Oregon Statutes 419B.019 – Investigation of report involving school; notification; report to Legislative Assembly; rules
(1) As used in this section:
Terms Used In Oregon Statutes 419B.019
- Contract: A legal written agreement that becomes binding when signed.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Agent’ means a person who:
(A) Acts as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and
(B) Interacts with a child because of the person’s status as an agent for an education provider.
(b) ‘Contractor’ means a person who:
(A) Provides services to an education provider under a contract in a manner that requires the person to have direct, unsupervised contact with children; and
(B) Interacts with a child because of the person’s status as a contractor for an education provider.
(c) ‘Education provider’ has the meaning given that term in ORS § 339.370.
(d) ‘School employee’ means a person who:
(A) Is an employee of an education provider; and
(B) Interacts with a child because of the person’s status as an employee of an education provider.
(e) ‘Volunteer’ means a person who:
(A) Acts as a volunteer for an education provider in a manner that requires the person to have direct, unsupervised contact with children; and
(B) Interacts with a child because of the person’s status as a volunteer of an education provider.
(2) A law enforcement agency or the Department of Human Services must conduct an investigation as provided by ORS § 419B.020 if the law enforcement agency or department receives a report of abuse that involves a child and a person who is a school employee, contractor, agent or volunteer.
(3) A law enforcement agency shall notify the department as provided by ORS § 419B.015 if the law enforcement agency receives a report described in subsection (2) of this section. The department shall notify a law enforcement agency as provided by ORS § 419B.015 if the department receives a report described in subsection (2) of this section. The department shall ensure that an investigation related to the report is conducted if the report is not investigated by a law enforcement agency.
(4)(a) Within three business days of receiving a report or notification of a report described in subsection (2) of this section, the department shall notify:
(A) The appropriate education provider to ensure the safety of the child, if the department believes the report of suspected abuse involves the child and a person who is a school employee, contractor, agent or volunteer;
(B) The Teacher Standards and Practices Commission, if the department believes the school employee, contractor, agent or volunteer is licensed, registered or certified by the commission; or
(C) The Department of Education, if the Department of Human Services believes the report of suspected abuse:
(i) Occurred in a school or was related to a school-sponsored activity; or
(ii) Involves a child and a person who is a school employee, contractor, agent or volunteer and whose conduct may be subject to actions taken by the Department of Education under ORS § 339.370 to 339.400.
(b) For the purpose of notification made under this subsection, the Department of Human Services may not disclose the name and address of, and other identifying information about, the person who made the report, but the department shall make available any information necessary to ensure the safety of the child, including the name of the school and the name of the person who may have conducted the suspected abuse. Except as provided by ORS § 339.389, any person or entity to whom notification is made under this subsection may not release any information not authorized by this subsection.
(c) When the Department of Education receives notification under this subsection, the department shall act under, and is subject to, ORS § 339.389.
(5) The Department of Human Services shall submit a report on the first day of every calendar quarter to the committees or interim committees of the Legislative Assembly related to child welfare, for the purposes of public review and oversight of the quality and safety of education providers. Information provided in reports under this subsection may not contain the name of a child or any identifying information about a child. The reports must contain all of the following information about each investigation described in subsection (2) of this section that resulted in a finding, during the preceding quarter, that the report of abuse was substantiated:
(a) The name of the education provider where the department conducted the investigation;
(b) The approximate date that the abuse occurred;
(c) The nature of the abuse and a brief narrative description of the abuse that occurred; and
(d) Whether a reportable injury, sexual abuse or death resulted from the abuse.
(6) The department may adopt any rules necessary for the administration of this section. [2019 c.618 § 14; 2021 c.386 § 5; 2023 c.570 § 14; 2023 c.581 § 7]
419B.019 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.