Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0735 - Local Child Welfare Office Review of CPS Founded Dispositions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local Child
			 Welfare office must conduct a review and issue a "Notice of Local Child Welfare
			 Office CPS Founded Disposition Review Decision" (Form CF 314) to the requestor
			 within 30 days from the date the local Child Welfare office receives a request
			 for review of a CPS founded disposition.
(2) If the request for review was delayed
			 because a legal proceeding was pending as provided in OAR 413-010-0720(6), or
			 the proceeding has been completed without a legal finding that would preclude a
			 review, the review must occur within 30 days from the date the local Child
			 Welfare office receives a new request for review.
(3) The Local Child Welfare Office CPS
			 Founded Disposition Review must occur as follows:
(a) The review may 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.
(b) The review must be based
			 on current child welfare practice and definitions of abuse. Rules in place at
			 the time the CPS assessment was completed also must be considered.
(c) The following must be considered by the
			 Local Child Welfare Office CPS Founded Disposition Review Committee members and
			 the Child Welfare Program Manager or designee:
(A) Relevant information and materials
			 contained in the Department's child welfare case file including the CPS
			 assessment and disposition, screening information, assessment information and
			 narrative, related police reports, medical reports, and information provided by
			 the person requesting review;
(B)
			 Whether there is reasonable cause to believe that abuse occurred;
(C) Whether there is reasonable cause to
			 believe that the person requesting review is responsible for the abuse;
			 and
(D) Whether there is reasonable
			 cause to believe that the type of abuse for which the CPS assessment was
			 founded is correctly identified in the assessment.
(d) The Local Child Welfare Office CPS
			 Founded Disposition Review Committee must:
(A)
			 Make recommendations as follows:
(i) Retain
			 the founded disposition;
(ii)
			 Change the disposition to unfounded or unable to determine;
(iii) Change the type of abuse (see OAR
			 413-015-1015  for a list of the types of abuse) for which the CPS Disposition
			 was founded.
(B) At the
			 conclusion of the Review Committee, each committee member must make their
			 respective recommendations known to the Child Welfare Program Manager or
			 designee.
(e) The Child
			 Welfare Program Manager or designee must:
(A)
			 Observe the Review Committee;
(B)
			 Ask questions of the committee members as needed for clarification;
(C) Consider the committee's recommendation
			 or recommendations and the basis for the recommendation or recommendations;
			 and
(D) Make one of the following
			 decisions:
(i) Retain the founded
			 disposition.
(ii) Change the
			 disposition to unfounded disposition or unable to determine.
(iii) Change the type of abuse (see OAR
			 413-015-1015  for a list of the types of abuse) for which the CPS Disposition
			 was founded.
(f) The decision and the basis for the
			 decision must be documented.