsections (3) and (4) of this section, the department may not enroll an
individual in the Central Background Registry if:
(A) The individual has a disqualifying condition as defined in rules adopted by the council; or
(B) The individual is an exempt prohibited individual, as provided by ORS 329A.252, unless the
individual qualifies for limited enrollment pursuant to rules adopted by the Early Learning Council.
(b) If an individual prohibited from enrolling in the registry as provided by this subsection is
enrolled in the registry, the department shall remove the individual from the registry.
(6)(a) The department may conditionally enroll an individual in the Central Background Registry
pending the results of a nationwide criminal records check through the Federal Bureau of Investi-
gation if the individual has successfully completed the criminal records check and the child abuse
and neglect records check in this state and in the state of the individual’s residence, if other than
Oregon.
(b) The department may enroll an individual in the registry subject to limitations identified in
rules adopted by the council.
(7) The department may grant limited enrollment in the Central Background Registry to a sub-
ject individual who is a relative caretaker of a child for whom care is provided in a subsidized care
facility, regardless of whether the individual was previously denied enrollment in the Central
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Background Registry, if the individual otherwise meets the criteria established in rule by the Early
Learning Council.
(8) An enrollment in the Central Background Registry may be renewed upon application to the
department, payment of the fee established pursuant to ORS 329A.275 and compliance with rules
adopted by the Early Learning Council pursuant to this section. However, an individual who is
determined to be ineligible for enrollment in the registry after the date of initial enrollment shall
be removed or suspended from the registry by the department.
(9)(a) A child care facility, preschool recorded program or school-age recorded program may not
hire or employ an individual if the individual is not enrolled in the Central Background Registry.
(b) Notwithstanding paragraph (a) of this subsection, a child care facility, preschool recorded
program or school-age recorded program may employ on a probationary basis an individual who is
conditionally enrolled in the Central Background Registry.
(10) The Early Learning Council may adopt any rules necessary to carry out the purposes of this
section, including but not limited to rules regarding expiration and renewal periods and limitations
related to the subject individual’s enrollment in the Central Background Registry.
(11) As used in this section, “subject individual” means:
(a) A subject individual as defined by the Early Learning Council by rule;
(b) An individual subject to subsection (2)(b) of this section;
(c) A person who applies to be:
(A) The operator or an employee of a child care or treatment program;
(B) The operator or an employee of a provider under the Oregon Prenatal to Kindergarten
Program under ORS 329.172 to 329.200;
(C) The operator or an employee of a federal Head Start program regulated by the United States
Department of Health and Human Services;
(D) An individual in a child care facility, preschool recorded program or school-age recorded
program who may have unsupervised contact with children, as determined by the council by rule;
(E) A contractor or an employee of the contractor who:
(i) Provides early childhood special education or early intervention services pursuant to ORS
343.455 to 343.534; and
(ii) Is not subject to the criminal records check requirements of ORS 326.603 or 342.223;
(F) A child care provider who is required to be enrolled in the Central Background Registry by
any state agency;
(G) A contractor, employee or volunteer of a metropolitan service district organized under ORS
chapter 268 who may have unsupervised contact with children and who is required to be enrolled
in the Central Background Registry by the metropolitan service district;
(H) A provider of respite services, as defined in ORS [ 418.205] 418.215 (2)(b) , for parents pur-
suant to a properly executed power of attorney under ORS 109.056 who is providing respite services
as a volunteer with a private agency or organization that facilitates the provision of such respite
services;
(I) The operator or an employee of an early learning program as defined in rules adopted by the
council; or
(J) The operator or an employee of a preschool recorded program or a school-age recorded
program; or
(d)(A) An individual who operates a subsidized care facility;
(B) An individual who has attained 18 years of age and resides in a subsidized care facility; or
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(C) An individual in a subsidized care facility who has attained 18 years of age and who may
have unsupervised contact with children, as determined by the council by rule.
(12)(a) Information provided to a metropolitan service district organized under ORS chapter 268
about the enrollment status of the persons described in subsection (11)(c)(G) of this section shall be
subject to a reciprocal agreement with the metropolitan service district. The agreement must pro-
vide for the recovery of administrative, including direct and indirect, costs incurred by the depart-
ment from participation in the agreement. Any moneys collected under this paragraph shall be
deposited in the Child Care Fund established under ORS 329A.273.
(b) Information provided to a private agency or organization facilitating the provision of respite
services, as defined in ORS [ 418.205] 418.215 (2)(b) , for parents pursuant to a properly executed
power of attorney under ORS 109.056 about the enrollment status of the persons described in sub-
section (11)(c)(H) of this section shall be subject to an agreement with the private agency or or-
ganization. The agreement must provide for the recovery of administrative, including direct and
indirect, costs incurred by the department from participation in the agreement. Any moneys col-
lected under this paragraph shall be deposited in the Child Care Fund established under ORS
329A.273.
(c) Information provided to a private agency or organization about the enrollment status of the
persons described in subsection (11)(c)(I) of this section shall be subject to an agreement with the
private agency or organization. The agreement must provide for the recovery of administrative, in-
cluding direct and indirect, costs incurred by the department from participation in the agreement.
Any moneys collected under this paragraph shall be deposited in the Child Care Fund established
under ORS 329A.273.
SECTION 51.
ORS 329A.275 is amended to read:
329A.275. (1) The Early Learning Council shall adopt rules establishing fees for certification,
registration and recording under ORS 329A.250 to 329A.450.
(2) Subject to prior approval of the Oregon Department of Administrative Services and a report
to the Legislative Assembly prior to adopting the fees and charges, the fees and charges established
under ORS 181A.195, 329A.030 and 329A.250 to 329A.450 may not exceed the cost of administering
the program of the Department of Early Learning and Care pertaining to the purpose for which the
fee is established, as authorized by the Legislative Assembly within the budget of the Department
of Early Learning and Care.
(3) Notwithstanding subsection (2) of this section and any other provision of this chapter, the
following fees established by the Early Learning Council under ORS 329A.030 and 329A.250 to
329A.450 may not exceed:
(a) For Certified Family Child Care Home Initial Certification, $25;
(b) For Certified Family Child Care Home Annual Fee Per Certified Space, $2;
(c) For Child Care Center Initial Certification, $100;
(d) For Child Care Center Annual Fee Per Certified Space, $2;
(e) For Registered Family Child Care Home Registration, $30;
(f) For Preschool Recorded Program Recording, $20;
(g) For School-Age Recorded Program Recording, $20;
(h) For administering a class on child care abuse and neglect issues, $10; and
(i) For enrollment in the Central Background Registry, the cost of administering the program,
including fees for:
(A) Duplicate enrollment in the Central Background Registry;
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(B) Law Enforcement Data System criminal records check; and
(C) Federal Bureau of Investigation fingerprint check.
(4) The Early Learning Council, by rule, shall waive the fees described in subsection (3)(i) of this
section for an employee of or volunteer with a private agency or organization that facilitates the
provision of respite services, as defined in ORS [ 418.205 (2)(c)(B)] 418.215 (2)(b), for parents pursuant
to a properly executed power of attorney under ORS 109.056.
SECTION 52.
ORS 339.287 is amended to read:
339.287. An employee of a youth correction facility or a juvenile detention facility established
under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 who uses restraint or involuntary se-
clusion on a student in connection with a Youth Corrections Education Program or Juvenile De-
tention Education Program, as those terms are defined in ORS 326.695, is not subject to the
prohibitions under ORS 339.285 to 339.303.
SECTION 53. ORS 339.297 is amended to read:
339.297. (1) Each entity that has jurisdiction over a public education program must prepare and
submit to the Department of Education an annual report detailing the use of restraint and invol-
untary seclusion for the preceding school year, including, at a minimum:
(a) The total number of incidents involving restraint.
(b) The total number of incidents involving involuntary seclusion.
(c) The total number of involuntary seclusions in a locked room.
(d) The total number of rooms available for use by the public education program for involuntary
seclusion of a student and a description of the dimensions and design of the rooms.
(e) The total number of students placed in restraint.
(f) The total number of students placed in involuntary seclusion.
(g) The total number of incidents that resulted in injuries or death to students or personnel as
a result of the use of restraint or involuntary seclusion.
(h) The number of students who were placed in restraint or involuntary seclusion more than
10 times in the course of a school year and an explanation of what steps have been taken by the
public education program to decrease the use of restraint and involuntary seclusion for each stu-
dent.
(i) The number of incidents in which the personnel of the public education program administer-
ing restraint or involuntary seclusion were not trained as provided by ORS 339.300.
(j) The demographic characteristics of all students upon whom restraint or involuntary seclu-
sion was imposed, including race, ethnicity, gender, disability status, migrant status, English profi-
ciency and status as economically disadvantaged, unless the demographic information would reveal
personally identifiable information about an individual student.
(2)(a) Each entity that has jurisdiction over a public education program shall make its annual
report about restraint and involuntary seclusion available to:
(A) The public at the entity’s main office and the website of the entity;
(B) The board or governing body overseeing the entity;
(C) If the entity is an education service district, the component school districts of the education
service district; and
(D) If the entity is a public charter school, the sponsor of the public charter school.
(b) Parents and guardians of students in a public education program shall be advised at least
once each school year about how to access the report.
(3) A public education provider that does not comply with the requirement to submit a report
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to the Department of Education under subsection (1) of this section or to make the report available
as described in subsection (2) of this section is considered nonstandard under ORS 327.103.
SECTION 54.
ORS 339.300 is amended to read:
339.300. The Department of Education shall approve training programs in restraint and invol-
untary seclusion that:
(1) Teach evidence-based techniques that are shown to be effective in the prevention and safe
use of restraint or involuntary seclusion;
(2) Provide evidence-based skills training related to positive behavior support, conflict pre-
vention, de-escalation and crisis response techniques; and
(3) Are consistent with the philosophies, practices and techniques for restraint and involuntary
seclusion that are established by rule or policy of the Department of Human Services.
SECTION 55. ORS 339.308 is amended to read:
339.308. (1) As used in this section:
(a) “Public education program” means a program that:
(A) Is for students in early childhood education, elementary school or secondary school;
(B) Is under the jurisdiction of a school district, an education service district or another edu-
cational institution or program; and
(C) Receives, or serves students who receive, support in any form from any program supported,
directly or indirectly, with funds appropriated to the Department of Education.
(b) “Seclusion cell” means a freestanding, self-contained unit that is used to:
(A) Isolate a student from other students; or
(B) Physically prevent a student from leaving the unit or cause the student to believe that the
student is physically prevented from leaving the unit.
(2) A public education program may not:
(a) Purchase, build or otherwise take possession of a seclusion cell; or
(b) Use a seclusion cell.
(3) Nothing in this section prevents a public education program from usinginvoluntary seclu-
sion as allowed under ORS 339.285 to 339.303.
SECTION 56.
ORS 418.246 is amended to read:
418.246. (1) In addition to any requirements for licensure established by the Department of Hu-
man Services, each outdoor youth program that is applying for licensure as a child-caring agency
shall file with the department a bond in the amount of $50,000 or 50 percent of the program’s yearly
budget, whichever amount is less. The bond shall be issued by a surety company or an insured in-
stitution, as defined in ORS 706.008, authorized to do business in this state.
(2) The bond required under subsection (1) of this section shall be continuous until canceled and
shall remain in full force and unimpaired at all times to comply with this section. The surety or
insured institution shall give the department at least 30 days’ written notice before it cancels or
terminates its liability under the bond.
(3) An action on the bond may be brought by any person aggrieved by the misconduct of an
outdoor youth program required to be licensed under ORS 418.205 to 418.327.
(4)(a) As used in this section, “outdoor youth program” means a program that provides,
in an outdoor living setting, services to children who have behavioral problems, mental
health problems or problems with abuse of alcohol or drugs.
(b) “Outdoor youth program” does not include any program, facility or activity:
(A) Operated by a governmental entity;
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(B) Operated by or affiliated with the Oregon Youth Corps;
(C) Licensed by the Department of Human Services under the authority of the depart-
ment other than ORS 418.205 to 418.327; or
(D) Operated by a youth job development organization, as defined in ORS 344.415.
SECTION 57.
ORS 418.330 is amended to read:
418.330. (1) As used in this section:
(a) “Child” means:
(A) A person under 18 years of age;
(B) A person under 21 years of age if the Department of Human Services determines that the
person has a mental or physical disability that warrants the continuation of assistance; or
(C) A person who has attained 18 years of age and:
(i) On whose behalf payments under this section were received prior to the person attaining 18
years of age, provided the person was at least 16 years of age at the time the payments commenced;
(ii) Has not attained 21 years of age; and
(iii)(I) Is completing secondary education or a program leading to an equivalent credential;
(II) Is enrolled in an institution or program that provides post-secondary or vocational educa-
tion;
(III) Is participating in a program or activity designed to promote, or remove barriers to, em-
ployment;
(IV) Is employed for at least 80 hours per month; or
(V) Is incapable of doing any of the activities described in sub-sub-subparagraphs (I) to (IV) of
this sub-subparagraph due to a medical condition, which incapability is supported by regularly up-
dated documentation.
(b) “Nonrecurring adoption or guardianship expenses” means reasonable and necessary adoption
or guardianship fees, court costs, attorney fees and other expenses that are directly related to the
adoption of, or establishment of a guardianship for, a child with special needs and that are not in-
curred in violation of state or federal law.
(2) The department may make payments to adoptive parents or guardians on behalf of a child
placed for adoption or establishment of a guardianship by the department, or placed for adoption
by an approved child-caring agency, as defined in ORS 418.205, when the department determines:
(a) The child has special needs because of an impediment to adoptive placement or establishment
of a guardianship by reason of the child’s physical or mental condition, race, age, or membership in
a sibling group; or
(b) The adoptive family or guardian is capable of providing the permanent family relationships
needed by the child in all respects other than financial, and the needs of the child are beyond the
economic ability and resources of the family.
(3) Payments to subsidize adoptions or guardianships made under subsection (2) of this section:
(a) Shall include payment of nonrecurring adoption or guardianship expenses incurred by or on
behalf of adoptive parents or guardians in connection with the adoption of, or establishment of a
guardianship for, a child with special needs;
(b) May include, but are not limited to, the maintenance costs, medical and surgical expenses,
and other costs incidental to the care, training and education of the child;
(c) May not exceed the cost of providing comparable assistance in foster care; and
(d) May not be made:
(A) For a child who has not attained 18 years of age, when the adoptive parents or guardians
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are no longer legally responsible for the support of the child; or
(B) When the child is no longer receiving any support from the adoptive parents or guardians.
(4) Adoptive parents or guardians receiving payments under subsection (2) of this section shall
inform the department of circumstances that would make the adoptive parents or guardians:
(a) Ineligible to receive the payments; or
(b) Eligible to receive the payments in a different amount.
SECTION 58.
ORS 418.625 is amended to read:
418.625. As used in ORS 418.625 to 418.645:
(1) “Certificate” means a written approval to operate a foster home issued by the Department
of Human Services on a form prescribed by the department that states the name of the foster parent,
the address of the premises to which the certificate applies and the maximum number of children
to be maintained or boarded in the foster home at any one time.
(2) “Department” means the Department of Human Services.
(3) “Foster home” means any home maintained by a person who has under the care of the person
in the home any child under the age of 21 years unattended by the child’s parent or guardian, for
the purpose of providing the child with care, food and lodging, but does not include:
(a) Any boarding school that is essentially and primarily engaged in educational work;
(b) Any home in which a child is provided board and room by a school board;
(c) Any foster home under the direct supervision of a child-caring agency or institution certified
by the department;
(d) Any home under the direct supervision of a custodial parent for the purpose of providing
respite care as defined by rule;
(e) Any developmental disability child foster home as defined in ORS 443.830; or
(f) Any home of a provider of respite services, as defined in ORS [ 418.205] 418.215 (2)(b) , for
parents pursuant to a properly executed power of attorney under ORS 109.056.
SECTION 59.
ORS 418.992 is amended to read:
418.992. (1) In addition to any other liability or penalty provided by law, the Director of Human
Services may impose a civil penalty:
(a) On a child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950
to 418.970 for any of the following:
(A) Violation of any of the terms or conditions of a license, certificate or other authorization
issued under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.
(B) Violation of any rule adopted by, or general order of, the Department of Human Services
that pertains to a child-caring agency.
(C) Violation of any final order of the director that pertains specifically to the child-caring
agency.
(D) Violation of the requirement to have a license, certificate or other authorization under ORS
418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.
(b) On a provider of secure transportation services [ provider], as defined in ORS 418.241, that
violates the disclosure requirement described in ORS 418.241.
(2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by
law, on any child-caring agency for falsifying records, reports, documents or financial statements or
for causing another person to do so.
(3) The director shall impose a civil penalty of not less than $250 nor more than $500, unless
otherwise required by law, on a child-caring facility that assumes care or custody of, or provides
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care or services to, a child knowing that the child’s care needs exceed the license, certificate or
authorization classification of the child-caring agency if the assumption of care or custody, or pro-
vision of care or services, places that child’s health, safety or welfare at risk.
(4) Unless the health, safety or welfare of a child is at risk, the director in every case shall
prescribe a reasonable time for elimination of a violation:
(a) Not to exceed 45 days after first notice of a violation; or
(b) In cases where the violation requires more than 45 days to correct, such time as is specified
in a plan of correction found acceptable by the director.
(5) A civil penalty imposed under this section may be remitted or reduced upon such terms and
conditions as the director considers proper and consistent with the public health and safety.
(6) The department shall adopt rules establishing objective criteria for the imposition and
amount of civil penalties under ORS 418.992 to 418.998.
SECTION 60.
ORS 419C.620 is amended to read:
419C.620. (1) When required by the court, the Oregon Youth Authority or a private agency
having guardianship or legal custody of an adjudicated youth pursuant to court order shall file re-
ports on the adjudicated youth with the juvenile court that entered the original order concerning
the adjudicated youth.
(2) A county juvenile department shall file a report with the juvenile court under this section
if an adjudicated youth remains under juvenile department care for six consecutive months from the
date of initial placement and:
(a) The county juvenile department is a county program, as defined in ORS [ 418.205] 418.215;
(b) The county juvenile department is participating in programs related to Title IV-E of the So-
cial Security Act;
(c) The county juvenile department has responsibility for the care and placement of the adjudi-
cated youth; and
(d) The placement is not a detention facility.
SECTION 61.
ORS 704.023 is amended to read:
704.023. In addition to meeting the requirements in ORS 704.020, any person who provides out-
fitting and guiding services for outdoor youth programs, as defined in ORS [ 418.205] 418.215, shall
furnish proof of a current child-caring agency license for outdoor youth programs from the Depart-
ment of Human Services prior to being registered as an outfitter and guide.
MISCELLANEOUS
SECTION 62. (1) The State Board of Education shall adopt the rules described in ORS
339.303 for investigations of violations of ORS 339.285 to 339.303 or 339.308, not later than the
beginning of the 2026-2027 academic year.
(2) The State Board of Education shall require that rooms used for involuntary seclusion
of students in public education programs be equipped with the video recording equipment
described in ORS 339.303 not later than the beginning of the 2026-2027 academic year.
SECTION 63.
The unit and section captions used in this 2025 Act are provided only for
the convenience of the reader and do not become part of the statutory law of this state or
express any legislative intent in the enactment of this 2025 Act.
SECTION 64. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
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