As used in ORS § 418.351 to 418.357:

Terms Used In Oregon Statutes 418.351

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109

(1) ‘Client’ means a parent or guardian or other person seeking a referral or recommendation for programs for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency or disability-related challenges.

(2) ‘Placement information’ means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, telephone number, zip code, medical history, information about necessary services or the reasons for seeking residential care.

(3)(a) ‘Referral agent’ means a person that provides residential care referrals.

(b) ‘Referral agent’ does not include:

(A) A residential care program or its employees.

(B) A public body as defined in ORS § 174.109.

(C) A physician licensed under ORS Chapter 677 or a nurse practitioner licensed under ORS § 678.375 to 678.390 if the subject of placement is a patient of the physician or nurse practitioner and the physician or nurse practitioner has deemed the placement to be medically necessary.

(4)(a) ‘Residential care program’ means a residential program or facility that meets the criteria of a child-caring agency as defined in ORS § 418.205, regardless of whether the program is located in Oregon or out of Oregon.

(b) ‘Residential care program’ does not include:

(A) A hospital as defined in ORS § 442.015 or a rural hospital as defined in ORS § 442.470.

(B) An adoption agency.

(C) An academic boarding school that provides educational services and care to children 24 hours a day and does not offer or arrange specialized treatment or therapeutic services to students with disabilities or to students with social, emotional or behavioral problems.

(5) ‘Residential care referral’ means a referral to a residential care program in connection with which the referral agent receives compensation from any source when:

(a) The client or the subject of placement resides in this state;

(b) The referral agent resides in or has a primary place of business in this state; or

(c) The program to which the referral is made is located in this state.

(6) ‘Subject of placement’ means the individual to be placed with a residential care program through a residential care referral. [2021 c.590 § 1]

 

418.351 to 418.357 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

[1989 c.306 § 6; renumbered 657A.150 in 1993]