Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0420 - Make Initial Contact

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 CPS worker must make an initial contact within the assigned response
			 time-line.
(2) The following
			 outlines contacts the CPS worker is required to attempt and, when possible,
			 complete at initial contact. The CPS worker must:
(a) Have face-to-face contact with and
			 interview the alleged victim, their siblings, and any children living in the
			 home except as provided in OAR 413-015-0606. The purpose of the face-to-face
			 contact and interview with the alleged victim, their siblings, and any children
			 living in the home is to gather information regarding possible abuse, gather
			 information about functioning and vulnerability, and assess immediate safety.
(A) Interview and observe the alleged victim
			 and any children as follows:
(i) The CPS
			 worker must notify parents of the intent to interview, unless notification
			 could compromise safety.
(ii) The
			 CPS worker must make diligent efforts to make contact at home, school, day
			 care, or any other place where the worker believes the child or young adult may
			 be found. If the CPS worker is unsuccessful, the CPS worker must document in
			 the Child Welfare electronic information system all attempted contacts and the
			 dates of those attempted contacts.
(iii) When the CPS worker makes contact at
			 home and the parent or caregiver is not present:
(I) The CPS worker must consult with a CPS
			 supervisor and seek assistance from LEA if the referral indicates there is
			 reasonable cause to believe the alleged victim or any child's health or safety
			 is endangered by the conditions of the dwelling; or supervision is inadequate
			 and there is an immediate need to evaluate health and safety.
(II) The CPS worker must wait until the
			 parent is present in the home to complete an interview in the home if there is
			 not reasonable cause to believe health or safety is endangered by the
			 conditions of the dwelling or that supervision is inadequate.
(iv) When the CPS worker is denied
			 access to the alleged victim or to the alleged victim's residence, the CPS
			 worker must, if the referral indicates the alleged victim may be unsafe,
			 request assistance from LEA in assessing the situation and in taking protective
			 custody if needed. If the referral indicates that the alleged victim is
			 presently safe, the CPS worker must consider the following:
(I) Attempting to contact other persons who
			 may have relevant information regarding the referral;
(II) Persisting in attempts to gain
			 cooperation from the family or caregivers, depending on the known safety
			 information;
(III) Seeking LEA
			 assistance;
(IV) Consulting with
			 the CPS supervisor, the district attorney, assistant attorney general, or the
			 county juvenile department to discuss possible juvenile court action;
			 or
(V) Seeking a protective custody
			 order from the juvenile court.
(v) The CPS worker must conduct interviews in
			 a manner that assures privacy.
(vi)
			 If the parent or caregiver is the alleged perpetrator or if the presence of the
			 parent or caregiver might impede the interview, the CPS worker must attempt to
			 interview outside the presence of their parents or caregivers.
(vii) A CPS worker must allow a child who is
			 the victim of a person crime as defined in ORS
			 147.425 and is at least 15 years
			 of age at the time of the abuse to have a personal representative be present
			 during an interview. If a CPS worker believes that the personal representative
			 would compromise the CPS assessment, the CPS worker may prohibit a personal
			 representative from being present during the interview.
(viii) The CPS worker must observe injuries
			 or signs of abuse. The CPS worker may need to remove the alleged victim's
			 clothing to make adequate observations. In that event, the CPS worker must:
(I) Use discretion and make the alleged
			 victim as comfortable as possible.
(II) Seek parental consent and assistance,
			 when possible and appropriate.
(III) Consider requesting a worker or other
			 support person, who is the same gender as the alleged victim, be present to
			 serve as a witness and provide comfort.
(ix) The CPS worker may observe injuries to
			 the anal or genital region if the alleged victim is not school aged and if the
			 injury can be observed without the CPS worker touching the anal or genital
			 region.