419B.010 Duty
of officials to report child abuse; exceptions; penalty. (1) Any public or private official
having reasonable cause to believe that any child with whom the official comes
in contact has suffered abuse or that any person with whom the official comes
in contact has abused a child shall immediately report or cause a report to be
made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to
40.295 or 419B.234 (6) affects the duty to report imposed by this section,
except that a psychiatrist, psychologist, member of the clergy, attorney or
guardian ad litem appointed under ORS 419B.231 is not required to report such
information communicated by a person if the communication is privileged under
ORS 40.225 to 40.295 or 419B.234 (6). An attorney is not required to make a
report under this section by reason of information communicated to the attorney
in the course of representing a client if disclosure of the information would
be detrimental to the client.
(2)
Notwithstanding subsection (1) of this section, a report need not be made under
this section if the public or private official acquires information relating to
abuse by reason of a report made under this section, or by reason of a
proceeding arising out of a report made under this section, and the public or
private official reasonably believes that the information is already known by a
law enforcement agency or the Department of Human Services.
(3) The duty to
report under this section is personal to the public or private official alone,
regardless of whether the official is employed by, a volunteer of or a
representative or agent for any type of entity or organization that employs
persons or uses persons as volunteers who are public or private officials in
its operations.
(4) The duty to
report under this section exists regardless of whether the entity or
organization that employs the public or private official or uses the official
as a volunteer has its own procedures or policies for reporting abuse
internally within the entity or organization.
(5) A person who
violates subsection (1) of this section commits a Class A violation.
Prosecution under this subsection shall be commenced at any time within 18
months after commission of the offense. [1993 c.546 §14; 1999 c.1051 §180; 2001
c.104 §149; 2001 c.904 §15; 2005 c.450 §7; 2012 c.92 §11]
Notes of Decisions
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
· cites it 10× “In 1999, the legislature considered and ultimately adopted a bill that would have amended ORS 419B.010 to specify that a violation of the statutory duty to report child abuse “does not give rise to a private right of action.”
State v. Walker, 86 P.3d 690 (Or. Ct. App. 2004).
· cites it 11× “The state reasoned that the six-year limitation period is triggered by a “report,” which should be understood to mean the sort of report that is described in ORS 419B.010 and is required to be made either to a law enforcement agency or to DHS.”
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010).
· cites it 2× “§ 13-3620(A)(1); Or.Rev.Stat. § 419B.010(1); Wash. Rev.Code § 26.”
Greene v. Camreta, 588 F.3d 1011 (9th Cir. 2009).
· cites it 2× “” See Or. Rev. Stat. § 419B.010. With certain exceptions, any official with such knowledge "shall immediately report or cause a report to be made” to DHS or local law enforcement.”
State v. Riley, 308 P.3d 1080 (Or. Ct. App. 2013).
· cites it 8× “040(1) — a statute that prohibits the use of that privilege “in any judicial proceeding resulting from a report made pursuant to ORS 419B.010 to 419B.050.” As to defendant’s first assignment of error, we conclude that the state’s notice was sufficient under OEC 803(18a)(b) and…”
Shin v. Sunriver Preparatory Sch., Inc., 111 P.3d 762 (Or. Ct. App. 2005).
· cites it 2× “Second, plaintiff alleged that Sunriver Prep, again through its agent, Wheeler, failed to report the abuse to the authorities as required by ORS 419B.010. Finally, plaintiff asserted a claim for negligent infliction of emotional distress (NIED) against Sunriver Prep for the…”
State v. Wixom, 366 P.3d 353 (Or. Ct. App. 2015).
· cites it 3× “990 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and may not be disclosed except as provided in this section.”
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022).
· cites it 2× “A “founded” determination means that “there is reasonable cause to believe [that] the abuse occurred,” OAR 413-015- 1010(2)(a)—the same standard that, under ORS 419B.010, triggers a mandatory reporter’s duty to make a report to DHS.”
State v. Reed, 21 P.3d 137 (Or. Ct. App. 2001).
· cites it 2× “255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege, shall not be a ground for excluding evidence regarding…”
State Ex Rel. Juv. Dep't v. Spencer, 108 P.3d 1189 (Or. Ct. App. 2005).
· cites it 4× “” The foster mother reported the alleged abuse to a law enforcement agency, as she was required to do under ORS 419B.010 and ORS 419B.005(3). 1 Within that same month, youth began therapy at the Morrison Center.”
Pamplin Media Grp. v. City of Salem, 429 P.3d 1019 (Or. Ct. App. 2018).
· cites it 28× “035 (excluding "reports and records compiled under the provisions of ORS 419B.010 to 419B.050" from public disclosure).”
Kahn v. Pony Express Courier Corp., 20 P.3d 837 (Or. Ct. App. 2001).
“035(1), which provides, in part: “Notwithstanding the provisions of [ORS chapter 192] relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 [the…”
— Or. Rev. Stat. § 419B.010(1) — 13 cases
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
“In 1999, the legislature considered and ultimately adopted a bill that would have amended ORS 419B.010 to specify that a violation of the statutory duty to report child abuse “does not give rise to a private right of action.”
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010).
“§ 13-3620(A)(1); Or.Rev.Stat. § 419B.010(1); Wash. Rev.Code § 26.”
Shin v. Sunriver Preparatory Sch., Inc., 111 P.3d 762 (Or. Ct. App. 2005).
“Second, plaintiff alleged that Sunriver Prep, again through its agent, Wheeler, failed to report the abuse to the authorities as required by ORS 419B.010. Finally, plaintiff asserted a claim for negligent infliction of emotional distress (NIED) against Sunriver Prep for the…”
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022).
“A “founded” determination means that “there is reasonable cause to believe [that] the abuse occurred,” OAR 413-015- 1010(2)(a)—the same standard that, under ORS 419B.010, triggers a mandatory reporter’s duty to make a report to DHS.”
— Or. Rev. Stat. § 419B.010(2) — 1 case
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
“In 1999, the legislature considered and ultimately adopted a bill that would have amended ORS 419B.010 to specify that a violation of the statutory duty to report child abuse “does not give rise to a private right of action.”
— Or. Rev. Stat. § 419B.010(5) — 1 case
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
“In 1999, the legislature considered and ultimately adopted a bill that would have amended ORS 419B.010 to specify that a violation of the statutory duty to report child abuse “does not give rise to a private right of action.”
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