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Committee debates SB 15-34 changes to child-in-care abuse definitions, notification timing; carryover to Feb. 12
Summary
The committee reviewed SB 15-34 and its dash-8 amendment, which narrows and clarifies who may be investigated under the child-in-care abuse statute and seeks to set notification timing for alleged abuse; ODHS and OJD discussed 'immediately' versus 'within 3 business days' language and the bill was carried over for a dash-9 technical fix.
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Senate Bill 15-34, discussed in a work session on Feb. 10, would modify ODHS authorities over providers for children in care, change licensing and enforcement rules for child-caring agencies, and replace language describing acts that constitute abuse of a child in care. Committee members focused on two central questions: which adults fall under the child-in-care abuse statute, and how quickly ODHS must notify attorneys, CASA and other advocates when a report is received.
Speaker 2 outlined the dash-8 amendment posted to OLIS, saying it replaces several provisions and specifies certain exemptions. Committee members and witnesses debated a draft change that would require ODHS to notify "immediately" when a report is received; ODHS asked for "within 3 business days." Chair Gelser Blue and other members raised concerns that a three-day delay could permit an investigation interview to occur before an attorney or CASA was notified. ODHS witnesses Molly Miller (deputy director for child welfare) and Tom VanderBean (Children's Care Licensing) said notifications are handled through the Oregon Child Welfare hotline, that screened reports and assigned investigations differ, and that the department uses multiple methods (phone, email) to notify required parties and seeks to align statutory language with administrative rules.
The chair explained that dash-8 and later dash-9 amendments also clarify who is covered by the child-in-care abuse definitions (for example, employees, volunteers, contractors, operators and residents of the foster home) and explicitly exclude parents and ODHS employees acting within scope except in allegations of the most serious abuse. Committee members asked for further clarifications and said they would accept modest technical fixes (a planned dash-9) to remove problematic wording (including a disability-related phrasing and the notification timing language). SB 15-34 was carried over to Thursday, Feb. 12 for those technical corrections and pending fiscal review.
