OAR Chapter 413 — Department of Human Services, Child Welfare Programs

Division 1 MODEL RULES FOR RULEMAKING

Or. Admin. R. 413-001-0000 Notice of Rulemaking

See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in chapter 413.

History

Statutory/Other Authority: ORS 183.341, 409.050 & 418.005
Statutes/Other Implemented: ORS 183.330, 183.335, 183.341 & 409.050
CWP 10-2006, f. & cert. ef. 6-1-06
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Division 2 MINIMUM QUALIFICATIONS

Or. Admin. R. 413-002-0000 Minimum Qualifications For Persons Conducting Investigation or Making Determination Regarding a Child

A person who conducts an investigation under ORS 419B.020, makes a determination that a child must be taken into protective custody under ORS 419B.150 or makes a determination that a child should not be released to the child’s parent or other responsible person under ORS 419B.165(2) must possess either:

(1) A bachelor’s degree in human services or a field related to human services; or

(2) A bachelor’s degree unrelated to human services and either:

(a) One year of human services related experience; or

(b) Completion of coursework equivalent to certification consistent with Oregon Caseworker Competency; or

(3) An associate degree and either:

(a) Two years of human services related experience; or

(b) One year of human services related experience and related training, coursework or certification consistent with Oregon Caseworker Competency.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 419B.021
Statutes/Other Implemented: ORS 409.050, ORS 418.005 & ORS 419B.021
CWP 125-2020, adopt filed 04/21/2020, effective 05/01/2020
CWP 54-2019, temporary adopt filed 12/30/2019, effective 01/01/2020 through 06/28/2020

Division 5 GENERAL

Or. Admin. R. 413-005-0050 Child Welfare COVID-19 and Emergency Response

(1) The Department amends the following administrative rules as follows:

(a) OAR 413-040-0000 (23), when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing.

(b) OAR 413-080-0050 (8), when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing.

(c) OAR 413-200- 0260, regarding definitions that apply to OAR Chapter 413, Division 200, to add the following definitions as follows:

(A) “Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing.

(B) “Home visit” means a face-to-face contact at an individual’s residence.

(d) OAR 413-070-0000, regarding definitions that apply to OAR Chapter 413, Division 070, as follows: (29)“Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing.

(e) OAR 413-030-0000, regarding definitions that apply to OAR Chapter 413, Division 030, to add the following definition: “Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing.

(2) The provisions in this rule end on the last day of the month in which the Governor of Oregon ends the COVID-19 state of emergency period initiated by Executive Order 20-03, and any extensions thereof.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented: ORS 409.050 & ORS 418.005
CWP 8-2021, adopt filed 03/26/2021, effective 04/01/2021
CWP 6-2021, temporary adopt filed 01/28/2021, effective 01/28/2021 through 04/03/2021
CWP 143-2020, temporary adopt filed 10/06/2020, effective 10/06/2020 through 04/03/2021

Division 10 CLIENT RIGHTS

Or. Admin. R. 413-010-0000 Definitions

Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 10.

(1) "Adoption assistance" means assistance provided on behalf of an eligible child or young adult to offset the costs associated with adopting and meeting the ongoing needs of the child or young adult. "Adoption assistance" may be in the form of payments, medical coverage, reimbursement of nonrecurring expenses, or special payments.

(2) "Adoption records, papers, and files" means all documents, writings, information, exhibits, and other filings retained in the court's record of an adoption case pursuant to ORS 109.319 and includes but is not limited to the Adoption Summary and Segregated Information Statement described in ORS 109.317 and exhibits attached to the statement, the petition and exhibits attached to the petition pursuant to ORS 109.315, and any other motion, judgment, document, writing, information, exhibit, or filing retained in the court's record of the adoption case.

(3) "Adoptive family" means an individual or individuals who have legalized a parental relationship to the child who joined the family through a judgment of the court.

(4) "Adult" means a person 18 years of age or older.

(5) "Base rate payment" means a payment to the resource parent or relative resource parent at a rate established by the Department for the costs of providing the child or young adult with the following:

(a) Food, including the special or unique nutritional needs of the child or young adult ;

(b) Clothing, including purchase and replacement;

(d) Daily supervision, including teaching and directing to ensure safety and well-being at a level appropriate for the chronological age of the child or young adult ;

(e) Personal incidentals, including personal care items, entertainment, reading materials, and miscellaneous items; and

(f) Transportation, including gas, oil, and vehicle maintenance and repair costs for local travel associated with providing the items listed above, and transportation to and from extracurricular, child care, recreational, and cultural activities.

(6) "Case plan" means a written, goal oriented, and time-limited individualized plan for the child and the child's family, developed by the Department and the parents or guardians, to achieve the child's safety, permanency, and well-being.

(7) "Central Office CPS Founded Disposition Review" means a process wherein a Central Office CPS Founded Disposition Review Committee reviews a founded disposition, makes recommendations to the Central Office Safety Program Manager or designee, and the Central Office Safety Program Manager or designee makes a decision to uphold, overturn, or change the abuse type of the founded disposition.

(8) "Central Office CPS Founded Disposition Review Committee" means a group of two child welfare employees who make a recommendation or recommendations to the Child Protective Services Program Manager or designee regarding the CPS founded disposition. No one may serve on the "Central Office CPS Founded Disposition Review Committee" who participated in or observed the Local Child Welfare Office CPS Founded Disposition Review or had a role in the CPS assessment, including having participated in a staffing, that resulted in the CPS founded disposition under review. Further requirements of the "Central Office CPS Founded Disposition Review Committee" are found in OAR 413-010-0745 and 413-010-0746. The two child welfare staff on the committee must include any two of the following:

(a) Either the Program Manager for CPS or a designee;

(b) A CPS program coordinator;

(d) A Department supervisor.

(9) "Certificate of Approval" means a document that the Department issues to approve the operation of a child-specific relative resource parent home, child-specific resource home, pre-adoptive home, or a regular resource home.

(10) "Certified family" means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(11) "Child" means a person who:

(a) Is under 18 years of age; or

(b) Is under 21 years of age and residing in or receiving care or services at a child- caring agency or proctor foster home.

(12) "Child-caring agency" has the meaning given to it in ORS 418.205 as amended by Oregon Laws 2017 chapter 244, and means a "child-caring agency" that is not owned, operated, or administered by a governmental agency or unit.

(13) "Child protective services" (CPS) means a specialized social service program that the Department provides on behalf of children or, when applicable, young adults who may be unsafe after a report of abuse is received.

(14) "Client" means any individual receiving services from the Department, including the parent or legal guardian of a child or young adult , or the custodian of an unemancipated minor client.

(15) "Client file" means an electronic or paper file that the Department marks with the names of one or more clients, into which the Department places all of the named clients' records. A "client file" may contain confidential information about other clients and persons who are not clients.

(16) "Client information" means confidential information about a client or identified with a client .

(17) "Client record" means any record that includes client information and is created, requested, or held by the Department. A "client record" does not include general information, policy statements, statistical reports, or similar compilations of data which are not identified with an individual child , family or other recipient of services.

(18) "Confidential information" means information that is unavailable to the public by statute, rule, or court order.

(19) "Contract Provider" means any individual or organization that provides services to a Child Welfare client pursuant to a contract or agreement with Child Welfare.

(20) "Court Appointed Special Advocate (CASA)" means a volunteer who is appointed by the court, is a party to the juvenile proceeding, and advocates for the child pursuant to ORS 419A.170.

(21) "CPS Disposition" means a determination that completes a CPS assessment. Dispositions are discussed in OAR 413-015-1000 and include founded, unfounded, and unable to determine.

(22) "Department" means the Oregon Department of Human Services.

(23) "Department adoption records" means all documents, writings, and information required to be retained in the Department's Central Office adoption file including, but not limited to:

(a) Adoption records, papers, and files;

(b) Records and information created, generated, produced, or submitted for purposes of selecting the adoptive family for the child ;

(c) Documents, writings and information obtained, created, or submitted by the Department Child Permanency Program staff for the purposes of finalizing the child’s adoption;

(d) Records and information obtained or created by the Department for the purposes of determining eligibility or making payment for adoption assistance ;

(e) Any medical, psychiatric, or psychological records of the child received by the Child Permanency Program staff for retention as part of the Child Permanency Program adoption file of the child ;

(f) The names, address, or other identifying information of the adoptive family of the child ; and

(g) The birth certificate of the child .

(24) "Discipline" means a training process a family uses to help a child or young adult develop the self-control and self-direction necessary to assume responsibilities, make daily living decisions, and learn to conform to accepted levels of social behavior.

(25) "Disclose" means reveal or provide client information to a person, agency, organization, or other entity outside of the Department of Human Services. Disclosing includes, but is not limited to:

(a) Showing or providing a client record or copy of a client record ; and

(b) Orally transmitting client information .

(26) "Gender expression" means the manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity.

(27) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

(28) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(29) "Guardianship assistance" means assistance provided by the Department to the guardian on behalf of an eligible child or young adult to offset costs associated with meeting the ongoing needs of the child or young adult . "Guardianship assistance" may be in the form of a payment, medical coverage, or reimbursement of guardianship expenses.

(30) "Indian child" means an unmarried person who is under 18 years of age and who is either a member of an Indian Tribe or is eligible for membership in an Indian Tribe and who is the biological child of a member of an Indian Tribe.

(31) "Juvenile" means a person younger than the age of 18 years who is identified as a perpetrator. OAR 413-010-0716 provides specific requirements regarding application of these rules to juveniles.

(32) "Legal custody" means that a person or agency has legal authority:

(a) To have physical custody and control of a child ;

(b) To supply the child with food, clothing, shelter and other necessities;

(d) To authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care or treatment for the child , and in any emergency where the child's safety appears urgently to require it, to authorize surgery or other extraordinary care; and

(e) "Legal custody" includes temporary custody of a child under an order of a court.

(33) "Legal finding" means a court or administrative finding, judgment, order, stipulation, plea, or verdict that determines who was responsible for the abuse that is the subject of a CPS founded disposition. Successful completion of a diversion program is not a legal finding.

(34) "Legal proceeding" means a court or administrative proceeding that may result in a legal finding.

(35) "Legally emancipated " means a person under 18 years of age who is married or has been emancipated by the court in accordance with the requirements of ORS 419B.558.

(36) "Level of care payment" means the payment provided to an approved or certified family , a guardian , a pre-adoptive family , or an adoptive family based on the need for enhanced supervision of a child or young adult as determined by applying the CANS algorithm to the results of the CANS screening.

(37) "Level of personal care payment" means the payment to a qualified provider for performing the personal care services for an eligible child or young adult based on the child's or young adult's need for personal care services as determined by applying the personal care services algorithm to the results of the personal care services rating scale.

(38) "Licensee" means a child-caring agency that holds a license issued by the Department.

(39) "Local Child Welfare Office CPS Founded Disposition Review" means a process wherein a Local Child Welfare Office CPS Founded Disposition Review Committee reviews a founded disposition, makes recommendations to a Child Welfare Program Manager or designee, and the Child Welfare Program Manager or designee makes a decision to uphold, overturn, or change the abuse type of the founded disposition.

(40) "Local Child Welfare Office CPS Founded Disposition Review Committee" means a group of two child welfare employees who make a recommendation or recommendations to a Child Welfare Program Manager or designee regarding a CPS founded disposition. One of the members must be a manager and one must be staff trained in CPS assessment and dispositions. No one may serve on the "Local Child Welfare Office CPS Founded Disposition Review Committee" in the review of an assessment in which he or she had a role in the CPS assessment, including having participated in a staffing, that resulted in the CPS founded disposition under review. Further requirements of the "Local Child Welfare Office CPS Founded Disposition Review Committee" are found in OAR 413-010-0735 and 413-010-0738.

(41) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child.

(42) "Participating Tribe" means a federally recognized Indian Tribe in Oregon with a Title IV-E agreement with the Department.

(43) "Party" means a person entitled to a contested case hearing under these rules.

(44) "Perpetrator" means the person the Department has reasonable cause to believe is responsible for child abuse in a CPS founded disposition.

(45) "Person Requesting Review" or "Requestor" means a perpetrator, their attorney, or, if a juvenile is identified as the perpetrator, the person who may request a review on their behalf, who requests a review of the founded disposition.

(46) "Potential guardian" means an individual who:

(a) Has been approved by the Department or participating Tribe to be a child's guardian ; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(47) "Pre-adoptive family" means an individual or individuals who:

(a) Has been selected to be a child's adoptive family; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(48) "Record" means a record, file, paper, or communication and includes, but is not limited to, any writing or recording of information including automated records and printouts, handwriting, typewriting, printing, photostating, photographing, magnetic tapes, videotapes, or other documents. "Record" includes records that are in electronic form.

(49) “Record of sexual orientation, gender identity or gender expression” means a written or recorded statement made by a child, memoranda of an oral statement made by a child or any other documentation in a child’s child welfare records of the child’s statement, if the statement concerns the child’s sexual orientation, gender expression or gender identity.

(50) "Registered domestic partner" means an individual joined in a domestic partnership that has been registered by a county clerk in accordance with ORS 106.300 to 106.340.

(51) "Relative" means any of the following:

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult or parent:

(A) Any genetic relative of preceding generations denoted by the prefixes of grand, great or great-great.

(B) An aunt, uncle, nephew, niece, first cousin and first cousin once removed.

(C) A spouse of anyone listed in paragraphs (A) to (B) of this subsection, even if a petition for annulment, dissolution or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody.

(b) An individual with one of the following relationships to the child or young adult:

(A) A sibling, also to include an individual with a sibling relationship to the child or young adult through an alleged genetic parent.

(B) An individual defined as a relative by the law or custom of the tribe of the child or young adult, if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(D) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepsibling.

(E) A registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult, if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody.

(F) The adoptive parent or an individual who has been designated as the adoptive resource of a sibling of the child or young adult.

(G) An unrelated parent of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated parent.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies as being related to the child or young adult through the parent of the child or young adult genetically, or by adoption or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (C) of subsection (a) of this section, unless the relationship has been dissolved by adoption of the child, young adult or parent.

(d) An individual meeting the requirements of at least one of the following:

(A) An individual not related to the child, young adult or parent genetically or by adoption or marriage:

(i) Who is identified as a member of the family by the child or young adult or by the family of the child or young adult; and

(ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody.

(B) An individual who has a genetic relationship to the child or young adult as described in paragraphs (A) to (C) of subsection (a) of this section through the genetic parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult or genetic parent, and who is identified as a member of the family by the child or young adult or who self-identifies as a member of the family.

(e) For eligibility for the guardianship assistance program:

(A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution or separation has been filed, or the marriage to the parent of the child has been terminated by divorce or death.

(B) A resource parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when:

(i) There is a compelling reason why adoption is not an achievable permanency plan;

(ii) The resource parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship;

(iii) The resource parent has cared for the child for at least 12 of the past 24 months; and

(iv) The Department or Tribe has approved the resource parent for consideration as a guardian.

(52) "Relative resource parent" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(53) "Request for a Central Office CPS Founded Disposition Review" means a written request for a Central Office CPS Founded Disposition Review from a requestor who has received a Local Child Welfare Office CPS Founded Disposition Review Decision (Form CF 314) to retain a founded disposition. The specific requirements for a request for review by Central Office are described in OAR 413-010-0740.

(54) "Safety service provider" means a participant in a protective action plan, initial safety plan, or ongoing safety plan whose actions, assistance, or supervision help a family in managing a child's safety.

(55) "Service" means assistance that the Department provides clients.

(56) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality or bisexuality.

(57) "Sibling" means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways:

(a) Genetically or by adoption through a common parent;

(b) Through the marriage of the legal or genetic parents of the children or young adults; or

(c) Through a legal or genetic parent who is the registered domestic partner of the legal or genetic parent of the children or young adults.

(58) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(59) "Substitute caregiver" means a relative resource parent, resource parent, or provider authorized to provide care to a child or young adult in the legal or physical custody of the Department.

(60) "Visit" means planned, in-person contact between the child or young adult and one or more family members.

(61) "Voluntary services" means services that the Department provides at the request of a person or persons and there is no open and related juvenile court proceeding.

(62) "Young adult" means a person 18 through 20 years of age.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.010, ORS 409.225, ORS 419A.255, ORS 418.200, ORS 418.606-418.609 & ORS 174.100
CWP 4-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 34-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 2-2016, f. & cert. ef. 2-1-16
CWP 22-2015, f. & cert. ef. 10-6-15
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0010 Purpose

The purpose of OAR 413-010-0010 to 413-010-0075 is to describe circumstances in which the Department may and may not disclose client information without a court order.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.225, 419A.170 & 419A.255
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0030 Protection of Information

In the interest of family privacy and to protect children, families, and other recipients of services, except as provided by Oregon statutes and these rules (OAR 413-010-0010 to 413-010-0075):

(1) Client information is confidential.

(2) Client records are not available for public inspection.

(3) Oregon statutes, OAR 407-014, and these rules regulate the Department's disclosure of client information by prohibiting disclosure of some client information, mandating disclosure of some information, and giving the Department discretion to disclose some information, as provided in OAR 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, and 407-014.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 409.010, 409.225, 419A.255 & 419B.035
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0035 Prohibited Disclosures

(1) If a court order or a specific statute requires the Department to disclose information that this rule protects, the Department must disclose the information.

(2) The Department may not disclose client information:

(a) For purposes not directly connected with the administration of child welfare laws; or

(b) When disclosure is not required nor authorized by:

(A) ORS 419B.035 (governing confidentiality of child abuse records), set out in section (11) of this rule;

(B) ORS 419A.255 (governing confidentiality of juvenile court records) set out in section (12) of this rule; or

(3) The Department may not disclose investigatory information compiled for criminal law purposes, including the record of an arrest or a report of a crime, unless:

(a) The Department determines after consultation with law enforcement or a prosecutor that the information can be disclosed without interfering with an ongoing law enforcement investigation or prosecution of a case; or

(b) The Department determines that disclosure is required by ORS 419B.035(1)(i) because a child, as the result of abuse, died or suffered serious physical injury taking into account the factors listed in ORS 419B.035(2)(a).

(4) Department employees may not disclose the information described in section (3) of this rule unless authorized to do so by the Child Welfare Program Manager or designee or the department’s public records unit in accordance with Public Records Law.

(5) A person authorized to review client records may not review the complete case file if the complete file contains confidential information about other persons, including, but not limited to other clients, ex-spouses, battering partners, housemates, and half-siblings unless the other person provides written consent that meets the requirements of OAR 413-010-0045(2)(a).

(6) The Department may not disclose the records of a patient at a drug and alcohol abuse treatment facility to any person without the consent of the patient.

(7) The Department may not disclose client information contained in a record sealed by a court order of expunction or any part of the expunged record.

(8) Department Adoption Records.

(a) The Department must seal Department adoption records in its possession consistent with ORS 109.289.

(b) The Department may not access, use, or disclose Department adoption records in its possession except as provided in ORS 109.289.

(c) Subject to subsection (d) of this section, the Department may, without a court order, access, use, or disclose Department adoption records in its possession for the purpose of providing adoption services or administering child welfare services that the Department is authorized to provide under federal or state law.

(d) The Child Permanency or Post-Adoption Program Manager, or their designee, must authorize the unsealing of and access to, use of, or disclosure of Department adoption records by other Department employees.

(e) The Department may, upon request and if available, disclose the county in which an adoption was finalized and the case number of the adoption proceeding as provided in ORS 109.331.

(9) Reporter of Abuse. The identity of the person making a report of suspected child abuse, and any identifying information about the reporting person, must be removed from the records or shielded from view before records are viewed or copied. The name, address or other identifying information may only be disclosed to a law enforcement officer or district attorney in order to complete an investigation report of child abuse.

(10) Reports and Records Compiled Pursuant to the Child Abuse Reporting Law.

(a) Each report of suspected child abuse must be immediately reported to a law enforcement agency.

(b) The Department must assist in the protection of a child who is believed to have been abused by providing information as needed to:

(A) The juvenile court;

(B) The district attorney;

(D) Members of a child protection team or consultants involved in assessing whether or not abuse occurred and determining appropriate treatment for the child and family;

(E) A physician who is examining a child or providing care or treatment, and needs information about the child's history of abuse; and

(F) A non-abusing parent, resource parent, or other non-abusing person responsible for the care of the child.

(c) A report, record , or findings of an assessment of child abuse may not be disclosed until the assessment is completed, except for the reasons stated in paragraphs (e)(A) and (B) of this section. If a related criminal investigation is in process the Department , in consultation with the deputy district attorney assigned to the investigation, will determine whether the protective services assessment may be disclosed.

(d) Records or findings of completed child abuse assessments must be released upon request to the following:

(A) Attorneys of record for the child or child's parent or guardian in a juvenile court proceeding for use in that proceeding; and

(B) A citizen review board established by the Department or by a juvenile court to review the status of children under the jurisdiction of the court for the purpose of completing a case review. Before providing information to a citizen review board, the Department must assure that the board has informed participants of their statutory responsibility to keep the information confidential, and will maintain records in an official, confidential file.

(e) Records or information from records of abuse assessments may be disclosed to other interested parties if the Department determines that disclosure to a person or organization is necessary to:

(A) Administer child welfare services and is in the best interests of the affected child. When disclosure is made for the administration of child welfare services, the Department will release only the information necessary to serve its purpose; and

(B) Prevent abuse, assess reports of abuse, or protect children from further abuse.

(11) Juvenile Court Records in Department Files.

(a) The Department may not disclose records and information in its possession that are also contained in the juvenile court's record of the case or supplemental confidential file, defined in subsections (b) and (c) of this section, except as provided in ORS 419A.255 and other federal and state confidentiality laws pertaining to client records.

(b) Record of the Case.

(A) The juvenile court's "record of the case", as defined in ORS 419A.252, includes but is not limited to the summons, the petition, papers in the nature of pleadings, answers, motions, affidavits, and other papers filed with the court, orders and judgments, including supporting documentation, exhibits and materials offered as exhibits whether or not received in evidence, and other records listed in ORS 419A.252.

(B) The record of the case is unavailable for public inspection, but is open to inspection and copying as provided in ORS 419A.255.

(A) The juvenile court's "supplemental confidential file", as defined in ORS 419A.252, includes reports and other material relating to the child's history and prognosis, including but not limited to reports filed under ORS 419B.440, that are not or do not become part of the record of the case and are not offered or received as evidence in the case.

(B) The supplemental confidential file is unavailable for public inspection, but is open to inspection and copying as provided in ORS 419A.255.

(C) The Department is entitled to copies of material maintained in the supplemental confidential file and if such material is obtained, the Department must ensure the confidentiality of that material as provided in ORS 419A.255.

(d) Reports and other materials relating to the child's history and prognosis in the record of the case or in the supplemental confidential file are privileged and except at the request of the child, are unavailable for public inspection but are open to inspection and copying as provided in ORS 419A.255.

(e) When the Department inspects or obtains copies of reports, materials, or documents pursuant to ORS 419A.255(4), the Department may not use or disclose the reports, materials, or documents except as provided in ORS 419A.255.

(12) Notwithstanding the above subsections, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

(13) Records Received from the Oregon Youth Authority or the Juvenile Department. The Department must preserve the confidentiality of reports and other materials it receives from the Oregon Youth Authority or the juvenile department relating to the child, ward, youth or youth offender's history and prognosis, as provided in ORS 419A.257.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005. 418.340
Statutes/Other Implemented: ORS 409.225, ORS 418.005, ORS 419A.102, ORS 419A.252, ORS 419A.255, ORS 419A.263, ORS 419B.035, ORS 432.420, ORS 109.289, ORS 109.329, ORS 109.331, ORS 192.501, ORS 409.010 & ORS 409.194
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 26-2019, temporary amend filed 05/31/2019, effective 06/03/2019 through 11/29/2019
CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17
CWP 14-2016(Temp), f. & cert. ef. 8-25-16 thru 2-20-17
CWP 2-2016, f. & cert. ef. 2-1-16
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0045 Mandatory Disclosure

(1) The Department must disclose client information if disclosure is required by ORS 419A.255 or 419B.035.

(2) Unless a client record is exempt from disclosure under the Public Records Law, ORS 192.311 through 192.431, the Department must disclose the client record in the circumstances described below:

(a) If the client is 18 years or older or legally emancipated, the Department must disclose, upon request:

(A) The client's records to the client if no court order prohibits the disclosure; or

(B) The client's records to a third party if no court order prohibits the disclosure and the client has authorized the Department in writing to disclose the records to the third party.

(b) Upon the request of a child's parent or guardian, the Department must disclose a child's client records to the parent or guardian if the child is receiving voluntary Department services.

(c) Upon the request of a child's parent or guardian, the Department must disclose a child's client records to the parent or guardian if the child is or has been in the Department's custody unless:

(A) The child objects;

(B) Disclosure would be contrary to the best interests of any child; or

(C) Disclosure could be harmful to the person caring for the child, including, but not limited to, resource parents, treatment providers and relatives other than the child's parent or guardian.

(d) The Department must disclose a child's client record to the juvenile court in juvenile proceedings, including tribal proceedings regarding the child;

(e) The Department must disclose a child's client records to an attorney who identifies as the child's attorney if the juvenile court confirms that they are the attorney of record in a juvenile proceeding.

(3) Information related to the Department's activities and responsibilities in child abuse cases. Upon request, the Director or the Director's designee must review the information related to the Department's activities and responsibilities:

(a) When child abuse causes the death or near death of a child or an adult is charged with a crime related to child abuse; and

(b) Unless the information is exempt from disclosure under other law, the Director or the Director's designee must determine an appropriate time for disclosing the information and that determination must depend on, among other things, the status of any child abuse or criminal investigations and the privacy interests of the victims.

(4) Disclosure to Court Appointed Special Advocate (CASA):

(a) Access to information. Upon presentation of the order of appointment by the court, a CASA, without the consent of the child or children or parents, may inspect and copy any records relating to the child or children involved in the case held by the following entities:

(A) The Department, the state courts, and any other agency, office or department of the state; and

(B) Hospital, school organization, division, doctor, nurse or other health care provider, psychologist, psychiatrist, police department or mental health clinic.

(b) All records and information acquired or reviewed by a CASA during the course of official duties are confidential;

(c) When a CASA is also the guardian ad litem pursuant to federal law, this rule governs the guardian ad litem's access to information.

(5) If, in the professional judgment of the caseworker, information about a child indicates that the child presents a clear and immediate danger to another person or entity, the Department must disclose the information to the appropriate authority and to the person or entity in danger. The decision to release information in these circumstances will be made in consultation with a supervisor.

(6) Notwithstanding the subsections above, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS Ch. 192.410–192.505, ORS 409.225, ORS 419B.035 & ORS 419B.112
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0055 Mandatory Disclosure if in the Child’s Best Interest

(1) Unless client information is exempt from disclosure under another provision of law, and if disclosure is in the child's best interest, the Department will disclose client information records to the following persons:

(a) Employees of the Department of Human Services to the extent necessary to perform their official duties, determine the child's or family's eligibility for services, or provide services to the child or family;

(b) The Division of Child Support of the Department of Justice, when information is needed in order to locate children or absent parents, and to establish support for children in substitute care; and

(c) Treatment providers, resource parents, adoptive parents, school officials or other persons providing services to the child or family to the extent that such disclosure is necessary to provide services to the child or family. Such services include, but are not limited to, those provided by resource parents, child care centers, private child caring agencies, treatment centers, Indian social service or child welfare agencies, physicians and other health care providers, mental health professionals, volunteers, student interns, and child protection teams.

(2) Sensitive Review Committee.

(a) The Director of the Oregon Department of Human Services (Director) may choose to convene, either on the Director's own motion or upon a request of the President of the Senate or the Speaker of the House, a sensitive review committee for the purpose of reviewing the actions of the Department, in order to improve the quality of and strengthen child welfare practice in future cases. If the Director convenes a committee at the request of the President or the Speaker, then the Director must submit the final written report containing the findings, conclusions, and recommendations of the committee to the President and the Speaker no more than 180 days after receiving the request from the President or the Speaker.

(b) Unless client information is exempt from disclosure under ORS Chapter 192 or another provision of law, and if disclosure is in the child's best interest, the Director or the Director's designee must direct disclosure of relevant client information to persons appointed to a sensitive review committee convened by the Director.

(A) Any record disclosed to the committee members must be kept confidential by the members of the committee and must be used only for the purpose for which the record was disclosed.

(B) Any records disclosed to the committee members must be returned to the Department upon completion of the review.

(3) Notwithstanding the subsections above the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The Department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The Department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

History

Statutory/Other Authority: ORS 409.050, ORS 409.194 & ORS 418.005
Statutes/Other Implemented: ORS 409.010, ORS 409.194, ORS 409.225 & ORS 418.005
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
CWP 24-2010, f. & cert. ef. 12-29-10
CWP 17-2010(Temp), f. & cert. ef. 7-19-10 thru 1-15-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0065 Discretionary Disclosure

(1) The Department may disclose client information when disclosure is required or authorized by:

(a) ORS 419B.035 (governing confidentiality of child abuse reports and records), set out in OAR 413-010-0035(11); or

(b) ORS 419A.255 (governing confidentiality of juvenile court records) set out in OAR 413-010-0035(12).

(c) ORS 409.225, 419B.035 and 419B.881 (governing confidentiality of record of sexual orientation, gender identity or gender expression) set out in the above rules.

(d) ORS 109.289 (governing confidentiality of adoption records) set out in OAR 413-010-0035(8).

(2) The Department may disclose client information for purposes directly connected with the administration of child welfare laws including, but not limited to:

(a) Disclosure to employees of the Secretary of State's Office, the Department of Administrative Services, the Department of Health and Human Services, and the Department who require information to complete audits, program reviews and quality control;

(b) Disclosure to law enforcement officers and district attorneys' offices needing information for child abuse assessments, criminal investigations, civil and criminal proceedings connected with administering the agency's child welfare programs; and

(c) Disclosure to the public if a child in the Department's legal custody has been abducted or is missing and believed to be abducted, and is in danger of harm or a threat to the welfare of others. The Department may disclose limited information to the extent necessary to identify, locate, or apprehend the child, including the child's name, description, and that the child may pose a threat to the public or self.

(3) The Department may disclose general information including, but not limited to policy statements, statistical reports or similar compilations of data which are not identified with an individual child, family or other recipient of services, unless protected by other provisions of law.

(4) Presumed Waiver of Protection of ORS 409.225(1). The Department may disclose the information described in section (5) of this rule if the Director or the Director's designee determines that all of the following circumstances are present:

(a) An adult client is the subject of client information made confidential by ORS 409.225(1);

(b) The Public Records Law does not exempt the information from disclosure;

(c) The adult client has publicly revealed or caused to be revealed any significant part of the confidential information and thus is presumed to have voluntarily waived the confidentiality protection of ORS 409.225(1);

(d) Disclosure is in the best interest of the child; and

(e) Disclosure is necessary to the administration of the child welfare laws.

(5) If disclosure is authorized under section (4) of this rule, the Department may disclose information about the person making or causing the public disclosure, not already disclosed, but related to the information made public.

(6) Review of Department records for research purposes. The Director or the Director's designee may authorize a person or organization to review Department records for research purposes. The Department may not approve the request until the researcher has agreed, in writing, to maintain the confidentiality of individual clients, not to copy the Department records, and not to include identifying information about any client in the report or reports of the research.

(7) Investigation of Other Crime:

(a) Except as authorized by subsection (2)(b) or (8) of this rule, and ORS 409.225, Department employees may not disclose to law enforcement client information obtained from client records, conversations with clients or other sources if the employee or employees acquired the information because a person is or has been a client of the Department;

(b) A manager or the manager's designee may disclose to law enforcement a client's current address when:

(A) The law enforcement officer provides the name and social security number of the client; and

(B) The officer satisfactorily demonstrates that the client is a fugitive felon (as defined by the state), the location or apprehension of such felon is within the law officer's official duties, and the request is made in the proper exercise of those duties.

(8) Notwithstanding the subsections above, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

History

Statutory/Other Authority: ORS 418.005, ORS 419B.035 & ORS 409.050
Statutes/Other Implemented: ORS 409.225, ORS 409B.230, ORS 419A.225 & ORS 419B.035
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0068 Disclosure of Information Exempt Under the Public Records Law

Unless required by court order or specific statute, the Department may not disclose information in a client file if the information is exempt under the Public Records Law.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 192.410–192.505 & 418.005
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0075 Disclosure Procedures

(1) The Child Welfare Program Manager or the manager's designee must supervise access to records.

(2) The Child Welfare Program Manager or manager's designee must approve in writing the disclosure or redisclosure of client information in the following circumstances:

(a) The Department currently is the child's legal custodian or guardian or the Department was the child's legal custodian or guardian when the Department authorized services;

(b) The Department currently is serving the child pursuant to an Interstate Compact or other interstate agreement; or

(c) The child is or was evaluated or provided services in conjunction with the Department assessment following a protective service report, regardless of the child's legal status at the time.

(3) The Department may require a reasonable period of time to prepare a client's record for review at the branch or disclosure by mail or email.

(4) The Department may require that a person who seeks to review client records, review the records at an appointed time.

(5) Except as provided in OAR 413-010-0065(6) and (8) (access to records for research purposes), a person authorized to review the Department record may copy the record.

(6) Any record disclosed must be kept confidential by the person to whom the record is disclosed and must be used only for the purpose for which disclosure was made.

(7) All social service agencies, courts, resource parents, service providers (including medical providers), or agents of the Department providing services to the Department's client at the request of the agency are subject to the Oregon statutes and the Department rules governing disclosure of client information.

(8) The Department may not permit a person authorized to review a particular client's file to review the complete file if the file includes information about any other client. The Department must permit review of the particular client's records.

(9) When copies of confidential information are released, the material must be stamped: "Confidential not to be redisclosed".

(10) When confidential records and information are part of the record in an administrative hearing before the Department, the Department and all participants in the hearing must take all reasonable measures to maintain the confidentiality of the information.

History

Statutory/Other Authority: ORS 418.005, ORS 419B.035 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419A.255, ORS 409.225 & ORS 419B.035
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 26-2019, temporary amend filed 05/31/2019, effective 06/03/2019 through 11/29/2019
CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 18-2011, f. & cert. ef. 9-2-11
SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99

Or. Admin. R. 413-010-0076 Considerations and Process in Determining Disclosure of a Record of Sexual Orientation, Gender Identity or Gender Expression

(1) When a child makes a statement that meets the definition of a record of sexual orientation, gender identity or gender expression to a Department employee, the employee will identify in written records that the information must remain confidential.

(2) By default the written record of sexual orientation, gender identity or gender expression must remain confidential unless:

(a) The Department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The Department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family;

(3) A child , in consultation with their attorney,if applicable may provide verbal or written consent to the disclosure of a record of sexual orientation, gender identity or gender expression to their caseworker when:

(a) The child is age 14 or older, and

(b) There are no significant limitations in intellectual functioning and adaptive behavior documented for the child that impacts the child's competency to consent.

(4) Consent must be documented by the child’s caseworker, including the date consent was provided, in the child’s written records.

(5) When a child has not consented to the disclosure of a record of sexual orientation, gender identity or gender expression or the child is unable to consent for the reasons identified in subsection (3) of this rule, the Department caseworker for the child may, in consultation with the child’s attorney, determine there is a need for disclosure if:

(a) Failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being; or

(b) Disclosure of the record is necessary to provide services to the child or the child’s family.

(6) When the caseworker determines that one of the conditions outlined in subsection (5) of this rule are met, the caseworker must consult with their supervisor and consider the following:

(a) The impact to the child’s emotional or mental wellbeing;

(b) The impact to child’s physical wellbeing; or

(7) If the caseworker’s supervisor and the child’s attorney are in agreement that disclosure is necessary when a child is unwilling or unable to consent, the caseworker must document in written findings the applicable reasons for disclosure listed in subsection (5) of this rule and the date disclosure was agreed upon.

(8) If the child’s attorney is not in agreement with the disclosure, the Child Welfare Program Manager will make the final determination as to whether the written findings justify the necessity for disclose and approve the disclosure. If the Child Welfare Program Manager approves the disclosure, the caseworker must inform the child's attorney of the decision within a reasonable time to allow the attorney to request a court hearing if needed. If the Child Welfare Program Manager approves the disclosure, the caseworker must inform the child's attorney of the decision within a reasonable time to allow the attorney to request a court hearing if needed.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 419B.035
Statutes/Other Implemented: ORS 418.005, ORS 419A.255, ORS 409.225 & ORS 419B.035
CWP 96-2023, adopt filed 12/22/2023, effective 01/01/2024

Or. Admin. R. 413-010-0170 Purpose

The purpose of OAR 413-010-0170 to 413-010-0185 is to:

(1) Describe the rights and protection each child and young adult in the legal custody of the Department is entitled to receive from the Department;

(2) Establish the Oregon Foster Children's Bill of Rights, as provided in ORS 418.200to 418.202; and

(3) Establish the Oregon Foster Children’s Sibling Bill of Rights, as provided in Oregon Laws 2017 chapter 36.

History

Statutory/Other Authority: ORS 418.005 & 418.202
Statutes/Other Implemented: ORS 418.005, 418.201, 418.202, 419B.343 & 418.606-418.609
CWP 35-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018
CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 14-2009, f. & cert. ef. 11-3-09
SOSCF 6-1998, f. 2-10-98, cert. ef. 2-15-98

Or. Admin. R. 413-010-0175 Definitions

Definitions for OAR 413-010-0170 to 413-010-0185 are in OAR 413-010-0000.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 14-2009, f. & cert. ef. 11-3-09

Or. Admin. R. 413-010-0180 Rights of Children and Young Adults in the Legal Custody of the Department

(1) Every child and young adult in the legal custody of the Department has rights, including but not limited to the right:

(a) To be placed in the least restrictive environment that appropriately meets individual needs;

(b) To be provided basic needs such as adequate food, clothing, and shelter;

(c) To receive appropriate care, supervision, and discipline , and to be taught to act responsibly and respect the rights of others;

(d) To be provided routine and necessary medical, dental, and mental health care and treatment;

(e) To regularly attend school and be provided with free and appropriate public education;

(f) To be protected from all forms of abuse as defined in ORS 419B.005 and 418.25 including but not limited to, exploitation, neglect, intimidation, retaliation and wrongful use of restraint or seclusion.;

(g) To be provided services designed for reunification with the parent or guardian except when there is clear evidence that the parent or guardian may not protect the child's or young adult's welfare;

(h) To be provided services to develop a safe permanent alternative to the family, when family resources are not available;

(i) To be accorded the least restrictive legal status that is consistent with the need for protection;

(j) To have the Department present its position on best interests to the court;

(k) To be present at all court hearings regarding their case and speak directly to the judge;

(l) To be assigned an attorney to represent their interests and have unimpeded and unmonitored contact with their attorney;

(m) To have unimpeded and unmonitored contact, as applicable, with the Residential Facilities Ombudsman, the Children’s Advocate or a foster care ombudsman who has been formally designated by the Children’s Advocate or the Department of Human Services.

(n) To have an attorney or court-appointed advocate of the foster child’s choosing present for any interview with law enforcement or abuse investigators, regardless of whether the foster child is interviewed as a witness, a victim or a subject individual.

(o) To receive respect, be nurtured, and attend activities in accordance with their background, religious heritage, race, and culture within reasonable guidelines as set by the case plan , the visitation plan, and the court;

(p) To visit and communicate with a parent or guardian , siblings, members of their family, and other significant people within reasonable guidelines as set by the case plan, the visitation plan, and the court;

(q) To be involved, in accordance with their age and ability and with the law, in making major decisions that affect their life, to participate in the development of their case plan , permanency plan, and comprehensive transition plan and to discuss their views about the plans with the judge;

(r) To receive encouragement and be afforded reasonable opportunities to participate in extracurricular, cultural, and personal enrichment activities consistent with their age and developmental level; and

(s) To earn and keep their own money and to receive guidance in managing resources to prepare for living independently, including receiving assistance from the Department to establish a savings account as provided in ORS 418.708.

(t) To maintain and have access to personal belongings including but not limited to clothing, books, toys, photographs and musical instruments .

(u) To transport belongings in an appropriate carrier when entering, exiting, or transitioning within foster care.

(2) This section establishes the Oregon Foster Children's Bill of Rights. In addition to the rights listed in section (1) of this rule, every child and young adult in the legal custody of the Department who is or was in substitute care or is awaiting placement has the following rights, as provided in ORS 418.201:

(a) To have the ability to make oral and written complaints about care, placement, or services that are unsatisfactory or inappropriate, and to be provided with information about a formal process for making complaints without fear of retaliation, harassment, or punishment.

(b) To be notified of, and provided with transportation to, court hearings and reviews by local citizen review boards pertaining to the child’s or young adult’s case.

(c) To be provided with written contact information of specific individuals whom the child or young adult may contact regarding complaints, concerns, or violations of rights, that is updated as necessary and kept current.

(d) When the child or young adult is 14 years of age or older, to be provided with written information within 60 days of the date of any placement or any change in placement, regarding:

(A) How to establish a bank account in the child’s or young adult’s name as allowed under state law;

(B) How to acquire a driver license as allowed under state law;

(D) The availability of a tuition and fee waiver for a current or former foster child under ORS 351.293;

(E) How to obtain a copy of the child’s or young adult’s credit report, if any;

(F) How to obtain medical, dental, vision, mental health services, or other treatment, including services and treatments available without parental consent under state law; and

(G) A transition toolkit, including a comprehensive transition plan.

(e) With respect to a child’s or young adult’s rights under the federal and state constitutions, laws, including case law, rules, and regulations:

(A) To receive a document setting forth such rights that is age and developmentally appropriate within 7 days of the date of any placement or any change in placement;

(B) To have a document setting forth such rights that is age and developmentally appropriate posted at the residences of all resource parents, child-caring agencies, and independent resident facilities; and

(C) To have an annual review of such rights that is age and developmentally appropriate while the child or young adult is in substitute care .

(f) To be provided with current contact information within 7 calendar days of placement or change in placement, for adults who are responsible for the care of the child or young adult and who are involved in the child’s or young adult’s case, including but not limited to caseworkers, caseworker supervisors, attorneys, foster youth advocates and supporters, court appointed special advocates, local citizen review boards, and employees of the Department that provide certification of resource parents, child-caring agencies, and independent resident facilities.

(g) To have a hotline phone number that is available to the child or young adult at all times for the purposes of enabling the child or young adult to make complaints and assert grievances regarding the child’s or young adult’s care, safety, or well-being.

(3) This section establishes the Oregon Foster Children’s Sibling Bill of Rights. A s ibling who is a foster child has rights, including but not limited to the right:

(a) To obtain substitute care placements with siblings (pursuant to OAR 413-070-0600 to 413-070-0645), whenever it is safe and appropriate;

(b) To regularly visit and maintain contact with siblings, including regular in-person visits and private unrestricted communication except as limited, denied or prohibited by court order .

(c) To be informed why contact with a sibling is limited or prohibited, and to have the decision limiting or prohibiting contact with their sibling be made by a judge, documented as written findings of fact in a court order.

(d) To have a sibling visit and contact plan that has been developed as a result of the active engagement and participation of siblings, updated at least annually, and complied with as part of any substitute care placement;

(e) To be provided with transportation to visit and maintain contact with siblings;

(f) To be placed with a resource parent or relative resource parent who has been provided with training on the importance of sibling relationships;

(g) To be assigned to a caseworker who has been provided with training on the importance of sibling relationships;

(h) To ensure that contact with siblings will be regularly maintained, encouraged and facilitated in any adoptive or guardianship placement, except as limited, denied or prohibited by court order(i) To have more private or less restrictive communication with siblings as compared to communications with others who are not siblings, whenever it is safe and appropriate;

(j) To be immediately and timely notified of the birth of a sibling, placement, or placement change of a sibling who is in the legal custody of the Department in a developmentally appropriate and trauma-responsive manner. and

(k) To be immediately and timely notified of a catastrophic event or an emergency affecting a sibling, or a parent, in a developmentally appropriate and trauma responsible manner;

(l) To request that the foster child’s attorney advocate on behalf of the foster child for contact and visits with siblings:

(A) While the foster child is in foster care;

(B) When the court is considering whether to order visitation between the foster child and the foster child’s siblings under ORS 419B.367; and

(C) When decisions are made regarding post-adoption or post-guardianship contact between the foster child and the foster child’s siblings.

(4) With respect to the rights in section (3) of this rule, a foster child has the right:

(a) To receive a document setting forth such rights, and a verbal explanation of those rights, that are age and developmentally appropriate and trauma responsive, within 7 calendar days of the date of any placement or change in placement;

(b) To have unrestricted access to the document described in (4)(a) of this rule at all substitute care placements, including but not limited to, the residence of all resource parents and child-caring agencies at which the child in foster care receives care;

(c) To have the document described in (4)(a) of this rule on each occasion the child’s case plan is considered and reviewed pursuant to OAR 413-040-0100;

(d) To be informed by the Department of the rights in section (3) of this rule at least annually and upon the child or young adult's request; and

(e) To have these rights apply regardless of whether the parental rights of one or more of the foster child’s parents have been terminated.

(5) A child or young adult in the legal custody of the Department may have other rights not specified in this rule as appropriate to the child's or young adult's age and developmental stage.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.202
Statutes/Other Implemented: ORS 418.005, ORS 418.200, ORS 418.202, ORS 418.201 & ORS 418.606-418.609
CWP 64-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 52-2026, temporary amend filed 04/02/2026, effective 04/02/2026 through 09/28/2026
CWP 5-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 36-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 32-2018, minor correction filed 04/16/2018, effective 04/16/2018
CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018
CWP 21-2016, f. & cert. ef. 11-1-16
CWP 7-2016(Temp), f. & cert. ef. 5-17-16 thru 11-12-16
CWP 1-2015, f. & cert. ef. 1-1-15
CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 14-2009, f. & cert. ef. 11-3-09
SOSCF 6-1998, f. 2-10-98, cert. ef. 2-15-98

Or. Admin. R. 413-010-0185 Department Responsibilities

(1) The Department will develop information and materials to be provided to each child and young adult in the legal custody of the Department who are or were in substitute care regarding their rights under OAR 413-010-0180. The Department will review and update the information and materials periodically, and may develop other information and materials it determines will be helpful in informing children and young adults about their rights and how to assert and protect them.

(2) The Department will make training available to caseworkers and other employees who will provide the information and materials specified in section (1) to children and young adults, to ensure the information and materials are provided in a manner that is timely and appropriate to age and developmental stage.

(3) The Department will make training available to caseworkers and other employees about the Department's obligations under ORS 418.201, Oregon Laws 2017, chapter 36, OAR 413-010-0180and this rule, to ensure the obligations are carried out in a manner that is timely and appropriate to age and developmental stage.

(4) The Department will develop information and materials and make training available to substitute caregivers regarding their obligations to ensure the children and young adults in their care are informed of their rights under OAR 413-010-0180 in a manner that is timely and appropriate to age and developmental stage.

(5) The Department will develop and publish a process for children and young adults in the legal custody of the Department who are or were in substitute care to make complaints regarding their care. The process will include a phone number that is available at all times.

(6) Absent a court order or other compulsory process that requires disclosure, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The Department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being;

(b) The Department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or

History

Statutory/Other Authority: ORS 418.005, ORS 418.202 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.201, ORS 418.202, ORS 418.606-418.609, ORS 409.225 & ORS 419B.035
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 37-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018
CWP 1-2015, f. & cert. ef. 1-1-15
CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14

Or. Admin. R. 413-010-0200 Purpose

These rules establish guidelines for Child Welfare staff and agents to follow to assure that the rights are maintained.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0210 Department Responsibilities

The Department through staff, contracted providers of care and other agents, will assert and protect the rights of children in the legal custody of the Department by fulfilling the following responsibilities:

(1) Developing and implementing service plans and agreements that address the needs, rights, and best interests of the child;

(2) Advocating for the child’s rights when family members, community institutions (such as school/law enforcement), or the Department administrative practices appear to encroach upon the child’s rights; and

(3) Arranging for a guardian ad litem or a court appointed special advocate to represent a child when the Department cannot freely or objectively advocate for the child’s rights.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 33-2018, minor correction filed 04/16/2018, effective 04/16/2018
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0220 Interrogation/Polygraph

When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination for a child suspected of violating the law or having knowledge of a law violation, Child Welfare staff and/or the child’s physical custodian will:

(1) Assure the officer has proper identification.

(2) Determine if the officer has a warrant. If there is a warrant, Child Welfare will assist the LEA officer insofar as such assistance does not infringe upon the child’s right to remain silent and to have legal representation present.

(3) Advise the officer that no mechanical or electronic recording may be made of the interview.

(4) If the LEA does not have a warrant, make sure:

(a) The child’s legal guardian consents to the interrogation and/or polygraph (see I-B.1.4, Responsibility of Staff to Secure a Legal Consent); and

(b) The child’s attorney, a staff person or the child’s custodian is present during the interview, and ensures that the interview is terminated if there is any indication of improper conduct on the part of the interrogator.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 34-2018, minor correction filed 04/16/2018, effective 04/16/2018
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0230 Attorney Interview

When an attorney asks to interview a child, the following shall apply:

(1) An attorney of record representing the child may interview the child privately. However, if the attorney or the child requests, a Child Welfare staff member shall be present during the interview.

(2) An adversarial attorney shall not be permitted to interview a child unless the child’s legal guardian consents to the interview and the child’s own attorney is also present.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0240 Other Interviews

When a request to interview a child is received from representatives of the Social Security Administration, Veteran’s Administration, Department of Revenue, insurance representatives, etc., staff and/or custodians will:

(1) Ensure that the requestor has proper identification;

(2) Determine if the interview is related to pending litigation or the child may be a party to or a witness to an incident related to a litigation;

(3) Determine whether or not the child should have legal counsel during the interview;

(4) Set the time and place of the interview; and

(5) Inform the interviewers that no mechanical or electronic recording will be made of the interviews.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: ORS 418.005
CWP 35-2018, minor correction filed 04/16/2018, effective 04/16/2018
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0300 Purpose

The Department recognizes the importance of preserving the family ties and relationships of a child or young adult who is placed in the legal custody of the Department. These rules, OAR 413-010-0300 to 413-010-0340, describe the rights of relatives and the responsibilities of the Department regarding involvement of a child or young adult's relatives in a child welfare case.

History

Statutory/Other Authority: ORS 109.119 & 418.005
Statutes/Other Implemented: ORS 109.119 & 418.005
CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 9-2010, f. & cert. ef. 7-1-10
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0310 Definition

Definitions for OAR 413-010-0300 to 413-010-0340 are in OAR 413-010-0000.

History

Statutory/Other Authority: ORS 109.119, 418.005 & 419A.004
Statutes/Other Implemented: ORS 109.119, 418.005 & 419A.004
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15
CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15
CWP 16-2014(Temp), f. & cert. ef. 8-4-14 thru 1-31-15
CWP 11-2014, f. & cert. ef. 6-3-14
CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 9-2010, f. & cert. ef. 7-1-10
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0320 Relative Involvement in Case Planning and Court Hearings

(1) The Department may involve a relative as a safety service provider after the assessment that determines the individual is a safe and appropriate resource for involvement in managing a child's safety as required under Child Welfare Policy I-AB.7, "Assessment of an Individual as a Safety Service Provider", OAR 413-015-1200 to 413-015-1230.

(2) The Department must consider a family decision-making meeting as described in ORS 417.365 and when the family decision-making meeting is held, the Department may include any family member as defined in ORS 417.371(4)(a) or relative in this meeting under Child Welfare Policy I-B.3.1, "Developing and Managing the Case Plan", OAR 413-040-0008.

(3) The Department must provide notice of a court hearing to:

(a) A relative who is currently providing substitute care for a child in the legal custody of the Department pursuant to juvenile court jurisdiction as set forth in ORS 419B.875(6); and

(b) A grandparent of a child or young adult in the Department's custody, as required by ORS 419B.875(7). For purposes of this subsection, "grandparent" means the legal parent of the child or young adult's legal parent, as defined in ORS 109.119.

(4) A relative who expresses to the Department an interest in a child has a right to provide information about the child's background and to provide input on the safety, attachment, and permanency needs of the child.

(5) Unless an exception to contact is provided by the Child Welfare Program Manager or designee under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0072(1) or an order of a court, under 42 USC 671(a)(29) the Department must provide notice, within 30 calendar days after the removal of a child from the custody of the parent or parents of the child, to all grandparents and other adult relatives of the child known to the Department, that complies with all of the following subsections:

(a) Specifies that the child has been or is being removed from the custody of the parent or parents of the child;

(b) Explains options under federal and state law to participate in the care and placement of the child;

(c) Describes the requirements the individual must meet to become a relative resource parent and the services and supports available for a child placed with a relative resource parent under federal and state law; and

(d) Describes the eligibility criteria for and availability of Guardianship Assistance benefits when all Guardianship Assistance eligibility criteria are met under Child Welfare Policy I-E.3.6.2, "Guardianship Assistance", OAR 413-070-0900 to 413-070-0974.

(6) An exception to contact by the Child Welfare Program Manager or designee under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0072(1) does not relieve the Department of its obligation to provide notice of court hearings to grandparents under subsection (3)(b) of this rule.

History

Statutory/Other Authority: ORS 109.119 - 109.123, ORS 417.365, ORS 417.371, ORS 418.005, ORS 419B.875 & ORS 409.050
Statutes/Other Implemented: ORS 109.119-109.123, ORS 417.365, ORS 417.371, ORS 418.005 & ORS 419B.875
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 9-2010, f. & cert. ef. 7-1-10
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0330 Communication and Visitation

A relative has the right to communicate and visit with a child or young adult in the Department's legal custody when such communication or contact is set forth in:

(1) The child or young adult's visit and contact plan developed under OAR 413-070-0800 to 413-070-0880;

(2) The opportunities for ongoing connection and support developed under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087 and approved by the caseworker; or

(3) An order of a court.

History

Statutory/Other Authority: ORS 109.119 & ORS 418.005
Statutes/Other Implemented: ORS 109.119 & ORS 418.005
CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025
CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 9-2010, f. & cert. ef. 7-1-10
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0340 Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives

The Department must:

(1) Make diligent efforts to place a child or young adult in substitute care with a relative or person who has a caregiver relationship, as defined in ORS 419B.116, to the child pursuant to 419B.192(1).

(2) Make diligent efforts to place a child or young adult in substitute care with siblings so long as placement with the siblings is in the best interests of the child or young adult and the child or young adult's siblings pursuant to ORS 419B.192(2).

(3) In making the diligent efforts described in sections (1) and (2) of this rule, the Department must consider the factors set forth in ORS 419B.192(3) and follow the assessment process described in Child Welfare Policies I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087 and II-B.1.1, "Responsibilities for Certification and Supervision of Resource Parents, Relative Resource Parent and Approval of Potential Adoptive Resources", OAR 413-200-0270 to 413-200-0296.

History

Statutory/Other Authority: ORS 109.119, ORS 418.005, ORS 419B.116, ORS 419B.192 & ORS 409.050
Statutes/Other Implemented: ORS 109.119, ORS 418.005, ORS 419B.116 & ORS 419B.192
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14
CWP 9-2010, f. & cert. ef. 7-1-10
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0400 Purpose

The purpose of OAR 413-030-0400 to 413-030-0460 is to describe the responsibilities of the Department for comprehensive transition planning with and providing services to a child or young adult to:

(1) Obtain personal and emotional support and promote healthy relationships that can be maintained into adulthood;

(2) Develop the personal life management skills necessary to function independently;

(3) Receive education, training, and services necessary to lead to employment;

(4) Attain academic or vocational education and prepare for post-secondary education or training;

(5) Gain experience in taking responsibility and exercising decision-making control; and

(6) Transition to successful adulthood.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005, 418.475, 419B.343 & 419B.476(3)
CWP 2-2016, f. & cert. ef. 2-1-16
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0410 Definitions

Definitions for OAR 413-010-0400 to 413-010-0480 are in OAR 413-010-0000.

History

Statutory/Other Authority: ORS 409.194 & 418.005
Statutes/Other Implemented: ORS 409.192 & 418.005
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0420 Right to Review

(1) An individual may receive a review of any action or decision of Child Welfare.

(2) In addition to the review provided under section (1) of this rule, a contract provider (413-010-0000) may receive a review of any action or decision of Child Welfare that violates a condition or term of the contract or agreement.

(3) When a client or family member of a client notifies the Department that the client or family member has a complaint, the client or family member will be assisted in setting a meeting with a caseworker and the caseworker's supervisor (see DHS Form 0170, section about Resolving Complaints Informally).

(4) An individual or contract provider may file a written complaint or report of discrimination by completing DHS Form 0170. The complaint or report of discrimination may be sent to the Governor's Advocacy Office, 500 Summer Street NE, Salem, or submitted as provided on DHS Form 0170.

(a) When an individual or contract provider submits a written customer service complaint (defined in OAR 407-005-0105), Child Welfare will follow the procedures set out in 407-005-0100 to 407-005-0120.

(b) When a client submits a report of discrimination arising from their disability, the formal complaint review must comply with OAR 407-005-0030.

(c) When a client with a disability requests a reasonable modification (see OAR 407-005-0025) or requests auxiliary aids, auxiliary services, or alternative format communication (see 407-005-0005 and 407-005-0010), the initial decision must comply with 407-005-0000 to 407-005-0030 and Department Policy DHS-010-0005, "Non Discrimination on the Basis of Disability for Programs, Services and Activities."

(d) When an individual or contract provider submits a written complaint, which does not fall within subsections (a) to (c) of this section, Child Welfare will follow the procedures set out in Department Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination".

(5) No individual or contract provider shall be subjected to a reprisal for seeking review of a complaint.

(6) The complaint review shall be administered in a manner that protects the confidentiality of client records to the extent prescribed by OAR 413-010-0010 to 413-010-0075.

(7) If an individual or contract provider or any agent of the individual or contract provider chooses to disclose their version of case information to the media or community members who would otherwise not be involved, the local Child Welfare Program Manager must consult Administrative Procedure DHS-120-003-01, "Sensitive Issues" and may, as allowed by OAR 413-010-0010 to 413-010-0075, disclose information from the case record that is not third-party information to respond to the statements of the individual or contract provider by providing the Department's understanding of the facts.

(a) Third-party information includes but is not limited to psychological and psychiatric evaluations, police reports, references, alcohol and drug evaluations or reports, and reports from mental health professionals.

(b) Third-party information may be disclosed only if the individual or contract provider has signed a release of information, and the third-party that provided the confidential information has approved the disclosure.

(8) At any time, the parties may agree to resolve the complaint through an alternative dispute resolution procedure.

History

Statutory/Other Authority: ORS 409.194, ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.192 & ORS 418.005
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0430 Grievances Not Subject to These Rules

(1) Except as provided in section (2) of this rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these rules (413-010-0400 to 413-010-0480) are not required in each of the following situations:

(a) The individual or contract provider has requested a contested case hearing.

(b) The matter, which would be the subject of the complaint review, is presently the subject of a juvenile court proceeding.

(d) The subject matter of the complaint has been reviewed by a judge.

(e) A term or condition in a contract provider's contract or agreement provides for a different process.

(f) The complainant has requested review of a Child Protective Services (CPS) disposition, under OAR 413-010-0700 to 413-010-0750 (Review of Founded Dispositions), that is the subject matter of the complaint.

(g) The complainant has requested review of an Adoption Committee Decision, under OAR 413-120-0060 (Review of Adoption Committee Decision), that is the subject matter of the complaint.

(2) A complaint about a "reasonable modification" (see OAR 407-005-0005(10)) or a report of discrimination arising from the disability of a client (see 407-005-0005(6)) is handled as described in these rules, in 407-005-0025 and 407-005-0030, and in Department Policy DHS-010-0005, "Non-Discrimination on the Basis of Disability for Programs, Services and Activities."

History

Statutory/Other Authority: ORS 409.194 & 418.005
Statutes/Other Implemented: ORS 409.192 & 418.005
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0440 Informal Complaint Review

(1) A client, family member of a client, or contract provider may request an informal complaint review if no written complaint is submitted and the client, family member, or contract provider informs the caseworker or the caseworker's supervisor of the request.

(2) Within one week of the caseworker or caseworker's supervisor receiving the request for an informal complaint review, the client, family member, or contract provider will be contacted to schedule a meeting at an agreed-upon time involving the caseworker, the supervisor, and the client, family member, or contract provider. The focus will be defining the problem, identifying the desired outcome, and establishing a plan for resolution. Every effort will be made to resolve the complaint through this informal discussion.

(3) If the matter has not been resolved and the Child Welfare Program Manager did not participate in the informal complaint review, the Child Welfare Program Manager must participate in an additional discussion with the client or contract provider to attempt to resolve it. This discussion will be scheduled as soon as possible at a mutually agreed-upon time.

(4) If the client, family member, or contract provider remains dissatisfied following discussion with the Child Welfare Program Manager, the program manager will give the client or contract provider a written decision regarding the subject of the complaint within five working days. If OAR 413-010-0430 does not make the matter ineligible for review, the written decision shall include information about the steps necessary to file a written complaint or report of discrimination (Form DHS 0170 and Department Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination").

History

Statutory/Other Authority: ORS 409.194, ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.192 & ORS 418.005
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0480 Judicial Review

These rules (OAR 413-010-0400 to 413-010-0480) do not create a contested case, as defined by ORS 183.310, subject to judicial review under 183.482.

History

Statutory/Other Authority: ORS 409.194 & 418.005
Statutes/Other Implemented: ORS 409.192 & 418.005
CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-010-0500 Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time

(1) The purpose of these rules (OAR 413-010-0500 to 413-010-0535) is to:

(a) State the rights of individuals and entities to request a contested case hearing when the Department takes certain actions; and

(b) Set forth rules governing some aspects of the contested case hearings process.

(2) The individuals and entities described below have the right to request a contested case hearing under ORS Chapter 183. In order to exercise the right to a hearing, the individual or entity must submit and the Department must receive a hearing request which complies with OAR 413-010-0505 within the timeframes described in that rule.

(a) A child or young adult placed in substitute care by the Department may request a hearing in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights that:

(A) Reduces or terminates the base rate payment;

(B) Determines, denies, reduces or terminates a level of care payment;

(D) Denies eligibility under Title IV-E of the Social Security Act when such denial impacts a benefit;

(E) Denies, reduces or terminates the base rate payment made on behalf of the child's or young adult's minor child when the minor child:

(i) Lives with the child or young adult in substitute care; and

(ii) Is not in the legal custody of the Department.

(F) Denies eligibility for medical assistance under Child Welfare Policy I-E.6.2, "Title XIX and General Assistance Medical Eligibility," (OAR 413-100-0400 through 413-100-0610) when such denial impacts assistance.

(G) Denies prior authorization for the BRS Program under Child Welfare Policy I-E.5.1.1.1, "Behavior Rehabilitation Services Program," (OAR 413-090-0075(2)(b)).

(b) Unless an adoption assistance agreement automatically expires, a pre-adoptive family or an adoptive family applying for or receiving adoption assistance under Child Welfare Policy I-G.3.1, "Adoption Assistance," (OAR 413-130-0000 to 413-130-0130) may request a hearing in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E adoption assistance benefits;

(B) Denies adoption assistance from state funds;

(C) Reduces adoption assistance payments or terminates adoption assistance without the concurrence of the adoptive family;

(D) Reduces adoption assistance payments or terminates adoption assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(E) Offers the family a specific amount or type of adoption assistance when the Department and the adoptive family or pre-adoptive family are unable to reach agreement through a negotiation or renegotiation under OAR 413-130-0070 or 413-130-0075.

(c) Unless a guardianship assistance agreement automatically expires, a potential guardian or a guardian applying for or receiving guardianship assistance payments under Child Welfare Policy I-E.3.6.2, "Guardianship Assistance," (OAR 413-070-0900 to 413-070-0974) in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E guardianship assistance benefits;

(B) Terminates, reduces, or otherwise changes guardianship assistance payments without the concurrence of the guardian;

(C) Terminates guardianship assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(D) Offers the family a specific amount or type of guardianship assistance when the Department and the guardian or potential guardian are unable to reach agreement through a negotiation or renegotiation under OAR 413-070-0917, 413-070-0939, or 413-070-0969.

(d) An applicant for a Certificate of Approval or a certified family may request a hearing in the manner set forth in OAR 413-010-0505 when the Department denies the application or revokes a certificate under Child Welfare Policy II-B.1, "Standards for Certification of Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources," (OAR 413-200-0301 to 413-200-0396).

(e) An applicant for a license to operate a child-caring agency or a licensee may request a hearing in the manner set forth in OAR 413-215-0121 when the Department denies, suspends, revokes, or places conditions on a license or imposes a civil penalty.

(f) An applicant to adopt or an applicant for a Certificate of Approval may request a hearing in the manner set forth in OAR 413-010-0500 when the Department determines that the applicant is unfit based on the criminal offender information or a false statement regarding criminal offender information of the applicant or of another individual in the household of the applicant under Child Welfare Policy I-G.1.4, "Criminal Records Check Requirements for Relative Caregivers, Foster Parents, Adoptive Resources, and Other Persons in the Household," (OAR 413-208-0000 to OAR 413-208-0035).

(3) A person may request a hearing in the manner set forth in OAR 413-010-0505 when that person has the right to a contested case hearing under a statute concerning Child Welfare Programs or a rule in Chapter 413.

(4) These rules (OAR 413-010-0500 to 413-010-0535), apply to contested cases arising from the properly made hearings requests described in sections (2) and (3) of this rule. The following other rules do or do not apply as noted:

(a) OAR 137-003-0501 to 137-003-0700 apply to these contested cases, except to the extent that rules in Chapter 413 are permitted to and provide otherwise.

(b) Rules in Chapter 461 do not apply to these contested cases unless a rule in Chapter 413 expressly refers to them.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 183.411 - 183.685 & ORS 411.095
CWP 37-2026, minor correction filed 02/25/2026, effective 02/25/2026
CWP 36-2018, minor correction filed 04/16/2018, effective 04/16/2018
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14
CWP 6-2012, f. & cert. ef. 9-7-12
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
SOSCF 32-2001, f. 6-29-01 cert. ef. 7-1-01

Or. Admin. R. 413-010-0502 Representation

(1) When a child or young adult has the right to a hearing because the Department takes an action under OAR 413-010-0500(2)(a), the foster parent or relative caregiver may:

(a) Request a hearing on behalf of the child or young adult; and

(b) Participate in the hearing as a representative on behalf of the child or young adult.

(2) When the Department takes an action to deny, reduce, or terminate a benefit or service that is provided under Title IV-E or Title XIX of the Social Security Act, a party that is not an entity may be represented by an attorney, a relative, a friend, or other spokesperson as authorized by federal law.

(3) In all other cases, a party may represent themselves or be represented by an attorney.

(4) The Department, with the consent of the Attorney General, has authorized its employees to represent the Department in cases involving the actions described in OAR 413-010-0500(2)(a).

(5) A Department employee acting as the Department's representative may not make legal argument on behalf of the Department.

(a) "Legal argument" includes argument on:

(A) The jurisdiction of the Department to hear the contested case;

(B) The constitutionality of a statute or administrative rule or the application of a constitutional requirement to the Department; and

(b) "Legal argument" does not include presentation of a motion, evidence, examination and cross-examination of a witness, or presentation of a factual argument or arguments on:

(A) The application of a statute or administrative rule to the facts in the contested case;

(B) Comparison of a prior Department action when handling a similar situation;

(D) The admissibility of evidence; and

(E) The correctness of a procedure being followed in the contested case hearing.

(6) The Department may be represented in any contested case proceeding by the Department of Justice.

(7) Contested cases under these rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the consent of each party and the Department.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11

Or. Admin. R. 413-010-0505 Hearing Requests

(1) To request a hearing under OAR 413-010-0500(2)(a):

(a) The party or the party's representative must complete and sign a hearing request form approved by the Department; and

(b) The form must be received by the Department not later than 30 days following the mailing date or date of personal delivery of the notice.

(2) Requests for a hearing under OAR 413-010-0500(2)(b)-(d) and (f)-(g) must be in writing and must be postmarked or received by the Department by the date specified in the Department's notice or the applicable rule setting a hearing request deadline, whichever is later.

(3) In the event a request for a hearing is not timely, OAR 137-003-0528 applies, except to the extent provided otherwise in section (5) of this rule.

(4) If a contested case notice was sent by regular mail, and the party or party's representative indicates that neither the party nor the party's representative received or had actual knowledge of the contested case notice, the Department must advise the party or party's representative of the right to request a hearing under section (5) of this rule.

(5) When the Department receives a hearing request that is not filed within the timeframe required by section (1) or section (2) of this rule but is filed no later than 60 days after a notice becomes a final order under OAR 413-010-0510(3):

(a) If the Department finds that the party and party's representative did not receive the written notice and did not have actual knowledge of the notice, the Department refers the request for a hearing to the Office of Administrative Hearings (OAH) for a contested case hearing on the merits of the Department's action described in the notice.

(b) The Department may refer the request for a hearing to the OAH for a contested case proceeding to determine whether the party or party's representative received the written notice or had actual knowledge of the notice. At the hearing, the Department must show that the party or party's representative had actual knowledge of the notice or that the Department mailed the notice to the correct address of the party or party's representative.

(6) Upon receipt of a hearing request that is not described in OAR 413-010-0500(2), the Department may enter an order that the hearing request is not eligible for referral to OAH. Alternately, the Department may refer a hearing request to OAH for a decision on the question of whether there is a right to a contested case hearing.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, ORS 411.095, ORS 411.103 & ORS 418.005
CWP 37-2018, minor correction filed 04/16/2018, effective 04/16/2018
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0510 Notice

(1) When the Department takes any of the actions described in OAR 413-010-0500(2), the Department issues a written notice to the person that has the right to a contested case hearing.

(2) When the Department takes any of the actions described in OAR 413-010-0500(2)(a)-(c), the written notice must:

(a) Specify the date the notice is mailed or personally delivered;

(b) Specify the action the Department intends to take and the effective date of the action. If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or other mass change under a program operated by a federal agency or to reflect a mass change to payments in another program operated by the Department, it is sufficient to meet this requirement that the notice state all of the following:

(A) The general nature of the change.

(B) Examples of how the change affects the benefits of the group of affected clients.

(c) Specify the circumstances under which payments or benefits are continued if a hearing is requested and whether continued payments or benefits may be subject to recovery by the Department if the Department's action is upheld; and

(d) If the Department intends to terminate benefits or payments because the individual is ineligible for the benefits or payments or the program is terminated, state that the individual may reapply for assistance if circumstances affecting the eligibility of the individual change.

(3) Department notices indicate that the Department designates the record of the proceeding, including information in the Department's file or files and materials added by a party, as the record upon default. When the Department issues a notice to which OAR 137-003-0672 applies, unless another rule in OAR chapter 413 provides otherwise, the Department's notice becomes a final order:

(a) The day after the date prescribed in the notice as the deadline for requesting the hearing if the party fails to request a hearing; or

(b) The day the Department or OAH mails an order dismissing the hearing request because the party withdraws the request or fails to appear on the date and at the time set for the hearing.

(4) When the Department terminates or reduces benefits or services under subsections (2)(a) through (2)(c) of OAR 413-010-0500, the Department must send the notice:

(a) At least 10 calendar days before the effective date of the action, except as provided in subsection (b) of this section.

(b) When the Department changes a benefit standard that results in the reduction, suspension or closure of a grant of public assistance:

(A) At least 30 days before the effective date of the action; or

(B) At least 10 working days before the effective date of the action when the Department has fewer than 60 days before the effective date to implement the proposed change.

(c) For purposes of this rule, the term "changes a benefit standard" means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0515 Continuation of Benefits

(1) Except as otherwise provided in this rule, a recipient of benefits is entitled to receive continuing benefits when the Department takes any action to suspend, reduce, or terminate benefits or services as described in subsections (2)(a)(A)–(F), (2)(b), or (2)(c) of OAR 413-010-0500, and the Department has:

(a) Provided at least 10 days notice of such action as required by OAR 413-010-0510;

(b) Received a request for a hearing from the recipient not later than 30 days following the mailing date or date of personal delivery of the notice, whichever is earlier; and

(2) Any continuing benefits authorized by this rule are subject to recovery by the Department to the extent that the Department's action is sustained or otherwise upheld.

(3) Continuing benefits may not be provided:

(a) When the recipient specifically requests that he or she not receive continued assistance pending a hearing decision;

(b) After a final order is issued by the Department;

(c) After a change affecting the recipient's grant, as described in subsections (2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR 413-010-0500, occurs while the hearing decision is pending and the recipient fails to request a hearing after notice of the change; or

(d) After a determination is made at a hearing that the sole issue is one of state or federal law or policy or change in state or federal law and not one of incorrect grant computation.

(4) Except as otherwise provided in this rule, if the Department provides less than 10 days notice of an action to suspend, reduce, or terminate benefits or services as described in subsections (2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR 413-010-0500, a recipient of benefits is entitled to receive continuing benefits if the Department:

(a) Receives a request for a hearing from the recipient within 10 days of the mailing of the notice of the action; and

(b) Determines that the action resulted from other than the application of federal or state law or policy or a change in state or federal law.

(5) Except as otherwise provided in this rule, if the Department provides less than 10 days notice of an action to suspend, reduce, or terminate benefits or services as described in subsection (2)(a)(C) or (F) of OAR 413-010-0500, or 5 days notice in cases of probable fraud as described in 42 CFR 431.214, a recipient of benefits is entitled to receive continuing benefits if the Department:

(a) Receives a request for a hearing from the recipient within 10 days of the mailing of the notice of the action; and

(b) Determines that the action resulted from other than the application of federal or state law or policy.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0520 Informal Conference

(1) The Department representative and the party or party's representative may have an informal conference to discuss any of the matters listed in OAR 137-003-0575(4). The informal conference also may be used to:

(a) Provide an opportunity for the Department and the party to settle the matter;

(b) Ensure the party understands the reason for the action that is the subject of the hearing request;

(d) Give the party an opportunity to review the rules that support the Department's action;

(e) Give the party and the Department the chance to correct any misunderstanding of the facts; and

(f) Give the Department an opportunity to review its action.

(2) The party may, at any time prior to the hearing date, request an additional informal conference with the Department representative.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0525 Burden of Proof

In any contested case covered by these rules (OAR 413-010-0500 to 413-010-0535):

(1) The Department has the burden of proof for the revocation of a certificate of approval, the suspension or revocation of a license, or the imposition of a civil penalty.

(2) In cases not covered by section (1) of this rule, the party has the burden of proof.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0530 Withdrawals and Dismissals

(1) Withdrawals.

(a) A party or party's representative may withdraw a request for a hearing orally or in writing at any time before a final order has been issued on the contested case.

(b) Following a withdrawal under subsection (a) of this section, the Department or OAH sends an order dismissing the hearing request to the party's last known address. The party may cancel the withdrawal if a request to cancel the withdrawal is received by the Department representative up to the tenth work day following the date such an order is sent. If the party withdrew the hearing request in writing, the Department must receive a timely written request to cancel the withdrawal.

(A) The Department provides to the party the relief sought; or

(B) The Department and the party reach an agreement under ORS 183.417(3).

(2) Dismissals. An order dismissing a hearing request is issued when the party or the party's representative does not appear at the time and place specified for the hearing.

(a) The dismissal by order is effective on the date the order is issued.

(b) The Department may reconsider and cancel the dismissal under OAR 137-003-0675 on request of the party on a timely showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond party's reasonable control. The Department may refer the reconsideration decision to OAH.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0535 Proposed and Final Orders

(1) When the Department refers a contested case under these rules (OAR 413-010-0500 to 413-010-0535) to OAH, the Department indicates on the referral whether the Department is authorizing:

(a) A proposed order;

(b) A proposed and final order (OAR 137-003-0645(4); or

(2) During or after a contested case hearing, when it is determined that the correct application of OAR 413-020-0230, 413-090-0133, or 413-090-0150 requires the consideration of facts that differ from the facts on which the Department made a decision to deny, reduce, or terminate either a level of care payment or a level of personal care payment, the Department will reapply OAR 413-020-0230, 413-090-0133, or 413-090-0150 based on new or different facts.

(3) When the Department authorizes either a proposed order or a proposed and final order:

(a) The party may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be received at the location indicated in the order, and postmarked or received not later than the tenth day after service of the proposed order or proposed and final order.

(b) If the party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the eleventh day after service of the proposed and final order unless the Department has issued a revised order or has notified the parties and the administrative law judge that the Department will issue the final order.

(c) When the Department receives timely exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655.

(4) A request by a party for reconsideration or rehearing must be filed with the person who signed the final order within the time limits of OAR 137-003-0675.

(5) A final order should be issued or the case otherwise resolved no later than 90 days following the receipt of the request for a hearing.

(6) A final order is effective immediately upon being signed or as otherwise provided in the order.

(7) The Department reserves the right to withdraw or amend any final order issued by OAH or the Department at any time permitted by law.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 183.411 - 183.685, 411.095 & 418.005
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 20-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 413-010-0700 Purpose

(1) The purpose of these rules (OAR 413-010-0700 to 413-010-0750) is to establish procedures for ensuring the rights of individuals to receive notice and the opportunity to request a review when a Child Protective Services (CPS) assessment results in a CPS founded disposition.

(2) The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires child protective service agencies to provide notice to individuals identified as responsible for child abuse and to provide individuals with an opportunity to request and have a review of the disposition.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 26-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0705 Definitions

Definitions for OAR 413-010-0700 to 413-010-0750 are in OAR 413-010-0000.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 25-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 13-2015, f. & cert. ef. 8-4-15
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 9-2001, f. 6-29-01, cert. ef. 7-1-01
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0710 Required Forms

Several Department forms are referred to by form number in these rules. The forms are available at the Department's website. When use of a form is required by these rules, the current version of the form must be used.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 24-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05

Or. Admin. R. 413-010-0714 Notice and Review when the Perpetrator is a Department Employee

When the perpetrator is a Department employee, the Department will follow the Child Welfare Procedure Manual for notice and review outlined in “CPS Assessment and Founded CPS Disposition Review for Department Employees".

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 23-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0715 Providing Notice of a CPS Founded Disposition

(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.

(2) A "Notice of a CPS Founded Disposition" (Form CF 313) is not required if:

(a) The CPS founded disposition was made prior to August 4, 2000. Notice will be given on CPS founded dispositions made prior to August 4, 2000 as provided in OAR 413 010-0717.

(b) Domestic violence has been identified and if providing the notice would increase the risk of harm to a child, adult victim, or Department employee. This exception may only be made with Department management approval based on documentation of risk.

(3) Notifications made in section (1) of this rule must be documented in the Child Welfare electronic information system within five business days of the supervisory approval of the CPS assessment . The documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(d) A copy of the original “Notice of a CPS Founded Disposition” (Form CF 313) delivered to the perpetrator saved in the Child Welfare electronic information system.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 22-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0716 Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile

(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.

(2) If the juvenile is in the legal custody of the Department or the Oregon Youth Authority, the notice must be sent to both of the following:

(a) The juvenile's attorney; and

(b) The juvenile's parent, unless there is cause to believe such communication will be detrimental to the juvenile (see OAR 413-020-0170(3)(c)).

(3) If the juvenile is in the legal custody of the Department and is unrepresented, the Department will ask the juvenile court to appoint an attorney for the juvenile.

(4) The "Notice of a CPS Founded Disposition" (Form CF 313) must be delivered by certified mail, restricted delivery, with a return receipt requested to the last known address of each mandatory recipient identified in sections (1) and (2) of this rule.

(5) Any other notices or documents that must be provided to perpetrators pursuant to these rules must be delivered to the appropriate persons as outlined in this rule if the perpetrator is a juvenile.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 419.370
CWP 21-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0717 Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000

(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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 20-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0718 Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice

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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 19-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0720 Information Included in the "Notice of a CPS Founded Disposition" (Form CF 313)

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 18-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 118-2018, amend filed 11/29/2018, effective 11/29/2018
CWP 106-2018, temporary amend filed 09/12/2018, effective 09/12/2018 through 03/10/2019
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0721 Making a Request for a Review of a CPS Founded Disposition

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 17-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0722 Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317)

(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 Department 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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 41-2026, minor correction filed 03/02/2026, effective 03/02/2026
CWP 16-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0723 Providing a Notice of Legal Finding (Form CF 318)

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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 15-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0724 Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 14-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, adopt filed 01/04/2021, effective 01/04/2021

Or. Admin. R. 413-010-0732 Local Child Welfare Office Responsibilities Related to Notices and Reviews

(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.

(3) The Child Welfare supervisor in each local Child Welfare office or designee must maintain a comprehensive record of the reviews completed by the local Child Welfare office on CPS founded dispositions arising out of the local Child Welfare office to which the supervisor is assigned. The record must include the date, case number, date the CPS assessment was completed, and the decision for each review completed by the local Child Welfare office.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 13-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0735 Local Child Welfare Office Review of CPS Founded Dispositions

(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;

(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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 12-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0738 Notice of Local Child Welfare Office CPS Founded Disposition Review Decision

(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;

(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.

(3) The local Child Welfare office must place the request for review and a copy of the "Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) in the child welfare case file. A change may not be made in the existing written child welfare case file except to add the determinations.

(4) The Department must send the "Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) by certified mail, restricted delivery, with a return receipt requested, to the person requesting review within 30 days of the request for review.

(5) When as a result of a Local Child Welfare Office CPS Founded Disposition Review, a decision is made to change a CPS founded disposition, the Child Welfare supervisor or designee must assure the revised disposition is reflected in the Department's information system. The Child Welfare supervisor or designee forwards the necessary information (Form CF 322) to the appropriate organizational unit to make changes in the Department's Electronic Information System.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 4-2024, minor correction filed 02/28/2024, effective 02/28/2024
CWP 11-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0740 Requesting a Central Office Review

(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.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 10-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0743 Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 9-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0745 Central Office Review of CPS Founded Dispositions

(1) Central Office must conduct a review and issue a "Notice of Central Office CPS Founded Disposition Review Decision" (Form CF 315) within 60 days from the date Central Office receives a request for a review.

(2) The Central Office CPS Founded Disposition Review must occur as follows:

(a) The CPS program office schedules a review of the CPS founded disposition when a written request for review and case file information is received from the local Child Welfare office.

(b) 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.

(c) 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.

(d) The following must be considered by the Central Office CPS Founded Disposition Review Committee members and the Central Office Safety 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;

(D) Whether there is reasonable cause to believe that the type of abuse is correctly identified in the assessment.

(e) The Central 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 makes their respective recommendation known to the Central Office Safety Program Manager or designee.

(f) The Central Office Safety 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 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.

(g) The decision and the basis for the decision must be documented.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 8-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 38-2018, minor correction filed 04/16/2018, effective 04/16/2018
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0746 Notice of Central Office CPS Founded Disposition Review Decision

(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;

(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.

(2) A "Notice of Central Office CPS Founded Disposition Review Decision" (Form CF 315) is sent to the person requesting review, the local Child Welfare office for filing in the child welfare case record, the CPS worker, and the supervisor involved in the initial CPS assessment and determination of disposition.

(3) The CPS Program Office maintains a comprehensive record of the reviews of CPS founded dispositions conducted by Central Office. The record includes the date of the review, case number, sequence number, a copy of the materials used in the review and the decision that resulted from the review for each review conducted by Central Office.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 7-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Or. Admin. R. 413-010-0748 Review Initiated by the Department

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 59-2026, amend filed 06/01/2026, effective 06/01/2026
CWP 38-2026, temporary amend filed 02/25/2026, effective 03/01/2026 through 08/27/2026
CWP 6-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 16-2004, f. & cert. ef. 10-1-04
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04

Or. Admin. R. 413-010-0750 Revising Founded Abuse Dispositions in the Department's Electronic Information System

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 3-2024, minor correction filed 02/28/2024, effective 02/28/2024
CWP 5-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 2-2012, f. & cert. ef. 4-4-12
CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12
CWP 2-2005, f. & cert. ef. 2-1-05
CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04
CWP 1-2003, f. & cert. ef. 1-7-03
SOSCF 18-2000, f. & cert. ef. 8-4-00

Division 15 INTRODUCTION TO CPS RULES

Or. Admin. R. 413-015-0100 Child Protective Service Authority and Responsibility

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.

History

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
CWP 67-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 18-2022, minor correction filed 08/01/2022, effective 08/01/2022
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 38-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 59-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 2-2008, f. & cert. ef. 4-1-08
CWP 22-2007(Temp), f. & cert. ef. 12-3-07 thru 4-11-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0105 Purpose of Child Protective Services

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.

History

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
CWP 66-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 60-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0115 Definitions

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 475C.009, 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).

(b) For purposes of screening a report of abuse of a child in care living with a resource parent or receiving services from a respite provider certified by Child Welfare , unless the abuse alleged is familial or third party abuse, " abuse " is also defined as:

(A) Abandonment, including desertion or willful forsaking of a child in care,or the withdrawal or neglect of duties and obligations owed a child in care by a resource parent or respite provider certified by Child Welfare, a caregiver , or other person.

(B) Financial exploitation.

(i) Financial exploitation includes:

(I) Wrongfully taking the assets, funds, or property belonging to or intended for the use of a child in care.

(II) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys or property of the child in care if the child in care would reasonably believe that the threat conveyed would be carried out.

(III) Misappropriating, misusing, or transferring without authorization any moneys from any account held jointly or singly by a child in care.

(IV) Failing to use the income or assets of a child in care effectively for the support and maintenance of the child in care.

(ii) Financial exploitation does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of privileges.

(C) Involuntary seclusion. Involuntary seclusion means confinement of a child in care alone in a room or an enclosed space from which the child in care is prevented from leaving by any means. A resource parent or respite provider certified by Child Welfare may not put a child in care into involuntary seclusion.

(i) Involuntary seclusion includes:

(I) Involuntary seclusion of a child in care for the convenience of a resource parent or respite provider certified by Child Welfare.

(II) Involuntary seclusion of a child in care to discipline the child in care.

(III) Involuntary seclusion of a child in care as a form of punishment.

(IV) Involuntary seclusion of a child in care done in retaliation.

(ii) Involuntary seclusion does not include age-appropriate discipline, including, but not limited to, a time-out if the time-out is in a setting from which the child in care is not prevented from leaving by any means.

(D) Neglect, which includes:

(i) Failure to provide the care, supervision, or services necessary to maintain the physical and mental health of a child in care; or

(ii) The failure of a resource parent or respite provider certified by Child Welfare, a caregiver , or other person to make a reasonable effort to protect a child in care from abuse .

(E) Physical abuse , which includes:

(i) Any physical injury to a child in care caused by other than accidental means, or that appears to conflict with the explanation given of the injury; or

(ii) Willful infliction of physical pain or injury upon a child in care .

(F) Sexual abuse , which includes:

(i) Sexual harassment, sexual exploitation as described in ORS 419B.005(1)(a)(E), or inappropriate exposure to sexually explicit material or language;

(ii) Any sexual contact between a child in care and a resource parent or respite provider certified by Child Welfare , a caregiver , or other person responsible for the provision of care or services to a child in care ;

(iii) Any sexual contact between a person and a child in care that is unlawful under ORS chapter 163 and not subject to a defense under that chapter; or

(iv) Any sexual contact that is achieved through force, trickery, threat, or coercion.

(v) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.467, or 163.525.

(G) Verbal abuse .

(i) Verbal abuse includes threatening severe harm , either physical or emotional, to a child in care, through the use of:

(I) Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or

(II) Harassment, coercion, threats, compelling or deterring conduct by threats, humiliation, mental cruelty, or inappropriate sexual comments.

(ii) Verbal abuse does not include age-appropriate discipline that may involve the threat to withhold privileges.

(H) Wrongful use of restraint. A resource parent or respite provider certified by the Child Welfare may not use a restraint on a child in care.

(i) Wrongful restraints do not include:

(I) Holding the child in care’s hand or arm to escort the child in care safely and without the use of force from one area to another; or

(II) Assisting the child in care to complete a task if the child in care does not resist the physical contact;

(ii) A resource parent or respite provider certified by Child Welfare may use a physical intervention if:

(I) The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

(II) The physical intervention uses the least amount of physical force and contact possible; and

(III) The physical intervention is not a prohibited restraint, as described in ORS 418.519 and 418.523.

(2) “Alleged perpetrator” means the person alleged to be responsible for the abuse of a child .

(3) “Alleged victim” means the child alleged to have been abused by the alleged perpetrator .

(4) "Caregiver" means a guardian, legal custodian, Indian custodian, or other person acting in loco parentis, who exercises significant authority over and responsibility for a child or young adult.

(5) "Caseworker" means a Child Welfare employee assigned primary responsibility for a child served by Child Welfare.

(6) "Child" means a person who:

(a) Is a person under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257 as a person under 21 years of age residing in or receiving care or services from:

(A) A child-caring agency or proctor foster home;

(B) A foster home certified by the Department; or

(D) The care is being provided to the child by the child’s parent (ORS 418.257).

(7) "Child care" means each of the following:

(a) A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.

(b) A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.

(c) A Certified Child Care Center, which is certified to care for 13 or more children , or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single-family dwelling.

(d) A Regulated Subsidy Provider, which is a child care provider that is exempt from Office of Child Care licensing and that receives subsidy payments for child care on behalf of clients of the Department .

(e) Other facilities that are operating as a Registered Family Care Home, Certified Family Child Care Home, Certified Child Care Center, or Regulated Subsidy Provider without a certification or registration when a certification or registration is required by the Office of Child Care.

(8) "Child-caring agency" is defined in ORS 418.205 and:

(a) Means any private school, private agency, private organization or county program providing:

(A) Day treatment for children with emotional disturbances;

(B) Adoption placement services;

(D) Residential care in combination with academic education and therapeutic care, including, but not limited to treatment for emotional, behavioral or mental health disturbances;

(E) Outdoor youth programs; or

(F) Other similar care or services for children .

(b) Includes the following:

(A) A shelter-care home that is not a foster home subject to ORS 418.625 to 418.645;

(B) An independent residence facility as described in ORS 418.475;

(D) A child-caring facility as described in ORS 418.950; and

(E) A secure transportation services provider that transports or provides escort services for children on the highways of this state, along a route that begins or ends in this state as described in ORS 418.205.

(A) Residential facilities or foster care homes certified or licensed by the Department under ORS 443.400 to 443.455, 443.830 and 443.835 for children receiving developmental disability services.

(B) Any private agency or organization facilitating the provision of respite services for parents pursuant to a properly executed power of attorney under ORS 109.056. For purposes of this paragraph, "respite services" means the voluntary assumption of short-term care and control of a child under age 18 without compensation or reimbursement of expenses for the purposes of providing a parent in crisis with relief from the demands of ongoing care of the parent's child ;

(D) A shelter-care home that is a foster home subject to ORS 418.625 to 418.645; or

(E) A foster home subject to ORS 418.625 to 418.645.

(F) A facility that exclusively serves individuals 18 years of age and older; or

(G) A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.

(9) "Child protective services" (CPS) means a specialized social service program that Child Welfare provides on behalf of children who may be unsafe after a report of abuse is received.

(10) "Child Welfare" means the Oregon Department of Human Services, Child Welfare.

(11) “Confidential shelter home or safe house” means a place of temporary refuge for survivors of family, domestic, or teen dating violence and their families, subject to ORS 409.290 through 409.300.

(12) "CPS assessment" means an investigation into a report of abuse pursuant to ORS 419B.020 or ORS 418.205 - 418.327 that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and ensure safety through protective action plans, initial safety plans, or ongoing safety planning.

(13) “CPS assessment informational pamphlet” means an informational pamphlet created by the Department for use during a CPS assessment to provide a child’s parent, guardian or caregiver, an alleged perpetrator, resource parent, respite provider, or ODHS employee with a clear written explanation of the CPS assessment and court hearing process and their rights during the CPS assessment and court proceedings related to the abuse investigations (“Client Rights – Policy” I-A.1; ORS 409.185(2)(h)).

(14) "CPS supervisor" means an employee of Child Welfare trained in child protective services and designated as a supervisor.

(15) "CPS worker" means an employee of Child Welfare who has completed the mandatory Child Welfare training for CPS workers.

(16) “Coercion”, in alignment with the Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. Sec. 5101 to 5119c and ORS 163.275, includes but is not limited to:

(a) Persuading, compelling, or inducing another to engage in a behavior by physical force;

(b) Causing or threatening harm to the person;

(d) Any arrangement, plan, or pattern of behavior intended to cause a person to believe that failure to perform an act would result in serious harm to the person, another person, animal, or property; or

(e) Causing the abuse or threatening the abuse of a legal system.

(17) "Conditions for return" means a written statement of the specific behaviors, conditions, or circumstances that must exist within a child's home before a child can safely return and remain in the home with an in-home ongoing safety plan.

(18) "Department" means the Oregon Department of Human Services.

(19) "Designated medical professional" means (as described in ORS 418.747(9)) a physician, physician assistant, or nurse practitioner who has been designated by the local multi-disciplinary team and trained to conduct child abuse medical assessments (as defined in ORS 418.782), and who is — or who may designate another physician, physician assistant, or nurse practitioner who is — regularly available to conduct these medical assessments.

(20) "Domestic violence" means a pattern of coercive behavior, which can include physical, sexual, economic, and emotional abuse that an individual uses against a past or current intimate partner to gain power and control in a relationship.

(21) “Education provider” as defined in ORS 339.370 means:

(a) A school district, as defined in ORS 332.002;

(b) The Oregon School for the Deaf;

(d) A public charter school, as defined in ORS 338.005;

(e) An education service district, as defined in ORS 334.003;

(f) Any state operated program that provides educational services to kindergarten through grade 12 students; or

(g) A private school.

(22) "Face-to-face" means an in-person interaction between individuals. When the parent, guardian, or Indian custodian is an adult in custody at an Oregon Department of Corrections facility, a face-to-face contact includes virtual or video contact when in-person contact is prevented by the facility.

(23) “Family Care Plan” means a written plan for an infant with prenatal substance exposure and the infant’s family, focused on meeting health needs and substance use disorder treatment needs and developed in collaboration with the family, the healthcare provider, community agencies and Child Welfare when appropriate.

(24) “Family engagement meeting” (FEM) means a family-focused intervention facilitated by professional staff that is designed to build and strengthen the natural caregiving system for the child . The purpose of the family engagement meeting is to establish a plan that provides for the safety, attachment, and permanency needs of the child . A FEM meets the Oregon Family Decision Meeting requirements as described in ORS 417.365 to 417.375 that include extended family and rely upon the family to make decisions about planning for the children .

(25) "Former child in foster care" means a person under 21 years of age who was in substitute care at or after 16 years of age, including substitute care provided by federally recognized tribes, and had been in substitute care for at least 180 cumulative days after 14 years of age.

(26) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(27) "Harm" means any kind of impairment, damage, detriment, or injury to an alleged victim's physical, sexual, psychological, cognitive, or behavioral development or functioning. "Harm" is the result of abuse and may vary from mild to severe.

(28) “Household” means an association of persons who live in the same home or dwelling and may be related by blood, adoption, or marriage or may be unrelated persons residing in the same home or dwelling as the child .

(29) "ICWA" means the Indian Child Welfare Act.

(30) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.

(31) “Indian”, as defined in OAR 413-115-0000, means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606)

(32) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(33) “Indian custodian”, as defined in OAR 413-115-0000, means any Indian , other than the Indian child 's parent, who has custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, and control has been transferred by the Indian child's parent .

(34) "Indian tribe" or "tribe", as defined in OAR 413-115-0000, means any Indian tribe , band, nation, or other organized group or community of Indians federally recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians , including any Alaska Native village as defined in 43 U.S.C. § 1602(c).

(35) "Infant" means a child less than one year old.

(36) “Infant with prenatal substance exposure” means an infant, regardless of whether abuse is suspected, for whom prenatal substance exposure is indicated at birth. This includes any of the following circumstances:

(a) There is credible information the birthing parent used substance s during the pregnancy or at the time of birth;

(b) Prenatal substance exposure is determined by a positive toxicology screen from the infant or the birthing parent at delivery; or

(c) An infant whose health care provider has identified signs of substance withdrawal, a Fetal Alcohol Spectrum Disorder diagnosis, or detectable physical, developmental, cognitive, or emotional delay or harm associated with prenatal substance exposure.

(37) "Initial contact" means:

(a) For a CPS assessment, the first face-to-face contact between a CPS worker and a family. The "initial contact" includes face-to-face contact with the alleged victim , their siblings, parent or caregiver , and any children and adults living in the home; accessing the home environment; and gathering sufficient information on the family conditions and functioning to determine if present danger safety threats or impending danger safety threats exist.

(b) For a third party CPS assessment, the first face-to-face contact between a CPS worker and the alleged victim and the first contact between a CPS worker and the alleged victim ’s parent or caregiver . The “ initial contact ” includes gathering sufficient information about the alleged victim , their parents or caregivers , and the alleged perpetrator ’s access to the alleged victim to determine whether present danger safety threats exist.

(38) "Initial safety plan" means a documented set of actions or interventions sufficient to protect a child from an impending danger safety threat to allow for completion of the CPS assessment.

(39) "LEDS" means Law Enforcement Data System, the computerized criminal history information system maintained by the Oregon State Police.

(40) "LEDS representative" means the staff person in the local Child Welfare office who has been designated under OAR 257-015-0050(5) and who has completed the training required by the Oregon State Police to train other employees to be LEDS users.

(41) "LEDS user" means a staff person in the local Child Welfare office who has been trained by a LEDS representative and has been certified by the Oregon State Police to access LEDS information.

(42) "LEDS notice" means a written statement hand-delivered to the subject individual or sent via U.S. mail to their last known address informing the subject individual of subsections (a) and (b) of this section. "LEDS notice" does not imply consent or permission of the subject individual.

(a) Child Welfare may conduct, or has already conducted, criminal records checks.

(b) The subject individual has the right to obtain a copy of their LEDS record and challenge the accuracy of the information in the record through the Oregon State Police procedures outlined in OAR 257-010-0035.

(43) "Moderate to high needs" means observable family behaviors, conditions, or circumstances that are occurring now; and over the next year without intervention, are likely to have a negative impact on a child's physical, sexual, psychological, cognitive, or behavioral development or functioning. While intervention is not required for the child to be safe, it is reasonable to determine that short-term, targeted services could reduce or eliminate the likelihood that the negative impact will occur.

(44) "Monthly face-to-face contact" means in-person interaction between individuals at least once each and every full calendar month.

(45) "Multi-disciplinary team" (MDT) means a county child abuse investigative team as defined in ORS 418.747.

(46) "Observable" means specific, real, can be seen and described. Observable does not include suspicion or gut feeling.

(47) "ODDS" means the Office of Developmental Disabilities Services within the Department.

(48) "ODDS licensed group home" means a 24-hour residential program and setting for children and adults with intellectual or developmental disabilities.

(49) "Ongoing safety plan" means a documented set of actions or interventions that manage the safety of a child after Child Welfare has identified one or more impending danger safety threats at the conclusion of a CPS assessment or anytime during ongoing work with a family.

(50) “ORICWA” means the Oregon Indian Child Welfare Act.

(51) “OTIS” means the Office of Training, Investigations and Safety within the Department.

(52) "Out of control" means family behaviors, conditions, or circumstances that can affect safety of a child are 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.

(53) "OYA" means the Oregon Youth Authority.

(54) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child.

(55) "Personal representative" means a person who is at least 18 years of age and is selected to be present and supportive during the CPS assessment by 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 crime. The personal representative may not be a person who is a suspect in, party or witness to, the crime.

(56) "Pre-adoptive family" means an individual or individuals who:

(a) Has been selected to be a child's adoptive family; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(57) "Present danger safety threat" means an immediate, significant, and clearly observable family behavior, condition, or circumstance occurring in the present tense, already endangering or threatening to endanger a child . The family behavior, condition, or circumstance is happening now and it is currently in the process of actively placing a child in peril.

(58) "Proctor foster home" means a foster home certified by a child-caring agency that is not subject to ORS 418.625 to 418.470.

(59) "Protective action plan" means:

(a) When planning for a child , an immediate, same day, short-term plan, lasting a maximum of ten calendar days, sufficient to protect a child from a present danger safety threat; or

(b) When planning for an Indian child , an immediate, same day, short-term plan, lasting a maximum of ten calendar days, sufficient to protect an Indian child from imminent physical damage or harm without removing the Indian child from either parent or Indian custodian, as described in OAR 413-115-0070.

(60) "Protective capacity" means behavioral, cognitive, and emotional characteristics that can specifically and directly be associated with a person's ability and willingness to care for and keep a child safe.

(61) "Protective custody" means custody authorized by ORS 419B.150.

(62) “Reasonable cause” as defined in ORS 419B.150 means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts.

(63) "Reasonable suspicion" means a reasonable belief given all of the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse . Explanation: The belief must be subjectively and objectively reasonable. In other words, the person subjectively believes that the injury may be the result of abuse , and the belief is objectively reasonable considering all of the circumstances. The circumstances that may give rise to a reasonable belief may include, but not be limited to, observations, interviews, experience, and training. The fact that there are possible non- abuse explanations for the injury does not negate reasonable suspicion.

(64) "Referral" means a report that has been assigned for the purpose of CPS assessment.

(65) "Report" means an allegation of abuse that the screener evaluates to determine if it constitutes a report of abuse as defined in ORS 419B.005 or, when applicable, ORS 418.205 - 418.327.

(66) "Reporter" means an individual who makes a report.

(67) “Resource family” or “resource parent” means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which the individual or individuals reside, to a child in the care or custody of the Department .

(68) “Respite provider” means an individual certified by the Department to provide certified respite care to a child being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department.

(69) "Restraint" means the physical restriction of a child's actions or movements by holding the child or using pressure or other means.

(70) "Safe" means there is an absence of present danger safety threats and impending danger safety threats.

(71) “Safe Haven Infant” means a child who is reasonably believed to be 60 days of age or younger, has been left at an authorized facility as defined in ORS 418.017 and has no evidence of abuse.

(72) "Safety service provider" means a participant in a protective action plan, initial safety plan, or ongoing safety plan whose actions, assistance, or supervision help a family in managing safety.

(73) "Safety services" mean the actions, assistance, and supervision provided by safety service providers to manage the identified present danger safety threats or impending danger safety threats.

(74) "Safety threshold" means the point at which family behaviors, conditions, or circumstances are manifested in such a way that they are beyond being risk influences and have become an impending danger safety threat. In order to reach the "safety threshold" the behaviors, conditions, or circumstances must meet all of the following criteria: be imminent, be out of control, affect a vulnerable child , be specific and observable, and have potential to cause severe harm. The "safety threshold" criteria are used to determine the presence of an impending danger safety threat.

(75) "School administrator" means the principal, vice principal, assistant principal, or any other person performing the duties of a principal, vice principal, or assistant principal at a school, as defined in the Teacher Standards and Practices Commission (TSPC) OAR 584-005-0005.

(76) "Screener" means a Child Welfare employee with training required to receive information and requests at the Oregon Child Abuse Hotline and assess the information and requests to determine Child Welfare’s response.

(77) "Screening" means the process of determining Child Welfare’s response to information and requests received by the Oregon Child Abuse Hotline.

(78) “Screening supervisor” means an employee of Child Welfare whose primary responsibility is to oversee the work of a screener and ensure compliance with rules and consistency in the practice of screening.

(79) "Sexual exploitation”, as described in ORS 419B.005 means:

(a) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163.435, and any other conduct which allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording, or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS 163.665 and 163.670, sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 or which is designed to serve educational or other legitimate purposes.

(b) Allowing, permitting, encouraging, or hiring a child to engage in prostitution as described in ORS 167.007 or a commercial sex act as defined in ORS 163.266, to purchase sex with a minor as described in ORS 163.413 or to patronize a prostitute as described in ORS 167.008.

(80) "Severe harm" as defined in ORS 419B.150 means:

(a) Life-threatening damage; or

(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.

(81) "Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person under the age of 18 for the purpose of a commercial sex act or the recruitment, harboring, transportation, provision, or obtaining of a person over the age of 18 using force, fraud, or coercion for the purpose of a commercial sex act.

(82) "Sibling" means one of two or more children who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways:

(a) By blood or adoption through a common parent ;

(b) Through the marriage of the legal or biological parents of the children or young adults ; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults .

(83) “Student” means any person who is in any grade from prekindergarten through grade 12, or twenty-one years of age or younger and receiving educational or related services from an education provider that is not a post-secondary institution of education, or who was previously known as a student by the person engaging in sexual conduct and who left school or graduated from high school within 90 days prior to the sexual contact as defined in ORS 339.370.

(84) "Substance" means any legal or illegal drug with potential for misuse, including any controlled substance as defined by ORS 475.005, prescription medications, over-the-counter medications, or alcoholic beverages.

(85) "Substitute care" means the out-of-home placement of a child who is in the legal or physical custody and care of Child Welfare.

(86) "Suspicious physical injury" (as defined in ORS 419B.023) includes, but is not limited to:

(a) Burns or scalds;

(b) Extensive bruising or abrasions on any part of the body;

(d) Fractures of any bone in a child under the age of three;

(e) Multiple fractures in a child of any age;

(f) Dislocations, soft tissue swelling, or moderate to severe cuts;

(g) Loss of the ability to walk or move normally according to the child's developmental ability;

(h) Unconsciousness or difficulty maintaining consciousness;

(i) Multiple injuries of different types;

(j) Injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ; or

(k) Any other injury that threatens the physical well-being of the child .

(87) "Teacher" means (as defined in TSPC OAR 584-005-0005) a licensed or registered employee in a public school or charter school, or employed by an education service district, who has direct responsibility for instruction, coordination of educational programs, or supervision or evaluation of teachers; and who is compensated for services from public funds.

(88) "Third party abuse" means abuse by a person who is not the alleged victim's parent, caregiver , guardian, or other member of the alleged victim's household, and who is not responsible for the alleged victim's care, custody, and control.

(89) “Third party CPS assessment” means an investigation into a report of third party abuse pursuant to ORS 419B.020 that includes activities conducted to determine if there is reasonable cause to believe abuse occurred, and whether the alleged victim is safe from the alleged perpetrator of third party abuse.

(90) "Unsafe" means the presence of a present danger safety threat or an impending danger safety threat.

(91) "Vulnerable child" means a child who is unable to protect themselves. This includes a child who is dependent on others for sustenance and protection. A "vulnerable child" is defenseless, exposed to behaviors, conditions, or circumstances that they are powerless to manage, and is susceptible and accessible to a threatening parent or caregiver . Vulnerability is judged according to physical and emotional development, ability to communicate needs, mobility, size, and dependence.

(92) "Young adult" means a person aged 18 through 20 years.

History

Statutory/Other Authority: ORS 409.185, ORS 418.005, ORS 418.747, ORS 419B.017, ORS 419B.024, ORS 419B.035, ORS 418.205 - 418.327, ORS 419.050 & ORS 409.050
Statutes/Other Implemented: ORS 409.185, ORS 418.005, ORS 418.747, ORS 418.205 - 418.327, ORS 147.425, ORS 418.015 & ORS 419B.005 - 419B.050
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 50-2026, temporary amend filed 03/31/2026, effective 03/31/2026 through 09/26/2026
CWP 7-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 26-2024, amend filed 09/30/2024, effective 10/01/2024
CWP 23-2024, minor correction filed 07/26/2024, effective 07/26/2024
CWP 9-2024, amend filed 04/25/2024, effective 04/25/2024
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 65-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 136-2020, amend filed 08/27/2020, effective 09/01/2020
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 107-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 120-2018, amend filed 12/03/2018, effective 12/04/2018
CWP 105-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 02/28/2019
CWP 61-2018, minor correction filed 07/05/2018, effective 07/05/2018
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 27-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 06/29/2018
CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 23-2016, f. & cert. ef. 12-1-16
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 21-2010, f. & cert. ef. 11-15-10
CWP 5-2010(Temp), f. & cert. ef. 6-15-10 thru 12-12-10
CWP 2-2008, f. & cert. ef. 4-1-08
CWP 24-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 4-11-08
CWP 22-2007(Temp), f. & cert. ef. 12-3-07 thru 4-11-08
CWP 16-2007(Temp), f. & cert. ef. 10-16-07 thru 4-11-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 14-2006, f. 6-30-06, cert. ef. 7-1-06
CWP 19-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06
CWP 4-2005, f. & cert. ef. 2-1-05
CWP 17-2004, f. & cert. ef. 11-1-04
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0125 CPS Responsibility Ends

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 64-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 62-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0200 Purpose of Screening Rules

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 63-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
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 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0205 Information Received

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.

History

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
CWP 62-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 63-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 20-2008, f. & cert. ef. 9-2-08
CWP 5-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 12-24-08
CWP 2-2008, f. & cert. ef. 4-1-08
CWP 24-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 4-11-08
CWP 22-2007(Temp), f. & cert. ef. 12-3-07 thru 4-11-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05
CWP 4-2005, f. & cert. ef. 2-1-05
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0210 Documentation Requirements

(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.

(b) The screener must complete all other documentation no later than 10 hours from the date and time the report was received by the Oregon Child Abuse Hotline, unless the screening supervisor grants an extension as described in paragraph (c) of this section.

(c) A screening supervisor may grant a one-time extension to the deadline in paragraph (b) of this section, not to exceed 24 hours from the date and time the report was received by the Oregon Child Abuse Hotline, when the screener made a collateral contact as described in OAR 413-015-0211(2) and the additional information is not received within the timeline.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 418.205-418.327
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 61-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 39-2019, minor correction filed 08/06/2019, effective 08/06/2019
CWP 25-2019, amend filed 05/30/2019, effective 05/31/2019
CWP 23-2019, temporary amend filed 04/08/2019, effective 04/08/2019 through 06/01/2019
CWP 12-2019, temporary suspends temporary CWP 119-2018, filed 01/23/2019, effective 01/23/2019 through 06/01/2019
CWP 119-2018, temporary amend filed 11/29/2018, effective 12/04/2018 through 06/01/2019
CWP 108-2018, amend filed 09/17/2018, effective 09/17/2018
CWP 105-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 02/28/2019
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 44-2018, amend filed 05/30/2018, effective 05/30/2018
CWP 28-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 05/30/2018
CWP 12-2018, temporary amend filed 01/29/2018, effective 01/29/2018 through 05/30/2018
CWP 26-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 01/28/2018
CWP 10-2017(Temp), f. & cert. ef. 8-8-17 thru 1-28-18
CWP 4-2017, f. & cert. ef. 4-3-17
CWP 19-2016(Temp), f. & cert. ef. 10-5-16 thru 4-2-17
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05
CWP 4-2005, f. & cert. ef. 2-1-05
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0211 Report of Abuse

(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 ;

(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.

(2) The screener may only make efforts to gather additional information from collateral contacts and law enforcement when there is insufficient information to determine the screening decision:

(a) The information gathered from the reporter is concerning; and

(b) The collateral contact or law enforcement data is likely to supplement the report with sufficient information to make the screening decision.

(3) The screener must review the Child Welfare history, if any, of the alleged victim, every identified child , parent , caregiver , and household member for the report dates, types of abuse alleged, screening decisions and CPS assessment dispositions.

(4) The screener must assign the report for CPS assessment if:

(a) The information received constitutes a report of abuse as defined in OAR 413-015-0115(1)(a) of a child ; and is the responsibility of Child Welfare to assess.

(b) The information received constitutes a report of abuse of a child as defined in OAR 413-015-0115(1)(a) or a report of abuse of a child as defined in OAR 413-015-0115(1)(b); and involves a resource family or respite provider certified by Child Welfare.

(c) The screener determines the current report would be the fourth or greater consecutive report closed at screening regarding the same child or household and there is at least one child in the home who is less than five years of age, unless an exception has been approved by the Oregon Child Abuse Hotline program manager or designee; or

(d) A Tribe, LEA, or OTIS requests assistance from CPS with an investigation of abuse , and a screening supervisor agrees that assistance from CPS is appropriate.

(e) The screener determines a child is a Safe Haven infant.

(5) When a determination is made to assign a report for CPS assessment, the screener must determine the response timeline as follows:

(a) Within 24 hours.

(b) Within 72 hours.

(6) The screener must refer all reports that meet the criteria to assign for CPS assessment to a local Child Welfare office as follows:

(a) The screener must refer the CPS assessment to the local office assigned to the address where the alleged victim resides, and that county is responsible for completing the CPS assessment.

(b) When the alleged abuse involved in a resource family or respite provider certified by Child Welfare , the screener must refer the CPS assessment to the local office assigned to the address where the alleged abuse occurred, and that local office is responsible for completing the CPS assessment.

(c) When the alleged victim is placed in a Behavioral Rehabilitation Service or other residential program, the screener must refer the CPS assessment to the local office where the familial case is currently open.

(d) Any exception to (a), (b) or (c) of this section must be made in consultation with the Child Welfare program managers in the affected local offices.

(7) The screener must close the report at screening if one of the following subsections applies because the information received:

(a) Does not constitute a report of abuse and the screener determines that the information describes behaviors, conditions or circumstances that pose a risk to a child; or

(b) Is a report of abuse and the information indicates the alleged abuse occurred in another country and the alleged perpetrator is located in another country; or

(d) Involves a child who is a resident of another state, unless the abuse occurred in Oregon; or

(e) Involves a child who is a resident of both Oregon and another state, and the other state is responding; or

(f) Is a notification described in OAR 413-015-0214, “Notifications Closed at Screening”; or

(g) Involves an alleged perpetrator who is deceased, and it is not a report of a child fatality due to alleged abuse; and

(A) There is a surviving parent, guardian, legal custodian or Indian custodian; or

(B) The Department determines a CPS assessment is not required to assure child safety.

(8) When a report is received, but the screener, after extensive efforts, is unable to obtain sufficient information to locate the alleged victim. Name and exact address are not necessary if a location is obtained.

(9) 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).

(10) The Oregon Child Abuse Hotline staff must cross report to law enforcement as required by OAR 413-015-0305(1).

(11) The Oregon Child Abuse Hotline staff must complete the following external notifications:

(a) Notification of law enforcement.

(A) No later than 24 hours, when information is received from a caseworker that a child on an open CPS assessment or a child on an open Child Welfare case is identified as a sex trafficking victim.

(B) Immediately when information gathered indicates a current suspicious physical injury.

(i) To a child living with a resource family or receiving services from a respite provider certified by Child Welfare, or

(ii) At the home of a resource family or respite provider certified by Child Welfare.

(b) Notification of Office of Developmental Disabilities Services (ODDS) when a report involves a child receiving services from ODDS.

(c) Notification of federally recognized Tribes when the screener knows or has reason to know that the child is an Indian child. A copy of the report must be sent to the Tribe within 24 hours of the screening decision and after information related to the reporter's identity is removed.

(d) Notification to another state’s Child Protective Services agency when disclosure is necessary to investigate, prevent or treat child abuse as described in ORS 419B.035 and after information related to reporter’s identity is removed.

(e) Notification of the reporter.

(A) When a screener determines a report will be assigned, the screener must notify the reporter that if contact information is provided, efforts will be made by the CPS worker to inform the reporter at a later date if contact with the alleged victim was made, if abuse occurred, and if services will be provided.

(B) When a screener determines a report will be closed at screening, the screener must notify the reporter of the following:

(i) Contact with the alleged victim will not be made;

(ii) An abuse determination will not be made; and

(iii) Whether services will be provided.

(f) Notification of Community Mental Health Program, Community Developmental Disabilities Program, or Adult Protective Services. The screener must make a report to the Community Mental Health Program, Community Developmental Disabilities Program, or the local Adult Protective Services office when the screener has reasonable cause to believe:

(A) That any person 18 years of age or older with a mental illness, a developmental disability or a physical disability, or any person 65 years of age or older, with whom the reporter comes into contact has suffered abuse ; or

(B) That any person with whom the reporter comes into contact has abused a person 18 years of age or older with a mental illness, developmental disability, or physical disability, or any person 65 years of age or older.

(12) The screener must obtain approval from the screening supervisor or designee prior to making a decision not to document information gathered.

(13) The screening supervisor or designee must review all closed at screening reports no later than 10 days from the date and time the report was received by the Oregon Child Abuse Hotline.

History

Statutory/Other Authority: ORS 418.005, ORS 418.205-418.327, ORS 419B.024 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.205-418.327 & ORS 419B.024
CWP 8-2025, amend filed 07/09/2025, effective 07/09/2025
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 21-2024, amend filed 06/18/2024, effective 06/18/2024
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 64-2018, minor correction filed 07/05/2018, effective 07/05/2018
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 27-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 06/29/2018
CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 15-2009, f. & cert. ef. 11-3-09
CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05

Or. Admin. R. 413-015-0212 Additional Screening Requirements

(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.

(2) When a screener receives a report of a missing child on an open CPS assessment or open Child Welfare case, the screener must, if the child is in substitute care and the reporter is the caregiver, inform the reporter they must report information about the missing child to law enforcement and the National Center for Missing and Exploited Children.

(3) When a screener receives a report of a fatality, the screener must consult with a screening supervisor.

(4) When a screener receives duplicate information (same alleged victim, same alleged perpetrator, same allegation of abuse, and same incident dates), the screener must:

(a) Inform the reporter that a new screening report will not be documented because the information has already been received; and

(b) Provide the reporter with the assigned caseworker's name and phone number.

(5) When a screener has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department or OYA, the screener must consult with a screening supervisor.

History

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
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 60-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 65-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05

Or. Admin. R. 413-015-0213 Request for Family Support Services

(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;

(d) Request for Voluntary Services.

(2) The screener must assign a request for Family Support Services to the local Child Welfare office in the county where the primary custodial parent resides, unless the request is for Independent Living Program services, then the county where the former child in foster care resides.

(3) When assigning a request for Family Support Services, the screener must assign a response timeline of 10 business days.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 59-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 66-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05

Or. Admin. R. 413-015-0214 Notifications Closed at Screening

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 parent 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 is identified as a sex trafficking victim.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 21-2024, amend filed 06/18/2024, effective 06/18/2024
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 58-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 15-2009, f. & cert. ef. 11-3-09

Or. Admin. R. 413-015-0215 Information for which OTIS is Responsible

(1) When the screener receives information involving any of the following settings or individual representing the setting, 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;

(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.

(2) When the screener receives information involving third party abuse that is not the responsibility of Child Welfare to assess, the screener must immediately forward the information to OTIS and notify OTIS the information was forwarded.

History

Statutory/Other Authority: ORS 418.005, ORS 419B.017 & ORS 409.050
Statutes/Other Implemented: ORS 418.205-418.327, ORS 419B.035, ORS 418.005, ORS 419B.017 & ORS 419B.015
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 57-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 108-2018, amend filed 09/17/2018, effective 09/17/2018
CWP 105-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 02/28/2019
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 44-2018, amend filed 05/30/2018, effective 05/30/2018
CWP 12-2018, temporary amend filed 01/29/2018, effective 01/29/2018 through 05/30/2018
CWP 26-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 01/28/2018
CWP 10-2017(Temp), f. & cert. ef. 8-8-17 thru 1-28-18
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 5-2016(Temp), f. & cert. ef. 4-11-16 thru 10-7-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05
CWP 4-2005, f. & cert. ef. 2-1-05
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0220 Case Management Related Information

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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 67-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 16-2005, f. & cert. ef. 12-1-05
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0225 Information or Referral

Oregon Child Abuse Hotline staff may provide information or referrals to community organizations or voluntary preventative services for a child who is not at risk of imminent harm, but where disclosure is necessary as described in ORS 419B.035.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 56-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
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 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0230 Emergency Action

When a screener receives information that a person requires immediate attention to their health or safety, the screener must immediately contact 911.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 55-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, adopt filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary adopt filed 04/05/2019, effective 04/08/2019 through 10/01/2019

Or. Admin. R. 413-015-0300 Cross Reporting Defined

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.

History

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
CWP 54-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 106-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 68-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 13-2006, f. 6-30-06, cert. ef. 7-1-06
CWP 18-2005(Temp), f. 12-30-05 cert. ef. 1-1-06 thru 6-30-06
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0302 Purpose of Cross Reporting

The purpose of the cross report is to share reports of alleged abuse between Child Welfare and law enforcement agencies.

History

Statutory/Other Authority: ORS 418.005, ORS 419B.017 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419B.017 & ORS 419B.015
CWP 53-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 69-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 3-2007, f. & cert. ef. 3-20-07
CWP 13-2006, f. 6-30-06, cert. ef. 7-1-06
CWP 18-2005(Temp), f. 12-30-05 cert. ef. 1-1-06 thru 6-30-06

Or. Admin. R. 413-015-0305 Cross Reporting Requirements

(1) Who is required to cross report and when.

(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.

(b) If it is unknown where the alleged abuse occurred, cross report to the law enforcement agency in the county where the alleged victim resides.

(c) If it is unknown where the alleged victim resides, cross report to the law enforcement agency in the county where the reporter made contact with the alleged victim or the alleged perpetrator.

(2) A cross report from the Oregon Child Abuse Hotline must contain the screening report form that includes the information provided by the person making the report of abuse . This may include:

(a) The name of and contact information for the confidential reporter ,

(b) The names and addresses of the child ,

(d) The child's age,

(e) The nature and extent of the abuse ,

(f) Any evidence of previous abuse ,

(g) The explanation given for the abuse ,

(h) Where the abuse occurred,

(i) The identity and whereabouts of the alleged perpetrator, and

(j) Any other information provided by the person making the report that would be helpful in establishing the cause of the abuse and the identity and whereabouts of the alleged perpetrator.

(3) 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).

(4) When and how the Oregon Child Abuse Hotline must cross report to a law enforcement agency is described below.

(a) The same day.

(A) The Oregon Child Abuse Hotline must cross report to a law enforcement agency on the same day a screener determines that a report of alleged abuse requires a within 24 hours response by Child Welfare or immediate notification to law enforcement. This requirement includes, but is not limited to, any reports of:

(i) Moderate to severe physical abuse ;

(ii) Visible injuries to a child ;

(iii) Sexual abuse ; or

(iv) Suspicious or unexpected death of a child .

(B) The reports of abuse that the Oregon Child Abuse Hotline cross reports on the same day must be cross reported in one of the following ways:

(i) Verbal cross report. When a cross report is verbal, and Child Welfare and law enforcement do not respond to the report of abuse together, a completed screening report form must be sent to the law enforcement agency.

(ii) Electronic transmission

(b) No later than 10 days. All other reports of abuse , including reports assigned for CPS assessment and closed at screening, must be cross reported within a time frame that ensures the receipt of the cross report by law enforcement no later than 10 calendar days after receiving the report . The reports must be sent either verbally or through electronic submission.

(5) Supplemental cross reporting by the Oregon Child Abuse Hotline. The Oregon Child Abuse Hotline may receive information not previously cross reported but apparently related to a report of abuse involving the same victim and the same alleged perpetrator that has been previously cross reported. If the information relates to the same incident of abuse , the Oregon Child Abuse Hotline staff must make a supplemental cross report of the additional information to each law enforcement agency that received the prior cross report. Supplemental information that is determined to be critical, given the information in the original report , must be cross reported immediately. All other supplemental information must be cross reported within a time frame that ensures the receipt of the information no later than 10 calendar days after the information was received.

History

Statutory/Other Authority: ORS 418.005, ORS 419B.017 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419B.017 & ORS 419B.015
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 21-2024, amend filed 06/18/2024, effective 06/18/2024
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 21-2019, amend filed 04/05/2019, effective 04/05/2019
CWP 117-2018, temporary amend filed 11/26/2018, effective 11/26/2018 through 05/24/2019
CWP 70-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 3-2007, f. & cert. ef. 3-20-07
CWP 13-2006, f. 6-30-06, cert. ef. 7-1-06
CWP 18-2005(Temp), f. 12-30-05 cert. ef. 1-1-06 thru 6-30-06
CWP 4-2005, f. & cert. ef. 2-1-05
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0310 Child Welfare Documentation and Verification Requirements

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

(2) If the cross report is faxed, the screener or designee must attach the fax transmittal confirmation sheet to each cover sheet.

History

Statutory/Other Authority: ORS 418.005, ORS 419B.017 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419B.015 & ORS 419B.017
CWP 27-2024, amend filed 12/30/2024, effective 01/01/2025
CWP 52-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 71-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 3-2007, f. & cert. ef. 3-20-07
CWP 13-2006, f. 6-30-06, cert. ef. 7-1-06
CWP 18-2005(Temp), f. 12-30-05 cert. ef. 1-1-06 thru 6-30-06
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0400 Purpose and Overview of the CPS Assessment Rules

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.

History

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
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 51-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 15-2018, temporary amend filed 02/14/2018, effective 02/14/2018 through 06/30/2018
CWP 25-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 02/13/2018
CWP 11-2017(Temp), f. & cert. ef. 8-18-17 thru 2-13-18
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 17-2004, f. & cert. ef. 11-1-04
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0403 Assignment of CPS Assessment

(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.

History

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
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 50-2023, 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 15-2009, f. & cert. ef. 11-3-09

Or. Admin. R. 413-015-0404 Receipt of New Information on an Open CPS Assessment

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.

History

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
CWP 49-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
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

Or. Admin. R. 413-015-0405 CPS Assessment Response Timelines

(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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.800, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050
CWP 48-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
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 7-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 12-2006, f. 6-30-06, cert. ef. 7-1-06
Suspended by CWP 3-2006(Temp), f. & cert. ef. 2-1-06 thru 6-30-06
CWP 1-2006, f. & cert. ef. 2-1-06
CWP 17-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06
CWP 15-2005(Temp), f. & cert. ef. 10-20-05 thru 3-31-06
CWP 17-2004, f. & cert. ef. 11-1-04
CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0409 Exception to Completing a CPS Assessment or CPS Assessment Activities

(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.

(b) The exception in section (1) of this rule is not permitted and a CPS assessment must be completed when the CPS worker has already made contact with the parent, caregiver, or alleged victim, unless:

(A) The parent, caregiver, or alleged victim is the original reporter.

(B) The report was documented under the wrong case and the corrected report is created.

(D) The alleged victim is no longer a child ;

(c) If contact was made as described in subsection (b), the contact must be documented in the CPS assessment , even if the exception in subsection (a) is granted.

(d) If the exception in subsection (a) is granted, the local Child Welfare office is responsible for sending written notice to the alleged perpetrator that a criminal records check was conducted, as described in OAR 413-015-1120, using the form provided by the Department , unless the notification is completed by the Oregon Child Abuse Hotline. Sending this notice is not considered contact for the purpose of subsection (b).

(2) Exception to Completing CPS Assessment Activities. The only exception to completing all requirements of a CPS assessment outlined in these rules (OAR 413-015-0400 to 413-015-0485) is when the following subsections apply:

(a) The CPS worker has gathered sufficient information to make a safety determination and the alleged victim is safe;

(b) The CPS worker has gathered sufficient information to make a disposition as required by OAR 413-015-1015 and the disposition is unfounded; and

(3) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.

History

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 & ORS 419B.026
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 47-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 105-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 72-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 13-2009, f. 10-1-09, cert. ef. 10-2-09
CWP 20-2008, f. & cert. ef. 9-2-08
CWP 6-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 12-24-08
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0415 CPS Assessment Activities

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 ;

(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.

(b) The CPS worker must review the documents to identify information related to:

(A) Present danger safety threats or impending danger safety threats;

(B) History or a pattern of abuse ;

(D) Worker safety.

(2) Addressing prior allegations that have not been assessed because Child Welfare was unable to locate the family. The assigned CPS worker must address in the current assessment any allegations not previously assessed because Child Welfare was unable to locate the family as follows:

(a) Discuss the prior unassessed allegations during interviews;

(b) Consider all information about prior unassessed allegations when determining child safety; and

(3) Contact collateral sources.

(a) The CPS worker must contact collateral sources who can clarify or supplement the information in the referral and in records already reviewed.

(A) The CPS worker must contact the assigned Self-Sufficiency worker, if any.

(B) The CPS worker may contact other collateral sources including, but not limited to:

(i) Individuals who have regular contact with the alleged victim;

(ii) Doctors or others who have evaluated or maintain records on the alleged victim;

(iii) People who are in an established personal or professional relationship with the parent or caregiver and who can judge the quality and nature of the parent or caregiver behavior and functioning; and

(iv) People who have records or information about the parent or caregiver as a result of their involvement with, or exposure to, the parent or caregiver .

(b) The CPS worker must gather information from collateral sources throughout the CPS assessment .

(c) The CPS worker must consult with the assistant attorney general to obtain a court order for records from a collateral source, if the source is unable or unwilling to share information with Child Welfare.

(d) The Director of Human Services may, by subpoena, compel the production of documents and records, including audio records, video records, photographs and student records, that the director deems relevant or material to a CPS assessment (SB 901 (2023)).

(4) Consult with a CPS supervisor.

(a) The CPS worker must consult with a CPS supervisor or designee:

(A) When the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department or OYA;

(B) When a referral involves a resource family or respite provider certified by Child Welfare;

(i) A child care;

(ii) A child caring agency;

(iii) A child caring agency certified proctor foster home;

(iv) An educational provider;

(v) An ODDS licensed group home or host home; or

(vi) An ODDS or OYA certified foster home

(D) When a CPS worker receives notification from a screener that a closed at screening or new referral was created on an open CPS assessment ;

(E) Prior to a decision to place a child in protective custody , or after placement if consultation before placement will delay the safety intervention;

(F) Prior to initiating court action, or after initiating court action if consultation before will delay the safety intervention;

(G) Prior to developing an initial safety plan in a resource family or respite provider certified by Child Welfare, ODDS, or OYA;

(H) When the referral involves a child fatality;

(I) When making a disposition in a complicated or sensitive situation or case; or

(J) When closing a CPS assessment with the disposition of "unable to locate."

(b) Subject to the discretion of the CPS supervisor , the CPS worker will consult with a CPS supervisor or designee at additional key points during the CPS assessment, such as:

(A) Before making initial contact with the family; or

(B) When a referral indicates potential danger to the worker.

(5) Contact and work with other entities. The CPS worker may need to work with representatives of other entities to gather and analyze safety-related information, develop a sufficient protective action plan , initial safety plan , or ongoing safety plan , and to complete the CPS assessment .

(a) The CPS worker may, as appropriate, notify or consult with other Department programs or other agencies including, but not limited to, the Office of Vocational Rehabilitation Services and Animal Control.

(b) The CPS worker must report to or contact and work with other entities as follows:

(A) Community Mental Health Program, Community Developmental Disabilities Program, or Adult Protective Services. The CPS worker must make a report to the Community Mental Health Program, Community Developmental Disabilities Program, or the local Adult Protective Service office when the CPS worker has reasonable cause to believe:

(i) That any person 18 years of age or older with a mental illness, a developmental disability or a physical disability, or any person 65 years of age or older, with whom the CPS worker comes into contact has suffered abuse .

(ii) That any person with whom the CPS worker comes into contact has abused a person 18 years of age or older with a mental illness, a developmental disability or a physical disability, or any person 65 years of age or older.

(B) Tribal Governments. If the CPS worker knows or has reason to know that the child is an Indian child , the CPS worker must give notice within 24 hours to the Indian child's Tribe that a CPS assessment is being conducted unless the screener documented completion of this notification in the referral . (See OAR 413-115-0040.)

(i) If a cross report was not previously made, the CPS worker must contact one or more law enforcement agencies in accordance with the protocols of the local multi-disciplinary team agreement and in accordance with cross reporting rules, OAR 413-015-0300 to OAR 413-015-0310.

(ii) When there is a joint response involving a CPS worker and law enforcement staff, the CPS worker is still responsible for all of the activities necessary to complete a CPS assessment , which are summarized in OAR 413-015-0400.

(I) The CPS worker must, in consultation with a CPS supervisor , determine whether to coordinate assessment activities with law enforcement agencies in the following situations:

(II) Present danger. When the CPS worker has information that indicates that the child is unsafe right now.

(III) Family cooperation. When the CPS worker has information that the family may not allow the CPS worker to observe the alleged victim or other children in the home.

(IV) Protective custody. When the CPS worker has information that a child may need to be placed in protective custody for the child's safety.

(V) Child interview. When the CPS worker and the law enforcement officer must each interview a child , it is preferable to coordinate the interviews to reduce the number of interactions with the child .

(VI) Worker safety. When the CPS worker has information that indicates the family behaviors, conditions, or circumstances could pose a danger to the CPS worker .

(VII) Crime committed. When the CPS worker suspects or receives a report that a crime may have been committed.

(D) Multi-Disciplinary Teams (MDTs). Department district managers must develop interagency agreements regarding assessment of child abuse, as necessary, with local MDTs. Requirements for MDT protocols are set out in ORS 418.747.

(E) Office of Child Care. The CPS worker must notify and coordinate with the Compliance Unit of the Office of Child Care when a report involves a child care, as required by ORS 419B.020(1).

(F) Office of Developmental Disabilities Services (ODDS). The CPS worker must notify and coordinate with ODDS when a report involves a home certified by ODDS or a child or young adult receiving services from ODDS.

(G) Office of Training, Investigations, and Safety ( OTIS ). The CPS worker must notify and coordinate with the OTIS when a report involves a setting the OTIS is responsible for investigating as listed in OAR 413-015-0215.

(H) Oregon Youth Authority (OYA). The CPS worker must notify and coordinate with OYA when a report involves a home certified by OYA or a child in the legal custody of OYA.

(I) Probation and parole. The CPS worker must contact probation and parole when the allegation involves a parent or caregiver , alleged victim, or alleged perpetrator who is supervised by probation or parole.

(J) Public or private schools.

(i) The CPS worker may request school records, including documents and other materials which the education provider must immediately provide as described in ORS 339.388.

(ii) The CPS worker may interview an alleged victim or potential witness at school when the worker believes it will be the best environment in which to assure safety when making contact. ORS 419B.045 provides requirements for CPS assessments that are conducted on school premises. The CPS worker must do the following:

(I) Notify the school administrator that a CPS assessment must be conducted. If the school administrator is a subject of the CPS assessment , then notification is not required.

(II) Report to the school office, provide identification, inform school personnel of the CPS assessment , and provide the name of the alleged victim or potential witness to be interviewed.

(III) Request information from school personnel regarding the disabilities of the alleged victim, if any, prior to an interview with the alleged victim.

(IV) Interview the alleged victim or potential witness out of the presence of other persons, unless the CPS worker believes the presence of a school employee or other person would facilitate the interview. If the CPS worker believes that a school employee does not need to be present, but the school employee insists on being present during the interview, the worker may confer with the CPS supervisor for assistance in handling the situation.

(V) Discuss further actions with the alleged victim at the conclusion of the interview.

(VI) Inform school personnel when the interview has been completed.

(VII) Inform school personnel if the alleged victim is taken into protective custody .

(VIII) Inform school personnel that the CPS worker will notify parents of the interview.

(IX) Contact the CPS supervisor if school officials refuse to allow the CPS assessment to take place on school property.

(iii) The CPS worker may not interview a child identified as an alleged perpetrator at school.

(6) Obtain interpreters and translation. The CPS worker must obtain the services of a competent interpreter and competent written translation service for families, including hearing-impaired family members, who have limited or no means of communicating in or reading English.

(7) Complete actions required to comply with the ICWA/ORICWA under OAR 413-115-0040 to 413-115-0090.

(8) Determine refugee status and comply with the Refugee Children Act, if applicable. During a CPS assessment , the CPS worker must consider whether the child is a refugee child. Under ORS 418.925, a "refugee child" is a "person under 18 years of age who has entered the United States and is unwilling or unable to return to the person's country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular group or political opinion, or whose parents entered the United States within the preceding 10 years and are or were unwilling or unable to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular group or political opinion."

(a) If it appears that a child is a refugee child, the CPS worker must ask about the child or parents' country of origin, length of time the child or parents have been in the United States, reasons why the child or parents came to the United States, and ethnic and cultural information relevant to the child's status as a refugee. The CPS worker does not have to make a legal determination that the child and parent are refugees, but if the child or the parents indicate they are refugees, then the CPS worker must proceed as if they are, until or unless it is known that they are not refugees.

(b) The CPS worker may not take a refugee child into protective custody unless, in addition to the other requirements for taking a child into custody, the CPS worker determines that:

(A) Removal is necessary to prevent imminent serious emotional or physical harm to the child ; and

(B) Reasonable efforts to alleviate the harm through remedial or preventive services do not alleviate the harm , have failed, or are not practical in an emergency situation.

(c) Unless it is a voluntary placement, no refugee child may remain in placement more than five calendar days unless there has been a judicial determination, supported by clear and convincing evidence that:

(A) Preventative or remedial services provided by Child Welfare have failed to alleviate the need for removal; and

(B) Return to the home will likely result in psychological or physical damage to the child .

(d) When a refugee child is placed in care, the juvenile court petition must include, in addition to the information required by ORS 419B.809, the following information:

(A) A specific and detailed account of the circumstances that led Child Welfare to conclude that the child was in imminent danger of serious emotional or physical harm ;

(B) Specific actions Child Welfare has taken or is taking to alleviate the need for removal;

(C) Assurance Child Welfare has complied with placement preferences listed in ORS 418.937 and listed in subsection (e) of this section; and

(D) Assurance Child Welfare is making or has made diligent efforts to locate and give notice to all affected refugee family members and to the Refugee Child Welfare Advisory Committee that the petition has been filed.

(e) The CPS worker must consider the refugee child's culture and tradition when making any placement decision for a refugee child and, unless shown to be inappropriate and inconsistent with the best interests of the child , place the child with the following in order of preference:

(A) Natural parents.

(B) Extended family member.

(D) Persons with knowledge and appreciation of the child's cultural heritage.

(f) The CPS worker may determine that placement under subsection (e) of this section is inappropriate and inconsistent with the bestinterests of the child if:

(A) The preferred placement presents a threat to the child's safety;

(B) The extreme medical, physical, or psychological needs of the child cannot be met in the placement; or

(C) There is an informed request from either of the child's biological parents not to use a placement, if the request is consistent with stability, security, and the individual needs of the child .

(g) When a juvenile court petition is filed and a refugee child is placed in care, the CPS worker must staff the case with the Refugee Child Welfare Advisory Committee (RCWAC). The CPS worker must contact the International Case Consultant for Child Welfare to arrange a time for the staffing. In preparation for the staffing, the CPS worker must:

(A) Invite the CPS supervisor to the staffing; and

(B) Be prepared to discuss the reasons for the CPS referral , the information indicating that family members are refugees, and their country of origin.

(9) Take photographs. The CPS worker must, during the CPS assessment , take photographs and document, as necessary, abuse and the observable nature of any present danger safety threat or impending danger safety threat .

(a) As provided in ORS 419B.028, a law enforcement officer or the CPS worker may take photographs for the purpose of documenting the child's condition at the time of the CPS assessment .

(b) As provided in ORS 419B.028, if the CPS worker conducting a CPS assessment observes a child who has suffered suspicious physical injury and the CPS worker is certain or has a reasonable suspicion that the injury is or may be the result of abuse , the CPS worker , in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, will immediately photograph or cause to have photographed the suspicious physical injuries. Regardless of whether the child has previously been photographed or assessed during a CPS assessment , the CPS worker will photograph or cause to be photographed any suspicious injuries if the CPS worker is certain or has a reasonable suspicion the suspicious injuries are the result of abuse :

(A) During the CPS assessment of a new allegation of abuse ; and

(B) Each time, during the CPS assessment, an injury is observed that was not previously observed by the assigned CPS worker .

(A) The person taking the photographs or causing to have the photographs taken must, within 48 hours or by the end of the next regular business day, whichever occurs later:

(i) Provide hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format to the designated medical professional ; and

(ii) Place photographs in the Child Welfare electronic information system record labeled with the case name, case number, child's name, and date taken.

(B) If a county multidisciplinary team staffing of the case is held, photographs of the injury will be made available to each team member involved in the case staffing at the first meeting regarding the child's case.

(d) When ensuring photographs are taken pursuant to subsection (b) of this section, the CPS worker may take the child into protective custody without a court order only for the period of time necessary to ensure the suspicious physical injuries are photographed, as described in ORS 419B.023 and OAR 413-015-0455.

(e) The CPS worker must document injuries, hazardous environments, and the observable nature of any present danger safety threat or impending danger safety threat in the CPS assessment narrative by use of photographs, written description, or illustrations.

(f) Photographs of the anal or genital region may be taken only by medical personnel.

(10) Obtain medical assessment. The CPS worker must, during the CPS assessment as required in this section, facilitate a medical assessment of the child or, when applicable, young adult and obtain medical history when necessary to assure safety, determine treatment needs, or assist in analyzing safety-related information.

(a) When the CPS worker determines that a medical assessment is needed as part of a CPS assessment , the CPS worker must consult with a CPS supervisor as soon as possible, but not at the expense of delaying medical treatment.

(b) If a person conducting an CPS assessment under ORS 419B.020 observes a child who has suffered suspicious physical injury as defined in ORS 419B.023 and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse , the person must, in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, ensure that:

(A) A designated medical professional conducts a medical assessment within 48 hours of the observation of the suspicious physical injury , or sooner if dictated by the child's medical needs; or

(B) An available physician, physician assosicate, or nurse practitioner conducts a medical assessment if, after reasonable efforts to locate a designated medical professional , a designated medical professional is not available to conduct a medical assessment within 48 hours. The CPS worker is required to document in the Child Welfare electronic information system efforts to locate the designated medical professional when an available physician, physician associate, or nurse practitioner is used.

(c) When ensuring the timely medical assessment of a child pursuant to subsection (b) of this section, and actions outlined in subsection (f) of this section would not comply with the required timelines, the CPS worker may take the child into protective custody without a court order only for the period of time necessary to ensure the medical assessment is conducted, as described in ORS 419B.023 and OAR 413-015-0455.

(d) The CPS worker must facilitate an assessment by a medical professional if the alleged abuse involves injury to the anal or genital region.

(e) When there are indications of severe physical trauma, the CPS worker must make arrangements to immediately transport to a medical facility, which may include calling 911. The CPS worker must also make arrangements for medical examination for mild or moderate physical trauma.

(f) To make arrangements for the medical examination, the CPS worker must do the following, unless completing the action would delay medical treatment:

(A) Discuss with the parent or caregiver the need for medical examination or treatment.

(B) Ask the parent or caregiver to take the child or young adult to a medical facility for a medical examination or treatment.

(D) Contact an LEA immediately and seek a juvenile court order to obtain protective custody for the purpose of obtaining a medical examination or treatment when:

(i) The parent or caregiver refuses to obtain needed medical examination or treatment;

(ii) The parent or caregiver may flee with the child or young adult ; or

(iii) Delaying medical examination or treatment could result in severe harm .

(E) Immediately seek medical care and consultation when there may be a life-threatening condition, or a deteriorating condition that may become life-threatening.

(F) As soon as possible and not later than 24 hours after learning of the exposure, make arrangements to test for chemical exposure to harmful substances when there is reason to believe a child or young adult has been exposed to dangerous chemicals such as those found in a chemical drug lab.

(g) When a report of suspected medical neglect of an infant with a disability and with life-threatening conditions is referred for CPS assessment , the assigned CPS worker must comply with OAR 413-020-0600 to 413-020-0650.

(h) When it is medically indicated to subject a child in the custody of the Child Welfare to HIV testing, the CPS worker must comply with OAR 413-040-0400 to 413-040-0450.

(i) As provided in ORS 147.425, a child who is the victim of a person crime and is at least 15 years of age at the time of the abuse may have a personal representative present during a medical examination. If a CPS worker believes that a personal representative would compromise the CPS assessment , a CPS worker may prohibit a personal representative from being present during the medical examination.

(j) When the CPS worker is assessing a CPS allegation of medical neglect, the CPS worker must consult with a health care professional as part of the CPS assessment.

(11) Obtain psychological and psychiatric evaluations.

(a) The CPS worker must make a referral for a psychological or psychiatric evaluation of the parent , caregiver , or child or young adult by a mental health professional to assure safety, determine treatment needs, or assist in analyzing safety-related information when during the CPS assessment the CPS worker identifies a specific condition or behavior that requires additional professional evaluation. This includes, but is not limited to:

(A) Unusual or bizarre forms of punishment;

(B) Mental illness;

(D) Homicidal ideation; or

(E) Unusual or bizarre behavior that is indicative of emotional problems.

(b) The CPS worker must obtain consent of the parent or caregiver prior to making a referral for a psychological or psychiatric evaluation, unless the evaluation is court ordered.

(12) Make efforts to locate. When a child or young adult in substitute care is missing, the CPS worker must complete required actions as described in OAR 413-080-0053.

(13) Develop plan of care. When an infant is identified as an infant with prenatal substance exposure , the CPS worker must:

(a) Ensure a plan of care is developed;

(b) Ensure the infant with prenatal substance exposure and family are referred to services identified in the plan of care ; and

(c)Document the plan of care and referrals made in the Child Welfare electronic information system.

(14) Make monthly face-to-face contact. The CPS worker must make a minimum of monthly face-to-face contact as described in OAR 413-080-0054.

History

Statutory/Other Authority: ORS 418.005, ORS 419.050 & ORS 409.050
Statutes/Other Implemented: ORS 409.185, ORS 418.005, ORS 418.015, ORS 418.747, ORS 418.785, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327
CWP 18-2025, minor correction filed 10/27/2025, effective 10/27/2025
CWP 20-2024, minor correction filed 06/06/2024, effective 06/06/2024
CWP 17-2024, minor correction filed 06/06/2024, effective 06/06/2024
CWP 7-2024, minor correction filed 03/20/2024, effective 03/20/2024
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 46-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 127-2020, amend filed 05/29/2020, effective 06/01/2020
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 108-2018, amend filed 09/17/2018, effective 09/17/2018
CWP 105-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 02/28/2019
CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018
CWP 100-2018, temporary amend filed 07/19/2018, effective 07/19/2018 through 12/25/2018
CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018
CWP 44-2018, amend filed 05/30/2018, effective 05/30/2018
CWP 28-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 05/30/2018
CWP 12-2018, temporary amend filed 01/29/2018, effective 01/29/2018 through 05/30/2018
CWP 26-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 01/28/2018
CWP 10-2017(Temp), f. & cert. ef. 8-8-17 thru 1-28-18
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 4-2010, f. & cert. ef. 4-2-10
CWP 23-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
CWP 20-2008, f. & cert. ef. 9-2-08
CWP 6-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 12-24-08
CWP 2-2008, f. & cert. ef. 4-1-08
CWP 24-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 4-11-08
CWP 16-2007(Temp), f. & cert. ef. 10-16-07 thru 4-11-08
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0420 Make Initial Contact

(1) The CPS worker must make an initial contact within the assigned response time-line.

(2) The CPS worker must provide advanced notification to the Indian tribe of any intent to make contact with an individual on a reservation (as defined in OAR 413-115-0000).

(3) 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.

(B) The CPS worker must notify the parents or caregivers the same day the interview occurred. If the same day notification could make a child or adult unsafe, a CPS supervisor may authorize an extension for one day to allow a planned notification that is less likely to compromise safety. The CPS worker must document in the Child Welfare electronic information system the supervisory approval and an explanation describing the basis for the approval.

(b) Have face-to-face contact with and interview the non-offending parent or caregiver and all adults living in the home. The purpose of this face-to-face contact and interview is to find out what the non-offending parent or caregiver and other adults living in the home know about the alleged abuse, gather safety related information, including parent and caregiver functioning, and gather information to determine if the parent or caregiver can or cannot and will or will not protect the alleged victim.

(A) Whenever practicable, the CPS worker must interview both parents and caregivers in person, as outlined in OAR 413-015-0422.

(B) Provide all adults living in the home with a written notice that a criminal records check may be conducted on them, as described in OAR 413-015-1120.

(C) The CPS worker must provide each parent or caregiver with the appropriate CPS assessment informational pamphlet, which includes written information regarding the CPS assessment process.

(D) The CPS worker must interview the non-custodial legal parent during the CPS assessment. This is not required during the initial contact but must be completed as part of the assessment process because the non-custodial parent may have essential information or be a placement resource. If the interview of the non-custodial legal parent may make a child or adult unsafe, a CPS supervisor may authorize an exception to this requirement based on written documentation that supports the conclusion that an interview with a non-custodial legal parent should not be conducted.

(c) Have face-to-face contact with and interview the alleged perpetrator. Except as provided in this subsection, the CPS worker must make face-to-face contact with and interview the alleged perpetrator during the initial contact when they are the custodial parent, caregiver, any person living in the home, or are present in the home when the CPS worker makes contact. The purpose of this interview is to evaluate the alleged perpetrator's reaction to allegations of abuse as well as to the alleged victim and their condition, and to gather further information about the alleged perpetrator and the family in relation to the safety of the alleged victim. When the parent is a child and an alleged perpetrator, the purpose is also to determine if the parent is also an alleged victim of abuse (under paragraph (D) of this subsection).

(A) The CPS worker is not required to make face-to-face contact with or interview the alleged perpetrator during the initial contact if:

(i) The alleged perpetrator is not a custodial parent, caregiver, anyone living in the home, or is not present in the home when the CPS worker makes contact and delaying contact will not compromise child safety. The CPS worker still must interview the alleged perpetrator, but may complete the interview during the course of the CPS assessment; or

(ii) There is a criminal investigation and the interview cannot be coordinated with an LEA within the timelines for initial contact.

(B) The decision to delay interview of an alleged perpetrator as provided in subparagraphs (A)(i) or (ii) of this subsection must be approved by a CPS supervisor, and the CPS worker must document in the Child Welfare electronic information system both the approval and the reason for delaying the interview.

(i) Coordinate the interviews of the alleged perpetrator with LEA when law enforcement is conducting an investigation;

(ii) Consult with a CPS supervisor if an interview with the alleged perpetrator could make a child or adult unsafe;

(iii) Provide the alleged perpetrator with a written notice that a criminal records check may be conducted on them, as described in OAR 413-015-1120; and

(iv) Make inquiries about the employment status of the alleged perpetrator. If the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department of Human Services (DHS) or OYA, the CPS worker must notify a CPS supervisor. The CPS supervisor must notify the DHS Office of Human Resources at the time of the assessment and at the time the assessment is reviewed as required in OAR 413-015-0475. The CPS supervisor must document the notifications in the Child Welfare electronic information system.

(D) When interviewing the alleged perpetrator who is a child and the parent of the alleged victim, the CPS worker must ask questions to determine if there is an allegation of abuse with the child parent as an alleged victim. If it is determined that there is an allegation of abuse with the child parent as an alleged victim, the information must be reported to a screener.

(E) When interviewing an alleged perpetrator who is the parent or caregiver, the CPS worker must provide the parent or caregiver with a "What you need to know about a Child Protective Services assessment" pamphlet, which includes written information regarding the CPS assessment process, including the court process and the rights of the parent and caregiver.

(4) Gather safety related information through interviews and observation. The CPS worker must begin to gather safety related information through interviews and observation as outlined in OAR 413-015-0422.

(5) Determine if there is a present danger safety threat or impending danger safety threat. During the initial contact, the CPS worker must determine, based on the information obtained at that time, if there is a present danger safety threat or impending danger safety threat as outlined in OAR 413-015-0425.

(6) Documentation of the Initial Contact. The CPS worker must document the dates of attempted and successful contacts in the Child Welfare electronic information system. If it was not possible during the initial contact for the CPS worker to successfully complete a required contact, the CPS worker must document why contact was not made and must complete the face-to-face contact and interview as soon as possible.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 147.425, ORS 409.185, ORS 418.015, ORS 418.747, ORS 418.785 & ORS 419B.005 - 419B.050
CWP 7-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 4-2025, amend filed 04/08/2025, effective 04/08/2025
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 45-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 116-2018, minor correction filed 11/21/2018, effective 11/21/2018
CWP 73-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 4-2010, f. & cert. ef. 4-2-10
CWP 2-2010(Temp), f. & cert. ef. 2-12-10 thru 8-11-10
CWP 15-2009, f. & cert. ef. 11-3-09
CWP 2-2008, f. & cert. ef. 4-1-08
CWP 16-2007(Temp), f. & cert. ef. 10-16-07 thru 4-11-08
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0422 Gather Safety Related Information through Interview and Observation

(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;

(d) Adult functioning;

(e) Parenting practices and skills; and

(f) Disciplinary practices.

(2) Interview.

(a) Except as outlined in subsection (b) of this section, interview each person in a manner that considers each person's privacy and safety and assures effective communication. Use information gathered from one interview to assist in the next interview.

(b) When domestic violence is alleged:

(A) And the adult victim is not alleged to be a perpetrator of abuse, consider interviewing the alleged adult victim first; and

(B) Ask questions about domestic violence in separate interviews only.

(A) Present identification to the family at the beginning of the interview and provide a business card or other document to the parents and caregivers containing the CPS worker's name and phone number;

(B) Clearly state the reason for the interview, provide statutory authority to assess reports of abuse, and give an explanation of the alleged abuse;

(D) Assure the privacy of the persons being interviewed;

(E) Focus the interview on safety;

(F) Assess whether the parents or caregivers are involved in domestic violence;

(G) When there is an infant in the household:

(i) Inquire about sleep practices the family uses anytime the infant is laid down to sleep;

(ii) Engage and educate the family on safe sleep practices; and

(iii) Support the family in problem solving to reduce sleep related risk.

(H) Summarize and discuss the initial impressions and intentions resulting from the interview with appropriate family members or caregivers;

(I) Obtain from the parents or caregivers the names of persons who can provide additional information in making a safety determination and completing the CPS assessment;

(J) Ask the parents and caregivers to sign an authorization to release information to enable Child Welfare to obtain confidential information from physicians, mental health providers, school employees, or other service or treatment providers, if applicable; and

(K) Inform the parents and caregivers about the Child Welfare grievance procedure.

(3) Observation.

(a) The CPS worker must observe the alleged victim and the parent or caregiver to assess:

(A) The physical condition of the alleged victim, including any observable effects of abuse;

(B) The emotional state of the alleged victim, including mannerisms, signs of fear, and developmental status;

(D) The emotional and behavioral status of the parents or caregivers during the interviewing process; and

(E) The interactions between family members, including verbal and body language.

(b) The CPS worker must observe all home environments where the alleged victim resides to assess:

(A) The condition of the living space;

(B) The sleep environment of each child , including any infant ; and

(c) If the Department is not permitted to observe the home environment because the home is a confidential shelter home or a safe house, the CPS worker must gather the information listed in (b) from collateral sources.

(4) When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the CPS worker must determine whether a child or young adult is, or is at risk of being, a victim of sex trafficking.

(a) If a determination is made that a child or young adult is a victim of sex trafficking the CPS worker must:

(A) Report to a screener the identification of a child or a young adult as a sex trafficking victim;

(B) Identify and refer to appropriate services; and

(b) If a determination is made that a child or young adult is at risk of being a victim of sex trafficking, the CPS worker must identify and refer to appropriate services.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185 & ORS 419B.005 - 419B.050
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 44-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 136-2020, amend filed 08/27/2020, effective 09/01/2020
CWP 74-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 17-2016, f. & cert. ef. 9-29-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14

Or. Admin. R. 413-015-0425 Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat

(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 .

(3) When the CPS worker determines there is a present danger safety threat or impending danger safety threat the CPS worker must:

(a) If the CPS worker determines a child is unsafe due to a present danger safety threat , establish a protective action plan as outlined in OAR 413-015-0435, "Develop a Protective Action Plan", and continue the activities required to sufficiently complete the CPS assessment .

(b) If the CPS worker determines a child is unsafe due to an impending danger safety threat , establish:

(A) An initial safety plan as outlined in OAR 413-015-0437, "Develop an Initial Safety Plan", and continue the activities required to sufficiently complete the CPS assessment when the determination is made prior to the conclusion of the CPS assessment .

(B) When the CPS worker determines a child is unsafe due to an impending danger safety threat at the conclusion of the CPS assessment , the CPS worker must establish an ongoing safety plan as outlined in OAR 413-015-0450, "Develop an Ongoing Safety Plan."

(4) Documentation of Present Danger Safety Threats and Impending Danger Safety Threats. The CPS worker must document in the Child Welfare electronic information system the determination that a present danger safety threat or impending danger safety threat is present or not, and explain the information that supports the determination.

History

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
CWP 43-2023, 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 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0428 Identify How the Impending Danger Safety Threat is Occurring

(1) When the CPS worker determines an impending danger safety threat is present, the CPS worker must identify how the impending danger safety threat is occurring in the family to determine the necessary level of safety intervention required to assure child safety. The CPS worker must use the information gathered to determine:

(a) Who. Who is creating or allowing the threat;

(b) What. What are they doing or not doing;

(d) When. Specific times during the day or week, if any, that requires special attention due to the way the family behaviors, conditions, or circumstances are occurring;

(e) Precipitants or family conditions. What contributes to the threat;

(f) Frequency. How often does the precipitant, family condition, or threat occur;

(g) Duration. How long has the family condition been occurring; and

(h) Persistent. How pervasive is the family condition or threat.

(2) Documentation of how the impending danger safety threat is occurring. The CPS worker must document how each impending danger safety threat is occurring in the Child Welfare electronic information system.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015, ORS 418.005, ORS 409.185 & ORS 419B.005 - 419B.050
CWP 42-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 75-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 10-2014, f. 5-20-14, cert. ef. 5-27-14

Or. Admin. R. 413-015-0432 Develop Safety Plans

(1) When a present danger safety threat or impending danger safety threat is identified, a CPS worker must put a safety plan in place to manage the threat. There are three types of safety plans: the protective action plan which manages present danger safety threats, and the initial safety plan and the ongoing safety plan, which manage impending danger safety threats.

(2) Shared requirements for a protective action plan, initial safety plan, or ongoing safety plan:

(a) When developing a protective action plan, initial safety plan, or ongoing safety plan, the CPS worker must:

(A) Assure the plan focuses on and controls the identified present danger safety threat or impending danger safety threat;

(B) Not use a parent or caregiver who is the alleged perpetrator of physical abuse, sexual abuse, or domestic violence to provide protection or any other adult who was aware of the threats to child safety and did not protect;

(C) Include safety service providers that have been confirmed to be suitable to provide safety for the child (refer to OAR 413-015-1200 through 413-015-1230, "Assessment of an Individual as a Safety Service Provider");

(D) Involve the child's parent or caregiver;

(E) Involve the child's tribe as a resource and comply with OAR chapter 413, division 115 when the CPS worker knows or has reason to know that the child is an Indian child; and

(F) Assure it has been approved by a Child Welfare supervisor.

(b) The protective action plan, initial safety plan, or ongoing safety plan, whether in-home or out-of-home, must:

(A) Be a written document between the parent or caregiver and Child Welfare;

(B) Provide a detailed description of the present danger safety threat or impending danger safety threat;

(i) If impending danger safety threats will be managed in-home, an explanation of how the in-home criteria outlined in (2)(c)(B) of this rule were met;

(ii) If impending danger safety threats will be managed out-of-home, an explanation of how the in-home criteria outlined in (2)(c)(B) of this rule were not met; and

(iii) How the plan will be monitored.

(D) Identify the safety service providers and the safety services necessary to implement the plan; and

(E) Establish the time commitments and availability of those involved in the plan.

(c) The CPS worker must determine whether the impending danger safety threat will be managed with an in-home or out-of-home initial safety plan or ongoing safety plan by determining how the impending danger safety threat is occurring and applying the in-home safety plan criteria.

(A) The CPS worker must understand how the impending danger safety threat is occurring as required in OAR 413-015-0428, "Identify How the Impending Danger Safety Threat is Occurring", and use the information about how the impending danger safety threat is occurring to develop the least intrusive plan that can manage the identified impending danger safety threat occurring within the particular family;

(B) An in-home initial safety plan or in-home ongoing safety plan is required when all of the following in-home safety plan criteria are met:

(i) There is a home-like setting where the parent and child live.

(ii) There are no barriers in the home to allowing safety service providers and activities to occur.

(iii) At least one parent is willing to cooperate with the plan.

(iv) The necessary safety activities and resources are available to implement the plan.

(C) An out-of-home initial safety plan or out-of-home ongoing safety plan is required when any of the in-home safety plan criteria outlined in (B)(i) through (iv) above are not met.

(d) A protective action plan, initial safety plan, or ongoing safety plan may be a combination of in-home and out-of-home in order to assure the least intrusive intervention.

(e) When CPS worker has determined a child is unsafe and an individual other than the parent or guardian is required to manage the child’s safety, the CPS worker must comply with OAR 413-070-0069 to identify relatives and persons with a caregiver relationship. If the child enters care with a non-relative caregiver, the CPS worker must also comply with OAR 413-070-0072 to contact and provide notice to relatives and persons with a caregiver relationship.

(f) The CPS worker must make modifications to the protective action plan, initial safety plan, or ongoing safety plan, as necessary, to continue to control the identified present danger safety threats or impending danger safety threats.

(g) When assessing an allegation of sexual abuse, if a plan includes a parent or caregiver, who is the alleged perpetrator, consenting to leave the family home, the CPS worker must notify the local district attorney responsible for the MDT in the county where the child resides that a plan of this type has been developed, pursuant to ORS 418.800. The notice must:

(A) Be in writing; and

(B) Be provided within three business days of the date the parent or caregiver leaves the family home.

(h) When a plan includes a parent or caregiver, who is the alleged perpetrator, consenting to leave the family home without their children or have their children leave the family home without them, the CPS worker must, in consultation with a supervisor, file a petition alleging the child is within the jurisdiction of the juvenile court pursuant to ORS 419B.100 within 10 calendar days of the date the parent or caregiver or their children leave the home if the plan is still necessary to assure child safety and will continue to be necessary for the immediate future. A CPS supervisor and Child Welfare program manager may jointly approve a one-time extension to continue the plan described in this section for up to an additional 30 days when the criteria outlined in "Safety Planning” procedure are met.

(i) When the protective action plan or initial safety plan involves an Indian child remaining in the home with a parent , the CPS worker must make active efforts to consult and partner with the Indian child ’s tribe. If the Indian child ’s tribe is unavailable, consult with the Tribal Affairs Unit.

(3) Additional Requirements for a Protective Action Plan. Refer to OAR 413-015-0435, "Develop a Protective Action Plan", for additional requirements when developing a protective action plan.

(4) Additional Requirements for an Initial Safety Plan. Refer to OAR 413-015-0437, "Develop an Initial Safety Plan", for additional requirements when developing an initial safety plan.

(5) Additional Requirements for an Ongoing Safety Plan. Refer to OAR 413-015-0450, "Develop an Ongoing Safety Plan", for additional requirements when developing an ongoing safety plan.

(6) Documentation. The CPS worker must provide a detailed description of the protective action plan, initial safety plan, or ongoing safety plan developed to manage the present danger safety threat or impending danger safety threat. Documentation must be completed in the Child Welfare electronic information system within five business days following the identification of the threat and must include:

(a) All requirements outlined in paragraphs (2)(b)(B) through (E) of this rule;

(b) A summary of the parents' and caregivers' agreement to and acceptance of the plan; and

History

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
CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 12-2022, amend filed 06/23/2022, effective 06/29/2022
CWP 33-2021, temporary amend filed 12/30/2021, effective 01/01/2022 through 06/29/2022
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
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 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14

Or. Admin. R. 413-015-0435 Develop a Protective Action Plan

(1) If the CPS worker determines the child is unsafe due to a present danger safety threat, the CPS worker must immediately initiate a protective action plan. This usually occurs during the initial contact but must occur at any time during the CPS assessment if it is determined that the child is unsafe due to present danger. The purpose of the protective action plan is to ensure that children are safe while CPS intervention continues and a fuller understanding of the family behaviors, conditions, and circumstances is obtained. A protective action plan occurs the same day that it is determined the child is unsafe and provides a child with responsible adult supervision and care.

(2) Requirements for a Protective Action Plan. When developing a protective action plan, the CPS worker must ensure all requirements in OAR 413-015-0432 are met and that the protective action plan:

(a) Manages present danger safety threats;

(b) Is in place before the CPS worker leaves the home;

(d) Does not remain in place after the CPS assessment is complete.

History

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
CWP 41-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019
CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019
CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0437 Develop an Initial Safety Plan

(1) If the CPS worker determines the child is unsafe due to an impending danger safety threat, the CPS worker must develop and document an initial safety plan. The purpose of the initial safety plan is to assure that children are safe while CPS intervention continues and a fuller understanding of the family behaviors, conditions, or circumstances is obtained.

(2) Requirements for an initial safety plan. When developing an initial safety plan the CPS worker must assure all requirements in OAR 413-015-0432, “Develop Safety Plans”, are met and that the initial safety plan:

(a) Manages impending danger safety threats; and

(b) Does not continue or remain in place after the CPS assessment is complete.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.185, ORS 418.005 & ORS 419B.005 - 419B.050
CWP 40-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14

Or. Admin. R. 413-015-0440 Determine Disposition of the CPS Assessment

(1) The CPS worker must determine a disposition for all CPS assessments completed by Child Welfare as required by ORS 419B.026 (1).

(2) Requirement to Determine Disposition of the CPS assessment . The CPS worker must determine if there is reasonable cause to believe that abuse occurred and explain the basis for that determination.

(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 CPS assessment .

History

Statutory/Other Authority: ORS 418.005, ORS 419B.026 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 76-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0445 Make Child Safety Decision and Determine Whether to Open a Case

(1) After all the necessary information is gathered for the CPS assessment and the disposition has been determined, the CPS worker must determine if the child is safe or unsafe at the conclusion of the CPS assessment. To make a child safety decision at the conclusion of a CPS assessment, the CPS worker must again determine if an impending danger safety threat is present as outlined in OAR 413-015-0425.

(2) When at the conclusion of the CPS assessment the CPS worker determines one or more impending danger safety threats are present, including a previously identified threat that has not been eliminated, the CPS worker must conclude the child is unsafe. When the CPS worker concludes the child is unsafe at the conclusion of the CPS assessment, the CPS worker must:

(a) Determine how the impending danger safety threat is occurring to support the development of an ongoing safety plan as outlined in OAR 413-015-0428;

(b) Develop an ongoing safety plan as outlined in OAR 413-015-0450;

(d) Open a case.

(3) When at the conclusion of the CPS assessment the CPS worker determines no impending danger safety threats are present and any threat identified previously has been eliminated, the CPS worker must conclude the child is safe. When the CPS worker concludes the child is safe at the conclusion of the CPS assessment, the CPS worker must comply with all of the following subsections:

(a) Dismiss the protective action plan or initial safety plan if one is in place.

(b) Determine if the family has moderate to high needs unless completing a CPS assessment involving a resource family or respite provider certified by Child Welfare.

(A) If the family does not have moderate to high needs the CPS worker must complete and close the CPS assessment.

(B) If the family does have moderate to high needs the CPS worker must:

(i) Offer the family referrals to relevant services as available; and

(ii) If the family accepts the offer for referrals to services, the CPS worker must refer the family to relevant services as available.

(d) Close the CPS assessment without opening a case.

(4) Documentation of the Child Safety Decision. The CPS worker must document in the Child Welfare electronic information system the child safety decision including all of the following subsections as applicable:

(a) If the child is safe and the assessment will be closed or the child is unsafe and the case will be opened.

(b) If the child is safe:

(A) Whether the family was identified as having moderate to high needs; and

(B) If applicable, whether the family accepted the offer for service referrals.

History

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
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 39-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 99-2018, minor correction filed 07/09/2018, effective 07/09/2018
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 15-2018, temporary amend filed 02/14/2018, effective 02/14/2018 through 06/30/2018
CWP 25-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 02/13/2018
CWP 11-2017(Temp), f. & cert. ef. 8-18-17 thru 2-13-18
CWP 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0450 Develop an Ongoing Safety Plan

(1) At the completion of the CPS assessment when the CPS worker determines, through an analysis of the safety related information, that a child is unsafe , the CPS worker and permanency worker must develop and document an ongoing safety plan unless completing a CPS assessment involving a resource family or respite provider certified by Child Welfare. The purpose of the ongoing safety plan is to control the impending danger safety threats as they are uniquely occurring within a particular family.

(2) Requirements for an Ongoing Safety Plan. When developing an ongoing safety plan, the CPS worker and permanency worker must assure all requirements in OAR 413-015-0432, "Develop Safety Plans," are met and:

(a) Use a Family Engagement Meeting unless a supervisor approved an exception;

(b) Include conditions for return when an out-of-home ongoing safety plan is developed; and

(c) Re-evaluate the initial safety plan , if one is in place, to determine if it is appropriate and sufficient as an ongoing safety plan and re-confirm all commitments with all safety service providers identified in the initial safety plan if it is to become an ongoing safety plan .

History

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
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 38-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
CWP 77-2018, minor correction filed 07/05/2018, effective 07/05/2018
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 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0455 Protective Custody and Juvenile Court Action

(1) When juvenile court intervention is necessary to assure the child is safe and the child and family receive appropriate services, the CPS worker must make arrangements for a juvenile court petition to be filed, as provided in ORS 419B.809. The CPS worker , in consultation with the CPS supervisor , must consider whether protective custody is necessary to manage child safety prior to the shelter hearing.

(2) A CPS worker may take a child into protective custody with a court order when the department believes protective custody of the child is necessary and the least restrictive means available to:

(a) Protect the child from abuse ;

(b) Prevent the child from inflicting harm on self or others;

(c) Ensure the child remains within the reach of the juvenile court to protect the child from abuse or prevent the child from inflicting harm on self or others; or

(d) Prevent imminent physical damage or harm to the child if there is reason to know the child is an Indian child ; or

(e) Ensure suspicious injuries were photographed and a medical assessment was conducted in accordance with ORS 419B.023(2).

(3) Except as provided in section (4) of this rule, a CPS worker may take a child into protective custody without a court order in the following circumstances:

(a) When there is reasonable cause to believe that:

(A) There is an imminent threat of severe harm to a child ;

(B) The child poses an imminent threat of severe harm to self or others; or

(C) There is an imminent threat that the child ’s parent or guardian will cause the child to be beyond the reach of the juvenile court before the court can order the child to be taken into protective custody.

(b) When the CPS worker observes a child who has suffered suspicious physical injury and the CPS worker is certain or there is a reasonable suspicion the injury is or may be the result of abuse , only for the period of time necessary to ensure compliance with the requirements of ORS 419B.023 and OAR 413-015-0415(9)(b) and (10)(b).

(4) If there is reason to know that the child is an Indian child , the child may be taken into protective custody without a court order only when it is necessary to prevent imminent physical damage or harm to the child .

(5) If there is any resistance or threatened resistance to taking the child into protective custody , which creates a substantial risk of physical injury to any person, the CPS worker may not take the child into custody, but must wait for law enforcement assistance or obtain an order of protective custody from the juvenile court.

(6) When a CPS worker takes a child into protective custody, with or without a court order, the CPS worker:

(a) Must promptly complete a protective custody report. A protective custody report is required even if the child is released to a parent or other responsible person prior to a shelter care hearing. The report must be completed and sent to the juvenile court the day the child is taken into custody or no later than the morning of the next business day.

(b) If the child is not released to a parent or other responsible person, but is retained in protective custody , must schedule a shelter hearing as required by ORS 419B.183.

(c) Must notify, in writing, the child's parents, non- custodial parent, Indian custodian, caregivers , and if the CPS worker knows or has reason to know the child is an Indian child , the child's tribe. If the CPS worker knows or has reason to know the child is an Indian child , the worker must also comply with OAR chapter 413, division 115.

(d) Must immediately ensure diligent efforts are made to identify the child's legal parents and any putative fathers. Information about putative fathers must be recorded on form CF 418, "Father(s) Questionnaire" and filed in the case record.

History

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, ORS 419B.171, ORS 419B.183 & ORS 419B.809
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024
CWP 37-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020
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 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
Renumbered from 413-015-0410, CWP 3-2007, f. & cert. ef. 3-20-07
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0460 Visitation

(1) If an out-of-home ongoing safety plan is developed, the CPS worker must arrange for visitation between the child and the child's family.

(2) The CPS worker must refer to "Visits and Other Types of Child and Family Contact", OAR 413-070-0800 to 413-070-0880.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.185, ORS 418.005, ORS 418.015 & ORS 419B.005 - 419B.050
CWP 36-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0465 Required Assessments and Screenings for all Children Entering Substitute Care

(1) Each child placed in substitute care must receive the following:

(a) An intake nursing assessment by a DHS contracted nurse, shortly after entering care;

(b) A comprehensive health assessment by the child’s primary healthcare provider, within 30 calendar days of entering care;

(d) A Child and Adolescent Needs and Strengths (CANS) screening, within 60 calendar days of entering care;

(e) A mental-health assessment for children age 3 and older, within 60 calendar days of entering care; and

(f) An Early Intervention Screening for children ages 0-2, within 60 calendar days of entering care. (See CPS Early Intervention Referral form CF323.)

(2) The caseworker of a child who is placed in substitute care must ensure that the child receives:

(a) All required assessments and screenings as described in section (1) of this rule; and

(b) All treatment and services that are recommended in the required assessments and screenings that are covered by either Oregon Health Plan (OHP) or the child’s private health insurance.

History

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
CWP 35-2023, 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 22-2018, amend filed 03/11/2018, effective 03/11/2018
CWP 13-2017(Temp), f. & cert. ef. 9-13-17 thru 3-11-18
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0470 Notifications at Conclusion of CPS Assessment

(1) Requirements for providing notifications. The CPS worker must:

(a) Unless Child Welfare determines that disclosure is not permitted under ORS 419B.035, notify the reporter, if the reporter provided Child Welfare with contact information, whether contact was made, whether Child Welfare determined abuse occurred, and whether services will be provided.

(b) Provide verbal notification to the alleged victim's parents, including a non-custodial legal parent , and caregivers of all CPS assessment dispositions (unfounded or unsubstantiated, unable to determine or inconclusive, or founded or substantiated) and whether Child Welfare will provide services as a result of the CPS assessment . If the verbal notification of the CPS assessment disposition and service provision may make a child or adult unsafe , a CPS supervisor may authorize an exception to the requirement to provide the notification based on documentation supporting that conclusion. When the child's parent is the perpetrator, the notice under subsection (c) of this section must be provided.

(c) Provide written notification to perpetrators of founded or substantiated dispositions and the disposition review process as outlined in OAR 413-010-0700 to 413-010-0750.

(A) If the notification could make an adult unsafe, a CPS worker must consult with a CPS supervisor and discuss ways to partner with the impacted person to promote their safety.

(B) If the notification could make a child unsafe, the CPS worker must consult with a CPS supervisor to discuss ways to partner with the child ’s legal parent , guardian, Indian custodian, or attorney to ensure the child ’s safety.

(C) The Child Safety Program manager or their designee may approve an exception to delivery of written notification, as provided in OAR 413-010-0715.

(d) If Child Welfare has reason to know the perpetrator has an attorney, the local Child Welfare office must provide a copy of the written notification described in (c) to the perpetrator’s attorney, if applicable, unless the Child Safety Program Manager or their designee has approved an exception to delivery, as provided in OAR 413-010-0715.

(e) Provide the Teacher Standards and Practices Commission (TSPC) notification of the completed CPS assessment when a teacher or school administrator , as defined in OAR 413-015-0115, is identified as an alleged perpetrator in a report . Regardless of the disposition, a copy of the completed CPS assessment must be sent to TSPC after information related to the reporter's identity and other confidential information is removed.

(f) Provide the Office of Developmental Disabilities Services (ODDS) notification of the completed CPS assessment when a CPS assessment involves a home certified by ODDS. Regardless of the disposition, a copy of the completed CPS assessment must be sent to ODDS after information related to the reporter's identity and other confidential information is removed.

(g) Provide Oregon Youth Authority (OYA) notification of the completed CPS assessment when a CPS assessment involves a home certified by OYA. Regardless of the disposition, a copy of the completed CPS assessment must be sent to OYA after information related to the reporter's identity and other confidential information is removed.

(h) Provide Disability Rights Oregon notification of the completed CPS assessment when a report of abuse was alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. Regardless of the disposition, a copy of the completed CPS assessment must be sent to Disability Rights Oregon after information related to the reporter's identity and other confidential information is removed.

(2) Documentation of notifications. The CPS worker must document the notifications as described in this rule in the Child Welfare electronic information system and the documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(d) That the notifications have been attempted or made within the following timelines:

(A) Prior to completing the CPS assessment for a notification provided under subsection (1)(a) of this rule.

(B) Within five business days of supervisory approval of the CPS assessment for a notification provided under subsection (1)(b) through (1)(d) of this rule.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.205 - 418.327, ORS 419B.035, ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050
CWP 59-2026, amend filed 06/01/2026, effective 06/01/2026
CWP 38-2026, temporary amend filed 02/25/2026, effective 03/01/2026 through 08/27/2026
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023
CWP 34-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 113-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 108-2018, amend filed 09/17/2018, effective 09/17/2018
CWP 105-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 02/28/2019
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 44-2018, amend filed 05/30/2018, effective 05/30/2018
CWP 12-2018, temporary amend filed 01/29/2018, effective 01/29/2018 through 05/30/2018
CWP 26-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 01/28/2018
CWP 10-2017(Temp), f. & cert. ef. 8-8-17 thru 1-28-18
CWP 17-2016, f. & cert. ef. 9-29-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 5-2012, f. & cert. ef. 9-7-12
CWP 1-2012(Temp), f. & cert. ef. 3-12-12 thru 9-8-12
CWP 8-2009, f. 7-29-09, cert. ef. 8-3-09
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0475 CPS Assessment Documentation, Completion, and Supervisory Review Requirements

(1) The CPS worker must record assessment activities and information gathered during the CPS assessment process. This includes ensuring materials and records obtained during the CPS assessment are uploaded in the to the Child Welfare electronic information system.

(2) The CPS worker must complete the CPS assessment and electronically submit the 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 413-015-0480, "CPS Assessment Extensions."

(3) The completion of the CPS assessment must not interfere with the timely development of the initial case plan as required in OAR 413-040-0010 when Child Welfare is granted temporary custody of the child during the CPS assessment.

(4) A CPS supervisor or designee must review and approve a completed 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 Department'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.

(5) 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 CPS assessment by a CPS supervisor or designee.

History

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
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 33-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 78-2018, 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 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0480 CPS Assessment Extensions

Unless Child Welfare is granted temporary custody of the child during the CPS assessment, the Child Welfare Program Manager may approve a one-time extension to the time line outlined in OAR 413-015-0475 of an additional 30 calendar days for completion of the 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.

History

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
CWP 32-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 81-2018, minor correction filed 07/09/2018, effective 07/09/2018
CWP 79-2018, 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 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 3-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-015-0485 Confidentiality

Information gathered and records and reports compiled during a 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.

History

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
CWP 31-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 82-2018, 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
Renumbered from 413-015-0740, CWP 3-2007, f. & cert. ef. 3-20-07
CWP 25-2003, f. & cert. ef. 7-1-03

Or. Admin. R. 413-015-0601 Purpose

The purpose of these rules (OAR 413-015-0601 to 413-015-0608) is to describe Child Welfare responsibilities during the screening and assessment of a report of abuse that involves a resource family or respite provider certified by Child Welfare.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015, ORS 419B.020 & ORS 418.205 -418.327
CWP 70-2023, amend filed 06/29/2023, effective 06/29/2023
CWP 11-2021, amend filed 04/27/2021, effective 05/01/2021
CWP 112-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 121-2018, minor correction filed 12/03/2018, effective 12/03/2018
CWP 89-2018, 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 20-2017, renumbered from 413-200-0404, filed 12/26/2017, effective 12/26/2017
CWP 20-2015, f. & cert. ef. 10-1-15
CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12
CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12
CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08

Or. Admin. R. 413-015-0604 Additional Screening Activities When a Report Involves a Resource Family or Respite Provider Certified by Child Welfare

(1) Screener Actions When a Report is Received.

(a) When a screener receives information that involves a resource family or respite provider certified by Child Welfare, the screener must:

(A) Comply with screening requirements in OAR 413-015-0200 to 413-015- 0225 to gather and share information. When the alleged victim in the report is a young adult , references in OAR 413-015-0200 to 413-015- 0225 to "child" include a young adult unless the context indicates otherwise.

(B) Determine if information received:

(i) Meets the definition of abuse in OAR 413-015-0115(1)(a) of a child ; or

(ii) Meets the definition of abuse in OAR 413-015-0115(1)(b) of a child or young adult , unless the abuse alleged is familial.

(i) The assigned caseworker(s) of each child or young adult placed with the resource family or receiving services from the respite provider and the caseworker(s)’s supervisor(s);

(ii) The assigned Child Welfare certifier for the resource family and their supervisor; and

(iii) The assigned Child Welfare certifier for the respite provider and their supervisor (if applicable).

(D) If the information is closed at screening as described in OAR 413-015- 0210(4), notify the individuals listed in paragraph (C) of this subsection that the information was closed at screening.

(E) Notify law enforcement immediately when a crime is suspected to have occurred even if unrelated to a report of abuse of a child or young adult living in a home certified by Child Welfare, or at a home certified by Child Welfare.

(b) When a screener receives information alleging abuse of a young adult living in a home certified by Child Welfare, the screener must:

(A) Provide the information to the Department's Aging and People with Disabilities Division local office, Community Developmental Disabilities Program, or Community Mental Health Program when the young adult is an individual with a diagnosed physical, developmental, or mental disability, respectively; or

(B) Provide the information to law enforcement.

(2) Child Welfare Certifier Actions When a Report is Closed at Screening. When the assigned certifier is notified by a screener that information involving a resource family or respite provider certified by Child Welfare was closed at screening, the certifier must examine the information received and follow OAR 413-200-0270 to 413-200-0298 for certified resource families or OAR 413-205-0000 to 413-205-0085 for certified respite providers.

(3) Assigned Caseworker Actions When a Report is Closed at Screening.

(a) When the assigned caseworker is notified by a screener that information involving a child or young adult on an open case was closed at screening, the assigned caseworker must comply with OAR 413-080-0051.

(b) When a caseworker has not yet been assigned, the CPS worker is responsible for requirements in OAR 413-080-0051.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015, ORS 419B.020 & ORS 418.205 -418.327
CWP 70-2023, amend filed 06/29/2023, effective 06/29/2023
CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 111-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 90-2018, 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 20-2017, renumbered from 413-200-0414, filed 12/26/2017, effective 12/26/2017
CWP 20-2015, f. & cert. ef. 10-1-15
CWP 17-2014, f. & cert. ef. 12-24-14
CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12
CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12
CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08

Or. Admin. R. 413-015-0606 Additional CPS Assessment Activities for a Report Involving a Resource Family or Respite Provider Certified by Child Welfare

(1) CPS Worker and CPS Supervisor Actions.

(a) If the report involving a resource family or respite provider certified by Child Welfare is referred for a CPS assessment , the assigned CPS worker must convene a staffing before making initial contact unless the timing of the staffing will compromise child or young adult safety. The purpose of the staffing is:

(A) To determine and coordinate the response to the referral ;

(B) To notify those listed in OAR 413-015-0604(1)(a)(C) of the referral ; and

(C) To share information regarding the resource family or respite provider, the children or young adults placed in the home or receiving services from the respite provider, any caregivers , and any other individuals living in the home of the resource family or respite provider.

(b) The CPS worker must ensure that the people listed in OAR 413-015-0604(1)(a)(C) and those identified in subsection (c)(B) are invited to the staffing.

(A) Ensure that the staffing discussed in subsection (a) of this section occurs prior to the initial contact unless the timing of the staffing will compromise child or young adult safety;

(B) Determine whether the Child Welfare Program Manager, CPS Consultant, Foster Care Coordinator, Respite Care Coordinator, or any other appropriate personnel should be invited to the staffing; and

(C) If the staffing does not occur prior to the initial contact , ensure the staffing described in subsection (a) occurs the next business day and all the individuals identified in subsection (b) are invited.

(d) The CPS worker must complete the following activities during the CPS assessment :

(A) Comply with CPS assessment requirements in OAR 413-015-0400 to 413-015-0485. When the alleged victim in the referral is a young adult , references in OAR 413-015-0400 to 413-015-0485 to "child" include a young adult unless the context indicates otherwise.

(B) At initial contact , provide the resource family or the respite provider with the appropriate CPS assessment informational pamphlet which includes written information regarding CPS assessments involving resource parents or respite providers.

(C) Prior to conducting an interview with a child or young adult the CPS worker must inform the child or young adult :

(i) When the child or young adult is not in the custody of Child Welfare, that they may have their parent or caregiver or attorney present.

(ii) When the child or young adult is in the custody of Child Welfare, that they may have their attorney present.

(D) Notify and interview the parent or caregiver of any child or young adult residing in the home of a resource family or respite provider certified by Child Welfare who is not in the legal custody of Child Welfare and gain permission to interview the child or young adult . If the CPS worker is denied permission to interview, but such interviews are needed to complete the assessment, the CPS worker should consult with a supervisor and seek the assistance of an assistant attorney general.

(E) Consult with a CPS supervisor before making the decision to remove any child or young adult from the resource family.

(F) Provide ongoing information to the assigned Child Welfare certifiers and to the caseworkers identified in OAR 413-015-0604(1)(a)(C).

(G) Notify law enforcement immediately when a crime is suspected to have occurred even if unrelated to a report of abuse :

(i) To a child or young adult living with a resource family certified by Child Welfare; or

(ii) At the home of a resource family or respite provider certified by Child Welfare.

(H) Determine and document the basis for the determination of whether there is reasonable cause to believe that abuse occurred as outlined in OAR 413-015-1015.

(I) Complete the CPS assessment .

(2) Child Welfare Certifier and Certification Supervisor Actions. When the assigned certifier is notified that information received by a screener involving a resource family or respite provider certified by Child Welfare is referred for a CPS assessment :

(a) Within one business day after the CPS worker has made initial contact , the certifier must contact and notify the resource family or respite provider and provide them with the following information:

(A) The certifier is available to answer questions related to certification but will not discuss the specifics of the CPS assessment ;

(B) The resource family or respite provider is immediately placed on inactive referral status pending the completion of the CPS assessment ;

(C) The resource family or respite provider has the option of having another resource parent or relative resource parentavailable for support during the assessment; and

(D) The names of resource families who have agreed to be available for support.

(b) Within one business day, the certifier must document the initiation of a CPS assessment and the placement of the resource family or respite provider on inactive referral status in provider case notes in the Child Welfare electronic information system.

(c) Within one business day, the certifier must notify Child Welfare staff responsible for placement that the resource family or the respite provider is on inactive referral status.

(d) Within 14 calendar days of the notification required in paragraph (2)(a)(B) of this rule, Child Welfare must provide written notification to the resource family or respite provider that the home has been placed on inactive referral status and place a copy of the written notification in the certification file.

(e) The certifier must provide ongoing information regarding the resource family or respite provider and any individuals living in the home to the assigned CPS worker and the caseworkers of each child or young adult placed in the home.

(f) The certification supervisor must ensure that the actions required in subsections (a) through (e) of this section are completed if the certifier is unavailable.

(3) Assigned Caseworker Actions.

(a) When the assigned caseworker is notified that a report of abuse involving a child or young adult on an open case has been referred for a CPS assessment , the assigned caseworker must comply with OAR 413-080-0051.

(b) When a caseworker has not yet been assigned, the CPS worker is responsible for requirements in OAR 413-080-0051.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015 & ORS 419B.020
CWP 7-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 70-2023, amend filed 06/29/2023, effective 06/29/2023
CWP 11-2021, amend filed 04/27/2021, effective 05/01/2021
CWP 91-2018, 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 20-2017, renumbered from 413-200-0419, filed 12/26/2017, effective 12/26/2017
CWP 20-2015, f. & cert. ef. 10-1-15
CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12
CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12
CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08

Or. Admin. R. 413-015-0608 Additional Activities at the Conclusion of the CPS Assessment on a Resource Family or Respite Provider Certified by Child Welfare

(1) CPS Worker and Supervisor Actions.

(a) In addition to the actions required in OAR 413-015-0400 to 413-015-0485, the CPS worker must convene a staffing within five business days of the completion of the CPS assessment to:

(A) Share information gathered during the CPS assessment , and the results of the CPS assessment ;

(B) Discuss and determine whether any additional actions described in OAR 413-015-0400 to 413-015-0485 are appropriate;

(C) Determine who needs to be notified of the disposition of the CPS assessment and determine which staff will be responsible for providing notification as outlined in this rule and in OAR 413-015-0470;

(D) Discuss certification actions that have been taken and whether any additional actions described in OAR 413-200-0270 to 413-200-0298 for resource families or OAR 413-205-0000 to 413-205-0085 for certified respite providers are appropriate.

(b) The CPS worker must ensure their supervisor and the individuals identified in OAR 413-015-0604(1)(a)(C) and subsection (c)(B) are invited to the staffing.

(A) Must ensure that the staffing, discussed in subsection (a) of this section occurs;

(B) Must determine whether the Child Welfare Program Manager, CPS Consultant, Foster Care Coordinator, Respite Care Coordinator, or other appropriate personnel should be invited to the staffing; and

(C) At the conclusion of any CPS assessment , regardless of the disposition, must immediately notify the assigned caseworkers , the certifier(s), the CPS Consultant, the Foster Care Coordinator, and the Respite Care Coordinator (if appliable), that the CPS assessment has been completed and approved.

(2) When the disposition involves a child or young adult on an open case, the assigned caseworker must comply with the requirements in OAR 413-080-0051.

(3) Child Welfare Certifier and Certification Supervisor Actions at the conclusion of a CPS assessment involving a resource family certified by Child Welfare.

(a) At the conclusion of a CPS assessment involving a resource family certified by Child Welfare, during or within five business days of the meeting required in subsection (1)(a) of this rule, the certifier and certification supervisor must:

(A) Staff the case and review all the information in the CPS assessment ;

(B) Determine whether the information indicates certification actions described in OAR 413-200-0270 to 413-200-0298 should be taken; and

(C) Ensure documentation of the results of the staffing in provider case notes in the Child Welfare electronic information system.

(b) After completing the staffing required in subsection (1)(a) of this rule, if Child Welfare determines:

(A) The Certificate of Approval for the resource family should be revoked, the assigned certifier must initiate revocation of the Certificate of Approval as described in OAR 413-200-0296.

(B) The inactive referral status should continue because one or more of the conditions in OAR 413-200-0294 are present, the assigned certifier must summarize the outcome of the assessment and the reasons for continuing inactive referral status in a letter delivered to the certified family within 10 calendar days of the completed CPS assessment . The certifier must retain a copy of the letter in the certification file.

(C) The certificate will not be revoked after a founded or substantiated or unable to determine or inconclusive disposition, the assigned certifier must:

(i) Submit written documentation supporting the continued certification to the District Manager or Child Welfare Program Manager for approval;

(ii) Upon receiving approval for continued certification from the District Manager or Child Welfare Program Manager, remove the resource family from inactive referral status;

(iii) Within ten business days of receiving approval from the District Manager or Child Welfare Program Manager, send written notification to the resource family that the home is no longer on inactive referral status and retain a copy of the written notification in the certification file; and

(iv) Notify Child Welfare staff responsible for placement that the resource family is no longer on inactive referral status.

(4) Child Welfare Certifier and Certification Supervisor actions at the conclusion of a CPS assessment involving a respite provider certified by Child Welfare.

(a) During or within five business days of the meeting required in subsection (1)(a) of this rule, the certifier and certification supervisor must:

(A) Staff the case and review all the information in the CPS assessment ;

(B) Determine whether the information indicates certification actions described in OAR 413-205-0000 to 413-205-0085 should be taken; and

(C) Ensure documentation of the results of the staffing in provider case notes in the Child Welfare electronic information system.

(b) After completing the staffing required in subsection (1)(a) of this rule, if Child Welfare determines the Respite Certificate of Approval for the respite provider:

(A) Must be revoked after a founded or substantiated disposition, the assigned certifier must initiate revocation of the certificate unless the respite provider voluntarily terminates their certificate as described in OAR 413-205-0025.

(B) Will not be revoked after an unable to determine or inconclusive disposition, the assigned certifier must:

(i) Submit written documentation supporting the continued certification to the District Manager or Child Welfare Program Manager for approval;

(ii) Upon receiving approval for continued certification from the District Manager or Child Welfare Program Manager, remove the respite provider from inactive referral status;

(iii) Within ten business days of receiving approval from the District Manager or Child Welfare Program Manager, send written notification to the respite provider they are no longer on inactive referral status and retain a copy of the written notification in the certification file; and

(iv) Notify Child Welfare staff responsible for placement the respite provider is no longer on inactive referral status.

(5) The CPS worker or supervisor, and the Child Welfare certifier or supervisor must meet with the resource family or respite provider within ten business days of the completion of the CPS assessment to explain the disposition and any certification actions that will be taken unless the resource family or respite provider declines the opportunity for a meeting.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 419B.020, ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.015
CWP 55-2026, amend filed 05/04/2026, effective 05/05/2026
CWP 1-2026, temporary amend filed 01/05/2026, effective 01/05/2026 through 07/03/2026
CWP 70-2023, amend filed 06/29/2023, effective 06/29/2023
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 104-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 92-2018, 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 20-2017, renumbered from 413-200-0424, filed 12/26/2017, effective 12/26/2017
CWP 20-2015, f. & cert. ef. 10-1-15
CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12
CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12
CWP 26-2008, f. & cert. ef. 10-1-08
CWP 17-2008(Temp), f. & cert. ef. 7-17-08 thru 1-13-09
CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08
CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08

Or. Admin. R. 413-015-0801 Purpose and Overview of Third Party CPS Assessment Rules

These rules, OAR 413-015-0800 to 413-015-0885, describe the activities required to sufficiently complete a third party CPS assessment when the referral contains reports of third party abuse only.

History

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
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

Or. Admin. R. 413-015-0803 Assignment of Third Party CPS Assessment

(1) A third party 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, an alleged perpetrator and alleged victim .

History

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
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

Or. Admin. R. 413-015-0804 Receipt of New Information on an Open Third Party CPS Assessment

When a CPS worker receives notification from a screener that a closed at screening or new referral was created on an open third party 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.

History

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
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

Or. Admin. R. 413-015-0805 Third Party CPS Assessment Response Timelines

(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 third party 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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 418.800 & ORS 419B.005 - 419B.050
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

Or. Admin. R. 413-015-0809 Exceptions to Completing a Third Party CPS Assessment

(1) Exception to Completing a third party CPS assessment .

(a) The only exception to completing a third party CPS assessment required by these rules (OAR 413-015-0800 to 413-015-0885) 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 third party 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 or the alleged perpetrator ’s parent or caregiver if the alleged perpetrator is a child ;

(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.

(b) The exception in section (1) of this rule is not permitted and a third party CPS assessment must be completed when the CPS worker has already made contact with the parent or caregiver of the alleged victim , the alleged victim, the alleged perpetrator, or the parent or caregiver of the alleged perpetrator if the alleged perpetrator is a child , unless:

(A) The parent , caregiver , or alleged victim , is the original reporter;

(B) The report was documented under the wrong case and corrected report is created;

(D) The alleged victim is no longer a child;

(c) If contact was made as described in subsection (b), the contact must be documented in the CPS assessment , even if the exception in subsection (a) is granted.

(d) If the exception in section (1) of this rule is granted, the local Child Welfare office is responsible for sending written notice to the alleged perpetrator that a criminal records check was conducted, as described in OAR 413-015-1120, using the form provided by the Department , unless the notification is completed by the Oregon Child Abuse Hotline.

(2) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.

History

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 & ORS 419B.026
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

Or. Admin. R. 413-015-0815 Third Party CPS Assessment Activities

Third party 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 determined 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 alleged perpetrator and the alleged victim that may be useful in completing the third party CPS assessment ;

(C) Make diligent efforts to contact another state's child welfare agency to obtain records, if any, when the CPS worker has information that another state may have information relevant to their third party CPS assessment .

(b) The CPS worker must review the documents to identify information related to:

(A) The current third party CPS assessment ;

(B) History or a pattern of abuse ;

(D) The alleged perpetrator’s functioning ; and

(E) Worker safety.

(2) Address unassessed allegations. If there are allegations of abuse of the alleged victim by the alleged perpetrator identified in the current referral which were not assessed previously because Child Welfare was unable to locate the alleged victim or the alleged perpetrator , the CPS worker must:

(a) Discuss the prior unassessed allegations during interviews;

(b) Consider all information about prior unassessed allegations when determining child safety; and

(3) Contact collateral sources.

(a) The CPS worker must contact collateral sources who can clarify or supplement the information in the referral and in records already reviewed. The CPS worker may contact collateral sources including, but not limited to:

(A) Individuals who may have information related to the third party CPS assessment ;

(B) Individuals who have regular contact with the alleged victim or the alleged perpetrator ;

(D) People who are in an established personal or professional relationship with the alleged victim and alleged perpetrator and who can judge the quality and nature of the alleged victim and alleged perpetrator’s behavior and functioning; and

(E) People who have records or information about the alleged victim and the alleged perpetrator as a result of their involvement with, or exposure to, the alleged victim and alleged perpetrator .

(b) The CPS worker must gather information from collateral sources throughout the third party CPS assessment .

(c) The CPS worker must consult with the assistant attorney general for advice on accessing records from a collateral source if the source is unable or unwilling to share information with Child Welfare.

(d) The Director of Human Services may, by subpoena, compel the production of documents and records, including audio records, video records, photographs, and student records, that the director deems relevant or material to a CPS assessment.

(4) Consult with a CPS supervisor.

(a) The CPS worker must consult with a CPS supervisor or designee:

(A) When the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department or OYA;

(B) When a referral involves a resource family or respite provider certified by Child Welfare,

(i) A child care ;

(ii) A child-caring agency;

(iii) A c hild-caring agency certified proctor foster home;

(iv) An educational provider ;

(v) An ODDS licensed group or host home; or

(vi) An ODDS or OYA certified foster home.

(E) When a CPS worker receives notification from a screener that a closed at screening or new referral was created on an open third party CPS assessment ;

(F) When the referral involves a child fatality;

(G) When making a disposition in a complicated or sensitive situation or case; or

(H) When closing a third party CPS assessment with the disposition of "unable to locate."

(b) The CPS worker must consult with a CPS supervisor or designee and refer to OAR 413-015-0850 if at any point during a third party CPS assessment :

(A) The CPS worker has information the alleged victim , or a child identified as an alleged perpetrator may be unsafe or at risk of being harmed;

(B) The CPS worker is unable to conduct the activities required during a third party CPS assessment because an alleged victim , parent or caregiver, or alleged perpetrator will not allow those activities to occur;

(C) If a CPS worker is unable to contact the alleged victim ’s parent or caregiver , or the alleged perpetrator ’s parent or caregiver if the alleged perpetrator is a child , to notify them of the intent to interview;

(D) If a CPS worker has information indicating notification of an alleged victim ’s parent or caregiver , or the alleged perpetrator’s parent or caregiver if the alleged perpetrator is a child , of the intent to interview may make a child or an adult unsafe; or

(E) The CPS worker determines a child is in present danger and the parent or caregiver is unable to protect the child, and consultation does not delay the safety intervention.

(c) Subject to the discretion of the CPS supervisor , the CPS worker will consult with a CPS supervisor or designee at additional key points during the third party CPS assessment , such as:

(A) Before making initial contacts ; or

(B) When a referral indicates potential danger to the worker.

(5) Contact and work with other entities. The CPS worker may need to work with representatives of other entities to gather and analyze safety-related information to complete the third party CPS assessment .

(b) The CPS worker must report to or contact and work with other entities as follows:

(B) Law enforcement.

(i) If the screener did not cross report, the CPS worker must contact one or more law enforcement agencies (LEA) in accordance with the protocols of the local MDT agreement and in accordance with cross reporting rules, OAR 413-015-0300 to OAR 413-015-0310.

(ii) When there is a joint response involving a CPS worker and LEA staff, the CPS worker is still responsible for all of the activities necessary to complete a third party CPS assessment , which are summarized in OAR 413-015-0800 to 413-015-0885. The CPS worker must, in consultation with a CPS supervisor , determine whether to coordinate assessment activities with LEA in the following situations:

(I) Present danger. When the CPS worker has information that indicates that the alleged victim is unsafe right now.

(II) Parent or caregiver cooperation. When the CPS worker has information the parent or caregiver may not allow the CPS worker to observe or interview the alleged victim .

(III) Alleged perpetrator cooperation. When the CPS worker has information the alleged perpetrator may refuse, or has refused to be interviewed by the CPS Worker .

(IV) Child interview. When the CPS worker and the LEA officer must each interview a child , it is preferable to coordinate the interviews to reduce the number of interactions with the child .

(V) Worker safety. When the CPS worker has information that indicates contact with individuals involved in the third party CPS assessment could pose a danger to the CPS worker .

(VI) Crime committed. When the CPS worker suspects or receives a report that a crime may have been committed.

(C) Multi-Disciplinary Teams (MDTs). Department district managers must develop interagency agreements regarding assessment of child abuse, as necessary, with local MDTs. Requirements for MDT protocols are set out in ORS 418.747.

(D) Nine Tribes of Oregon. If the CPS worker knows or has reason to know the alleged victim or a child identified as an alleged perpetrator is an Indian child due to their affiliation with an Oregon Tribe, the CPS worker must notify the Oregon Tribe of the third party CPS assessment within 24 hoursunless the screener documented completion of this notification in the referral (see OAR 413-115-0040).

(E) Office of Child Care. The CPS worker must notify and coordinate with the Compliance Unit of the Office of Child Care when a report involves a child care , as required by ORS 419B.020(1).

(H) Oregon Youth Authority (OYA). The CPS worker must notify and coordinate with OYA when a report involves a home certified by OYA or a child in the legal custody of OYA.

(I) Probation and parole. The CPS worker must contact probation and parole when the allegation involves an alleged victim or an alleged perpetrator who is supervised by probation or parole.

(J) Public or private schools.

(i) The CPS worker may request school records, including documents and other materials which the education provider must immediately provide as described in ORS 339.388.

(ii) The CPS worker may interview an alleged victim at school if the alleged victim’s parent or caregiver has been notified of the third party CPS assessment and is in agreement that the school is the best environment in which to interview the alleged victim .

(iii) ORS 419B.045 provides requirements for third party CPS assessment s that are conducted on school premises. The CPS worker must do the following:

(I) Notify the school administrator that a third party CPS assessment must be conducted. If the school administrator is a subject of the third party CPS assessment , then notification is not required.

(II) Report to the school office, provide identification, inform school personnel of the third party CPS assessment , and provide the name of the alleged victim to be interviewed.

(III) Request information from school personnel regarding the disabilities of the alleged victim , if any, prior to an interview with the alleged victim .

(IV) Interview the alleged victim out of the presence of other persons unless the CPS worker believes the presence of a school employee or other person would facilitate the interview. If the CPS worker believes that a school employee does not need to be present, but the school employee insists on being present during the interview, the worker may confer with the CPS supervisor for assistance in handling the situation.

(V) Discuss further actions with the alleged victim at the conclusion of the interview.

(VI) Inform school personnel when the interview has been completed.

(VII) Inform school personnel if the alleged victim is taken into protective custody .

(VIII) Inform school personnel that the CPS worker has notified parents of the interview.

(IX) Contact the CPS supervisor if school officials refuse to allow the third party CPS assessment to take place on school property.

(iv) The CPS worker may not interview a child identified as an alleged perpetrator at school.

(6) Obtain interpreters and translation. The CPS worker must obtain the services of a competent interpreter and competent written translation service for individuals interv iewed during the third party CPS assessment, i ncluding hearing-impaired individuals, who have limited or no means of communicating in or reading English.

(7) Take photographs. The CPS worker must, during the third party CPS assessment , take photographs and document, as necessary, abuse and the observable nature of any concerns for the alleged victim’s safety. Prior to taking photographs, the CPS worker must request parental consent.

(a) As provided in ORS 419B.028, a law enforcement officer or the CPS worker may take photographs for the purpose of documenting the child's condition at the time of the third party CPS assessment .

(b) As provided in ORS 419B.028, if the CPS worker conducting a third party CPS assessment observes a child who has suffered suspicious physical injury and the CPS worker is certain or has a reasonable suspicion that the injury is or may be the result of abuse , the CPS worker , in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, will immediately photograph or cause to have photographed the suspicious physical injuries. Regardless of whether the child has previously been photographed or assessed during a third party CPS assessment , the CPS worker will photograph or cause to be photographed any suspicious injuries if the CPS worker is certain or has a reasonable suspicion the suspicious injuries are the result of abuse :

(A) During the third party CPS assessment of a new allegation of abuse ; and

(B) Each time, during the third party CPS assessment , an injury is observed that was not previously observed by the assigned CPS worker .

(A) The person taking the photographs or causing to have the photographs taken must, within 48 hours or by the end of the next regular business day, whichever occurs later:

(i) Provide hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format to the designated medical professional ; and

(ii) Place photographs in the Child Welfare record labeled with the case name, case number, child's name, and date taken.

(d) If the alleged victim or the alleged victim ’s parent or caregiver refuses to allow the CPS worker to take photographs in accordance with ORS 419B.023, immediately consult with a CPS supervisor and refer to OAR 413-015-0850.

(e) The CPS worker must document injuries, hazardous environments, and the observable nature of any concerns for the alleged victim ’s safety in the third party CPS assessment narrative by use of photographs, written description, or illustrations.

(f) Photographs of the anal or genital region may be taken only by medical personnel.

(8) Obtain medical assessment. The CPS worker must, during the third party CPS assessment as required in this section, facilitate a medical assessment of the alleged victim and obtain medical history when necessary to determine a disposition or analyze safety-related information.

(a) When the CPS worker determines that a medical assessment is needed as part of a third party CPS assessment , the CPS worker must consult with a CPS supervisor as soon as possible, but not at the expense of delaying medical treatment.

(b) If a person conducting an third party CPS assessment under ORS 419B.020 observes a child who has suffered suspicious physical injury as defined in ORS 419B.023 and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse , the person must, in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, ensure that:

(A) A designated medical professional conducts a medical assessment within 48 hours of the observation of the suspicious physical injury , or sooner if dictated by the child's medical needs; or

(B) An available physician, physician associate, or nurse practitioner conducts a medical assessment if, after reasonable efforts to locate a designated medical professional , a designated medical professional is not available to conduct a medical assessment within 48 hours. The CPS worker is required to document in the Child Welfare electronic information system efforts to locate the designated medical professional when an available physician, physician associate, or nurse practitioner is used.

(c) The CPS worker must facilitate an assessment by a medical professional if the alleged abuse involves injury to the anal or genital region.

(d) To make arrangements for the medical examination, the CPS worker must do the following, unless completing the action would delay medical treatment or result in severe harm :

(A) Discuss with the parent or caregiver the need for medical examination or treatment and request their consent.

(B) Ask the parent or caregiver to take the child or young adult to a medical facility for a medical examination or treatment.

(D) If the alleged victim ’s parent or caregiver does not consent to the medical assessment pursuant to subsection (b) of this section or actions outlined in subsection (d) of this section, as required by ORS 419B.023, the CPS worker must immediately consult with a CPS supervisor and refer to OAR 413-015-0850.

(E) Immediately seek medical care and consultation when there may be a life-threatening condition, or a deteriorating condition that may become life-threatening.

(F) As soon as possible and not later than 24 hours after learning of the exposure, make arrangements to test for chemical exposure to harmful substances when there is reason to believe an alleged victim has been exposed to dangerous chemicals such as those found in a chemical drug lab.

(f) When a report of suspected medical neglect of an infant with a disability and with life-threatening conditions is referred for third party CPS assessment , the assigned CPS worker must comply with OAR 413-020-0600 to 413-020-0650.

(g) When it is medically indicated to subject a child in the custody of the Child Welfare to HIV testing, the CPS worker must comply with OAR 413-040-0400 to 413-040-0450.

(h) As provided in ORS 147.425, a child who is the victim of a person crime and is at least 15 years of age at the time of the abuse may have a personal representative present during a medical examination. If a CPS worker believes that a personal representative would compromise the third party CPS assessment , a CPS worker may prohibit a personal representative from being present during the medical examination.

(i) When the CPS worker is assessing medical neglect, the CPS worker must consult with a health care professional as part of the third party CPS assessment .

(9) Obtain psychological and psychiatric evaluations.

(a) The CPS worker must obtain consent of the parent or caregiver prior to making a referral for a psychological or psychiatric evaluation of the alleged victim .

(b) The CPS worker must make a referral for a psychological or psychiatric evaluation of the alleged victim by a mental health professional if the evaluation is necessary to determine a disposition or analyze safety-related information during the third party CPS assessment .

(10) Make efforts to locate. When the alleged victim is a child or young adult in substitute care who is missing, the CPS worker must collaborate with the assigned caseworker in attempting to locate the alleged victim .

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 418.747, ORS 418.785, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327
CWP 19-2024, minor correction filed 06/06/2024, effective 06/06/2024
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
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

Or. Admin. R. 413-015-0820 Make Initial Contact on a Third Party CPS Assessment

(1) The CPS worker must make an initial contact, within the assigned response timeline, unless:

(a) A CPS worker determines delaying contact will not compromise child safety or the gathering of time-sensitive information; and

(b) The CPS supervisor approves delaying initial contact because additional time is required to:

(A) Collaborate with law enforcement;

(B) Schedule forensic interviews; or

(2) The CPS worker must provide advanced notification to the Indian tribe of any intent to make contact with an individual on a reservation (as defined in OAR 413-115-0000).

(3) 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 . The purpose of the face-to-face contact and interview with the alleged victim is to gather information regarding possible abuse , gather information about the alleged victim’s functioning and vulnerability, and assess immediate safety.

(A) Interview and observe the alleged victim as follows:

(i) The CPS worker must make diligent efforts to notify alleged victim’s parent or caregiver of the third party CPS assessment and request to interview the alleged victim .

(ii) 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 the CPS worker must wait until the parent or caregiver is present and allows the interview.

(iv) When the CPS worker is denied access to the alleged victim , the CPS worker must, if there is reason to believe the alleged victim may be unsafe , consult with a CPS supervisor and refer to OAR 413-015-0850 as any identified safety concerns must be addressed on a familial case. 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 parents or caregivers , depending on the known safety information;

(III) Consult with the CPS supervisor.

(v) The CPS worker must conduct interviews in a manner that assures privacy.

(vi) If 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 third party 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 a parent or caregiver’s consent. Request their assistance when possible and appropriate.

(III) Consider requesting a worker or other support person 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.

(B) The CPS worker must notify the parents or caregivers the same day the interview occurred. If notification could make a child or adult unsafe , immediately consult with a CPS supervisor and refer to OAR 413-015-0850 .

(b) Interview the parent or caregiver . The purpose of this interview is to find out what the parent or caregiver knows about the alleged abuse , gather safety related information, and gather information to determine if the parent or caregiver is willing and able to protect the alleged victim from the alleged perpetrator . In order to gather sufficient information to make those determinations, f ace-to-face contact with the parent or caregiver may be required.

(A) Whenever practicable, the CPS worker must interview all parents and caregivers as outlined in OAR 413-015-0822.

(B) The CPS worker must provide each parent or caregiver with the appropriate CPS assessment informational pamphlet, which includes written information regarding the third party CPS assessment process.

(C) The CPS worker must interview the non-custodial legal parent during the third party CPS assessment . This is not required during the initial contact but must be completed as part of the assessment process because the non-custodial parent may have essential information. If the interview of the non-custodial legal parent may make a child or adult unsafe , a CPS supervisor may authorize an exception to this requirement based on written documentation that supports the conclusion that an interview with a non-custodial legal parent should not be conducted.

(c) Interview the alleged perpetrator . The purpose of this interview is to evaluate the alleged perpetrator's reaction to allegations of abuse as well as to the alleged victim and their condition, and to gather further information about the alleged perpetrator in relation to the safety of the alleged victim . In order to gather sufficient information, f ace-to-face contact with the alleged perpetrator may be required.

(A) When interviewing the alleged perpetrator , the CPS worker must:

(i) Coordinate the interviews of the alleged perpetrator with LEA when law enforcement is conducting an investigation;

(ii) Consult with a CPS supervisor if an interview with the alleged perpetrator could make a child or adult unsafe and refer toOAR 413-015-0850;

(iii) Provide the alleged perpetrator with a written notice that a criminal records check may be conducted on them; and

(iv) Make inquiries about the employment status of the alleged perpetrator . If the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department of Human Services (DHS) or OYA, the CPS worker must notify a CPS supervisor . The CPS supervisor must notify the DHS Office of Human Resources at the time of the assessment and at the time the assessment is reviewed as required in OAR 413-015-0475. The CPS supervisor must document the notifications in the Child Welfare electronic information system.

(B) In addition to subsection (A), if a c hild has been identified as an alleged perpetrator , the CPS worker must also:

(i) Make diligent efforts to notify the child ’s parent or caregiver of the third party CPS assessment and request to interview the child .

(ii) Ask the child identified as an alleged perpetrator questions to determine if the child is alleged victim of abuse . If it is determined there is report of abuse , the information must be reported to a screener .

(4) Gather safety related information through interviews and observation. The CPS worker must begin to gather safety related information through interviews and observation as outlined in OAR 413-015-0822.

(5) Determine if there is a present danger safety threat. During the initial contact with the alleged victim , the CPS worker must determine, based on the information obtained at that time, if there is a present danger safety threat. If there is reason to believe a child is unsafe , refer to OAR 413-015-0850.

(6) Documentation of the Initial Contact. The CPS worker must document the dates of attempted and successful contacts in the Child Welfare electronic information system. If it was not possible during the initial contact for the CPS worker to successfully complete a required contact, the CPS worker must document why contact was not made and must complete the face-to-face contact and interview as soon as possible.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 147.425, ORS 409.185, ORS 418.015, ORS 418.747, ORS 418.785 & ORS 419B.005 - 419B.050
CWP 7-2026, amend filed 01/28/2026, effective 01/28/2026
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

Or. Admin. R. 413-015-0822 Gather Safety Related Information Through Interview and Observation on a Third Party CPS Assessment

(1) The CPS worker must gather relevant information and facts necessary to complete all parts of the third party 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 as it relates to the alleged victim and, if applicable, a child identified as an alleged perpetrator ; and

(d) Adult functioning as it relates to an alleged perpetrator .

(2) Interview.

(b) When domestic violence is alleged:

(A) And a survivor is not an alleged perpetrator , consider interviewing the survivor first; and

(B) Ask questions about domestic violence in separate interviews only.

(A) Present identification at the beginning of the interview and provide a business card or other document containing the CPS worker 's name and contact information;

(B) Clearly state the reason for the interview, provide statutory authority to assess reports of abuse , and give an explanation of the alleged abuse ;

(D) Assure the privacy of the persons being interviewed;

(E) Focus the interview on gathering safety related information, and information to determine if the parent or caregiver is willing and able to protect the alleged victim from the alleged perpetrator ;

(F) Assess whether there are elements of power and control or coercive tactics consistent with domestic violence present in the information gathered;

(G) When there is an infant in the household, provide educational material about safe sleep practices;

(H) Summarize and discuss the initial impressions and intentions resulting from the interview with the parents or caregivers ;

(I) Obtain from the parents or caregivers the names of persons who can provide additional information in making a safety determination and completing the third party CPS assessment ;

(J) Ask the parents or caregivers to sign an authorization to release information to enable Child Welfare to obtain confidential information from physicians, mental health providers, school employees, or other service or treatment providers, if applicable;

(K) Ask the parents or caregivers to give Child Welfare permission to have the alleged victim medically examined and photographed, if necessary; and

(L) Inform the parents, caregivers, and alleged perpetrators or the parents or caregivers of the alleged perpetrator about the Child Welfare grievance procedure.

(3) Observation.

(a) The CPS worker must observe the alleged victim to assess:

(A) Physical condition of the alleged victim , including any observable effects of abuse ; and

(B) Emotional state of the alleged victim , including mannerisms, signs of fear, and developmental status;

(b) The CPS worker must make diligent efforts to have face to face contact with the parents or caregiver if face to face observation is necessary to gather sufficient information to make a disposition or determine whether the parents or caregivers can protect the child from the alleged perpetrator.

(c) The CPS worker must make diligent efforts to observe the home environment of the alleged victim and/or the alleged perpetrator if necessary to gather sufficient information to make a disposition.

(d) If the Department is not permitted to observe the home environment because the home is a confidential shelter home or a safe house, the CPS worker must gather the information listed in (c) from collateral sources.

(4) When information is gathered or observations made that indicate a child may be a victim of sex trafficking , the CPS worker must determine whether a child is, or is at risk of being, a victim of sex trafficking .

(a) If a determination is made that a child is a victim of sex trafficking the CPS worker must:

(A) Report to a screener the identification of a child as a sex trafficking victim;

(B) Identify and refer to appropriate services; and

(b) If a determination is made that a child is at risk of being a victim of sex trafficking , theCPS worker must identify and refer to appropriate services.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185 & ORS 419B.005 - 419B.050
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
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

Or. Admin. R. 413-015-0825 Determine If There is a Present Danger Safety Threat on a Third Party CPS Assessment

(1) At initial contact and at any time during the third party 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) If the CPS worker determines there is a present danger safety threat , the CPS worker must work cooperatively with the alleged victim’s parent or caregiver to manage child safety. If no parent or caregiver is willing or able to protect the alleged victim , the CPS worker must:

(a) Immediately consult with a CPS supervisor unless doing so would compromise child safety;

(b) Establish a protective action plan as outlined in OAR 413-015-0432 “Develop a Safety Plan” and OAR 413-015-0435, "Develop a Protective Action Plan";

(d) Continue the activities required to sufficiently complete the third party CPS assessment .

History

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
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

Or. Admin. R. 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).

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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 orwas 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

(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 ;

(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.

History

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
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

Or. Admin. R. 413-015-0870 Notifications at Conclusion of Third Party CPS Assessment

(1) Requirements for Providing Notifications. The CPS worker must:

(a) Unless Child Welfare determines disclosure is not permitted under ORS 419B.035, notify the reporter , if the reporter provided Child Welfare with contact information, whether contact was made, whether Child Welfare determined abuse occurred, and whether services will be provided.

(b) Provide verbal notification to the alleged victim's parents , including a non-custodial legal parent , and caregivers of all third party CPS assessment dispositions (unfounded, unable to determine, or founded) and whether Child Welfare will provide services as a result of the t hird party CPS assessment . If the verbal notification of the t hird party CPS assessment disposition and service provision may make a child or adult unsafe, the CPS worker must consult with a CPS supervisor and refer to OAR 413-015-0850. A CPS supervisor may authorize an exception to the requirement to provide the notification based on documentation supporting the conclusion that notification may make a child or adult unsafe.

(c) Provide written notification to perpetrators of founded dispositions and the disposition review process as outlined in OAR 413-010-0700 to 413-010-0750.

(A) If the notification of the t hird party CPS assessment disposition may make an adult unsafe, the CPS worker must consult with a CPS supervisor and discuss ways to partner with the impacted person to promote their safety.

(B) If the notification could make a child unsafe, the CPS worker must consult with a CPS supervisor to discuss ways to partner with the child ’s legal parent, guardian, Indian custodian, or attorney to ensure the child ’s safety.

(C) The Child Safety Program manager or their designee may approve an exception to delivery of written notification, as provided in OAR 413-010-0715.

(e) Provide the Teacher Standards and Practices Commission (TSPC) notification of the completed t hird party CPS assessment when a teacher or school administrator , as defined in OAR 413-015-0115, is identified as an alleged perpetrator in a report . Regardless of the disposition, a copy of the completed t hird party CPS assessment must be sent to TSPC after information related to the reporter's identity and other confidential information is removed.

(f) Provide the Office of Developmental Disabilities Services (ODDS) notification of the completed third party CPS assessment when a t hird party CPS assessment involves a home certified by ODDS. Regardless of the disposition, a copy of the completed t hird party CPS assessment must be sent to ODDS after information related to the reporter's identity and other confidential information is removed.

(g) Provide Oregon Youth Authority (OYA) notification of the completed t hird party CPS assessment when a t hird party CPS assessment involves a home certified by OYA. Regardless of the disposition, a copy of the completed t hird party CPS assessment must be sent to OYA after information related to the reporter's identity and other confidential information is removed.

(h) Provide Disability Rights Oregon notification of the completed t hird party CPS assessment when a report of abuse was alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. Regardless of the disposition, a copy of the completed t hird party CPS assessment must be sent to Disability Rights Oregon after information related to the reporter's identity and other confidential information is removed.

(2) Documentation of notifications. The CPS worker must document the notifications as described in this rule in the Child Welfare electronic information system and the documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(d) That the notifications have been attempted or made within the following timelines:

(A) Prior to completing the third party CPS assessment for a notification provided under subsection (1)(a) of this rule.

(B) Within five business days of supervisory approval of the third party CPS assessment for a notification provided under subsection (1)(b) through (1)(d) of this rule.

History

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 & ORS 418.205 - 418.327
CWP 59-2026, amend filed 06/01/2026, effective 06/01/2026
CWP 38-2026, temporary amend filed 02/25/2026, effective 03/01/2026 through 08/27/2026
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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 .

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 413-015-1015 Making the CPS Assessment Disposition Determination

(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 that is likely to endanger the health or welfare of the child. 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 may include, but is not limited to 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 controlled substance, as defined in ORS 475.005, or to the unlawful manufacturingof a cannabinoid extract, as defined in ORS 475C.009, that subjects a child to a substantial risk of harm to the child's health or safety. When the CPS worker is making a determination of physical neglect based on a substantial risk of 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;

(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.

(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.

(2) Except as provided in section (3) of this rule or when the abuse is familial or third party abuse, abuse of a child in care when the child in care lives with a resource family or receives services from a respite provider certified by Child Welfare includes, among others, the behavior, conditions, and circumstances described in this section.

(a) Abandonment, including desertion or willful forsaking of a child in care, or the withdrawal or neglect of duties and obligations owed a child in care by a resource parent or respite provider certified by Child Welfare, a caregiver, or other person.

(b) Financial exploitation.

(A) Financial exploitation includes:

(i) Wrongfully taking the assets, funds, or property belonging to or intended for the use of a child in care.

(ii) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys or property of the child in care if the child in care would reasonably believe that the threat conveyed would be carried out.

(iii) Misappropriating, misusing, or transferring without authorization any moneys from any account held jointly or singly by a child in care.

(iv) Failing to use the income or assets of a child in care effectively for the support and maintenance of the child in care.

(B) Financial exploitation does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of, privileges.

(C) Involuntary seclusion. Involuntary seclusion means confinement of a child in care alone in a room or an enclosed space from which the child in care is prevented from leaving by any means. A resource parent or respite provider certified by Child Welfare may not put a child in care into involuntary seclusion.

(i) Involuntary seclusion includes:

(I) Involuntary seclusion of a child in care for the convenience of a resource parent or respite provider certified by Child Welfare.

(II) Involuntary seclusion of a child in care to discipline the child in care.

(III) Involuntary seclusion of a child in care as a form of punishment.

(IV) Involuntary seclusion of a child in care done in retaliation.

(A) Failure to provide the care, supervision, or services necessary to maintain the physical and mental health of a child in care; or

(B) The failure of a resource parent or respite provider certified by Child Welfare, a caregiver, or other person to make a reasonable effort to protect a child in care from abuse.

(d) Physical abuse, which includes:

(A) Any physical injury to a child in care caused by other than accidental means, or that appears to conflict with the explanation given of the injury; or

(B) Willful infliction of physical pain or injury upon a child in care.

(e) Sexual abuse, which includes:

(A) Sexual harassment.

(B) Sexual exploitation.

(C) Exposing a child in care to sexually explicit material or language that does not serve a legitimate medical, scientific, or educational purpose. This also includes any exposure to sexually explicit conduct involving a child.

(D) Sexual contact with a child in care, including, but not limited to:

(i) Any sexual contact between a child in care and a resource parent or respite provider certified by Child Welfare, a caregiver, or other person responsible for the provision of care or services to a child in care;

(ii) Any sexual contact between a person and a child or young adult that is unlawful under ORS chapter 163 and not subject to a defense under that chapter, including, but not limited to:

(I) Rape (ORS 163.355, 163.365, 163.375);

(II) Sodomy (ORS 163.385, 163.395, 163.405);

(III) Unlawful sexual penetration (ORS 163.408,163.411);

(IV) Sexual abuse (ORS 163.415, 163.425, 163.427); or

(V) Incest (ORS 163.525).

(iii) Any sexual contact that is achieved through force, trickery, threat, or coercion.

(E) Private indecency (ORS 163.467).

(F) Public indecency (ORS 163.465).

(G) Sex trafficking.

(f) Verbal abuse.

(A) Verbal abuse includes threatening severe harm, either physical or emotional, to a child in care through the use of:

(i) Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or

(ii) Harassment, coercion, threats, compelling or deterring conduct by threats, humiliation, mental cruelty, or inappropriate sexual comments.

(B) Verbal abuse does not include age-appropriate discipline that may involve the threat to withhold privileges.

(g) Wrongful use of restraint. A resource parent or respite provider certified by the Child Welfare or a caregiver may not use a restraint on a child in care.

(A) Wrongful restraints do not include:

(i) Holding the child in care's hand or arm to escort the child in care safely and without the use of force from one area to another; or

(ii) Assisting the child in care to complete a task if the child in care does not resist the physical contact.

(B) A resource parent or respite provider certified by Child Welfare may use a physical intervention if:

(i) The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

(ii) The physical intervention uses the least amount of physical force and contact possible; and

(iii) The physical intervention is not a prohibited restraint described in ORS 418.519 and 418.523.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.185, ORS 419B.005 - 419B.050, ORS 418.205 - 418.327 & ORS 418.519 - 418.523
CWP 56-2026, amend filed 05/04/2026, effective 05/05/2026
CWP 2-2026, temporary amend filed 01/20/2026, effective 01/20/2026 through 06/29/2026
CWP 19-2025, temporary amend filed 12/23/2025, effective 01/01/2026 through 06/29/2026
CWP 22-2024, minor correction filed 07/26/2024, effective 07/26/2024
CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024
CWP 1-2024, minor correction filed 01/10/2024, effective 01/10/2024
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 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022
CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 108-2020, minor correction filed 02/18/2020, effective 02/18/2020
CWP 98-2018, 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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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.

History

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
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

Or. Admin. R. 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;

(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 individualdefined 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.

History

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
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

Or. Admin. R. 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;

(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

History

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
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

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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

Or. Admin. R. 413-015-1220 Assessment of an Individual's Involvement in Safety Management

(1) To assess an individual as a safety service provider for a specific family in a protective action plan, initial safety plan, or an ongoing safety plan, the CPS worker or caseworker must take all of the following actions:

(a) Identify and contact an individual who is a prospective safety service provider.

(b) Gather information from the individual regarding his or her:

(A) Relationship with the child and the child's family; and

(B) Willingness and ability to fulfill the specific role and responsibilities of a safety service provider for the identified family.

(c) Provide the individual with information regarding the specific role and responsibility of the individual to assist in managing the child's safety.

(d) Search the Child Welfare electronic information system and review any historic information regarding the individual that may be useful in assessing the individual's ability to be a safety service provider.

(e) If in an individual's role as a safety service provider the individual will have contact with the child, conduct a criminal records check on the individual using LEDS, provide LEDS notice as described in "Access to Law Enforcement Data System in Local Child Welfare Offices" OAR 413-015-1100 to 413-015-1125, and review the individual's criminal history to assess the individual's ability to be a safety service provider.

(2) After the CPS worker or caseworker has considered all the information gathered pursuant to section (1) of this rule, the CPS worker or caseworker must determine the individual's suitability as a safety service provider. In making this determination, the worker must consider whether the individual is willing and able to:

(a) Assist in managing the safety of the child;

(b) Cooperate with any restrictions on contact between the child and others;

(d) Fulfill the identified role and responsibilities required of the individual in a protective action plan, initial safety plan, or an ongoing safety plan.

(3) The CPS worker or caseworker must consult with and receive approval from a supervisor prior to engaging an individual as a safety service provider whenever the individual's past behaviors, conditions, or circumstances include one of the items listed in the subsections of this section so long as those behaviors, conditions, or circumstances do not impact negatively the individual's ability to fulfill the specific role and responsibilities in managing the child's safety:

(a) A record of abuse;

(b) A criminal history; or

(4) The CPS worker or caseworker must document in the Child Welfare electronic information system:

(a) The basis for the determination regarding whether an individual is suitable as a safety service provider; and

(b) The supervisor who provided the approval required in section (3) of this rule.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 28-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 95-2018, 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 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 9-2010, f. & cert. ef. 7-1-10

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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

Division 17 CRITICAL INCIDENT REVIEW TEAM (CIRT) AND DISCRETIONARY REVIEWS

Or. Admin. R. 413-017-0045 Purpose of a Critical Incident Review Team

(1) The purpose of assigning a CIRT is to increase child safety by:

(a) Rapidly drawing lessons from a critical incident to improve systems administered by the Department;

(b) Increasing the Department’s accountability to the public;

(d) Ensuring timely responses by the Department with respect to a critical incident and recommendations that result from the critical incident reviews;

(e) Increasing the Department’s ability to address and recommend necessary changes to systems.

(2) Reviews conducted as provided in these rules are in addition to and separate from reviews conducted by a county Multi-Disciplinary Team pursuant to ORS 418.747, a State Fatality Review Team pursuant to ORS 418.748 , or activities related to documented Department processes for notification and review of child fatalities.

History

Statutory/Other Authority: ORS 418.005 & ORS 419.024
Statutes/Other Implemented: ORS 418.005 & ORS 419.024
CWP 47-2019, adopt filed 09/27/2019, effective 10/01/2019

Or. Admin. R. 413-017-0050 Definitions

Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 017.

(1) "Child" means child as defined in OAR 413-015-0115.

(2) “Abuse” means abuse as defined in OAR 413-015-0115 of a child .

(3) "Child protective services assessment" means CPS assessment as defined in OAR 4130-15-0115.

(4) "Critical incident" means an incident that resulted in the death of a child if the Department reasonably believes the death was the result of child abuse and:

(a) The deceased child was in the custody of the Department at the time of the fatality; or

(b) The deceased child , the deceased child’s sibling , or any other child living in the household with the deceased child was the subject of a CPS assessment by the Department within the 12 months preceding the fatality; or

(c) The child , the child’s sibling , or any other child living in the household with the child had a pending child welfare or adoption case with the Department within the 12 months preceding the fatality; or

(d) The deceased child , the deceased child’s sibling , or any other child living in the household with the deceased child was the subject of a report of abuse made to the Department or a law enforcement agency within the 12 months preceding the fatality, whether the report of abuse was closed at screening or assigned for CPS assessment .

(5) "Critical Incident Review Team (CIRT)"means adesignated committee, assigned by the Department director, to conduct an executive review of a critical incident .

(6) "Custody" means legal custody as described in ORS 419B.373.

(7) "Department" means the Oregon Department of Human Services.

(8) “Designated Medical Professional” means Designated Medical Professional as defined in OAR 413-015-0115.

(9) “Indian Tribe” means Indian Tribe as defined in OAR 415-115-0000.

(10) "Sibling" means sibling as defined in OAR 413-030-0000.

History

Statutory/Other Authority: ORS 418.005 & ORS 419B.024
Statutes/Other Implemented: ORS 418.005 & ORS 419B.024
CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019
CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018
CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18

Or. Admin. R. 413-017-0070 Assigning a CIRT

(1) The Department director or designee must assign a CIRT every time a fatality is determined to be a critical incident .

(2) The Department must assign a CIRT no later than the earlier of:

(a) Ten days after the Department becomes aware of a fatality that the department reasonably believes is the result of child abuse; or

(b) Seven days after the Department causes an investigation under ORS 419B.020 to be made into the nature and cause of a fatality when the department reasonably believes the fatality is the result of child abuse

(3) Membership of a CIRT:

(a) CIRT members must include:

(A) The director or a deputy director of the Department;

(B) The Child Welfare director or Child Welfare deputy director;

(D) If available, a representative of a local CASA Volunteer Program, as defined in ORS 419A.004.

(b) CIRT members may include:

(A) An attorney from the Department of Justice assigned to provide legal advice and representation to the Department on the matter of the critical incident ;

(B) A CPS Program Manager or designee;

(D) Members of the public as appropriate;

(E) A juvenile court judge appointed by the Chief Justice of the Oregon Supreme Court;

(F) A member of a local citizen review board established under ORS 419A.090 whose service area does not include the location where the critical incident occurred;

(G) A state Senator appointed by the President of the Senate and a state Representative appointed by the Speaker of the House of Representatives. A state Senator or state Representative is ineligible for appointment to a CIRT if:

(i) The critical incident occurred in the person’s district;

(ii) The person had prior contact with or knowledge of the deceased child or the deceased child’s family;

(iii) The person is a family member of any person associated with the case.

(H) The District Manager for the county in which the critical incident occurred;

(I) The Program Manager for the local Child Welfare office in which the critical incident occurred;

(J) Child Welfare supervisors assigned to supervise the caseworkers involved in the identified case;

(K) The Department supervisors assigned to supervise Department personnel responsible for certification or licensing, if the incident involved a child living in a home certified by the Department or an agency licensed by the Department; and

(L) A representative of an Indian tribe ;

(M) A Designated Medical Professional ;

(N) Other Department personnel as appropriate.

(4) Once a CIRT has been assigned by the Department Director, it cannot be recalled. If the Department’s investigation into the critical incident results in a finding that the report of child abuse is unfounded or cannot be determined as described in ORS 491B.036, the Department shall prepare and submit a final CIRT report as required under ORS 413-017-0085

(5) The Department must immediately make the following information regarding the critical incident available on the Department’s public website:

(a) The date of the critical incident and the age of the deceased child ;

(b) Whether the child was in the custody of the Department at the time of the critical incident or the fatality;

(c) Whether there was an open CPS assessment under ORS 419B.020 regarding the child at the time of the critical incident or the fatality;

(d) The date the Department assigned the CIRT;

(e) The due date for the CIRT’s final report.

History

Statutory/Other Authority: ORS 418.005 & ORS 419B.024
Statutes/Other Implemented: ORS 418.005 & ORS 419B.024
CWP 17-2025, amend filed 09/19/2025, effective 09/19/2025
CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019
CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018
CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18

Or. Admin. R. 413-017-0080 CIRT Functioning

Functioning.

(1) CIRT members must:

(a) Review all information and records available to the Department regarding the critical incident .

(b) Maintain the confidentiality of information and records provided by the Department and only disclose the information or record as may be necessary to carry out the purposes of a CIRT’s case review.

(d) Not designate an individual to appear for a meeting on a member’s behalf.

(e) Conduct a case review and investigation focusing primarily on the history of the safety and well being of the child who was involved in the incident that led to the fatality and any other children who may be impacted by the circumstances surrounding the incident;

(f) Document and make a part of the record of the case review all the team conclusions and decisions.

(2) A CIRT may:

(a) Meet when one or more members are absent.

(b) During its review, include or consult with the District Attorney from the county in which the critical incident occurred pursuant to ORS 419B.024 as amended by Oregon Laws 2017, chapter 469.

(c) After submission of the final report and upon conclusion of any criminal investigation or prosecution arising out of the critical incident , meet with members of law enforcement that investigated the child fatality or with the prosecuting attorneys who prosecuted the case, to review the conclusions and recommendations of a CIRT and the submitted reports.

History

Statutory/Other Authority: ORS 418.005 & ORS 419B.024
Statutes/Other Implemented: ORS 418.005 & ORS 419B.024
CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019
CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018
CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18

Or. Admin. R. 413-017-0085 CIRT Final Reports

(1) Each CIRT must submit a final report to the Department and share the report to the Department's public website.

(a) Timelines for the final report:

(A) The final report must be submitted to the Department no later than the 100th day following the date the Department appointed a CIRT.

(B) The Department must publish the final report on the Department’s website no later than 10 days after the department receives the report from a CIRT.

(C) The Department director has the discretion to extend the timeline for sharing the final report to the public website when:

(i) The report, even if modified, will compromise a law enforcement agency investigation; and

(ii) The public interest does not outweigh the potential consequences of disclosure.

(b) When sharing the final report has been delayed, the Department must provide the following information on the public website:

(A) The status of an expected publication date for the final report;

(B) Any information the Department determines will not compromise a law enforcement agency investigation;

(2) Components of a CIRT final report.

(a) CIRT final reports must be written in a manner that respects the dignity of the child , the child’s family and those involved in the critical incident case and must also include:

(A) The date the Department first became aware of the critical incident and, if different, the date the critical incident was assigned for a CPS assessment ;

(B) A description of the critical incident ;

(C) The CPS assessment disposition specific to the critical incident as required in ORS 419B.026 and the date the disposition was determined;

(D) The date the Department’s director or designee assigned a CIRT;

(E) The date a CIRT submitted the final report to the Department;

(F) Whether members of the public were appointed to a CIRT;

(G) The number of meetings held and dates of the meetings;

(H) The number of participants at each meeting;

(I) A description of all Department contacts related to the critical incident including all contacts with the deceased child , the deceased child’s siblings or the deceased child’s parents, foster parents or other caretakers.

(J) A description of relevant alleged abuse of other children in the deceased child’s home at the time of the critical incident ;

(K) A description of relevant prior Department reports regarding the deceased child , deceased child’s siblings or the deceased child’s parent, foster parents or other care takers which must include including:

(i) A summary of the specific nature of any abuse allegations;

(ii) A summary of the Department’s assessment activities related to any allegations of abuse;

(iii) The disposition of the reports, including whether the reports were assigned for assessment or investigations.

(L) A description of any concerns the team has regarding actions taken or not taken by the Department or law enforcement agencies in response to the critical incident or events that led to the critical incident .

(b) A CIRT final report must not include:

(A) Confidential information that may not be disclosed to the public pursuant to state or federal law; and

(B) The names of any person assigned to the team or any personally identifiable information regarding any person involved in the critical incident case, including but not limited to employees of the Department, the Oregon Health Authority or law enforcement.

History

Statutory/Other Authority: ORS 418.005 & ORS 419B.024
Statutes/Other Implemented: ORS 418.005 & ORS 419B.024
CWP 47-2019, adopt filed 09/27/2019, effective 10/01/2019

Or. Admin. R. 413-017-0095 Discretionary Review

When a CIRT is not required under OAR 413-017-0060 and ORS 419B.024, and the Department has received a reportof abuse that has resulted in a child fatality or serious physical injury of a child , the Department director or designee has the discretion to order an internal review of the incident.

History

Statutory/Other Authority: ORS 418.005 & ORS 419B.024
Statutes/Other Implemented: ORS 418.005 & ORS 419B.024
CWP 47-2018, adopt filed 06/19/2018, effective 06/19/2018
CWP 19-2018, temporary adopt filed 03/06/2018, effective 03/06/2018 through 09/01/2018

Division 20 CASE MANAGEMENT

Or. Admin. R. 413-020-0000 Definitions

The following definitions apply to OAR chapter 413, division 20.

(1) "Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult, setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the pre-adoptive family or adoptive family and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(2) "Adoptive family" means an individual or individuals who have legalized a parental relationship to the child through a judgment of the court.

(3) "Age-appropriate or developmentally appropriate activities" means:

(a) Activities or items that are generally accepted as suitable for children or young adults of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or young adult, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child or young adult, activities or items that are suitable for the child based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.

(4) "BRS" means Behavior Rehabilitation Services, a Medicaid-funded program that provides behavioral intervention, counseling, or skill building services in a professional, shelter, or residential (including therapeutic foster care formerly referred to as proctor care) placement setting.

(5) "CANS screener" means an individual, who performs CANS screenings under the supervision of the Level of Care Manager or designee, and who annually completes the training in the use of the Oregon CANS Comprehensive Screening Tool with a documented reliability score of 0.70 or greater.

(6) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult:

(a) To identify case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family;

(b) To determine the level of care payment while in substitute care with a certified family; and

(c) To determine if a child or young adult qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment.

(7) “CANS rescreen” means a type of CANS screening that is completed when a child or young adult is living with a certified family and the certified family has observed ongoing, documented changes in behavior or functioning which:

(a) Have not improved after a revision of the supervision actions and activities provided by the certified family and other individuals, and the last CANS screening was completed more than 90 days prior to the rescreen referral date; or

(b) Endanger the safety of the child or young adult or the safety of others and the last CANS screening was completed more than 90 days prior to the rescreen referral date; or

(8) "Caseworker" means the agency staff person assigned primary responsibility for a child or young adult served by the Department.

(9) "Certifier" means a Child Welfare employee who conducts assessments of applicants interested in providing relative or foster care to a child or young adult in the care or custody of the Department, determines whether or not to recommend approval of the operation of a relative care or foster care home, and monitors the compliance of a relative care or foster care home with Child Welfare certification rules.

(10) "Child" means a person under 18 years of age.

(11) "Department" means the Department of Human Services, Child Welfare.

(12) "Designated Consultant Neonatologist" means a neonatologist whose services are available to Child Welfare to review medical information and consult with Child Welfare and other experts deemed necessary in cases of suspected medical neglect.

(13) "Designated hospital liaison" means an individual, usually the hospital administrator, designated by each respective hospital to assist Child Welfare with coordination, consultation, and prompt notification of suspected cases of medical neglect.

(14) "Disabled infant" means a child of less than one year of age having a physical or mental impairment which may substantially limit one or more major life functions such as breathing, seeing, hearing, walking, caring for oneself, performing manual tasks, learning, and working.

(15) "Enhanced supervision" means the additional support, direction, observation, and guidance necessary to promote and ensure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment.

(16) "Guardian" means an individual who has been granted guardianship of the child through a judgment of the court.

(17) "Guardianship assistance" means assistance provided on behalf of an eligible child or young adult to offset the costs associated with establishing the guardianship and meeting the ongoing needs of the child or young adult. "Guardianship assistance" may be in the form of payments, medical coverage, or reimbursement of nonrecurring guardianship expenses.

(18) "Guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the guardian of an eligible child or young adult setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the guardian and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(19) "Hospital Review Committee (HRC)" is a committee established by a medical facility or hospital to offer counsel and review in cases involving a disabled infant with life-threatening conditions.

(20) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(21) "Indian custodian" means any Indian, other than the Indian child's parent, who has custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, and control has been transferred by the Indian child's parent.

(22) "Legal custodian" means a person, agency, or institution with legal custody of a child and all of the following duties and authority:

(a) To have physical custody and control of a child.

(b) To supply the child with food, clothing, shelter, and incidental necessities.

(d) To authorize ordinary medical, dental, psychiatric, psychological, and other remedial care or treatment for the child and, in an emergency where the child's safety appears urgently to require it, to authorize surgery or other extraordinary care.

(e) To make such reports and to supply such information as the court may require.

(f) To apply for any benefits to which the child is entitled and to use them to pay for the child's care.

(23) "Legal custody" means that a person or agency has legal authority:

(a) To have physical custody and control of a child;

(b) To supply the child with food, clothing, shelter and other necessities;

(d) To authorize medical, dental, psychiatric, psychological, hygienic or other remedial care or treatment for the child, and in any emergency where the child's safety appears urgently to require it, to authorize surgery or other extraordinary care; and

(e) "Legal custody" includes temporary custody of a child under an order of a court.

(24) "Level of care payment" means the payment provided to an approved or certified family based on the child or young adult's need for enhanced supervision as determined by applying the CANS algorithm to the results of the CANS screening.

(25) "Medical neglect" means the failure to provide adequate medical care, including the withholding of medically indicated treatment, from a disabled infant with life-threatening conditions.

(26) "Medical Neglect Investigator" means Child Welfare staff designated and trained to provide consultation and complete investigations of alleged medical neglect reports.

(27) "Medically indicated treatment" means treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician's reasonable medical judgment, is most likely to be effective in amelioration or correcting a life-threatening condition. It does not include the failure to provide treatment other than nutrition, hydration, or medication to an infant when, in the treating physician's reasonable medical judgment, any of the following circumstances apply:

(a) The infant is chronically irreversibly comatose.

(b) The provision of such treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of survival of the infant.

(c) The provisions of treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.

(28) "Participating tribe" means a federally-recognized Indian tribe in Oregon with a Title IV-E agreement with the Department.

(29) "Permanent custody" means legal custody of a child:

(a) Who has been permanently committed to the Department by the juvenile court after parental rights have been terminated under ORS 419B.527; or

(b) Who has been released and surrendered to the Department by the parents under ORS 418.270.

(30) "Physical custodian" means a person or agency, including a child's legal or biological parent, a relative, foster parent, adoptive parent, or a licensed child-caring agency who is authorized by the Department to provide a residence and day-to-day care for a child who is in the legal custody of the Department.

(31) "Potential guardian" means an individual who:

(a) Has been approved by the Department or participating tribe to be a child's guardian; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(32) "Pre-adoptive family" means an individual or individuals who:

(a) Has been selected to be a child's adoptive family; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(33) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult to participate in extracurricular, enrichment, cultural, and social activities.

(34) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(35) "Relative Resource Parent" means a person defined as a "relative" under OAR 413-070-0000 who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(36) "Resource parent" means a person who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(37) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(38) "Supervision plan" means a documented set of strategies that is developed to assist a relative caregiver or foster parent in providing the additional support, observation, direction, and guidance necessary to promote and ensure the safety and well-being of a child or young adult.

(39) "Voluntary custody" means legal custody given to the Department, by written agreement, by a parent, guardian, or Indian custodian of a child.

(40) "Voluntary Custody Agreement" means a written agreement between the Department and the parent, guardian, or Indian custodian of a child, which transfers legal custody to the Department; the Department assumes all parental authority and responsibilities that the agreement does not specifically reserve to the parents, guardians or Indian custodian as permitted by state law; and the Department provides the child substitute care or treatment, or both, if the family falls within a circumstance described in OAR 413-020-0010(2)(a)-(c).

(41) "Voluntary Placement Agreement" means a binding, written agreement between the Department and the parent, guardian, or Indian custodian of a child that does not transfer legal custody to the Department but that specifies, at a minimum, the legal status of the child and the rights and obligations of the parent, guardian, Indian custodian, the child, and the Department while the child is in placement.

(42) “Voluntary Placement Agreement for a Young Adult” means a binding, written agreement between the Department and a qualifying young adult that does not transfer custody to the Department but that specifies, at a minimum, the legal status, rights and obligations of the young adult and the Department while the young adult is in placement.

(43) "Withholding of medically indicated treatment" means the failure to respond to an infant's life-threatening condition.

(44) "Young adult" means a person aged 18 through 20 years.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.056, ORS 418.015, ORS 418.270, ORS 418.275, ORS 418.280 & ORS 418.285
CWP 16-2024, amend filed 05/31/2024, effective 06/03/2024
CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 06/17/2024
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018
CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019
CWP 39-2018, amend filed 04/26/2018, effective 04/26/2018
CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018
CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 22-2015, f. & cert. ef. 10-6-15
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0005 Purpose

The purpose of OAR 413-020-0005 to 413-020-0050 is to describe:

(1) The circumstances in which parents, guardians, or Indian custodians and the Department may enter into a Voluntary Custody Agreement concerning a child who is in the legal custody of the parents or guardians; and

(2) The responsibilities of the parents, guardians, or Indian custodians and the Department in connection with these agreements.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.056, 418.015, 418.270, 418.275, 418.280 & 418.285
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02

Or. Admin. R. 413-020-0010 Voluntary Custody Agreement

(1) Under a Voluntary Custody Agreement , the parent, guardian, or Indian custodian gives the Department the legal custody of the child . The Department assumes all parental and legal responsibilities that the agreement does not specifically reserve to the parents, guardians, or Indian custodian as permitted under ORS 418.015 and becomes the child’s legal custodian .

(2) It is appropriate for the Department to place a child in substitute care and provide services if all of the following subsections apply:

(a) The parent, guardian or Indian custodian requests the Department take custody of the child .

(b) The parent, guardian or Indian custodian is immediately and temporarily unable to fulfill his or her parental responsibilities.

(A) The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult who is well known to the child .

(B) The parent, guardian, or Indian custodian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition.

(C) The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration in conjunction with intensive services is likely to reunite the family and reduce safety concerns.

(3) If the Department knows or has reason to know the child is an Indian child , who is an enrolled member of or may be eligible for membership in a Tribal Nation, the Department must refer to and comply with. OAR chapter 413 division 115.

(4) A Child Welfare Program Manager must approve entering into a Voluntary Custody Agreement .

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.056, ORS 418.015, ORS 418.270, ORS 418.275, ORS 418.280 & ORS 418.285
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0020 Legal Consent

(1) Only a parent , guardian, or Indian custodian who has legal custody of the child may enter into a Voluntary Custody Agreement (CF 1005).

(2) All persons who have legal custody of the child must sign the agreement unless one person with legal custody of the child is missing.

(3) If one person with legal custody of the child is missing, all other persons with legal custody of the child must sign the agreement and must provide the Department the persons and places likely to have knowledge of the missing whereabouts. The Department must immediately begin a reasonably diligent search to find the other person with legal custody of the child to provide them notice of the agreement.

(4) The parent , guardian, or Indian custodian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.

(5) If the Department knows or has reason to know the child is an Indian child , the caseworker must refer to and comply with OAR chapter 413 division 115 and each parent or Indian custodian who has legal custody must sign the Voluntary Custody Agreement in a hearing before a judge of a court with appropriate jurisdiction. The child must be more than 10 days old.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0025 Developing the Family Support Services Case Plan when a Parent, Legal Guardian, or Indian Custodian Enters into a Voluntary Custody Agreement with Child Welfare

(1) The caseworker must develop a family support services case plan as described in OAR 413-030-0016 with the parent, guardian, or Indian custodian who signs a Voluntary Custody Agreement .

(2) The caseworker must develop a visit and contact plan as described in OAR 413-070-0800 to 413-070-0880.

(3) The parent, guardian, or Indian custodian must agree to:

(a) Full and ongoing cooperation in developing the family support services case plan as described in OAR 413-030-0006(2)(a)-(c) and making decisions for the child based on the identified needs;

(b) Visit and financially support the child to the fullest extent possible; and

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0040 Required Reviews

Federal and state law, including the Adoptions and Safe Families Act (Pub. L. 105-89), require review of the cases of all children placed in substitute care . The child placed by the Department with a Voluntary Custody Agreement will be scheduled for Citizen Review Board and court reviews pursuant to OAR 413-040-0100 to 413-040-0170.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0045 Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age

(1) The Department determines that the child will need placement services after reaching 18 years of age and continues a Voluntary Custody Agreement after the child reaches 18 years per ORS 418.027(5) if:

(a) One of the conditions in OAR 413-020-0010(2)(a)-(c), which led the Department to assume voluntary custody of the child , continues at the time of the child’s 18th birthday;

(b) The young adult agrees to the Department ’s continued assumption of all parental and legal responsibilities that the Voluntary Custody Agreement does not specifically reserve to the parent, guardian, or Indian custodian ;

(2) The court must determine continued custody is in the best interests of the young adult and approve the continuation of the Voluntary Custody Agreement every 180 days.

History

Statutory/Other Authority: ORS 418.005, 418.027 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & 418.027
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0050 Termination of Voluntary Custody Agreement

(1) Either the Department or a parent, guardian, or Indian custodian who signed the agreement may terminate the agreement by providing 48 hours written notice. If an agreement continues after the child reaches 18 years of age, a young adult may terminate the agreement by providing 48 hours written notice.

(2) If a parent, guardian, or Indian custodian requests the termination of the Voluntary Custody Agreement and there is reason to believe the child will be unsafe if returned to the home of the parent, guardian, or Indian Custodian , the caseworker must report the information to a CPS screener.

(3) If the withdrawal of consent is by a parent, guardian, or Indian Custodian concerning a child who is an Indian child under the Indian Child Welfare Act, who is in substitute care and the subject of a " Voluntary Custody Agreement " with the Department , the following applies:

(a) The parent, guardian , or Indian custodian may withdraw consent orally or in writing at any time;

(b) An Indian child shall immediately be released to the parent, guardian, or Indian custodian upon withdrawal of a voluntary consent; and

(c) Notification to the court, and other actions are required when return of an Indian child to the parent, guardian, or Indian custodian would place the child in imminent danger or harm.

History

Statutory/Other Authority: ORS 418.005, ORS 418.027 & ORS 409.050
Statutes/Other Implemented: ORS 418.027 & ORS 418.015
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 2-2003, f. & cert. ef. 1-7-03
SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0060 Purpose

These rules, OAR 413-020-0060 to 413-020-0090, describe:

(1) The circumstances in which a voluntary placement agreement can be requested for placement of a child or young adult:

(2) The responsibilities of the parents, guardians, Indian Custodian , or young adult and the Department in connection with these agreements.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0070 Voluntary Placement Agreement Limitations

(1) The Department must use a Voluntary Placement Agreement for a Child (CF 499) under ORS 418.312 in all cases in which the sole reason for placing the child in a foster home, group home, or institutional child care setting is the need to obtain services for the child ’s emotional, behavioral, or mental disorder or developmental or physical disability.

(2) Under a Voluntary Placement Agreement for a Child , the parent, guardian, or Indian custodian retains legal authority over the child and is obligated to continue to exercise and perform all parental authority and legal responsibilities, except those that the parent, guardian, or Indian custodian specifically delegates to the Department by a binding agreement. The agreement specifies, while the child is in placement, the legal status of the child and the rights and obligations of the parent, guardian , Indian Custodian, the child , and the Department .

(a)The parent, guardian, or Indian custodian who requests substitute care for the child through a Voluntary Placement Agreement for a Child may enter into a child support agreement with the Division of Child Support (DCS) or receive a child support order.

(b)The caseworker must inform the parent, guardian, or Indian custodian they may enter into a non-adversarial support agreement with DCS to discharge support obligations. Other, existing child obligations of the parent, guardian, or Indian custodian are not superseded by support agreements with DCS.

(c) The caseworker must provide the parent, guardian, or Indian custodian who signs the Voluntary Placement Agreement for a Child with the "DCS Referral for Non-Adversarial Support Agreement" (CF 496). The parent, guardian, or Indian custodian completes the form and returns it to the caseworker . If the form is not returned to the caseworker within 30 days, a support order may be entered.

(d) The caseworker must forward the completed form (CF 496) and a signed copy of the Voluntary Placement Agreement for a Child to the Children's Benefits Unit of the Department .

(e)The parent, guardian, or Indian custodian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.

(3) The Department must use a Voluntary Placement Agreement for a Young Adult (CF 499a) in all cases in which a young adult who was previously in the care or custody of the Department and meets the requirements as described below.

(a) The young adult is not currently in the custody of the Department nor are they a legal ward and they were:

(A) Previously placed in a substitute care placement while in the legal custody of the Department for at least one day between the ages of 16 and 18, or

(B) In placement pursuant to a voluntary placement agreement under ORS 418.312 for at least one day during the 12 months immediately preceding the date the young adult attained 18 years of age.

(b) The young adult is prepared to transition from protective to supportive services from the Department .

(c) Based on the circumstances of the young adult , participation in a Voluntary Placement Agreement for a Young Adult is in the best interest of the young adult.

(d) If the proposed placement is in a home with a certified resource family as defined in OAR 413-120-0000(16), the young adult must be willing to complete a child welfare history and criminal records check as outlined in OAR 413-208-0010(1)(c).

(4) Under a Voluntary Placement Agreement with a Y oung Adult , the young adult retains their own legal authority and is obligated to continue to exercise authority and legal responsibilities, except those that the young adult specifically delegates to the Department by a binding agreement. The agreement specifies, while the young adult is in placement, the legal status, rights and obligations of the young adult and the Department .

(5) The young adult must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.

(6)Under either a Voluntary Placement Agreement for a Child (cf499) or Young Adult (cf499a) , the Department has responsibility for the placement and care of the child or young adult.

(7) A Child Welfare Program Manager must approve entry into a Voluntary Placement Agreement for a Child (CF 499) or Young Adult (CF499a).

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & ORS 418.312
CWP 34-2026, minor correction filed 02/25/2026, effective 02/25/2026
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0075 Legal Consent

(1) Only a parent, guardian, or Indian custodian who has legal custody of the child or a young adult on their own behalf may enter into a Voluntary Placement Agreement.

(2) Persons who must sign the applicable Voluntary Placement Agreement (CF499 or CF 499a) , include:

(a) All persons who have legal custody of the child unless one person with legal custody of the child is missing; or

(b) The young adult on their own behalf.

(3) If one person with legal custody of the child is missing, all other persons with legal custody of the child must sign the agreement and must provide the Department the persons and places likely to have knowledge of the missing person's whereabouts. The Department must immediately begin a reasonably diligent search to find the other person with legal custody of the child to provide them notice of the agreement.

(4) If the Department knows or has reason to know the child is an Indian child , who is an enrolled member of or may be eligible for membership in a Tribal Nation, the Department must refer to and comply with OAR chapter 413 division 115.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & ORS 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0080 Developing the Family Support Services Case Plan and a Voluntary Placement Agreement with the Department

(1) The caseworker must prepare the applicable Voluntary Placement Agreement (CF 499 or CF 499a), which must specify the legal status of the child or young adult and the rights and obligations of the parent, guardian , Indian custodian, the child , or young adult, and the Department .

(2) The caseworker must develop a family support services case plan (see OAR 413-030-0016) with the parent, guardian, Indian custodian or young adult who signs the applicable Voluntary Placement Agreement.

(3) The caseworker must develop a visit and contact plan for the child and their parent, guardian, or Indian custodian as described in OAR 413-070-0800 to 413-070-0880.

(a) If a parent, guardian, or Indian custodian is requesting and signing the Voluntary Placement Agreement for a Child (CF 499) they must agree to:

(b) Full and ongoing participation in the family support services case plan described in OAR 413-030-0006(2)(a)-(c) and in making decisions for the child based on the child’s identified needs;

(d) Work cooperatively with the Department .

(5) If a young adult is requesting and signing the Voluntary Placement Agreement for a Young Adult (CF 499a) they must be eligible for substitute care as described in OAR 413-030-0220 and agree to be:

(a) Completing their secondary education or a program leading to an equivalent credential;

(b) Enrolled in an institution that provides post-secondary or vocational education;

(d) Employed for at least 80 hours per month; or

(f) Determined to be unable to perform any of the activities in paragraphs (A) to (D) of this subsection due to a physical condition, mental disability or physical disability documented by medical evidence.

(6) The caseworker must review the young adult ’s transition and family support services case plans with the young adult as described in OAR 413-030-0449 and:

(a) The caseworker determines, in collaboration with the young adult , that it is in the best interest of the young adult to enter the care of the Department ;

(b) The determination and supporting factors are reflected in the young adult ’s family support services case and transition plans and documented in the Department ’s electronic information system;

(c) The young adult agrees to full and ongoing participation in the family support services case plan described in OAR 413-030-0006(2)(a)-(c); and

(e) The plan is approved by the Child Welfare program manager or designee.

(7) The Child Welfare program manager or designee may approve an exception to the requirements in (5)(a) of this rule when:

(a) The young adult experiences a temporary loss in employment or other financial support;

(b) The young adult requests maternity leave that is approved by their attending physician;

(d) There are any other reason(s) approved by the Child Welfare program manager or designee.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0085 Required Reviews

Federal and state law, including the Adoptions and Safe Families Act (Pub. L. 105-89), require review of the cases of all children and young adultsin substitute care . The child or young adult placed through the Department by a Voluntary Placement Agreement will be scheduled for Citizen Review Board and court reviews pursuant to OAR 413-040-0100 to 413-040-0170. Under state law:

(1) When the child or young adult remains in voluntary placement for more than 180 days, the juvenile court must make a determination within the first 180 days of the placement that the placement is in the best interests of the child or young adult .

(2) The juvenile court must hold a permanency hearing as provided in ORS 419B.476 to determine the future status of the child or young adult no later than 14 months after the child or young adult ’s original voluntary placement and not less frequently than once every 12 months thereafter during the continuation of the child or young adult ’s original voluntary placement.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0090 Termination of Voluntary Placement Agreement

(1) Either the Department or a parent, guardian, Indian custodian or young adult who signed the applicable Voluntary Placement Agreement may terminate the agreement by providing 48 hours written notice. If applicable, the child support agreement may be terminated at the same time by sending a copy of the written termination notice to the Children’s Benefits Unit of the Department .

(2) If the parent, guardian, or Indian custodian requests the termination of the Voluntary Placement Agreement for a Child and there is reason to believe the child is unsafe, the caseworker must report the information to a CPS screener.

(3) OAR 413-115-0100(6) governs the withdrawal of consent by a parent, guardian, or Indian custodian concerning an Indian child who is in substitute care and the subject of a Voluntary Placement Agreement for a Child with the Department .

(4) A Voluntary Placement Agreement for a Child signed by a parent, guardian, or Indian custodian ends when the child reaches 18 years of age but a young adult can enter into a new Voluntary Placement Agreement for a Young Adult if the criteria in OAR 413-020-0070(2) are met.

(5) A Voluntary Placement Agreement for a Young Adult signed by a young adult ends when the young adult reaches 21 years of age or due to the young adult’s noncompliance with program conditions.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015, ORS 418.312 & ORS 419C.080
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-020-0100 Purpose

The purpose of OAR 413-020-0100 through 413-020-0170 is to:

(1) Define the Department’s authority as guardian and legal custodian of children in its care or in the care of its agents;

(2) Specify how that authority will be exercised by the Department and its agents; and

(3) Specify requirements to be met when this authority is exercised.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 109.640 & 418.312
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0120 Responsibility of Staff to Secure a Legal Consent

When the legal consent is needed from a young adult or the parent , guardian, or Indian custodian for a child in the care and custody of the Department , the caseworker shall secure the consent of the person authorized to approve the proposed service or activity. Relevant information shall be provided to the authorized person to assure the Department ’s authority to consent, the need for and advisability of the service or activity and, when feasible, the concurrence of parents, guardian, or Indian custodian and physical custodians.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.640 & 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0130 Department Authority in Voluntary Placement and Voluntary Custody Agreements

(1) When a parent, guardian, or Indian custodian of a child authorizes a voluntary placement with the Department , the parent, guardian, or Indian custodian remains guardian of the child and retains legal authority, and is obligated to continue to exercise and perform all parental duties and legal responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Child ( CF 499) .

(2) When a young adult authorizes voluntary placement of themselves through the Department , the young adult retains legal authorities and responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Young Adult ( CF499A).

(3) In the event the parent, guardian, or Indian custodian is unavailable or unwilling to fulfill the responsibilities of a guardian , the Department will petition the Juvenile Court and request authority to provide essential services to the child .

(4) When a child is in the voluntary custody of the Department , the Department or the physical custodian exercises the authority of a legal custodian as assigned in the CF 1005 Voluntary Custody Agreement .

(5) Voluntary custody agreements are covered in OAR 413-020-0005 to 413-020-0050 and voluntary placement agreements are covered in OAR 413-020-0060 to 413-020-0090.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.640 & 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0140 Exercise and Delegation of Legal Authority

(1) When the Department has legal custody of a child through a Voluntary Custody Agreement , a court order, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff and through delegation to other persons as described in this rule.

(2) Physical Custodian. The Department delegates the following responsibilities to the physical custodian . This delegation continues as long as the child or young adult is in the legal custody of the Department and resides with the physical custodian . Any exception to this rule must be given in writing to the custodian of the child or young adult and a copy will be maintained in the child or young adult's case record with the Department. The Department will delegate to the child’s physical custodian its authority to consent to:

(a) Enrollment and disenrollment of the child or young adult in regular public school; assisting with selecting or changing class schedules; authorizing absence from school; and enrollment in free and reduced meal programs. Consent for standardized testing and assessment. Assessment and implementation of special education, unless the child or young adult has a surrogate parent assigned (see OAR 581-015-2000). School pictures, except those listed under subsection (2)(b) of this rule;

(b) Routine medical care and dental care, including vaccinations and immunization; routine examinations and lab tests;

(d) Application for work permits or releases; and

(e) Participation of the child or young adult in ag e-appropriate or developmentally appropriate activities , including extracurricular, enrichment, cultural, and social activities. When determining whether to allow a child or young adult to participate, the physical custodian must apply the reasonable and prudent parent standard . When applying the reasonable and prudent parent standard , the physical custodian must consider:

(A) The age, maturity, and developmental level of the child or young adult ;

(B) The nature and inherent risks of harm; and

(3) The caseworker may exercise the Department’s consent authority to any action to which the physical custodian may consent. In addition, the caseworker may exercise the Department’s authority to give consent for the following;

(a) Photographs taken for publicity purposes or media promotions that may draw attention to the child .

(b) Psychiatric or psychological evaluation, outpatient psychiatric or psychological treatment, and behavioral rehabilitation services for the child .

(4) The Local Office Program Manager or designee. The Local Office Program Manager or designee may exercise the Department’s consent authority to any action to which the physical custodian or caseworker may consent. In addition, the Local Office Program Manager or designee or Health and Wellness Services Program Manager may exercise the Department ’s authority to consent to all of the following actions with respect to the children serviced by the Local Office.

(a) Emergency medical care and/or surgery, to include anesthesia

(b) Major medical and surgical procedures that are not extraordinary or controversial to include anesthesia

(5) District Manager or Designee. The District Manager or designee may exercise the Department’s consent authority to any action to which the physical custodian , caseworker, or Local Office Program Manager may consent. In addition, the District Manager or designee may exercise the Department’s authority to consent to all of the following actions with respect to the children serviced by the district:

(a) Enrollment in specialized schools, including private, charter, alternative, international study program, GED, or home schools.

(b) Application for driver’s training, permits and license.

(d) Examination by law enforcement agency (e.g. polygraphs, interrogations without a warrant, etc.).

(e) Use of firearms for purpose of recreational hunting, target practice, and/or hunter safety course.

(6) Health and Wellness Services Program Manager or the District Manager or designee may consent to the following;

(a) Emergency medical care and/or surgery, to include anesthesia.

(b) Major medical and surgical procedures that are not extraordinary or controversial, to include anesthesia.

(c) Admission to Secure Adolescent Inpatient Program (SAIP), Secure Children’s Inpatient Program (SCIP), or a private hospital for purpose of psychiatric treatment.

History

Statutory/Other Authority: ORS 161.390 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 109.640, ORS 161.327, ORS 161.336, ORS 161.341, ORS 161.365, ORS 161.370 & ORS 418.312
CWP 133-2020, amend filed 06/29/2020, effective 07/01/2020
CWP 103-2020, temporary amend filed 02/04/2020, effective 02/04/2020 through 08/01/2020
CWP 30-2018, minor correction filed 04/16/2018, effective 04/16/2018
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 2-2006, f. & cert. ef. 2-1-06
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0150 Exercise and Delegation of Guardian Authority

(1) When the Department has legal custody of a child or young adult through a court order in which the Department has specifically been given guardianship, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff as described in this rule.

(2) District Manager or Designee: may exercise the Department’s authority to consent to the following actions with respect to child or young adult served by that district:

(a) Enlistment of a child or young adult in the Armed Forces or the Job Corps; and

(b) Marriage.

(3) Department Child Permanency Program Manager: may exercise the Department’s authority under ORS 109.325 to consent to the adoption of a child or young adult who is in the permanent custody of the Department .

(4) Only the Health and Wellness Services Program Manager in consultation with the Child Welfare Director or in their absence and in the event of an emergency a Deputy Director for Child Welfare may consent to any of the following actions for a child :

(a) Termination of a pregnancy, except when a child – 15 years of age or older exercises their statutory right to consent to their own termination of a pregnancy (ORS 109.640).

(b) Extraordinary or controversial medical or surgical procedures, such as Do Not Resuscitate Order (DNR), organ transplants, kidney dialysis, open heart surgery, non-reversable gender affirming medical services, or any procedure involving substantial life threat.

(c) Any medical or surgical procedure to which a legal parent, guardian , or Indian custodian of the child or the child is opposed.

(d) Sterilization under ORS chapter 436, but only when such procedure is necessary to protect the child’s life.

(5) Department Director, Director for Child Welfare or Deputy Director for Child Welfare, may exercise the Department’s authority to consent to any action to which the physical custodian , caseworker , Local Office Program Manager, and District Manager may consent.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.640 & ORS 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 133-2020, amend filed 06/29/2020, effective 07/01/2020
CWP 103-2020, temporary amend filed 02/04/2020, effective 02/04/2020 through 08/01/2020
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0160 Actions Not Authorized

(1) A Department employee may not consent to educational planning which is defined as the responsibility of a parent or surrogate parent (see OAR 581-015-2000).

(2) A Department employee or agent may not exercise the Department’s authority to give consent to the purchase of, or ownership of, a motor vehicle by a child in legal custody of the Department. This prohibition does not prevent a child in the legal custody of the Department from exercising the right to purchase or own a motor vehicle on his or her own account.

(3) A Department employee may not co-sign or counter-sign any purchase contract for a child or young adult in the Department’s custody.

(4) A Department employee may not accept responsibility or serve as conservator of a child or young adult's property or estate.

(5) A Department employee or agent may not consent to the sterilization of a child or young adult, except pursuant to ORS chapter 436, and to save the child or young adult's life.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 109.640 & 418.312
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0170 General Provisions

(1) The Department acknowledges the right of a minor 15 years of age or older to consent to hospital care, medical and surgical diagnosis, or treatment without the consent of the parent, guardian, or Indian custodian see ORS 109.640).

(2) The Department acknowledges the right of a minor 14 years of age or older to obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder or chemical dependency, excluding methadone maintenance, by a physician (see ORS 109.675).

(3) Whenever Department staff exercise the agency's authority to authorize actions described as the responsibility of a guardian under these rules, Department staff must:

(a) Consider the impact of the proposed action upon the welfare of the child, the child's family and the community prior to deciding whether to consent to or authorize the proposed action;

(b) Consult with the physical custodian of the child;

(c) When the child is not in the permanent custody of the Department, make reasonable efforts to consult the child's parents or guardians about the action proposed and consider the parents or guardians' preference concerning the action proposed prior to making a decision to consent to or authorize the proposed action unless there is cause to believe such consultation will be detrimental to the child; and

(d) Prepare a brief written record of the circumstances of the action consented to whenever the Department provides a written consent for actions defined as the responsibility of a guardian. The written record and a copy of any consent made in writing will be filed in the child's case record.

(4) In any case where Department staff consider it necessary or appropriate, they may notify the juvenile court, or seek the court's concurrence, prior to consenting to or authorizing any of the actions described in these rules with respect to children in the Department’s custody.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 109.675
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 12-2003, f. & cert. ef. 1-9-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0200 Purpose

The purpose of OAR 413-020-0200 to 413-020-0255, is to describe the responsibilities of the Department to:

(1) Identify the supervision needs of a child or young adult in substitute care with a certified family;

(2) Develop a supervision plan describing the actions and activities provided by a certified family, the Department, and other individuals to meet the child or young adult's need for enhanced supervision;

(3) Conduct a CANS screening to determine the child’s or young adult’s eligibility for a level of care payment for the purpose of negotiating or renegotiating guardianship assistance pursuant to OAR 413-070-0900 to 413-070-0974 or negotiating or renegotiating adoption assistance pursuant to OAR 413-130-0000 to 413-130-0130.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 16-2024, amend filed 05/31/2024, effective 06/03/2024
CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 06/17/2024
CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018
CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019
CWP 39-2018, amend filed 04/26/2018, effective 04/26/2018
CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018
CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018
CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 6-2007, f. & cert. ef. 5-1-07
CWP 3-2003, f. & cert. ef. 1-7-03
SCF 4-1996, f. & cert. ef. 9-11-96
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0230 Referral for and Review of the CANS Screening

(1) The Department must complete a CANS screening referral for a child or young adult in its legal custody:

(a) Within the first 21 days of a child's initial placement in substitute care with a certified family;

(b) When the child or young adult has continuously lived with a certified family , ten months from the date of the most recent CANS screening and annually thereafter, and the certified family has received a level of care payment; unless section (2) of this rule applies; or

(c) Unless section (2) of this rule applies, five business days after a child or young adult, whose initial placement in substitute care was a BRS placement, moves to the home of a certified family.

(2) The caseworker of the child or young adult must consult with the Adoption Assistance and Guardianship Assistance Unit prior to submitting a CANS screening referral when a child's permanency plan is adoption or guardianship and the caseworker has submitted an adoption assistance application or a guardianship assistance application.

(3) The caseworker of the child or young adult may, after consultation with and approval by a supervisor, complete and submit to the Level of Care Manager or designee, a CANS screening referral when a child or young adult returns to a placement with a certified family after a BRS placement of six months or longer, unless section (2) of this rule applies.

(4) If the caseworker of the child or young adult determines that a CANS rescreen is necessary, the caseworker may, after consultation with and approval by a supervisor, complete and submit to the Level of Care Manager or designee, a CANS rescreen referral.

(5) An adoption assistance coordinator or guardianship assistance coordinator may complete and submit a CANS screening referral to the Level of Care Manager or designee under the following circumstances:

(a) Written documentation of the current behavior and functioning of the child or young adult has been submitted to the adoption assistance or guardianship assistance coordinator by one of the following individuals:

(A) An adoptive family of the child or young adult, regardless of whether there has been a previous CANS screening;

(B) A child's pre-adoptive family when the child is not in the legal custody of the Department;

(D) A potential guardian of the child or young adult who has been approved by a participating tribe.

(b) The written documentation submitted under subsection (a) of this section demonstrates ongoing behaviors and functioning which have not improved with recommended behavioral interventions, counseling or other professional services and one of the following apply:

(A) A CANS screening has never been completed;

(B) A CANS screening has not been completed within the past twelve months; or

(C) The child or young adult exhibits a significant, ongoing change in behavior or functioning since the CANS screening that was completed within the last 12-month period; and

(c) The adoptive family or guardian has requested a renegotiation of the adoption assistance or guardianship assistance payment.

(6) The Level of Care Manager, or designee, within five business days of receipt of a CANS screening referral submitted under section (3) or (4) of this rule:

(a) May approve a CANS screening after reviewing the referral, if the child or young adult's behavior and functioning, as described in the referral, indicate a CANS screening is needed to assess the need for enhanced supervision and a level of care payment;

(b) Must notify the individual who submitted the CANS screening referral whether a CANS screening has been approved and the basis for the decision; and

(7) A CANS screener, upon receipt of the CANS screening referral submitted under section (1), (2) or (3) of this rule must:

(a) Review the referral information;

(b) Contact the caseworker, when the child is in substitute care, to gather information about the child or young adult's strengths and needs;

(c) Contact the certified family, pre-adoptive family, adoptive family, potential guardian identified by a participating tribe, or guardian of the child or young adult and gather information about the child or young adult's strengths and needs;

(d) Contact the child or young adult and other individuals who provide services to the child or young adult as appropriate and gather sufficient information to understand the child or young adult's strengths and needs to complete the CANS screening; and

(e) When a child or young adult has current suicidal ideation or intent:

(A) Notify the child or young adult's caseworker or adoption or guardianship assistance coordinator and, if applicable, notify the pre-adoptive family, adoptive family, potential guardian, or guardian; and

(B) Immediately develop a supervision plan with the certified family when the child or young adult is in substitute care with a certified family.

(8) After the CANS screener has gathered information regarding the child or young adult's strengths and needs, as described in subsections (6)(a)-(d), the CANS screener rates each element of a child or young adult's behavior and functioning on a scale of zero to three, in a manner consistent with the principles of the Child and Adolescent Needs and Strengths Comprehensive Screening Tool appropriate for the child or young adult's age. The CANS screener documents the appropriate rating for each element and provides written explanation for any rating of either two or three on an element that is a need and any rating of zero or one on an element that is a strength.

(a) When the child is five years old or younger, the CANS screener rates the child using the DHS 9601 - Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages Birth through Five, dated November 2017, which by reference is incorporated in OAR 413-090-0010(2)(f)(A).

(b) When the child or young adult is six years old or older, the CANS screener rates the child or young adult using the DHS 9602 - Child and Adolescent Needs and Strengths Comprehensive Screening Tool ages Six through Twenty dated November 2017, which by reference is incorporated in OAR 413-090-0010(2)(f)(B).

(c) The Department maintains these documents on the Department's website. Printed copies of these documents may be obtained by contacting the Department of Human Services, Child Welfare, ATTN: Level of Care Manager, 500 Summer Street NE, E-93, Salem, OR 97301.

(9) The CANS screener must complete the activities in sections (6) and (7) and submit the CANS screening results to the Level of Care Manager or designee within 15 business days following the receipt of the referral.

(10) Within 10 business days of the receipt of the CANS screening results, the Level of Care Manager or designee:

(a) Reviews the CANS screening results;

(b) Contacts the CANS screener when results appear inconsistent with the referral information or documentation of a child or young adult's strengths and needs and may instruct the CANS screener to:

(A) Gather additional information;

(B) Reapply the CANS ratings; and

(d) Applies the CANS algorithm which by reference is incorporated in OAR 413-090-0010(2)(f)(C) to the approved CANS screening results to determine whether:

(A) The child or young adult living with a certified family is eligible for a level of care payment and requires enhanced supervision; or

(B) The child or young adult eligible for adoption assistance or guardianship assistance qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment.

(11) The Level of Care Manager or designee may approve a revision of the ratings of an approved CANS screening when new or different information relevant to the correct application of the CANS screening has been presented:

(a) In preparation for a contested case hearing requested under OAR 413-010-0500(2)(a)-(c):

(b) During an informal conference under OAR 413-010-0520; or

(c) During the renegotiation of an adoption assistance agreement under OAR 413-130-0075 or a guardianship assistance agreement under OAR 413-070-0969.

(12) The Level of Care Manager or designee sends the CANS screening results to the following individuals:

(a) The child or young adult's caseworker and the certified family, with whom the child or young adult is living, on behalf of the child or young adult; or

(b) The adoption assistance and guardianship assistance coordinator and child or young adult's pre-adoptive family, adoptive family, guardian or the potential guardian identified by a participating tribe.

(13) When the caseworker receives a child or young adult's CANS screening results, the caseworker must:

(a) Contact the certified family to review the CANS screening results;

(b) When the CANS screening results indicated the child or young adult currently has suicidal ideation or intent, review the supervision plan developed during the CANS screening no later than one business day after the receipt of the CANS screening results to determine whether the plan continues to be appropriate;

(d) Determine whether a supervision plan must be developed, modified, or terminated under OAR 413-020-0233 and 413-020-0236.

History

Statutory/Other Authority: ORS 418.340, ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.340, ORS 418.005, ORS 418.330 & ORS 418.335
CWP 25-2024, amend filed 08/14/2024, effective 08/14/2024
CWP 5-2024, temporary amend filed 02/28/2024, effective 02/28/2024 through 08/25/2024
CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018
CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019
CWP 39-2018, amend filed 04/26/2018, effective 04/26/2018
CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018
CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018
CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 6-2007, f. & cert. ef. 5-1-07
CWP 3-2002, f. & cert. ef. 1-7-03
SCF 4-1996, f. & cert. ef. 9-11-96
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0233 When a Supervision Plan is Required

(1) The caseworker must develop a supervision plan with the certified family with whom the child or young adult lives within 30 days of:

(a) The receipt of the CANS screening results that indicates enhanced supervision is necessary to maintain the safety and support the well-being of the child or young adult and the child or young adult qualifies for a level of care payment ; or

(b) When a child or young adult who has enhanced supervision needs and is receiving a level of care moves from one certified family to another certified family .

(2) A supervision plan is not required for a level of care payment determined for the purpose of negotiating an adoption assistance or guardianship assistance payment .

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018
CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018
CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 6-2007, f. & cert. ef. 5-1-07

Or. Admin. R. 413-020-0236 Development, Documentation, and Termination of a Supervision Plan

(1) After the caseworker has reviewed the CANS screening results for a child or young adult living with a certified family that indicates the child or young adult has enhanced supervision needs and qualifies for a level of care payment, the caseworker must:

(a) Contact the certified family to explain the supervision needs identified in the CANS screening results; and

(b) During a meeting with the certified family, the child or young adult, as appropriate, and others who may participate in a supervision plan, explain the supervision requirements necessary to maintain the safety and support the well-being of the child or young adult and develop a supervision plan that meets the supervision needs of the child or young adult.

(A) If the child or young adult qualifies for Level 1 (moderate needs), the supervision plan must require the certified family to provide an environment with the additional support, direction, observation, and guidance from the certified family necessary to ensure a child or young adult's safety and well-being, beyond the level of supervision that typically is required for a child or young adult of the same age.

(B) If the child or young adult qualifies for Level 2 (intermediate needs), the supervision plan must require the certified family to provide a structured environment, additional support, direction, observation, and guidance necessary to ensure a child or young adult's safety and well-being, beyond the level of supervision that typically is required for a child or young adult of the same age.

(C) If the child or young adult qualifies for Level 3 (advanced needs), the supervision plan must require the certified family to provide a highly structured environment, additional support, direction, observation, and guidance necessary to ensure a child or young adult's safety and well-being, beyond the level of supervision that typically is required for a child or young adult of the same age.

(2) The supervision plan must include:

(a) The supervision actions or activities that are to be provided by the certified family and other individuals to meet the child or young adult's identified needs. Examples of appropriate supervision actions or activities may include, but are not limited to: proactive use of space, use of routine, structure of the environment, positive reinforcement, and de-escalation techniques;

(b) The actions and assistance the Department will provide to support the certified family in addressing the supervision needs of the child or young adult and to maintain the child or young adult in the home;

(d) The persons responsible for monitoring the child or young adult's supervision needs and the supervision actions and activities;

(e) How the persons responsible for monitoring the child or young adult's supervision needs and the supervision actions and activities are to communicate with each other; and

(f) A requirement that the supervision plan be reviewed during the first monthly face-to-face contact described in OAR 413-080-0054 after the date the supervision plan is signed by the individuals identified in section (3) of this rule.

(3) The supervision plan must be signed by:

(a) The caseworker;

(b) The certified family;

(d) Any other individuals who are to provide specific actions or activities in the supervision plan.

(4) The supervision plan must be approved by the caseworker's supervisor.

(5) The caseworker must provide a copy of the signed supervision plan to the certified family and the certified family's certifier, and file a copy in the Department's information system.

(6) When a child or young adult has a supervision plan and the CANS screening results indicate that the child or young adult no longer has enhanced supervision needs and no longer qualifies for a level of care payment, the caseworker must:

(a) Terminate the supervision plan;

(b) Document in the Department's information system the date the supervision plan terminated and the reason the plan terminated; and

(c) Notify the certified family and the certified family's certifier that the supervision plan terminated and the reason the plan terminated.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 16-2024, amend filed 05/31/2024, effective 06/03/2024
CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 06/17/2024
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 6-2007, f. & cert. ef. 5-1-07

Or. Admin. R. 413-020-0245 Responsibilities in Monitoring a Child or Young Adult's Supervision in a Certified Family

(1) During each monthly face-to-face contact described in OAR 413-080-0054, in addition to assessing the safety of the child or young adult, Department staff must determine:

(a) Whether the certified family is meeting the supervision needs of the child or young adult.

(b) Whether the supervision needs of the child or young adult have changed.

(c) If there is a current supervision plan, whether the supervision actions and activities described in the supervision plan are effective in meeting the child or young adult's supervision needs.

(2) If, after assessing the safety of the child or young adult as described in OAR 413-080-0054, the caseworker determines that the child or young adult currently is safe in the home but his or her supervision needs are not being met, the caseworker must:

(a) Consult with the certified family's certifier or the certifier's supervisor to determine if available resources or training are able to provide the additional support the certified family may need to meet the child or young adult's supervision needs;

(b) If there is a current supervision plan for the child or young adult, determine whether the supervision plan should be revised, and if so, meet with the certified family to revise the plan; and

(c) Determine whether there has been an observed, ongoing change in a child or young adult's behavior or functioning such that the observed changes must be documented and submitted with a CANS screening under referral OAR 413-020-0230(2).

(3) The caseworker documents the monitoring activities described in this rule in the Department's information system.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 6-2007, f. & cert. ef. 5-1-07

Or. Admin. R. 413-020-0600 Purpose

(1) The purpose of these rules is to comply with Public Law 98-457, which requires that procedures be established within Oregon’s Child Protective Services (hereafter referred to as CPS) program to respond to reports of suspected medical neglect, including reports of withholding medically indicated treatment for disabled infants with life-threatening conditions. The regulations indicate that the focus of the Department CPS work will be, “as it is in responding to other reports of child abuse and neglect, to protect the child and assist the family.” Hospitals are encouraged to form review committees to assist with medical and ethical dilemmas arising in the care of disabled infants with life-threatening conditions. Due to the sensitive nature of these cases and the specialized skills required to complete the investigations, the Department will designate a Child Welfare staff person in each of the three cities having tertiary care centers (Portland, Eugene, and Medford) to be a specialist in Medical Neglect investigations. These Medical Neglect Investigators, along with the CPS program manager, will be available to provide telephone consultation and investigations of reports alleging medical neglect of handicapped infants with life-threatening conditions. The Medical Neglect Investigators will form a special investigation “team” with a Designated Consultant Neonatologist and a local CPS caseworker.

(2) The federal regulations emphasize that parents are the decision makers concerning treatment for their disabled infant based on advice and reasonable medical judgment of their physician(s) with advice from the Hospital Review Committee, if one exists. It is not the Department nor the HRC, nor any other committee, who makes decisions regarding the care and treatment for a child except in highly unusual circumstances where the course treatment is inconsistent with applicable standards established by law.

(3) The legislation requires that appropriate nutrition, hydration, and medication shall always be provided to the infant, and that the effectiveness of treatment shall not be based on subjective opinions about the future “quality of life” of an infant. In response to a report of medical neglect of a disabled infant with a life-threatening condition, Department’s investigative role is to determine if the decision made to withhold treatment was based on reasonable medical judgment consistent with the definition of “withholding of medically indicated treatment.” (see OAR 413-020-0000.)

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 31-2018, minor correction filed 04/16/2018, effective 04/16/2018
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0620 Policy

Intake. Any person may make a report that a handicapped infant in a medical facility is not receiving adequate and necessary medical care. Reports which indicate withholding of medical treatment from disabled newborns with life-threatening conditions will be considered an emergency and assigned for investigation within one hour. Each Child Welfare branch will develop local procedures to assure that such reports received after normal work hours will be promptly investigated. Anonymous reports will be accepted at Intake.

(1) Obtain from the reporting person as much of the following information as possible:

(a) Name and address of the hospital;

(b) Name and address of infant and infant’s parents;

(d) The name of the infant’s attending physician;

(e) The condition of the infant and in particular information regarding whether the infant may die or suffer harm within the immediate future if medically indicated treatment is withheld;

(f) The basis of the reporter’s suspicion or belief that medically indicated treatment or appropriate nutrition, hydration, or medication is being or will be withheld;

(g) Name of the person making the report, source of the information, position to have reliable information (i.e., nurse, friend, family member, etc.), address and telephone number.

(2) Criteria to determine if an investigation is indicated:

(a) Would the reported circumstances, if true, constitute “medical neglect”;

(b) Is there reasonable cause to believe that medically indicated treatment is being withheld? This must be based on the condition of the child, health care professional’s statements, information that the parents have refused to consent to treatment, and consultation with the worker’s supervisor;

(c) A Medical Neglect investigator will be contacted to help determine if assignment for a CPS investigation is indicated. (Consultation with a Designated Consultant Neonatologist from a hospital other than the one where the infant is receiving treatment may be utilized at this point.)

(3) Reporting the Alleged Neglect. When a report of suspected medical neglect is received, the local Law Enforcement Agency will be contacted per ORS 419B.020.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0630 Preliminary Investigation

(1) When a report of suspected medical neglect of a disabled infant with life-threatening conditions is received and assigned for investigation, the CPS caseworker will immediately contact a Medical Neglect Investigator for consultation and assistance in initiating a preliminary investigation. The Medical Neglect Investigator will have the responsibility to determine the role/activities of the CPS caseworker and the Medical Neglect Investigator during preliminary investigation and “on site” investigation of a report. The Medical Neglect Investigator will conduct the investigations whenever possible.

(2) During the preliminary investigation, the CPS caseworker or Medical Neglect Investigator will contact the Designated Consultant Neonatologist from a hospital other than the one where the infant is receiving care, for consultation and assistance. (Names of consultant neonatologists are available from the CPS program manager.)

(a) The Medical Neglect Investigator (or Designated Consultant Neonatologist) shall contact the hospital liaison, advise that person of the nature of the reported suspected medical neglect, and request assistance to obtain the following information:

(A) Whether the infant is in the hospital;

(B) The name and location of the infant’s parents;

(D) The nature of the care and treatment being provided to the infant and what, if any, additional or alternative treatment could be provided;

(E) If the infant’s parents are in agreement with the care and treatment being provided or if they have refused to consent to recommended treatment;

(F) If there is a critical time pressure and thus a need for immediate court action;

(G) The analysis of the HRC or other review body;

(H) Whether the attending physician has consulted with other medical professionals concerning the care and treatment of the infant and whether the medical professionals are in agreement with the care and treatment being given.

(b) If treatment is indicated and recommended by the physician and the parents are refusing to consent to treatment, then court action should be immediately initiated or further counseling with the parents pursued. In addition to filing a petition in juvenile court, Child Welfare shall request that a guardian ad litem (GAL) or court appointed special advocate (CASA) be appointed for the child.

(A) If the facts confirmed by the treatment team indicate any of the following circumstances, then the investigation shall be terminated and the case closed: (The facts should be documented in the case file.)

(i) The infant is chronically and irreversibly comatose;

(ii) The provision of treatment would merely prolong dying, not be effective in ameliorating or correcting all the infant’s life-threatening conditions, or otherwise be futile in terms of survival of the infant;

(iii) The provision of treatment would be virtually futile in terms of survival of the infant and the treatment itself under such circumstances would be inhumane.

(B) Where there remains doubt about the hospital’s compliance with state laws, parents refuse to authorize medically-indicated treatment, or there is a need for additional information to substantiate a conclusion, the investigation should be continued.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0640 Investigation

When additional information is necessary to substantiate a conclusion to the medical neglect report, the Medical Neglect Investigator shall form a special investigative team with a consultant neonatologist from a hospital other than the one where the infant is receiving care, a local CPS caseworker and any other necessary professionals such as a nutritionist or the local district attorney. The on-site investigation shall be completed in the shortest possible time.

(1) The Medical Neglect Investigator, with the assistance of the special investigation team members and designated hospital liaison, will complete the following:

(a) Interview treating physicians and others involved in the treatment;

(b) Arrange as early as possible meeting with HRC or other hospital review boards or committees. Determine at minimum the following: Did the HRC verify the diagnosis? How were the parents involved in the process? What treatment alternatives exist?

(c) Review medical records. The parents shall be requested to sign a release of information to allow CPS investigation and/or medical consultant to review records. If determined necessary, court intervention may be used to give access to medical records;

(d) Interview parents (after first determining with hospital social worker appropriateness and context for interviewing parents) to determine the parent’s understanding of the child’s condition and treatment alternatives, the decisions they have made, and the basis for those decisions.

(2) When necessary, the Medical Neglect Investigator may take the following actions:

(a) Make an on-site visit to the medical facility to observe the care and treatment being provided to the infant;

(b) If an alternative diagnosis was not entertained, and no consultants brought in, or there was not a procedure for reviewing the diagnosis and treatment recommendation, then the investigator may wish to arrange for an independent medical consultant and/or exam. The Medical Neglect Investigator shall recommend to the parent(s) that an independent medical examination or evaluation be performed. If the parent(s) do not consent, the specialist will seek a court order to obtain an independent medical examination or evaluation.

(3) Concluding the Investigation:

(a) Following the investigation, the Medical Neglect Investigator will determine:

(A) Whether the report of suspected medical neglect of the handicapped infant with life-threatening conditions is valid. Information from the HRC or consulting physicians, including the Designated Consultant Neonatologist, shall be used to determine whether the treating physician exercised reasonable medical judgment. The reasonable medical judgment of the treating physician may differ from that of other physicians. Grounds for overriding the refusal of the parents of the infant to consent to medical care and treatment exist only if any reasonable medical judgment would be that treatment is medically indicated. The parents’ refusal to consent shall be respected if the attending physician, the Review Committee, or a consulting physician finds that treatment is not medically indicated;

(B) Whether further action should be taken by the Department, and if there is a basis for juvenile court jurisdiction.

(b) If the parents of the infant refuse to consent to the medical care and treatment found to be necessary and adequate by the attending physician and the HRC, or by another consulting medical professional, or the attending physician refuses to provide treatment, Child Welfare shall initiate the filing of a petition in juvenile court on behalf of the infant requesting the court to take jurisdiction of the infant so that medically indicated treatment may be provided. Child Welfare will also request that a Guardian Ad Litem (GAL) or Court Appointed Special Advocate (CASA) be appointed for the child. The caseworker will document these actions in the case record;

(c) If the infant’s parents do not desire medical treatment beyond that being provided and if the reasonable medical judgment of the attending physician, HRC, or other consulting medical professional is that medically indicated treatment is being provided, the Medical Neglect Investigator will document this agreement in the case record. The CPS caseworker will close the case and take no further action;

(d) If the infant’s parents desire medical care or treatment for the infant which is not being provided by the attending physician or the medical facility, the Medical Neglect Investigator will advise the parents of their option to seek another medical opinion or additional medical resources. The Medical Neglect Investigator shall document the advice given the parents in the case record, the caseworker will close the case and take no further action;

(e) The Child Welfare caseworker shall assist the parent(s) with referrals to support groups, community educational resources, and agencies which provide services for disabled infants and their families, and to agencies with financial resources for medical and rehabilitative services;

(f) Following completion of the investigation, the Medical Neglect Investigator shall notify the assistant administrator for the Program Operations by telephone of the report, the investigation and the actions taken. The telephone report is to be followed by a written report and documented in the case record.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-020-0650 Annual Information Update

Each local Child Welfare branch manager shall contact each hospital in their county and obtain the name, title, and telephone number of the designated hospital liaison who is responsible for coordination, consultation, and notification of the Child Welfare of cases of suspected medical neglect. The branch managers shall update this information annually.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Division 30 CASE MANAGEMENT — PROGRAM ELIGIBILITY

Or. Admin. R. 413-030-0000 Definitions

The following definitions apply to OAR Chapter 413, Division 30:

(1) "APPLA" means Another Planned Permanent Living Arrangement, a permanency plan for a stable secure living arrangement for a child who has reached the age of 16 or young adult that includes building relationships with significant people in the child or young adult's life that may continue after substitute care. APPLA is the least preferred permanency plan of the five permanency plans for a child or young adult and is appropriate only after the permanency plans of reunification, adoption, guardianship, and placement with a fit and willing relative have been determined not in the best interest of a child or young adult.

(a) "Planned" means the arrangement is intended, designed, and deliberate.

(b) "Permanent" means enduring and stable.

(2) "Case plan" means a written, goal-oriented, time-limited individualized plan for the child and the child's family, developed by the Department and the parents or guardians, to achieve the child's safety, permanency, and well-being.

(3) "Chafee housing" means a payment to assist in covering the costs of room and board made to an eligible former foster child who was discharged from the care and custody of the Department or one of the federally recognized tribal nations on or after reaching 18 years of age.

(4) "Child" means a person under 18 years of age.

(5) "Department" means the Oregon Department of Human Services.

(6) "Expert evaluation" means a written assessment prepared by a professional with specialized knowledge of a particular subject matter such as physical health, psychological health, mental health, sexual deviancy, substance abuse, and domestic violence. The assessment provides information regarding an individual's functioning in the area of the professional's specialized knowledge and when the expert is evaluating a parent, guardian, or Indian custodian whether the individual's functioning impacts his or her protective capacity. Parenting evaluations must not be based on a single general intelligence quotient or measure of the person’s disability.

(7) "Family support services case plan" means a goal-oriented, time-limited, individualized plan for a child and the child's family or a former foster child. The Department and the family or former foster child jointly develop a "family support services case plan" that addresses the service goals and the identified needs of the child and the child's family or the former foster child .

(8) "Former foster child" means a person under 24 years of age who exited substitute care at or after 14 years of age, including substitute care provided by a federally recognized tribal nation, and had been in substitute care for at least 180 cumulative days after 13 years of age.

(9) “Full-time activity” means a child or young adult is engaged in any combination of Department-approved productive activities for a minimum of 36 hours per week.

(10) "GED" means a General Educational Development certificate issued pursuant to ORS 351.768.

(11) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(12) "ILP" means the Independent Living Program services provided by the Department to an eligible foster child, young adult or former foster child .

(13) "Independent living housing subsidy" means a payment to assist in covering the cost of room, board, or other monthly expenses made to an eligible individual who is at least 16 years of age and is in the care and custody of the Department and living independently.

(14) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribal nation; or

(b) Is eligible for membership or citizenship in an Indian tribal nation and is the biological child of a member or citizen of an Indian tribal nation.

(15) "Indian custodian" means any Indian, other than the Indian child's parent, who has custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, and control has been transferred by the Indian child's parent .

(16) "Legal custody" means a legal relationship between a person, agency, or institution and a child that imposes on the person, agency, or institution the duties and authority of the child's legal custodian.

(17) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child.

(18) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child or young adult . Although the plan may change as more information becomes available, the goal is to develop safe and permanent resources with the parents, relatives, or other people who may assume responsibility for the child or young adult during the remaining years of dependency and be accessible and supportive to the child or young adult in adulthood.

(19) "Registered domestic partner" means an individual joined in a domestic partnership that is registered by a county clerk in accordance with ORS 106.300 to 106.340.

(20) "Service Agreement" means a written document between the Department and a parent , guardian , Indian custodian or former foster child that identifies one or more of the service goals in a family support services case plan , and the services and activities that are necessary for the parent , guardian , Indian custodian or former foster child to achieve the goal.

(21) "Service goal" means the observable, sustained change in behavior, condition, or circumstance that, when accomplished, achieves the desired effect.

(22) "Short term services" mean actions or activities that are limited in duration to a maximum of 180 days.

(23) "Sibling" means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways:

(a) Genetically or by adoption through a common parent;

(b) Through the marriage of the legal or genetic parents of the children or young adults; or

(c) Through a legal or genetic parent who is the registered domestic partner of the legal or genetic parent of the children or young adults.

(24) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(25) "Substitute caregiver" means a relative resource parent, resource parent, or provider authorized to provide care to a child or young adult in the legal or physical custody of the Department.

(26) "Young adult" means a person aged 18 through 20.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & 45 CFR § 84.60
Statutes/Other Implemented: ORS 418.005, Section 504 of the Rehabilitation Act & 29 USC § 794
CWP 4-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 12-2021, temporary amend filed 05/11/2021, effective 05/11/2021 through 09/30/2021
CWP 5-2021, amend filed 01/28/2021, effective 02/01/2021
CWP 126-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020
CWP 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018
CWP 9-2018, amend filed 01/16/2018, effective 01/17/2018
CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 22-2015, f. & cert. ef. 10-6-15
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0003 Purpose

The purpose of OAR 413-030-0003 to 413-030-0030 is to describe the responsibilities of the Department in providing family support services, including:

(1) Eligibility criteria;

(2) Determination of service needs;

(3) Development of the family support services case plan;

(4) Development of Service Agreements;

(5) Caseworker contact and monitoring requirements; and

(6) Timelines for reviewing progress.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0006 Eligibility For Family Support Services

(1) A parent, guardian , Indian custodian, young adult, or former foster child may be eligible for family support services if the requirements of one of the following subsections are met:

(a) A parent, guardian, or Indian custodian requests out-of-home placement of a child due solely to the emotional, behavioral, or mental disorder or developmental or physical disability of the child , as described in OAR 413-020-0060 to 413-020-0090.

(b) A young adult requests placement through the Department and meets the criteria described in OAR 413-020-0070(2).

(c) A parent, guardian, or Indian custodian requests that the Department take temporary custody of a child due to conditions described in OAR 413-020-0005 to 413-020-0050.

(d) A former foster child eligible to receive Independent Living Program (ILP) services requests those services

(e) A parent, guardian, or Indian custodian requests post adoption or post legal guardianship services in connection with an adoption or legal guardianship that occurred through the Department.

(f) A parent, guardian, or Indian custodian requests assistance with a child in the home, and all of the following paragraphs apply

(A) Other community resources have been utilized and determined to be ineffective.

(B) Members of the extended family and other responsible adults who are well known to the child have been explored or utilized and determined to be unsafe, unavailable, unwilling, or ineffective as support for the family.

(C) The parent, guardian, or Indian custodian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition.

(D) The inability of the parent, guardian, or Indian custodian to fulfill parental responsibilities is temporary and immediate; and will be alleviated with short-term services or short-term services will transition the family to community services.

(E) A Child Welfare program manager approves the request for voluntary services.

(2) Service eligibility requires the full and ongoing cooperation of the parent, guardian, Indian custodian, young adult or former foster child in:

(a) The determination of need;

(b) The preparation of the family support services case plan ; and

(3) If the Department determines that funds for family support services are unavailable, the Department will not provide services for those who are eligible for services under subsection (1)(e) of this rule.

(4) The Department must provide family support services when a court has ordered the Department to provide services to a pre-adjudicated delinquent.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
Renumbered from 413-030-0020, CWP 4-2007, f. & cert. ef. 3-20-07
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0009 Determination of the Service Needs

(1) Within 30 days of receiving the family support services screening information, the caseworker must determine the service needs by completing the following actions as applicable:

(a) Provide the parent, guardian, Indian custodian, young adult, or former foster child with a Service Application.

(b) If the caseworker knows or has reason to know the child is an Indian child , the caseworker must comply with and follow notification requirements of OAR chapter 413, division 115.

(c) Within five working days of receipt of the case, confirm there is no current reported safety threat to the child by reviewing the screening information and the child welfare case records for all family members living in the household.

(d) Within ten working days of receipt of the case, make initial face-to-face contact with the parent, guardian, Indian custodian, young adult, or former foster child to assess current behaviors, conditions, and circumstances in the family and gather specific information on the needs of the parent, guardian, Indian custodian, young adult, or former foster child .

(e) Within ten working days of receipt of the case, when the child is in the home of the parent, guardian, or Indian custodian , make initial face-to-face contact with the child to assess the identified needs of the child .

(f) When the child or young adult is in substitute care , make monthly face-to-face contact as required under OAR 413-080-0054.

(g) To determine service needs, the caseworker must, at a minimum, observe:

(A) The parent, guardian, Indian custodian, or former foster child in the home environment;

(B) The child , young adult, or former foster child in their home or substitute care placement; and

(h) Obtain from the parent, guardian, Indian custodian, young adult, or former foster child the names of persons who can provide additional information on the needs of the child, young adult, former foster child , or the family, when appropriate.

(i) Ask the parent, guardian, Indian custodian, young adult, or former foster child to sign an authorization to release information to enable the Department to obtain additional information from physicians, mental health providers, school employees, or other service and treatment providers, when appropriate.

(j) After obtaining the authorization to release information, contact service and treatment providers, when appropriate, to understand the past and current services and treatment of the family and the child, young adult, or former foster child .

(k) Obtain expert evaluations when appropriate to determine specific service or treatment needs when a condition or behavior requires additional professional information regarding a person's functioning.

(l) Analyze the behaviors, conditions, and circumstances of the family to determine service or treatment needs based upon information gathered from the activities in subsections (a) to (k) of this section.

(m) Document the findings of the activities in subsections (a) to (k) of this section in the Department's electronic information system.

(2) The caseworker must use the information and determination of service and treatment needs to develop an individualized family support services case plan that addresses the specific identified needs:

(a) The caseworker must refer to and comply with OAR chapter 413 division115- if the child is an Indian child .

(b) When a family requests and a child is eligible for out-of-home placement due to the child’s special needs or placement is ordered through the court, the caseworker must also refer to and comply with OAR 413-070-0600 to 413-070-0645, 413-020-0060 to 413-020-0090, and if the child is an Indian child , OAR 413-080-0040 to 413-080-0067 and OAR chapter 413 division 115.

(c) When a young adult requests and is eligible for out-of-home placement through a Voluntary Placement Agreement for a Young Adult , the caseworker must also refer to OAR 413-020-0060 to OAR 413-020-0090 and OAR 413-070-0600 to OAR 413-070-0640.

(d) When a former foster child requests ILP services, the caseworker must also refer to OAR 413-030-0400 to 413-030-0460 and OAR chapter 413 division 115 if the child is an Indian child .

(e) When a family requests that the Department take voluntary custody of the child , the caseworker must also refer to OAR 413-070-0600 to 413-070-0645, 413-020-0005 to 413-020-0050, if the child is an Indian child , OAR chapter 413 division 115 and 413-080-0040 to 413-080-0067.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.010 & ORS 418.312
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0013 Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations

(1) The caseworker may secure an expert evaluation of the parent , guardian , Indian custodian or child , when appropriate, to determine treatment or service needs or to assist in assessing child safety when there is a specific condition or behavior that requires additional professional information regarding a person’s functioning. Assessments of parents or children must be individualized and based on the best available objective evidence. Examples include, but are not limited to:

(a) The parent , guardian , Indian custodian or child is displaying unusual or bizarre behaviors that are indicative of emotional or behavioral problems;

(b) Physical illness, physical disability, or mental illness;

(d) Homicidal ideation.

(2) The caseworker must obtain the consent of the parent, guardian, or Indian custodian prior to arranging an expert evaluation of the parent, guardian, or Indian custodian .

(3) Parenting evaluations of individuals with disabilities who may need adapted services or reasonable modifications must be evidence or research based, conducted by qualified professionals, and tailored to assess actual parenting ability and specific areas of disability-related needs. Parenting evaluations must be fully accessible to people with disabilities and shall not be based on a single general intelligence quotient or measure of the person’s disability, rather than their parenting ability.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & 45 CFR § 84.60
Statutes/Other Implemented: ORS 418.005, Section 504 of the Rehabilitation Act & 29 USC § 794.
CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0016 Requirements for the Family Support Services Case Plan

(1) The caseworker must analyze the information gathered during the determination of service needs to develop a family support services case plan . The family support services case plan must include all of the following information:

(a) Family composition, which includes identifying information for:

(A) Each parent, guardian, or Indian custodian , and the children of the parent, guardian, or Indian custodian ;

(B) The former foster child who is 18 years or older and their child , if the former foster child is parenting a child ; or

(b) Conditions identified in the screening or intake referral information.

(d) Service goals and activities.

(e) Services, related to a child , young adult, or former foster child in substitute care , as applicable , which include:

(A) Placement information;

(B) Routine and specialized medical, dental, and mental health services;

(C) Education services, including the school and any special education needs of the child , young adult or former foster child ; and

(D) A plan for visitation and contact between the child and their parents, guardians or Indian Custodian.

(f) Services the Department will provide including:

(A) Case oversight and routine contact with the parent, guardian, or Indian custodian and the child , young adult, or the former foster child .

(B) When the court has ordered the Department to provide services to a pre-adjudicated delinquent, routine contact with juvenile department staff, parents or guardians, and the child .

(D) Timely referral, access to, and use of culturally appropriate services and service providers to address the identified needs, to the extent that resources are available.

(E) Timely preparation of reports to the court or other service providers that may be required.

(g) A statement of the conditions for which the Department will close the family support services case.

(h) Review date. The family support services case plan is reviewed with the parent, guardian Indian Custodian, young adult, or former foster child every 90 days; however, the caseworker and the parent, guardian, Indian Custodian, young adult, or former foster child may agree on a review date at any time within the 90-day period.

(2) The persons involved with the Department in the development of the family support services case plan must include the young adult, former foster child, or the parent, guardian, or Indian custodian ;and may include the child , other relatives, substitute caregiver , and other professionals, as appropriate.

(3) The family support services case plan must include the signature of the caseworker and each parent, guardian, Indian custodian, young adult, or former foster child .

(4) Approval and distribution of the family support services case plan.

(a) The Child Welfare supervisor must approve and sign the family support services case plan .

(b) The caseworker must give a copy of the family support services case plan to the parent, guardian , Indian custodian, young adult, or former foster child as soon as possible but no later than seven days after the family support services case plan is approved by the supervisor.

(5) Timeline for family support services case plan development.

(a) Except as provided in subsection (b) of this section, the caseworker must develop the family support services case plan within 30 days of the completion of the determination of service needs.

(b) The supervisor may authorize an extension of the time for developing the family support services case plan when information essential to the development of the family support services case plan is not yet available due to circumstances beyond the control of the Department.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0019 Developing Service Agreements

(1) The caseworker may develop a Service Agreement with a parent, guardian, Indian Custodian, young adult , or former foster child with a family support services case plan . The Service Agreement is a time-limited agreement that documents the services and action steps that will occur under the agreement.

(2) When used, the Service Agreement must include all of the following:

(a) One of the service goals in the family support services case plan .

(b) Specific activities or services that will occur to achieve the service goal .

(d) Anticipated start and completion dates.

(e) Treatment services for the child or former foster child (if applicable).

(f) Method of measuring progress.

(g) Timeline for review.

(3) The caseworker must give a copy of the Service Agreement to the parent, guardian, Indian custodian, young adult, or former foster child no later than seven days after the agreement is signed.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0023 Contact and Monitoring Requirements for a Family Support Services Case Plan

(1) The caseworker must monitor the family support services case plan and terminate Department involvement in a timely manner.

(2) The caseworker is responsible for all of the following actions:

(a) Monthly face-to-face contact and communication with each parent, guardian Indian custodian, young adult, or former foster child about progress toward achieving service goals unless an exception to parent, guardian, or Indian custodian contact as described in OAR 413-080-0054(3)(b) is approved.

(b) Monthly face-to-face contact with the child required under OAR 413-080-0054.

(c) Regular contact with service providers a minimum of once every 90 days, including monitoring the services provided through the family support services case plan

(d) Monitoring the visitation and contact plan when the child is in substitute care .

(e) Monitoring progress toward achieving service goals.

(f) Ensuring completion of the actions and activities that are the responsibility of the Department.

(g) Timely response to issues that may impact the safety of the child that become known to the caseworker.

(3) The caseworker must document in the Department’s electronic information system:

(a) Observations made by the caseworker during each visit, and behaviors, conditions, or circumstances of the family, young adult, or former foster child that support the continuation of the family support services case plan ; and

(b) Reports from each service provider on progress of the family, child , young adult or former foster child in meeting the service goals of the family support services case plan .

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0026 Family Support Services Case Plan Review

(1) The family support services case plan must be reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents, guardians , Indian custodian, young adult, or former foster child. The meeting may include the child , service providers, attorneys, family members, and the substitute caregiver when the child or young adult is in substitute care .

(2) During the case plan review, the caseworker assesses and determines the progress that has been made in achieving the service goals of the case plan .

(3) If a parent , guardian , Indian custodian, young adult or former foster child is not available for the review, the reason must be documented in the Department’s electronic information system.

(4) Within 30 calendar days of receiving an expert evaluation requested by the Department, the caseworker must consider revising the family support services case plan to include the recommendations of the expert evaluation . If the caseworker does not implement the recommendations of the expert evaluation , the caseworker must document the reasons for not implementing the recommendations.

(5) Subsequent to the face-to-face meeting, the caseworker documents all of the following in the Department’s electronic information system:

(a) The services currently provided and the progress of the parents, guardians, Indian custodian, young adult or former foster child in achieving service goals.

(b) Observations of improved behaviors, conditions, or circumstances that have measurably changed.

(c) Written or verbal reports from the child , service providers, attorneys, family members, and the substitute caregiver when the child or young adult is in substitute care regarding services currently provided and the progress of the parent , guardian , Indian custodian, young adult, or former foster child in achieving service goals.

(6) The Child Welfare supervisor approves and documents approval of the family support services case plan review.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-030-0030 Closing a Family Support Services Case Plan

The caseworker closes a family support services case plan when:

(1) The parent , guardian , Indian custodian, young adult, former foster child , or the Department indicates the service objectives have been achieved;

(2) The parent , guardian, Indian custodian, young adult , or former foster child states that they are withdrawing the request for voluntary family support services;

(a) The caseworker has unsuccessfully attempted to contact the parent , guardian , Indian custodian, young adult or former foster child , after diligent efforts, as documented in the Department's electronic information system;

(b) The Department, the parent , guardian , Indian custodian, young adult or former foster child determines that the family support services case plan is no longer appropriate or effective;

(c) The child , who had been voluntarily placed in substitute care because a parent, guardian, or Indian custodian had requested voluntary placement of the child , has returned to the home;

(d) The young adult, who voluntarily placed themselves in substitute care no longer requires substitute care;

(e) The court dismisses a pre-adjudicated delinquent child from Department custody; or

(f) Another community service resource accepts responsibility for providing services to the child , young adult, former foster child , or family.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 418.005
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 4-2007, f. & cert. ef. 3-20-07
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0200 Purpose

(1) The purpose of OAR 413-030-0200 to 413-030-0220 is to emphasize that the child’s safety is the paramount concern in determining substitute care eligibility.

(2) The Department is responsible for determining if a child in the legal custody of the Department or a young adult entering into a Voluntary Placement Agreement for a Young Adult will be placed or continued in substitute care placement in accordance with statutes, administrative rules, agency procedures, and placement practice guidelines. OAR 413-030-0200 to 413-030-0220 specify the minimum criteria for the substitute care classification and placement under any type of substitute care program licensed or certified by the Department. Additional criteria are outlined in rules for specific substitute care programs.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, 418.015 – 418.315 & 419B.331 419B.349
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2003, f. & cert. ef. 1-7-03
SOSCF 21-1999, f. & cert. ef. 10-6-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0210 Eligibility Criteria for Substitute Care Placement

For a child to be eligible for initial and continuing substitute care, the Department must meet the following criteria:

(1) Legal Basis. The Department must have a current legal basis for placement:

(a) Temporary custody under ORS 419B.165;

(b) Legal custody of the child through a juvenile court order;

(d) A voluntary placement agreement in accordance with OAR 413-020-0060 to 413-020-0090;

(e) Permanent custody based on a permanent commitment or release and surrender agreement of a parent; or

(f) Verification that the child is an unaccompanied refugee minor.

(2) The child must be under 18 years of age at the time the child is placed in the legal custody of the Department and placement services are first initiated.

(3) Reasonable or Active Efforts. Except in those cases with a Voluntary Custody Agreement or Voluntary Placement Agreement, the Department will make reasonable efforts to prevent or eliminate the need for removal of the child and to alleviate the barriers that keep the child from returning home. This includes an assessment of appropriate treatment and supportive services and providing such services when available through the Department or by referral to other community resources. To aid the court or Citizen Review Board (CRB) in making the findings required by this section, the Department shall present documentation to the court or CRB showing its reasonable efforts or, if the Indian Child Welfare Act applies, active efforts, to prevent or eliminate the need for removal of the child and services provided to safely return the child to the home. The department shall seek a reasonable efforts judicial determination within 60 days of a child’s removal from the home, or a determination that due to aggravated circumstances reasonable efforts were not required to prevent the child’s removal from the home. If the court does not make the reasonable efforts determination within 60 days, the child is not eligible for Title IV-E foster care maintenance payments program throughout the duration of that child’s stay in substitute care. Refer to OAR 413-100-0240.

(4) The child requires substitute care placement because there is no parent, guardian or Indian custodian available and able to provide safe care for the child even with the assistance of available supportive resources, and no relative is willing and appropriate to assume full responsibility for the child.

(5) Placement is needed for one of the following reasons:

(a) The parent, guardian, or Indian custodian is not available to care for the child due to death, abandonment, desertion, incarceration, institutionalization, or catastrophic illness;

(b) The child is at significant risk of abuse or neglect;

(d) The child has a severe disabling condition requiring skilled care that the family cannot provide even with the assistance of community resources but the Department can provide the care the child requires in an available substitute care resource; or

(e) The child's behavior is a serious danger to the child, the child's family, or the community but the child can, without threat to self or others, be managed in an available and appropriate substitute care resource.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.015 – 418.315 & ORS 419B.331 – 419B.349
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2003, f. & cert. ef. 1-7-03
SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01
SOSCF 17-2000, f. & cert. ef. 7-25-00
SOSCF 21-1999, f. & cert. ef. 10-6-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0220 Eligibility for Substitute Care After Age 18

(1) A young adult continues to be eligible for substitute care until the young adult turns 21 years of age if the young adult has met the criteria in OAR 413-030-0210 and this rule or if the young adult has entered into a Voluntary Placement Agreement for a Young Adult with the Department after reaching the age of 18 as outlined in OAR 413-020-0060 through 0090.

(2) Under the following conditions the Department may continue to provide placement services until the youth has reached 21 years of age:

(a) The young adult is:

(A) Completing their secondary education or a program leading to an equivalent credential;

(B) Enrolled in an institution that provides post-secondary or vocational education;

(D) Employed for at least 80 hours per month; or

(E) Determined to be unable to perform any of the activities in paragraphs (A) to (D) of this subsection due to a physical condition, mental disability or physical disability documented by medical evidence

(b) The caseworker reviews the young adult’s transition plan with the young adult as described in OAR 413-030-0449 and:

(A) The caseworker determines, in collaboration with the young adult , that to remain in the care and custody of the Department is in the best interest of the young adult ;

(B) The determination and supporting factors are reflected in the case and youth transition plans and documented in the Department’s electronic information system; and

(3) The Child Welfare program manager or designee may approve an exception to the requirements in (2)(a) of this rule when:

(a) The young adult experiences a temporary loss in employment or other financial support;

(b) The young adult requests maternity leave that is approved by her attending physician;

(d) Any other reason(s) approved by the Child Welfare program manager or designee and the Foster Care and Youth Transitions manager or designee.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.015 – 418.315, ORS 419B.331 – 419B.349, 42 U.S.C. §§ 671-679b & 25 U.S.C. §§ 1901–1963
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 114-2020, minor correction filed 02/20/2020, effective 02/20/2020
CWP 16-2019, amend filed 02/19/2019, effective 02/19/2019
CWP 115-2018, temporary amend filed 11/19/2018, effective 11/19/2018 through 05/17/2019
CWP 23-2018, amend filed 03/27/2018, effective 03/27/2018
CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 4-2003, f. & cert. ef. 1-7-03
SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01
SOSCF 17-2000, f. & cert. ef. 7-25-00
SOSCF 21-1999, f. & cert. ef. 10-6-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0300 Purpose

The purpose of OAR 413-030-0300 to 413-030-0320 is to describe the eligibility criteria for the program classification of adoption. The adoption program classification is used to describe the services provided to a child placed in an approved adoptive home for the purpose of adoption. This includes agency adoptive placements and courtesy placement supervision of a child placed in Oregon by an out of state adoption agency.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 109.305 – 109.310, 418.005 & 418.270 – 418.285
CWP 19-2015, f. & cert. ef. 10-1-15
SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0310 Eligibility for Adoption Program

To be eligible for the program classification of adoption, a child must be in a living situation that is officially considered an adoptive placement. The following are considered eligible for the program classification:

(1) Children fully free for adoption and placed in an approved adoptive home are classified as adoption from the time the placement is approved until the adoption is completed or disrupted.

(2) Children receiving courtesy supervision for an adoptive placement initiated in another state through the Interstate Compact.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 109.305 – 109.310, 418.005 & 418.270 – 418.285
CWP 19-2015, f. & cert. ef. 10-1-15
SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0320 Eligibility for the Adoption Program Classification Ends

Eligibility for the adoption program classification ends when:

(1) SOSCF gives consent for adoption of a child in SOSCF's permanent custody, and the adoption is legalized;

(2) The child is removed from an approved adoptive placement;

(3) The adoptive applicants or SOSCF decides an adoption will not be legalized even though the child is not removed from the home; and

(4) When supervision of an adoptive placement provided as a courtesy service for an adoption agency in another state is no longer needed.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 109.305-310 & 418.270 - 418.285
SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-030-0400 Purpose

The purpose of OAR 413-030-0400 to 413-030-0460 is to describe the responsibilities of the Department for comprehensive transition planning to support all children, young adults and former foster children who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as:

(1) Obtaining a high school diploma or GED and post-secondary education, career exploration, vocational training, job placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction), substance abuse prevention, and preventative health activities (including smoking avoidance, nutrition education, and sexual/reproductive health;

(2) Achieve meaningful, permanent connections with a caring adult;

(3) Achieve and maintain connections to culture and community;

(4) Engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience, and

(5) Provide financial, housing, counseling, employment, education and other appropriate support and services to young adults and former foster children to complement their own efforts and control over decision-making to achieve self-sufficiency, and to assure that they recognize and accept their personal responsibility for preparing for and then making the successful transition from adolescence to adulthood.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 418.475, ORS 419B.343 & ORS 419B.476(3)
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
Reverted to CWP 16-2009, f. & cert. ef. 11-3-09
CWP 25-2015(Temp), f. & cert. ef. 11-24-15 thru 5-21-16
CWP 16-2009, f. & cert. ef. 11-3-09
SOSCF 1-2002, f. & cert. ef. 1-22-02

Or. Admin. R. 413-030-0410 Eligibility for Youth Transition Services

(1) Life skills training. A child, young adult or former foster child must meet the following eligibility criteria for life skills training:

(a) Be a child 14 years of age or older or a young adult who is in substitute care through the state or a federally recognized tribal child welfare system; or

(b) Be a former foster child.

(2) Independent living housing subsidy. A child or young adult must meet the following eligibility criteria for independent living housing subsidy:

(a) Be 16 years of age or older.

(b) Be in the care and custody of the Department.

(c) Be engaged in full-time activity, unless unable to engage in full-time activity due to a declared state or national emergency.

(d) Have had at least one prior substitute care placement.

(e) Have the approval of the court to participate in the independent living housing subsidy service.

(f) If a high school diploma has not been achieved, the child or young adult must be working actively to achieve their educational goals.

(g) The child or young adult must be enrolled concurrently in a skill-building service as described in the Child Welfare Procedure Manual.

(3) Chafee housing. A former foster child must meet the following eligibility criteria for Chafee housing:

(a) Be 18 years of age or older but not yet 24 years of age.

(b) Be a former foster child who left a child welfare substitute care placement at age 18 or older.

(c) Be engaged in full-time activity, unless unable to engage in full-time activity due to a declared state or national emergency.

(d) Have at least four hours of paid employment per week.

(e) If a high school diploma has not been achieved, the former foster child must be actively working to achieve their educational goals.

(f) Be enrolled in a skill-building service as described in the Child Welfare Procedure Manual.

(g) The former foster child is only eligible for Chafee housing and an education and training voucher when the cost of room and board is not included in calculation of the cost of attendance.

(4) Education and training grant. A child, young adult, or former foster child must meet the following eligibility criteria for an education and training grant:

(a) Be adopted or entered a guardianship after Sept. 1, 2015, at 13 years of age or older through the Department; or

(b) Be 16 years of age or older and currently in substitute care through the state or one of the federally recognized tribe; or

(d) The child , young adult or former foster child may remain eligible until they reach 26 years of age, or accesses the program for 5 years (whether or not the years are consecutive), whichever comes first.

(e) The child , young adult or former foster child must be making satisfactory progress in their area of study, as determined by the postsecondary institution, in order to continue receiving the grant.

(f) The former foster child is only eligible for Chafee housing and an education and training voucher when the cost of room and board is not included in calculation of the cost of attendance.

(5) Youth Transition discretionary funds. A child, young adult, or former foster child must be eligible for life skill-building services as a prerequisite to eligibility for discretionary fund resources.

(6) Services that may be utilized in the transition to independent living, as appropriate and available, when the child, young adult, or former foster child meets all other eligibility requirements, including, but are not limited to:

(a) Flex funds as described in OAR chapter 413, division 053;

(b) Payments made for special or extraordinary needs as described in OAR 413-090-0300 to 413-090-0380;

(d) Other state or community health care programs.

(7) The ILP coordinator may approve an exception to the eligibility requirements of sections (2), (3), or (4) of this rule when there is a time-limited plan for meeting requirements for eligibility or as necessary during times of a declared state or national emergency. The caseworker must provide to the ILP coordinator written documentation explaining why the exception is necessary for the child , young adult or former foster child to achieve their comprehensive transition plan goals.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.010 & ORS 418.475
CWP 78-2023, minor correction filed 07/26/2023, effective 07/26/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 12-2021, temporary amend filed 05/11/2021, effective 05/11/2021 through 09/30/2021
CWP 5-2021, amend filed 01/28/2021, effective 02/01/2021
CWP 126-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020
CWP 16-2019, amend filed 02/19/2019, effective 02/19/2019
CWP 115-2018, temporary amend filed 11/19/2018, effective 11/19/2018 through 05/17/2019
CWP 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018
CWP 9-2018, amend filed 01/16/2018, effective 01/17/2018
CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 16-2009, f. & cert. ef. 11-3-09
CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09
SOSCF 1-2002, f. & cert. ef. 1-22-02

Or. Admin. R. 413-030-0430 Youth Transition Services Array

The range of services available through the Department to an eligible child, young adult or former foster child transitioning to independent living includes:

(1) Skill building services, which may include the following:

(a) Instruction in basic living skills such as money management, home management, consumer skills, legal issues, sexual and reproductive health, parenting, health care, access to community resources, employment readiness, transportation, educational assistance, and housing options;

(b) Educational and vocational training support such as high school diploma or GED preparation, post-secondary education and academic support, job readiness, and job search assistance and placement programs;

(c) Training, workshops and conferences, individual and group skills building for improved self-esteem and self-confidence, self-determination and interpersonal and social skills training and development; and

(d) Promote permanence through the development of healthy relationships, cultural connection, community networks and supports to transition successfully to independence and adulthood.

(2) The independent living housing subsidy.

(3) Chafee housing.

(4) Education and training grants to provide assistance with the costs of a post-secondary education or training program.

(5) Youth Transition discretionary funds to provide limited financial assistance in meeting the transition goals to independence and adulthood.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 81-2023, minor correction filed 07/26/2023, effective 07/26/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 16-2009, f. & cert. ef. 11-3-09
SOSCF 1-2002, f. & cert. ef. 1-22-02

Or. Admin. R. 413-030-0445 Development of the Comprehensive Transition Plan

(1) Development of the comprehensive transition plan. The Department must initiate the development of the comprehensive transition plan for a:

(a) Child 14 years of age or older and in substitute care or a young adult ; or

(b) Former foster child who requests services as described in OAR 413-030-0003 to 413-030-0030 and would benefit from a comprehensive transition plan.

(2) The Department must ensure the comprehensive transition plan includes:

(a) The completion of a life skills assessment, which includes:

(A) Assessment of the skills and readiness of the child, or young adult through interviews with substitute caregiver , parent , guardian , or Indian custodian and any other significant adult; or

(B) Assessment of the skills and readiness of the former foster child through interviews with the former foster child and any other supportive individuals the former foster child may identify; and

(b) The written life skills assessment must include a description of:

(A) The personal growth, social development and strengths of the child, young adult or former foster child ; and

(B) Their need for ongoing skill development in the following ability areas:

(i) Family support and healthy relationships through interactions with and connection to adults who can assist in the transition to independent living;

(ii) Management of their physical and mental health through health education and risk prevention;

(iii) Engagement in educational and vocational interests, indicating high school skills and supports, post-secondary skills and supports, and employment and/or career preparation;

(iv) Achievement of residential stability through money management, housing and home management, transportation and other living skills.

(3) After completing the activities in section (2) of this rule, the Department must convene a planning meeting to develop the comprehensive transition plan. The Department must:

(a) Ensure the child or young adult plays a central role in planning for and participating in the meeting, when developmentally appropriate;

(b) Involve the child or young adult in determining who may participate in the planning meeting which may include a parent , guardian , Indian custodian , substitute caregiver , service providers, a court appointed special advocate, authorized representative of the Indian child’s tribe, the attorney for the child or young adult or other adults important to the child or young adult ;

(c) At the option of the child or young adult , involve the two additional members of the case planning team chosen by the child or young adult as described in OAR 413-040-0010(3)(c); and

(d) If the child or young adult makes the request, include any additional members the child or young adult would like to add to their comprehensive youth transition planning meeting when it is determined to be in the best interest of the child or young adult.

(4) The comprehensive transition plan must identify goals and services in each of the following domains:

(a) Personal Growth and Social Development;

(b) Family Support and Healthy Relationships including cultural and community connections;

(d) Education

(e) Employment and Career Preparation;

(f) Money Management, Transportation and Other Life Skills;

(g) Housing and Home Management. The child or young adult must have safe and stable housing and is not likely to become homeless due to dismissing the case.

(5) The child age 14 or older, young adult , or former foster child must agree to the comprehensive transition plan and the plan is signed by each person who participated in the planning meeting.

(6) A Department supervisor must review and acknowledge the completion of the comprehensive transition plan in the Department's information system.

(7) When a child is placed in another state through the Interstate Compact on the Placement of Children (ICPC), and the Department is unable to complete the comprehensive transition planning process as described in this rule, the Department remains responsible for working with the receiving state and with the child in developing a comprehensive transition plan.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.475, ORS 419B.343, ORS 419B.476 & ORS 419B.337
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 80-2023, minor correction filed 07/26/2023, effective 07/26/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018
CWP 9-2018, amend filed 01/16/2018, effective 01/17/2018
CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 16-2009, f. & cert. ef. 11-3-09
CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09
SOSCF 8-2002, f. & cert. ef. 5-6-02
SOSCF 1-2002, f. & cert. ef. 1-22-02

Or. Admin. R. 413-030-0449 Review of the Comprehensive Transition Plan

(1) The caseworker must monitor the implementation of the comprehensive transition plan and make reasonable efforts to ensure timely and appropriate services identified in the comprehensive transition plan are made available.

(2) The caseworker is responsible for regular review of the goals and services of the comprehensive transition plan during the following contacts:

(a) Monthly face-to-face contacts as required under OAR 413-080-0054; and

(b) The 90-day case plan review with the child or young adult as required under OAR 413-040-0016.

(3) Subsequent to the review of the comprehensive transition plan under subsection (2)(b) of this rule, the caseworker must document in the Department's information system:

(a) The progress in achieving the comprehensive transition plan goals;

(b) Any barriers and plans to address the barriers;

(d) Notification to service providers of changes to the comprehensive transition plan.

(4) The supervisor must review and approve the documentation of the comprehensive transition plan review as a part of the required case plan review.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.010, ORS 418.005, ORS 418.475, ORS 419B.343 & ORS 419B.476
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 16-2009, f. & cert. ef. 11-3-09

Or. Admin. R. 413-030-0454 Benchmark Review of the Comprehensive Transition Plan

(1) For a child with a comprehensive transition plan the caseworker must convene a meeting for the purpose of a benchmark review of the comprehensive transition plan six months prior to the child reaching 18 years of age.

(a) The meeting must include the child, unless the child developmentally is unable to participate, and may include a parent, guardian, or Indian custodian of the child, substitute caregiver, court appointed special advocate, the attorney for the child, service providers, and others the child determines are important to the meeting including, at the option of the child, the two additional members of the case planning team chosen by the child as described in OAR 413-040-0010(3)(c).

(b) The child plays a central role in the meeting appropriate with their developmental ability.

(A) Agreement on the person with decision-making authority for education services for the child after the child reaches 18 years of age;

(B) Arrangement of sustainable housing, including periods of time the child or young adult may be on break from college or other residential academic or vocational program after the child reaches 18 years of age;

(C) Identification of persons who may provide supportive relationships to the child after the child reaches 18 years of age;

(D) Identification of cultural and community resources available for the special or unique needs of the child after the child reaches 18 years of age;

(E) A plan for the employment, continued academic or vocational education, or specialized training of the child after the child reaches 18 years of age;

(F) Agreement on the person with decision-making authority for health and mental health services for the child and identification of health, mental health, and dental providers for the child after the child reaches 18 years of age; and

(G) The plan to meet life skill development needs of the child by the time the child reaches 18 years of age.

(d) The caseworker must document the determinations made under subsection (c) of this section and the documentation must be signed by the child, when developmentally able to do so, the caseworker, and may be signed by other persons attending the meeting.

(2) The caseworker's supervisor must review and acknowledge the completion of the benchmark review of the comprehensive transition plan in the Department's information system.

(3) The caseworker must provide a copy of the comprehensive transition plan, including the documentation of the determinations made during the benchmark review of the comprehensive transition plan, to the court at the next scheduled permanency hearing.

(4) Within 90 days prior to the child’s 18th birthday, the caseworker must review the determinations and plans made during the Benchmark Review with the child and, if identified, the two additional members of the case planning team chosen by the child as described in OAR 413-040-0010(3)(c). The caseworker reviews the progress made to date and makes any necessary adjustments to the plan as agreed upon with child.

(5) The caseworker’s supervisor must review and acknowledge the completion of the Benchmark Review of the comprehensive transition plan in the Department’s electronic information system.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419B.343 & ORS 419B.476
CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 16-2009, f. & cert. ef. 11-3-09

Or. Admin. R. 413-030-0456 Health Care Notifications, Credit Reports, and Data Tracking

(1) The Department must notify any child or young adult over 17 years, six months of age in the care or custody of the Department of the following information regarding health care treatment:

(a) The importance of designating another individual to make health care treatment decisions on their behalf if they become unable to participate in such decisions and does not have or does not want a relative who is otherwise authorized under state law to make such decision; and

(b) The option to execute a health care power of attorney, health care proxy, or other similar document recognized under state law.

(2) The Department must ensure any child 14 years of age or older and in the care or custody of the Department:

(a) Annually receives a copy of a consumer credit report when one exists; and

(b) Receives some assistance in interpreting the credit report and resolving any inaccuracies in that report.

(c) Offer assistance to young adults to obtain a copy of a consumer credit report when one exists, provide support to the young adult in interpreting the credit report and resolving any inaccuracies in that report.

(3) National Youth in Transition Database (NYTD) Requirements. The Department must collect and track independent living type services and outcome data as follows:

(a) Served population: The Department will report all independent living type services paid for or provided by the Department during the six month reporting periods under the NYTD timelines.

(b) Baseline population: The Department will report outcome data by conducting a survey with every child 17 years of age, within the 45 days following the child’s 17th birthday, in the care or custody of the Department; and

(c) Follow up populations: The Department will report outcome data by conducting follow up surveys of the young adults or former foster children surveyed under subsection (b) of this section at ages 19 and 21.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.475, ORS 419B.343 & ORS 419B.476
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13

Or. Admin. R. 413-030-0460 Requirements at Independence

(1) At least 60 days prior to the date on which the Department is requesting relief of legal custody of a child or young adult reaching independence, the Department must inform the child or young adult of:

(a) The date, time, and location of the hearing;

(b) The right to attend the hearing, and the importance of attending; and

(2) When the court relieves the Department of the custody of the child or young adult reaching independence, the Department must provide the child or young adult with the following written records:

(a) Unless the release is prohibited by law or the law requires the child or young adult to make a specific request for the records under ORS 432.250 and ORS 109.425 to 109.507, information concerning the case of the child or young adult , including family and placement history, location and status of each sibling , and contact information the child or young adult may use to seek additional information about their case or family history.

(b) Health and education records, including:

(A) Health and immunization records;

(B) Educational summary and records; and

(C) Information on how to identify a Health Care Representative, complete an Oregon Advance Directive, and complete the Oregon Health Plan (OHP) Application to access the Former Foster Care Youth Medical Program.

(c) An original or certified copy of each of the following, and documentation that each has been provided to the child or young adult in official form:

(A) The birth certificate of the child or young adult .

(B) Official proof of the citizenship or residence status of the child or young adult in a form acceptable to an employer required to verify immigration status.

(D) A driver's license or another form of state identification, or a copy of the original, of the child or young adult ;

(E) Where applicable, a death certificate of a parent of the child or young adult .

(F) Where applicable, the tribal membership or enrollment information of the child, young adult and/or child’s parents.

(G) Written verification of placement in substitute care through the Department or one of the federally recognized tribal nations of the child or young adult when 14 years of age or older and 18 years of age and younger.

(H) The child or young adult’s credit report.

(3) When the Department is unable to provide the documentation and information described in section (2) of this rule prior to the court order by which the Department is relieved of legal custody of the child or young adult , the Department must prepare the written records and either deliver them to the child or young adult or, when the whereabouts of the child or young adult are unknown, retain the records in the case file of the child or young adult until requested by the child , young adult or former foster child .

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 79-2023, minor correction filed 07/26/2023, effective 07/26/2023
CWP 77-2023, minor correction filed 07/10/2023, effective 07/10/2023
CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021
CWP 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018
CWP 9-2018, amend filed 01/16/2018, effective 01/17/2018
CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 16-2009, f. & cert. ef. 11-3-09

Division 40 CASE MANAGEMENT — SERVICE PLANS

Or. Admin. R. 413-040-0000 Definitions

Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 413, division 040:

(1) "AAICPC" means the Association of Administrators of the Interstate Compact on the Placement of Children, which is the national professional association of state administrators of the Interstate Compact on the Placement of Children, housed at the American Public Human Services Association (APHSA).

(2) "Action agreement" means a written document between the Department and a parent, guardian or Indian custodian that identifies one or more of the services or activities provided by the Department or other community partners, in which the parent, guardian or Indian custodian may participate to achieve an expected outcome.

(3) "Acquired Immune Deficiency Syndrome (AIDS)" is a disorder in which a person's immune system is severely suppressed. It is caused by the human immunodeficiency virus (HIV). In order for a person to be diagnosed as having AIDS, the virus, immune system suppression, and an opportunistic infection or other condition stipulated by the U.S. Centers for Disease Control must all be present. A laboratory diagnosis of a CD4 less than 200 also is an AIDS defined illness.

(4) "Age-appropriate or developmentally appropriate activities" means:

(b) In the case of a specific child or young adult, activities or items that are suitable for the child or young adult based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.

(5) “Applicant” means any individual other than the parent, guardian or Indian custodian of the child who is being placed who applies for approval from the Department to become an ICPC placement.

(6) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult for one or more of the following purposes:

(a) To identify case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family.

(b) To determine the level of care payment while in substitute care with a certified family; and

(c) To determine the level of care payment included in an adoption assistance agreement or guardianship assistance agreement.

(7) "Case plan" means a written goal-oriented, time-limited individualized plan for the child and the child's family, developed by the Department and the parent, guardian or Indian custodian to achieve the child's safety, permanency, and well-being.

(8) "Certificate of Approval" means a document the Department issues to a certified family to approve the operation of a home to provide care for a child or young adult in the care or custody of the Department.

(9) "Certified family" means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which the individual or individuals reside, to a child or young adult in the care or custody of the Department.

(10) "Child" means a person under 18 years of age.

(11) "Child protective services assessment"(CPS assessment) means an investigation into a report of abuse pursuant to ORS 419B.020 or ORS 418.205 - 418.327 that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and ensure safety through protective action plans, initial safety plans, or ongoing safety planning.

(12) "Compact administrator" means the person for each party to the Compact responsible for carrying out the provisions of the Compact.

(13) "Complete judicial review" means a hearing that results in a written order that contains the findings required under ORS 419B.476 or includes substantially the same findings as are required under ORS 419A.116.

(14) "Concurrent permanent plan" means the alternate permanency plan whenever the child has been placed in substitute care when the goal of the permanency plan is to return the child to the parent, guardian or Indian custodian. The "concurrent permanent plan" is developed simultaneously with the plan to return the child to the parent, guardian or Indian custodian.

(15) "Conditions for return" mean a written statement of the specific behaviors, conditions, or circumstances that must exist within a child's home before a child can safely return and remain in the home with an in-home ongoing safety plan.

(16) "Counseling" means group and individual counseling, emotional support groups, one-on-one emotional support, AIDS education, and/or information services.

(17) “Court jurisdiction only” means a case where the sending court has an open abuse, neglect or dependency case that establishes court jurisdiction with the authority to supervise, remove, and/or place the child, and where the child is not in the custody or guardianship of an agency or the court at the time the ICPC Request form 100A is completed.

(18) "Date child entered substitute care" means the earlier of the following two dates:

(a) The date the court found the child within the jurisdiction of the court (under ORS 419B.100); or

(b) The date that is 60 days from the date of removal.

(19) "Department" means the Department of Human Services, Child Welfare.

(20) "Deputy compact administrator" means the person appointed by a compact administrator as the coordinator to ensure compliance with the ICPC and OAR 413-040-0200 to 0300.

(21) "Expected outcome" means an observable, sustained change in a parent, guardian or Indian custodian's behavior, condition, or circumstance that, when accomplished, may increase a parent, guardian or Indian custodian's protective capacity and reduce or eliminate an identified impending danger safety threat, and which, when accomplished, may no longer require Child Welfare intervention to manage a child's safety. It is a desired end result and takes effort to achieve.

(22) "Expert evaluation" means a written assessment prepared by a professional with specialized knowledge of a particular subject matter such as physical health, psychological health, mental health, sexual deviancy, substance abuse, and domestic violence. The assessment provides information regarding an individual's functioning in the area of the professional's specialized knowledge, and when the expert is evaluating a parent, guardian or Indian custodian, whether the individual's functioning impacts their protective capacity.

(23) “Face-to-face" means an in-person interaction between individuals. When the parent, guardian, or Indian custodian is an adult in custody at an Oregon Department of Corrections facility, a face-to-face contact includes virtual/video contact when in-person contact is prevented by the facility.

(24) “FDM” means family decision-making meeting as defined by ORS 417.365.

(25) “FEM” means the family engagement meeting. The FEM occurs between 30 – 60 days after a child or young adult has been placed in substitute care or a cooperative case has opened. This meeting is family-focused, facilitated by a highly skilled meeting facilitator, and officially moves the family’s case from co-case management to ongoing case planning with the family and the permanency worker. It is designed to build on the strengths of the family and their team in order to support the written safety plan and meeting conditions for return. These meetings must include Oregon Family Decision Meeting (OFDM) requirements as described in ORS 417.365 to 417.375 regarding concurrent planning. Extended family, natural supports and professionals are invited. The purpose of the family engagement meeting is to continue support case planning with the family to provide for the safety, attachment, and permanency needs of the child and family.

(26) "Family member" means any person related to the child or young adult by blood, marriage, or adoption, including, but not limited to, the parents, grandparents, stepparents, aunts, uncles, sisters, brothers, cousins or great-grandparents. Family member also includes the registered domestic partner of a person related to the child, a child 12 years of age or older, and when appropriate, a child younger than 12 years of age. In a case involving an Indian child under the Indian Child Welfare Act (ICWA), a "family member" is defined by the law or custom of the child's tribe.

(27) “Fictive kin” has the same meaning as kith and means an individual who is not related to the child or young adult by blood, adoption or marriage but has an emotionally significant relationship with the child or young adult that has the characteristics of a family relationship.

(28) "Family plan" means a written document developed at the FDM that includes family recommendations on planning for the child and may include a permanency plan, concurrent permanent plan, placement recommendations, or service recommendations. The "family plan" also includes expectations of the parents, guardians or Indian custodian of the child and other family members, services the Department may provide, timelines for implementation of the plan, benefits of compliance with the plan, consequences of noncompliance with the plan, and a schedule of future meetings if appropriate. The "family plan" described in ORS 417.375(1) is incorporated into the case plan to the extent that it protects the child, builds on family strengths, and is focused on achieving permanency for the child within a reasonable time.

(29) “Form 100A” means the sending agency’s formal written notice to the revocation of its intention to make an interstate placement and a request for a finding as to whether the placement would be contrary to the interests of the child. The form may also include a formal request for a home study. The form accompanies all requests for placement to which the Compact is applicable.

(30) “Form 100B,” Interstate Compact Report on Child’s Placement Status, means the form used to:

(a) Confirm that an approved placement in accordance with the Compact has been made;

(b) Withdraw a request prior to the home study;

(d) Report a change in the placement resource and/or type of care; or

(e) Report a change of address.

(31) "Grandparent" for purposes of notification, visitation, contact, or communication ordered by the court under ORS 419.B876 means the legal parent of the child or young adult’s legal parent, regardless of whether the parental rights of the child or young adult’s legal parent have been terminated under ORS 419B.500 to 419B.524.

(32) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(33) "High-risk behaviors" means the following:

(a) Having shared a needle with an intravenous drug abuser since 1977;

(b) For a man, having had sex with another man or men since 1977;

(d) Persons with hemophilia;

(e) Having been the sexual partner of a person in one of the previous categories;

(f) Being born to a woman whose history has put her in one of these other categories.

(34) "HIV" is the acronym for human immunodeficiency virus. This is the current name for the virus which causes AIDS.

(35) "HIV Infection". People who have been tested and found to have the antibody are referred to as having HIV infection. These people are capable of transmitting the virus through risk behaviors, as described below.

(36) "HIV Positive" means that a blood test has indicated the presence of antibodies to HIV. This means that the person has been infected by the virus and the immune system has responded by producing antibodies. An exception is infants of HIV-infected mothers. They have been exposed to the mother's antibodies and carry these antibodies in their blood for a number of months after birth. A series of tests is necessary to determine if these infants are themselves infected with HIV.

(37) "Home study" means a document containing an analysis of the ability of the applicant to provide safe and appropriate care of a child or young adult.

(38) “Home visit” means a face-to-face contact at an individual’s residence.

(39) “ICPC” or “Compact” means the Interstate Compact on the Placement of Children.

(40) "ICPC approved family" means a family approved by the Interstate Compact on the Placement of Children (ICPC) compact administrator, deputy compact administrator or designee after reviewing a home study.

(41) "ICWA" or "the Act" means the Indian Child Welfare Act of 1978, 25 U.S.C. §§1901-63.

(42) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat to a child is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family function.

(43) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(44) "Indian custodian" means any Indian who has legal custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child.

(45) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 USC section 1602.

(46) "Legal custody" means that a person or agency has legal authority:

(a) To have physical custody and control of a child or young adult ;

(b) To supply the child or young adult with food, clothing, shelter and other necessities;

(d) To authorize medical, dental, psychiatric, psychological, hygienic or other remedial care or treatment for the child or young adult , and in any emergency where the child or young adult's safety appears urgently to require it, to authorize surgery or other extraordinary care; and

(e) "Legal custody" includes temporary custody of a child or young adult under an order of a court.

(47) "Local Citizen Review Board (CRB)" means a board of not less than three nor more than five members appointed by the Chief Justice of the Supreme Court of the State of Oregon to review the cases of all children in the custody of the Department and placed in an out-of-home placement (ORS 419A.090-419A.094).

(48) "Member of the household" means any adult or child living in the home, including the applicant or parent and any caregiving employee or volunteer who resides in the home.

(49) "Ongoing safety plan" means a documented set of actions or interventions that manage a child's safety after the Department has identified one or more impending danger safety threats at the conclusion of a CPS assessment or anytime during ongoing work with a family.

(50)"Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child.

(51) "Parent home study" means a document containing an analysis of the ability of the parent to provide safe and appropriate care of a child or young adult.

(52) "Permanency hearing" means the hearing that determines the permanency plan for the child. The "Permanency Hearing" is conducted by a juvenile court, another court of competent jurisdiction or by an authorized tribal court.

(53) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child or young adult. Although the plan may change as more information becomes available, the goal is to develop safe and permanent family resources with the parents, guardians, or Indian custodian, relatives, or other people who may assume legal responsibility for the child or young adult during the remaining years of dependency and be accessible and supportive to the child or young adult in adulthood.

(54) "Personal care services" means the provision of or assistance with those functional activities described in OAR 413-090-0120 consisting of mobility, transfers, repositioning, basic personal hygiene, toileting, bowel and bladder care, nutrition, medication management, and delegated nursing tasks that a child or young adult requires for their continued well-being.

(55) "Placement" means the arrangement for the care of a child in the home of a parent, guardian or Indian custodian, a resource home, relative resource home, non-paid relative home, or a child-caring agency or institution. It does not include the arrangement for care in an institute caring for the mentally ill, an institution primarily educational in character, or a hospital or other medical facility.

(56) “Qualified individual” means an individual who is:

(a) A trained professional or licensed clinician;

(b) Not an employee of the Department or of the Oregon Health Authority;

(c) Not connected to, or affiliated with, any placement setting in which a child or young adult is placed by the Department.

(57) “Qualified residential treatment program (QRTP)” means a program that:

(a) Provides residential care and treatment to a child or young adult who, based on a QRTP assessment, requires specialized, evidence-based supports and services related to the effects of trauma or mental, emotional or behavioral health needs.

(b) Uses a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of the child or young adult.

(c) Ensures that the staff at the facility includes licensed or registered nurses licensed under ORS chapter 678 and other licensed clinical staff who:

(A) Provide care within their licensed scope of practice;

(B) Are on site according to the treatment model identified in OAR 410-170-0030 (2); and

(d) Facilitates the involvement of the family of the child or young adult, as defined in ORS 418.575, in the treatment program of the child or young adult, to the extent appropriate, and in accordance with the best interests of the child or young adult.

(e) Facilitates outreach to the family of the child or young adult, as defined in ORS 418.575, documents how outreach is made and maintains contact information for any known biological relatives or fictive kin, as defined by the Department.

(f) Documents how the program integrates family into the treatment process of the child or young adult, including after discharge, and how sibling connections are maintained.

(g) Provides discharge planning and family-based after-care support for at least six months following the discharge from the program.

(h) Is accredited as outlined in OAR 413-095-0000 (2).

(58) “QRTP assessment” means an assessment of the strengths and needs of a child or young adult by a qualified individual using the Child and Adolescent Needs and Strengths tool in combination with a review of clinical documentation to determine the most effective and appropriate level of care for the child or young adult.

(59) "Protective capacity" means behavioral, cognitive, and emotional characteristics that can specifically and directly be associated with a person's ability and willingness to care for and keep a child safe.

(60) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(61) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by a public authority or a private person or agency, whether for placement with a state or local public authority or with a private agency or person.

(62) "Registered domestic partner" means an individual joined in a domestic partnership that is registered by a county clerk in accordance with ORS 106.300 to 106.340.

(63) "Reunification" means placement with a parent, guardian or Indian custodian.

(64) "Revocation" means an administrative act by the Department that rescinds an existing Certificate of Approval, Child-Specific Certificate of Approval, or Temporary Certificate of Approval.

(65) "Safety threshold" means the point at which family behaviors, conditions, or circumstances are manifested in such a way that they are beyond being risk influences and have become an impending danger safety threat. In order to reach the "safety threshold" the behaviors, conditions, or circumstances must meet all of the following criteria: be imminent, be out of control, affect a vulnerable child, be specific and observable, and have potential to cause severe harm to a child. The "safety threshold" criteria are used to determine the presence of an impending danger safety threat.

(66) "SAIP" means Secure Adolescent Inpatient Program.

(67) "SCIP" means Secure Children's Inpatient Program.

(68) "Sending agency" means a party state or an officer or employee thereof, a subdivision of a party state or an officer or employee thereof, a court of a party state, or a person, corporation, association, charitable agency, or other entity that sends, brings, or causes to be sent or brought a child to another party state. When an agency chooses to exert legal authority to supervise and or remove and place the child during a court jurisdiction only case, that agency is the sending agency.

(69) "Sending state" means the state from which a proposed placement is made.

(70) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(71) "Substitute caregiver" means a relative caregiver, resource parent, or provider authorized to provide care to a child or young adult in the legal or physical custody of the Department.

(72) "Termination of parental rights" means that a court of competent jurisdiction has entered an order terminating the rights of the parent or parents, pursuant to ORS 419B.500 through 419B.530 or the statutes of another state. The date of the termination order determines the effective date of the termination even if an appeal of that order has been filed (ORS 419A.200).

(73) "Young adult" means a person aged 18 through 20 years.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 50-2026, temporary amend filed 03/31/2026, effective 03/31/2026 through 09/26/2026
CWP 4-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 6-2024, minor correction filed 03/08/2024, effective 03/08/2024
CWP 31-2021, amend filed 12/20/2021, effective 01/01/2022
CWP 17-2021, temporary amend filed 07/06/2021, effective 07/06/2021 through 01/01/2022
CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020
CWP 132-2020, temporary amend filed 06/29/2020, effective 07/01/2020 through 10/04/2020
CWP 122-2020, temporary amend filed 04/08/2020, effective 04/08/2020 through 10/04/2020
CWP 115-2020, minor correction filed 02/20/2020, effective 02/20/2020
CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019
CWP 28-2019, amend filed 06/12/2019, effective 06/12/2019
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 8-2016, f. & cert. ef 6-1-16
CWP 29-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03
SOSCF 15-1998, f. & cert. ef. 7-27-98
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0005 Purpose

The purpose of OAR 413-040-0000 to 413-040-0032 is to describe the activities required to:

(1) Complete a protective capacity assessment;

(2) Use the Family Engagement Meeting;

(3) Develop a case plan;

(4) Develop an action agreement;

(5) Monitor the case plan;

(6) Review and revise the case plan;

(7) Determine when conditions for return have been met; and

(8) Close the ongoing safety plan and close the case.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.010 & ORS 418.005
CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 18-2008, f. & cert. ef. 8-1-08
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03
SOSCF 15-1998, f. & cert. ef. 7-27-98
SCF 4-1997, f. 6-19-97, cert. ef. 6-28-97
SCF 8-1996(Temp) , f. 11-27-96, cert. ef. 12-1-96

Or. Admin. R. 413-040-0006 Requirements for the Conditions for Return and the Protective Capacity Assessment

(1) The caseworker must determine conditions for return during the development of the ongoing safety plan.

(2) The conditions for return are documented in the ongoing safety plan and the case plan, and must describe:

(a) The specific behaviors, conditions, or circumstances that must exist before the Department may develop an in-home ongoing safety plan that assures a child's safety, as described in OAR 413-015-0450(2)(b)(A)(i) - (iii); and

(b) The actions, services, and time requirements of all participants in the in-home ongoing safety plan.

(3) The Department uses the protective capacity assessment to engage the parents or guardians of the child or young adult in a collaborative process to;

(a) Examine and understand the behaviors, conditions, or circumstances that made the child unsafe and the strengths of the parent or guardian that build protective capacity;

(b) Examine and understand how the behavioral, cognitive and emotional characteristics of the parents or guardians impact their ability to care for and keep the child safe;

(c) Determine the expected outcomes related to the behaviors, conditions, or circumstances of the parents or guardians that may increase protective capacity and reduce or eliminate the identified impending danger safety threat; and

(d) Identify services or activities that are likely to achieve the expected outcomes.

(4) Whenever possible, the Department and the parents or guardians should come to agreement on expected outcomes and the actions, services, and activities to achieve the expected outcomes.

(5) The caseworker must:

(a) Complete the following activities within five days of assignment to the caseworker during the CPS assessment or after replacing or adding an impending danger safety threat during ongoing case management:

(A) Review the Child Welfare case history, case documentation, and the actions and decisions of the most recent CPS assessment;

(B) Review and update as necessary the ongoing safety plan by contacting all participants in the safety plan to determine whether the ongoing safety plan assures the safety of the child;

(D) Document the review of the ongoing safety plan and conditions for return in the Department's electronic information system.

(b) Complete the following activities:

(A) Conduct reasonable inquiries for the purpose of identifying individuals who may contribute to the caseworker's understanding of the protective capacity of the parents or guardians and the safety of the child. Such individuals may include parents or guardians, grandparents, extended family, an Indian child's tribe, and any other family members, persons with significant attachments to the child, other professionals, substitute caregivers, neighbors, and friends of the family. Reasonable inquiries mean, as defined in ORS 417.371(4)(b), efforts that include reviewing the case file for relevant information, contacting the parents or guardians, and contacting additional sources of information for the purpose of ascertaining the whereabouts of family members, if necessary.

(B) Gather information from these individuals through individual interviews or meetings for the purpose of identifying and understanding the needs, concerns, strengths, and limitations associated with the protective capacity of parents or guardians and assessing the impact on the child's safety.

(i) The existing protective capacities of parents or guardians that contribute to child safety;

(ii) The diminished protective capacities of parents or guardians that must change for the parents or guardians to care for and keep the child safe; and

(iii) The parents' or guardians' readiness to change.

(D) Whenever possible, collaboratively identify with the parents or guardians:

(i) Other family members, persons with significant attachments to the child, community members, and members of an Indian child's tribe who may contribute to meeting the conditions for return and actively participate in an ongoing safety plan or enhancing the protective capacity of the parents or guardians; and

(ii) Actions and services that may reduce or eliminate identified safety threats or enhance the protective capacity of the parents or guardians.

(E) Inform the parents or guardians of the Department's actions and decisions regarding identified impending danger safety threats, conditions for return, protective capacity, and the ongoing safety plan.

(F) Enter the findings of the protective capacity assessment, the information obtained by conducting the activities required in paragraphs (A) to (D) of this subsection, and the conditions for return in the Department's information system.

(6) The caseworker must document the findings of the protective capacity assessment and the conditions for return in the case plan.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 409.010
CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 18-2008, f. & cert. ef. 8-1-08
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-040-0008 Requirements for a Family Engagement Meeting

(1) When the child has been placed in substitute care or the Department is working a cooperative in-home plan for more than 30 days, the Department must schedule an FEM. The meeting is scheduled between the 30th and 60th day of the out-of-home care placement or from the time of safety threat identification resulting in a cooperative in-home case.

(2) Prior to the FEM, the Department must conduct and document reasonable inquiries to promptly locate and invite the parents and an Indian child’s tribe. The Department may conduct and document reasonable inquiries to promptly locate and invite grandparents and any other family member who has had significant, direct contact with the child in the year prior to the substitute care placement . Other participants in the meeting must include the child ,if the child is 12 years of age or older, and for a child 14 years of age and older, at their option, up to two members of the case planning team who are chosen by the child . Other participants in the meeting may include a child younger than 12 when appropriate, other professionals, foster parents, neighbors, and family and friends of the family.

(3) Family members or an Indian child's tribe who are located after reasonable inquiries must be notified by the Department of the FEM in a timely manner to allow them the opportunity to be prepared for and attend the meeting.

(4) Other participants may be jointly identified by the parents, guardians, Indian custodian of the child , and the Department, and the Department must notify identified participants in a timely manner to allow them the opportunity to prepare for and attend the meeting.

(5) To assist the family in developing the family's plan for the child , the Department must provide participants with information regarding the federal timeline for determining permanency for the child and the Oregon Administrative Rules that govern the sufficiency of a safety plan, conditions for return , and reunification .

(6) The located family members may attend the FEM unless the other participants determine that a family member may threaten or place other participants at risk. The Department may exclude family members it determines are violent, unpredictable, or abusive or an alleged perpetrator of sexual abuse, domestic violence, or severe physical assault.

(7) Family members who are not invited or allowed to participate may submit written information and recommendations to the caseworker prior to the scheduled meeting concerning the subjects of the FEM , including feedback regarding the placement of the child , permanency plan , concurrent permanent plan , and services.

(8) During the FEM , family members may develop a family plan for the child .

(9) Any family member or tribal representative participating in an FEM must sign a written acknowledgment of the content of the family plan developed at the meeting and of his or her attendance at the meeting.

(10) The Department must send a copy of the family plan developed at the FEM within 21 days after the date of the meeting to family participants, including those who participated by submitting written information and recommendations.

(11) The Department must incorporate the family plan developed at the FEM into the Department case plan to the extent that the family plan protects the child , builds on family strengths, and focuses on achieving permanency for the child within a reasonable time. If the family's plan developed at the meeting cannot be incorporated into the Department’s case plan , the reasons shall be documented in the Department’s case plan .

(12) The Department is responsible for confirming that any family plan developed at an FEM is sufficient to ensure the safety or permanency of the child before implementing a family plan developed at an FEM.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 409.010
CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
Renumbered from 413-040-0031, CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03
Repealed by CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03, Renumbered from 413-040-0015
SOSCF 15-1998, f. & cert. ef. 7-27-98, Renumbered from 413-040-0075
SOSCF 1-1998(Temp), f. & cert. ef. 1-28-98 thru 7-27-98

Or. Admin. R. 413-040-0010 Requirements for the Case Plan

(1) The caseworker must analyze the information gathered during the protective capacity assessment to develop a case plan. The case plan must include all of the following information:

(a) Family composition, which includes the information identifying each child, each young adult, and each parent or guardian.

(b) Original impending danger safety threats identified in the CPS assessment as described in OAR 413-015-0425.

(c) The ongoing safety plan including any additional impending danger safety threats identified since the CPS assessment, as described in OAR 413-015-0450 and recorded in the Department's information system.

(d) The findings of the protective capacity assessment.

(e) Expected outcomes and actions that each parent or guardian is taking to achieve them.

(f) Services (if applicable) to the child or young adult that include:

(A) The identified needs of and services provided to any child or young adult placed in substitute care, including the results of the CANS screening, the personal care services provided to an eligible child or young adult under OAR 413-090-0100 to 413-090-0210, and other current assessments or evaluations of the child or young adult, and the reasons the substitute care placement is the least restrictive placement to meet the child or young adult's identified needs;

(B) The health information of the child or young adult, which documents the child's routine and specialized medical, dental, and mental health services;

(C) The education services of the child or young adult, the school or educational placement history of the child or young adult, high school credits earned for a child over 14 years of age or a young adult, and any special educational needs; and

(D) Services to transition the child or young adult to successful adulthood in all cases when the child is 14 years of age or older.

(g) Services the Department will provide including:

(A) Case oversight and routine contact with the parents or guardians and the child or young adult;

(B) Appropriate and timely referrals to services and service providers suitable to address identified impending danger safety threats or strengthen parental protective capacity;

(C) Appropriate and timely referrals to services and service providers suitable to address the needs of the child or young adult as identified through the CANS screening and other current assessments or evaluations of the child or young adult; and

(D) Timely preparation of reports to the court or other service providers.

(h) The date that the progress of the parents or guardians in achieving expected outcomes will be reviewed. The case plan must be reviewed with the parents or guardians every 90 days; however, the caseworker and parents or guardians may agree on a review date at any time within the 90-day period.

(i) When the child or young adult is in substitute care, the case plan must also include:

(A) Current placement information including:

(i) The location of the child or young adult and the substitute caregiver of the child or young adult, except when doing so would jeopardize the safety of the child, young adult, or the substitute caregiver, or the substitute caregiver will not authorize release of the address; and

(ii) Documentation that shows that the child or young adult is receiving safe and appropriate care in the least restrictive environment able to provide safety and well-being for the child or young adult.

(B) The child or young adult's record of visits with his or her parents and siblings.

(D) The conditions for return.

(E) The concurrent permanent plan and the progress the Department has made in implementing the concurrent permanent plan.

(j) The case plan for any child or young adult in foster care who has attained 14 years of age must include:

(A) A document that describes:

(i) The rights of the child or young adult with respect to education, health, visitation, and court participation;

(ii) The right to be provided with a copy of the young adult’s birth certificate, social security card, health insurance information, medical records, and a driver’s license or equivalent state-issued identification card when the child leaves foster care having attained age 18 or greater; and

(iii) The right to stay safe and avoid exploitation.

(B) A signed acknowledgment by the child or young adult that the child or young adult has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way.

(k) If the child or young adult is placed in a qualified residential treatment program ( QRTP ), the case plan must include documentation of the following:

(A) In accordance with the best interests of the child or young adult , the reasonable and good faith efforts of the Department to identify and include all of the individuals required to be on the family and permanency team of the child or young adult , including:

(i) Appropriate biological family members, relatives and fictive kin of the child or young adult ;

(ii) Appropriate professionals who are a resource to the family of the child or young adult , including teachers, medical or mental health providers who have treated the child or young adult, or clergy; and,

(iii) If the child or young adult has attained the age of 14 years, individuals selected by the child or young adult, as described in OAR 413-040-0010 (3)(c).

(B) Contact information for members of the family and permanency team of the child or young adult as described in (1) (k) (A) (i) to (iii) of this rule, as well as contact information for the other family members and fictive kin of the child or young adult who are not part of the family and permanency team;

(C) Evidence that meetings of the family and permanency team, including meetings related to the QRTP assessment , are held at a time and place convenient for the family of the child or young adult ;

(D) If reunification is the permanency plan, evidence demonstrating that the parent from whom the child or young adult was removed provided input regarding who should be members of the family and permanency team;

(E) Evidence that the QRTP assessment is determined in conjunction with the family and permanency team;

(F) The placement preferences of the family and permanency team, including the team’s placement preferences regarding the placement of the child or young adult together with siblings unless there is a finding by the court that such placement is contrary to their best interests.

(G) If the setting recommended by the qualified individual conducting the QRTP assessment is different than the placement preferences of the family and permanency team and of the child or young adult , the reasons why the preferences of the team and of the child or young adult were not recommended.

(H) The written recommendations by the qualified individual regarding the appropriateness of the QRTP placement and the court approval or disapproval of the QRTP placement.

(2) As applicable, the caseworker must also include in the case plan:

(a) The goals and activities required for an Indian child under OAR 413-115-0030 to 413-115-0130 or for a refugee child under OAR 413-070-0300 to 413-070-0380.

(b) Recommendations of expert evaluations requested by the Department whenever the recommendations may impact parental protective capacities or treatment services for the child or young adult. If the recommendations are not included in the case plan, the rationale must be documented in the Department's information system.

(c) Diligent efforts to place the child or young adult with relatives and with siblings who are also in substitute care, sibling connections, and the Department's efforts to keep siblings together.

(d) Orders of the court.

(3) The persons involved with the Department in the development of the case plan include:

(a) The parents or guardians, unless their participation threatens or places other participants at risk;

(b) The child who has obtained 14 years of age or the young adult; and

(c) At the option of the child or young adult, up to two members of the case planning team chosen by the child or young adult who are not:

(A) A foster parent;

(B) A caseworker for the child or young adult; or

(C) An individual the Department has good cause to believe would not act in the best interests of the child or young adult.

(d) One of the individuals in subsection (c) of this section may be designated to be the advisor of the child or young adult, and as needed, advocate for the child or young adult with respect to the application of the reasonable and prudent parent standard to the child or young adult.

(4) Additional persons involved with the Department in the development of the case plan may include the child regardless of age or young adult, adoptive parents, an Indian custodian when applicable, other relatives, persons with significant attachments to the child or young adult, the substitute caregiver, and other professionals when appropriate.

(5) The case plan must include the signature of the caseworker and each parent or guardian, unless subsections (7)(a) or (7)(b) of this rule apply.

(6) Approval and distribution of the case plan.

(a) The Child Welfare supervisor must approve and sign the case plan.

(b) The caseworker must give a copy of the case plan to the parents or guardians of the child or young adult, and the Indian child's tribe when applicable, as soon as possible but no later than seven working days after the case plan is approved by the supervisor, except when doing so would provide information that places another person at risk.

(7) Exceptions and exemptions to the required case plan.

(a) A court may authorize an exception to the involvement of the parents or guardians when it determines that reasonable efforts to return the child home are not required, as described in OAR 413-070-0515.

(b) When the Department has custody of a child or young adult in substitute care and is unable to obtain the signature of a parent or guardian, the caseworker must prepare and send a letter of expectations and a copy of the case plan to the parent or guardian within seven working days after the supervisor has approved and signed the case plan. A letter of expectations means an individualized written statement for the family of the child or young adult that identifies family behaviors, conditions, or circumstances that resulted in an unsafe child; the expected outcomes; and what the Department expects each parent or guardian will do to achieve safety, permanency, and well-being of the child or young adult in the parental home.

(c) A case plan as described in sections (1) to (5) of this rule is not required if a family, child, or young adult is eligible for Family Support Services as described in OAR 413-030-0000 to 413-030-0030.

(8) Timeline for case plan development. The caseworker must develop the case plan within 60 days of a child's removal from home or within 60 days of the completion of the CPS assessment, in cases where the child remains in the home of a parent or guardian.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005 & ORS 409.010
CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020
CWP 131-2020, temporary amend filed 06/29/2020, effective 07/01/2020 through 12/27/2020
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 2-2016, f. & cert. ef. 2-1-16
CWP 25-2015(Temp), f. & cert. ef. 11-24-15 thru 5-21-16
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 18-2008, f. & cert. ef. 8-1-08
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03
SOSCF 19-2000, f. & cert. ef. 8-8-00
Reverted to SOSCF 15-1998, f. & cert. ef. 7-27-98
SOSCF 4-2000(Temp), f. & cert. ef. 1-31-00 thru 7-28-00
SOSCF 15-1998, f. & cert. ef. 7-27-98
SCF 4-1997, f. 6-19-97, cert. ef. 6-28-97
Reverted to SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
SCF 8-1996(Temp), f. 11-27-96, cert. ef. 12-1-96
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0011 Requirements of Action Agreements

(1) The Department develops a time-limited action agreement in conjunction with the case plan. If sufficient resources are available, the action agreement must use culturally appropriate services and service providers whose interventions are focused on the achievement by the parents or guardians of the expected outcomes identified in the case plan.

(2) The caseworker must ensure the action agreement includes all of the following:

(a) A minimum of one of the expected outcomes in the case plan.

(b) The specific activities or services required to achieve the expected outcome.

(d) Anticipated start and completion dates.

(e) If appropriate, identification of an order of the court that relates to the expected outcome or specified activities or services.

(f) The method of measuring progress.

(g) A timeline for review.

(3) A caseworker may develop sequential action agreements with a parent or guardian, and each action agreement must include the information required in section (2) of this rule.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-040-0014 Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management

(1) A caseworker may replace an identified impending danger safety threat or add a new impending danger safety threat to an ongoing safety plan during ongoing case management.

(a) A caseworker may replace an identified impending danger safety threat when:

(A) The Department determines the incorrect impending danger safety threat was identified during the CPS assessment in error; or

(B) After completing a protective capacity assessment, receiving evaluations, or based on other new information, the Department determines there is an impending danger safety threat that more accurately describes the family behaviors, conditions, or circumstances.

(b) A caseworker may add an impending danger safety threat to an ongoing safety plan during ongoing case management when a change occurs in the family behaviors, conditions, or circumstances that is not a new allegation of abuse or neglect, but indicates a new impending danger safety threat is present.

(2) Prior to adding a new impending danger safety threat, the caseworker must:

(a) Apply the safety threshold criteria as outlined in OAR 413-015-0425(2)(a) to (e), assure all five criteria are met and, if so, document in the Department’s electronic information system the application of the safety threshold criteria and how the impending danger safety threat is occurring; and

(b) Review and update as necessary the ongoing safety plan, conditions for return, and protective capacities and complete the activities outlined in OAR 413-040-0006.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 409.010 & 418.005
CWP 19-2015, f. & cert. ef. 10-1-15

Or. Admin. R. 413-040-0016 Requirements for Review of the Case Plan

(1) The case plan is reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents or guardians, unless excluded under section (3) of this rule. The meeting may include the child at any age if developmentally appropriate, service providers, safety plan participants, substitute caregivers, attorneys, a child or young adult's CASA, persons with significant attachments to the child or young adult, and family members. The meeting must include the child 14 years of age or older or young adult and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010(3)(c).

(2) During the case plan review, the caseworker assesses and determines the progress that has been made in achieving the expected outcomes of the case plan, and, when the child or young adult is in substitute care, the progress toward meeting the conditions of return.

(3) Exceptions to the face-to-face case plan review. If a parent or guardian is not available for the review, the caseworker must document the reason the parent or guardian was unavailable and the efforts that were made to involve the parent or guardian in the review.

(4) During a case plan review, the caseworker must consider input received from the child or young adult, the service providers, safety plan participants, substitute caregivers, attorneys, a child or young adult's CASA, persons with significant attachments to the child or young adult, and family members.

(5) Subsequent to the face-to-face meeting, the caseworker documents all of the following in the Department's information system:

(a) The services provided and the progress of the parents or guardians in achieving expected outcomes or, when a child is in substitute care, meeting the conditions of return.

(b) Observations of improved parent or guardian protective capacity based on specific behaviors, conditions, or circumstances that have measurably changed.

(c) Input received from service providers, substitute caregivers, attorneys, the child or young adult's CASA, persons with significant attachments to the child or young adult, and family members.

(d) The addition, reduction, or elimination of the identified impending danger safety threats.

(e) The actions the Department has taken to develop and implement the concurrent permanent plan for the child or young adult in substitute care if a parent or guardian has not demonstrated progress in achieving the conditions for return in a timely manner including:

(A) A review of the child or young adult's education, health, and mental health services to ensure the needs of the child or young adult are being met;

(B) A review of other services provided to address the identified needs of the child or young adult, including those identified through the CANS screening;

(D) An assessment of the capacity of the substitute caregiver to meet the identified needs of the child or young adult as described in OAR 413-070-0640.

(E) A review of the participation by, the child or young adult in age-appropriate or developmentally appropriate activities, and any identified barriers to participation in extracurricular, enrichment, social, and cultural activities that are of interest to the child or young adult; and

(F) An assessment of the capacity of the substitute caregiver to apply the reasonable and prudent parent standard.

(6) Within 30 days of receiving an expert evaluation requested by the Department, the caseworker must consider revising the case plan to include recommendations that will improve parent or guardian protective capacity related to the identified impending danger safety threats. If the recommendations are not included in the case plan, the rationale must be documented in the Department's information system.

(7) The Child Welfare supervisor must review the caseworker's documentation of the case plan review, and document completion of the review in the Department's information system every 90 days. The supervisor must review, approve, and sign the six-month case plan review submitted for required administrative review.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 409.010 & 418.005
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
Renumbered from 413-040-0063, CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03, Renumbered from 413-040-0045
SOSCF 15-1998, f. & cert. ef. 7-27-98, Renumbered from 413-040-0030
SCF 4-1997, f. 6-19-97, cert. ef. 6-28-97
Reverted to SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
SCF 8-1996(Temp), f. 11-27-96, cert. ef. 12-1-96
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0017 Requirements for Return and Reunification

(1) The caseworker recommends returning the child or young adult to a parent or guardian after the caseworker has reviewed the impending danger safety threats identified in the CPS assessment that required an out-of-home ongoing safety plan and verified that:

(a) The conditions for return in the case plan have been met;

(b) The identified impending danger safety threats can be managed with an ongoing safety plan;

(c) The parents or guardians are willing and able to accept responsibility for the care of the child or young adult with an ongoing safety plan;

(d) The parents or guardians are willing and able to continue participating in case plan services;

(e) Service providers who are currently working with the child, young adult, parents or guardians, and other involved persons including the child or young adult's CASA and attorneys have been informed, in writing, of the plan to return the child or young adult with an in-home ongoing safety plan; and

(f) No safety concerns for the child or young adult are raised in the caseworker's review of the criminal history records and child welfare protective service records of all persons currently residing in a parent or guardian's home.

(2) When the child or young adult is returning to a parent living in a residential treatment facility, an alcohol and drug free housing program, or a residential domestic violence program, the Department does not review the criminal history records and child welfare protective service records of persons living in the state funded facilities and programs.

(3) If the caseworker cannot confirm that identified impending danger safety threats can be managed if the child or young adult is returned to a parent or guardian with an in-home ongoing safety plan, the child or young adult must remain in substitute care.

(4) The caseworker's supervisor must review and concur that conditions for return have been met, and that any disagreement with the plan to return the child or young adult has been reviewed and considered in the development of the in-home ongoing safety plan prior to the caseworker recommending to the court that a child or young adult be returned to a parent or guardian.

(5) The in-home ongoing safety plan must specifically document the planned caseworker and safety service provider contacts with the child or young adult and the parent or guardian, when the child or young adult is returned to the parent or guardian.

(6) The caseworker must revise, as necessary, and confirm the sufficiency of an in-home ongoing safety plan that will manage impending danger safety threats as they are uniquely occurring within a particular family prior to the child or young adult's physical return.

History

Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 409.010 & 418.005
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 18-2008, f. & cert. ef. 8-1-08
CWP 4-2007, f. & cert. ef. 3-20-07
CWP 31-2003, f. & cert. ef. 10-1-03

Or. Admin. R. 413-040-0024 Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact

(1) When the caseworker determines the conditions for return have been achieved and identified impending danger safety threats can be managed when a child or young adult is returned to a parent, guardian or Indian custodian, the caseworker must develop an in-home ongoing safety plan. The caseworker's supervisor must:

(a) Approve the proposed in-home ongoing safety plan during the five working days prior to the return of a child or young adult to the home of a parent, guardian or Indian custodian of the child or young adult; and

(b) Document the approval in the Department's information system.

(2) After a proposed in-home ongoing safety plan returning a child or young adult to the parent, guardian or Indian custodian's home is approved by the caseworker's supervisor, the caseworker must complete all of the following activities:

(a) Have face-to-face contact with the child or young adult, outside the presence of a parent, guardian or Indian custodian, at least once during the five days prior to the return of the child or young adult to the home to confirm the readiness of and prepare the child or young adult for the return home.

(b) Have face-to-face contact with the parent, guardian or Indian custodian in the home of the parent, guardian or Indian custodian, at least once during the five days prior to the return of the child or young adult to the home, to verify:

(A) The behaviors, conditions, and circumstances in the home are safe for the return of the child or young adult;

(B) Confirmation of all persons living in the household;

(D) The parent, guardian or Indian custodian is willing and able to participate in the ongoing safety plan; and

(E) The parent, guardian or Indian custodian is willing and able to continue in case plan services.

(c) If the Department is not permitted in the home because it is the home is a confidential shelter home or a safe house, the information listed in (b) must be gathered from collateral sources.

(d) If necessary, revise the proposed in-home ongoing safety plan to ensure that it is able to manage impending danger safety threats as they are uniquely occurring within the family prior to the child or young adult's physical return.

(e) Confirm the in-home ongoing safety plan with the parent, guardian or Indian custodian, and obtain the signature of the parent, guardian or Indian custodian.

(f) Document the revised in-home ongoing safety plan in the Department's information system.

(3) After a proposed in-home ongoing safety plan returning a child or young adult to the parent, guardian or Indian custodian's residential treatment facility, an alcohol and drug free housing program,or confidential shelter home or safe house is approved by the caseworker's supervisor, the caseworker must complete all of the following activities:

(b) Contact the parent, guardian or Indian custodian at least once during the five days prior to the return of the child or young adult to the home, to verify:

(A) The parent, guardian or Indian custodian is ready for the return of the child or young adult;

(B) The parent, guardian or Indian custodian is willing and able to participate in the ongoing safety plan;

(c) Verify that the residential treatment facility, an alcohol and drug free housing program, or confidential shelter home or a safe house is a safe environment for the child or young adult. If Department is not permitted to observe the environment because the facility or program is a confidential shelter home or a safe house, the caseworker must verify it is a safe environment by gathering the information from collateral sources.

(d) If necessary, revise the proposed in-home ongoing safety plan to ensure that it is able to manage the impending danger safety threats as they are uniquely occurring prior to the child or young adult's physical return.

(e) Confirm the in-home ongoing safety plan with the parent, guardian or Indian custodian and obtain the signature of the parent, guardian or Indian custodian.

(f) Document the revised ongoing safety plan in the Department's information system.

(4) In the event a court orders the return of a child or young adult to a parent, guardian or Indian custodian of the child or young adult before an in-home ongoing safety plan can be developed and approved in accordance with the criteria in OAR 413-015-0450 and this rule:

(a) The caseworker must complete the activities described in this rule as soon as practicable, but not later than seven working days following the court order; and

(b) If the caseworker disagrees with the order of the court, the caseworker must immediately consult with his or her supervisor.

(5) The caseworker must have face-to-face contact with the child or young adult in the home of the parent, guardian or Indian custodian the day following the return home of the child or young adult. The caseworker must:

(a) Monitor the safety of the child or young adult by completing the activities required by OAR 413-080-0055(2);

(b) Follow the requirements of OAR 413-080-0055(4)-(6), as appropriate; and

(c) Document observations and the conditions of the residence in the Department's information system within seven business days of the face-to-face contact.

(d) If the Department is not permitted into the home because the child is residing with a parent, or guardian or Indian custodian in a confidential shelter home or a safe house, the monthly face-to-face requirement with the child must be conducted in another location.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.010 & ORS 418.005
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
CWP 18-2008, f. & cert. ef. 8-1-08
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-040-0032 Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case

(1) When a child or young adult is in the home of the parent, guardian or Indian custodian and the parent, guardian or Indian custodian can sustain the safety of the child or young adult, the caseworker must assess when the in-home ongoing safety plan should close.

(2) When assessing whether the in-home ongoing safety plan can be closed, the caseworker must determine whether:

(a) The parent, guardian or Indian custodian has demonstrated capacity to sustain the safety of the child or young adult based upon:

(A) Observations of the child or young adult and the parent, guardian or Indian custodian in the home. If the Department is not permitted in the home because the home is a confidential shelter home or a safe house, the caseworker must observe the child or young adult and the parent, guardian or Indian custodian at another location.

(B) Expert evaluations and reports from service providers;

(D) The extent to which the achievement of expected outcomes supports the ability of the parent, guardian or Indian custodian to sustain the safety of the child or young adult; and

(E) Consultation with other individuals participating with the parent, guardian or Indian custodian to sustain the safety of the child or young adult.

(b) The child or young adult is safe in the home based upon:

(A) The elimination of the identified impending danger safety threats or the protective capacity of the parent, guardian or Indian custodian is sufficient to manage identified impending danger safety threats;

(B) The willingness and ability of the parent, guardian or Indian custodian to protect the child or young adult; and

(C) Caseworker confidence in the ability of the parent or guardian to sustain the safety of the child or young adult over time.

(3) The caseworker must document the determination that the in-home ongoing safety plan can be closed and the facts supporting the ability of the parent, guardian or Indian custodian to provide safety for the child or young adult and to sustain the safety of the child or young adult.

(4) The caseworker's supervisor must review the caseworker's documentation to ensure the criteria in section (2) of this rule are met and concur that the in-home ongoing safety plan can be closed prior to approving the closure of the safety plan.

(5) The caseworker closes the in-home ongoing safety plan and the case when the court dismisses the commitment of the child or young adult to the Department or the court's wardship over the child terminates.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.010 & ORS 418.005
CWP 67-2026, amend filed 08/19/2026, effective 09/01/2026
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 21-2009, f. & cert. ef. 12-29-09
CWP 4-2007, f. & cert. ef. 3-20-07

Or. Admin. R. 413-040-0100 Purpose

An outline of the required review process to maintain a child or young adult who is in the physical or legal custody of the Department and placed in substitute care. These rules emphasize that child safety, permanency and well-being are the paramount concerns guiding the review process for providing and maintaining services to children in Department care or custody.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 419A.090 – 419A.122, 419B.440 – 419B.476 & 419C.623 – 419C.656
CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020
CWP 19-2015, f. & cert. ef. 10-1-15
CWP 23-2003, f. & cert. ef. 5-22-03
SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0130 Administrative Reviews for Title IV and ORS 419A.090 et seq.

(1) Administrative reviews will be held on:

(a) All children in the legal or physical custody of the Department and placed in paid or unpaid substitute care, including court sanctioned permanent foster care, a non-finalized adoptive placement; subsidized independent living; or returned to a parental home on the basis of a trial home visit;

(b) All children placed in substitute care with a Voluntary Custody Agreement or Child Placement Agreement.

(2) Exceptions to the administrative review requirements are:

(a) Children placed directly from the hospital into a nursing home without a prior substitute care placement;

(b) Children hospitalized on a long-term acute basis; or

(3) An administrative review shall be held within six months following the first day of placement in care and every six months thereafter from the date of the last review. The administrative review requirement may be met by:

(a) A local CRB review conducted in accordance with ORS 419A.090 through 419A.128;

(b) A Permanency Hearing or other court hearing meeting the definition of a complete judicial review, held no earlier than five months after placement when the court relieves the CRB of its responsibility to review the case pursuant to ORS 419A.106 (1)(b); or

(c) An Internal Review Committee. In exceptional and rare circumstances, in the absence of a review by a local CRB or court, an internal review committee may be convened to conduct an internal administrative review. An internal review will not relieve the Department of the requirements for CRB reviews in those counties where the local CRB boards operate, therefore, a review must be scheduled with the CRB or court within 30 days of the internal review. At least one member of the internal review committee must not be involved with day-to-day planning on the case. After concluding the internal review, the committee must complete and distribute a findings document to the participants and the CRB (contents should be similar to the findings issued by the CRB).

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title IV, ORS 419A.090-122, 419B.440-476 & 419C.623-656
CWP 23-2003, f. & cert. ef. 5-22-03
SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0135 Responsibility for Administrative Reviews

(1) Responsibility for CRB Reviews when more than one Department office, cluster or state is involved with the case. Offices will meet the administrative review requirements for children in placements as follows:

(a) For Oregon children in substitute care placements inside and outside of Oregon, the local Department office in the county holding legal jurisdiction is responsible for the administrative review.

(A) Information about a child placed out-of state will be requested through Interstate Compact on the Placement of Children (ICPC) from the supervising state; and

(B) The Oregon caseworker will compile information for the review on family members residing in Oregon and receiving Department services.

(b) For non-finalized adoptive placements on fully free children, the supervising Department office is responsible for the administrative review.

(c) For children in the legal custody of the Department whose placement is being co-managed by the Department and mental health or developmental disability case managers:

(A) The Department office in the county holding legal jurisdiction is responsible for the administrative review. The mental health or development disability case managers will be invited and encouraged to participate in the review;

(B) The Department caseworker will gather information for the review from the Mental Health or Developmental Disabilities case manager; and

(2) Review Requirements for Hospitalized Children and Children on Runaway Status. Administrative Reviews must be held for the following children:

(a) Children returned to care from SAIP or SCIP. The review must be held within 30 days of the child's return to care if the review would have been due during the child's hospitalization, with the exception of children placed directly from the hospital into a nursing home, without a prior substitute care placement.

(b) Children placed in an accredited psychiatric facility or hospital shall continue to have regularly scheduled CRB reviews.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005, 419A.090-122, 419B.440-476 & 419C.623-656
CWP 2-2006, f. & cert. ef. 2-1-06
CWP 23-2003, f. & cert. ef. 5-22-03

Or. Admin. R. 413-040-0140 Permanency Hearings by the Court

A Permanency Hearing must be held no later than 12 months after a child was found within the jurisdiction of the court under ORS 419B.100 or 14 months after the child was placed in substitute care, whichever is the earlier, and thereafter no less frequently than 12 months for as long as the child remains in substitute care. The Permanency Hearing will:

(1) Be held for all children in the legal or physical custody of the Department and placed in paid or unpaid substitute care including, but not limited to, children in foster or relative placements, group homes, permanent foster care, emergency shelters, residential facilities, non-finalized adoptive placements, subsidized independent living, accredited psychiatric facilities, SAIP, and SCIP. Children's permanency hearings continue regardless of whether the placement is licensed or certified or, the child is on runaway status, or the child is returned to a parental home on the basis of a trial home visit.

(2) Be conducted by a juvenile court, another court of competent jurisdiction, or by an authorized tribal court; and

(3) Determine the permanency plan for the child that includes whether, and if applicable, when the child will:

(a) Be returned to the parent;

(b) Be placed for adoption and the Department shall file a petition to terminate the parental rights of the parent(s) to a child in Department custody;

(d) Be placed in another planned permanent living arrangement. If the Department has determined that is not in the best interest of the child to file a petition for termination of parental rights, the case plan must also contain documentation for review by the court that:

(A) The child is being cared for by a relative and that placement is intended to be permanent; or

(B) There is a compelling reason that filing such a petition would not be in the best interests of the child. Such compelling reasons include, but are not limited to:

(i) The parent is successfully participating in services that will make it possible for the child to safely return home within a reasonable time;

(ii) Another permanent plan is better suited to meet the health and safety needs of the child;

(iii) The court or local CRB in a prior hearing or review determined that while the case plan was to reunify the family the Department did not make reasonable efforts or, if the Indian Child Welfare Act applies, active effort to make it possible for the child to safely return home; or

(iv) The Department has not provided to the family of the child, consistent with the time period in the case plan, such services as the Department deems necessary for the child to safely return home, if reasonable efforts to make it possible for the child to safely return home are required to be made with respect to the child.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005, 419A.090-419A.122, 419B.440-419B.476 & 419C.623-419C.656
CWP 2-2006, f. & cert. ef. 2-1-06
CWP 23-2003, f. & cert. ef. 5-22-03
SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0145 Court Notification of Placement Changes and Request for Hearing

(1) When a caseworker, in consultation with asupervisorasoutlined in OAR 413-080-0051, removes a child or young adult in the legal custody of the Department from the physical custody of a parent or guardian to manage the safety of the child or young adult , the caseworkermust:

(a) Promptly complete a written report on a form approved by the Department and send the report to the juvenile court and all legal parties listed in ORS 419B.875 the day the child or young adult is placed into substitute care or no later than the morning of the next business day;

(b) Promptly request an expedited review hearing on the court’s shelter hearing docket the day the child or young adult is placed into substitute care or no later than the morning of the next business day; and

(c) If the caseworker knows or has reason to know the child is an Indian child , the worker must also comply with OAR 413-115-0050 through 0090.

(2) The Department must notify the court when a permanent foster care placement disrupts so the court can take appropriate action, including scheduling a permanency hearing.

(3) Unless section (4) of this rule applies, the Department must file a report with the juvenile court when the Department has removed or plans to remove a child or young adult from a foster home as defined in ORS 418.625 that is certified under ORS 418.635 and the removal is for the purpose of placing the child or young adult in a different substitute care placement if:

(a) The child or young adult has resided for 12 consecutive months or more in the foster home; or

(b) The child or young adult resides or resided in the foster home pursuant to a permanent foster care agreement.

(4) The Department is not required to file a report under section (3) of this rule when:

(a) The removal of the child or young adult was made following a founded allegation of abuse or neglect by the foster care provider of the child or young adult;

(b) The removal was made to address an imminent threat to the health or safety of the child or young adult pending completion of an investigation of reported abuse or neglect by the foster care provider of the child or young adult;

(c) The Department has placed the child with a person who has been selected by the Department to be the adoptive parent, when the selection has become final after the expiration of any administrative or judicial review procedures under ORS chapter 183; or

(d) The removal was made at the request of the foster care provider.

(5) The Department must attend a court review hearing scheduled by the court.

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 419B.373, ORS 419B.376, ORS 419B.440 - 419B.476 & ORS 419C.623 - 419C.656
CWP 68-2023, minor correction filed 06/15/2023, effective 06/15/2023
CWP 31-2021, amend filed 12/20/2021, effective 01/01/2022
CWP 17-2021, temporary amend filed 07/06/2021, effective 07/06/2021 through 01/01/2022
CWP 8-2016, f. & cert. ef 6-1-16
CWP 29-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
CWP 23-2003, f. & cert. ef. 5-22-03
SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99

Or. Admin. R. 413-040-0150 Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings

(1) The local Department office shall provide correspondence information to the local CRB to assure that written notice of the review is provided to the Department, any other agency directly responsible for the care or placement of the child, the parents or their attorneys, foster parents, surrogate parents, persons granted intervener status, mature children or their attorneys, court-appointed attorney or court appointed special advocate for any child, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative.

(2) The local Department office shall provide foster parent, pre-adoptive parent, grandparent, or relative who is actively providing care for a child, notice of any court hearing concerning the child.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 419A.090 – 419A.122, 419B.440 – 419B.476 & 419C.623 – 419C.656
CWP 8-2016, f. & cert. ef 6-1-16
CWP 29-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
CWP 23-2003, f. & cert. ef. 5-22-03
Reverted to SOSCF 24-1999, f. & cert. ef. 12-14-99
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0155 Participants in Administrative Reviews and Permanency Hearings

(1) All legal custodians and parents must be invited and encouraged to participate in Administrative Reviews and Permanency Hearings.

(2) Other individuals to invite are:

(a) Substitute care providers;

(b) Children, when it is determined that the child's attendance would be appropriate and the child wishes to attend;

(d) Indian tribe (if applicable).

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 419A.090 – 419A.122, ORS 419B.440 – 419B.476 & ORS 419C.623 – 419C.656
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 23-2003, f. & cert. ef. 5-22-03

Or. Admin. R. 413-040-0157 Documentation Requirements for Administrative Reviews and Permanency Hearings

(1) Required documentation supporting the administrative review includes:

(a) The current case plan narrative; and

(b) A signed recommendation of the findings of the CRB or internal review committee (to be attached to the file copy of the case plan; or

(c) A court order with language to the effect that a complete judicial review was held in place of an administrative review, and the court relieves the CRB of its responsibility to review the case pursuant to OR 419A.

(2) Written evidence of a Permanency Hearing having taken place will include:

(a) A written report filed by the worker in accordance with OR 419B.440 through 419B.452, and any additional information required by the court; (with court’s approval, the case plan may be used to meet reporting requirements of OR 419B.400 through 419B.452); and

(b) A written court order.

(3) Citizen Review Board Recommendations. The Department will implement recommendations of a local CRB as the Department deems appropriate. The Department will give written notification to the local CRB of any recommendations which the Department does not intend to implement This notification will be given within 17 days of receipt of the CRB recommendations.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title IV, SB 419, ORS 419A.090 - 419A.122, ORS 419B.440 - 419B.476 & ORS 419C.623 - 419C.656
CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020
CWP 23-2003, f. & cert. ef. 5-22-03

Or. Admin. R. 413-040-0159 Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings

(1) Case records must contain documentation that written advance notice was provided to the persons cited in OAR 413-040-0150 inviting them to attend the Administrative Review or Permanency Hearing.

(2) The Department will provide copies of the case plan narrative to:

(a) Legal custodial and non-custodial parents;

(b) Parents out-of-state;

(c) Parents who have not had their parental rights terminated or have not signed a release and surrender agreement for adoption;

(d) Indian tribes (if applicable);

(e) Parents' and child's attorneys; and

(f) Court Appointed Special Advocates (CASA).

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 419A.090 – 419A.122, ORS 419B.440 – 419B.476 & ORS 419C.623 – 419C.656
CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 23-2003, f. & cert. ef. 5-22-03

Or. Admin. R. 413-040-0165 Documentation Requirements for Reports Submitted to the Court Regarding an Indian Child Who is a Ward of the Court

Any report that the Department submits to the court regarding an Indian child who is a ward of the court, including home studies, placement reports or other reports required under ORS chapters 109, 418, 419A and 419B, must address tribal customary adoption, as defined in OAR 413-115-0000 (43), as a permanency plan option

History

Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: Oregon Laws 2021
CWP 11-2022, adopt filed 06/23/2022, effective 07/01/2022
CWP 1-2022, temporary adopt filed 01/03/2022, effective 01/03/2022 through 07/01/2022

Or. Admin. R. 413-040-0170 Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement

(1) Children in out-of-home placement on the basis of a signed Voluntary Custody Agreement or Child Placement Agreement, and Title IV-E-FC eligible must, within 180 days of placement, have a judicial determination by court order to the effect that such placement is in the best interests of the child. A finding of reasonable efforts is not required. The judicial determination requirement may be met without a court hearing, e.g. letter to the court which results in an exparte court order. However, if a court hearing does not occur, a CRB review must be held and Permanency Hearings must occur as scheduled.

(2) Children placed on the basis of a Voluntary Custody Agreement or Child Placement Agreement are subject to the same Administrative Review and Permanency Hearing requirements as children placed on the basis of a court order.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title IV, ORS 419A.090-122, 419B.440-476 & 419C.623-656
CWP 23-2003, f. & cert. ef. 5-22-03
Reverted to SOSCF 24-1999, f. & cert. ef. 12-14-99
SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00
SOSCF 24-1999, f. & cert. ef. 12-14-99

Or. Admin. R. 413-040-0200 The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose

(1) The Interstate Compact on the Placement of Children (ICPC or Compact) is an agreement between all 50 states, the District of Columbia and the U.S. Virgin Islands. (See ICPC Articles I-X and the ICPC regulations .01-10 (2001).) The Compact was adopted by the 1975 Oregon Legislature and is codified at ORS 417.200 to 417.260.

(2) The purpose of the compact is to ensure that when children are placed outside of their home state, those children receive the same protections and services that would have been provided if they had remained in their home state.

(3) Article I of the ICPC provides, in part, that it is the policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement receives the maximum opportunity to be placed in a suitable environment with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care;

(b) The appropriate authorities in the state where a child is to be placed have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child;

(c) The proper authorities of the state from which the placement is made are able to obtain the most complete information to evaluate a projected placement before it is made; and

(d) Appropriate jurisdictional arrangements for the care of children are promoted.

(4) The Oregon ICPC office reviews all referrals for compliance with the ICPC, the Department's administrative rules, and AAICPC regulations and guidelines.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200 - 417.260
CWP 28-2019, amend filed 06/12/2019, effective 06/12/2019
CWP 46-2003, f. 12-31-03, cert. ef. 1-1-04
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0208 Placements Subject to the ICPC; Placements Not Subject to the ICPC

(1) When the placement of a child is subject to the ICPC, the sending agency must comply with the requirements of the ICPC and OAR 413-040-0200 to 413-040-0292.

(2) The ICPC applies to the placement of a child:

(a) With a parent, adoptive family, relative family or a foster family in another state, when the child is in the care or custody of a public child welfare agency;

(b) By any individual or entity into another state if the placement is for adoption; and

(3) The ICPC does not apply to the placement of a child:

(a) By the child’s parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt or legal guardian with any such relative or guardian located in another state.

(b) Into a medical facility, psychiatric institution or boarding school located in another state.

(A) The court places the child with a parent from whom the child was not removed; and

(B) The court has no evidence and seeks no evidence of the parent’s unfitness; and

(4) The ICWA applies to all ICPC placements of an Indian child, except those ICPC placements where the child is placed by a parent into a residential treatment facility.

(5) When a child is placed from a foreign country into a state other than Oregon by a private agency licensed in Oregon, the following requirements apply:

(a) When an Oregon licensed agency is placing a child from a foreign country into a state other than Oregon, the ICPC applies if the child enters the United States under an IR4 visa and the entity facilitating the placement has guardianship of the child.

(b) If the Oregon licensed private agency takes custody of the child before placing the child outside the state of Oregon, the ICPC applies.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200-417.260
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0222 Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal

(1) The Department will not delay or deny placement of a child who is in the custody of the Department solely because the available ICPC approved family resides outside the state of Oregon.

(2) An approved adoptive resource (as defined in OAR 413-200-0260) who alleges that the denial of an adoption placement was based on the adoptive resource residing outside Oregon has the right to a contested case hearing as provided in ORS 183.310 to 183.550 and OAR 413-010-0500.

(3) For denial, termination, revocation or appeal of a child-specific certificate of approval for a relative caregiver or foster parent, refer to OAR 413-200-0296 and OAR 413-203-0040.

(4) Denial of ICPC placement or reversal of an approval.

(a) Reasons for denial or reversal of ICPC placement approval. A placement request may be denied, or approval may be reversed when:

(A) The certification requirements of OAR chapter 413, division 200 or division 203 are not met;

(B) The adoptive resource certification requirements of OAR 413-200-0274 are not met;

(D) The applicant withdraws his or her application; or

(E) The child’s specific needs cannot be met if the child is placed in the home.

(b) Appeal. There is no right to appeal from a denial of an ICPC placement. Following a denial, the sending state may submit a new request if the issues that led to the denial have been corrected.

(5) The Oregon ICPC office may deny or return the home study or parent home study request without processing it if any of the following apply:

(a) The prospective placement resource is noncompliant with the sending state’s case plan.

(b) The prospective placement resource fails to respond to a written request for contact from the Department within 30 days of the request.

(d) The referral packet is incomplete.

(e) The sending state is nonresponsive to information requests.

(f) The prospective placement resource has an outstanding warrant for arrest.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200-417.260
CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0228 Placement of Oregon Children

(1) For an ICPC request to be valid, it must be reviewed and approved by the Oregon ICPC Office and a form 100A must be approved by the requesting party and the compact administrator, deputy compact administrator or designee.

(2) At minimum, the following documentation is required for the Oregon ICPC office to process an ICPC request for placement in another state:

(a) A completed form 100A.

(b) A copy of the relevant court order, and if there is none, a statement supporting the sending agency’s authority to place the child and documentation of ongoing supervision.

(d) Financial/medical plan for the child’s placement including documentation whether the child is Title IV-E eligible.

(3) The ICPC approval for placement is valid for six months from the date the form 100A is signed by the appropriate authority in the receiving state.

(4) Requesting an extension. The Oregon ICPC office may request an extension from the receiving state’s ICPC office if the Oregon ICPC office determines the facts of the case necessitate an extension.

(5) Notifications.

(a) The Oregon ICPC office is responsible for sending form 100B to the receiving state.

(b) The sending agency or caseworker for the child who is being placed out of state must notify the Oregon ICPC office of the placement within five business days of the child being placed.

(6) Receiving state’s request to return a child to Oregon when the sending agency is in Oregon.

(a) If the receiving state determines that the placement no longer meets the individual needs of the child, the receiving state may:

(A) Request that Oregon arrange for the return of the child to Oregon as soon as possible; or

(B) Propose an alternative placement in the receiving state as provided in Article V(a) of the ICPC.

(b) The Oregon agency must wait for the receiving state to approve the alternative placement resource before the Oregon agency places the child.

(c) Return of the child to Oregon shall occur within five business days from the date of notice for removal unless otherwise agreed upon between the sending and receiving state ICPC offices.

(7) Relocations of a family unit. This section applies to relocations of a family unit within another state and to relocations of a family unit from one state to another state.

(a) The Oregon sending agency will notify the Oregon ICPC office of any address change or relocation.

(b) In addition to the materials required in 413-040-0230 (1), the following documentation is required for the Oregon ICPC office to process the relocation:

(A) For approved foster or adoptive placements:

(i) If the sending agency has possession, documentation showing required licensure, certification, approval or qualifications of the placement resource(s).

(ii) A copy of the most recent home study with any updates.

(B) A completed form 100B showing the date the child is placed in the receiving state.

(c) ICPC is not required for temporary relocations of 90 days or less. Under a temporary relocation, the sending state retains responsibility for ensuring the safety of the child, and the receiving state is not required to supervise the placement.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200-417.260
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0240 Financial and Medical Responsibility

(1) When the Department is the sending agency, the Department is responsible for the support and maintenance of the child during the period of the placement.

(2) When the Department is the sending agency, the Department is responsible for ensuring that medical coverage for the child is provided during the period of the placement.

(3) When, subsequent to ICPC approval, the Department places a child out of state with a foster parent or relative caregiver, foster care payment is determined in accordance with OAR 413-090-0000 to 413-090-0050.

(4) When, subsequent to ICPC approval, the Department places a child out of state in a residential facility, payment to the facility will be negotiated prior to placement. This payment may be through a contract with the Department or through Medicaid, as authorized by the Oregon Health Authority or its contractors.

(5) When a state other than Oregon is the sending agency, the Department is not responsible for the support and maintenance of a child placed in Oregon.

History

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.647
Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 417.200-417.260 & ORS 418.647
CWP 28-2019, amend filed 06/12/2019, effective 06/12/2019
CWP 1-2013, f. & cert. ef. 1-15-13
CWP 1-2011, f. & cert. ef. 1-4-11
CWP 20-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
CWP 18-2010, f. & cert. ef. 9-2-10
CWP 3-2010(Temp), f. & cert. ef. 3-15-10 thru 9-10-10
CWP 46-2003, f. 12-31-03, cert. ef. 1-1-04
SOSCF 4-2002, f. 3-28-02, cert. ef. 4-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0248 Travel Arrangements and Reimbursement for Transportation Expenses

(1) The Department may pay transportation costs related to the interstate placement of a child in the Department's custody.

(2) Travel arrangements and expenses for children in the Department's custody.

(a) Travel arrangements must be made through a state-contracted travel agency.

(b) Travel arrangements must be made only after the ICPC authorization number is provided by the ICPC office.

(c) Travel expenses must be pre-authorized by the Oregon ICPC office; however, pre-authorization for expenses is not required if there is an emergency, as determined by the ICPC office.

(d) The Oregon ICPC office will reimburse expenses using the required travel expense form. Receipts must be submitted for all expenses that are not per diem expenses.

(3) The Oregon ICPC office may pay for any of the following expenses for a placement, pre-adoptive visit or for returning a child or young adult to Oregon from an ICPC placement:

(a) A one-way ticket for the child.

(b) A round trip ticket for a chaperone selected by Department staff.

(d) Round-trip mileage based on per diem rates.

(e) Baggage fees.

(f) Parking.

(g) For DHS staff only, meals based on the U.S. General Services Administration per diem rates.

(h) For non-DHS staff and the child, meals up to the U.S. General Services Administration per diem rate, based on the receipt.

(i) Lodging, up to the U.S. General Services Administration per diem rate, based on the receipt.

(j) For placement transition. After an adoption placement has been approved, the Oregon ICPC office may pay expenses for one pre-placement visit. If a placement transition visit is approved, the Oregon ICPC office will pay for up to six days, five nights, at the U.S. General Services Administration per diem rates.

(4) Exceptions to the travel reimbursement limitations in (3)(a) to (j) of this rule may be approved by the ICPC manager.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200-417.260
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0268 Placement of Children or Young Adults from Other States in Oregon

(1) All incoming ICPC requests for a home study and placement of a child or young adult in Oregon must be processed by the Oregon ICPC office.

(2) Young adults. The Oregon ICPC office will accept requests for placement of a young adult unless the young adult is living independently.

(3) Parent home study.

(a) The Department will conduct a parent home study after receiving the request from the Oregon ICPC office.

(b) As part of the parent home study, the Department will have face-to-face contact with each member of the household.

(c) The Department will ensure completion of child abuse history background and criminal history background checks for each adult member of the household.

(d) The Department will ensure completion of a fingerprint-based criminal records check of national crime information databases for each adult member of the household.

(e) The Department will assess finances and housing for the parent's ability to meet the safety and wellbeing needs of the child.

(f) Each parent must be compliant with the case and service plans from the sending state.

(g) The Department will consider the needs of the child or young adult when determining whether the placement will be approved.

(4) Home study for a non-parent home.

(a) When the Department completes the home study, a relative resource parent must meet the requirements of OAR 413-203-0000 to 413-203-0145, while a non-related resource family or potential adoptive family must meet the requirements of OAR 413‑200‑0301 to 413-200-0396, and a potential adoptive family must also meet the requirements of OAR 413-120-0190 to 413-120-0246.

(b) When an agency licensed in Oregon completes the home study the requirements of OAR 413-420-0100 apply to an adoptive family.

(c) In addition to meeting the standards in subsection (a) or (b) of this section, the placement also must meet the specific needs of each child.

(5) After the study is completed, the local branch office or agency must provide the study to the Oregon ICPC office. The branch office must not provide the study to the party or agency that requested it unless authorized to do so by the Oregon ICPC office. The study must include a recommendation regarding placement.

(6) The Oregon ICPC compact administrator, deputy compact administrator or designee must review the study and will either approve or not approve the placement based on information contained in the home study.

(7) Responsibilities of the Department. When the Department is notified of the child or young adult’s placement into Oregon, the Department will notify the supervising agency of the placement and to begin supervision.

(8) Following placement of the child or young adult, supervision by the Oregon local branch office or agency licensed in Oregon includes a monthly contact with the child or young adult and caregiver, as described in OAR 413-080-0055 or 413-215-0466 (6), as applicable.

(9) The supervising agency must submit progress reports at minimum every 90 days to the Oregon ICPC office as requested by the sending state on the form 100A. Each progress report must include all of the following:

(a) The date and location of each face-to-face contact with the child or young adult.

(b) A summary of the child or young adult’s current circumstances.

(d) A summary of the child or young adult’s current health status.

(e) An assessment of current caretakers.

(f) A description of any unmet needs.

(g) If applicable, the supervising worker’s recommendation for continuation of the placement or for closure of the case.

(10) The Department will accept any report of abuse of a child or young adult placed in Oregon pursuant to an approved placement under Article III(d) of the ICPC and will act in the same manner as it would to a report of abuse or neglect of any other child or young adult residing in Oregon, pursuant to OAR chapter 413, division 015.

(a) The Department must promptly notify the sending state if there is a report of abuse or neglect. The local branch office must ensure that the Oregon ICPC office is also notified of the report.

(b) If a child or young adult is moved to another home, the Department must promptly notify the sending state.

(c) The Department must work with the out-of-state office to develop a plan that will meet the child’s safety and well-being needs.

(11) The Department will assess possible placement resources and provide supervision for a placement only after accepting an ICPC request.

History

Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.010, ORS 417.200-417.260 & ORS 418.005
CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026
CWP 11-2025, temporary amend filed 08/07/2025, effective 08/11/2025 through 02/06/2026
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0282 Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon

(1) When a child is placed out of or into Oregon by a sending agency, including a parent or a private licensed agency, for purposes of adoption, the ICPC applies. Independent and private agency adoption referrals are processed as soon as practicable after receipt by the ICPC office of the complete compact placement referral.

(2) Referrals for independent and private agency adoptive placement covered by the Compact must be sent to the Oregon ICPC office, after the birth of the child, and must contain the following:

(a) Cover letter;

(b) Form 100A;

(d) The consents and surrenders required by law, signed after the birth of the child;

(e) If the biological or legal father has not signed a consent and surrender, an affidavit from the child's mother regarding the biological father and, if the legal father is not the biological father, regarding the legal father;

(f) Documentation regarding all known facts about each legal or putative father. If the mother has stated that the identity or whereabouts of the father is unknown, documentation regarding what advice and information the mother was given and the reason why the father's identity or whereabouts are unknown to the mother;

(g) Written verification that the birth parent was given notice of the right to payment for adoption-related counseling pursuant to ORS 109.346, if it is an Oregon birth mother or if the adoption is being finalized in Oregon;

(h) Written verification that the birth and adoptive parent(s) have been advised about the Oregon Voluntary Adoption Registry if the adoption will be finalized in Oregon;

(i) A legal risk statement signed by the adoptive family that acknowledges that the child is not legally free for adoption and that there is a risk of having the child removed from the home. This statement is required when one of the biological or legal parents has not signed a consent and surrender;

(j) For placements made by a private adoption agency, a copy of the sending agency’s license or certification;

(k) A statement regarding the applicability of the ICWA;

(L) If the child is an Indian child, the parental consents for adoption must comply with the ICWA;

(m) Medical information regarding the child; and

(n) The completed home study. An update must be included if the study was completed more than one year from the date the ICPC referral is made.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200 – 417.260
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0292 ICPC Case Closure

(1) The sending agency retains jurisdiction over the child or young adult sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child or young adult that it would have had if the child had remained in the sending agency's state until the child or young adult:

(a) Is adopted;

(b) Reaches the age of majority according to the law of the sending state;

(d) Is discharged with the concurrence of the appropriate authority in the receiving state; or

(e) Is returned to the sending state.

(2) Before the Oregon sending agency may close an ICPC case:

(a) The Oregon ICPC office must obtain written agreement to close the case from the receiving state’s ICPC office to finalize an adoption or guardianship by a placement resource with whom the child or young adult is placed through ICPC, or to dismiss dependency proceedings when a child or young adult is placed with a parent through ICPC; and

(b) The Oregon ICPC office must notify the receiving state ICPC of case closure using form 100B.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200 – 417.260 & Article V
CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019

Or. Admin. R. 413-040-0400 Policy

HIV testing is an intrusive medical procedure which can have serious social consequences. The Department will subject children in its custody to this procedure only if it is medically indicated. When a child in Department custody is tested for HIV, informed consent procedures shall be followed and the results of the test held in strictest confidence.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 5-2003, f. & cert. ef. 1-7-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0420 HIV Antibody Testing

(1) For children and youth in Department custody, the HIV antibody test is to be done only to facilitate the medical care of the child if clinically indicated after a thorough medical evaluation by a doctor knowledgeable about HIV infections. The test is not to be used to screen individuals with high risk behaviors or any other groups, nor to satisfy the curiosity of Department staff or contracted providers.

(2) Under the direction of a physician, infants born to mothers known to have engaged in high risk behaviors may be tested for HIV. The presence of HIV infection in an infant can be determined only after the mother’s antibodies are gone from the child’s bloodstream. Because maternal antibody crosses the placenta, the presence of HIV infection can only be determined after a series of tests.

(3) Victims of sexual abuse who have been exposed to blood or semen may be tested for HIV. If the child can understand, informed consent procedures shall be used (I-B.5.1, 413-040-0430). A physician knowledgeable in HIV care should be consulted immediately for consideration of HIV post-exposure prophylaxis.

(4) The Department shall not license any private child-caring agency whose admission criteria include a mandatory HIV test.

(5) The Department shall not contract with any service provider whose admission criteria include a mandatory HIV test.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 5-2003, f. & cert. ef. 1-7-03
SOSCF 25-2000, f. & cert. ef. 9-7-00
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0430 Informed Consent

(1) No person shall submit the blood of an individual to an HIV test without first obtaining informed consent or ascertaining that informed consent is obtained, consistent with subsection (7) of this rule.

(2) As legal custodian and guardian of the child, the Department may grant medical consent and authorize medical treatment. Children 13 years of age or older should be included in this planning and also consent. The Department must have a medical statement that the HIV test is necessary for care and treatment before ordering or arranging for a test. If the Department orders or arranges for an HIV test, informed consent procedures must be followed. A minor of any age may consent to a HIV test; and when the minor’s consent is given, the consent of the minor’s parents or guardians is not necessary for diagnosis, care or treatment. However, such consent must be informed consent.

(3) In all cases involving a child old enough to give informed consent, the worker shall try to obtain the consent of the child. However, if the physician and Department staff believe an HIV test is necessary to provide information necessary for the care of the child, and that child objects to the test and will not consent, the following options are available:

(a) SDA Manager or designee after consultation with the child’s physician, may consent to the test for the child over the child’s objection (413-020-0150(c)(A)(iii)); or

(b) The worker may petition the court to order the child to be tested.

(4) Department staff are responsible to assure that informed consent is obtained when children in Department custody are to be given an HIV test. If the medical provider does not obtain the informed consent, Department staff shall do so or arrange for it to be done prior to the test.

(5) If a child is placed pursuant to a Voluntary Custody Agreement or a Voluntary Placement Agreement, the parent and the child retain the authority to consent to the test. The Department does not have the authority to consent to the test on behalf of the parent unless such authority is included in the express terms of the Agreement.

(6) Providers are not authorized to consent to a child’s HIV test.

(7) Informed consent shall be obtained in the following manner, giving consideration to the child’s age and ability to understand:

(a) Provide the person for his/her retention a copy of the CF 990, HIV Test Informed Consent.

(b) Orally summarize for the person the substance of the statements in the CF 990 and specify alternatives to the HIV test in the particular instance, and if the test information will be disclosed to others, who those others will be.

(c) Explain the risks from having the HIV test. This shall include a description of Oregon law pertaining to the confidentiality of information about an individual having the test and that individual’s test results; a statement that there may be circumstances under which disclosure might be permitted or required without consent; and a statement of the potential consequences in regards to insurability, employment, and social discrimination if the HIV test results become known to others.

(d) Inform the person that he or she has the right to request additional information from a knowledgeable person before giving consent.

(e) Ask the person to be tested whether he/she has any further questions, and if so, provide a full and complete opportunity to ask those questions and receive answers from a person who is sufficiently knowledgeable to give accurate and complete answers about AIDS, HIV tests and the consequences of being tested or not tested.

(f) Have the person sign the CF 990, HIV Test Informed Consent, after having had an opportunity to read it.

(g) Maintain the signed CF 990 for at least seven years in a locked file separate from the case file.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 5-2003, f. & cert. ef. 1-7-03
SOSCF 12-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0440 Counseling

A child being referred for HIV antibody testing must be referred for pre-and post-test counseling.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 5-2003, f. & cert. ef. 1-7-03
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-040-0450 Confidentiality

(1) Many Department records are exempt from disclosure and are strictly confidential under the public records exemptions or confidentiality status. All medical records are privileged information. AIDS and/or HIV test results are specifically designated highly confidential by statute (ORS 433.045) and Department Health Administrative Rule (333-012-0270(1)–(9)) and must be held in the most strictly observed confidence possible to avoid consequences of casual or inappropriate disclosure of information. Information regarding a client’s HIV status is to be maintained in a locked file separate from the case.

(2) In order to provide services to the child and to administer Department’s child welfare services, Department staff may inform only those directly involved in case planning and who have a need to know, that a child or an adult who has a significant role in the child’s plan, has AIDS or is HIV positive. The identification of who has a need to know in order to adequately meet the needs of the child shall be determined through a staffing which includes the worker, supervisor and Department central office (Personal Care Coordinator) representative, and should include input from the physician, county Health Department who ordered the test, or the HIV Program of the Department’s Health Policy cluster.

(3) For children receiving services under a Voluntary Custody Agreement (CF 1005) or a Voluntary Placement Agreement (CF 499), the responsible parent(s) shall always be involved in making medical decisions for the child, and have access to medical information.

(4) Each person who subsequently gains access to this information must keep it in strictest confidence (ORS 433.045(3)). The worker shall advise all persons who have access to the medical information of their duty to safeguard the confidential nature of the information.

(5) If the Department learns from any source that a child is HIV positive, the above procedures must be followed.

(6) Pursuant to Health cluster Rule 333-012-0270, if the Department possesses information that an adult client or other person associated with a case if HIV positive, this does not confer the right to disclose the information, except as permitted by Oregon law.

(7) If disclosure of HIV information is deemed necessary for planning in the context of a court hearing, the worker shall not disclose the status in open court without either the written consent of the infected persons or a court order.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 5-2003, f. & cert. ef. 1-7-03
SOSCF 12-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Division 50 SUPPORTIVE SERVICES

Or. Admin. R. 413-050-0400 Purpose

The purpose of these rules is to describe the special medical services provided by the Department of Human Services (DHS).

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: Title XIX
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0405 Definitions

(1) "Administrative Exams": DHS uses the DMAP definition for Administrative Medical Examinations and Reports found in OAR 410-120-0000 which is: "Examinations, evaluations, and reports, including copies of medical records, requested on the DMAP 729 form through the local DHS office or requested and/or approved by DMAP to establish client eligibility for a medical assistance program or for casework planning."

(2) "Other Medical Expenditure": Any payment to a licensed medical provider for a service provided to a person in the household who is not eligible or potentially eligible for Title XIX or GA (General Assistance), or for a certain service provided to an eligible Title XIX or GA client which is not covered under Administrative Exams using the Medical Service Authorization and Invoice form, CF 501A.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title XIX
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02

Or. Admin. R. 413-050-0410 Payment for Medical Services for Administrative Exams and Other Medical

(1) Medical expenditures can be authorized from "Administrative Exams" or from "Other Medical." In addition, for cases designated permanent planning, the Adoption Services Unit may authorize payment of certain medical services. See OAR 413-050-0450 below.

(2) "Administrative Exams" and "Other Medical" expenditures must be authorized by the local DHS manager or designee prior to the medical service. (Emergency appointments excepted).

(3) Payment for "Administrative Exams" and "Other Medical" expenditures will be made only to medical service providers who are both licensed in their state and enrolled with the Division of Medical Assistance Programs (DMAP) for participation in the Medicaid Program (Title XIX). Such providers must have an assigned active provider number from DMAP to receive payment for their services. (See exception procedures for unlicensed or non-registered consultants or trainers in CAF Policy I-C.4.2.1 (6)).

(4) Payment for "Administrative Exams" and "Other Medical" expenditures will be at the current published DMAP rate for the procedure code billed.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title XIX
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0420 Administrative Exams Payments

"Administrative Exams" are provided to children in DHS's care and custody who are eligible or potentially eligible for Title XIX or GA (General Assistance). "Administrative Exams" are also provided to parents or other adults identified on the Face Sheet in the child’s case record. Parents or adults must be Medicaid or GA eligible and have medical coverage through the Oregon Health Plan on the date of service. Expenditures are federally matchable and will be paid through DMAP. An "Administrative Exam" expenditure includes any payment to a medical provider for a physical examination, psychological/psychiatric evaluation, or copies of medical records in connection with:

(1) Protective Service assessments when medical treatment or examination is necessary to evaluate and plan for child safety as per I-B.2.2(6)(a)–(f). "Administrative Exam" payments may be authorized regardless of whether placement is made; or

(2) Casework planning for Title XIX or GA eligible children in substitute care; or

(3) Evaluation and/or testing for children in their own home to determine if out-of-home placement is an appropriate case plan. "Administrative Exam" payments may be authorized regardless of whether placement is made;

(4) Copies of hospital or medical records.

(5) Psychiatric or psychological evaluations of parents or other adults identified in the child’s case record. Parents or adults must be Medicaid or GA eligible through the Oregon Health Plan.

(6) Urinalysis collection and screening for children and/or parents or other adults identified in the child’s case record. Parents or adults must be Medicaid or GA eligible through the Oregon Health Plan.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title XIX
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0430 Other Medical Payments

"Other Medical" payments are not federally matchable and are paid out of General Fund dollars. "Other Medical" is to be used for required medical services for a child in ODHS care and custody by court order or voluntary placement or custody agreement either in or out of substitute care, or parents or other adults identified in the child's case record. "Other Medical" is only to be used if the service is not available through Mental Health or DMAP as a Medicaid covered service. Payments from "Other Medical" may be made in the following situations:

(1) Drug and alcohol assessments for persons not eligible for Title XIX or the Oregon Health Plan.

(2) A one-time emergency medical need for children in the custody of the Department that have been returned home. This is limited to children of low-income families not eligible for medical services through the Department.

(3) Therapy for Children in Substitute Care, if recommended by a licensed psychiatrist or psychologist who evaluated the child, and the type of therapy and/or the therapist recommended is unavailable from the local mental health clinic or through the CCO in which the child is enrolled. The therapist must be enrolled with DMAP or, failing that, there must be a signed contract in place prior to the therapy being provided. Funding availability will be determined by the District Manager or Designee (who may want to consult with the Medical Assistance Resource Coordinator to determine that there are no other resources available for funding).

(4) Medical care for children in detention. ORS 418.034 mandates payment of the cost of medical care for the child in detention, including emergency medical care, if the child is in custody of the ODHS. "Medical care" means emergency medical care or medical care for a medical condition that existed prior to the child's being held in a juvenile detention facility or in a local correctional facility or lockup.

(5) Evaluations of parents when required by the Department for casework planning to determine the parents' emotional stability, intellectual capacity, parenting capacity or maturity. These may include medical, psychiatric, psychological evaluations or drug and alcohol assessments. This does not include ongoing treatment or services. Payment from "Other Medical" for the above services will not be made for parents in permanent planning cases or for parents who are Medicaid eligible through the Oregon Health Plan (OHP). Evaluations will be reimbursed at the current established DMAP rates.

(6) Parent/child and/or sibling interaction evaluations reimbursed at the current established rates.

History

Statutory/Other Authority: ORS 418.005 & 409.050
Statutes/Other Implemented: ORS 418.005 & Title XIX
CWP 13-2024, amend filed 05/08/2024, effective 05/10/2024
CWP 13-2003, f. & cert. ef. 1-9-03
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0440 Medical Services “Permanent Planning”

In cases designated permanent planning, the Department will make payments for necessary evaluations of parents, stepparents and/or live-in companions. This includes psychological, psychiatric and neurological evaluations, drug and alcohol assessments and parent-child interaction assessments. These services must be authorized in writing by the Adoption Services Unit prior to the services being provided.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title XIX
CWP 13-2003, f. & cert. ef. 1-9-03
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0450 Medical Consultation and Training for Staff

(1) Consultation and training for DHS staff on health services problems will be paid upon approval of the Assistant Field Administrator or designee. The consultant or trainer is not required to be licensed or registered, nor to have an assigned provider number from DMAP.

(2) Payment will be made only where there is a contract which was written and signed prior to the performance of services. (See OAR 413-330-0010.)

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: Title XIX
SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0500 Policy

These rules (OAR 413-050-0500 to 413-050-0590) provide procedures for the Department of Human Services (Department) to fund programs from the Domestic Violence Fund. The 1981 Oregon Legislature established this fund to provide intervention on behalf of and support for victims of domestic violence. The Department is authorized to enter into grant contracts with public agencies or private non-profit organizations to support operation by those organizations and agencies of programs designed to prevent, identify, and treat family violence

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0510 Definitions

(1) "Crisis line" is defined in ORS 108.610(2) and means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral, and advocacy to victims of domestic violence and their families.

(2) "Domestic and Sexual Violence Fund Advisory Committee" means the Domestic and Sexual Violence Fund Advisory Committee established in OAR 413-050-0530.

(3)(a) "Domestic violence,” defined by ORS 108.610, means the physical injury, sexual abuse or forced imprisonment, or threat thereof, of a person by another person who is related by blood, marriage or intimate cohabitation at the present or has been related at some time in the past, to the extent that the person's health or welfare is harmed or threatened thereby.

(b) "Domestic violence" includes a pattern of assaultive or coercive behaviors including physical, sexual, psychological, and emotional abuses, as well as economic coercion that adults use against their intimate partners to gain power and control in that relationship.

(4) "Domestic Violence Fund" means the fund established by ORS 108.660.

(5) "Family Violence Prevention Program" means the program within the Department funded by the Domestic Violence Fund and other related funds as available to provide shelter and related services to victims of domestic violence.

(6) "Grantee" means a proposer that has been awarded a grant by the Department from the Domestic Violence Fund to support one or more of the projects and programs described in OAR 413-050-0515.

(7) "Proposer" means a public agency or private non-profit organization that meets the minimum criteria contained in OAR 413-050-0515 and that applies to the Department for funding from the Domestic Violence Fund to support one or more of the projects and programs described in 413-050-0570.

(8) "Safe house" means a place of temporary refuge, offered on an as needed basis to survivors of domestic violence and their families.

(9) "Shelter home" or "shelter facility" means a place of temporary refuge, offered on a 24 hours a day, seven days a week basis to survivors of domestic violence and their children.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 13-2004, f. & cert. ef. 7-1-04
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0515 Qualified Services

The Department uses the Domestic Violence Fund to make grants to nonprofit private organizations and public agencies to fund programs and projects designed to prevent, identify, and treat domestic violence. Grants from the Domestic Violence Fund may be made to:

(1) Fund shelter homes for victims of domestic violence

(2) Fund crisis lines providing services to victims of domestic violence and their families

(3) Fund safe houses for victims of domestic violence and their families

(4) Develop and establish programs for professional and paraprofessional personnel in the fields of social work, law enforcement, education, law, medicine, and other relevant fields who are engaged in the field of the prevention, identification, and treatment of domestic violence and training programs in methods of preventing domestic violence

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0530 Advisory Committee

(1) The Domestic and Sexual Violence Fund Advisory Committee (DSVFAC) established in OAR 413-050-0530 serves as the advisory committee to the Domestic Violence Fund Program. Members are elected and serve terms in accordance with the bylaws established by the advisory committee. Copies of DSVFAC bylaws and other open records are available by contacting the Department.

(2) The Department will consult with the advisory committee regarding the administration of the Family Violence Prevention Program and each proposed change that substantially affects the program's operation.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02
SOSCF 16-1998, f. & cert. ef. 8-13-98
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0535 Criminal History Checks

(1) A grantee must obtain a criminal history record check on each potential employee or volunteer who will work with victims of domestic violence.

(2) A grantee must develop a written policy or procedure that governs the review of the criminal history record of potential employees and volunteers and the determination of whether a potential employee or volunteer, if there is a criminal history, poses a risk to working safely with victims of domestic violence. The policy or procedure must provide that the review include an examination of:

(a) The severity and nature of crime that appears in the criminal history;

(b) The number of criminal offenses;

(d) The circumstances surrounding each crime;

(e) The subject individual’s participation in counseling, therapy, education, or employment evidencing rehabilitation or a change in behavior, and

(f) The police or arrest report and whether that report confirms the employee’s or volunteer’s explanation of the crime.

(3) If the grantee determines that the potential employee or volunteer does not pose a risk to working safely with victims of domestic violence and chooses to hire the employee or volunteer, the grantee must explain in writing the reasons for hiring the individual. The written explanation must address how the potential employee or volunteer is presently suitable or able to work with victims of domestic violence in a safe and trustworthy manner, based on the policy or procedure described in section (2) of this rule. The grantee must place the written explanation in the personnel file of the employee or volunteer along with the employee’s or volunteer’s criminal history record.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0555 Shelter Standards

Grantees that provide shelter homes or shelter facilities must:

(1) Comply with applicable zoning, fire, sanitary and safety regulations.

(2) Post emergency instructions in English and other primary languages used in the geographic area where the shelter home is located.

(3) Maintain an operating telephone.

(4) Provide drinking water that meets Health Division standards.

(5) Maintain medicines in locked cabinets or areas.

(6) Have first aid supplies available.

(7) Protect children from items of potential danger.

(8) Have kitchen and emergency food supplies available reflective of the cultures present in the community.

(9) Have emergency clothing available.

(10) Maintain liability and fire insurance.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0560 Allocation of Funds

The Department uses an equitable distribution method for funding programs throughout the state. The distribution method must be reviewed by the Domestic and Sexual Violence Fund Advisory Committee.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0565 Department Selection Criteria and Rules

The Department will conduct periodically, at least once every five years, an application process for grant from the Domestic Violence Fund. The Department may conduct the application process jointly with other agencies of the State of Oregon that also award grants or provide financial assistance to nonprofit organizations that provide intervention and support services to victims of domestic violence. The application process includes but is not necessarily limited to:

(1) Public notification of the availability of financial assistance from the Domestic Violence Fund;

(2) Issuance of a request for grant proposals; and

(3) Evaluation of the proposals and the award of grants from the Domestic Violence Fund in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0570 Applications for Funding

To be considered for funding, a proposer must include the following minimum information in its proposal:

(1) Official business name of the proposer.

(2) Business address of the proposer.

(3) Name of the persons authorized to represent the proposer in any negotiations and to sign grant contract documents.

(4) Geographic areas the proposer is proposing to serve.

(5) A statement that no attempt has been made or will be made by the proposer to induce any other person or firm to submit or not submit a proposal, except through efforts to submit collaborative proposals.

(6) A statement that the proposer accepts all of the terms and conditions contained in the request for grant proposals.

(7) A written narrative describing how the proposer will provide services and meet the requirements of these rules.

(8) All other information required by the request for grant proposals.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0575 Evaluation Process

(1) An evaluation committee of the Department reviews proposals in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. Because the State of Oregon wishes to fund programs to deal with victims of domestic violence offenses in all geographic areas of the state, the Department considers, as part of the evaluation process, the geographic area of the state that will be served by the proposer.

(2) The Department will approve, approve in part and reject in part, or reject each received proposal within 60 days after the submission deadline.

(3) The Department will provide written notification by mail to each proposer no later than five working days after the final action is taken on its proposal.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0585 Confidentiality

(1) If a grantee keeps the location of premises used to provide services under these rules confidential, the Department will not release that information.

(2) Grantees must keep all individual information relating to people served by programs operating under these rules confidential.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 108.610 - 108.660
CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05
CWP 7-2003, f. & cert. ef. 1-7-03
SOSCF 2-2002, f. & cert. ef. 3-5-02

Or. Admin. R. 413-050-0600 Purpose

These rules provide requirements for the Department and caseworkers for the Targeted Case Management Program.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019
SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0700
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0610 Definitions

(1) "Caseworker" means a Child Welfare employee assigned primary responsibility for a child or young adult served by Child Welfare.

(2) "Child " means a person under 18 years of age.

(3) "Department" means the Oregon Department of Human Services.

(4) “Eligible child or young adult” means an individual who is found eligible for Medicaid and the Children’s Health Insurance Program (CHIP) by the Oregon Health Authority and eligible for case management services (including TCM services) as defined in the Medicaid State Plan at the time the services are furnished.

(5) "In-home setting" means the home of the child or young adult's parent or legal guardian.

(6) "MMIS" means the Oregon Health Authority’s Health Systems Division (HSD) Medicaid Management Information System.

(7) “OHA” means Oregon Health Authority, the agency that manages the Oregon Medicaid program.

(8) "Targeted Case Management” or “TCM” means activities performed by the caseworker to assist children in the target population to obtain necessary medical, social, educational, counseling, or other services.

(9) "TCM assessment" means the act of gathering information and reviewing historical and existing records of an eligible child or young adult in a target group to determine the need for medical, educational, social, or other services. To perform a complete assessment , the case manager must gather information from family members, medical providers, social workers and educators, if necessary.

(10) "Young adult" means a person aged 18 through 20 years.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019
SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0710
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0625 Target Population

To be eligible for Targeted Case Management services, a child or young adult in the care and custody of the Department must meet the following criteria:

(1) Be under age 21;

(2) Be Medicaid eligible;

(3) Reside in an in-home setting , foster home, group home, residential care facility and Public Institutions as defined in 42 CFR 435.1010, or in the Department's Independent Living Program paid for and under the responsibility of the Department;

(4) Reside in Oregon;

(5) Be a citizen or legal permanent resident of the United States; and

(6) Be ineligible for Title IV-E funding.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 27-2019, adopt filed 06/05/2019, effective 06/05/2019

Or. Admin. R. 413-050-0630 Targeted Case Management Assessment and Service Categories

(1) Targeted Case Management services include:

(a) Comprehensive TCM assessment and at a minimum an annual reassessment of individual needs. These assessment activities may include:

(A) Documenting the child or young adult's history;

(B) Evaluating the extent and nature of the needs (medical, social, educational and other services) and completing related documentation;

(C) Gathering information from other sources such as the child or young adult’s family members, medical providers, social workers and educators, if necessary, to form a complete assessment of the child or young adult;

(D) Developing and periodically revising of the child or young adult’s case plan that is based on the information collected through assessments; specifies the goals and actions to address the medical, social, educational and other services needed; and

(E) Making referrals and completing activities to help an eligible child or young adult obtain needed services including activities that link the child or young adult with service providers to meet identified needs and achieve goals specified in the case plan.

(b) Monitoring and arranging follow-up activities necessary to ensure the case plan is implemented and adequately addresses the child or young adult’s needs and access to services.

(2) Targeted Case Management Service Categories include:

(a) Assessment and Evaluation Related Services;

(b) Counseling/Treatment Related Services;

(d) Permanency and Adoption Related Services;

(e) Placement Activities;

(f) School/Education Related Services; and

(g) Miscellaneous Services.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019
SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0730
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-050-0635 Choice of Provider

Children and young adults have the following service provider choices:

(1) Provision of any TCM services does not restrict a child or young adult’s choice of providers, in accordance with 42 CFR 441.18 (a).

(2) Subject to the Social Security Act, 42 USC 139 and 42 CFR 441.18(b), eligible children or young adults have the option to choose from TCM service providers available to them.

(3) Eligible children or young adults have the option to choose the providers or additional medical care covered by their health plan in OAR 410-138-0020 (8).

(4) Eligible children or young adults have rights to change caseworkers, in accordance with Rights of Children in OAR 413-010-0170 to 0180.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
CWP 27-2019, adopt filed 06/05/2019, effective 06/05/2019

Division 53 STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS

Or. Admin. R. 413-053-0000 Definitions

(1) "Child" means a person who:

(a) Is under 18 years of age; or

(b) Is under 21 years of age and residing in or receiving care or services at a child-caring agency or proctor foster home.

(2) "Child protective services" (CPS) means a specialized social service program that Child Welfare provides on behalf of children or, when applicable, young adults who may be unsafe after a report of abuse is received.

(3) “Contractor” means the person or entity that is awarded a contract and is responsible for the provision of services.

(4) "CPS assessment" means an investigation into a report of abuse pursuant to ORS 419B.020, ORS 418.205 - 418.327, or ORS 419B.035 that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and assure safety through protective action plans, initial safety plans, or ongoing safety planning.

(5) “Department” means the Oregon Department of Human Services.

(6) “Family” means, at a minimum but not to the exclusion of siblings as defined in ORS 419A.004 or other persons living in the same household with a child, the child and:

(a) The child’s parent as defined in ORS 419A.004;

(b) The child’s guardian appointed pursuant to ORS chapter 125; or

(7) “Flexible funds” means expenditures that are intended to provide goods and services that support child safety and maintain a child safely in the home or to expedite reunification, attachment, permanency and well-being.

(8) “Front-end intervention” means a service that provides specialists in areas such as alcohol and drug treatment, domestic violence, mental health or a human service generalist, who may accompany Department caseworkers on initial CPS calls and visits in response to allegations or reports of abuse or neglect.

(9) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat to a child is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.

(10) "Initial safety plan" means a documented set of actions or interventions sufficient to protect a child from an impending danger safety threat in order to allow for completion of the CPS assessment.

(11) "Moderate to high needs" means observable family behaviors, conditions, or circumstances that are occurring now; and over the next year without intervention, are likely to have a negative impact on a child's physical, sexual, psychological, cognitive, or behavioral development or functioning. The potential negative impact is not judged to be severe. While intervention is not required for the child to be safe, it is reasonable to determine that short-term, targeted services could reduce or eliminate the likelihood that the negative impact will occur.

(12) “Navigator” means a service provider who works with families, assists them in understanding the safety concerns leading to Department involvement, encourages participation with the Department and other service providers, locates resources and eliminates barriers.

(13) "Ongoing safety plan" means a documented set of actions or interventions that manage the safety of a child or, when applicable, a young adult after Child Welfare has identified one or more impending danger safety threats at the conclusion of a CPS assessment or anytime during ongoing work with a family.

(14) “Other admin-only case” refers to a case opened by the Department for the sole purpose of providing contracted community services post CPS assessment to a family with moderate to high needs. No casework activities, including monitoring child safety, occur.

(15) "Present danger safety threat" means an immediate, significant, and clearly observable family behavior, condition, or circumstance occurring in the present tense, already endangering or threatening to endanger a child or, when applicable, a young adult. The family behavior, condition, or circumstance is happening now and it is currently in the process of actively placing a child or, when applicable, a young adult in peril.

(16) "Protective action plan" means an immediate, same day, short-term plan, lasting a maximum of 10 calendar days, sufficient to protect a child from a present danger safety threat.

(17) “SPRF” means the Strengthening, Preserving and Reunifying Families program. Services paid for with SPRF funds are intended to prevent a child from entering substitute care and allow a child to remain with or reunify with his or her family. The services:

(a) Are flexible and can be provided during the Department’s initial involvement with the family;

(b) Can be ongoing, long or short term; and

(18) “Strengths and needs assessment” means a tool used to assess the strengths and needs, including service needs, of a family determined to have moderate to high needs.

(19) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598, ORS 418.205 - 418.327 & ORS 419B.035
CWP 116-2020, minor correction filed 02/20/2020, effective 02/20/2020
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0010 History and Purpose

(1) In 2011, the Oregon Legislature created requirements for Strengthening, Preserving and Reunifying Families programs. These directives are codified in ORS 418.580 to 418.598. The goals of the programs are to:

(a) Reduce the number of children entering substitute care and reduce their length of stay in substitute care;

(b) Reduce the trauma of CPS involvement for children and families;

(d) Improve collaboration between the Department and its county partners, especially when those partners are providing appropriate and necessary services to families; and

(e) Create better outcomes for children and families involved with the Department.

(2) The purpose of these rules is to describe the responsibilities of the Department in providing SPRF services.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0020 Eligibility Criteria

(1) During a CPS assessment, if a present danger safety threat or impending danger safety threat has not been identified, a family is eligible to receive only the following SPRF service types:

(a) Front-end intervention.

(b) Navigator.

(2) In an other admin-only case, a family is eligible to receive the SPRF service types in section (3) of this rule when:

(a) A CPS assessment has been completed;

(b) No present danger safety threat or impending danger safety threat has been identified; and

(3) When the requirements in section (2) of this rule are met, the SPRF services available for an other-admin only case are:

(a) Strengths and needs assessment; and

(b) Any SPRF services available to that district that are recommended by the Department.

(4) When a present danger safety threat or impending danger safety threat has been identified and is being managed with a protective action plan, initial safety plan or ongoing safety plan, a family is eligible to receive services when:

(a) A family has an open Family Support Services case, pursuant to OAR 413-030-0003 to 413-030-0030;

(b) A child is in substitute care and the service is used to support the child to promote the safety, permanency or well-being of the child;

(d) A family has an open Department case including an in-home non-court involved case.

(5) The Department may use SPRF services to engage in active efforts with Indian families, as required in OAR 413-115.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0030 Referral for a SPRF Service

To receive SPRF services, the Department must submit to the provider:

(1) A written service referral approved by a supervisor; and

(2) A completed DHS form 2099.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0040 CPS Assessment Closure or Department Case Closure

(1) The Department must close a SPRF service immediately when:

(a) A CPS assessment closes, and a Department case is not opened pursuant to OAR 413-015-0445;

(b) An other-admin only case is closed; or

(2) When the Department closes a SPRF service pursuant to section (1) of this rule, the Department must:

(a) Notify the provider the service is closed; and

(b) Document in the department’s electronic information system that the provider has been notified.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0050 Exception to CPS Assessment Closure: Other Admin-Only Cases

(1) The only services the Department may provide for an other admin-only case are SPRF services.

(2) An other admin-only case that is open after a CPS assessment may remain open for up to 90 days to provide SPRF services, with the option of one 90-day extension. An extension must be approved by the district manager, program manager or designee.

(3) If the family continues to need services in an other admin-only case, Department responsibilities are limited to:

(a) Entering and ending services;

(b) Validating invoices for services;

(d) Case closure.

(4) If, at the end of an assessment, the child is determined to be safe and the family has moderate to high needs, the Department may offer the family a strengths and needs assessment. If, because of the strengths and needs assessment, services are recommended and available, the Department may refer the family to SPRF services.

(5) When the other admin-only case closes, the Department must immediately close all SPRF services and notify each provider that the service has closed.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0060 Outcome Measures

(1) All SPRF services have client-focused functional outcome measures.

(2) SPRF outcomes are delineated by service category and are in the SPRF Outcomes table, dated November 2017, which is adopted as Exhibit 1 and incorporated by reference into this rule. A printed copy may be obtained from the Department.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Or. Admin. R. 413-053-0070 Flexible Funds for SPRF

(1) Flexible funds may be negotiated as part of individual SPRF contracts. Including flexible funds in a contract is optional and based on agreement between the Department and the contractor.

(2) A contractor may use flexible funds to support engagement with the family and to achieve the contracted outcomes and services goals that correlate with the SPRF services provided in the individual SPRF contract.

(3) Flexible funds expenditures that meet the requirements of this division and contract-specific criteria will be reimbursed by the Department.

(4) When appropriate, flexible funds should be utilized to support fulfilling active efforts for Indian children.

History

Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598
Statutes/Other Implemented: ORS 418.575-418.598
CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018

Division 55 SEXUAL ASSAULT VICTIMS FUND

Or. Admin. R. 413-055-0100 Policy

These rules (OAR 413-055-0100 to 413-055-0165) establish the policies of the Department of Human Services (Department) relating to the funding of sexual assault crisis centers and crisis lines authorized by ORS 409.279. This program was established to provide intervention on behalf of and support for victims of sexual offenses. The Department is authorized to enter into grant agreements with private, non-profit agencies to support the delivery by those agencies of intervention and support services to victims of sexual offenses and their families.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0105 Definitions

As used in OAR 413-055-0100 to 413-055-0165:

(1) "Crisis Center" means a location in which there are paid personnel or crisis volunteers who are trained to provide crisis services, including but not limited to intervention, peer support, information and referral, advocacy, outreach, and community education to survivors of sexual assault and their families.

(2) A "grantee" is a proposer that has been awarded a grant by the Department from the Sexual Assault Victims Fund to support the delivery of services to victims of sexual assault and their families.

(3) A "proposer" is a private, non-profit agency that meets the minimum criteria contained in OAR 413-055-0120 and makes an application to the Department for a grant from the Sexual Assault Victims Fund to support the operation of qualified programs as described in OAR 413-055-0110.

(4) "Sexual Assault" means any touch or act for which informed consent is not given that is sexual in content or used for sexual gratification or stimulation of the perpetrator by either threat of force, force, intimidation, trickery, coercion, or bribery where an imbalance exists because of size, strength, authority, age, development, or knowledge. It includes rape, oral and anal sodomy, exhibitionism, voyeurism, obscene phone calls, sexual pictures, and prostitution.

(5) "Sexual Assault Victims Fund" means the fund created by ORS 409.285.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 9-2005, f. & cert. ef. 8-1-05
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0110 Qualified Services

(1) The Department uses the Sexual Assault Victims Fund to fund grants to private, non-profit agencies to support the delivery of intervention and support services to victims of sexual offenses and their families. The agencies receiving funds must be either crisis lines or sexual assault centers.

(2) The support and intervention services supported in whole or in part with grant funds from the Sexual Assault Victims Fund must be made accessible and available to all persons who reside in the area served by the agency who may need the services without regard to whether criminal charges were filed. If the grantee is unable to provide necessary services to a client, it must refer the client to alternative community resources.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0120 Criminal History Checks

(1) A grantee must obtain a criminal history record check on each potential employee or volunteer who will work with victims of sexual assault.

(2) A grantee must develop a written policy or procedure that governs the review of the criminal history record of potential employees and volunteers and the determination of whether a potential employee or volunteer, if there is a criminal history, poses a risk to working safely with victims of sexual assault. The policy or procedure must provide that the review include an examination of:

(a) The severity and nature of crime that appears in the criminal history;

(b) The number of criminal offenses;

(d) The circumstances surrounding each crime;

(e) The subject individual’s participation in counseling, therapy, education, or employment evidencing rehabilitation or a change in behavior, and

(f) The police or arrest report and whether that report confirms the employee’s or volunteer’s explanation of the crime.

(3) If the grantee determines that the potential employee or volunteer does not pose a risk to working safely with victims of sexual assault and chooses to hire the employee or volunteer, the grantee must explain in writing the reasons for hiring the individual. The written explanation must address how the potential employee or volunteer is presently suitable or able to work with victims of sexual assault in a safe and trustworthy manner, based on the policy or procedure described in section (2) of this rule. The grantee must place the written explanation in the personnel file of the employee or volunteer along with the employee’s or volunteer’s criminal history record.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0140 Application Process

The Department will conduct periodically, at least once every five years, an application process for grants from the Sexual Assault Victims Fund. The Department may conduct the application process jointly with other agencies of the State of Oregon who also award grants or provide financial assistance to nonprofit organizations that provide intervention and support services to victims of sexual offenses and their families. The application process will include but not necessarily be limited to:

(1) Public notification of the availability of financial assistance from the Sexual Assault Victims Fund.

(2) Issuance of a request for grant proposals.

(3) Evaluation of the proposals and the award of grants from the Sexual Assault Victims Fund in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0145 Proposals for Funding

To be considered for funding, a proposer must include the following minimum information in its proposal:

(1) Official business name of the proposer.

(2) Business address of the proposer.

(3) Name of the persons authorized to represent the proposer in any negotiations and to sign grant agreement documents.

(4) Geographic areas the proposer is proposing to serve.

(6) A statement that the proposer accepts all of the terms and conditions contained in the request for grant proposals.

(7) A statement that the proposer is a private, non-profit organization.

(8) A written narrative describing how the proposer will provide services and meet the requirements of these rules

(9) All other information required by the request for grant proposals.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0150 Proposal Evaluation Process

Proposals are reviewed by an evaluation committee of the Department in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. The Department will approve, approve in part and reject in part, or reject each received proposal within 60 days after the submission deadline. Written notification is mailed to the proposer no later than five working days after the final actions are taken on the proposals. Because the State of Oregon wishes to fund programs to deal with victims of sexual offenses in all geographic areas of the state, the Department considers, as part of the evaluation process, the geographic area of the state that will be served by the proposer.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0160 Confidentiality

(1) If a grantee keeps the location of premises used to provide services under these rules confidential, the Department will not release that information.

(2) Grantees must keep all individual information relating to people served by programs operating under these rules confidential.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Or. Admin. R. 413-055-0165 Advisory Committee

The Advisory Committee on Domestic and Sexual Violence established in OAR 413-050-0530 advises the Department regarding its use of the Sexual Assault Victims Fund.

History

Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 409.270 - 409.285
CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05
SOSCF 24-2000, f. & cert. ef. 9-7-00

Division 60 COUNSELING AND TREATMENT SERVICES

Or. Admin. R. 413-060-0000 Purpose

These rules define eligibility criteria for family planning services, describe the services to be provided, and the responsibilities SOSCF has to provide these services.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: ORS 435.205 - 435.235
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0010 Eligibility

The following persons or families are eligible to receive family planning services:

(1) Families who request family planning information.

(2) Children who are in the legal custody and care of the State Office for Services to Children and Families.

(3) Minor children who are 15 years of age and older who request family planning information.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: ORS 435.205 - 435.235
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0020 Family Planning Services

Family planning services provided by the State Office for Services to Children and Families include:

(1) Referrals to appropriate family planning resource for consultation and treatment; or

(2) Counseling and information regarding avoiding unwanted pregnancy, termination of pregnancy, maintaining the desired family size and the spacing of children.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: ORS 435.205 - 435.235
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0030 Service Responsibility

The State Office for Services to Children and Families will be responsible to:

(1) Explore the need for and interest in family planning services of children who are in the legal custody of the State Office for Services to Children and Families and provide appropriate family planning information or referral.

(2) Provide family planning information or a referral to an appropriate family planning resource to minors 15 years of age and older who request family planning information.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: ORS 435.205 - 435.235
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0400 Purpose

Child sexual offenders characteristically begin their offending behaviors in early adolescence or younger. The sooner intervention can occur in this cycle, the better the offender can be taught to control his/her deviant actions. Because the treatment methods may be of an intrusive nature, these guidelines are set forth to help determine the appropriate type of treatment. This policy applies only to those who have been adjudicated for sex offenses.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: HB 2004
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0410 Definitions

(1) “A.T.S.A.” means Association for the Treatment of Sex Abusers.

(2) “Aversion Therapy” means behavioral therapy procedure which pairs a noxious smell with deviant sexual stimuli.

(3) “Behavioral Therapy” means therapy that attempts to decrease deviant sexual arousal and gives the offender tools for self-control.

(4) “Boredom Tapes” means homework assignments designed to reduce deviant arousal by satiation.

(5) “Cognitive Therapy” means therapy which attempts to alter the manner in which clients think about life and change their cognitive distortions.

(6) “Covert Positive Reinforcement” means therapy which attempts to pair the chain of events leading to a sexual assault with a self-initiated interruption scene followed by a reward scene.

(7) “Covert Sensitization” means therapy that attempts to reduce deviant arousal by instantly pairing pre-assault behaviors with highly aversive fantasies.

(8) “Deviant Sexual Fantasies” means fantasizing and becoming sexually aroused to children or violent themes.

(9) “Plethysmograph” means a device for measuring the sexual response pattern of a male or female client. It is called a penile plethysmograph for males and photoplethysmograph for females.

(10) “Polygraph” means an instrument that simultaneously records changes in such physiological processes as heartbeat, blood pressure, and respiration, and is often used as a lie detector.

(11) “Risk” means the potential for reoffending and for resisting or failing in treatment.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: HB 2004
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0420 Eligibility for Services

Children under the age of 18 years, in the care, custody, and control of the State Office for Services to Children and Families, who have been adjudicated for sex offenses.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: HB 2004
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0430 Assessment

(1) Preliminary Assessment. Assessment for treatment planning of juveniles with sexually aggressive behaviors should proceed only after adjudication has occurred:

(a) The goals of sexual offender specific treatment are:

(A) To stop sexually offending behavior;

(B) To protect members of society from further sexual victimization;

(D) To promote healthy sexual development.

(b) When juveniles have sexually assaulted family members within their own home, it is strongly recommended that the offending juvenile be placed outside the home in the least restrictive environment that allows for community safety, or where the assessment indicates. Offenders should not be placed in homes where other children may be endangered. They should be in settings where their behavior can be adequately monitored and controlled;

(c) For the purposes of treatment of sexually aggressive juveniles, it is essential to first evaluate and thoroughly assess each individual and determine the extent of the offending behavior. An assessment must include the following areas:

(A) Victim statements;

(B) History (family, educational, medical, psychosocial and psychosexual);

(D) Dynamics/process of victim selection;

(E) Intensity of sexual arousal prior to, during, and after offense;

(F) Use of force, violence, weapons;

(G) Spectrum of injury to victim, i.e., violation of trust, fear, physical injury;

(H) Sadism;

(I) Disassociative process;

(J) Fantasies: deviant or appropriate;

(K) Ritualistic/obsessive behaviors;

(L) History of assaultive behaviors;

(M) Chronic/situational factors;

(N) Sociopathy;

(O) Personality disorders; affective disorders;

(P) Attention deficit;

(Q) Post traumatic stress behaviors;

(R) Behavioral warning signs; identifiable triggers;

(S) Thinking errors;

(T) Locus of control, i.e. internal or external;

(U) Ability to accept responsibility;

(V) Denial or minimization;

(W) Victim empathy, capacity for empathetic thought;

(X) Family’s denial, minimization, response;

(Y) Substance abuse; juvenile sex offender and family;

(Z) History of sexual victimization, physical, or psychological abuse;

(AA) Family dysfunction; family strengths;

(BB) Parental separation/loss;

(CC) Masturbatory patterns;

(DD) Impulse control;

(EE) Paraphilias;

(FF) Mental status/retardation/developmental disability;

(GG) Organicity/neuropsychological factors;

(HH) Number of victims.

(2) Assigning Risk Level. After an assessment has been completed, a determination should be made as to the risk level presented by the juvenile.

(a) Risk is defined as the potential for reoffending and for resisting or failing in treatment. Use Attachment 2, “Risk Assessment Profile,” when determining the juvenile’s risk level.

(b) The determination of risk for each adolescent offender should be a multidisciplinary decision involving the offender therapist, caseworker, SOSCF supervisor, juvenile department counselor and victim therapist.

(c) If the juvenile presents low risk according to the “Risk Assessment Profile,” treatment should proceed focusing on cognitive restructuring.

(d) For juveniles who exhibit moderate to high risk according to the “Risk Assessment Profile,” assessment of deviant arousal patterns may be conducted using the penile plethysmograph for males and the photoplethysmograph for females. In addition, the juvenile should receive a disclosure polygraph examination. These tools should be used in addition to assessment criteria listed in this rule to determine the treatment plan of choice. Under no circumstances should the results of these measurements be used in the courtroom setting or for any other reason except evaluation and monitoring of treatment. The plethysmograph should not be administered to prepubescent children.

(A) Use of the polygraph and plethysmograph should be made only with signed, informed consent of the offender and his/her parents/guardians using CF form 993, “Consent for Physiological Assessment of Sexual Interests.” This informed consent is to be used regardless of whether a court order requiring its usage exists or not.

(B) The polygraph and plethysmograph exam should be administered only by persons licensed or certified by their respective disciplines. The plethysmograph should be administered in a laboratory setting and in accordance with the “Association for the Treatment of Sexual Abusers’ Guidelines for Use of the Penile Plethysmograph.”

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: HB 2004
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Or. Admin. R. 413-060-0440 Treatment

(1) Treatment in specialized offense-specific peer groups is the treatment of choice, and must address aggressive and exploitive behaviors. The family should be a key part of the treatment planning. The treatment is to be geared toward the chronological and developmental needs of the offender. Treatment issues to be addressed for all risk categories include the following:

(a) Substance abuse intervention;

(b) Sex education;

(d) Social skills training;

(e) Assertiveness training;

(f) Anger management;

(g) Victimization issues — (sexual, physical, and emotional) their own and their victims;

(h) Family therapy;

(i) Cognitive restructuring;

(j) Values clarification;

(k) Stress management;

(l) Cycle recognition/self-intervention;

(m) Relaxation/biofeedback.

(2) In addition to the above, if the offender in the medium to high risk category demonstrates assaultive, compulsive, or repetitive acts of sexual offending, then behavioral therapy can be introduced. Also, behavioral therapy can be introduced after cognitive methods have failed.

(3) The decision to utilize aversion therapy should be discussed with the juvenile offender and his/her parent or guardian after other therapies have failed, and if, according to polygraph and plethysmograph examinations, the arousal patterns have not altered. The rationale for this choice should be documented in the case record. The SOSCF director or designee must then provide written consent to proceed. Should the parent/guardian or client refuse to sign, a review hearing should be requested to determine the course of action.

(4) Ongoing polygraph and plethysmograph testing should accompany behavioral therapy on a periodic basis to assess treatment progress. In order to graduate from treatment, the client must successfully “pass” a polygraph test which determines that they are not now offending, have disclosed all of their victims and offenses, and are exercising steps to successfully intervene in their offending cycle. Furthermore, they must also demonstrate reduction in deviant arousal patterns.

(5) Relapse prevention is an essential component to the juvenile’s treatment plan. Whether he/she is placed in or out of the home, the primary parental figures, parole officer, or other significant figure in the juvenile’s life should know and understand his/her assault cycle so as to support the offender in learning to intervene in his/her own cycle.

History

Statutory/Other Authority: HB 2004
Statutes/Other Implemented: HB 2004
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Division 70 SUBSTITUTE CARE

Or. Admin. R. 413-070-0000 Temporary rule language in effect until 09/26/2026. Definitions

The following definitions apply to OAR chapter 413, division 70.

(1) "Adoption" means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who is not already the child's legal parent and terminates the legal parent-child relationship between the adopted child and any former parent.

(2) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete.

(3) "Affected family members" means biological and legal parents, extended family members, and any person within the fifth degree of consanguinity to the child.

(4) "Age-appropriate or developmentally appropriate activities" means:

(5) "Antipsychotic medication" means a medication, specified in class 28:16:08 by the American Hospital Formulary Service, used to treat psychosis and other conditions.

(6) "APPLA" means Another Planned Permanent Living Arrangement, a permanency plan for a stable secure living arrangement for a child who has reached the age of 16 or young adult that includes building relationships with significant people in the child's life that may continue after substitute care. APPLA is the least preferred permanency plan of the five permanency plans for a child or young adult and is appropriate only after the permanency plans of reunification, adoption, guardianship, and placement with a fit and willing relative have been determined not in the best interests of a child or young adult.

(a) "Planned" means the arrangement is intended, designed, and deliberate.

(b) "Permanent" means enduring and stable.

(7) "Assessment" means the determination of a child or young adult's need for mental health services through interviewing the child or young adult and obtaining all pertinent medical and psychosocial history information from the individual, family, and collateral sources. The "assessment:"

(a) Addresses the current complaint or condition presented by the child or young adult;

(b) Determines a diagnosis; and

(8) "Base rate payment" means a payment to the resource parent or relative caregiver for the costs of providing the child or young adult with the following:

(a) Food, including the special or unique nutritional needs of the child or young adult;

(b) Clothing, including purchase and replacement;

(d) Daily supervision, including teaching and directing to ensure safety and well-being at a level appropriate for the age of the child or young adult;

(e) Personal incidentals, including personal care items, entertainment, reading materials, and miscellaneous items; and

(9) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult:

(a) To identify case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family;

(b) To determine the level of care payment while in substitute care with a certified family; and

(c) To determine if a child or young adult qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment.

(10) "Caregiver relationship" means a relationship between a person and a child or young adult that meets all of the following requirements:

(a) The relationship has existed for the 12 months immediately preceding the initiation of a dependency proceeding, for at least six months during a dependency proceeding, or for half of the child's life if the child is less than six months of age. A "caregiver relationship" does not include a relationship between a child or young adult and a person who is an unrelated resource parent of the child or young adult unless the relationship continued for a period of at least twelve consecutive months.

(b) The person had physical custody of the child or young adult or resided in the same household as the child or young adult and provided the child or young adult on a daily basis with the love, nurturing, and other necessities required to meet the psychological and physical needs of the child or young adult.

(11) "CASA" means a court appointed special advocate: a volunteer who is appointed by the court, is a party to the juvenile proceeding, and advocates for the child pursuant to ORS 419B.112.

(12) "Case plan" means a written goal-oriented, time-limited individualized plan for the child or young adult and the family of the child or young adult, developed by the Department and the parents or guardians, to achieve the safety, permanency, and well-being of the child or young adult.

(13) “Central Office Guardianship Committee” means a group of individuals convened by Department staff to make recommendations to the Child Welfare Program Manager or designee regarding a guardianship plan.

(14) "Certificate of Approval" means a document that the Department issues to approve the operation of a child-specific relative caregiver home, child-specific resource home, pre-adoptive home, or a regular resource home.

(15) "Child" means a person under 18 years of age.

(16) "Child-family contact" means communication between the child or young adult and family and includes, but is not limited to, visitation with the child or young adult, participation in the child or young adult's activities, and appointments, phone calls, e-mail, and written correspondence.

(17) "Child's home" means the home from which the child is removed under the provisions of ORS 419B.150.

(18) "Committee facilitator" means a Department staff member appointed as a member of the committee to facilitate a permanency or adoption committee meeting.

(19) "Concurrent permanent plan" means the alternate permanency plan whenever the child has been placed in substitute care when the goal of the permanency plan is to return the child to the parents. The "concurrent permanent plan" is developed simultaneously with the plan to return the child to the parents or legal guardians.

(20) "Conditions for return" means a written statement of the specific behaviors, conditions, or circumstances that must exist within a child's home before a child can safely return and remain in the home with an in-home ongoing safety plan.

(21) “Congregate care residential setting” means any setting that cares for more than one child or young adult in the care or custody of the Department and is not one of the following settings:

(a) A resource home certified by the Department under OAR 413-200-0270 to 413-200-0298;

(b) A foster home certified by the Office of Developmental Disabilities Services under OAR 411-346-0100 to 411-346-0240;

(c) A residential facility licensed by the Office of Developmental Disabilities Services under OAR 411-325-0100 to 411-325-0490;

(d) A proctor foster home certified by a foster care agency under OAR 413-215-0301 to 413-215-0396; or

(e) A foster home certified and licensed by a participating tribe.

(22) "Cultural heritage" means the language, customary beliefs, social norms, and material traits including, but not limited to, the dress, food, music, and dance of a racial, religious, or social group that are transmitted from one generation to another.

(23) "Current caretaker" means a resource parent who:

(a) Is currently caring for a child in the care and custody of the Department and has a permanency plan or concurrent permanent plan of adoption; and

(b) Has cared for the child or at least one sibling of the child for at least 12 months or for one-half of the child’s or sibling’s life if the child or sibling is younger than two years of age. Time spent caring for the child or sibling under this definition is calculated cumulatively.

(24) "Department" means the Department of Human Services, Child Welfare.

(25) "Designee" means a person who the designator directly and immediately supervises or a person with equal or greater management responsibility than the designator.

(26) "Enhanced supervision" means the additional support, direction, observation, and guidance necessary to promote and ensure the safety and well-being of the child or young adult when the child or young adult qualifies for a level of care payment.

(27) "Entity" means any organization or agency including, but not limited to a private child placing agency, that is separate and independent of the Department, performs functions pursuant to a contract or subcontract with the Department, and receives federal funds.

(28) "Extended family member" means a person ordinarily recognized as the refugee child's parent by the custom of the child's culture, or a person 18 years of age or older who is the child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.

(29) "Face-to-face" means an in-person interaction between individuals. When the parent, guardian, or Indian Custodian is an adult in custody at an Oregon Department of Corrections facility, a face-to-face contact includes virtual/video contact when in-person contact is prevented by the facility.

(30) "Family member" means any person related to the child or young adult by blood, marriage, or adoption, including, but not limited to the parents, grandparents, stepparents, aunts, uncles, sisters, brothers, cousins, and great-grandparents. "Family member" also includes the registered domestic partner of a person related to the child, a child 12 years of age or older, and when appropriate, a child younger than 12 years of age. Under the Indian Child Welfare Act (ICWA), "family member" has the meaning given by the law or custom of the child's tribe.

(31) “Fictive kin” has the same meaning as kith and means an individual who is not related to the child or young adult by blood, adoption or marriage but has an emotionally significant relationship with the child or young adult that has the characteristics of a family relationship.

(32) "Fit and willing relative" means an individual who meets the eligibility criteria in OAR 413-070-1010.

(33) "Foster care agency" means a private child-caring agency that offers to place children by taking physical custody of and then placing the children in a home certified by the agency.

(34) "Foster care placement" means any action removing, or which could result in the removal of, a child from their parent or Indian custodian, such as court-ordered supervision in the home, for placement in foster care, with a guardian, or in an institution where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated.

(35) "General applicant" means an individual who:

(a) Is neither a relative or current caretaker; and

(b) Has submitted a completed application to adopt a child.

(36) "Grandparent" for purposes of notification, visitation, contact, or communication ordered by the court under ORS 419B.876 means the legal parent of the child or young adult's legal parent, regardless of whether the parental rights of the child's or young adult's legal parent have been terminated under ORS 419B.500 to 419B.524.

(37) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(38) "Guardianship assistance" means assistance provided by the Department to the guardian on behalf of an eligible child or young adult to offset costs associated with meeting the ongoing needs of the child or young adult. "Guardianship assistance" may be in the form of a payment, medical coverage, or reimbursement of guardianship expenses.

(39) "Guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian or guardian setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the guardian and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(40) "Guardianship assistance agreement only" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian or guardian of an eligible child or young adult, when the potential guardian or guardian is not receiving a guardianship assistance payment or medical coverage at the time of the agreement but may request it at a later date.

(41) "Guardianship assistance payment" means a monthly payment made by the Department to the guardian on behalf of the eligible child or young adult.

(42) "Guardianship Assistance Review Committee" means a committee composed of local and central office Department staff with expertise in the area of guardianship.

(43) "Homeless, runaway, and transitional living shelter" means a child-caring agency that provides residential services or operates a shelter, mass shelter, or transitional living program for a homeless or runaway child or young adult, a pregnant or parenting child or young adult, or other children and young adults in care working toward independent living.

(44) "Home visit" means a face-to-face contact at an individual's residence.

(45) "ICWA" means the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-63.

(46) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat to a child is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.

(47) "Incapacity" means a physical or mental illness, or impairment that reduces substantially or eliminates the individual's ability to support, care for, or meet the needs of the child and is expected to be permanent.

(48) "Independent living housing subsidy" means a payment to assist in covering the cost of room, board, or other monthly expenses made to an eligible individual who is at least 16 years of age and is in the care and custody of the Department and living independently.

(49) "Indian" means any person who is a member of or eligible for membership in an Indian tribe or who is an Alaskan native and a member of a Regional Corporation as defined in 43 USC section 1606.

(50) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(51) "Indian child's tribe" means the Indian tribe in which an Indian child is a member or eligible for membership. In the case of an Indian child who is a member or eligible for membership in more than one Indian tribe, it is the Indian tribe with which the Indian child has the most significant contacts.

(52) "Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996" ("IEPA") means section 1808 of the act which is entitled "Removal of Barriers to Interethnic Adoption", and affirms and strengthens the prohibition against discrimination in adoption or foster care placements, and is codified in 42 USC section 671(a)18.

(53) "Legal assistance specialist" means an Adoption Program staff member who provides consultation on the technical and legal processes to achieve a permanency plan for a child in the legal custody of the Department.

(54) "Level of care payment" means the payment provided to an approved or certified family based on the need for enhanced supervision of a child or young adult determined by applying the CANS algorithm to the results of the CANS screening.

(55) "Licensed medical professional" means an individual who meets the criteria of both of the following subsections:

(a) The individual holds at least one of the following valid licensures or certifications:

(A) Physician licensed to practice in the State of Oregon;

(B) Nurse practitioner certified by the Oregon State Board of Nursing under ORS 678.375; or

(b) The individual's training, experience, and competence demonstrate expertise in children's mental health, the ability to conduct a mental health assessment, and the ability to provide psychotropic medication management for children and young adults.

(56) "Medically accepted indication," defined in ORS 418.517, means any use for a covered outpatient drug that is approved under the Federal Food, Drug and Cosmetic Act, or recommended by the Pharmacy and Therapeutics Committee, or the use of which is supported by one or more citations included or approved for inclusion in any of the following compendia:

(a) American Hospital Formulary Services drug information;

(b) United States Pharmacopoeia drug information or any successor publication;

(d) Peer-reviewed medical literature.

(57) "Multiethnic Placement Act of 1994" means federal statutes which prohibit discrimination based on race, color, or national origin as considerations in adoption and foster placements.

(58) "Nonrecurring guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian of an eligible child for a one-time payment to reimburse the guardian for the reasonable and necessary expenses incurred in legally finalizing the guardianship.

(59) "Nonrecurring guardianship expenses" means a one-time payment of up to $2,000 per child that the Department will make to a guardian to assist with the reasonable and necessary expenses associated with obtaining legal guardianship of an eligible child.

(60) "Office of Developmental Disabilities Services" means the Department of Human Services, Office of Developmental Disabilities Services.

(61) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child.

(62) "Participating tribe" means a federally-recognized Indian tribe in Oregon with a Title IV-E agreement with the Department.

(63) "Permanency committee" means a group of individuals who are responsible for making a recommendation regarding a permanency plan or a potential permanency resource when the child or young adult likely is not returning to his or her parent.

(64) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child or young adult. Although the plan may change as more information becomes available, the goal is to develop safe and permanent family resources with the parents, relatives, or other people who will assume responsibility for the child or young adult during the remaining years of dependency and be accessible and supportive to the child or young adult in adulthood.

(65) "Permanent foster care" means the out of home placement of a child or young adult in which there is a long-term foster care agreement between each substitute caregiver and the Department approved by the juvenile court under which the substitute caregiver commits to raise a child in substitute care until the age of majority and be accessible to and supportive of the child into adulthood, until the court determines that APPLA - "permanent foster care" is no longer the appropriate permanency plan for the child or young adult.

(66) "Potential guardian" means an individual who is being considered by the Department or participating tribe to be the legal guardian of the child.

(67) "Provider" means an individual approved by a licensed private child-caring agency to provide care for a child or young adult, or an employee of a licensed private child-caring agency approved to provide care for a child or young adult.

(68) "Psychotropic medication," defined in ORS 418.517, means medication, the prescribed intent of which is to affect or alter thought processes, mood, or behavior, including, but not limited to antipsychotic, antidepressant, and anxiolytic medication and behavior medications. The classification of a medication depends upon its stated, intended effect when prescribed because it may have many different effects.

(69) “Qualified individual” means an individual who is:

(a) A trained professional or licensed clinician;

(b) Not an employee of the Department or of the Oregon Health Authority;

(c) Not connected to, or affiliated with, any placement setting in which a child or young adult is placed by the Department.

(70) "Qualified mental health professional" means an individual who meets the requirements of both of the following subsections:

(a) Holds at least one of the following educational degrees:

(A) Graduate degree in psychology;

(B) Bachelor's degree in nursing and is licensed by the state of Oregon;

(D) Graduate degree in a behavioral science field;

(E) Graduate degree in recreational, art, or music therapy; or

(F) Bachelor's degree in occupational therapy and is licensed by the State of Oregon.

(b) Whose education and experience demonstrates the competencies to:

(A) Identify precipitating events;

(B) Gather histories of mental and physical disabilities, alcohol and drug use, past mental health services, and criminal justice contacts;

(D) Conduct a mental status examination;

(E) Document a multiaxial DSM diagnosis;

(F) Develop and supervise a treatment plan;

(G) Conduct a mental health assessment; and

(H) Provide individual, family, or group therapy within the scope of his or her practice.

(71) “Qualified residential treatment program (QRTP)” means a program that:

(b) Uses a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of the child or young adult.

(c) Ensures that the staff at the facility includes licensed or registered nurses licensed under ORS chapter 678 and other licensed clinical staff who:

(A) Provide care within their licensed scope of practice;

(B) Are on site according to the treatment model identified in OAR 410-170-0030 (2); and

(f) Documents how the program integrates family into the treatment process of the child or young adult, including after discharge, and how sibling connections are maintained.

(g) Provides discharge planning and family-based after-care support for at least six months following the discharge from the program.

(h) Is accredited as outlined in OAR 413-095-0000 (2).

(72) “QRTP assessment” means an assessment of the strengths and needs of a child or young adult by a qualified individual using the Child and Adolescent Needs and Strengths tool in combination with a review of clinical documentation to determine the most effective and appropriate level of care for the child or young adult.

(73) "Race" means American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, White.

(74) "RCWAC" means the Refugee Child Welfare Advisory Committee.

(75) “Reason to Know.” A court or person has reason to know that a child is an Indian child if:

(a) The person knows that the child is an Indian child ;

(b) The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child .

(c) Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court that the child is an Indian child ;

(d) Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court that information has been discovered indicating that the child is an Indian child ;

(e) The child indicates to the court that the child is an Indian child ;

(f) The court is informed that the domicile or residence of the child , the child’s parent or the child’s Indian custodian is on a reservation or in an Alaska Native village;

(g) The court is informed that the child is or has been a ward of a tribal court;

(h) The court is informed that the child or the child’s parent possesses an identification card or other record indicating membership in an Indian tribe;

(i) Testimony or documents presented to the court indicate in any way that the child may be an Indian child ; or

(j) Any other indicia provided to the court, or within the court’s knowledge, indicates that the child is an Indian child .

(76) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(77) "Refugee child" has the meaning given the term in ORS 418.925.

(78) "Registered domestic partner" means an individual joined in a domestic partnership that is registered by a county clerk in accordance with ORS 106.300 to 106.340.

(79) "Relative" means any of the following: