Oregon Administrative Code

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. Statutory/Othe…

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 certif…

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 ref…

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 c…

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. Statutory/Othe…

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…

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 c…

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…

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 whe…

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) Revi…

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 infor…

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…

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 pre…

413-015-0840 Determine Disposition of the Third Party CPS Assessment (1) The CPS worker must determine a disposition for all third party CPS assessments completed by Child Welfare as required by ORS 419B.026 (1). (2) Requirement to Determine Disposition of the third party CPS Ass…

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 abl…

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 or was abused by a different alleged perpetrator, the CPS worker must immediately cause a report to be made with the Ore…

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 Welfar…

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 obtaine…

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 (informat…

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. Statutory/Other Authorit…

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) Re…

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 t…

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 …

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 regu…

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-…

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 Welf…

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 s…

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, speci…

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 prov…

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 th…

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…

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 th…

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 serv…

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 fatalit…

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 infor…

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 t…

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 report of abuse that has resulted in a child fatality or serious physical injury of a child, the Department director or designee has the discre…

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 c…

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 paren…

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…

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 …

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 …

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 …

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…

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 ag…

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 ad…

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 …

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 …

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 …

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 adults in substitute care. The child or young adult placed through the Department by a Voluntary Placement Ag…