ORS § 419B.027

Current through 2024 Regular Session legislation
Section 419B.027 - Notice of founded disposition

Whenever an investigation conducted under ORS 419B.020 results in a notice of founded disposition being delivered to the person identified as the perpetrator in the founded disposition, the notice must also be provided to the person's attorney, if applicable.

ORS 419B.027

Added by 2023 Ch. 188, § 1

419B.027 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Sections 8 and 12, chapter 581, Oregon Laws 2023, provide:

Sec. 8. Exception against substantiation of allegation of abuse by public education program personnel. (1) Notwithstanding ORS 419B.005 (1)(a)(K), at the conclusion of an investigation under ORS 419B.020, the Department of Human Services may not substantiate an allegation of abuse against personnel of a public education program who have not been trained to the standard established in ORS 339.300 but who impose a restraint on a student if:

(a) The restraint is imposed in response to an imminent risk of serious bodily injury of any person;

(b) The person imposing the restraint does not act with reckless disregard for student safety; and

(c) The restraint does not impose a significant risk of impeding the student's breathing.

(2) Nothing in this section prohibits the department from finding that the public education program is responsible under section 2 of this 2023 Act [339.296] for abuse arising from the untrained personnel's inappropriate use of restraint.

(3) As used in this section, "public education program" and "restraint" have the meanings given those terms in ORS 339.285. [2023 c. 581, § 8]

Sec. 12. Section 8 of this 2023 Act is repealed on June 30, 2028. [2023 c. 581, § 12]