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KARLY'S LAW
419B.022 Short title. ORS 419B.023 and 419B.024 shall be known and may be cited as “Karly’s Law.” [2007 c.674 §1]
419B.023 Duties of person conducting investigation under ORS 419B.020. (1) As used in this section:
(a) “Designated medical professional” means the person described in ORS 418.747 (9) or the person’s designee.
(b) “Suspicious physical injury” includes, but is not limited to:
(A) Burns or scalds;
(B) Extensive bruising or abrasions on any part of the body;
(C) Bruising, swelling or abrasions on the head, neck or face;
(D) Fractures of any bone in a child under the age of three;
(E) Multiple fractures in a child of any age;
(F) Dislocations, soft tissue swelling or moderate to severe cuts;
(G) Loss of the ability to walk or move normally according to the child’s developmental ability;
(H) Unconsciousness or difficulty maintaining consciousness;
(I) Multiple injuries of different types;
(J) Injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ; or
(K) Any other injury that threatens the physical well-being of the child.
(2) If a person conducting an investigation under ORS 419B.020 observes a child who has suffered suspicious physical injury and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse, the person shall, in accordance with the protocols and procedures of the county multidisciplinary child abuse team described in ORS 418.747:
(a) Immediately photograph or cause to have photographed the suspicious physical injuries in accordance with ORS 419B.028; and
(b) Ensure that a designated medical professional conducts a medical assessment within 48 hours, or sooner if dictated by the child’s medical needs.
(3) The requirement of subsection (2) of this section shall apply:
(a) Each time suspicious physical injury is observed by Department of Human Services or law enforcement personnel:
(A) During the investigation of a new allegation of abuse; or
(B) If the injury was not previously observed by a person conducting an investigation under ORS 419B.020; and
(b) Regardless of whether the child has previously been photographed or assessed during an investigation of an allegation of abuse.
(4)(a) Department or law enforcement personnel shall make a reasonable effort to locate a designated medical professional. If after reasonable efforts a designated medical professional is not available to conduct a medical assessment within 48 hours, the child shall be evaluated by an available physician.
(b) If the child is evaluated by a health care provider as defined in ORS 127.505 other than a designated medical professional, the health care provider shall make photographs, clinical notes, diagnostic and testing results and any other relevant materials available to the designated medical professional for consultation within 72 hours following evaluation of the child.
(c) The person conducting the medical assessment may consult with and obtain records from the child’s regular pediatrician or family physician under ORS 419B.050.
(5) Nothing in this section prevents a person conducting a child abuse investigation from seeking immediate medical treatment from a hospital emergency room or other medical provider for a child who is physically injured or otherwise in need of immediate medical care.
(6) If the child described in subsection (2) of this section is less than five years of age, the designated medical professional may, within 14 days, refer the child for a screening for early intervention services or early childhood special education, as those terms are defined in ORS 343.035. The referral may not indicate the child is subject to a child abuse investigation unless written consent is obtained from the child’s parent authorizing such disclosure. If the child is already receiving those services, or is enrolled in the Head Start program, a person involved in the delivery of those services to the child shall be invited to participate in the county multidisciplinary child abuse team’s review of the case and shall be provided with paid time to do so by the person’s employer.
(7) Nothing in this section limits the rights provided to minors in ORS chapter 109 or the ability of a minor to refuse to consent to the medical assessment described in this section. [2007 c.674 §3; 2009 c.296 §1]
Note: 419B.023 was added to and made a part of 419B.005 to 419B.050 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
419B.024 Critical Incident Response Team for child fatality; rules. (1) The Department of Human Services shall assign a Critical Incident Response Team within 24 hours after the department determines that a child fatality was likely the result of child abuse or neglect if:
(a) The child was in the custody of the department at the time of death; or
(b) The child was the subject of a child protective services assessment by the department within the 12 months preceding the fatality.
(2) During the course of its review of the case, the Critical Incident Response Team may include or consult with the district attorney from the county in which the incident resulting in the fatality occurred.
(3) The department shall adopt rules necessary to carry out the provisions of this section. The rules adopted by the department shall substantially conform with the department’s child welfare protocol regarding Notification and Review of Critical Incidents. [2007 c.674 §4]
Note: 419B.024 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.
419B.028 Photographing child during investigation; photographs as records. (1) In carrying out its duties under ORS 419B.020, any law enforcement agency or the Department of Human Services may photograph or cause to have photographed any child subject of the investigation for purposes of preserving evidence of the child’s condition at the time of the investigation. Photographs of the anal or genital region may be taken only by medical personnel.
(2) When a child is photographed pursuant to ORS 419B.023, the person taking the photographs or causing to have the photographs taken shall, within 48 hours or by the end of the next regular business day, whichever occurs later:
(a) Provide hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format to the designated medical professional described in ORS 418.747 (9); and
(b) Place hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format in any relevant files pertaining to the child maintained by the law enforcement agency or the department.
(3) For purposes of ORS 419B.035, photographs taken under authority of this section shall be considered records.