The Oregon Department of Human Services Child Welfare Due Process Reform
Introduced by Paul M. Emmons
A Common-Sense Bill to Protect Families, Ensure Due Process, and Fix Oregon’s Broken System
Already support it?
Navigation Menu
Section 1: Title
Section 2: Definitions
Section 3: Purpose
Section 4: Evidentiary Standards for Child Removals
Section 5. Due Process Protections
Section 7: Ensuring Bipartisan Support
Section 8: Implementation & Funding
Section 9: Conclusion
Executive Summary
Introduction
The proposed Bill aims to protect families, ensure due process, and improve child welfare outcomes by strengthening legal protections, raising standards for child removals, and supporting families in crisis.
Section 1. Title
▶︎ Officially named the "Child Welfare Due Process Reform Act."▶︎ Focuses on fairness in CPS investigations and preventing unnecessary family separations.
Section 2. Definitions
▶︎ Establishes clear definitions for terms like "Clear and Convincing Evidence," "Immediate Danger," and "Kinship Care." ▶︎ Introduces the "Independent Child Welfare Review Board (ICWRB)" to audit CPS actions and enforce compliance.
Section 3. Purpose
▶︎ Raises evidentiary standards for child removals to prevent unjustified separations.▶︎ Guarantees free legal representation for parents throughout CPS investigations.▶︎ Prioritizes kinship care and addresses poverty-related issues with support programs rather than penalties.
Section 4. Evidentiary Standards for Child Removals
(4.1) Requires "Clear and Convincing Evidence" to justify child removal, emphasizing immediate and verifiable danger.(4.2) Prohibits reliance on predictive risk models and removes the basis for action rooted in poverty.(4.3) Strengthens protections for emotional or psychological harm allegations with required mental health evaluations.
Section 5: Due Process Protections
5.1 Legal Representation for Parents
(5.1.1) Mandates free legal counsel from the start of a CPS investigation for families unable to afford representation. (5.1.2) Ensures CPS provides written information on parents’ rights and access to legal aid. (5.1.3) Prevents CPS from taking coercive actions without an attorney present.
5.2 Judicial Oversight
(5.2.1) Parents have the right to an emergency court hearing within 10 days of a removal. (5.2.2) Courts must determine CPS compliance with evidence standards. (5.2.3) Burden of proof is on CPS to justify removals and document efforts to prevent them.
5.3 Implementation
(5.3.1) Establishes a division of specialized child welfare public defenders through Oregon Public Defense Services (OPDS). (5.3.2) Funds legal services via federal grants and mandates attorney training in family law and trauma-informed practices.
5.4 Oversight & Monitoring
(5.4.1) Creates the ICWRB to investigate CPS actions, enforce due process, and ensure compliance with the Act. (5.4.2) Annual DHS reports will measure legal representation outcomes, including family reunifications and foster care reduction.
5.5 Anticipated Outcomes
(5.5.1) Improved Parental Engagement: Ensures parents are informed and empowered during investigations. (5.5.2) Reduction in Wrongful Removals: Higher legal standards and oversight minimize unnecessary separations. (5.5.3) Enhanced Trust: Transparent, fair processes rebuild public confidence in the child welfare system.
Section 6: Expanding Kinship Care & Poverty Relief Programs
This section prioritizes kinship care placements over foster care and aims to tackle poverty-related issues that lead to unnecessary child removals:
6.1 Prioritizing Kinship Care
(6.1.1) Mandates kinship placements over foster care unless clear and convincing evidence proves immediate danger. (6.1.2) Requires judicial approval for bypassing a willing relative. (6.1.3) Ensures equal financial support for kinship caregivers, offering childcare vouchers, transportation assistance, and counseling services. (6.1.4) Provides training and peer support networks for kinship caregivers.
6.2 Addressing Poverty-Based Child Removals
(6.2.1) Prohibits removals based on poverty factors like housing instability, food insecurity, or lack of medical care. (6.2.2) Introduces Family Preservation Services for crisis relief (e.g., rent, utilities, and childcare assistance). (6.2.3) Creates a Family Preservation Fund to support at-risk families. (6.2.4) Partners with community organizations for tailored aid in low-income areas.
6.3 Oversight
(6.3.1) Collects data on kinship placements and family support outcomes.(6.3.2) Implements audits by the Independent Child Welfare Review Board (ICWRB).
Section 7: Ensuring Bipartisan Support
The Act appeals to bipartisan values by:
▶︎ Aligning with conservative goals of due process and limited government intervention.
▶︎ Supporting progressive aims of social justice and child welfare reform. This balanced approach aims to unify political support for protecting children and family rights.
Section 8: Implementation & Funding
8.1 Implementation Plan
(8.1.1) Phase 1 (First 6 Months): Revise policies, remove "risk of harm" standards, expand parent legal defense infrastructure, and begin judicial and CPS caseworker training.
(8.1.2) Phase 2 (6–18 Months): Launch pilot programs in five high-need counties, roll out the Family Preservation Fund, and monitor outcomes.
(8.2.2) Secure federal funding via the Family First Prevention Services Act (FFPSA) and Title IV-E grants.
8.2 Funding Strategy
(8.2.1) Reallocate budgets from foster care placements to kinship care, legal defense, and preservation services.
(8.2.2) Secure federal funding via the Family First Prevention Services Act (FFPSA) and Title IV-E grants.
Section 9: Conclusion
The Act ensures fairness in CPS investigations, prevents unnecessary child removals, and strengthens family unity. It represents a common-sense, bipartisan approach to safeguarding children while protecting parental rights and due process.
Take a Stand for Families
Sign the Petition
This bill restores due process, prevents unjust child removals, and puts families—not systems—first.
Your voice matters. Every signature builds momentum for reform.