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-83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
-A-Engrossed
-House Bill 4059
-Ordered by the House February 16
-Including House Amendments dated February 16
-Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
-on Early Childhood and Human Services for Representative Annessa Hartman)
-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. The statement includes a measure digest written in compliance with applicable readability standards.
-Digest: The Act changes what “abuse” means when talking about hurting a child. It says
-that DHS can only look into some reports of child abuse. It also makes a rule for how certain
-reports of child abuse are resolved. It is an emergency law and starts right away. (Flesch
-Readability Score: 76.5).
-[Digest: The Act changes what “threatened harm” means when talking about hurting a child. It
-says that DHS can only look into some reports of child abuse. It also makes a rule for how certain
-reports of child abuse are resolved. It is an emergency law and starts right away. (Flesch Readability
-Score: 78.7). ]
-Modifies the definition of [ “threatened harm” ] “abuse” for purposes of determining whether a
-child has been abused.
-Limits the investigative jurisdiction of the Department of Human Services to investigate certain
-reports of child abuse.
-Prohibits making findings in abuse investigations where the alleged perpetrator was a
-minor at the time of the alleged abuse. Creates exceptions.
-[Creates a statutory substantiation standard for certain reports of alleged child abuse. ]
-Increases the standard of proof necessary for reporting certain abuse investigation
-findings to the central state registry.
-Directs the department to monitor implementation of new child abuse investigation pro-
-cesses and report back to the interim committees of the Legislative Assembly relating to
-human services.
-Declares an emergency, effective on passage.
-A BILL FOR AN ACT
-Relating to child abuse; creating new provisions; amending ORS 339.389, 409.185, 418.259, 419B.005,
-419B.015, 419B.020, 419B.026 and 419B.030; and declaring an emergency.
-Be It Enacted by the People of the State of Oregon:
-THREATENED HARM
-SECTION 1.
- ORS 419B.005 is amended to read:
-419B.005. As used in ORS 419B.005 to 419B.050, unless the context requires otherwise:
-(1)(a) “Abuse” means:
-(A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child that
-has been caused by other than accidental means, including any injury that appears to be at variance
-with the explanation given of the injury.
-(B) Any mental injury to a child, which shall include only cruel or unconscionable acts or
-statements made, or threatened to be made, to a child if the acts, statements or threats result in
-severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.
-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 266
-A-Eng. HB 4059
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-(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual pene-
-tration and incest, as those acts are described in ORS chapter 163.
-(D) Sexual abuse[ , as described in ORS chapter 163. ] of a child or placing a child at substan-
-tial risk of sexual abuse.
-(E) Sexual exploitation, including but not limited to:
-(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any
-other conduct that allows, employs, authorizes, permits, induces or encourages a child to engage in
-the performing for people to observe or the photographing, filming, tape recording or other exhibi-
-tion that, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or de-
-scribed in ORS 163.665 and 163.670, sexual abuse involving a child or rape of a child, but not
-including any conduct that is part of any investigation conducted pursuant to ORS 419B.020 or that
-is designed to serve educational or other legitimate purposes; and
-(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in
-ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as
-described in ORS 163.413 or to engage in commercial sexual solicitation as described in ORS 167.008.
-(F) Negligent treatment or maltreatment of a child, including but not limited to the failure to
-provide adequate food, clothing, shelter or medical care that is likely to endanger the health or
-welfare of the child.
-[(G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm to
-the child’s health or welfare. ]
-(G) Threatened harm to a child, which means subjecting a child to a risk of severe harm
-to the child’s health or welfare if the harm is reasonably likely to occur in the near future.
-(H) Buying or selling a person under 18 years of age as described in ORS 163.537.
-(I) Permitting a person under 18 years of age to enter or remain in or upon premises where
-methamphetamines are being manufactured.
-(J) Unlawful exposure to a controlled substance, as defined in ORS 475.005, or to the unlawful
-manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a sub-
-stantial risk of harm to the child’s health or safety.
-(K) The restraint or seclusion of a child in violation of ORS 339.285, 339.288, 339.291, 339.303
-or 339.308.
-(L) The infliction of corporal punishment on a child in violation of ORS 339.250 (9).
-(M) Causing a child to witness:
-(i) The abuse of the child’s sibling or another child in the child’s household; or
-(ii) Domestic violence as defined in ORS 135.230 involving the child’s parent or another
-person in the child’s household.
-(b) “Abuse” does not include reasonable discipline unless the discipline results in one of the
-conditions described in paragraph (a) of this subsection.
-(2) “Child” means an unmarried person who:
-(a) Is under 18 years of age; or
-(b) Is a child in care, as defined in ORS 418.257.
-(3) “Higher education institution” means:
-(a) A community college as defined in ORS 341.005;
-(b) A public university listed in ORS 352.002;
-(c) The Oregon Health and Science University; and
-(d) A private institution of higher education located in Oregon.
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-(4)(a) “Investigation” means a detailed inquiry into or assessment of the safety of a child alleged
-to have experienced abuse.
-(b) “Investigation” does not include screening activities conducted upon the receipt of a report.
-(5) “Law enforcement agency” means:
-(a) A city or municipal police department.
-(b) A county sheriff’s office.
-(c) The Oregon State Police.
-(d) A police department established by a university under ORS 352.121 or 353.125.
-(e) A county juvenile department.
-(6) “Public or private official” means:
-(a) Physician or physician associate licensed under ORS chapter 677 or naturopathic physician,
-including any intern or resident.
-(b) Dentist.
-(c) School employee, including an employee of a higher education institution.
-(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide
-or employee of an in-home health service.
-(e) Employee of the Department of Human Services, Oregon Health Authority, Department of
-Early Learning and Care, Department of Education, Youth Development Division, the Oregon Youth
-Authority, a local health department, a community mental health program, a community develop-
-mental disabilities program, a county juvenile department, a child-caring agency as that term is de-
-fined in ORS 418.205 or an alcohol and drug treatment program.
-(f) Peace officer.
-(g) Psychologist.
-(h) Member of the clergy.
-(i) Regulated social worker.
-(j) Optometrist.
-(k) Chiropractor.
-(L) Certified provider of foster care, or an employee thereof.
-(m) Attorney.
-(n) Licensed professional counselor.
-(o) Licensed marriage and family therapist.
-(p) Firefighter or emergency medical services provider.
-(q) Court appointed special advocate, as defined in ORS 419A.004.
-(r) Child care provider registered or certified under ORS 329A.250 to 329A.450.
-(s) Elected official of a branch of government of this state or a state agency, board, commission
-or department of a branch of government of this state or of a city, county or other political subdi-
-vision in this state.
-(t) Physical, speech or occupational therapist.
-(u) Audiologist.
-(v) Speech-language pathologist.
-(w) Employee of the Teacher Standards and Practices Commission directly involved in investi-
-gations or discipline by the commission.
-(x) Pharmacist.
-(y) Operator of a preschool recorded program under ORS 329A.255.
-(z) Operator of a school-age recorded program under ORS 329A.255.
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-(aa) Employee of a private agency or organization facilitating the provision of respite services,
-as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS
-109.056.
-(bb) Employee of a public or private organization providing child-related services or activities:
-(A) Including but not limited to an employee of a:
-(i) Youth group or center;
-(ii) Scout group or camp;
-(iii) Summer or day camp;
-(iv) Survival camp; or
-(v) Group, center or camp that is operated under the guidance, supervision or auspices of a re-
-ligious, public or private educational system or a community service organization; and
-(B) Excluding an employee of a qualified victim services program as defined in ORS 147.600 that
-provides confidential, direct services to victims of domestic violence, sexual assault, stalking or hu-
-man trafficking.
-(cc) Coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete,
-if compensated and if the athlete is a child.
-(dd) Personal support worker, as defined in ORS 410.600.
-(ee) Home care worker, as defined in ORS 410.600.
-(ff) Animal control officer, as defined in ORS 609.500.
-(gg) Member of a school district board, an education service district board or a public charter
-school governing body.
-(hh) Individual who is paid by a public body, in accordance with ORS 430.215, to provide a ser-
-vice identified in an individualized service plan of a child with a developmental disability.
-(ii) Referral agent, as defined in ORS 418.351.
-(jj) Parole and probation officer, as defined in ORS 181A.355.
-(kk) Behavior analyst or assistant behavior analyst licensed under ORS 676.810 or behavior
-analysis interventionist registered by the Health Licensing Office under ORS 676.815.
-(LL) Massage therapist, as defined in ORS 687.011.
-(7) “Severe harm” means:
-(a) Life-threatening damage; or
-(b) Significant or acute injury to a child’s physical, sexual or psychological functioning.
-(8) “Sexual abuse” means sexual abuse as described in ORS chapter 163.
-SECTION 2.
- ORS 419B.005, as amended by section 6, chapter 581, Oregon Laws 2023, section
-65, chapter 73, Oregon Laws 2024, and section 10, chapter 308, Oregon Laws 2025, is amended to
-read:
-419B.005. As used in ORS 419B.005 to 419B.050, unless the context requires otherwise:
-(1)(a) “Abuse” means:
-(A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child that
-has been caused by other than accidental means, including any injury that appears to be at variance
-with the explanation given of the injury.
-(B) Any mental injury to a child, which shall include only cruel or unconscionable acts or
-statements made, or threatened to be made, to a child if the acts, statements or threats result in
-severe harm to the child’s psychological, cognitive, emotional or social well-being and functioning.
-(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual pene-
-tration and incest, as those acts are described in ORS chapter 163.
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-(D) Sexual abuse[ , as described in ORS chapter 163. ] of a child or placing a child at substan-
-tial risk of sexual abuse.
-(E) Sexual exploitation, including but not limited to:
-(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any
-other conduct that allows, employs, authorizes, permits, induces or encourages a child to engage in
-the performing for people to observe or the photographing, filming, tape recording or other exhibi-
-tion that, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or de-
-scribed in ORS 163.665 and 163.670, sexual abuse involving a child or rape of a child, but not
-including any conduct that is part of any investigation conducted pursuant to ORS 419B.020 or that
-is designed to serve educational or other legitimate purposes; and
-(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in
-ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as
-described in ORS 163.413 or to engage in commercial sexual solicitation as described in ORS 167.008.
-(F) Negligent treatment or maltreatment of a child, including but not limited to the failure to
-provide adequate food, clothing, shelter or medical care that is likely to endanger the health or
-welfare of the child.
-[(G) Threatened harm to a child, which means subjecting a child to a substantial risk of harm to
-the child’s health or welfare. ]
-(G) Threatened harm to a child, which means subjecting a child to a risk of severe harm
-to the child’s health or welfare if the harm is reasonably likely to occur in the near future.
-(H) Buying or selling a person under 18 years of age as described in ORS 163.537.
-(I) Permitting a person under 18 years of age to enter or remain in or upon premises where
-methamphetamines are being manufactured.
-(J) Unlawful exposure to a controlled substance, as defined in ORS 475.005, or to the unlawful
-manufacturing of a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a sub-
-stantial risk of harm to the child’s health or safety.
-(K) The infliction of corporal punishment on a child in violation of ORS 339.250 (9).
-(L) Causing a child to witness:
-(i) The abuse of the child’s sibling or another child in the child’s household; or
-(ii) Domestic violence as defined in ORS 135.230 involving the child’s parent or another
-person in the child’s household.
-(b) “Abuse” does not include reasonable discipline unless the discipline results in one of the
-conditions described in paragraph (a) of this subsection.
-(2) “Child” means an unmarried person who:
-(a) Is under 18 years of age; or
-(b) Is a child in care, as defined in ORS 418.257.
-(3) “Higher education institution” means:
-(a) A community college as defined in ORS 341.005;
-(b) A public university listed in ORS 352.002;
-(c) The Oregon Health and Science University; and
-(d) A private institution of higher education located in Oregon.
-(4)(a) “Investigation” means a detailed inquiry into or assessment of the safety of a child alleged
-to have experienced abuse.
-(b) “Investigation” does not include screening activities conducted upon the receipt of a report.
-(5) “Law enforcement agency” means:
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-(a) A city or municipal police department.
-(b) A county sheriff’s office.
-(c) The Oregon State Police.
-(d) A police department established by a university under ORS 352.121 or 353.125.
-(e) A county juvenile department.
-(6) “Public or private official” means:
-(a) Physician or physician associate licensed under ORS chapter 677 or naturopathic physician,
-including any intern or resident.
-(b) Dentist.
-(c) School employee, including an employee of a higher education institution.
-(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide
-or employee of an in-home health service.
-(e) Employee of the Department of Human Services, Oregon Health Authority, Department of
-Early Learning and Care, Department of Education, Youth Development Division, the Oregon Youth
-Authority, a local health department, a community mental health program, a community develop-
-mental disabilities program, a county juvenile department, a child-caring agency as that term is de-
-fined in ORS 418.205 or an alcohol and drug treatment program.
-(f) Peace officer.
-(g) Psychologist.
-(h) Member of the clergy.
-(i) Regulated social worker.
-(j) Optometrist.
-(k) Chiropractor.
-(L) Certified provider of foster care, or an employee thereof.
-(m) Attorney.
-(n) Licensed professional counselor.
-(o) Licensed marriage and family therapist.
-(p) Firefighter or emergency medical services provider.
-(q) Court appointed special advocate, as defined in ORS 419A.004.
-(r) Child care provider registered or certified under ORS 329A.250 to 329A.450.
-(s) Elected official of a branch of government of this state or a state agency, board, commission
-or department of a branch of government of this state or of a city, county or other political subdi-
-vision in this state.
-(t) Physical, speech or occupational therapist.
-(u) Audiologist.
-(v) Speech-language pathologist.
-(w) Employee of the Teacher Standards and Practices Commission directly involved in investi-
-gations or discipline by the commission.
-(x) Pharmacist.
-(y) Operator of a preschool recorded program under ORS 329A.255.
-(z) Operator of a school-age recorded program under ORS 329A.255.
-(aa) Employee of a private agency or organization facilitating the provision of respite services,
-as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS
-109.056.
-(bb) Employee of a public or private organization providing child-related services or activities:
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-(A) Including but not limited to an employee of a:
-(i) Youth group or center;
-(ii) Scout group or camp;
-(iii) Summer or day camp;
-(iv) Survival camp; or
-(v) Group, center or camp that is operated under the guidance, supervision or auspices of a re-
-ligious, public or private educational system or a community service organization; and
-(B) Excluding an employee of a qualified victim services program as defined in ORS 147.600 that
-provides confidential, direct services to victims of domestic violence, sexual assault, stalking or hu-
-man trafficking.
-(cc) Coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete,
-if compensated and if the athlete is a child.
-(dd) Personal support worker, as defined in ORS 410.600.
-(ee) Home care worker, as defined in ORS 410.600.
-(ff) Animal control officer, as defined in ORS 609.500.
-(gg) Member of a school district board, an education service district board or a public charter
-school governing body.
-(hh) Individual who is paid by a public body, in accordance with ORS 430.215, to provide a ser-
-vice identified in an individualized service plan of a child with a developmental disability.
-(ii) Referral agent, as defined in ORS 418.351.
-(jj) Parole and probation officer, as defined in ORS 181A.355.
-(kk) Behavior analyst or assistant behavior analyst licensed under ORS 676.810 or behavior
-analysis interventionist registered by the Health Licensing Office under ORS 676.815.
-(LL) Massage therapist, as defined in ORS 687.011.
-(7) “Severe harm” means:
-(a) Life-threatening damage; or
-(b) Significant or acute injury to a child’s physical, sexual or psychological functioning.
-(8) “Sexual abuse” means sexual abuse as described in ORS chapter 163.
-CHILD ABUSE INVESTIGATIONS
-SECTION 3.
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+HB 4059-4
+(LC 266)
+2/11/26 (LAS/ps)
+Requested by HOUSE COMMITTEE ON EARLY CHILDHOOD AND HUMAN SERVICES (at the
+request of Representative Annessa Hartman)
+PROPOSED AMENDMENTS TO
+HOUSE BILL 4059
+On page 1
+ of the printed bill, line 2, after “409.185,” insert “418.259,”.
+Delete line 3 and insert “419B.020 and 419B.026; and declaring an emer-
+gency.”.
+Delete lines 5 through 25 and delete pages 2 through 12 and insert:
+“ THREATENED HARM
+“SECTION 1. ORS 419B.005 is amended to read:
+“419B.005. As used in ORS 419B.005 to 419B.050, unless the context re-
+quires otherwise:
+“(1)(a) ‘Abuse’ means:
+“(A) Any assault, as defined in ORS chapter 163, of a child and any
+physical injury to a child that has been caused by other than accidental
+means, including any injury that appears to be at variance with the expla-
+nation given of the injury.
+“(B) Any mental injury to a child, which shall include only cruel or
+unconscionable acts or statements made, or threatened to be made, to a child
+if the acts, statements or threats result in severe harm to the child’s psy-
+chological, cognitive, emotional or social well-being and functioning.
+“(C) Rape of a child, which includes but is not limited to rape, sodomy,
+unlawful sexual penetration and incest, as those acts are described in ORS
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+chapter 163.
+“(D) Sexual abuse[ , as described in ORS chapter 163. ] of a child or
+placing a child at substantial risk of sexual abuse.
+“(E) Sexual exploitation, including but not limited to:
+“(i) Contributing to the sexual delinquency of a minor, as defined in ORS
+chapter 163, and any other conduct that allows, employs, authorizes, permits,
+induces or encourages a child to engage in the performing for people to ob-
+serve or the photographing, filming, tape recording or other exhibition that,
+in whole or in part, depicts sexual conduct or contact, as defined in ORS
+167.002 or described in ORS 163.665 and 163.670, sexual abuse involving a
+child or rape of a child, but not including any conduct that is part of any
+investigation conducted pursuant to ORS 419B.020 or that is designed to
+serve educational or other legitimate purposes; and
+“(ii) Allowing, permitting, encouraging or hiring a child to engage in
+prostitution as described in ORS 167.007 or a commercial sex act as defined
+in ORS 163.266, to purchase sex with a minor as described in ORS 163.413
+or to engage in commercial sexual solicitation as described in ORS 167.008.
+“(F) Negligent treatment or maltreatment of a child, including but not
+limited to the failure to provide adequate food, clothing, shelter or medical
+care that is likely to endanger the health or welfare of the child.
+“[ (G) Threatened harm to a child, which means subjecting a child to a
+substantial risk of harm to the child’s health or welfare. ]
+“ (G) Threatened harm to a child, which means subjecting a child
+to a risk of severe harm to the child’s health or welfare if the harm
+is reasonably likely to occur in the near future.
+“(H) Buying or selling a person under 18 years of age as described in ORS
+163.537.
+“(I) Permitting a person under 18 years of age to enter or remain in or
+upon premises where methamphetamines are being manufactured.
+“(J) Unlawful exposure to a controlled substance, as defined in ORS
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 2
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+475.005, or to the unlawful manufacturing of a cannabinoid extract, as de-
+fined in ORS 475C.009, that subjects a child to a substantial risk of harm to
+the child’s health or safety.
+“(K) The restraint or seclusion of a child in violation of ORS 339.285,
+339.288, 339.291, 339.303 or 339.308.
+“(L) The infliction of corporal punishment on a child in violation of ORS
+339.250 (9).
+“ (M) Causing a child to witness:
+“(i) The abuse of the child’s sibling or another child in the child’s
+household; or
+“(ii) Domestic violence as defined in ORS 135.230 involving the
+child’s parent or another person in the child’s household.
+“(b) ‘Abuse’ does not include reasonable discipline unless the discipline
+results in one of the conditions described in paragraph (a) of this subsection.
+“(2) ‘Child’ means an unmarried person who:
+“(a) Is under 18 years of age; or
+“(b) Is a child in care, as defined in ORS 418.257.
+“(3) ‘Higher education institution’ means:
+“(a) A community college as defined in ORS 341.005;
+“(b) A public university listed in ORS 352.002;
+“(c) The Oregon Health and Science University; and
+“(d) A private institution of higher education located in Oregon.
+“(4)(a) ‘Investigation’ means a detailed inquiry into or assessment of the
+safety of a child alleged to have experienced abuse.
+“(b) ‘Investigation’ does not include screening activities conducted upon
+the receipt of a report.
+“(5) ‘Law enforcement agency’ means:
+“(a) A city or municipal police department.
+“(b) A county sheriff’s office.
+“(c) The Oregon State Police.
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+“(d) A police department established by a university under ORS 352.121
+or 353.125.
+“(e) A county juvenile department.
+“(6) ‘Public or private official’ means:
+“(a) Physician or physician associate licensed under ORS chapter 677 or
+naturopathic physician, including any intern or resident.
+“(b) Dentist.
+“(c) School employee, including an employee of a higher education insti-
+tution.
+“(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s
+aide, home health aide or employee of an in-home health service.
+“(e) Employee of the Department of Human Services, Oregon Health Au-
+thority, Department of Early Learning and Care, Department of Education,
+Youth Development Division, the Oregon Youth Authority, a local health
+department, a community mental health program, a community develop-
+mental disabilities program, a county juvenile department, a child-caring
+agency as that term is defined in ORS 418.205 or an alcohol and drug treat-
+ment program.
+“(f) Peace officer.
+“(g) Psychologist.
+“(h) Member of the clergy.
+“(i) Regulated social worker.
+“(j) Optometrist.
+“(k) Chiropractor.
+“(L) Certified provider of foster care, or an employee thereof.
+“(m) Attorney.
+“(n) Licensed professional counselor.
+“(o) Licensed marriage and family therapist.
+“(p) Firefighter or emergency medical services provider.
+“(q) Court appointed special advocate, as defined in ORS 419A.004.
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+“(r) Child care provider registered or certified under ORS 329A.250 to
+329A.450.
+“(s) Elected official of a branch of government of this state or a state
+agency, board, commission or department of a branch of government of this
+state or of a city, county or other political subdivision in this state.
+“(t) Physical, speech or occupational therapist.
+“(u) Audiologist.
+“(v) Speech-language pathologist.
+“(w) Employee of the Teacher Standards and Practices Commission di-
+rectly involved in investigations or discipline by the commission.
+“(x) Pharmacist.
+“(y) Operator of a preschool recorded program under ORS 329A.255.
+“(z) Operator of a school-age recorded program under ORS 329A.255.
+“(aa) Employee of a private agency or organization facilitating the pro-
+vision of respite services, as defined in ORS 418.205, for parents pursuant to
+a properly executed power of attorney under ORS 109.056.
+“(bb) Employee of a public or private organization providing child-related
+services or activities:
+“(A) Including but not limited to an employee of a:
+“(i) Youth group or center;
+“(ii) Scout group or camp;
+“(iii) Summer or day camp;
+“(iv) Survival camp; or
+“(v) Group, center or camp that is operated under the guidance, super-
+vision or auspices of a religious, public or private educational system or a
+community service organization; and
+“(B) Excluding an employee of a qualified victim services program as de-
+fined in ORS 147.600 that provides confidential, direct services to victims of
+domestic violence, sexual assault, stalking or human trafficking.
+“(cc) Coach, assistant coach or trainer of an amateur, semiprofessional
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+or professional athlete, if compensated and if the athlete is a child.
+“(dd) Personal support worker, as defined in ORS 410.600.
+“(ee) Home care worker, as defined in ORS 410.600.
+“(ff) Animal control officer, as defined in ORS 609.500.
+“(gg) Member of a school district board, an education service district
+board or a public charter school governing body.
+“(hh) Individual who is paid by a public body, in accordance with ORS
+430.215, to provide a service identified in an individualized service plan of a
+child with a developmental disability.
+“(ii) Referral agent, as defined in ORS 418.351.
+“(jj) Parole and probation officer, as defined in ORS 181A.355.
+“(kk) Behavior analyst or assistant behavior analyst licensed under ORS
+676.810 or behavior analysis interventionist registered by the Health Licens-
+ing Office under ORS 676.815.
+“(LL) Massage therapist, as defined in ORS 687.011.
+“ (7) ‘Severe harm’ means:
+“(a) Life-threatening damage; or
+“(b) Significant or acute injury to a child’s physical, sexual or psy-
+chological functioning.
+“(8) ‘Sexual abuse’ means sexual abuse as described in ORS chapter
+163.
+“SECTION 2.
+ ORS 419B.005, as amended by section 6, chapter 581,
+Oregon Laws 2023, section 65, chapter 73, Oregon Laws 2024, and section 10,
+chapter 308, Oregon Laws 2025, is amended to read:
+“419B.005. As used in ORS 419B.005 to 419B.050, unless the context re-
+quires otherwise:
+“(1)(a) ‘Abuse’ means:
+“(A) Any assault, as defined in ORS chapter 163, of a child and any
+physical injury to a child that has been caused by other than accidental
+means, including any injury that appears to be at variance with the expla-
+ HB 4059-4 2/11/26
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+nation given of the injury.
+“(B) Any mental injury to a child, which shall include only cruel or
+unconscionable acts or statements made, or threatened to be made, to a child
+if the acts, statements or threats result in severe harm to the child’s psy-
+chological, cognitive, emotional or social well-being and functioning.
+“(C) Rape of a child, which includes but is not limited to rape, sodomy,
+unlawful sexual penetration and incest, as those acts are described in ORS
+chapter 163.
+“(D) Sexual abuse[ , as described in ORS chapter 163. ] of a child or
+placing a child at substantial risk of sexual abuse.
+“(E) Sexual exploitation, including but not limited to:
+“(i) Contributing to the sexual delinquency of a minor, as defined in ORS
+chapter 163, and any other conduct that allows, employs, authorizes, permits,
+induces or encourages a child to engage in the performing for people to ob-
+serve or the photographing, filming, tape recording or other exhibition that,
+in whole or in part, depicts sexual conduct or contact, as defined in ORS
+167.002 or described in ORS 163.665 and 163.670, sexual abuse involving a
+child or rape of a child, but not including any conduct that is part of any
+investigation conducted pursuant to ORS 419B.020 or that is designed to
+serve educational or other legitimate purposes; and
+“(ii) Allowing, permitting, encouraging or hiring a child to engage in
+prostitution as described in ORS 167.007 or a commercial sex act as defined
+in ORS 163.266, to purchase sex with a minor as described in ORS 163.413
+or to engage in commercial sexual solicitation as described in ORS 167.008.
+“(F) Negligent treatment or maltreatment of a child, including but not
+limited to the failure to provide adequate food, clothing, shelter or medical
+care that is likely to endanger the health or welfare of the child.
+“[ (G) Threatened harm to a child, which means subjecting a child to a
+substantial risk of harm to the child’s health or welfare. ]
+“ (G) Threatened harm to a child, which means subjecting a child
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+to a risk of severe harm to the child’s health or welfare if the harm
+is reasonably likely to occur in the near future.
+“(H) Buying or selling a person under 18 years of age as described in ORS
+163.537.
+“(I) Permitting a person under 18 years of age to enter or remain in or
+upon premises where methamphetamines are being manufactured.
+“(J) Unlawful exposure to a controlled substance, as defined in ORS
+475.005, or to the unlawful manufacturing of a cannabinoid extract, as de-
+fined in ORS 475C.009, that subjects a child to a substantial risk of harm to
+the child’s health or safety.
+“(K) The infliction of corporal punishment on a child in violation of ORS
+339.250(9).
+“ (L) Causing a child to witness:
+“(i) The abuse of the child’s sibling or another child in the child’s
+household; or
+“(ii) Domestic violence as defined in ORS 135.230 involving the
+child’s parent or another person in the child’s household.
+“(b) ‘Abuse’ does not include reasonable discipline unless the discipline
+results in one of the conditions described in paragraph (a) of this subsection.
+“(2) ‘Child’ means an unmarried person who:
+“(a) Is under 18 years of age; or
+“(b) Is a child in care, as defined in ORS 418.257.
+“(3) ‘Higher education institution’ means:
+“(a) A community college as defined in ORS 341.005;
+“(b) A public university listed in ORS 352.002;
+“(c) The Oregon Health and Science University; and
+“(d) A private institution of higher education located in Oregon.
+“(4)(a) ‘Investigation’ means a detailed inquiry into or assessment of the
+safety of a child alleged to have experienced abuse.
+“(b) ‘Investigation’ does not include screening activities conducted upon
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+the receipt of a report.
+“(5) ‘Law enforcement agency’ means:
+“(a) A city or municipal police department.
+“(b) A county sheriff’s office.
+“(c) The Oregon State Police.
+“(d) A police department established by a university under ORS 352.121
+or 353.125.
+“(e) A county juvenile department.
+“(6) ‘Public or private official’ means:
+“(a) Physician or physician associate licensed under ORS chapter 677 or
+naturopathic physician, including any intern or resident.
+“(b) Dentist.
+“(c) School employee, including an employee of a higher education insti-
+tution.
+“(d) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s
+aide, home health aide or employee of an in-home health service.
+“(e) Employee of the Department of Human Services, Oregon Health Au-
+thority, Department of Early Learning and Care, Department of Education,
+Youth Development Division, the Oregon Youth Authority, a local health
+department, a community mental health program, a community develop-
+mental disabilities program, a county juvenile department, a child-caring
+agency as that term is defined in ORS 418.205 or an alcohol and drug treat-
+ment program.
+“(f) Peace officer.
+“(g) Psychologist.
+“(h) Member of the clergy.
+“(i) Regulated social worker.
+“(j) Optometrist.
+“(k) Chiropractor.
+“(L) Certified provider of foster care, or an employee thereof.
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+“(m) Attorney.
+“(n) Licensed professional counselor.
+“(o) Licensed marriage and family therapist.
+“(p) Firefighter or emergency medical services provider.
+“(q) Court appointed special advocate, as defined in ORS 419A.004.
+“(r) Child care provider registered or certified under ORS 329A.250 to
+329A.450.
+“(s) Elected official of a branch of government of this state or a state
+agency, board, commission or department of a branch of government of this
+state or of a city, county or other political subdivision in this state.
+“(t) Physical, speech or occupational therapist.
+“(u) Audiologist.
+“(v) Speech-language pathologist.
+“(w) Employee of the Teacher Standards and Practices Commission di-
+rectly involved in investigations or discipline by the commission.
+“(x) Pharmacist.
+“(y) Operator of a preschool recorded program under ORS 329A.255.
+“(z) Operator of a school-age recorded program under ORS 329A.255.
+“(aa) Employee of a private agency or organization facilitating the pro-
+vision of respite services, as defined in ORS 418.205, for parents pursuant to
+a properly executed power of attorney under ORS 109.056.
+“(bb) Employee of a public or private organization providing child-related
+services or activities:
+“(A) Including but not limited to an employee of a:
+“(i) Youth group or center;
+“(ii) Scout group or camp;
+“(iii) Summer or day camp;
+“(iv) Survival camp; or
+“(v) Group, center or camp that is operated under the guidance, super-
+vision or auspices of a religious, public or private educational system or a
+ HB 4059-4 2/11/26
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+community service organization; and
+“(B) Excluding an employee of a qualified victim services program as de-
+fined in ORS 147.600 that provides confidential, direct services to victims of
+domestic violence, sexual assault, stalking or human trafficking.
+“(cc) Coach, assistant coach or trainer of an amateur, semiprofessional
+or professional athlete, if compensated and if the athlete is a child.
+“(dd) Personal support worker, as defined in ORS 410.600.
+“(ee) Home care worker, as defined in ORS 410.600.
+“(ff) Animal control officer, as defined in ORS 609.500.
+“(gg) Member of a school district board, an education service district
+board or a public charter school governing body.
+“(hh) Individual who is paid by a public body, in accordance with ORS
+430.215, to provide a service identified in an individualized service plan of a
+child with a developmental disability.
+“(ii) Referral agent, as defined in ORS 418.351.
+“(jj) Parole and probation officer, as defined in ORS 181A.355.
+“(kk) Behavior analyst or assistant behavior analyst licensed under ORS
+676.810 or behavior analysis interventionist registered by the Health Licens-
+ing Office under ORS 676.815.
+“(LL) Massage therapist, as defined in ORS 687.011.
+“ (7) ‘Severe harm’ means:
+“(a) Life-threatening damage; or
+“(b) Significant or acute injury to a child’s physical, sexual or psy-
+chological functioning.
+“(8) ‘Sexual abuse’ means sexual abuse as described in ORS chapter
+163.
+“ CHILD ABUSE INVESTIGATIONS
+“SECTION 3.
ORS 419B.015 is amended to read:
-419B.015. (1)(a) A person making a voluntary report of child abuse shall make an oral report to
-the Department of Human Services by telephone to the child abuse reporting hotline described in
-ORS 418.190 or to a law enforcement agency within the county where the person making the report
-is located at the time of the contact. A person making a report of child abuse that is required by
-ORS 419B.010 shall make the report to the department through the centralized child abuse reporting
-system described in ORS 418.190 or to a law enforcement agency within the county where the person
-making the report is located at the time of the contact. The report must contain, if known, the
-names and addresses of the child and the parents of the child or other persons responsible for care
-of the child, the child’s age, the nature and extent of the abuse, including any evidence of previous
-abuse, the explanation given for the abuse and any other information that the person making the
-report believes might be helpful in establishing the cause of the abuse and the identity of the
-perpetrator.
-(b)(A) When a report of alleged child abuse is received by the department, the department shall
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-notify a law enforcement agency within the county where the alleged abuse occurred or, if that
-county is unknown, the county where the child resides or, if that county is unknown, the county
-where the reporter came into contact with the child or the alleged perpetrator of the abuse.
-(B) 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 centralized child
-abuse reporting system described in ORS 418.190.
-(c) 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. Disclosure of information under this par-
-agraph is subject to ORS 419B.035 (7).
-(d) 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, shall make the
-following notifications:
-(A) To the Department of Early Learning and Care, if the alleged child abuse occurred
-in a child care facility as defined in ORS 329A.250; or
-(B) To the Department of Education, if the alleged child abuse occurred in a school, was
-related to a school-sponsored activity or was conduct that may be subject to actions taken
-by the Department of Education under ORS 339.370 to 339.400.
-(2) When a report of alleged child abuse is received under subsection (1)(a) of this section, the
-entity receiving the report shall make the notification required by subsection (1)(b) of this section
-according to rules adopted by the Department of Human Services under ORS 419B.017.
-(3)(a) When a report alleging that a child or ward in substitute care may have been subjected
-to abuse is received by the department, the department shall notify the attorney for the child or
-ward, the child’s or ward’s court appointed special advocate, the parents of the child or ward and
-any attorney representing a parent of the child or ward that a report has been received.
-(b) The name and address of and other identifying information about the person who made the
-report may not be disclosed under this subsection. Any person or entity to whom notification is
-made under this subsection may not release any information not authorized by this subsection.
-(c) The department shall make the notification required by this subsection within three business
-days of receiving the report of alleged child abuse.
-(d) Notwithstanding the obligation imposed by this subsection, the department is not required
-under this subsection to notify the parent or parent’s attorney that a report of alleged child abuse
-has been received if the notification may interfere with an investigation or assessment or jeopardize
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+“419B.015. (1)(a) A person making a voluntary report of child abuse shall
+make an oral report to the Department of Human Services by telephone to
+the child abuse reporting hotline described in ORS 418.190 or to a law
+enforcement agency within the county where the person making the report
+is located at the time of the contact. A person making a report of child abuse
+that is required by ORS 419B.010 shall make the report to the department
+through the centralized child abuse reporting system described in ORS
+418.190 or to a law enforcement agency within the county where the person
+making the report is located at the time of the contact. The report must
+contain, if known, the names and addresses of the child and the parents of
+the child or other persons responsible for care of the child, the child’s age,
+the nature and extent of the abuse, including any evidence of previous abuse,
+the explanation given for the abuse and any other information that the per-
+son making the report believes might be helpful in establishing the cause of
+the abuse and the identity of the perpetrator.
+“(b)(A) When a report of alleged child abuse is received by the depart-
+ment, the department shall notify a law enforcement agency within the
+county where the alleged abuse occurred or, if that county is unknown, the
+county where the child resides or, if that county is unknown, the county
+where the reporter came into contact with the child or the alleged
+perpetrator of the abuse.
+“(B) When a report of alleged child abuse is received by a law enforce-
+ment agency, the agency shall notify the department by making a report of
+the alleged child abuse to the centralized child abuse reporting system de-
+scribed in ORS 418.190.
+“(c) 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. Disclosure of infor-
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+mation under this paragraph is subject to ORS 419B.035 (7).
+“ (d) When a report of alleged child abuse is received by the de-
+partment or by a law enforcement agency, the department or law
+enforcement agency, or both, shall make the following notifications:
+“(A) To the Department of Early Learning and Care, if the alleged
+child abuse occurred in a child care facility as defined in ORS 329A.250;
+or
+“(B) To the Department of Education, if the alleged child abuse
+occurred in a school, was related to a school-sponsored activity or was
+conduct that may be subject to actions taken by the Department of
+Education under ORS 339.370 to 339.400.
+“(2) When a report of alleged child abuse is received under subsection
+(1)(a) of this section, the entity receiving the report shall make the notifi-
+cation required by subsection (1)(b) of this section according to rules adopted
+by the Department of Human Services under ORS 419B.017.
+“(3)(a) When a report alleging that a child or ward in substitute care may
+have been subjected to abuse is received by the department, the department
+shall notify the attorney for the child or ward, the child’s or ward’s court
+appointed special advocate, the parents of the child or ward and any attorney
+representing a parent of the child or ward that a report has been received.
+“(b) The name and address of and other identifying information about the
+person who made the report may not be disclosed under this subsection. Any
+person or entity to whom notification is made under this subsection may not
+release any information not authorized by this subsection.
+“(c) The department shall make the notification required by this sub-
+section within three business days of receiving the report of alleged child
+abuse.
+“(d) Notwithstanding the obligation imposed by this subsection, the de-
+partment is not required under this subsection to notify the parent or
+parent’s attorney that a report of alleged child abuse has been received if the
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+notification may interfere with an investigation or assessment or jeopardize
the child’s or ward’s safety.
-SECTION 4.
+“SECTION 4.
ORS 419B.020 is amended to read:
-419B.020. (1) If the Department of Human Services or a law enforcement agency receives a re-
-port of child abuse, the department or the agency shall immediately[ :]
-[(a)] cause an investigation to be made to determine the nature and cause of the abuse of the
-child. [ ; and ]
-[(b) Make the following notifications: ]
-[(A) To the Department of Early Learning and Care if the alleged child abuse occurred in a child
-care facility as defined in ORS 329A.250; or ]
-[(B) To the Department of Education if the alleged child abuse occurred in a school, was related
-to a school-sponsored activity or was conduct that may be subject to actions taken by the Department
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-of Education under ORS 339.370 to 339.400. ]
-(2) The Department of Human Services shall ensure that an investigation required by subsection
-(1) of this section is completed if the report is not investigated by a law enforcement agency.
-(3) If the alleged child abuse [ reported] described in subsection (1) of this section occurred at
-a child care facility or in a school, was related to a school-sponsored activity or was conduct that
-may be subject to actions taken by the Department of Education under ORS 339.370 to 339.400:
-(a) The Department of Human Services and the law enforcement agency shall jointly determine
-the roles and responsibilities of the Department of Human Services and the agency in their respec-
-tive investigations; and
-(b) The Department of Human Services and the agency shall each report the outcomes of their
-investigations:
-(A) To the Department of Early Learning and Care if the alleged child abuse occurred in a child
-care facility as defined in ORS 329A.250; or
-(B) To the Department of Education if the alleged child abuse:
-(i) Occurred in a school;
-(ii) Was related to a school-sponsored activity; or
-(iii) Was conduct that may be subject to actions taken by the Department of Education under
-ORS 339.370 to 339.400.
-(4) Notwithstanding subsections (1) to (3) of this section, the Department of Human
-Services is required under this section to investigate a report of child abuse only if the al-
-leged perpetrator of the abuse:
-(a) Is the child’s parent, legal guardian, legal custodian or Indian custodian;
-(b) Has attained 18 years of age and:
-(A) Lives in the child’s home;
-(B) Has access to the child based on the person’s relationship to the child’s parent,
-guardian, custodian, household member or caregiver or to any other person who may have
-authority or control over the child;
-(C) Is in a role, position or occupation in which the person has access to, responsibility
-for, power over or the trust of the child;
-(D) Has been accused of subjecting the child to involuntary servitude, as described in
-ORS 163.263 or 163.264, or trafficking, as described in ORS 163.266; or
-(E) Is determined by the department to be an individual from whom the department can,
-consistent with ORS 409.185, safeguard the child against further abuse through the provision
-of child protective services;
-(c) Is under 18 years of age and:
-(A) Is in a role, position or occupation in which the person has access to, responsibility
-for, power over or the trust of the child; or
-(B) Has been accused of subjecting the child to severe harm as defined in ORS 419B.150
-or sexual abuse as described in ORS 419B.005 (1)(a)(D);
-(d) Is a child care facility, as defined in ORS 329A.250; or
-(e) Is an education provider, as defined in ORS 339.370.
-[(4)] (5) [ If the law enforcement agency conducting the investigation ] If a law enforcement
-agency conducting an investigation under this section finds reasonable cause to believe that
-abuse has occurred, the law enforcement agency shall notify the Department of Human Services by
-making an oral report followed by a written report to the centralized child abuse reporting system
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-described in ORS 418.190. The department shall provide protective social services of its own or of
-other available social agencies if necessary to prevent further abuses to the child or to safeguard
-the child’s welfare.
-[(5)] (6) If a child is taken into protective custody by the Department of Human Services, the
-department shall promptly make reasonable efforts to ascertain the name and address of the child’s
-parents or guardian.
-[(6)(a)] (7)(a) If a child is taken into protective custody by the Department of Human Services
-or a law enforcement official, the department or law enforcement official shall, if possible, make
-reasonable efforts to advise the parents or guardian immediately, regardless of the time of day, that
-the child has been taken into custody, the reasons the child has been taken into custody and general
-information about the child’s placement, and the telephone number of the local office of the depart-
-ment and any after-hours telephone numbers.
-(b) Notice may be given by any means reasonably certain of notifying the parents or guardian,
-including but not limited to written, telephonic or in-person oral notification. If the initial notifica-
-tion is not in writing, the information required by paragraph (a) of this subsection also shall be
-provided to the parents or guardian in writing as soon as possible.
-(c) The department also shall make a reasonable effort to notify the noncustodial parent of the
-information required by paragraph (a) of this subsection in a timely manner.
-(d) If a child is taken into custody while under the care and supervision of a person or organ-
-ization other than the parent, the department, if possible, shall immediately notify the person or
-organization that the child has been taken into protective custody.
-[(7)] (8)(a) If a law enforcement officer or the Department of Human Services, when taking a
-child into protective custody, has reasonable cause to believe that the child has been affected by
-[sexual abuse and ] rape or sexual abuse of a child as defined in ORS 419B.005 (1)(a)(C) or (D) and
-that physical evidence of the abuse exists and is likely to disappear, the court may authorize a
-physical examination for the purposes of preserving evidence if the court finds that it is in the best
-interest of the child to have such an examination.
-(b) Nothing in this [ section] subsection affects the authority of the department to consent to
-physical examinations of the child at other times.
-[(8)] (c) [ A minor child of 12 years of age or older ] If the child has attained 12 years of age,
-the child may refuse to consent to the examination described in this subsection [ (7) of this
-section].
-(d) The examination shall be conducted by or under the supervision of an individual who is a
-physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to
-677.525 or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, who is
-trained in conducting such examinations.
-(9) When the Department of Human Services completes an investigation under this section, if
-the person who made the report of child abuse provided contact information to the department, the
-department shall notify the person about whether contact with the child was made, whether the
-department determined that child abuse occurred and whether services will be provided. The de-
-partment is not required to disclose information under this subsection if the department determines
-that disclosure is not permitted under ORS 419B.035.
-(10) When the Department of Education receives a notification under [ subsection (1) of this sec-
-tion] ORS 419B.015 or a report on the outcomes of an investigation under subsection (3) of this
-section, the Department of Education shall act under, and is subject to, ORS 339.389.
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-SECTION 4a.
- ORS 419B.020, as amended by section 4 of this 2026 Act, is amended to read:
-419B.020. (1) If the Department of Human Services or a law enforcement agency receives a re-
-port of child abuse, the department or the agency shall immediately cause an investigation to be
-made to determine the nature and cause of the abuse of the child.
-(2) The Department of Human Services shall ensure that an investigation required by subsection
-(1) of this section is completed if the report is not investigated by a law enforcement agency.
-(3) If the alleged child abuse described in subsection (1) of this section occurred at a child care
-facility or in a school, was related to a school-sponsored activity or was conduct that may be subject
-to actions taken by the Department of Education under ORS 339.370 to 339.400:
-(a) The Department of Human Services and the law enforcement agency shall jointly determine
-the roles and responsibilities of the Department of Human Services and the agency in their respec-
-tive investigations; and
-(b) The Department of Human Services and the agency shall each report the outcomes of their
-investigations:
-(A) To the Department of Early Learning and Care if the alleged child abuse occurred in a child
-care facility as defined in ORS 329A.250; or
-(B) To the Department of Education if the alleged child abuse:
-(i) Occurred in a school;
-(ii) Was related to a school-sponsored activity; or
-(iii) Was conduct that may be subject to actions taken by the Department of Education under
-ORS 339.370 to 339.400.
-(4) Notwithstanding subsections (1) to (3) of this section, the Department of Human Services is
-required under this section to investigate a report of child abuse only if the alleged perpetrator of
-the abuse:
-(a) Is the child’s parent, legal guardian, legal custodian or Indian custodian;
-(b) Has attained 18 years of age and:
-(A) Lives in the child’s home;
-(B) Has access to the child based on the person’s relationship to the child’s parent, guardian,
-custodian, household member or caregiver or to any other person who may have authority or control
+“419B.020. (1) If the Department of Human Services or a law enforcement
+agency receives a report of child abuse, the department or the agency shall
+immediately[:]
+“[ (a)] cause an investigation to be made to determine the nature and
+cause of the abuse of the child . [ ; and ]
+“[ (b) Make the following notifications: ]
+“[ (A) To the Department of Early Learning and Care if the alleged child
+abuse occurred in a child care facility as defined in ORS 329A.250; or ]
+“[ (B) To the Department of Education if the alleged child abuse occurred
+in a school, was related to a school-sponsored activity or was conduct that may
+be subject to actions taken by the Department of Education under ORS 339.370
+to 339.400.]
+“(2) The Department of Human Services shall ensure that an investigation
+required by subsection (1) of this section is completed if the report is not
+investigated by a law enforcement agency.
+“(3) If the alleged child abuse [ reported] described in subsection (1) of
+this section occurred at a child care facility or in a school, was related to
+a school-sponsored activity or was conduct that may be subject to actions
+taken by the Department of Education under ORS 339.370 to 339.400:
+“(a) The Department of Human Services and the law enforcement agency
+shall jointly determine the roles and responsibilities of the Department of
+Human Services and the agency in their respective investigations; and
+“(b) The Department of Human Services and the agency shall each report
+the outcomes of their investigations:
+“(A) To the Department of Early Learning and Care if the alleged child
+abuse occurred in a child care facility as defined in ORS 329A.250; or
+“(B) To the Department of Education if the alleged child abuse:
+ HB 4059-4 2/11/26
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+“(i) Occurred in a school;
+“(ii) Was related to a school-sponsored activity; or
+“(iii) Was conduct that may be subject to actions taken by the Depart-
+ment of Education under ORS 339.370 to 339.400.
+“ (4) Notwithstanding subsections (1) to (3) of this section, the De-
+partment of Human Services is required under this section to investi-
+gate a report of child abuse only if the alleged perpetrator of the
+abuse:
+“(a) Is the child’s parent, legal guardian, legal custodian or Indian
+custodian;
+“(b) Has attained 18 years of age and:
+“(A) Lives in the child’s home;
+“(B) Has access to the child based on the person’s relationship to
+the child’s parent, guardian, custodian, household member or
+caregiver or to any other person who may have authority or control
over the child;
-(C) Is in a role, position or occupation in which the person has access to, responsibility for,
-power over or the trust of the child;
-(D) Has been accused of subjecting the child to involuntary servitude, as described in ORS
-163.263 or 163.264, or trafficking, as described in ORS 163.266; or
-(E) Is determined by the department to be an individual from whom the department can, con-
-sistent with ORS 409.185, safeguard the child against further abuse through the provision of child
-protective services;
-(c) Is under 18 years of age and:
-(A) Is in a role, position or occupation in which the person has access to, responsibility for,
+“(C) Is in a role, position or occupation in which the person has
+access to, responsibility for, power over or the trust of the child;
+“(D) Has been accused of subjecting the child to involuntary
+servitude, as described in ORS 163.263 or 163.264, or trafficking, as de-
+scribed in ORS 163.266; or
+“(E) Is determined by the department to be an individual from
+whom the department can, consistent with ORS 409.185, safeguard the
+child against further abuse through the provision of child protective
+services;
+“(c) Is under 18 years of age and:
+“(A) Is in a role, position or occupation in which the person has
+access to, responsibility for, power over or the trust of the child; or
+“(B) Has been accused of subjecting the child to severe harm as
+defined in ORS 419B.150 or sexual abuse as described in ORS 419B.005
+ HB 4059-4 2/11/26
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+(1)(a)(D);
+“(d) Is a child care facility, as defined in ORS 329A.250; or
+“(e) Is an education provider, as defined in ORS 339.370.
+“[ (4)] (5) [ If the law enforcement agency conducting the investigation ] If a
+law enforcement agency conducting an investigation under this sec-
+tion finds reasonable cause to believe that abuse has occurred, the law
+enforcement agency shall notify the Department of Human Services by mak-
+ing an oral report followed by a written report to the centralized child abuse
+reporting system described in ORS 418.190. The department shall provide
+protective social services of its own or of other available social agencies if
+necessary to prevent further abuses to the child or to safeguard the child’s
+welfare.
+“[ (5)] (6) If a child is taken into protective custody by the Department
+of Human Services, the department shall promptly make reasonable efforts
+to ascertain the name and address of the child’s parents or guardian.
+“[ (6)(a)] (7)(a) If a child is taken into protective custody by the Depart-
+ment of Human Services or a law enforcement official, the department or law
+enforcement official shall, if possible, make reasonable efforts to advise the
+parents or guardian immediately, regardless of the time of day, that the child
+has been taken into custody, the reasons the child has been taken into cus-
+tody and general information about the child’s placement, and the telephone
+number of the local office of the department and any after-hours telephone
+numbers.
+“(b) Notice may be given by any means reasonably certain of notifying
+the parents or guardian, including but not limited to written, telephonic or
+in-person oral notification. If the initial notification is not in writing, the
+information required by paragraph (a) of this subsection also shall be pro-
+vided to the parents or guardian in writing as soon as possible.
+“(c) The department also shall make a reasonable effort to notify the
+noncustodial parent of the information required by paragraph (a) of this
+ HB 4059-4 2/11/26
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+subsection in a timely manner.
+“(d) If a child is taken into custody while under the care and supervision
+of a person or organization other than the parent, the department, if possible,
+shall immediately notify the person or organization that the child has been
+taken into protective custody.
+“[ (7)] (8)(a) If a law enforcement officer or the Department of Human
+Services, when taking a child into protective custody, has reasonable cause
+to believe that the child has been affected by [ sexual abuse and ] rape or
+sexual abuse of a child as defined in ORS 419B.005 (1)(a)(C) or (D) and that
+physical evidence of the abuse exists and is likely to disappear, the court
+may authorize a physical examination for the purposes of preserving evidence
+if the court finds that it is in the best interest of the child to have such an
+examination.
+“ (b) Nothing in this [ section] subsection affects the authority of the de-
+partment to consent to physical examinations of the child at other times.
+“[ (8)] (c) [ A minor child of 12 years of age or older ] If the child has at-
+tained 12 years of age, the child may refuse to consent to the examination
+described in this subsection [ (7) of this section ].
+“ (d) The examination shall be conducted by or under the supervision of
+an individual who is a physician licensed under ORS chapter 677, a physi-
+cian associate licensed under ORS 677.505 to 677.525 or a nurse practitioner
+licensed under ORS chapter 678 and, whenever practicable, who is trained
+in conducting such examinations.
+“(9) When the Department of Human Services completes an investigation
+under this section, if the person who made the report of child abuse provided
+contact information to the department, the department shall notify the per-
+son about whether contact with the child was made, whether the department
+determined that child abuse occurred and whether services will be provided.
+The department is not required to disclose information under this subsection
+if the department determines that disclosure is not permitted under ORS
+ HB 4059-4 2/11/26
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+419B.035.
+“(10) When the Department of Education receives a notification under
+[subsection (1) of this section ] ORS 419B.015 or a report on the outcomes of
+an investigation under subsection (3) of this section, the Department of Ed-
+ucation shall act under, and is subject to, ORS 339.389.
+“SECTION 4a.
+ ORS 419B.020, as amended by section 4 of this 2026 Act,
+is amended to read:
+“419B.020. (1) If the Department of Human Services or a law enforcement
+agency receives a report of child abuse, the department or the agency shall
+immediately cause an investigation to be made to determine the nature and
+cause of the abuse of the child.
+“(2) The Department of Human Services shall ensure that an investigation
+required by subsection (1) of this section is completed if the report is not
+investigated by a law enforcement agency.
+“(3) If the alleged child abuse described in subsection (1) of this section
+occurred at a child care facility or in a school, was related to a school-
+sponsored activity or was conduct that may be subject to actions taken by
+the Department of Education under ORS 339.370 to 339.400:
+“(a) The Department of Human Services and the law enforcement agency
+shall jointly determine the roles and responsibilities of the Department of
+Human Services and the agency in their respective investigations; and
+“(b) The Department of Human Services and the agency shall each report
+the outcomes of their investigations:
+“(A) To the Department of Early Learning and Care if the alleged child
+abuse occurred in a child care facility as defined in ORS 329A.250; or
+“(B) To the Department of Education if the alleged child abuse:
+“(i) Occurred in a school;
+“(ii) Was related to a school-sponsored activity; or
+“(iii) Was conduct that may be subject to actions taken by the Depart-
+ment of Education under ORS 339.370 to 339.400.
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 18
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+“(4) Notwithstanding subsections (1) to (3) of this section, the Department
+of Human Services is required under this section to investigate a report of
+child abuse only if the alleged perpetrator of the abuse:
+“(a) Is the child’s parent, legal guardian, legal custodian or Indian
+custodian;
+“(b) Has attained 18 years of age and:
+“(A) Lives in the child’s home;
+“(B) Has access to the child based on the person’s relationship to the
+child’s parent, guardian, custodian, household member or caregiver or to any
+other person who may have authority or control over the child;
+“(C) Is in a role, position or occupation in which the person has access
+to, responsibility for, power over or the trust of the child;
+“(D) Has been accused of subjecting the child to involuntary servitude,
+as described in ORS 163.263 or 163.264, or trafficking, as described in ORS
+163.266;or
+“(E) Is determined by the department to be an individual from whom the
+department can, consistent with ORS 409.185, safeguard the child against
+further abuse through the provision of child protective services;
+“(c) Is under 18 years of age and:
+“(A) Is in a role, position or occupation in which the person has access
+to, responsibility for, power over or the trust of the child; or
+“(B) Has been accused of subjecting the child to severe harm [ as defined
+in ORS 419B.150] or sexual abuse [ as described in ORS 419B.005 (1)(a)(D) ];
+“(d) Is a child care facility, as defined in ORS 329A.250; or
+“(e) Is an education provider, as defined in ORS 339.370.
+“(5) If a law enforcement agency conducting an investigation under this
+section finds reasonable cause to believe that abuse has occurred, the law
+enforcement agency shall notify the Department of Human Services by mak-
+ing an oral report followed by a written report to the centralized child abuse
+reporting system described in ORS 418.190. The department shall provide
+ HB 4059-4 2/11/26
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+protective social services of its own or of other available social agencies if
+necessary to prevent further abuses to the child or to safeguard the child’s
+welfare.
+“(6) If a child is taken into protective custody by the Department of Hu-
+man Services, the department shall promptly make reasonable efforts to as-
+certain the name and address of the child’s parents or guardian.
+“(7)(a) If a child is taken into protective custody by the Department of
+Human Services or a law enforcement official, the department or law
+enforcement official shall, if possible, make reasonable efforts to advise the
+parents or guardian immediately, regardless of the time of day, that the child
+has been taken into custody, the reasons the child has been taken into cus-
+tody and general information about the child’s placement, and the telephone
+number of the local office of the department and any after-hours telephone
+numbers.
+“(b) Notice may be given by any means reasonably certain of notifying
+the parents or guardian, including but not limited to written, telephonic or
+in-person oral notification. If the initial notification is not in writing, the
+information required by paragraph (a) of this subsection also shall be pro-
+vided to the parents or guardian in writing as soon as possible.
+“(c) The department also shall make a reasonable effort to notify the
+noncustodial parent of the information required by paragraph (a) of this
+subsection in a timely manner.
+“(d) If a child is taken into custody while under the care and supervision
+of a person or organization other than the parent, the department, if possible,
+shall immediately notify the person or organization that the child has been
+taken into protective custody.
+“(8)(a) If a law enforcement officer or the Department of Human Services,
+when taking a child into protective custody, has reasonable cause to believe
+that the child has been affected by rape or sexual abuse of a child as defined
+in ORS 419B.005 (1)(a)(C) or (D) and that physical evidence of the abuse ex-
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 20
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+ists and is likely to disappear, the court may authorize a physical examina-
+tion for the purposes of preserving evidence if the court finds that it is in
+the best interest of the child to have such an examination.
+“(b) Nothing in this subsection affects the authority of the department to
+consent to physical examinations of the child at other times.
+“(c) If the child has attained 12 years of age, the child may refuse to
+consent to the examination described in this subsection.
+“(d) The examination shall be conducted by or under the supervision of
+an individual who is a physician licensed under ORS chapter 677, a physician
+associate licensed under ORS 677.505 to 677.525 or a nurse practitioner li-
+censed under ORS chapter 678 and, whenever practicable, who is trained in
+conducting such examinations.
+“(9) When the Department of Human Services completes an investigation
+under this section, if the person who made the report of child abuse provided
+contact information to the department, the department shall notify the per-
+son about whether contact with the child was made, whether the department
+determined that child abuse occurred and whether services will be provided.
+The department is not required to disclose information under this subsection
+if the department determines that disclosure is not permitted under ORS
+419B.035.
+“(10) When the Department of Education receives a notification under
+ORS 419B.015 or a report on the outcomes of an investigation under sub-
+section (3) of this section, the Department of Education shall act under, and
+is subject to, ORS 339.389.
+“SECTION 5.
+ ORS 339.389 is amended to read:
+“339.389. (1) When the Department of Education receives from the De-
+partment of Human Services notification of a report of abuse or receives a
+report on the outcomes of an investigation of abuse, as provided by ORS
+419B.015, 419B.019 or 419B.020, and the notification or report involves a
+child and a person who is a school employee, contractor, agent or volunteer,
+ HB 4059-4 2/11/26
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+the Department of Education may notify, as soon as practicable, any educa-
+tion provider that the Department of Education determines must be notified
+to ensure the safety of children.
+“(2) When providing notice to an education provider under subsection (1)
+of this section, the Department of Education:
+“(a) Shall include any information the department determines is necessary
+to ensure the safety of children, including the name of the school and the
+name of the person who allegedly committed the suspected abuse.
+“(b) May not disclose the name and address of, or any other identifying
+information about, the person who made the report of suspected abuse.
+“(3) The Department of Education may provide information related to the
+notification or report received as described in subsection (1) of this section
+to the Teacher Standards and Practices Commission if the department de-
+termines that:
+“(a) The commission must be notified to ensure the safety of children; and
+“(b) The notification or report involves a person who is licensed by the
+commission.
+“(4)(a) Notwithstanding ORS 192.311 to 192.478, any information received
+as provided by this section is not a public record and is not subject to public
+inspection.
+“(b) Any person or entity who receives information under this section may
+not release the information, unless as otherwise provided by law.
+“(5) The State Board of Education may adopt rules for the purposes of
+implementing this section.
+“SECTION 6.
+ ORS 409.185 is amended to read:
+“409.185. (1) The Director of Human Services shall oversee the develop-
+ment of standards and procedures for assessment, investigation and enforce-
+ment of child protective services.
+“(2)(a) The Department of Human Services shall take action to implement
+the provision of child protective services as outlined in ORS 417.705 to
+ HB 4059-4 2/11/26
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+417.800 and based on the recommendations in the 1992 ‘Oregon Child Pro-
+tective Services Performance Study’ published by the University of Southern
+Maine.
+“(b) In all substantiated cases of child abuse and neglect, the role of the
+department is to complete a comprehensive family assessment of risk of
+abuse or neglect, or both, assess service needs and provide immediate pro-
+tective services as necessary.
+“(c) The department shall provide remedial services needed to ensure the
+safety of the child.
+“(d) In all cases of child abuse and neglect for which a criminal investi-
+gation is conducted, the role of law enforcement agencies is to provide a le-
+gally sound, child sensitive investigation of whether abuse or neglect or both
+have occurred and to gather other evidence and perform other responsibil-
+ities in accordance with interagency agreements.
+“(e) Except as provided in ORS 419B.020, the department and law
+enforcement agencies shall conduct the investigation and assessment
+concurrently[ ,]. The investigations must be based upon the protocols and
+procedures of the county child abuse multidisciplinary team in each juris-
+diction.
+“(f) When the department and law enforcement agencies conduct a joint
+investigation and assessment, the activities of the department and agencies
+are to be clearly differentiated by the protocols of the county child abuse
+multidisciplinary team.
+“(g) Nothing in this subsection is intended to be inconsistent with ORS
+418.702, 418.747 and 418.748 and ORS chapter 419B.
+“(h) In all cases of child abuse for which an investigation is conducted,
+the department shall provide a child’s parent, guardian or caregiver with a
+clear written explanation of the investigation process, the court hearing
+process and the rights of the parent, guardian or caregiver in the abuse in-
+vestigation and in the court proceedings related to the abuse investigation.
+ HB 4059-4 2/11/26
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+“(3) Upon receipt of a recommendation of the Children’s Advocate under
+ORS 417.815 (2)(e), the department shall implement the recommendation or
+give the Children’s Advocate written notice of an intent not to implement
+the recommendation.
+“ SUBSTANTIATION OF REPORTS OF CHILD ABUSE
+“SECTION 7.
+Section 8 of this 2026 Act is added to and made a part
+of ORS 419B.005 to 419B.050.
+“SECTION 8. If an investigation under ORS 419B.020 involves an
+alleged perpetrator who was under 18 years of age at the time of the
+reported abuse:
+“(1) The investigation must conclude in one of the findings de-
+scribed in ORS 419B.026 (1) if the alleged perpetrator:
+“(a) Is the child’s parent;
+“(b) At the time of the reported abuse, was in a role, position or
+occupation in which the perpetrator had access to, responsibility for,
power over or the trust of the child; or
-(B) Has been accused of subjecting the child to severe harm [ as defined in ORS 419B.150 ] or
-sexual abuse [ as described in ORS 419B.005 (1)(a)(D) ];
-(d) Is a child care facility, as defined in ORS 329A.250; or
-(e) Is an education provider, as defined in ORS 339.370.
-(5) If a law enforcement agency conducting an investigation under this section finds reasonable
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-cause to believe that abuse has occurred, the law enforcement agency shall notify the Department
-of Human Services by making an oral report followed by a written report to the centralized child
-abuse reporting system described in ORS 418.190. The department shall provide protective social
-services of its own or of other available social agencies if necessary to prevent further abuses to
-the child or to safeguard the child’s welfare.
-(6) If a child is taken into protective custody by the Department of Human Services, the de-
-partment shall promptly make reasonable efforts to ascertain the name and address of the child’s
-parents or guardian.
-(7)(a) If a child is taken into protective custody by the Department of Human Services or a law
-enforcement official, the department or law enforcement official shall, if possible, make reasonable
-efforts to advise the parents or guardian immediately, regardless of the time of day, that the child
-has been taken into custody, the reasons the child has been taken into custody and general infor-
-mation about the child’s placement, and the telephone number of the local office of the department
-and any after-hours telephone numbers.
-(b) Notice may be given by any means reasonably certain of notifying the parents or guardian,
-including but not limited to written, telephonic or in-person oral notification. If the initial notifica-
-tion is not in writing, the information required by paragraph (a) of this subsection also shall be
-provided to the parents or guardian in writing as soon as possible.
-(c) The department also shall make a reasonable effort to notify the noncustodial parent of the
-information required by paragraph (a) of this subsection in a timely manner.
-(d) If a child is taken into custody while under the care and supervision of a person or organ-
-ization other than the parent, the department, if possible, shall immediately notify the person or
-organization that the child has been taken into protective custody.
-(8)(a) If a law enforcement officer or the Department of Human Services, when taking a child
-into protective custody, has reasonable cause to believe that the child has been affected by rape or
-sexual abuse of a child as defined in ORS 419B.005 (1)(a)(C) or (D) and that physical evidence of the
-abuse exists and is likely to disappear, the court may authorize a physical examination for the
-purposes of preserving evidence if the court finds that it is in the best interest of the child to have
-such an examination.
-(b) Nothing in this subsection affects the authority of the department to consent to physical
-examinations of the child at other times.
-(c) If the child has attained 12 years of age, the child may refuse to consent to the examination
-described in this subsection.
-(d) The examination shall be conducted by or under the supervision of an individual who is a
-physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to
-677.525 or a nurse practitioner licensed under ORS chapter 678 and, whenever practicable, who is
-trained in conducting such examinations.
-(9) When the Department of Human Services completes an investigation under this section, if
-the person who made the report of child abuse provided contact information to the department, the
-department shall notify the person about whether contact with the child was made, whether the
-department determined that child abuse occurred and whether services will be provided. The de-
-partment is not required to disclose information under this subsection if the department determines
-that disclosure is not permitted under ORS 419B.035.
-(10) When the Department of Education receives a notification under ORS 419B.015 or a report
-on the outcomes of an investigation under subsection (3) of this section, the Department of Educa-
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-tion shall act under, and is subject to, ORS 339.389.
-SECTION 5.
- ORS 339.389 is amended to read:
-339.389. (1) When the Department of Education receives from the Department of Human Services
-notification of a report of abuse or receives a report on the outcomes of an investigation of abuse,
-as provided by ORS 419B.015, 419B.019 or 419B.020, and the notification or report involves a child
-and a person who is a school employee, contractor, agent or volunteer, the Department of Education
-may notify, as soon as practicable, any education provider that the Department of Education deter-
-mines must be notified to ensure the safety of children.
-(2) When providing notice to an education provider under subsection (1) of this section, the
-Department of Education:
-(a) Shall include any information the department determines is necessary to ensure the safety
-of children, including the name of the school and the name of the person who allegedly committed
-the suspected abuse.
-(b) May not disclose the name and address of, or any other identifying information about, the
-person who made the report of suspected abuse.
-(3) The Department of Education may provide information related to the notification or report
-received as described in subsection (1) of this section to the Teacher Standards and Practices
-Commission if the department determines that:
-(a) The commission must be notified to ensure the safety of children; and
-(b) The notification or report involves a person who is licensed by the commission.
-(4)(a) Notwithstanding ORS 192.311 to 192.478, any information received as provided by this
-section is not a public record and is not subject to public inspection.
-(b) Any person or entity who receives information under this section may not release the in-
-formation, unless as otherwise provided by law.
-(5) The State Board of Education may adopt rules for the purposes of implementing this section.
-SECTION 6.
- ORS 409.185 is amended to read:
-409.185. (1) The Director of Human Services shall oversee the development of standards and
-procedures for assessment, investigation and enforcement of child protective services.
-(2)(a) The Department of Human Services shall take action to implement the provision of child
-protective services as outlined in ORS 417.705 to 417.800 and based on the recommendations in the
-1992 “Oregon Child Protective Services Performance Study” published by the University of Southern
-Maine.
-(b) In all substantiated cases of child abuse and neglect, the role of the department is to com-
-plete a comprehensive family assessment of risk of abuse or neglect, or both, assess service needs
-and provide immediate protective services as necessary.
-(c) The department shall provide remedial services needed to ensure the safety of the child.
-(d) In all cases of child abuse and neglect for which a criminal investigation is conducted, the
-role of law enforcement agencies is to provide a legally sound, child sensitive investigation of
-whether abuse or neglect or both have occurred and to gather other evidence and perform other
-responsibilities in accordance with interagency agreements.
-(e) Except as provided in ORS 419B.020, the department and law enforcement agencies shall
-conduct the investigation and assessment concurrently[ ,]. The investigations must be based upon
-the protocols and procedures of the county child abuse multidisciplinary team in each jurisdiction.
-(f) When the department and law enforcement agencies conduct a joint investigation and as-
-sessment, the activities of the department and agencies are to be clearly differentiated by the pro-
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-tocols of the county child abuse multidisciplinary team.
-(g) Nothing in this subsection is intended to be inconsistent with ORS 418.702, 418.747 and
-418.748 and ORS chapter 419B.
-(h) In all cases of child abuse for which an investigation is conducted, the department shall
-provide a child’s parent, guardian or caregiver with a clear written explanation of the investigation
-process, the court hearing process and the rights of the parent, guardian or caregiver in the abuse
-investigation and in the court proceedings related to the abuse investigation.
-(3) Upon receipt of a recommendation of the Children’s Advocate under ORS 417.815 (2)(e), the
-department shall implement the recommendation or give the Children’s Advocate written notice of
-an intent not to implement the recommendation.
-SUBSTANTIATION OF REPORTS OF CHILD ABUSE
-SECTION 7.
-Section 8 of this 2026 Act is added to and made a part of ORS 419B.005 to
-419B.050.
-SECTION 8. If an investigation under ORS 419B.020 involves an alleged perpetrator who
-was under 18 years of age at the time of the reported abuse:
-(1) The investigation must conclude in one of the findings described in ORS 419B.026 (1)
-if the alleged perpetrator:
-(a) Is the child’s parent;
-(b) At the time of the reported abuse, was in a role, position or occupation in which the
-perpetrator had access to, responsibility for, power over or the trust of the child; or
-(c) At the time of the reported abuse was at least 12 years of age and more than four
-years older than the child.
-(2) The investigation may conclude in one of the findings described in ORS 419B.026 (1)
-if:
-(a) At the time of the reported abuse the perpetrator was at least 12 years of age and
-not more than four years older than the child; and
-(b) The investigator determines that issuance of a finding is in the public interest.
-(3) Except as provided in subsection (1) or (2) of this section, the investigation may not
-conclude in one of the findings described in ORS 419B.026.
-SECTION 9.
+“(c) At the time of the reported abuse was at least 12 years of age
+and more than four years older than the child.
+“(2) The investigation may conclude in one of the findings described
+in ORS 419B.026 (1) if:
+“(a) At the time of the reported abuse the perpetrator was at least
+12 years of age and not more than four years older than the child; and
+“(b) The investigator determines that issuance of a finding is in the
+public interest.
+“(3) Except as provided in subsection (1) or (2) of this section, the
+investigation may not conclude in one of the findings described in ORS
+419B.026.
+“SECTION 9.
ORS 419B.026 is amended to read:
-419B.026. (1) Except as provided in section 8 of this 2026 Act, an investigation conducted
-under ORS 419B.020 must conclude in one of the following findings:
-(a) That the report of child abuse is founded;
-(b) That the report of child abuse is unfounded; or
-(c) That the report of child abuse cannot be determined.
-(2) [ All] Investigations conducted under ORS 419B.020 must be conducted in accordance with
-ORS 419B.005 to 419B.050 and , except as provided in section 8 of this 2026 Act, result in the
-findings described in subsection (1) of this section until all of the following criteria have been met:
-(a) The child welfare workload model for the Department of Human Services is staffed at 95
-percent or greater;
-(b) A centralized, statewide child abuse hotline has been established and in operation for at least
-six consecutive months;
-(c) The department has completed investigations within timelines mandated by law and rule at
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-least 90 percent of the time for at least six consecutive months;
-(d) The department has conducted in-person contacts with children who are the subject of re-
-ports of child abuse, as mandated by law and rule, in at least 90 percent of the reports of child abuse
-for at least six consecutive months; and
-(e) The reabuse rate for children in this state is below the national average.
-SECTION 10.
- ORS 419B.030 is amended to read:
-419B.030. (1) A central state registry shall be established and maintained by the Department of
-Human Services. The local offices of the department shall report to the state registry in writing
-when an investigation has shown [ reasonable cause to believe ], by a preponderance of the evi-
-dence, that a child’s condition was the result of abuse even if the cause remains unknown. Each
-registry shall contain current information from reports cataloged both as to the name of the child
-and the name of the family.
-(2) When the department provides specific case information from the central state registry, the
-department shall include a notice that the information does not necessarily reflect any subsequent
-proceedings that are not within the jurisdiction of the department.
-SECTION 11. ORS 418.259 is amended to read:
-418.259. (1) The investigation conducted by the Department of Human Services under ORS
-418.258 must result in one of the following findings:
-(a) That the report is substantiated. A report is substantiated when there is reasonable cause
-to believe that the abuse of a child in care occurred.
-(b) That the report is unsubstantiated. A report is unsubstantiated when there is no evidence
-that the abuse of a child in care occurred.
-(c) That the report is inconclusive. A report is inconclusive when there is some indication that
-the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to
-believe that the abuse occurred.
-(2) When a report is received under ORS 418.258 alleging that a child in care may have been
-subjected to abuse, the department shall notify the case managers for the child, the attorney for the
-child, the child’s court appointed special advocate, the parents or guardians of the child, any attor-
-ney representing a parent or guardian of the child and any governmental agency that has a contract
-with the child-caring agency or developmental disabilities residential facility to provide care or
-services to the child that a report has been received.
-(3)(a) The department may interview the child in care who is the subject of suspected abuse and
-any witnesses, including other children, without the presence of employees of the child-caring
-agency, proctor foster home or developmental disabilities residential facility, the provider of services
-at a certified foster home or department personnel. The department shall inform the child in care
-that the child may have the child’s parent or guardian, if the child has not been committed to the
-custody of the department or the Oregon Youth Authority, or attorney present when participating
-in an interview conducted in the course of an abuse investigation.
-(b) When investigating an allegation of inappropriate use of restraint or involuntary seclusion,
-the department shall:
-(A) Conduct the interviews described in paragraph (a) of this subsection;
-(B) Review all relevant incident reports related to the child in care and other reports related
-to the restraint or involuntary seclusion of the child in care;
-(C) Review any audio, video or photographic recordings of the restraint or involuntary seclusion,
-including the circumstances immediately before and following the incident;
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-(D) During an interview with the child in care who is the subject of the suspected abuse, ask
-the child about whether they experienced any reportable injury or pain as a result of the restraint
-or involuntary seclusion;
-(E) Review the training records related to all of the individuals who were involved in the use
-of restraint or involuntary seclusion; and
-(F) Make all reasonable efforts to conduct trauma-informed interviews of each child witness,
-including the child in care who is the subject of suspected abuse unless the investigator makes a
-specific determination that the interview may significantly traumatize the child and is not in the
-best interests of the child.
-(4) The department shall report to the central state registry established under ORS
-419B.030 in writing when an investigation conducted by the department under ORS 418.258
-has shown reasonable cause to believe that a child in care’s condition was the result of abuse
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+“419B.026. (1) Except as provided in section 8 of this 2026 Act, an in-
+vestigation conducted under ORS 419B.020 must conclude in one of the fol-
+lowing findings:
+“(a) That the report of child abuse is founded;
+“(b) That the report of child abuse is unfounded; or
+“(c) That the report of child abuse cannot be determined.
+“(2) [ All ] Investigations conducted under ORS 419B.020 must be conducted
+in accordance with ORS 419B.005 to 419B.050 and , except as provided in
+section 8 of this 2026 Act, result in the findings described in subsection (1)
+of this section until all of the following criteria have been met:
+“(a) The child welfare workload model for the Department of Human
+Services is staffed at 95 percent or greater;
+“(b) A centralized, statewide child abuse hotline has been established and
+in operation for at least six consecutive months;
+“(c) The department has completed investigations within timelines man-
+dated by law and rule at least 90 percent of the time for at least six con-
+secutive months;
+“(d) The department has conducted in-person contacts with children who
+are the subject of reports of child abuse, as mandated by law and rule, in
+at least 90 percent of the reports of child abuse for at least six consecutive
+months; and
+“(e) The reabuse rate for children in this state is below the national av-
+erage.
+“SECTION 10.
+ ORS 418.259 is amended to read:
+“418.259. (1) The investigation conducted by the Department of Human
+Services under ORS 418.258 must result in one of the following findings:
+“(a) That the report is substantiated. A report is substantiated when there
+is reasonable cause to believe that the abuse of a child in care occurred.
+“(b) That the report is unsubstantiated. A report is unsubstantiated when
+there is no evidence that the abuse of a child in care occurred.
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+“(c) That the report is inconclusive. A report is inconclusive when there
+is some indication that the abuse occurred but there is insufficient evidence
+to conclude that there is reasonable cause to believe that the abuse occurred.
+“(2) When a report is received under ORS 418.258 alleging that a child in
+care may have been subjected to abuse, the department shall notify the case
+managers for the child, the attorney for the child, the child’s court appointed
+special advocate, the parents or guardians of the child, any attorney repre-
+senting a parent or guardian of the child and any governmental agency that
+has a contract with the child-caring agency or developmental disabilities
+residential facility to provide care or services to the child that a report has
+been received.
+“(3)(a) The department may interview the child in care who is the subject
+of suspected abuse and any witnesses, including other children, without the
+presence of employees of the child-caring agency, proctor foster home or de-
+velopmental disabilities residential facility, the provider of services at a
+certified foster home or department personnel. The department shall inform
+the child in care that the child may have the child’s parent or guardian, if
+the child has not been committed to the custody of the department or the
+Oregon Youth Authority, or attorney present when participating in an
+interview conducted in the course of an abuse investigation.
+“(b) When investigating an allegation of inappropriate use of restraint
+or involuntary seclusion, the department shall:
+“(A) Conduct the interviews described in paragraph (a) of this subsection;
+“(B) Review all relevant incident reports related to the child in care and
+other reports related to the restraint or involuntary seclusion of the child
+in care;
+“(C) Review any audio, video or photographic recordings of the restraint
+or involuntary seclusion, including the circumstances immediately before and
+following the incident;
+“(D) During an interview with the child in care who is the subject of the
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+suspected abuse, ask the child about whether they experienced any reportable
+injury or pain as a result of the restraint or involuntary seclusion;
+“(E) Review the training records related to all of the individuals who
+were involved in the use of restraint or involuntary seclusion; and
+“(F) Make all reasonable efforts to conduct trauma-informed interviews
+of each child witness, including the child in care who is the subject of sus-
+pected abuse unless the investigator makes a specific determination that the
+interview may significantly traumatize the child and is not in the best in-
+terests of the child.
+“ (4) The department shall report to the central state registry es-
+tablished under ORS 419B.030 in writing when an investigation con-
+ducted by the department under ORS 418.258 has shown reasonable
+cause to believe that a child in care’s condition was the result of abuse
even if the cause remains unknown.
-[(4)] (5) The department shall notify the following when a report of abuse is substantiated:
-(a) The Director of Human Services.
-(b) Personnel in the department responsible for the licensing, certificate or authorization of
-child-caring agencies.
-(c) The department’s lead personnel in that part of the department that is responsible for child
-welfare generally.
-(d) With respect to the child in care who is the subject of the abuse report and investigation,
-the case managers for the child, the attorney for the child, the child’s court appointed special ad-
-vocate, the parents or guardians of the child, any attorney representing a parent or guardian of the
-child and any governmental agency that has a contract with the child-caring agency to provide care
-or services to the child.
-(e) The parents or guardians of the child in care who is the subject of the abuse report and in-
-vestigation if the child in care has not been committed to the custody of the department or the
-youth authority. Notification under this paragraph may not include any details or information other
-than that a report of abuse has been substantiated.
-(f) Any governmental agency that has a contract with the child-caring agency to provide care
-or services to a child in care.
-(g) The local citizen review board established by the Judicial Department under ORS 419A.090.
-[(5)] (6) The department shall report on a quarterly basis to the interim legislative committees
-on child welfare for the purposes of public review and oversight of the quality and safety of child-
-caring agencies, certified foster homes and developmental disabilities residential facilities that are
-licensed, certified or authorized by the department in this state and of proctor foster homes that are
-certified by the child-caring agencies. Information provided in reports under this subsection may
-not contain the name or any identifying information of a child in care but must contain all of the
-following:
-(a) The name of any child-caring agency, including an out-of-state child-caring agency, proctor
-foster home or developmental disabilities residential facility, or, provided there are five or more
-certified foster homes in the county, the name of the county where a certified foster home is located,
-where the department conducted an investigation pursuant to ORS 418.258 that resulted in a finding
-that the report of abuse was substantiated during that quarter;
-(b) The approximate date that the abuse occurred;
-(c) The nature of the abuse and a brief narrative description of the abuse that occurred;
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-(d) Whether the abuse resulted in a reportable injury, sexual abuse or death;
-(e) Corrective actions taken or ordered by the department and the outcome of the corrective
-actions; and
-(f) Information the department received in that quarter regarding any substantiated allegations
-of child abuse made by any other state involving a congregate care residential setting, as defined
-in ORS 418.322, in which the department has placed Oregon children.
-[(6)] (7) The department’s quarterly report under subsection [ (5)] (6) of this section must also
-contain all of the following:
-(a) The total number of restraints used in programs that quarter;
-(b) The total number of programs that reported the use of restraints of children in care that
-quarter;
-(c) The total number of individual children in care who were placed in restraints by programs
+“[ (4)] (5) The department shall notify the following when a report of abuse
+is substantiated:
+“(a) The Director of Human Services.
+“(b) Personnel in the department responsible for the licensing, certificate
+or authorization of child-caring agencies.
+“(c) The department’s lead personnel in that part of the department that
+is responsible for child welfare generally.
+“(d) With respect to the child in care who is the subject of the abuse re-
+port and investigation, the case managers for the child, the attorney for the
+child, the child’s court appointed special advocate, the parents or guardians
+of the child, any attorney representing a parent or guardian of the child and
+any governmental agency that has a contract with the child-caring agency
+to provide care or services to the child.
+“(e) The parents or guardians of the child in care who is the subject of
+the abuse report and investigation if the child in care has not been commit-
+ted to the custody of the department or the youth authority. Notification
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 27
+1
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+under this paragraph may not include any details or information other than
+that a report of abuse has been substantiated.
+“(f) Any governmental agency that has a contract with the child-caring
+agency to provide care or services to a child in care.
+“(g) The local citizen review board established by the Judicial Department
+under ORS 419A.090.
+“[ (5)] (6) The department shall report on a quarterly basis to the interim
+legislative committees on child welfare for the purposes of public review and
+oversight of the quality and safety of child-caring agencies, certified foster
+homes and developmental disabilities residential facilities that are licensed,
+certified or authorized by the department in this state and of proctor foster
+homes that are certified by the child-caring agencies. Information provided
+in reports under this subsection may not contain the name or any identifying
+information of a child in care but must contain all of the following:
+“(a) The name of any child-caring agency, including an out-of-state
+child-caring agency, proctor foster home or developmental disabilities resi-
+dential facility, or, provided there are five or more certified foster homes in
+the county, the name of the county where a certified foster home is located,
+where the department conducted an investigation pursuant to ORS 418.258
+that resulted in a finding that the report of abuse was substantiated during
that quarter;
-(d) The number of reportable injuries to children in care that resulted from those restraints;
-(e) The number of incidents in which an individual who was not appropriately trained in the use
-of the restraint used on a child in care in a program; and
-(f) The number of incidents that were reported for potential inappropriate use of restraint.
-[(7)] (8) In compiling records, reports and other information during an investigation under ORS
-418.258 (1) and in issuing findings, letters of concern or reprimands, the Director of Human Services
-or the director’s designee and the department may not refer to the employee, person or entity that
-is the subject of the investigation as an “alleged perpetrator” but must refer to the employee, person
-or entity as the “respondent.”
-[(8)] (9) As used in this section, “program,” “reportable injury” and “restraint” have the
-meanings given those terms in ORS 418.519.
-REPORT
-SECTION 12.
-The Department of Human Services shall monitor the department’s imple-
-mentation of the modifications to child abuse investigations made by section 8 of this 2026
-Act and the amendments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020 and
-419B.030 by sections 1 to 6, 10 and 11 of this 2026 Act. The department shall submit a report
-in the manner provided in ORS 192.245 to the interim committees of the Legislative Assembly
-related to human services no later than September 15, 2028. The report must describe the
-steps that the department took to implement section 8 of this 2026 Act and the amendments
-to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020 and 419B.030 by sections 1 to 6,
-10 and 11 of this 2026 Act and include, at a minimum:
-(1) A description of training provided to support the implementation;
-(2) An assessment of staff understanding and consistency in application of updated defi-
-nitions of abuse under ORS 419B.005, as amended by sections 1 and 2 of this 2026 Act;
-(3) An assessment of staff understanding and consistency in application of the standard
-of proof by a preponderance of the evidence required for disposition determinations;
-(4) An evaluation of the impact of the policy changes reflected in section 8 of this 2026
-Act and the amendments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020 and
-419B.030 by sections 1 to 6, 10 and 11 of this 2026 Act on the quality and sufficiency of doc-
-umentation supporting disposition determinations; and
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-(5) Relevant data following implementation of section 8 of this 2026 Act and the amend-
-ments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020 and 419B.030 by sections
-1 to 6, 10 and 11 of this 2026 Act.
-SECTION 13.
-Section 12 of this 2026 Act is repealed on January 2, 2029.
-MISCELLANEOUS
-SECTION 14. (1)(a) The amendments to ORS 339.389, 409.185, 419B.015 and 419B.020 by
-sections 3, 4, 5 and 6 of this 2026 Act become operative on July 1, 2026.
-(b) Section 8 of this 2026 Act and the amendments to ORS 418.259, 419B.005, 419B.020,
-419B.026 and 419B.030 by sections 1, 2, 4a and 9 to 11 of this 2026 Act become operative on
-January 1, 2027.
-(2) The Department of Human Services and law enforcement agencies may take any
-action before the operative dates specified in subsection (1) of this section that is necessary
-to enable the department or law enforcement agencies, on or after the operative dates
-specified in subsection (1) of this section, to undertake and exercise all of the duties, func-
-tions and powers conferred on the department or law enforcement agencies by section 8 of
-this 2026 Act and the amendments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015,
-419B.020, 419B.026 and 419B.030 by sections 1 to 6 and 9 to 11 of this 2026 Act.
-SECTION 15.
-(1) The amendments to ORS 339.389, 409.185, 419B.015 and 419B.020 by
-sections 3, 4, 5 and 6 of this 2026 Act apply to investigations of child abuse initiated on or
-after July 1, 2026.
-(2) The amendments to ORS 419B.020 by section 4a of this 2026 Act apply to investigations
-of child abuse initiated on or after January 1, 2027.
-(3) The amendments to ORS 419B.005 by sections 1 and 2 of this 2026 Act apply to acts
-occurring on or after January 1, 2027.
-(4) Section 8 of this 2026 Act and the amendments to ORS 418.259, 419B.026 and 419B.030
-by sections 9 to 11 of this 2026 Act apply to reports of abuse occurring on or after January
-1, 2027.
-SECTION 16. The unit captions used in this 2026 Act are provided only for the conven-
-ience of the reader and do not become part of the statutory law of this state or express any
-legislative intent in the enactment of this 2026 Act.
-SECTION 17. This 2026 Act being necessary for the immediate preservation of the public
-peace, health and safety, an emergency is declared to exist, and this 2026 Act takes effect
-on its passage.
-[18]
+“(b) The approximate date that the abuse occurred;
+“(c) The nature of the abuse and a brief narrative description of the abuse
+that occurred;
+“(d) Whether the abuse resulted in a reportable injury, sexual abuse or
+death;
+“(e) Corrective actions taken or ordered by the department and the out-
+come of the corrective actions; and
+“(f) Information the department received in that quarter regarding any
+substantiated allegations of child abuse made by any other state involving
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 28
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+a congregate care residential setting, as defined in ORS 418.322, in which the
+department has placed Oregon children.
+“[ (6)] (7) The department’s quarterly report under subsection [ (5)] (6) of
+this section must also contain all of the following:
+“(a) The total number of restraints used in programs that quarter;
+“(b) The total number of programs that reported the use of restraints of
+children in care that quarter;
+“(c) The total number of individual children in care who were placed in
+restraints by programs that quarter;
+“(d) The number of reportable injuries to children in care that resulted
+from those restraints;
+“(e) The number of incidents in which an individual who was not appro-
+priately trained in the use of the restraint used on a child in care in a pro-
+gram; and
+“(f) The number of incidents that were reported for potential inappropri-
+ate use of restraint.
+“[ (7)] (8) In compiling records, reports and other information during an
+investigation under ORS 418.258 (1) and in issuing findings, letters of con-
+cern or reprimands, the Director of Human Services or the director’s
+designee and the department may not refer to the employee, person or entity
+that is the subject of the investigation as an ‘alleged perpetrator’ but must
+refer to the employee, person or entity as the ‘respondent.’
+“[ (8)] (9) As used in this section, ‘program,’ ‘reportable injury’ and ‘re-
+straint’ have the meanings given those terms in ORS 418.519.
+“ REPORT
+“SECTION 11.
+The Department of Human Services shall monitor
+the department’s implementation of the modifications to child abuse
+investigations made by section 8 of this 2026 Act and the amendments
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 29
+1
+2
+3
+4
+5
+6
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+to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020 and 419B.026
+by sections 1 to 6, 9 and 10 of this 2026 Act. The department shall
+submit a report in the manner provided in ORS 192.245 to the interim
+committees of the Legislative Assembly related to human services no
+later than September 15, 2028. The report must describe the steps that
+the department took to implement section 8 of this 2026 Act and the
+amendments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020
+and 419B.026 by sections 1 to 6, 9 and 10 of this 2026 Act and include,
+at a minimum:
+“(1) A description of training provided to support the implementa-
+tion;
+“(2) An assessment of staff understanding and consistency in ap-
+plication of updated definitions of abuse under ORS 419B.005, as
+amended by sections 1 and 2 of this 2026 Act;
+“(3) An assessment of staff understanding and consistency in ap-
+plication of the standard of proof by a preponderance of the evidence
+required for disposition determinations;
+“(4) An evaluation of the impact of the policy changes reflected in
+section 8 of this 2026 Act and the amendments to ORS 339.389, 409.185,
+418.259, 419B.005, 419B.015, 419B.020 and 419B.026 by sections 1 to 6, 9
+and 10 of this 2026 Act on the quality and sufficiency of documentation
+supporting disposition determinations; and
+“(5) Relevant data following implementation of section 8 of this 2026
+Act and the amendments to ORS 339.389, 409.185, 418.259, 419B.005,
+419B.015, 419B.020 and 419B.026 by sections 1 to 6, 9 and 10 of this 2026
+Act.
+“SECTION 12.
+Section 11 of this 2026 Act is repealed on January 2,
+2029.
+“ MISCELLANEOUS
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 30
+1
+2
+3
+4
+5
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+“SECTION 13.
+(1)(a) The amendments to ORS 339.389, 409.185,
+419B.015 and 419B.020 by sections 3, 4, 5 and 6 of this 2026 Act become
+operative on July 1, 2026.
+“(b) Section 8 of this 2026 Act and the amendments to ORS 418.259,
+419B.005, 419B.020 and 419B.026 by sections 1, 2, 4a, 9 and 10 of this 2026
+Act become operative on January 1, 2027.
+“(2) The Department of Human Services and law enforcement
+agencies may take any action before the operative dates specified in
+subsection (1) of this section that is necessary to enable the depart-
+ment or law enforcement agencies, on or after the operative dates
+specified in subsection (1) of this section, to undertake and exercise
+all of the duties, functions and powers conferred on the department
+or law enforcement agencies by section 8 of this 2026 Act and the
+amendments to ORS 339.389, 409.185, 418.259, 419B.005, 419B.015, 419B.020
+and 419B.026 by sections 1 to 6, 9 and 10 of this 2026 Act.
+“SECTION 14. (1) The amendments to ORS 339.389, 409.185, 419B.015
+and 419B.020 by sections 3, 4, 5 and 6 of this 2026 Act apply to investi-
+gations of child abuse initiated on or after July 1, 2026.
+“(2) The amendments to ORS 419B.020 by section 4a of this 2026 Act
+apply to investigations of child abuse initiated on or after January 1,
+2027.
+“(3) The amendments to ORS 419B.005 by sections 1 and 2 of this
+2026 Act apply to acts occurring on or after January 1, 2027.
+“(4) Section 8 of this 2026 Act and the amendments to ORS 418.259
+and 419B.026 by sections 9 and 10 of this 2026 Act apply to reports of
+abuse occurring on or after January 1, 2027.
+“SECTION 15. The unit captions used in this 2026 Act are provided
+only for the convenience of the reader and do not become part of the
+statutory law of this state or express any legislative intent in the
+enactment of this 2026 Act.
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 31
+1
+2
+3
+4
+“SECTION 16.
+This 2026 Act being necessary for the immediate
+preservation of the public peace, health and safety, an emergency is
+declared to exist, and this 2026 Act takes effect on its passage. ”.
+ HB 4059-4 2/11/26
+ Proposed Amendments to HB 4059 Page 32

Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.