419B.028
Photographing child during investigation; photographs as records. (1) In carrying out its duties
under ORS 419B.020, any law enforcement agency or the Department of Human
Services may photograph or cause to have photographed any child subject of the
investigation for purposes of preserving evidence of the child’s condition at
the time of the investigation. Photographs of the anal or genital region may be
taken only by medical personnel.
(2) When a child
is photographed pursuant to ORS 419B.023, the person taking the photographs or
causing to have the photographs taken shall, within 48 hours or by the end of
the next regular business day, whichever occurs later:
(a) Provide hard
copies or prints of the photographs and, if available, copies of the
photographs in an electronic format to the designated medical professional
described in ORS 418.747 (9); and
(b) Place hard
copies or prints of the photographs and, if available, copies of the
photographs in an electronic format in any relevant files pertaining to the
child maintained by the law enforcement agency or the department.
(3) For purposes
of ORS 419B.035, photographs taken under authority of this section shall be
considered records. [1993 c.546 §18; 2007 c.674 §5]
Notes of Decisions
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
“In discussing legislative intent with respect to the relevant duties, we limit our inquiry to the enactment of the duties that statutes impose on law enforcement agencies and personnel. 228 E. J. T. v. Jefferson County shall * * * [e]nsure that a designated medical professional”…”
Pamplin Media Grp. v. City of Salem, 429 P.3d 1019 (Or. Ct. App. 2018).
“" *1027 ORS 419B.028(1). Such evidence could provide support for a petition for dependency jurisdiction in the juvenile court and could be relevant in a criminal prosecution.”
— Or. Rev. Stat. § 419B.028(1) — 1 case
Pamplin Media Grp. v. City of Salem, 429 P.3d 1019 (Or. Ct. App. 2018).
“" *1027 ORS 419B.028(1). Such evidence could provide support for a petition for dependency jurisdiction in the juvenile court and could be relevant in a criminal prosecution.”
— Or. Rev. Stat. § 419B.028(2)(a) — 1 case
E. J. T. v. Jefferson Cnty., 518 P.3d 568 (Or. 2022).
“In discussing legislative intent with respect to the relevant duties, we limit our inquiry to the enactment of the duties that statutes impose on law enforcement agencies and personnel. 228 E. J. T. v. Jefferson County shall * * * [e]nsure that a designated medical professional”…”
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