(a) "Confidential communication"means a communication made
privately and not intended for further disclosure except to other persons
present in furtherance of the purpose of the communication.
(b) "Member of the clergy" means a minister of any
church, religious denomination or organization or accredited Christian Science
practitioner who in the course of the discipline or practice of that church,
denomination or organization is authorized or accustomed to hearing
confidential communications and, under the discipline or tenets of that church,
denomination or organization, has a duty to keep such communications secret.
(2) A member of the
clergy may not be examined as to any confidential communication made to the
member of the clergy in the member's professional character unless consent to
the disclosure of the confidential communication is given by the person who
made the communication.
(3) Even
though the person who made the communication has given consent to the
disclosure, a member of the clergy may not be examined as to any confidential
communication made to the member in the member's professional character if,
under the discipline or tenets of the member's church, denomination or organization,
the member has an absolute duty to keep the communication confidential. [1981
c.892 s.35; 1999 c.7 s.1]
Sec. 2. The amendments to ORS
40.260 by section 1 of this 1999 Act apply to all confidential communications
made to a member of the clergy, whether made before, on or after the effective
date of this 1999 Act [October 23, 1999]. [1999 c.7 s.2]
(A) 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 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.
(C) Rape of a child,
which includes but is not limited to rape, sodomy, unlawful sexual penetration
and incest, as those acts are defined in ORS chapter 163, or an attempt to
commit one of those acts against a child.
(D) Sexual abuse, as
defined in ORS chapter 163, or an attempt to commit 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 which 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 exhibition which, 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 which is part of any investigation conducted pursuant to
ORS 419B.020 or which is designed to serve educational or other legitimate
purposes; and
(ii) Allowing,
permitting, encouraging or hiring a child to engage in prostitution, as defined
in ORS chapter 167.
(F) Negligent treatment
or maltreatment of a child, including but not limited to the failure to provide
adequate food, clothing, shelter or medical care. However, any child who is
under care or treatment solely by spiritual means pursuant to the religious
beliefs or practices of the child or the child's parent or guardian shall not,
for this reason alone, be considered a neglected or maltreated child under this
section.
(G) Threatened harm to a
child, which means subjecting a child to a substantial risk of harm to the
child's health or welfare.
(H) Buying or selling a
person under 18 years of age as described in ORS 163.537, or attempting to buy
or sell a person under 18 years of age.
(b) "Abuse"
does not include:
(A) Reasonable
discipline unless the discipline results in one of the conditions described in
paragraph (a) of this subsection; or
(B) Injury caused by
reasonable physical contact between children occurring during sports activities
or play.
(3) "Law
enforcement agency" means:
(a) A city or municipal
police department.
(b) A county sheriff’s
office.
(c) The Oregon State Police
(d) A county juvenile
department.
(a) Physician, including
any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical
nurse or registered nurse.
(e) Employee
of the Department of Human Resources, State Commission on Children and
Families, Child Care Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health and
developmental disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) A police
officer or a reserve officer, as those terms are defined in ORS 181.610, who is
employed on a full-time or part-time basis and who is not a volunteer.
(g) Psychologist.
(h) Clergyman.
(i) Licensed clinical
social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider
of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic
physician.
(o) Licensed
professional counselor.
(p) Licensed marriage
and family therapist.
(q) Firefighter, as
defined in ORS 237.610, or emergency medical technician.
(r) A court appointed
special advocate, as defined in ORS 419A.004.
(s) A child care
provider registered or certified under ORS 657A.030 and 657A.250 to 657A.450.
(5) "State agency" has the meaning given that term in ORS
192.005.
(2) Notwithstanding
subsection (1) of this section, a report need not be made under this section if
the public or private official acquires information relating to abuse by reason
of a report made under this section, or by reason of a proceeding arising out
of a report made under this section, and the public or private official
reasonably believes that the information is already known by a law enforcement
agency or the State Offices for Services to Children and Families.
(3) A person who
violates subsection (1) of this section commits a violation punishable by a
fine not exceeding $1,000. Prosecution under this subsection shall be commenced
at any time within 18 months after commission of the offense.