justicedao/ipfs_state_laws huggingface dataset:
413-015-0840 Determine Disposition of the Third Party CPS Assessment (1) The CPS worker must determine a disposition for all third party CPS assessment s completed by Child Welfare as required by ORS 419B.026 (1). (2) Requirement to Determine Disposition of the third party CPS Assessment . The CPS worker must determine if there is reasonable cause to believe that abuse occurred and explain the basis for that determination as described in OAR 413-015-1010. (a) The requirements for determining dispositions on a report of abuse as defined in ORS 419B.005 are described in OAR 413-015-1015(1). (b) The requirements for determining dispositions on a report of abuse as defined in ORS 418.257 involving a resource family or respite provider certified by Child Welfare are described in OAR 413-015-1015(2). (3) When a disposition is founded or substantiated for abuse , the CPS worker must refer all victims three years old and under to Early Intervention as outlined in the Child Welfare Procedure Manual. (4) Documentation. The CPS worker must document that determination and explain the basis for the determination in the disposition narrative section of the Child Welfare electronic information system prior to completing the third party CPS assessment . Statutory/Other Authority: ORS 418.005, ORS 409.050 & ORS 419B.026 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023 CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0845 Make Child Safety Decision on a Third Party CPS Assessment (1) After all the necessary information is gathered for the third party CPS assessment and the disposition has been determined, the CPS worker must determine if the alleged victim’s parent or caregiver is able to protect the alleged victim from the alleged perpetrator , if necessary. (2) The CPS worker must document the basis for that determination in the Child Welfare electronic information system and: (a) Conclude the alleged victim is safe under the third party CPS assessment; (b) Complete the third party CPS assessment . (3) If at the conclusion of the third party CPS assessment the CPS worker determines the alleged victim’s parent or caregiver is unable to protect the alleged victim from the alleged perpetrator , the CPS worker must consult with a CPS supervisor and cause a report to be made with the Oregon Child Abuse Hotline. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0850 Third Party and CPS Assessment Crossover If at any point during a third party CPS assessment the CPS worker : (1) Has information a child is unsafe or was abused by a different alleged perpetrator , the CPS worker must immediately cause a report to be made with the Oregon Child Abuse Hotline. (2) Has a reason to believe any of the activities required to complete the third party CPS assessment , as described in OAR 413-015-0815 through 0822, may make a child unsafe , the CPS worker must staff with a CPS supervisor to determine if: (a) There are other ways to safely complete the required third party CPS assessment activity; (b) There are exceptions to completing the third party CPS assessment activity; and (c) Legal intervention is necessary to ensure child safety. (3) Is unable to conduct the activities required to complete the third party CPS assessment , as described in OAR 413-015-0815 through 0822, because an alleged victim, a parent or caregiver, or an alleged perpetrator will not allow those activities to occur, the CPS worker must staff with a CPS supervisor to determine if: (a) There are other ways to effectively engage with the alleged victim , the parent or caregiver , or the alleged perpetrator to complete the required third party CPS assessment activity; (b) There are other ways to gather the information required to complete the third party CPS assessment ; (c) There are exceptions to completing the third party CPS assessment activity; and (d) Legal intervention is necessary to ensure the Department’s compliance with its statutory responsibilities. (4) Determines legal intervention is necessary, the CPS worker must immediately call the Oregon Child Abuse Hotline to initiate a familial case. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.050 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0875 Third Party CPS Assessment Documentation, Completion, and Supervisory Review Requirements (1) The CPS worker must record assessment activities and information gathered during the third party CPS assessment process. This includes ensuring materials and records obtained during the CPS assessment are uploaded in the Child Welfare electronic information system. (2) The CPS worker must complete the third party CPS assessment and electronically submit the third party CPS assessment for review by a CPS supervisor , within 60 calendar days of the day that the information alleging abuse is received by the screener , except as provided in OAR 413-015-0880, "Third Party CPS Assessment Extensions." (3) A CPS supervisor or designee must review and approve a completed third party CPS assessment within five business days of the electronic submission of the assessment by the CPS worker . After the assessment is reviewed by a CPS supervisor , if the alleged perpetrator is an employee of any program, office or division of the Department or OYA, the CPS Supervisor must inform the Departmen t's Office of Human Resources of the disposition. If the disposition is founded or substantiated, the CPS supervisor must also inform the Department 's Office of Human Resources of the type of abuse . The CPS supervisor must document the notification in the Child Welfare electronic information system. (4) Each local Child Welfare office may designate an individual to electronically enter into the Child Welfare electronic information system the verification of the completed review and approval of a third party CPS assessment by a CPS supervisor or designee. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024 CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0880 Third Party CPS Assessment Extensions The Child Welfare Program Manager may approve a one-time extension to the time line outlined in OAR 413-015-0875 of an additional 30 calendar days for completion of the third party CPS assessment if critical information (information necessary to determine safety or disposition) is outstanding and the ability to obtain the critical information is beyond the reasonable control of the CPS worker . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0885 Confidentiality Information gathered and records and reports compiled during a third party CPS assessment are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 30-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-1005 Purpose of the CPS Assessment Dispositions The purpose of OAR 413-015-1005 to 413-015-1015 is to describe Child Welfare responsibilities when determining CPS assessment dispositions for: (1) Reports of abuse as defined in OAR 413-015-0115(1)(a) of a child; and (2) Reports of abuse as defined in OAR 413-015-0115(1)(b) of a child or young adult living with a resource family or receiving services from a respite provider certified by Child Welfare. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.185, OS 418.015, ORS 419.005 - 419B.050 & ORS 418.205 -418.327 History: CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024 CWP 95-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 83-2023, temporary amend filed 09/20/2023, effective 09/20/2023 through 03/17/2024 CWP 11-2021, amend filed 04/27/2021, effective 05/01/2021 CWP 110-2020, minor correction filed 02/18/2020, effective 02/18/2020 CWP 96-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, adopt filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
413-015-1010 Standard of Proof and Possible CPS Assessment Dispositions (1) The standard for determining CPS assessment dispositions is reasonable cause to believe. (2) The possible CPS assessment dispositions are: (a) "Founded," which means there is reasonable cause to believe the abuse occurred. "Founded" is synonymous with "substantiated" as defined in ORS 418.205 - 418.327. (b) "Unfounded," which means there is no evidence the abuse occurred. "Unfounded" is synonymous with "unsubstantiated" as defined in ORS 418.205 - 418.327. (c) "Unable to determine," which means there is some indication the abuse occurred, but there is insufficient evidence to conclude that there is reasonable cause to believe the abuse occurred. "Unable to determine" is synonymous with "inconclusive as defined in ORS 418.205 - 418.327 and may only be used in the following circumstances: (A) After extensive efforts have been made, the CPS worker is unable to locate the family; or (B) After completing a CPS assessment , there is insufficient information to support any other disposition and: (i) The alleged victim is unable or unwilling to provide consistent information; or (ii) There is conflicting or inconsistent information from collateral contacts or family. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327 History: CWP 109-2020, minor correction filed 02/18/2020, effective 02/18/2020 CWP 97-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, adopt filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
413-015-1100 Access to Law Enforcement Data System Information (LEDS) (1) ORS 418.005 provides that, in order to establish, extend, and strengthen welfare services for the protection and care of dependent or neglected children, the Department may make all necessary rules and regulations for administering child welfare services. Among other duties outlined by ORS 409.010, Child Welfare is responsible for the delivery and administration of programs and services relating to children and families, including child protective services and foster care. ORS 419B.020 provides that, upon receipt of a report of child abuse , Child Welfare or a law enforcement agency is required to immediately cause an investigation to be made to determine the nature and cause of the abuse . In addition, ORS 418.640 requires Child Welfare to adopt rules it deems necessary or advisable to protect the best interests of children in foster homes. Finally, ORS 181.537 authorizes Child Welfare to conduct criminal records checks on subject individuals, as defined by Child Welfare, if deemed necessary by Child Welfare. (2) Child Welfare has determined that, in order to protect children from abuse and to protect the best interests of children in foster homes, it is necessary for Child Welfare to perform criminal records checks on subject individuals when Child Welfare is conducting a child protective services assessment, has an open child welfare case, or determines that emergency resource home certification decisions must be made. Statutory/Other Authority: ORS 181.537, ORS 409.050, ORS 418.005, ORS 419B.020 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 181.537, ORS 409.010 & ORS 419B.020 History: CWP 82-2023, minor correction filed 08/30/2023, effective 08/30/2023 CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 93-2018, minor correction filed 07/09/2018, effective 07/09/2018 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 8-2005, f. & cert. ef. 7-28-05 CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05
413-015-1105 Purpose (1) The primary purposes of LEDS access isto assist staff in making decisions about safety, specifically related to child protective services , assessing safety service providers, and emergency certification as outlined in these rules (OAR 413-015-1100 to 413-015-1125). Criminal history information obtained from LEDS will be considered, along with other safety-related information, to: (a) Identify present danger safety threats and impending danger safety threats; or (b) Determine if behavior that is revealed by criminal history is inconsistent with providing care to children or having access to children. (2) These rules do not address criminal records checks for non-emergency certification or adoption approval. Criminal records checks for non-emergency certification or adoption approval are governed by OAR 413-208-0000 to 413-208-0035. Statutory/Other Authority: ORS 181.537, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 181.537, ORS 409.010 & ORS 419B.020 History: CWP 36-2026, minor correction filed 02/25/2026, effective 02/25/2026 CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 17-2014, f. & cert. ef. 12-24-14 CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 CWP 21-2010, f. & cert. ef. 11-15-10 CWP 5-2010(Temp), f. & cert. ef. 6-15-10 thru 12-12-10 CWP 3-2007, f. & cert. ef. 3-20-07 CWP 8-2005, f. & cert. ef. 7-28-05 CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05
413-015-1115 Requirements (1) LEDS representatives must train and certify designated LEDS operators as outlined in OAR 257-015-0050. (2) Child Welfare will complete background checks on all LEDS representatives and LEDS operators as provided in OAR 257-015-0050(6). (3) Child Welfare will implement information security measures as provided in OAR 257-015-0000 to 257-015-0100. Statutory/Other Authority: ORS 181.537, ORS 409.010, ORS 418.005, ORS 419B.020 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 181.537, ORS 409.010 & ORS 419B.020 History: CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 8-2005, f. & cert. ef. 7-28-05 CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05
413-015-1120 LEDS Use for Child Protective Service Purposes (1) Child Welfare may conduct criminal records checks on a subject individual using the LEDS system available and use LEDS information pertaining to a subject individual for the purpose of making decisions about safety specifically related to Child Protective Services when: (a) An allegation of abuse is being assessed; or (b) A Child Welfare case is open. (2) When conducting criminal records checks for a Child Protective Services purpose under this rule, a subject individual is defined as a person: (a) Alleged to be the perpetrator of abuse when the allegation is being assessed by Child Protective Services; (b) Residing in or frequenting a household where the alleged victim of abuse resides on a full- or part-time basis; (c) Being assessed as a safety service provider; or (d) In the household to which a child is being returned. (3) Time lines for providing LEDS notice to a subject individual when a criminal records check is conducted for a Child Protective Services purpose: (a) Prior to the conclusion of a CPS assessment: LEDS notice as defined at OAR 413-015-0115 must be provided to: (A) The subject individual defined in subsection (2)(a), (b), or (d) of this rule no later than seven business days after the date the check was conducted. (B) The subject individual defined in subsection (2)(c) of this rule before the check is conducted. (b) After the conclusion of a CPS assessment and while a Child Welfare case is still open: LEDS notice must be provided to the subject individual before the check is conducted. Statutory/Other Authority: ORS 181.537, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 181.537, ORS 181.557, ORS 409.010 & ORS 419B.020 History: CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 94-2018, minor correction filed 07/09/2018, effective 07/09/2018 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 21-2010, f. & cert. ef. 11-15-10 CWP 5-2010(Temp), f. & cert. ef. 6-15-10 thru 12-12-10 CWP 27-2008, f. & cert. ef. 10-3-08 CWP 3-2007, f. & cert. ef. 3-20-07 CWP 8-2005, f. & cert. ef. 7-28-05 CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05
413-015-1125 LEDS Use for Certification Purposes in Emergency Situations (1) Child Welfare may perform criminal records checks using the LEDS system available and use LEDS information pertaining to a subject individual for the purpose of making decisions about child safety, specifically related to emergency certification when: (a) The subject individual has consented to Child Welfare conducting a criminal record check by signing form DHS 1011F, "Consent For Criminal Records & Fingerprint Check"; (b) There is an emergent need to place a child or maintain a placement of a child , and the Department Background Check Unit is unable to complete the check in time; (c) Staff refer to and comply with OAR 413-208-0000 to 413-208-0035; and (d) An allegation of abuse is being assessed or there is an open child welfare case. (2) When conducting criminal records checks for emergency certification purposes under this rule, a subject individual is defined as: (a) An adult who resides in or plans to reside in a household that is being certified for placement of a child ; (b) An adult who resides in or plans to reside in a household that is being re-certified to place or maintain a child in the household; (c) A person assisting in the household to enrich the care provided to children placed in the household by tutoring or providing recreation, relief care, or other services such as household chores, whether paid or unpaid; or (d) A member of the household under 18 years of age if there is reason to believe that member may pose a risk to children placed in the household. (3) Staff in local Child Welfare offices who access LEDS information for emergency certification purposes as outlined in these rules must: (a) Refer to and comply with OAR 413-208-0000 to 413-208-0035; and (b) Forward fingerprints and consent forms to the Department Background Check Unit for processing if: (A) LEDS information reveals an arrest or conviction of any kind; (B) The subject individual discloses an arrest or conviction of any kind; or (C) It is known that the subject individual has lived outside of Oregon within the last five years. Statutory/Other Authority: ORS 181.537, ORS 418.005, ORS 419B.020, ORS 409.050 & ORS 419B.020 Statutes/Other Implemented: ORS 181.537, ORS 409.010, ORS 418.005, ORS 419B.020, ORS 181.537 & ORS 419B.020 History: CWP 35-2026, minor correction filed 02/25/2026, effective 02/25/2026 CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07 CWP 8-2005, f. & cert. ef. 7-28-05 CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05
413-015-1200 Purpose (1) The purpose of these rules, OAR 413-015-1200 to 413-015-1230, is to describe Child Welfare’s responsibility to assess an individual for consideration as a safety service provider and to determine whether the individual is suitable as a safety service provider . (2) An individual employed by an agency providing services to a family through a current contract with Child Welfare is not covered under these rules. (3) Requirements for the assessment of an individual for the purpose of ongoing connection and support with a child or certification as a resource parent or respite provider are not covered under these rules. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023 CWP 29-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 9-2010, f. & cert. ef. 7-1-10
413-015-1230 Safety Service Provider Approval (1) The CPS worker or caseworker must inform an individual who has been considered and selected as a safety service provider that the individual has been approved as a safety service provider . The CPS worker or caseworker must further inform an approved safety service provider that the role of a safety service provider : (a) Is temporary; and (b) The role or responsibilities may change if Child Welfare obtains new information that changes the determination that the individual is suitable to manage a child's safety, prevents the individual from fulfilling the role identified in assisting to manage a child's safety, or the threat to child safety changes, is eliminated, or can be managed by a child's parent or guardian . (2) The CPS worker or caseworker must inform an individual who has been considered but has not been selected as a safety service provider that the individual has not been approved to be a safety service provider . (3) When an individual has been informed that the individual is approved or not approved as a safety service provider or the determination that an individual is approved changes, if the status change results in a change in the protective action plan, initial safety plan, or ongoing safety plan , the CPS worker or caseworker must refer to OAR 413-015-0435 and OAR 413-015-0450. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 9-2010, f. & cert. ef. 7-1-10