Oregon 2025 Regular Session

Oregon Senate Bill SB1104

Introduced
2/27/25  

Caption

Relating to accountability for child welfare employees.

Impact

The implementation of SB 1104 significantly alters the landscape of child welfare law in Oregon. By raising the burden of proof required to keep a child in protective custody, the bill aims to reduce the number of unjustified removals and promote more timely reunification with families. The changes are particularly focused on increasing the responsibility of DHS employees to adhere to court orders, thereby holding them accountable for their actions. This bill effectively emphasizes the importance of evidence-based decision-making within child protective services, aiming to prioritize family reunification wherever it is deemed safe and appropriate.

Summary

Senate Bill 1104 seeks to enhance accountability for child welfare employees by establishing clearer standards regarding the return of children taken into protective custody. The bill mandates that a court must order the return of a child if clear and convincing evidence does not support keeping the child away from their parent or guardian. Moreover, it expands the definition of kidnapping to include instances where Department of Human Services (DHS) employees fail to comply with such court orders, classifying this failure as kidnapping in the second degree. These modifications aim to ensure that children's rights are protected and that the state exercises its powers judiciously when intervening in family matters.

Sentiment

The reactions to SB 1104 have been mixed within legislative discussions. Proponents argue that the bill is a necessary step toward ensuring that children are not wrongfully kept away from their families without sufficient justification. They see it as a significant improvement in protecting the rights of children and their parents. Conversely, opponents express concern that elevating the burden of proof may lead to situations where children remain in unsafe environments due to hesitancy to act without definitive evidence. This sentiment reflects a broader debate on the balance between child protection efforts and parental rights.

Contention

The most notable points of contention surrounding SB 1104 center on the implications of expanding the definition of kidnapping. While supporters view this as a crucial accountability measure, critics argue that it could expose DHS workers to legal repercussions for making difficult decisions in challenging situations. The nuances of each case involving protective custody can vary widely, and stakeholders worry that this shift could deter employees from acting decisively when faced with potentially harmful family situations.

Companion Bills

No companion bills found.

Previously Filed As

OR SB209

Relating to confidentiality of child welfare records.

OR SB230

Relating to interstate placement of children.

OR HB2429

Relating to court-appointed counsel.

OR SB208

Relating to termination of guardianships for wards.

OR HB2664

Relating to child welfare.

OR SB865

Relating to children in substitute care; and declaring an emergency.

OR HB3558

Relating to child care; and declaring an emergency.

OR SB93

Relating to the Department of Human Services; and declaring an emergency.

OR HB4086

Relating to children; declaring an emergency.

OR SB816

Relating to the duration of restraining orders.

Similar Bills

IL HB3764

CRIM PRO-UNFIT DEFENDANT

CA AB1525

Attorneys: discipline: sensitive services.

CA SB1145

Juveniles: placement.

NJ A3600

Increases the frequency of permanency hearing from every 12 months to every six months.

NJ A2253

Increases the frequency of permanency hearing from every 12 months to every six months.

NH SB417

Relative to out-of-home placements for children.

CA SB116

Human services.

AZ SB1458

Congregate care; dependent children; procedures