Oregon Administrative Code

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 direc…

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 disclos…

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 pe…

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 …

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. Statutory/Other Authority: ORS 41…

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 fol…

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 Depa…

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 Righ…

413-010-0175 Definitions Definitions for OAR 413-010-0170 to 413-010-0185 are in OAR 413-010-0000. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: 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.…

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 appropriat…

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 …

413-010-0200 Purpose These rules establish guidelines for Child Welfare staff and agents to follow to assure that the rights are maintained. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

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 implementin…

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) A…

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…

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 …

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 re…

413-010-0310 Definition Definitions for OAR 413-010-0300 to 413-010-0340 are in OAR 413-010-0000. Statutory/Other Authority: ORS 109.119, 418.005 & 419A.004 Statutes/Other Implemented: ORS 109.119, 418.005 & 419A.004 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 11-2015(Temp), …

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 requ…

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 …

413-010-0340 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 …

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…

413-010-0410 Definitions Definitions for OAR 413-010-0400 to 413-010-0480 are in OAR 413-010-0000. Statutory/Other Authority: ORS 409.194 & 418.005 Statutes/Other Implemented: ORS 409.192 & 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 21-2007, f. 11-30-07, cert. ef. 12…

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 Welfar…

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 indivi…

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 superv…

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. Statutory/Other Authority: ORS 409.194 & 418.005 Statutes/Other Implemented: ORS 409.192 & 418.005 Hist…

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 certai…

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) Participat…

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 fo…

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 413-010-05…

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)…

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 …

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 penalt…

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…

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…

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 fo…

413-010-0705 Definitions Definitions for OAR 413-010-0700 to 413-010-0750 are in OAR 413-010-0000. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 25-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 13-201…

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 av…

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 Depar…

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 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…

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 Augu…

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 n…

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 CP…

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 Ch…

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…

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 …

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 …

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…