justicedao/ipfs_state_laws huggingface dataset:
413-010-0716 Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile (1) The local Child Welfare office that determines a juvenile is the perpetrator must deliver the "Notice of CPS Founded Disposition" (Form CF 313) to one of the following persons who may act on behalf of the juvenile in submitting a request for review based on having legal custody of the juvenile: (a) The juvenile's parent; or (b) The juvenile's guardian. (2) If the juvenile is in the legal custody of the Department or the Oregon Youth Authority, the notice must be sent to both of the following: (a) The juvenile's attorney; and (b) The juvenile's parent, unless there is cause to believe such communication will be detrimental to the juvenile (see OAR 413-020-0170(3)(c)). (3) If the juvenile is in the legal custody of the Department and is unrepresented, the Department will ask the juvenile court to appoint an attorney for the juvenile. (4) The "Notice of a CPS Founded Disposition" (Form CF 313) must be delivered by certified mail, restricted delivery, with a return receipt requested to the last known address of each mandatory recipient identified in sections (1) and (2) of this rule. (5) Any other notices or documents that must be provided to perpetrators pursuant to these rules must be delivered to the appropriate persons as outlined in this rule if the perpetrator is a juvenile. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419.370 History: CWP 21-2023, minor correction filed 05/16/2023, effective 05/16/2023 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
413-010-0717 Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 (1) The Department will not deliver a "Notice of Founded CPS Disposition" (Form CF 313) to a person identified as a perpetrator in a CPS founded disposition completed prior to August 4, 2000, unless a person makes an inquiry to the Department about an opportunity for review and qualifies for a review as described in section (2) of this rule. (2) An individual identified as a perpetrator in a CPS founded disposition completed prior to August 4, 2000 may contact any Child Welfare office and inquire about a review of the disposition. If a complete record of the incident, including a complete copy of the CPS assessment and documentation collected during the CPS assessment, is still available, the Department proceeds in accordance with OAR 413-010-0718. If a complete record of the incident is no longer available, the Department will not conduct a review but will provide notice to the individual that a review will not be conducted and the reasons for that determination. [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 20-2023, minor correction filed 05/16/2023, effective 05/16/2023 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
413-010-0718 Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice If a person believes he or she is entitled under these rules (OAR 413-010-0700 to 413-010-0750) to a "Notice of CPS Founded Disposition" (Form CF 313) but has not received one, the person may contact any Child Welfare office to inquire about a review of the disposition. (1) If the local Child Welfare office determines that the person making the inquiry has been identified as a perpetrator in a CPS founded disposition since August 4, 2000, staff must determine whether a "Notice of CPS Founded Disposition" (Form CF 313) was delivered to the perpetrator or the perpetrator refused the delivery of the notice, as evidenced by the returned receipt. (2) If a notice was delivered to the perpetrator or the perpetrator refused delivery of the notice, as evidenced by a returned receipt, and the time for requesting review of the CPS founded disposition has expired, the local Child Welfare office must either prepare and deliver a "Notice of Waived Rights" (Form CF 316) or inform the perpetrator by telephone of the information required in the "Notice of Waived Rights" and document the telephone notification in the child welfare case file. (3) If the perpetrator is a juvenile, the local Child Welfare office must prepare and deliver a "Notice of Waived Rights" to the appropriate persons identified in OAR 413 010-0716. (4) If no returned receipt exists or if it appears that notice was not properly provided, the local Child Welfare office must deliver a "Notice of CPS Founded Disposition" as provided in OAR 413-010-0720 or, if the perpetrator is a juvenile, as provided in OAR 413-010-0716. [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 19-2023, 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
413-010-0720 Information Included in the "Notice of a CPS Founded Disposition" (Form CF 313) The "Notice of a CPS Founded Disposition" (Form CF 313) must include all of the following: (1) The case number and assessment completed date for the CPS assessment that resulted in the CPS founded disposition. (2) The full name of the individual who has been identified as responsible for the abuse as it is recorded in the case record. (3) A statement that the CPS Disposition was recorded as "founded" including a description of the type of abuse identified. (4) A statement, written by a Child Welfare employee who has completed the mandatory Child Welfare training for CPS workers , which briefly explains how the CPS founded disposition was determined. (5) A statement about the right of the individual to submit a request for review of the CPS founded disposition. (6) Instructions for making a request for review, including the requirement that the requestor provide a full explanation why the requestor believes the CPS founded disposition is in error. (7) A statement that the person waives the right to request a review if the request for review is not received by a Child Welfare local office within 30 calendar days from the date of receipt of the "Notice of CPS Founded Disposition," as documented by a returned receipt. (8) A statement that the Child Welfare local office will consider relevant information and materials contained in the Department's case file, including the CPS assessment and disposition, screening information, assessment information and narrative, related police reports, medical reports, and information submitted with the request for review by the person requesting review. (9) A statement that the review process will not include re-interviewing the victim; interviewing or meeting with the person requesting a review, with others associated with the requestor, or with others mentioned in the assessment; or conducting a field assessment of the allegation of abuse. (10) A statement that the Child Welfare local office will send the requestor a "Notice of Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) within 30 days of receiving a request for review. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 18-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 118-2018, amend filed 11/29/2018, effective 11/29/2018 CWP 106-2018, temporary amend filed 09/12/2018, effective 09/12/2018 through 03/10/2019 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 18-2000, f. & cert. ef. 8-4-00
413-010-0721 Making a Request for a Review of a CPS Founded Disposition A person requesting a review must use information contained on the "Notice of CPS Founded Disposition" to prepare a written request for review. The written request for review must be delivered to the local Child Welfare office within 30 calendar days of the receipt of the Notice of CPS Founded Disposition and must include the following items: (1) Date the request for review is written; (2) Case number and the date the CPS assessment was completed found on the "Notice of CPS Founded Disposition"; (3) Full name of the person identified as responsible for abuse in the CPS founded disposition; (4) A full explanation about why the person disagrees with the CPS founded disposition; (5) Any additional relevant information and materials the person wants considered during the review; (6) The person's current name (if it has changed from the name noted in section (3) of this rule); (7) The person's current street address and telephone number; and (8) The person's signature. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 17-2023, 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
413-010-0722 Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) (1) The Department does not conduct a review when there is a legal finding consistent with the CPS founded disposition. In that case, a "Notice of Legal Finding" must be provided as provided in OAR 413-010-0723. (2) If the Department is aware that a legal proceeding is pending, the Department will not review the CPS founded disposition until the legal proceeding is completed. (3) If the Department is aware that a legal proceeding is pending, the local Child Welfare office must prepare and deliver a notice of legal proceedings (CF 317) within 30 days after receipt of a request for review. This informs the requestor that the Department will not review the disposition until the legal proceeding is completed and will take no further action on the request. (4) The requestor may, at the conclusion of the legal proceeding, again submit a request for review within 30 days. (5) The requestor retains the right to request a review for 30 days following resolution of the legal proceeding. [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 41-2026, minor correction filed 03/02/2026, effective 03/02/2026 CWP 16-2023, 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 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
413-010-0723 Providing a Notice of Legal Finding (Form CF 318) If a requestor inquires about a review of a CPS founded disposition and there is a legal finding consistent with the CPS founded disposition, the local Child Welfare office staff must prepare and deliver a "Notice of Legal Finding" (Form CF 318) that informs the requestor that the Department will not review the disposition. [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 15-2023, 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 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
413-010-0724 Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received The local Child Welfare office staff must provide a “Notice of Waived Rights” (Form CF 316) when the person authorized to request a review: (1) Delivers the written request for a Local Child Welfare Office CPS Founded Disposition Review to the local Child Welfare office more than 30 calendar days after the “Notice of a CPS Founded Disposition Review” (Form CF 313) was received by the addressee, as evidenced by the returned receipt for that notice. (2) Delivers the written request for a Central Office CPS Founded Disposition Review to the local Child Welfare office more than 30 calendar days after the “Notice of Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) was received by the addressee, as evidenced by the returned receipt for that notice. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 14-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 1-2021, adopt filed 01/04/2021, effective 01/04/2021
413-010-0732 Local Child Welfare Office Responsibilities Related to Notices and Reviews (1) If an individual asks to review Department records for the purpose of reviewing a CPS founded disposition, state and federal confidentiality law, including OAR 413-010-0010 to 413-010-0075 and 413-350-0000 to 413-350-0090 govern the inspection and copying of records. (2) The local Child Welfare office must maintain records to demonstrate the following, when applicable: (a) Whether the Department delivered a "Notice of CPS Founded Disposition;" (b) Whether or not the Notice of CPS Founded Disposition was received by the addressee, as evidenced by a returned receipt documenting that the notice was received, refused, or not received within the 15-day period provided by the United States Postal Service; (c) The date a Request for a Local Child Welfare Office CPS Founded Disposition Review was received by the local Child Welfare office; (d) If a review is conducted by a local Child Welfare office, whether the "Notice of the Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) was received by the addressee as evidenced by a returned receipt documenting that the notice was received, refused, or not received within the 15-day period as provided by the United States Postal Service; and (e) The date a request for review by Central Office was received by the Department. (3) The Child Welfare supervisor in each local Child Welfare office or designee must maintain a comprehensive record of the reviews completed by the local Child Welfare office on CPS founded dispositions arising out of the local Child Welfare office to which the supervisor is assigned. The record must include the date, case number, date the CPS assessment was completed, and the decision for each review completed by the local Child Welfare office. [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 13-2023, 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 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 18-2000, f. & cert. ef. 8-4-00
413-010-0740 Requesting a Central Office Review (1) A person entitled to the notice described in OAR 413-010-0738 may, within 30 days of receipt of the notice, request a Central Office CPS Founded Disposition Review. (2) A person requesting a Central Office CPS Founded Disposition Review may use a copy of the request for local Child Welfare office review or prepare a new request for Central Office Review, following the requirements outlined in OAR 413-010-0721. (3) A person requesting a Central Office CPS Founded Disposition Review must deliver the request to the local Child Welfare office within 30 days of the date the "Notice of Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) was received by the requestor, as evidenced on a United States Postal Service return receipt. [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 10-2023, 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 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
413-010-0743 Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review Within 10 calendar days after receiving a request for a Central Office CPS Founded Disposition Review, the local Child Welfare office must forward the following documents to the Department's Central Office CPS Program Unit: (1) The request for review; and (2) A copy of the child welfare case records pertinent to the CPS founded disposition, including the information reviewed as part of the Local Child Welfare Office CPS Founded Disposition Review. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 9-2023, 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 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
413-010-0746 Notice of Central Office CPS Founded Disposition Review Decision (1) Within 60 calendar days of the date Central Office receives the request for review from the local Child Welfare office, a CPS Program Coordinator or designee prepares and sends to the requestor by certified mail, restricted delivery, with a return receipt requested, a "Notice of Central Office CPS Founded Disposition Review Decision" (Form CF 315) that includes the following information: (a) Whether there is reasonable cause to believe that abuse occurred; (b) Whether there is reasonable cause to believe that the person requesting review was responsible for the abuse; (c) The decisions resulting from the Central Office CPS Founded Disposition Review; (d) If the CPS founded disposition is changed, whether the change will be to "unable to determine" or to "unfounded disposition;" (e) If the Central Office CPS Founded Disposition Review results in a decision that the CPS founded disposition should be retained but the type of abuse for which the disposition was founded should be changed, the new type of abuse and the reason for this change; (f) If the CPS founded disposition is retained but the type of abuse is changed, notice that the person requesting the review has the right to request a new Central Office CPS Founded Disposition Review based on the change; (g) A summary of the information used as part of the Central Office CPS Founded Disposition Review and the reasoning for reaching the decision; and (h) If a CPS founded disposition is changed to "unable to determine" or "unfounded," notice that the change will be made to the CPS assessment narrative. (2) A "Notice of Central Office CPS Founded Disposition Review Decision" (Form CF 315) is sent to the person requesting review, the local Child Welfare office for filing in the child welfare case record, the CPS worker, and the supervisor involved in the initial CPS assessment and determination of disposition. (3) The CPS Program Office maintains a comprehensive record of the reviews of CPS founded dispositions conducted by Central Office. The record includes the date of the review, case number, sequence number, a copy of the materials used in the review and the decision that resulted from the review for each review conducted by Central Office. [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 7-2023, 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 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 18-2000, f. & cert. ef. 8-4-00
413-010-0748 Temporary rule language in effect until 08/27/2026. Review Initiated by the Department The Child Safety Program Manager or their designee may direct that either the local Child Welfare office or Central Office review a founded disposition if there is good cause to do so, such as a determination that there is a legal finding that contradicts the CPS founded disposition. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 38-2026, temporary amend filed 02/25/2026, effective 03/01/2026 through 08/27/2026 CWP 6-2023, 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 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 16-2004, f. & cert. ef. 10-1-04 CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
413-010-0750 Revising Founded Abuse Dispositions in the Department's Electronic Information System When as a result of a Central Office CPS Founded Disposition Review, a decision is made to change a CPS founded disposition, the CPS Program Coordinator or designee forwards the necessary information (Form CF 322) to the appropriate organizational unit to make changes in the Department's Electronic Information System. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 3-2024, minor correction filed 02/28/2024, effective 02/28/2024 CWP 5-2023, 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 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 18-2000, f. & cert. ef. 8-4-00
413-015-0100 Child Protective Service Authority and Responsibility Reports of alleged abuse are received by Child Welfare and screened to determine the response. The processes and timelines for responding are provided in division 015 of this chapter, and in OAR chapter 407, divisions 045 and 046 for reports of alleged abuse involving the settings listed in OAR 413-015-0215, which are screened and investigated by the Office of Training, Investigations and Safety (OTIS). OAR 413-015-0100 to 413-015-0125 provide an overview of division 015, which implements laws relating to the Department's responsibilities to respond to reports of abuse. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 to 419B.050 & ORS 418.205-418.327 History: CWP 67-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 18-2022, minor correction filed 08/01/2022, effective 08/01/2022 CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020 CWP 38-2019, minor correction filed 08/06/2019, effective 08/06/2019 CWP 59-2018, minor correction filed 07/05/2018, effective 07/05/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 2-2008, f. & cert. ef. 4-1-08 CWP 22-2007(Temp), f. & cert. ef. 12-3-07 thru 4-11-08 CWP 3-2007, f. & cert. ef. 3-20-07 CWP 25-2003, f. & cert. ef. 7-1-03