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--- version:A-Engrossed+++ version:(document, no version)@@ -14,1602 +14,1910 @@141516-83rd 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 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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.-[2]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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.-[3]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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.-[4]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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:-[5]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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:-[6]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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.+17+18+19+20+21+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+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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.+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 3+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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.+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 4+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 5+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ Proposed Amendments to HB 4059 Page 6+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 7+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 8+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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.+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 9+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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+ Proposed Amendments to HB 4059 Page 10+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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-[7]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 11+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“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-+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 12+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 13+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+notification may interfere with an investigation or assessment or jeopardizethe 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-[8]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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-[9]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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.-[10]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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+ Proposed Amendments to HB 4059 Page 14+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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 controlover 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+ Proposed Amendments to HB 4059 Page 15+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+(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+ Proposed Amendments to HB 4059 Page 16+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ Proposed Amendments to HB 4059 Page 17+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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+ Proposed Amendments to HB 4059 Page 19+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ Proposed Amendments to HB 4059 Page 21+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ Proposed Amendments to HB 4059 Page 22+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+ Proposed Amendments to HB 4059 Page 23+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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-[11]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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--[12]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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--[13]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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-[14]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-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;-[15]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 24+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“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.+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 25+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“(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+ HB 4059-4 2/11/26+ Proposed Amendments to HB 4059 Page 26+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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 abuseeven 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;-[16]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(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+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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 duringthat 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-[17]-A-Eng. HB 4059-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-(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+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+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+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+“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
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