Current through 2024 Regular Session legislation effective June 6, 2024
Section 418.NEW - [Newly enacted section not yet numbered](1) If a children's advocacy center provides evidence that it is a member in good standing of, or is actively working toward accreditation by, a national organization that provides accreditation based on nationally recognized standards and on evidence-based measures, an employee or designated agent of the children's advocacy center who is participating in good faith in a child abuse assessment and who has reasonable grounds for that participation and for the conclusions or diagnoses made in that assessment shall have immunity:(a) From any civil liability that might otherwise be incurred or imposed with respect to participating in the assessment; and(b) With respect to participating in any judicial proceeding resulting from the assessment.(2) A children's advocacy center shall have the same immunity from any civil liability that might otherwise be incurred with respect to its employees' or designated agents' participation in a child abuse assessment as described in subsection (1) of this section.(3) Nothing in this section provides a children's advocacy center with immunity from liability for discrimination by its employees or designated agents if the discrimination is on the basis of a protected class, as defined in ORS 652.210.(4) Nothing in this section may be construed to limit or otherwise affect the liability of any person for damages resulting from the person's:(b) Reckless, wanton or intentional misconduct;(c) Abuse or neglect of the child who is the subject of the child abuse assessment; or(5) As used in this section, "designated agent" means a person contracted by a children's advocacy center to conduct child abuse assessments.Added by 2024 Ch. 68,§ 3, eff. 3/27/2024.