Whenever an investigation conducted under ORS § 419B.020 results in a notice of founded disposition being delivered to the person identified as the perpetrator in the founded disposition, the notice must also be provided to the person’s attorney, if applicable. [2023 c.188 § 1]

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419B.027 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Sections 8 and 12, chapter 581, Oregon Laws 2023, provide:

(1) Notwithstanding ORS § 419B.005 (1)(a)(K), at the conclusion of an investigation under ORS § 419B.020, the Department of Human Services may not substantiate an allegation of abuse against personnel of a public education program who have not been trained to the standard established in ORS § 339.300 but who impose a restraint on a student if:

(a) The restraint is imposed in response to an imminent risk of serious bodily injury of any person;

(b) The person imposing the restraint does not act with reckless disregard for student safety; and

(c) The restraint does not impose a significant risk of impeding the student’s breathing.

(2) Nothing in this section prohibits the department from finding that the public education program is responsible under section 2 of this 2023 Act [339.296] for abuse arising from the untrained personnel’s inappropriate use of restraint.

(3) As used in this section, ‘public education program’ and ‘restraint’ have the meanings given those terms in ORS § 339.285. [2023 c.581 § 8]

Section 8 of this 2023 Act is repealed on June 30, 2028. [2023 c.581 § 12]