Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Oregon

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Ann. Stat. § 419B.015

A person making a report of child abuse shall make an oral report by telephone or otherwise to the local office of the Department of Human Services, to the designee of the department, or to a law enforcement agency within the county where the person making the report is located at the time of the contact. When a report of alleged child abuse is received by the department, the department shall notify a law enforcement agency within the county where the alleged abuse occurred or, if that county is unknown, the county in which the child resides or, if that county is unknown, the county in which the reporter came into contact with the child or the alleged perpetrator of the abuse.

When a report of alleged child abuse is received by a designee of the department, the designee shall notify either the department or a law enforcement agency within the county in which the alleged abuse occurred or, if that county is unknown, the county in which the child resides or, if that county is unknown, the county in which the reporter came into contact with the child or the alleged perpetrator of the abuse.

When a report of alleged child abuse is received by a law enforcement agency, the agency shall notify the department by making a report of the alleged child abuse to the child abuse reporting hotline.

Other Reporting Requirements

Citation: Ann. Stat. § 419B.015; 2020 Ore. HB 4214, §§ 9, 13, 16

When a report of alleged child abuse is received by the department or by a law enforcement agency, the department or law enforcement agency, or both, may collect information concerning the military status of the parent or guardian of the child who is the subject of the report and may share the information with the appropriate military authorities.

In any proceeding under chapter 419B involving an Indian child, the juvenile court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of a Tribal court. The juvenile court shall communicate with any tribal courts to the extent necessary to make a determination under this section.

The juvenile court shall transfer a proceeding under chapter 419B involving an Indian child if, at any time during the proceeding, the Indian child's parent, Indian custodian, or Tribe petitions the court to transfer the proceeding to the Tribal court. Upon receipt of a transfer motion, the juvenile court shall contact the Indian child's Tribe and request a timely response regarding whether the Tribe intends to decline the transfer.

A party may object to the transfer motion on the basis of one of the following:

• That the Indian child's Tribe has declined the transfer
• That one or both of the Indian child's parents object to the transfer
• That good cause exists to deny the transfer

The court shall deny the transfer motion if any of the following apply:

• The Tribe declines the transfer orally on the record or in writing.
• The Indian child's parent objects to the transfer.
• The court finds by clear and convincing evidence, after a hearing, that good cause exists to deny the transfer.

In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the department must notify by telephone, electronic mail, facsimile, or other means of immediate communication any Tribe of which the child is or may be a member. Notification under this section must include the basis for the child's removal; the time, date and place of the initial hearing; and a statement that the Tribe, as a party to the proceeding under § 419B.875, has the right to participate in the proceeding.