Oregon legislation · 2026 Legislative Measures
Oregon HB4059: Relating to child abuse; declaring an emergency.
Status: Failed, March 6, 2026
Digest: The Act changes what "abuse" means when talking about hurting a child. It says that DHS can only look into some reports of child abuse. It also makes a rule for how certain reports of child abuse are resolved. It is an emergency law and starts right away. (Flesch Readability Score: 76.5). [ Digest: The Act changes what "threatened harm" means when talking about hurting a child. It says that DHS can only look into some reports of child abuse. It also makes a rule for how certain reports of child abuse are resolved. It is an emergency law and starts right away. (Flesch Readability Score: 78.7). ] Modifies the definition of [ "threatened harm" ] "abuse" for purposes of determining whether a child has been abused. Limits the investigative jurisdiction of the Department of Human Services to investigate certain reports of child abuse. Prohibits making findings in abuse investigations where the alleged perpetrator was a minor at the time of the alleged abuse. Creates exceptions. [ Creates a statutory substantiation standard for certain reports of alleged child abuse. ] Increases the standard of proof necessary for reporting certain abuse investigation findings to the central state registry. Directs the department to monitor implementation of new child abuse investigation processes and report back to the interim committees of the Legislative Assembly relating to human services. Declares an emergency, effective on passage.
What the bill says
From the introduced text, February 16, 2026:
83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session HOUSE AMENDMENTS TO HOUSE BILL 4059 By COMMITTEE ON EARLY CHILDHOOD AND HUMAN SERVICES February On page 1 of the printed bill, line 2, after "409.185," insert "418.259,". Delete lines 5 through 25 and delete pages 2 through 12 and insert: "THREATENED HARM "SECTION 1. ORS 419B.005 is amended to read: "419B.005. As used in ORS 419B.005 to 419B.050, unless the context requires otherwise: "(1)(a) 'Abuse' means: "(A) Any assault, as defined in ORS chapter 163, of a child and 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 cruel or unconscionable acts or statements made, or threatened to be made, to a child if the acts, statements or threats result in severe harm to the child's psychological, cognitive, emotional or social well-being and functioning. "(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are described in ORS chapter 163. "(D) Sexual abuse[, as described in ORS chapter 163.] of a child or placing a child at substantial risk of sexual abuse. "(E) Sexual exploitation, including but not …