Mandatory Reporting of Child Abuse

As defined by ORS 419B.005, abuse includes, but is not limited to:

• Any assault of a child and any physical injury to a child caused by other than accidental means
• Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child
• Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest
• Sexual abuse
• Sexual exploitation, including:
  • Contribution to the sexual delinquency of a minor
  • Allowing, permitting, encouraging or hiring a child to engage in prostitution or patronize a prostitute
• Negligent treatment or maltreatment of a child
• Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare
• Buying or selling a child
• Allowing a child on the premises where methamphetamine is being manufactured
• Unlawful exposure to a controlled substance that subjects a child to risk of harm.

A mandatory reporter who fails to report is subject to prosecution of a Class A violation of the law, which can result in the imposition of a substantial fine.

Some mandatory reporters have also been sued for damages in civil court for failure to report.

No, there is no research exemption even if the employee learns of suspected child abuse through research meant to help children (for example, in sex trafficking, parenting, and drug-related research). However, the legal responsibility to report is triggered only when you have reasonable cause to believe that any child with whom you come into contact has suffered abuse or that any person with whom you come into contact has abused a child.

Please contact the Director of Human Resources about notification of reporting requirements you will need to give your research subjects.

Higher education employees include all WOU faculty and staff, student workers, graduate assistants, and temporary employees.

Volunteers, contractors, interns or students who are not employees are not mandatory reporters unless their profession is otherwise noted in the list in question. However, it is the University’s expectation that volunteers, contractors, students and interns will report issues of suspected child abuse to their supervisors.

You must immediately report to the State of Oregon Department of Human Services (DHS) or a local law enforcement agency if you have “reasonable cause to believe” that any child with whom you come into contact has suffered abuse or that any person with whom you come into contact has abused a child. A law enforcement agency is a local police department, county sheriff, county juvenile department, or the Oregon State Police. For instances that related to WOU-authorized activities, employees are expected to make the report immediately to the local DHS office or local law enforcement. You may also contact the WOU Human Resources Director (503 838-8490 or 503 838-8131) for assistance.

The law requires an “oral” report, so reports are typically made by phone. You may be asked for additional written information from the agency you contact. Most DHS offices throughout the state are open from 8 a.m. to 5 p.m., Monday through Friday. Contact the Marion/Polk County Child Abuse Hotline at (503) 378-6704. After hours or emergency reports should be made to local law enforcement by calling 911.

You do not need to report to both DHS and local law enforcement. A report to one agency will be communicated to the other.

No. A report is not an already established fact, but rather information which triggers an official assessment into the safety and condition of a child. By reporting, you are informing DHS or law enforcement of a situation that requires them to assess the incident. If you have questions about whether or not to report, please call the local DHS office.

The reporter’s identity will remain confidential to the full extent allowable by laws. If court action is initiated, the reporting person may be called as a witness or the court may order that the reporter’s name be disclosed. Only people with firsthand knowledge of the child’s situation can provide testimony proving that abuse has occurred.