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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1112
Sponsored by Senator GELSER BLOUIN
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act describes when DHS may admit a child in its care for inpatient or residential
treatment. (Flesch Readability Score: 65.1).
Prescribes when the Department of Human Services may admit a child in the department’s care
or custody for inpatient or residential treatment as opposed to placement in a congregate care res-
idential setting.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to Department of Human Services admissions of children for treatment; creating new pro-
visions; amending ORS 418.257; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) In addition to any other procedures required by law for the parent or
guardian of a child under 18 years of age to admit the child for inpatient or residential
treatment, the Department of Human Services may admit a child in its care or custody for
inpatient or residential treatment only if:
(a) A licensed health professional has conducted a thorough in-person evaluation of the
child and concluded that inpatient or residential treatment for the child is medically neces-
sary;
(b) The inpatient or residential facility is licensed or certified by the Oregon Health Au-
thority or its equivalent in the state in which the care is provided;
(c) The inpatient or residential treatment will be provided by a provider that is regulated
by the authority or its equivalent in the state in which the care is provided;
(d) The authority has authorized the admission and authorized payment through the
Medicaid state plan; and
(e) The child has an ongoing placement with a family in an adjudicated youth foster
home, certified foster home or proctor foster home to which it is expected the child will re-
turn upon being discharged from the inpatient or residential treatment facility.
(2) In addition to the requirements under subsection (1) of this section and
notwithstanding ORS 418.321, the department may admit a child in its care or custody to an
out-of-state facility for inpatient or residential treatment only if the facility is a hospital, as
defined in ORS 442.015, and:
(a) The child’s physician ordered the inpatient or residential treatment;
(b) The inpatient or residential treatment is not available in this state or the hospital is
located within 60 miles of any border of this state and is the closest available hospital to the
child;
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4492 SB1112
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(c) The child’s physician has concluded that hospital admission is medically necessary and
appropriate;and
(d) The department provides the child’s foster parent with supports that are necessary
to enable the foster parent to maintain regular, in-person contact with the child and partic-
ipation in the child’s care and treatment while the child is receiving treatment out-of-state.
(3) Admission of a child for inpatient or residential treatment as provided in subsection
(1) or (2) of this section is not a placement for purposes of ORS chapter 418 and does not
alter the child’s status as a child in care as defined in ORS 418.257.
(4)(a) Subsection (1) or (2) of this section does not apply if the admission for inpatient
or residential treatment is also a residential placement.
(b) For purposes of this section, an admission for inpatient or residential treatment is a
residential placement if the facility will provide 24-hour care to the child and the child does
not have an ongoing placement with a family in an adjudicated youth foster home, certified
foster home or proctor foster home to which it is expected the child will return upon being
discharged from the inpatient or residential treatment facility.
(5) The evaluation required under subsection (1) of this section:
(a) Must be related to the child’s needs or condition that the licensed health professional
has been retained to treat;
(b) May not be conducted for the primary purpose of placing the child in a congregate
care residential setting, as defined in ORS 418.322; and
(c) May not be conducted at the direction of the department, the authority or a coordi-
nated care organization.
(6) As used in this section:
(a) “Adjudicated youth foster home” means a foster home certified by the Oregon Youth
Authority under ORS 420.888 to 420.892.
(b) “Certified foster home” means a foster home certified by the Department of Human
Services and subject to ORS 418.625 to 418.645.
(c) “Foster parent” means the operator of a certified foster home, proctor foster home
or adjudicated youth foster home.
(d) “Proctor foster home” means a foster home certified by a child-caring agency under
ORS 418.248 that is not a certified foster home.
SECTION 2. ORS 418.257 is amended to read:
418.257. As used in ORS 418.257 to 418.259:
(1) “Abuse” means one or more of the following:
(a) Any physical injury to a child in care caused by other than accidental means, or that appears
to be at variance with the explanation given of the injury.
(b) Neglect of a child in care.
(c) Abandonment, including desertion or willful forsaking of a child in care or the withdrawal
or neglect of duties and obligations owed a child in care by a child-caring agency, caretaker, certi-
fied foster home, developmental disabilities residential facility or other person.
(d) Willful infliction of physical pain or injury upon a child in care.
(e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427,
163.465, 163.467 or 163.525.
(f) Verbal abuse.
(g) Financial exploitation.
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(h) Sexual abuse.
(i) The use of restraint or involuntary seclusion of a child in care in violation of ORS 418.521
or418.523.
(2) “Certified foster home” means a foster home certified by the Department of Human Services
and subject to ORS 418.625 to 418.645.
(3)(a) “Child in care” means a person under 21 years of age who is residing in, including any
period of temporary absence, or receiving care or services from:
(A) A child-caring agency or proctor foster home subject to ORS 418.205 to 418.327, 418.470,
418.475 or 418.950 to 418.970;
(B) A certified foster home; or
(C) A developmental disabilities residential facility.
(b) “Child in care” does not include a person under 21 years of age who is residing in any of
the entities listed in paragraph (a) of this subsection when the care provided is in the home of the
child by the child’s parent.
(4) “Developmental disabilities residential facility” means a residential facility or foster home
for children who are 17 years of age or younger and receiving developmental disability services that
is subject to ORS 443.400 to 443.455, 443.830 and 443.835.
(5)(a) “Financial exploitation” means:
(A) Wrongfully taking the assets, funds or property belonging to or intended for the use of a
child in care.
(B) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys
or property of the child in care if the child would reasonably believe that the threat conveyed would
be carried out.
(C) Misappropriating, misusing or transferring without authorization any moneys from any ac-
count held jointly or singly by a child in care.
(D) Failing to use the income or assets of a child in care effectively for the support and main-
tenance of the child in care.
(b) “Financial exploitation” does not include age-appropriate discipline that may involve the
threat to withhold, or the withholding of, privileges.
(6) “Intimidation” means compelling or deterring conduct by threat. “Intimidation” does not in-
clude age-appropriate discipline that may involve the threat to withhold privileges.
(7) “Involuntary seclusion” has the meaning given that term in ORS 418.519.
(8) “Law enforcement agency” means:
(a) Any city or municipal police department.
(b) Any county sheriff’s office.
(c) The Oregon State Police.
(d) Any district attorney.
(e) A police department established by a university under ORS 352.121 or 353.125.
(9) “Neglect” means:
(a) Failure to provide the care, supervision or services necessary to maintain the physical and
mental health of a child in care; or
(b) The failure of a child-caring agency, proctor foster home, certified foster home, develop-
mental disabilities residential facility, caretaker or other person to make a reasonable effort to
protect a child in care from abuse.
(10) “Restraint” has the meaning given that term in ORS 418.519.
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(11) “Services” includes but is not limited to the provision of food, clothing, medicine, housing,
medical services, assistance with bathing or personal hygiene or any other service essential to the
well-being of a child in care.
(12) “Sexual abuse” means:
(a) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit mate-
rial or language;
(b) Any sexual contact between a child in care and an employee of a child-caring agency,
proctor foster home, certified foster home, developmental disabilities residential facility, caretaker
or other person responsible for the provision of care or services to a child in care;
(c) Any sexual contact between a person and a child in care that is unlawful under ORS chapter
163 and not subject to a defense under that chapter; or
(d) Any sexual contact that is achieved through force, trickery, threat or coercion.
(13) “Sexual contact” has the meaning given that term in ORS 163.305.
(14) “Sexual exploitation” means sexual exploitation as described in ORS 419B.005 (1)(a)(E).
(15) “Verbal abuse” means to threaten significant physical or emotional harm to a child in care
through the use of:
(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate
sexualcomments.
SECTION 3. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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