Creates an exception to abuse of a child in care provisions when the suspected abuse was committed by the parent of the child in care.

83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 736
Sponsored by Senators GELSER BLOUIN, MANNING JR, HAYDEN; Senators GORSEK,
PATTERSON, REYNOLDS, SMITH DB, SOLLMAN, THATCHER, Representatives CHOTZEN,
LEVY E, NELSON, PHAM H (Presession filed.)
CHAPTER .................................................
AN ACT
Relating to investigations of child abuse involving the child’s parent; creating new provisions;
amending ORS 409.185; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The provisions of ORS 418.257 to 418.259 and 418.519 to 418.532 do not
apply to investigations of reports of suspected abuse committed by the parent of a child in
care.
(2) As used in this section, “abuse” and “child in care” have the meanings given those
terms in ORS 418.257.
SECTION 2. ORS 409.185 is amended to read:
409.185. (1) The Director of Human Services shall oversee the development of standards and
procedures for assessment, investigation and enforcement of child protective services.
(2)(a) The Department of Human Services shall take action to implement the provision of child
protective services as outlined in ORS 417.705 to 417.800 and based on the recommendations in the
1992 “Oregon Child Protective Services Performance Study” published by the University of Southern
Maine.
(b) In all substantiated cases of child abuse and neglect, the role of the department is to com-
plete a comprehensive family assessment of risk of abuse or neglect, or both, assess service needs
and provide immediate protective services as necessary.
(c) The department shall provide remedial services needed to ensure the safety of the child.
(d) In all cases of child abuse and neglect for which a criminal investigation is conducted, the
role of law enforcement agencies is to provide a legally sound, child sensitive investigation of
whether abuse or neglect or both have occurred and to gather other evidence and perform other
responsibilities in accordance with interagency agreements.
(e) The department and law enforcement agencies shall conduct the investigation and assess-
ment concurrently, based upon the protocols and procedures of the county child abuse multidisci-
plinary team in each jurisdiction.
(f) When the department and law enforcement agencies conduct a joint investigation and as-
sessment, the activities of the department and agencies are to be clearly differentiated by the pro-
tocols of the county child abuse multidisciplinary team.
(g) Nothing in this subsection is intended to be inconsistent with ORS 418.702, 418.747 and
418.748 and ORS chapter 419B.
Enrolled Senate Bill 736 (SB 736-B) Page 1
(h) In all cases of child abuse for which an investigation is conducted, the department shall
provide a child’s parent, guardian or caregiver with a clear written explanation of the investigation
process, the court hearing process and the rights of the parent, guardian or caregiver in the abuse
investigation and in the court proceedings related to the abuse investigation. When the depart-
ment provides the written explanation under this paragraph to a child’s parent or guardian,
the department shall include a disclosure that the representative of the department is not
an attorney and cannot provide legal advice to the parent or guardian.
(3) Upon receipt of a recommendation of the Children’s Advocate under ORS 417.815 (2)(e), the
department shall implement the recommendation or give the Children’s Advocate written notice of
an intent not to implement the recommendation.
SECTION 3. (1) Section 1 of this 2025 Act applies to investigations of abuse arising from
actions committed on or after the effective date of this 2025 Act.
(2) The amendments to ORS 409.185 by section 2 of this 2025 Act apply to child abuse
investigations pending on the effective date of this 2025 Act and to child abuse investigations
initiated on or after the effective date of this 2025 Act.
SECTION 4.
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
on its passage.
Passed by Senate April 10, 2025
Repassed by Senate June 12, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House June 11, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 736 (SB 736-B) Page 2