Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1015 - Making the CPS Assessment Disposition Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provide section (3) of this rule, abuse of a child, for the purpose of
			 determining the CPS assessment disposition, includes, among others, the
			 behavior, conditions, and circumstances described in this section.
(a) Abandonment, including parental behavior
			 showing an intent to permanently give up all rights and claims to the
			 child.
(b) Child selling, including
			 the selling of a child that consists of buying, selling, bartering, trading, or
			 offering to buy or sell the legal or physical custody of a child.
(c) Mental injury (psychological
			 maltreatment), 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.
(d)
			 Neglect, including failure, through action or omission, to provide and maintain
			 adequate food, clothing, shelter, medical care, supervision, protection, or
			 nurturing. Chronic neglect is a persistent pattern of family functioning in
			 which the parent or caregiver does not sustain or meet the basic needs of a
			 child resulting in an accumulation of harm that can have long term effect on
			 the child's overall physical, mental, or emotional development. Neglect
			 includes each of the following:
(A) Physical
			 neglect, which includes each of the following:
(i) Failing to provide for the child's basic
			 physical needs including adequate shelter, food, and clothing.
(ii) Permitting a child to enter or remain in
			 or upon premises where methamphetamines are being manufactured.
(iii) Unlawful exposure of a child to a
			 substance that subjects a child to severe harm to the child's health or safety.
			 When the CPS worker is making a determination of physical neglect based on
			 severe harm to the child's health due to unlawful exposure to a substance, this
			 determination must be consistent with medical findings.
(B) Medical neglect is a refusal or failure
			 to seek, obtain, or maintain necessary medical, dental, or mental health care.
			 Medical neglect includes withholding medically indicated treatment from infants
			 who have disabilities and life-threatening conditions. However, failure to
			 provide the child with immunizations or routine well-child care alone does not
			 constitute medical neglect. When the CPS worker is making a determination of
			 medical neglect, this determination must be consistent with medical
			 findings.
(C) Lack of supervision
			 and protection, including failure to provide supervision and protection
			 appropriate to the child's age, mental ability, and physical
			 condition.
(D) Desertion, which
			 includes the parent or caregiver leaving the child with another person and
			 failing to reclaim the child, or parent or caregiver failure to provide
			 information about their whereabouts, providing false information about their
			 whereabouts, or failing to establish a legal guardian or custodian for the
			 child.
(E) Psychological neglect,
			 which includes serious inattention to the child's need for affection, support,
			 nurturing, or emotional development. The parent or caregiver behavior must be
			 related to the observable and severe harm of the child's psychological,
			 cognitive, emotional, or social well-being and functioning.
(e) Physical abuse, including an
			 injury to a child that is inflicted or allowed to be inflicted by
			 non-accidental means that results in harm. Physical abuse may include injury
			 that could not reasonably be the result of the explanation given. Physical
			 abuse may also include injury that is a result of discipline or punishment.
			 Examples of injuries that may result from physical abuse include:
(A) Head injuries;
(B) Bruises, cuts, punctures,
			 lacerations;
(C) Internal
			 injuries;
(D) Burns or
			 scalds;
(E) Injuries to bone,
			 muscle, cartilage, and ligaments;
(F) Poisoning;
(G) Electrical shock;
(H) Substantial pain, physical impairment;
			 and
(I) Death.
(f) Sexual abuse, which includes:
(A) A person's use or attempted use of a
			 child for the person's own sexual gratification, the sexual gratification of
			 another person, or the sexual gratification of the child. Sexual abuse
			 includes, but is not limited to, incest, rape, sodomy, sexual penetration,
			 fondling, and voyeurism.
(B) Sexual
			 exploitation.
(C) Sex
			 trafficking.
(g) Threat
			 of harm, including all activities, conditions, and circumstances that place the
			 child at threat of severe harm of physical abuse, sexual abuse, neglect, mental
			 injury, or other child abuse.