Oregon Revised Statutes

Or. Rev. Stat. § 418.005 (2026)

Powers of department in connection with child welfare services; rules; advisory committee

✓ current as of May 2026
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      418.005 Powers of department in connection with child welfare services; rules; advisory committee. (1) In order to establish, extend and strengthen welfare services for the protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent, the Department of Human Services may:

      (a) Make all necessary rules and regulations for administering child welfare services under this section.

      (b) Accept and disburse any and all federal funds made available to the State of Oregon for child welfare services.

      (c) Make such reports in such form and containing such information as may from time to time be required by the federal government and comply with such provisions as may from time to time be found necessary to insure correctness and verification of such reports.

      (d) Cooperate with medical, health, nursing and welfare groups and organizations and with any agencies in the state providing for protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent.

      (e) Cooperate with the United States Government or any of its agencies in administering the provisions of this section.

      (2)(a) There is created an advisory committee that shall consist of 21 members to advise the department on the development and administration of child welfare policies, programs and practices. Members shall be appointed by and serve at the pleasure of the Director of Human Services.

      (b) Advisory committee membership shall include representatives of other state agencies concerned with services, representatives of professional, civic or other public or private organizations, private citizens interested in service programs, and recipients of assistance or service or their representatives.

      (c) Members of the advisory committee shall receive no compensation for their services. Members of the advisory committee other than members employed in full-time public service shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties by the department. Such reimbursements shall be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory committee who are employed in full-time public service may be reimbursed for their actual and necessary expenses incurred in the performance of their duties by their employing agency.

      (d) The advisory committee shall meet at least once every three months.

      (3) Subject to the allotment system provided for in ORS 291.234 to 291.260, the department may expend the amounts necessary to carry out the purposes and administer the provisions of this section. [Formerly 419.002; 1971 c.401 §12; 1975 c.352 §1; 1997 c.249 §130; 2001 c.900 §112; 2003 c.14 §210]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1980–2022 · leading case: Burke v. Child.'s Servs. Div., 607 P.2d 141 (Or. 1980).
Burke v. Child.'s Servs. Div., 607 P.2d 141 (Or. 1980). “ORS 418.005; 411.116. 7 Authorized by ORS 183.”
Joseph v. Utah Home Fire Ins., 835 P.2d 885 (Or. 1992). “” The Children’s Services Division (CSD) has, pursuant to its authority under ORS 418.005 to 418.640, promulgated regulations that define “foster child” and “foster home”: “ ‘Foster child’ is any child placed in a foster home by CSD or any other authorized person or agency.”
State v. Gambone, 763 P.2d 188 (Or. Ct. App. 1988). “That statute provides: “Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child or of the…”
State ex rel. Juv. Dep't v. Kirk, 606 P.2d 634 (Or. Ct. App. 1980). “In view of past CSD involvement with this mother and, inasmuch as CSD is charged by law with looking after the best interests of the children (ORS 418.005), we find nothing unreasonable about its posture in the matter.”
Wyatt B. v. Kotek (D. Or. 2022). “050 and ORS 418.005). “Once removed, the child enters state custody and is assigned a permanency caseworker to manage and monitor the case,” and “the child may be placed back in the home with a period or caseworker monitoring, though most are placed with foster families or…”
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