justicedao/ipfs_state_laws huggingface dataset:
413-010-0440 Informal Complaint Review (1) A client, family member of a client, or contract provider may request an informal complaint review if no written complaint is submitted and the client, family member, or contract provider informs the caseworker or the caseworker's supervisor of the request. (2) Within one week of the caseworker or caseworker's supervisor receiving the request for an informal complaint review, the client, family member, or contract provider will be contacted to schedule a meeting at an agreed-upon time involving the caseworker, the supervisor, and the client, family member, or contract provider. The focus will be defining the problem, identifying the desired outcome, and establishing a plan for resolution. Every effort will be made to resolve the complaint through this informal discussion. (3) If the matter has not been resolved and the Child Welfare Program Manager did not participate in the informal complaint review, the Child Welfare Program Manager must participate in an additional discussion with the client or contract provider to attempt to resolve it. This discussion will be scheduled as soon as possible at a mutually agreed-upon time. (4) If the client, family member, or contract provider remains dissatisfied following discussion with the Child Welfare Program Manager, the program manager will give the client or contract provider a written decision regarding the subject of the complaint within five working days. If OAR 413-010-0430 does not make the matter ineligible for review, the written decision shall include information about the steps necessary to file a written complaint or report of discrimination (Form DHS 0170 and Department Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination"). Statutory/Other Authority: ORS 409.194, ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.192 & ORS 418.005 History: CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07 SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0480 Judicial Review These rules (OAR 413-010-0400 to 413-010-0480) do not create a contested case, as defined by ORS 183.310, subject to judicial review under 183.482. Statutory/Other Authority: ORS 409.194 & 418.005 Statutes/Other Implemented: ORS 409.192 & 418.005 History: CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0502 Representation (1) When a child or young adult has the right to a hearing because the Department takes an action under OAR 413-010-0500(2)(a), the foster parent or relative caregiver may: (a) Request a hearing on behalf of the child or young adult; and (b) Participate in the hearing as a representative on behalf of the child or young adult. (2) When the Department takes an action to deny, reduce, or terminate a benefit or service that is provided under Title IV-E or Title XIX of the Social Security Act, a party that is not an entity may be represented by an attorney, a relative, a friend, or other spokesperson as authorized by federal law. (3) In all other cases, a party may represent themselves or be represented by an attorney. (4) The Department, with the consent of the Attorney General, has authorized its employees to represent the Department in cases involving the actions described in OAR 413-010-0500(2)(a). (5) A Department employee acting as the Department's representative may not make legal argument on behalf of the Department. (a) "Legal argument" includes argument on: (A) The jurisdiction of the Department to hear the contested case; (B) The constitutionality of a statute or administrative rule or the application of a constitutional requirement to the Department; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of a motion, evidence, examination and cross-examination of a witness, or presentation of a factual argument or arguments on: (A) The application of a statute or administrative rule to the facts in the contested case; (B) Comparison of a prior Department action when handling a similar situation; (C) The literal meaning of a statute or administrative rule directly applicable to an issue in the contested case; (D) The admissibility of evidence; and (E) The correctness of a procedure being followed in the contested case hearing. (6) The Department may be represented in any contested case proceeding by the Department of Justice. (7) Contested cases under these rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the consent of each party and the Department. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 22-2016, f. & cert. ef. 12-1-16 CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
413-010-0505 Hearing Requests (1) To request a hearing under OAR 413-010-0500(2)(a): (a) The party or the party's representative must complete and sign a hearing request form approved by the Department; and (b) The form must be received by the Department not later than 30 days following the mailing date or date of personal delivery of the notice. (2) Requests for a hearing under OAR 413-010-0500(2)(b)-(d) and (f)-(g) must be in writing and must be postmarked or received by the Department by the date specified in the Department's notice or the applicable rule setting a hearing request deadline, whichever is later. (3) In the event a request for a hearing is not timely, OAR 137-003-0528 applies, except to the extent provided otherwise in section (5) of this rule. (4) If a contested case notice was sent by regular mail, and the party or party's representative indicates that neither the party nor the party's representative received or had actual knowledge of the contested case notice, the Department must advise the party or party's representative of the right to request a hearing under section (5) of this rule. (5) When the Department receives a hearing request that is not filed within the timeframe required by section (1) or section (2) of this rule but is filed no later than 60 days after a notice becomes a final order under OAR 413-010-0510(3): (a) If the Department finds that the party and party's representative did not receive the written notice and did not have actual knowledge of the notice, the Department refers the request for a hearing to the Office of Administrative Hearings (OAH) for a contested case hearing on the merits of the Department's action described in the notice. (b) The Department may refer the request for a hearing to the OAH for a contested case proceeding to determine whether the party or party's representative received the written notice or had actual knowledge of the notice. At the hearing, the Department must show that the party or party's representative had actual knowledge of the notice or that the Department mailed the notice to the correct address of the party or party's representative. (6) Upon receipt of a hearing request that is not described in OAR 413-010-0500(2), the Department may enter an order that the hearing request is not eligible for referral to OAH. Alternately, the Department may refer a hearing request to OAH for a decision on the question of whether there is a right to a contested case hearing. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, ORS 411.095, ORS 411.103 & ORS 418.005 History: CWP 37-2018, minor correction filed 04/16/2018, effective 04/16/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0515 Continuation of Benefits (1) Except as otherwise provided in this rule, a recipient of benefits is entitled to receive continuing benefits when the Department takes any action to suspend, reduce, or terminate benefits or services as described in subsections (2)(a)(A)–(F), (2)(b), or (2)(c) of OAR 413-010-0500, and the Department has: (a) Provided at least 10 days notice of such action as required by OAR 413-010-0510; (b) Received a request for a hearing from the recipient not later than 30 days following the mailing date or date of personal delivery of the notice, whichever is earlier; and (c) Received such request prior to the effective date of the action. (2) Any continuing benefits authorized by this rule are subject to recovery by the Department to the extent that the Department's action is sustained or otherwise upheld. (3) Continuing benefits may not be provided: (a) When the recipient specifically requests that he or she not receive continued assistance pending a hearing decision; (b) After a final order is issued by the Department; (c) After a change affecting the recipient's grant, as described in subsections (2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR 413-010-0500, occurs while the hearing decision is pending and the recipient fails to request a hearing after notice of the change; or (d) After a determination is made at a hearing that the sole issue is one of state or federal law or policy or change in state or federal law and not one of incorrect grant computation. (4) Except as otherwise provided in this rule, if the Department provides less than 10 days notice of an action to suspend, reduce, or terminate benefits or services as described in subsections (2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR 413-010-0500, a recipient of benefits is entitled to receive continuing benefits if the Department: (a) Receives a request for a hearing from the recipient within 10 days of the mailing of the notice of the action; and (b) Determines that the action resulted from other than the application of federal or state law or policy or a change in state or federal law. (5) Except as otherwise provided in this rule, if the Department provides less than 10 days notice of an action to suspend, reduce, or terminate benefits or services as described in subsection (2)(a)(C) or (F) of OAR 413-010-0500, or 5 days notice in cases of probable fraud as described in 42 CFR 431.214, a recipient of benefits is entitled to receive continuing benefits if the Department: (a) Receives a request for a hearing from the recipient within 10 days of the mailing of the notice of the action; and (b) Determines that the action resulted from other than the application of federal or state law or policy. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0520 Informal Conference (1) The Department representative and the party or party's representative may have an informal conference to discuss any of the matters listed in OAR 137-003-0575(4). The informal conference also may be used to: (a) Provide an opportunity for the Department and the party to settle the matter; (b) Ensure the party understands the reason for the action that is the subject of the hearing request; (c) Give the party an opportunity to review the documents that are the basis for that action; (d) Give the party an opportunity to review the rules that support the Department's action; (e) Give the party and the Department the chance to correct any misunderstanding of the facts; and (f) Give the Department an opportunity to review its action. (2) The party may, at any time prior to the hearing date, request an additional informal conference with the Department representative. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0525 Burden of Proof In any contested case covered by these rules (OAR 413-010-0500 to 413-010-0535): (1) The Department has the burden of proof for the revocation of a certificate of approval, the suspension or revocation of a license, or the imposition of a civil penalty. (2) In cases not covered by section (1) of this rule, the party has the burden of proof. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 22-2016, f. & cert. ef. 12-1-16 CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0530 Withdrawals and Dismissals (1) Withdrawals. (a) A party or party's representative may withdraw a request for a hearing orally or in writing at any time before a final order has been issued on the contested case. (b) Following a withdrawal under subsection (a) of this section, the Department or OAH sends an order dismissing the hearing request to the party's last known address. The party may cancel the withdrawal if a request to cancel the withdrawal is received by the Department representative up to the tenth work day following the date such an order is sent. If the party withdrew the hearing request in writing, the Department must receive a timely written request to cancel the withdrawal. (c) The Department may withdraw any pending referral from OAH at any time before a final order is served when: (A) The Department provides to the party the relief sought; or (B) The Department and the party reach an agreement under ORS 183.417(3). (2) Dismissals. An order dismissing a hearing request is issued when the party or the party's representative does not appear at the time and place specified for the hearing. (a) The dismissal by order is effective on the date the order is issued. (b) The Department may reconsider and cancel the dismissal under OAR 137-003-0675 on request of the party on a timely showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond party's reasonable control. The Department may refer the reconsideration decision to OAH. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0535 Proposed and Final Orders (1) When the Department refers a contested case under these rules (OAR 413-010-0500 to 413-010-0535) to OAH, the Department indicates on the referral whether the Department is authorizing: (a) A proposed order; (b) A proposed and final order (OAR 137-003-0645(4); or (c) A final order. (2) During or after a contested case hearing, when it is determined that the correct application of OAR 413-020-0230, 413-090-0133, or 413-090-0150 requires the consideration of facts that differ from the facts on which the Department made a decision to deny, reduce, or terminate either a level of care payment or a level of personal care payment, the Department will reapply OAR 413-020-0230, 413-090-0133, or 413-090-0150 based on new or different facts. (3) When the Department authorizes either a proposed order or a proposed and final order: (a) The party may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be received at the location indicated in the order, and postmarked or received not later than the tenth day after service of the proposed order or proposed and final order. (b) If the party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the eleventh day after service of the proposed and final order unless the Department has issued a revised order or has notified the parties and the administrative law judge that the Department will issue the final order. (c) When the Department receives timely exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655. (4) A request by a party for reconsideration or rehearing must be filed with the person who signed the final order within the time limits of OAR 137-003-0675. (5) A final order should be issued or the case otherwise resolved no later than 90 days following the receipt of the request for a hearing. (6) A final order is effective immediately upon being signed or as otherwise provided in the order. (7) The Department reserves the right to withdraw or amend any final order issued by OAH or the Department at any time permitted by law. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005 History: CWP 22-2016, f. & cert. ef. 12-1-16 CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 20-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
413-010-0700 Purpose (1) The purpose of these rules (OAR 413-010-0700 to 413-010-0750) is to establish procedures for ensuring the rights of individuals to receive notice and the opportunity to request a review when a Child Protective Services (CPS) assessment results in a CPS founded disposition. (2) The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires child protective service agencies to provide notice to individuals identified as responsible for child abuse and to provide individuals with an opportunity to request and have a review of the disposition. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 26-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 2-2012, f. & cert. ef. 4-4-12 CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04 CWP 1-2003, f. & cert. ef. 1-7-03 SOSCF 18-2000, f. & cert. ef. 8-4-00
413-010-0705 Definitions Definitions for OAR 413-010-0700 to 413-010-0750 are in OAR 413-010-0000. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 25-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2012, f. & cert. ef. 4-4-12 CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12 CWP 2-2005, f. & cert. ef. 2-1-05 CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04 CWP 1-2003, f. & cert. ef. 1-7-03 SOSCF 9-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 18-2000, f. & cert. ef. 8-4-00
413-010-0710 Required Forms Several Department forms are referred to by form number in these rules. The forms are available at the Department's website. When use of a form is required by these rules, the current version of the form must be used. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 24-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 2-2012, f. & cert. ef. 4-4-12 CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12 CWP 2-2005, f. & cert. ef. 2-1-05
413-010-0714 Notice and Review when the Perpetrator is a Department Employee When the perpetrator is a Department employee, the Department will follow the Child Welfare Procedure Manual for notice and review outlined in “CPS Assessment and Founded CPS Disposition Review for Department Employees". Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 23-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 2-2012, f. & cert. ef. 4-4-12 CWP 2-2005, f. & cert. ef. 2-1-05 CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04 CWP 1-2003, f. & cert. ef. 1-7-03 SOSCF 18-2000, f. & cert. ef. 8-4-00
413-010-0715 Providing Notice of a CPS Founded Disposition (1) The local Child Welfare office must deliver a "Notice of a CPS Founded Disposition" (Form CF 313 ) to the person identified as the perpetrator in the CPS founded disposition, except as provided in section (2) of this rule. If the perpetrator is a juvenile, notice must be provided as required by OAR 413-010-0716, otherwise, the notice must be delivered as follows: (a) By certified mail, restricted delivery, with a return receipt requested to the last known address of the perpetrator; or (b) By hand delivery to the perpetrator. If hand delivered, the notice must be addressed to the perpetrator and a copy of the notice must be signed and dated by the perpetrator to acknowledge receipt, signed by the person delivering the notice, and filed in the child welfare case file. (c) If subsection (2)(b) of this rule does not apply, the method or process for providing notice of a CPS founded disposition when domestic violence has been identified should maximize the safety of the child, the adult victim, and Department employees. The Department will not use the adult victim to deliver the notice. (2) A "Notice of a CPS Founded Disposition" (Form CF 313) is not required if: (a) The CPS founded disposition was made prior to August 4, 2000. Notice will be given on CPS founded dispositions made prior to August 4, 2000 as provided in OAR 413 010-0717. (b) Domestic violence has been identified and if providing the notice would increase the risk of harm to a child, adult victim, or Department employee. This exception may only be made with Department management approval based on documentation of risk. (3) Notifications made in section (1) of this rule must be documented in the Child Welfare electronic information system within five business days of the supervisory approval of the CPS assessment . The documentation must include: (a) Who made the notification. (b) To whom the notification was made. (c) The date the notification was made. (d) A copy of the original “Notice of a CPS Founded Disposition” (Form CF 313) delivered to the perpetrator saved in the Child Welfare electronic information system. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 22-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 2-2012, f. & cert. ef. 4-4-12 CWP 2-2005, f. & cert. ef. 2-1-05 CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04 CWP 1-2003, f. & cert. ef. 1-7-03 SOSCF 18-2000, f. & cert. ef. 8-4-00