ORS § 419B.005

Current through 2024 Regular Session legislation

Section 419B.005 - [Operative 7/1/2028] Definitions

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 functioning.

(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are described in ORS chapter 163.

(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 exhibition that, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described 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 substantial 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).

(b) "Abuse" does not include reasonable discipline 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.

(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 developmental disabilities program, a county juvenile department, a child-caring agency as that term is defined 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 subdivision 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 investigations 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, for parents pursuant to a properly executed power of attorney 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;

(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 religious, 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 human 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 service 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.

ORS 419B.005

Amended by 2024 Ch. 73,§ 64, eff. 6/6/2024.

Amended by 2024 Ch. 73,§ 65, eff. 6/6/2024.

Amended by 2023 Ch. 500,§ 9, eff. 9/24/2023, op. 1/1/2024.

Amended by 2023 Ch. 581, § 4, eff. 7/31/2023.

Amended by 2023 Ch. 581, § 3, eff. 7/31/2023.

Amended by 2023 Ch. 554, § 52, eff. 7/31/2023, op. 7/1/2023.

Amended by 2023 Ch. 267, § 5, eff. 7/13/2023, op. 9/1/2023.

Amended by 2023 Ch. 9, § 28, eff. 1/1/2024.

Amended by 2022 Ch. 90, § 7, eff. 3/24/2022, op. 1/1/2023.

Amended by 2021 Ch. 251, § 2, eff. 1/1/2022.

Amended by 2021 Ch. 214, § 1, eff. 1/1/2022.

Amended by 2021 Ch. 97, § 44, eff. 1/1/2022.

Amended by 2019 Ch. 455, § 4, eff. 1/1/2020.

Amended by 2019 Ch. 176, § 2, eff. 1/1/2020.

Amended by 2019 Ch. 137, § 2, eff. 1/1/2020.

Amended by 2017 Ch. 21, § 55, eff. 4/21/2017.

Amended by 2016 Ch. 106, § 39, eff. 4/4/2016, op. 7/1/2016.

Amended by 2015 Ch. 736, § 65, eff. 7/20/2015, op. 1/1/2016.

Amended by 2015 Ch. 179, § 1, eff. 1/1/2016.

Amended by 2015 Ch. 98, § 7, eff. 1/1/2016.

Amended by 2013 Ch. 720, § 11, eff. 7/29/2013.

Amended by 2013 Ch. 624, § 82, eff. 7/19/2013, op. 7/1/2013.

Amended by 2013 Ch. 623, § 17, eff. 7/19/2013, op. 7/1/2013.

Amended by 2013 Ch. 180, § 40, eff. 5/16/2013, op. 1/1/2014.

Amended by 2013 Ch. 129, § 26, eff. 1/1/2014.

Amended by 2012 Ch. 92, § 1, eff. 1/1/2013.

Amended by 2012 Ch. 37, § 60, eff. 3/6/2012, op. 7/1/2012.

1993 c.546 §12; 1993 c.622 §1a; 1995 c.278 §50; 1995 c.766 §1; 1997 c.127 §1; 1997 c.561 §3; 1997 c.703 §3; 1997 c.873 §30; 1999 c.743 §22; 1999 c.954 §4; 2001 c.104 §148; 2003 c. 191, § 1; 2005 c. 562, § 26; 2005 c. 708, § 4; 2009 c. 199, § 1; 2009 c. 442, § 36; 2009 c. 518, § 1; 2009 c. 570, § 6; 2009 c. 595, § 364; 2009 c. 633, § 10; 2009 c. 708, § 3; 2010 c. 60, §§ 4, 5; 2011 c. 151, § 12; 2011 c. 506, § 38; 2011 c. 703, § 34

The amendments to 419B.005 by section 6, chapter 581, Oregon Laws 2023, become operative July 1, 2028, and apply to incidents occurring on or after July 1, 2028. See sections 13 and 14, chapter 581, Oregon Laws 2023. The text that is operative on and after July 1, 2028, is set forth for the user's convenience.

This section is set out more than once due to postponed, multiple, or conflicting amendments.