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Oregon Revised Statutes

Or. Rev. Stat. § 419B.020 (2026)

Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation

✓ current as of May 2026
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      419B.020 Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation. (1) If the Department of Human Services or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately:

      (a) Cause an investigation to be made to determine the nature and cause of the abuse of the child; and

      (b) Make the following notifications:

      (A) To the Department of Early Learning and Care if the alleged child abuse occurred in a child care facility as defined in ORS 329A.250; or

      (B) To the Department of Education if the alleged child abuse occurred in a school, was related to a school-sponsored activity or was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 to 339.400.

      (2) The Department of Human Services shall ensure that an investigation required by subsection (1) of this section is completed if the report is not investigated by a law enforcement agency.

      (3) If the alleged child abuse reported in subsection (1) of this section occurred at a child care facility or in a school, was related to a school-sponsored activity or was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 to 339.400:

      (a) The Department of Human Services and the law enforcement agency shall jointly determine the roles and responsibilities of the Department of Human Services and the agency in their respective investigations; and

      (b) The Department of Human Services and the agency shall each report the outcomes of their investigations:

      (A) To the Department of Early Learning and Care if the alleged child abuse occurred in a child care facility as defined in ORS 329A.250; or

      (B) To the Department of Education if the alleged child abuse:

      (i) Occurred in a school;

      (ii) Was related to a school-sponsored activity; or

      (iii) Was conduct that may be subject to actions taken by the Department of Education under ORS 339.370 to 339.400.

      (4) If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify the Department of Human Services by making an oral report followed by a written report to the centralized child abuse reporting system described in ORS 418.190. The department shall provide protective social services of its own or of other available social agencies if necessary to prevent further abuses to the child or to safeguard the child’s welfare.

      (5) If a child is taken into protective custody by the Department of Human Services, the department shall promptly make reasonable efforts to ascertain the name and address of the child’s parents or guardian.

      (6)(a) If a child is taken into protective custody by the Department of Human Services or a law enforcement official, the department or law enforcement official shall, if possible, make reasonable efforts to advise the parents or guardian immediately, regardless of the time of day, that the child has been taken into custody, the reasons the child has been taken into custody and general information about the child’s placement, and the telephone number of the local office of the department and any after-hours telephone numbers.

      (b) Notice may be given by any means reasonably certain of notifying the parents or guardian, including but not limited to written, telephonic or in-person oral notification. If the initial notification is not in writing, the information required by paragraph (a) of this subsection also shall be provided to the parents or guardian in writing as soon as possible.

      (c) The department also shall make a reasonable effort to notify the noncustodial parent of the information required by paragraph (a) of this subsection in a timely manner.

      (d) If a child is taken into custody while under the care and supervision of a person or organization other than the parent, the department, if possible, shall immediately notify the person or organization that the child has been taken into protective custody.

      (7) If a law enforcement officer or the Department of Human Services, when taking a child into protective custody, has reasonable cause to believe that the child has been affected by sexual abuse and rape of a child as defined in ORS 419B.005 (1)(a)(C) and that physical evidence of the abuse exists and is likely to disappear, the court may authorize a physical examination for the purposes of preserving evidence if the court finds that it is in the best interest of the child to have such an examination. Nothing in this section affects the authority of the department to consent to physical examinations of the child at other times.

      (8) A minor child of 12 years of age or older may refuse to consent to the examination described in subsection (7) of this section. The examination shall be conducted by or under the supervision of a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, trained in conducting such examinations.

      (9) When the Department of Human Services completes an investigation under this section, if the person who made the report of child abuse provided contact information to the department, the department shall notify the person about whether contact with the child was made, whether the department determined that child abuse occurred and whether services will be provided. The department is not required to disclose information under this subsection if the department determines that disclosure is not permitted under ORS 419B.035.

      (10) When the Department of Education receives a notification under subsection (1) of this section or a report on the outcomes of an investigation under subsection (3) of this section, the Department of Education shall act under, and is subject to, ORS 339.389. [1993 c.546 §16; 1993 c.622 §7a; 1997 c.130 §13; 1997 c.703 §1; 1997 c.873 §33; 2007 c.501 §4; 2007 c.781 §1; 2013 c.624 §83; 2014 c.45 §41; 2017 c.356 §41; 2019 c.141 §24; 2019 c.618 §18; 2021 c.386 §6; 2023 c.132 §7; 2023 c.554 §53; 2023 c.570 §13; 2024 c.73 §66]

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1995–2026 · leading case: E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
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E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022). · cites it 5× “023(2) (spec- ifying that, “[i]f a person conducting an investigation under ORS 419B.020 observes a child who has suffered suspicious physical injury” and has at least “a reasonable suspicion that the injury is or may be the result of abuse, the person 8 The same statutes…”
State v. Weaver, 168 P.3d 273 (Or. Ct. App. 2007). · cites it 7× “The evidence of that crime was based on the search made pursuant to the second entry into defendant’s home, after she had been handcuffed, arrested, and taken to the officers’ car.”
Godfrey v. Fred Meyer Stores, 124 P.3d 621 (Or. Ct. App. 2005). · cites it 2× “891(2) (referring to "[a]ny written or oral statement in connection with a solicitation of contributions"); ORS 419B.020(1) ("oral report of child abuse").”
State v. Edmonds, 435 P.3d 752 (Or. 2019). “Other pertinent duties in effect at the time that the transcript in this case was made can be found in ORS 419B.020 (2001): "(1) Upon receipt of an oral report of child abuse, the Department of Human Services or the law enforcement agency shall immediately: "(a) Cause an…”
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022). “DHS is required to “[c]ause an investigation to be made” when it receives a report of child abuse, ORS 419B.020(1)(a), and the statutes specify how and by whom the required investigation shall be carried out, ORS 419B.”
Berger v. State Off. for Servs. to Child. & Families, 98 P.3d 1127 (Or. Ct. App. 2004). “” See ORS 419B.020. Under the agency’s procedures, such a determination means only that there is reasonable cause to believe that abuse has occurred and, if it is possible to make the determination, that a particular person was responsible.”
Nielson v. Legacy Health Sys., 230 F. Supp. 2d 1206 (D. Or. 2001). “ORS 419B.020(l)(a). In addition, ORS 419B.”
State ex rel. Juv. Dep't v. L.B. & N. A. M., 226 P.3d 66 (Or. Ct. App. 2010). “]” ORS 419B.020(l)(a). In conducting that investigation, Child Protective Services (CPS) reviews “historical information on the family and the child that may be useful in completing the CPS assessment.”
Pamplin Media Grp. v. City of Salem, 429 P.3d 1019 (Or. Ct. App. 2018). · cites it 5× “023 (specifying in detail certain duties of a person conducting an investigation under ORS 419B.020 ). *765 That statutory context demonstrates that the term "report of child abuse" in ORS 419B.”
Meier v. Salem-Keizer Sch. Dist., 392 P.3d 796 (Or. Ct. App. 2017). · cites it 4× “020; 10 OAR 413-015-1000 (providing that, in making an assessment, a child protective services worker “must determine whether there is reasonable cause to believe child abuse or neglect occurred”), and concluded that “reasonable cause” “is equivalent to reasonable suspicion, a…”
Bertram v. Malheur Cnty., 129 P.3d 222 (Or. Ct. App. 2006). “4 In their reply brief on appeal, plaintiffs also rely on ORS 419B.020. Because plaintiffs did not rely on that statute before the trial court or in their opening brief on appeal, we do not address it here.”
Blachly v. Portland Police Dep't, 898 P.2d 784 (Or. Ct. App. 1995). “762 and reenacted and renumbered those provisions as ORS 419B.020 and ORS 419B.025. Or Laws 1993, ch 546, § 141; Or Laws 1993, ch 546, § 16; Or Laws 1993, ch 622, § 7a; Or Laws 1993, ch 546, § 17.”
Show all 16 citing cases →
— Or. Rev. Stat. § 419B.020(1) — 2 cases
Godfrey v. Fred Meyer Stores, 124 P.3d 621 (Or. Ct. App. 2005). “891(2) (referring to "[a]ny written or oral statement in connection with a solicitation of contributions"); ORS 419B.020(1) ("oral report of child abuse").”
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022). “023(2) (spec- ifying that, “[i]f a person conducting an investigation under ORS 419B.020 observes a child who has suffered suspicious physical injury” and has at least “a reasonable suspicion that the injury is or may be the result of abuse, the person 8 The same statutes…”
— Or. Rev. Stat. § 419B.020(1)(a) — 4 cases
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022). “023(2) (spec- ifying that, “[i]f a person conducting an investigation under ORS 419B.020 observes a child who has suffered suspicious physical injury” and has at least “a reasonable suspicion that the injury is or may be the result of abuse, the person 8 The same statutes…”
Querbach v. Dept. of Human Servs., 512 P.3d 432 (Or. 2022). “DHS is required to “[c]ause an investigation to be made” when it receives a report of child abuse, ORS 419B.020(1)(a), and the statutes specify how and by whom the required investigation shall be carried out, ORS 419B.”
Pamplin Media Grp. v. City of Salem, 429 P.3d 1019 (Or. Ct. App. 2018). “023 (specifying in detail certain duties of a person conducting an investigation under ORS 419B.020 ). *765 That statutory context demonstrates that the term "report of child abuse" in ORS 419B.”
In Re Ab, 226 P.3d 66 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 419B.020(l)(a) — 3 cases
Nielson v. Legacy Health Sys., 230 F. Supp. 2d 1206 (D. Or. 2001). “ORS 419B.020(l)(a). In addition, ORS 419B.”
State ex rel. Juv. Dep't v. L.B. & N. A. M., 226 P.3d 66 (Or. Ct. App. 2010). “]” ORS 419B.020(l)(a). In conducting that investigation, Child Protective Services (CPS) reviews “historical information on the family and the child that may be useful in completing the CPS assessment.”
Dep't of Human Servs. v. P. A., 383 P.3d 376 (Or. Ct. App. 2016).
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