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Appendix D
DEFINITIONS
The Oregon Revised Statutes mandating reporting of child abuse is ORS 419B.010. A portion of that statute is set forth below. ORS 419B.0l0 provides that any person making a good faith report under the statute is immune from any civil or criminal liability for making that report. Absent the narrowly defined privileges set out in ORS 40.225A0.297, failure to report under the statute is a misdemeanor criminal offense. Retaliation against any person for making such a report is also prohibited. The following is an excerpt from the statute and should be used only as a guide. Further, statutes are amended from time to time, so the current complete statute should be consulted if any questions arise.
419B.005 Reporting of Child Abuse
A. DEFINITIONS AS USED... unless the specific context requires otherwise:
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1. |
"Child" means an unmarried person who is under 18 years of age. |
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2. |
"Abuse" means the physical abuse, neglect, sexual abuse or exploitation, mental injury, or threat of harm to a minor, such as
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a. |
any assault, as defined in ORS Chapter 163, of a child and any physical injury to a child, which has been caused by other than accidental means, including any injury, which appears to be at variance with the explanation given of the injury; |
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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; |
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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; |
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d. |
sexual abuse, as defined in ORS Chapter 163; |
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e. |
sexual exploitation, including but not limited to:
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1. |
contribution 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 |
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2. |
allowing, permitting, encouraging or hiring a child to engage in prostitution, as defined in ORS Chapter 167. |
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f. |
negligent treatment or maltreatment of a child, including but not limited to 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 parents or guardian shall not, for this reason alone, be considered a neglected or maltreated child under this section. |
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g. |
threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child's health or welfare. |
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3. |
A "Mandatory Reporter" under Oregon law is a(n)
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a. |
physician, including any intern or resident; |
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b. |
dentist; |
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c. |
school employee; [kindergarten - higher education] |
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d. |
licensed practical nurse or registered nurse; |
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e. |
employee of the Department of Human Resources, county health department, community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency or an alcohol and drug treatment program;
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f. |
peace officer; |
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g. |
psychologist; |
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h. |
clergyman; |
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i. |
licensed clinical social worker; |
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j. |
optometrist; |
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k. |
chiropractor; |
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l. |
certified provider of day care, foster care, or an employee thereof; |
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m. |
attorney; |
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n. |
naturopathic physician; |
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o. |
licensed professional counselor; |
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p. |
licensed marriage and family therapist; |
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q. |
firefighters and emergency medical technicians. |
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4. |
"Law enforcement agency" means
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a. |
any city or municipal police department; |
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b. |
any county sheriffs office; |
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c. |
the Oregon State Police; |
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d. |
the county juvenile department. |
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B. OTHER DEFINITIONS
For purposes of this policy statement, the following terms have the meaning indicated:
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Abbot: the Abbot of Mount Angel Abbey. For purposes of this document, references to the Abbot assume that in his absence the Prior of the monastery has the necessary authority. |
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2. |
Abbey: includes Mount Angel Abbey as a corporate entity, which includes but is not limited to the Monastery, Mount Angel Seminary, the Abbey Library, the Guesthouse, the Abbey Bach Festival, Summer Conference, Human Resources Office, Benedictine Press, Development Office, Abbey Kitchen, Maintenance and Custodial Department, and Business Office.
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3. |
Abbey personnel includes the following categories:
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a. |
all monks in solemn profession, temporary profession, novitiate, and postulancy of Mount Angel Abbey; |
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b. |
all priests, deacons, and religious of other jurisdictions employed by Mount Angel Abbey or residing at Mount Angel Abbey for more than one month; |
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c. |
all seminary faculty, personnel and administrators; |
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d. |
all paid personnel of Mount Angel Abbey; |
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e. |
all volunteers. |
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4. |
Clinical Pastoral Education (CPE): After the second year of theology (graduate studies) a seminarian enrolls in a CPE program at a specific hospital for the summer. This program, which lasts from 10 to 12 weeks, introduces and trains seminarians in ministry to the sick and dying. A certificate is granted at the end of the program for those who have completed their training successfully. (CPE is not required for students who do a pastoral internship.) |
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5. |
Deacon Assignments: During a seminarian's final year of study, and after ordination to the diaconate, a student is assigned to a parish in the Archdiocese of Portland, or in the Archdiocese of Seattle for Seattle seminarians, for the year. The pastor of the parish serves as the supervisor, and the seminary's Director of Pastoral Formation evaluates the progress of the deacon once during the year.
The seminary grants four credit hours (two each semester) when the seminarian successfully completes the year. |
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6. |
Field Education: a program of Field Education is conducted by the seminary for seminarians in the four years of undergraduate college and the first year of graduate theology unless a diocese requests more. This pastoral education program is conducted in institutions in Oregon where ministry opportunities are available for seminarian learning. The seminary may grant credit depending on the seminarian's level in school. |
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7. |
Pastoral Internship: generally, between the second and third year of theology (graduate studies) a seminarian returns to his own diocese or religious community to begin a year-long pastoral internship in a parish assigned by his bishop or religious superior. A supervisor, generally the pastor, is assigned and sets up a learning agreement with the seminarian. A member of the seminary administration evaluates the intern's progress with the supervisor and the intern twice during the year. The seminary grants eighteen credit hours when the seminarian successfully completes the year. |
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8. |
President-Rector: the CEO of Mount Angel Seminary. The President-Rector is responsible for implementing the Program for Child Protection as it applies to seminarians. He works in collaboration with the Office of Child Protection when an allegation of child abuse is received against a seminarian. |
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9. |
Seminarians: those students who have been admitted to Mount Angel Seminary and are affiliated with a sponsoring (arch)diocese or religious community. |
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10. |
Coordinator of the Office of Child Protection: an individual designated by the Abbot to receive and coordinate the handling of allegations of child abuse by Abbey personnel and seminarians. |
One Abbey Drive • St. Benedict,
Oregon 97373 • 503.845.3515
www.mtangel.edu |