reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0715 - Providing Notice of a CPS Founded Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0716 - Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0717 - Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0718 - Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0720 - Information Included in the "Notice of a CPS Founded Disposition" (Form CF 313)

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0721 - Making a Request for a Review of a CPS Founded Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0722 - Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317)

Current through Register Vol. 63, No. 7, July 1, 2024
(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 local Child Welfare office
			 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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0723 - Providing a Notice of Legal Finding (Form CF 318)

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0724 - Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0732 - Local Child Welfare Office Responsibilities Related to Notices and Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0738 - Notice of Local Child Welfare Office CPS Founded Disposition Review Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Child
			 Welfare supervisor or designee must prepare a "Notice of Local Child Welfare
			 Office CPS Founded Disposition Review Decision" (Form CF 314) as described in
			 OAR 413-010-0738.
(2) The "Notice
			 of Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF
			 314) must include the following:
(a) Whether
			 there is reasonable cause to believe that abuse occurred;
(b) Whether there is reasonable cause to
			 believe the person requesting the review was responsible for the
			 abuse;
(c) The decision resulting
			 from the Local Child Welfare Office CPS Founded Disposition Review;
(d) If the CPS founded disposition is
			 changed, whether it will be changed to "unable to determine" or to
			 "unfounded;"
(e) If the Local Child
			 Welfare Office CPS Founded Disposition Review results in a decision that the
			 CPS founded disposition should be retained but that the type of abuse for which
			 the disposition was founded should be changed, the type of abuse that should be
			 founded 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 Local Child Welfare Office CPS
			 Founded Disposition Review of the change;
(g) A summary of the information and
			 reasoning of the Local Child Welfare Office CPS Founded Disposition Review upon
			 which the decisions were based;
(h)
			 If a CPS founded disposition is determined to be "unable to determine" or
			 "unfounded," notice that the change will be noted in the CPS assessment
			 narrative;
(i) If the founded
			 disposition is retained, a statement about how to request a review by Central
			 Office, as described in OAR 413-010-0740.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0740 - Requesting a Central Office Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0743 - Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0746 - Notice of Central Office CPS Founded Disposition Review Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0748 - Review Initiated by the Department

Current through Register Vol. 63, No. 7, July 1, 2024
The Child Safety Program Manager 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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0750 - Revising Founded Abuse Dispositions in the Department's Electronic Information System

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0100 - Child Protective Service Authority and Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0105 - Purpose of Child Protective Services

Current through Register Vol. 63, No. 7, July 1, 2024
The purposes of Child Protective Services are to identify
				unsafe children and to assure protection of children after a report of alleged
				abuse is received by a screener.
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0115 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following terms
				apply to OAR chapter 413, division 015.
(1) "Abuse":
(a) For purposes of screening a
report
of "
abuse
" of a
child
subject to ORS 419B.005,
			 "
abuse
" means any of the following, except that
			 "
abuse
" does not include reasonable discipline unless the
			 discipline results in one of the conditions described in this subsection.
(A) Mental Injury. Includes only cruel or
			 unconscionable acts or statements made, or threatened to be made, to a
child
if the acts, statements or threats result in severe harm
			 to the
child
's psychological, cognitive, emotional, or social
			 well-being and functioning.
(B)
			 Neglect.
(i) Negligent treatment or
			 maltreatment of a
child
, including, but not limited to, the
			 failure to provide adequate food, clothing, shelter, or medical care that is
			 likely to endanger the health or welfare of the
child
.
(ii) Buying
			 or selling a person under 18 years of age as described in ORS
			 163.537.
(iii) Permitting a person under 18 years of
			 age to enter or remain in or upon premises where methamphetamines are being
			 manufactured.
(iv) Unlawful
			 exposure to a controlled
substance
, as defined in ORS
			 475.005, or to the unlawful
			 manufacturing of a cannabinoid extract, as defined in ORS
			 475B.015, that subjects a
child
to a substantial risk of
harm
to the
			 child's health or safety.
(C) Physical
Abuse
. Any
			 assault, as defined in ORS chapter 163, of a
child
and any
			 physical injury to a
child
which has been caused by other than
			 accidental means, including any injury which appears to be at variance with the
			 explanation given for the injury.
(D) Sexual
Abuse
.
(i) Rape of a
child
, which
			 includes, but is not limited to, rape, sodomy, unlawful sexual penetration and
			 incest, as described in ORS chapter 163.
(ii) Sexual
abuse
, as
			 described in ORS chapter 163.
(iii)
			 Sexual exploitation.
(E)
			 Threat of
harm
to a
child
, which means
			 subjecting a
child
to a substantial risk of
harm
to the child's health or welfare.
(F) Restraint or seclusion of a child who is
			 a student by personnel, contractors, or volunteers of a public education
			 program, as defined in ORS
			 339.285, in violation of ORS
			 339.285,
			 339.288,
			 339.291,
			 339.303 or
			 339.308.
(G) Infliction of corporal punishment on a
			 child who is a student by a teacher, administrator, school employee, or school
			 volunteer in violation of 339.250(9).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0125 - CPS Responsibility Ends

Current through Register Vol. 63, No. 7, July 1, 2024
Child Welfare is not responsible for providing child protective
				services when:
(1) A screener
			 determines that information received during screening does not require a CPS
			 assessment under OAR 413-015-0210(2);
(2) The CPS assessment has determined the
			 alleged victim is safe; or
(3) The
			 CPS assessment does not identify information sufficient to request juvenile
			 court intervention or the CPS assessment has determined the alleged victim is
			 unsafe and the juvenile court declines to intervene, and the parents or
			 caregivers do not request or agree to cooperatively receive services.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0200 - Purpose of Screening Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 413-015-0200  to 413-015-0225  describe how Child Welfare
				handles and documents information received by the Oregon Child Abuse Hotline
				and outline the criteria used to determine a response to the information. This
				process is known as screening and is conducted by a screener.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0205 - Information Received

Current through Register Vol. 63, No. 7, July 1, 2024
All information received at screening must be reviewed by a
				screener to determine the type of information:
(1) Report of abuse;
(2) Request for family support
			 services;
(3)
			 Notification;
(4) Information the
			 OTIS is responsible for screening;
(5) Case management related information;
			 or
(6) Information or
			 referral.
Statutory/Other Authority: ORS
				  418.005, ORS
				  418.205-418.327 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005, ORS
				  418.205-418.327 & ORS
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0210 - Documentation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A report
			 of
abuse
, request for family support services and information
			 the OTIS is responsible for screening must be documented in a screening report
			 form within the Child Welfare electronic information system.
(2) Case management related information must
			 be documented in the
Child Welfare
electronic information
			 system case notes, or if applicable, provider case notes. Materials and records
			 used or obtained for the purpose of making a screening decision must be
			 uploaded in the
Child Welfare
electronic information
			 system.
(3) Internal and external
			 notifications made by Oregon Child Abuse Hotline staff must be documented in
			 the Child Welfare electronic information system.
(4) Timelines for documentation.
(a) The screener must complete documentation
			 immediately when:
(A) A report of
abuse
is assigned a "within 24 hour" response timeline;
			 or
(B) The OTIS is responsible for
			 screening.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0211 - Report of Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The screener
			 must gather the following relevant information to the extent it is known by the
			 reporter:
(a) The extent of the alleged
abuse
;
(b) The
			 circumstances surrounding the alleged
abuse
;
(c) Demographics;
(d) Race and ethnicity;
(e) Languages spoken;
(f) Contact information;
(g) The location of the family's residence
			 and where the alleged
abuse
may have occurred; and
(h) Whether the
child
has or
			 may have American Indian or Alaska Native heritage.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0212 - Additional Screening Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a screener receives a report that a
			 child is identified as an infant with prenatal substance exposure, the screener
			 must:
(a) Ask the reporter whether a plan of
			 care has been developed; and
(b)
			 Ask the reporter whether the infant with prenatal substance exposure and family
			 were referred to services.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0213 - Request for Family Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for family support services
			 must fall within one of the following categories:
(a) Request for Placement;
(b) Request for Independent Living Program
			 Services;
(c) Request for Post
			 Legal Adoption or Post Guardianship Services; or
(d) Request for Voluntary Services.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0214 - Notifications Closed at Screening

Current through Register Vol. 63, No. 7, July 1, 2024
When the screener receives one of the following notifications,
				the screener must document the information in a screening report form as a
				notification unless 413-015-0211(4)  applies:
(1) The Oregon Child Abuse Hotline staff must
			 redact from the screening report a child's statement about their sexual
			 orientation, gender identity or gender expression prior to a verbal or
			 electronic external notification, unless an exemption allowing disclosure is
			 permitted as described in ORS 409.225(8), 419B.035(8), 419B.881(6).
(2) When the screener receives one of the
			 following notifications, the screener must document the information in a
			 screening report as a notification unless 413-015-0211(4)  applies:
(a) Notification of an expectant mother with
			 no
children
in the home and the past or current behaviors,
			 conditions or circumstances may endanger a newborn
child
.
(b)
			 Notification from a
caseworker
that a
child
or
young adult
is identified as a sex trafficking
			 victim.
(c) Notification that a
child
is identified as an infant with prenatal
			 exposure.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0215 - Information for which the OTIS is Responsible

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the screener receives information
			 involving any of the following settings, the screener must immediately forward
			 the information to the OTIS and notify the OTIS the information was forwarded:
(a) Child care;
(b) Child-caring agency;
(c) Educational provider;
(d) ODDS licensed group home;
(e) ODDS licensed host home;
(f) ODDS certified foster home;
(g) OYA certified foster home; or
(h) Proctor foster home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0220 - Case Management Related Information

Current through Register Vol. 63, No. 7, July 1, 2024
When any information on an open CPS assessment, open case, a
resource family,
or
respite provider
certified by
Child Welfare
is received at screening, Oregon
				Child Abuse Hotline staff must document the information in Child Welfare's
				electronic information system and notify the assigned CPS worker, permanency
				worker, adoption worker, certifier and their respective supervisors, if
				applicable.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0225 - Information or Referral

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Child Abuse Hotline staff may provide information or
				referrals or refer to relevant information and referral resources.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0230 - Emergency Action

Current through Register Vol. 63, No. 7, July 1, 2024
When a screener receives information that a person requires
				immediate attention to their health or safety, the screener must immediately
				contact 911.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0300 - Cross Reporting Defined

Current through Register Vol. 63, No. 7, July 1, 2024
Child Welfare and law enforcement agencies are required by ORS
				419B.015 to notify each other
				when a report of abuse, as defined in ORS
				419B.005 or ORS
				418.205 - 418.327, is received.
				This process is known as cross reporting, and the notification is called a
				cross report. OAR 413-015-0300  to 413-015-0310  explain when and how a report of
				abuse received by Child Welfare or a law enforcement agency is cross reported.
				Information is not cross reported until it is received.
Statutory/Other Authority: ORS
				  418.005, ORS
				  419B.017 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005, ORS
				  419B.017, ORS
				  419B.015 & ORS
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0302 - Purpose of Cross Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the cross report is to share reports of alleged
				abuse between Child Welfare and law enforcement agencies.
Statutory/Other Authority: ORS
				  418.005, ORS
				  419B.017 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005, ORS
				  419B.017 & ORS
				  419B.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0305 - Cross Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Who is required to cross report and to whom.
(a) When a
report
of
abuse
is received by the Oregon Child Abuse Hotline, Oregon
			 Child Abuse Hotline staff must cross report to a law enforcement agency in the
			 county where the alleged
abuse
occurred, unless the county
			 where the alleged
abuse
occurred is unknown, in which case,
			 cross report to the law enforcement agency in the county where the alleged
			 victim resides, unless the county where the alleged victim resides is unknown,
			 in which case, cross report to the law enforcement agency in the county where
			 the reporter made contact with the alleged victim or the alleged
			 perpetrator.
(b) When a
report
of
abuse
is received by a law
			 enforcement agency, the law enforcement agency must cross report to Child
			 Welfare by reporting to the Oregon Child Abuse Hotline.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0310 - Child Welfare Documentation and Verification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Documentation and Verification.
(1) If the Oregon Child Abuse Hotline cross
			 reports a
report
of
abuse
on the same day the
report
is received, the cross report must be documented in the
			 Child Welfare electronic information system and must include:
(a) The date the cross report is made from
			 Child Welfare to law enforcement;
(b) To which law enforcement agency the cross
			 report is made; and
(c) How the
			 cross report is made.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0400 - Purpose and Overview of the CPS Assessment Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 413-015-0400  to 413-015-0485, describe the
				activities required to sufficiently complete a
CPS assessment
.
				Additional
CPS assessment
activities are required by OAR
				413-015-0601  to 413-015-0608  when the
report
involves a
resource family
or
respite provider
certified
				by
Child Welfare
. Activities required to sufficiently complete
				a
third party CPS assessment
in which the only
alleged
				perpetrator
in the report is a
third party
are found
				in OAR 413-015-0801  to 0885.
Statutory/Other Authority: ORS
				  418.005, ORS
				  419.050 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005, ORS
				  409.185, ORS
				  418.015 & ORS
				  419B.005 -
				  419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0403 - Assignment of CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
CPS assessment
may only be assigned to a Child Welfare
			 employee whose current position is a
CPS worker
, a
CPS
			 supervisor
, or an employee who meets the definition of
CPS
			 worker
.
(2) Whenever
			 possible, separate CPS workers must be assigned to complete the assessments of
			 allegations when a
parent
is a child and they are an alleged
			 perpetrator and an alleged victim.
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0404 - Receipt of New Information on an Open CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
When a CPS worker receives notification from a screener that a
				closed at screening or new referral was created on an open CPS assessment, the
				CPS worker must review the new information, in consultation with the CPS
				supervisor, on the same day the CPS worker received notification of the new
				information.
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0405 - CPS Assessment Response Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The timeline for the response refers to
			 the amount of time from the receipt of a report at screening to the time when
			 the CPS worker is required to make an initial contact.
(2) Every CPS assessment must be assigned one
			 of the following response timelines by a screener pursuant to OAR 413-015-0210  and the CPS worker must make an initial contact within the assigned response
			 timeline:
(a) Within 24 hours.
(b) Within 72 hours.
(c) Within 10 business days.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0409 - Exception to Completing a CPS Assessment or CPS Assessment Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exception to
			 Completing a CPS Assessment.
(a) The only
			 exception to completing a CPS assessment required by these rules (OAR
			 413-015-0400  to 413-015-0485) on an assigned referral is when a CPS worker, in
			 consultation with a CPS supervisor or designee, determines that the referral
			 does not require a CPS assessment because:
(A)
			 The referral was opened in error; or
(B) There is no longer an allegation of
			 abuse. The CPS worker received information after being assigned the referral
			 and that information in combination with the corresponding screening report no
			 longer constitutes a report of abuse as defined in ORS
			 419B.005 or, when applicable,
			 ORS 418.205 - 418.327. This
			 exception may be used only when the CPS worker and the CPS supervisor or
			 designee determine the information:
(i) Is not
			 from the alleged perpetrator;
(ii)
			 Relates directly to and specifically negates all allegations in the screening
			 report; and
(iii) Is considered on
			 the basis of the objectivity of the individual providing the information and
			 the quality of the information.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0415 - CPS Assessment Activities

Current through Register Vol. 63, No. 7, July 1, 2024
CPS assessment
activities are outlined below.
				The activities are described in a logical order in these rules, but the order
				in which they occur is controlled by the specific circumstances in a given
referral
.
(1) Review
			 records.
(a) The assigned
CPS
			 worker
must:
(A) Thoroughly review
			 the documentation in the
referral
;
(B) Thoroughly review the paper and
			 electronic records maintained by Child Welfare for historical information on
			 the family and the alleged victim that may be useful in completing the
CPS assessment
;
(C) Thoroughly review available
			 Self-Sufficiency records; and
(D)
			 Make diligent efforts to contact another state's child welfare agency to obtain
			 records, if any, when the
CPS worker
has information that the
			 family has lived in another state.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0422 - Gather Safety Related Information through Interview and Observation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CPS worker
			 must gather relevant information and facts necessary to complete all parts of
			 the CPS assessment. The CPS worker must gather information through interview
			 and observation about the following:
(a) The
			 extent of the abuse;
(b) The
			 circumstances surrounding the abuse;
(c) Child functioning;
(d) Adult functioning;
(e) Parenting practices and skills;
			 and
(f) Disciplinary
			 practices.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0425 - Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Present
			 Danger Safety Threat. At
initial contact
and at any time
			 during the
CPS assessment
the
CPS worker
must
			 determine if a
present danger safety threat
is occurring. To
			 determine there is a
present danger safety threat
, the
CPS worker
must conclude the danger is immediate, significant,
			 and clearly
observable
.
(2) Impending Danger Safety Threat.
			 Throughout the
CPS assessment
as new information is gathered
			 and also at the conclusion of the
CPS assessment
when all
			 information is gathered, the
CPS worker
must apply the
			 following
safety threshold
criteria to determine if an
impending danger safety threat
is present. When the
CPS worker
concludes all the criteria apply to the family
			 behaviors, conditions, or circumstances, an
impending danger safety
			 threat
is present.
(a) Imminent. The
			 family behavior, condition, or circumstance is likely to occur in the immediate
			 to near future.
(b) Observable. The
			 family behavior, condition, or circumstance is
observable
and
			 can be clearly described and articulated.
(c) Vulnerable Child. The child's
			 vulnerability is determined by considering the child's physical and emotional
			 development, ability to communicate needs, mobility, size and dependence, and
			 the child's personal characteristics in relation to the family behaviors,
			 conditions, and circumstances.
(d)
			 Out of Control. A family behavior, condition, or circumstance that can affect a
			 child's safety is unrestrained, unmanaged, without limits or monitoring, not
			 subject to influence or manipulation within the control of the family,
			 resulting in an unpredictable and chaotic family environment. The CPS worker
			 must determine whether a
parent
or
caregiver
can or cannot and will or will not protect the
child
from the
			 family behavior, condition, or circumstance.
(e) Severity. A family behavior, condition,
			 or circumstance is likely to result in
severe harm
to a
child
.