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By Patti S. Murphy J.D.
Lincoln County, Oregon
As an Attorney, I have serious Conflict of Issues concerns with what is essential an Oregon Law Firm lobbying our Legislature on HB 4059, in apparent collaboration with Washington DC Big Tech, AI Businesses, and Big Money Consultants, to accomplish a Federal Takeover of Oregon’s Child Protection Policy, in the words of those allies, “COVERTLY” not overtly!!!
According to their own Website, Youth Rights Justice, is bound Contractually with the state as public defense and dependency attorneys,(Executive Branch), at the same time that they claim to be Representing their clients individually in Court (Judicial Branch), and openly admit to also Lobbying the Legislature (Legislative Branch) to undermine public safety for abused and foster children by offering Free Forms on Their Website so dangerous Adjudicated Abusers can expunge their records and escape consequences of their behavior (thus endangering children further because it removes the very Warnings that Local, State and Federal Background Checks are intended to offer the Public). Whether this is merely an unapproved practice of law or serious violations of Legal Ethics may be undetermined yet, but it raises SERIOUS RED FLAGS about the true meaning and intent of Oregon HB 4059
CAVEAT!!! HB 4059 is NOT just trying to change a few words in the Definition of Abuse or raise the Burden of Proof. This Act would PREVENT Oregon from STOPPING ABUSERS, especially the most serious and repetitive ones. It would LEGALIZE STRANGER DANGER by removing/redefining the very Child Protective Laws that Oregonians depend upon today.
My reading of the proposed Act is that at essence it is a Trojan Horse, a Predator-Protection Act, as written, which would PREVENT even the accusation, mandatory reporting, investigation and/or prosecution of Child Abuse cases against Anyone Other Than the Parents, Care-Providers or Others with Direct Authority over Oregon’s children and youth. In other words, as was confirmed by Daniel, the Chief of Staff to Rep. Hartman, yet who barely mentioned her name, if at all, during his lengthy testimony about the bill January 14th, ALL OTHER PERPETRATORS would be Free From Child Abuse Investigations or Charges entirely, subject only to Law Enforcement requiring near certainty “Beyond a Reasonable Doubt” for prosecution or conviction.
Yes, you heard that Right! ANY STRANGER or Non-custodian of a child would be Exempt from Child Abuse, Neglect or Exploitation investigations for ALMOST ANY REASON (including Rape, Incest, Serious Harm, Torture, Murder….) including KIDNAPPERS, INTERNET SEXUAL PREDATORS, HUMAN TRAFFICKERS, and so many more.
Opposition to this Bill is running High, roughly 75-80% or more in written Public Testimony, including the Oregon Association of District Attorneys, the Oregon Sheriff’s Association, and Oregon Child Abuse Solutions, our statewide Coalition of Children’s Advocacy Centers, oregoncas.org , 222327.pdf , the primary ” agency in Oregon that fights to end all forms of child abuse by providing high-quality intervention, therapeutic, and prevention services for children” as represented by Sarah Stewart, Managing Director Of Kids First CAC in Eugene, and Disability Rights Oregon CEO & Executive Director, Jake Cornett.
For me, it is truly inconceivable that such a potentially catastrophic Timebomb of an idea has made it this far toward being considered by the Oregon legislature at all. It is time we correct short-staffing at CPS with better recruitment and training, not child sacrifice.
EDITOR’S NOTE: Here’s a link to a story about this legislation – that appears to “fix the problem” too many investigations – which really isn’t the problem, as more investigations means more abusers stopped, the real problem is the lack of staffing to conduct the investigations. Oregon has one of the highest standards for investigations “threat of harm” and this legislation looks to change it to outright abuse or neglect, the most common factor used to determine that a parent or other caregiver is an abuser. If we truly want to keep children safe, let’s stop it before it becomes outright abuse, and investigate potential abuse when there is the threat of harm.
This quote from the story is what really got me: “Disability Rights Oregon, an influential nonprofit that advocates for children with disabilities and successfully sued the state over flaws and bias in its foster care system, testified against the bill. Emily Cooper, the group’s legal director, said it opposes raising the standard to substantiate abuse or neglect. “We’re still seeing children get irrevocably harmed,” she testified. “I met with a 12 year old two weeks ago who said, ‘I shouldn’t have had to wait until my arm was broken before I was removed from my parents.’” Contact your state representatives and let them know to NOT support this legislation.