Oregon Statutes 419B.055 – Action by Attorney General for protective order on behalf of department employee; written request; eligible employees
(1) The Attorney General may bring an action in a circuit court for a citation or a stalking protective order under ORS § 30.866 or 163.730 to 163.750 on behalf of an employee of the Department of Human Services who, because of being involved in the conduct described in subsection (3) of this section, is the subject of repeated and unwanted contact by another person that causes alarm or coercion to the employee. The Attorney General’s responsibility under this subsection is limited to circumstances in which an employee of the department submits a written request to the Attorney General that:
Terms Used In Oregon Statutes 419B.055
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Has been approved in writing by the Director of Human Services or the director’s designee;
(b) Sets forth sufficient facts and evidence, the truth of which has been affirmed by the employee; and
(c) Based solely upon the opinion of the Attorney General, is an action that is likely to succeed.
(2) The action brought under this section may not include a request for:
(a) Special and general damages, including damages for emotional distress;
(b) Economic or noneconomic damages;
(c) Punitive damages; or
(d) Attorney fees and costs.
(3) Departmental employees on whose behalf the citation or stalking protective order may be obtained under subsection (1) of this section include employees who:
(a) Conduct a child abuse investigation under ORS § 419B.020;
(b) Make a determination that a child must be taken into protective custody under ORS § 419B.150 or 419B.152;
(c) Make a determination that a child should not be released to the child’s parent or other responsible person under ORS § 419B.165 (1)(b); and
(d) Are involved in developing a case plan or making a placement decision for a child in the legal custody of the department. [2015 c.653 § 1; 2019 c.594 § 7; 2019 c.631 § 4]
419B.055 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.
JUVENILE COURT
(Generally)