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The Oregon Administrative Rules contain OARs filed through January 15, 2017
 
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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 80

SUBSTITUTE CARE — TYPES OF SERVICES

Monthly Contact and Monitoring Child and Young Adult Safety

413-080-0040

Monthly Contact and Monitoring Child and Young Adult Safety

The purpose of these rules, OAR 413-080-0040 to 413-080-0067, is to describe the responsibilities of the Department regarding:

(1) Monthly contact;

(2) Monitoring the safety, permanency, and well-being needs of the child or young adult in child welfare cases; and

(3) Monitoring the ongoing safety plan.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04; CWP 15-2004, f. & cert. ef. 8-25-04; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-080-0050

Definitions

Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 080:

(1) "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.

(2) "Child" means a person under 18 years of age.

(3) "Child in care" means a person under 21 years of age who is residing in or receiving care or services from a child-caring agency or proctor foster home subject to ORS 418.205 to 418.328, 418.470, 418.470 or 418.950 to 418.970.

(4) "Child-caring agency" is defined in ORS 418.205 and means a "child-caring agency" that is not owned, operated, or administered by a governmental agency or unit.

(5) "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 initial safety plan or in-home ongoing safety plan.

(6) "Contact" means any communication between Child Welfare staff and a child, parent or guardian, foster parent or relative caregiver, provider, or other individual involved in a Child Welfare safety plan or case. "Contact" includes, but is not limited to, communication in person, by telephone, by video-conferencing, or in writing. "Contact" may occur, for instance, during a face-to-face visit; a treatment review meeting for a child, young adult, parent, or guardian; a court or Citizen Review Board hearing; or a family meeting.

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

(7) "Face-to-face" means an in-person interaction between individuals.

(8) "Foster 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.

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

(10) "ICPC" means the Interstate Compact for the Placement of Children (see ORS 417.200).

(11) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. A threat to a child that 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.

(12) "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.

(13) "Monthly face-to-face contact" means in-person interaction between individuals at least once each and every full calendar month.

(14) "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.

(15) "Parent" means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian child under the Indian Child Welfare Act (ICWA), a legal father includes a man who is a father under applicable tribal law. "Parent" also includes a putative father 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 putative father is not the legal father.

(16) "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.

(17) “Proctor foster home” means a foster home certified by a child-caring agency that is not subject to ORS 418.625 to 418.645.

(18) "Protective action plan" means 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.

(19) "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.

(20) "Provider" means an employee of a child-caring agency approved to provide care for a child in care or a proctor foster parent.

(21) "Relative caregiver" means a person who operates a home that has been approved by the Department to provide care for a related child or young adult who is placed in the home by the Department.

(22) "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.

(23) "Safety services" means the actions, assistance, and supervision provided by safety service providers to manage the identified present danger safety threats or impending danger safety threats to a child.

(24) "Screener" means a Department employee with training required to provide screening services.

(25) "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.

(26) "Social service assistant" means a Department employee with training required to provide services to assist a caseworker on an open case.

(27) "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.

(28) "Young adult" means a person aged 18 through 20 years.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04; CWP 15-2004, f. & cert. ef. 8-25-04; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16; CWP 25-2015(Temp), f. & cert. ef. 11-24-15 thru 5-21-16; CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

413-080-0051

Addressing a Present Danger Safety Threat or New Impending Danger Safety Threat on an Open Case

(1) If Department staff determine a child or young adult is unsafe due to a present danger safety threat as described in OAR 413-015-0425(1) on a case opened under OAR 413-015-0445(2)(d), staff must immediately consult with a supervisor and establish a protective action plan as described in OAR 413-015-0435. The ongoing safety plan remains in place to address the existing impending danger safety threats.

(2) If Department staff determine a child or young adult is unsafe due to a new impending danger safety threat as described in OAR 413-015-0425(2) on a case opened under OAR 413-015-0445(2)(d), staff must immediately consult with a supervisor and modify the ongoing safety plan; and

(3) Department staff must document the behaviors, conditions, or circumstances observed and any protective action plan taken, or modification made to the ongoing safety plan, in the Department's electronic information system.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

413-080-0052

Addressing a Concern in a Child-Caring Agency or Proctor Foster Home

(1) When Department staff become aware of a concern involving a child-caring agency or proctor foster home, staff must immediately:

(a) Report to Department personnel assigned to ensure notifications outlined in OAR 413-080-0070. This does not include allegations of abuse or neglect as defined in ORS 419B.005 or Oregon Laws 2016, chapter 106, section 36, which are reported to a Department screener;

(b) Document the date the report was made and the method for making the report in the Department's electronic information system's case notes when possible; and

(c) Make efforts to address the concern for the child or young adult.

(2) When Department staff suspect a crime has been committed involving a child in care or at a child-caring agency or proctor foster home staff must report the suspected crime to law enforcement.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

413-080-0053

When a Child or Young Adult in Substitute Care Is Missing

(1) When a caseworker receives information that a child or young adult in substitute care is missing, the caseworker must:

(a) Make immediate efforts to locate the child or young adult;

(b) Ensure law enforcement and the National Center for Missing and Exploited Children are notified immediately and in no case later than 24 hours after receiving information on the missing child or young adult; and

(c) As soon as practicable, ensure the court and legal parties to the case are notified, unless notification may jeopardize the safety of the child or young adult or interfere with an investigation.

(2) When a child or young adult missing from substitute care is located, the caseworker must:

(a) Determine and, to the extent possible, address the primary factors that contributed to the missing status of the child or young adult;

(b) Determine the child or young adult’s experiences when missing;

(c) Determine if the child or young adult is a sex trafficking victim or at risk of being a sex trafficking victim; and

(d) Ensure the court and legal parties to the case are notified the child or young adult has been located.

(3) Documentation.

(a) When a child or young adult in substitute care is missing, the caseworker must document the following in the Department’s electronic information system:

(A) Efforts made to locate the missing child or young adult; and

(B) The notifications in subsection (b) of section (1) of this rule.

(b) When a missing child or young adult is located, the caseworker must document the following in the Department’s electronic information system:

(A) The determinations and notifications made in subsections (a) to (d) of section (2) of this rule; and

(B) Any actions taken to address the primary factors that contributed to the missing status of the child or young adult.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16; CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16; CWP 20-2016(Temp), f. & cert. ef. 11-1-16 thru 4-29-17; CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17

413-080-0054

Monthly Face-to-Face Contact Requirements

(1) A child or young adult in a child welfare case.

(a) Except as provided in section (2) of this rule, monthly face-to-face contact with a child or young adult in a child welfare case must be made by one of the following Department staff to ensure the safety, permanency, and well-being of the child or young adult:

(A) The primary caseworker;

(B) The caseworker’s supervisor; or

(C) When designated by the caseworker’s supervisor as described in OAR 413-080-0067 --

(i) Another caseworker or supervisor; or

(ii) A social service assistant.

(b) During the face-to-face contact required in section (1) of this rule, Department staff must:

(A) Ensure the safety, permanency, and well-being of the child or young adult;

(B) Address issues pertinent to case planning and service delivery during the contact;

(C) Notify a supervisor when he or she determines that the ongoing safety plan or the living environment is insufficient to ensure the safety of the child or young adult to determine if a protective action plan is necessary to ensure safety; and

(D) Notify a certifier when the well-being needs of a child or young adult are not being met by a certified family.

(E) Comply with OAR 413-080-0051 and 413-080-0052 when:

(i) There is any concern about the safety of a child or young adult; or

(ii) There is any concern about a child-caring agency or proctor foster home, including the well-being needs of a child in care not being met by a child-caring agency or proctor foster parent.

(c) Department staff making face-to-face contact must document in the Department’s electronic information system:

(A) The date, type, and location of each contact with the child, young adult, parent, or guardian; and

(B) The issues addressed during the contact.

(d) A face-to-face contact with a child or young adult made by a social service assistant --

(A) May be reported as the required face-to-face contact no more than one time in any three-month period and no more than a four times within a year; and

(B) May not be reported as the required face-to-face contact for consecutive months.

(e) Face-to-face contact with a child or young adult in substitute care must occur in the substitute care placement every other month.

(f) When face-to face contact with a child or young adult in substitute care is not possible because the child or young adult is missing, the caseworker must comply with OAR 413-080-0053.

(2) A parent or guardian on a child welfare case.

(a) When there is an in-home ongoing safety plan, Department staff must have monthly face-to-face contact in the home with the parents or guardians living in the home with the child.

(b) A caseworker must have face-to-face contact with the child and the child’s parent or guardians within five working days of learning any of the following:

(A) A condition of the ongoing safety plan has been violated.

(B) A change in the protective capacity, the family circumstances, or the composition of the household of a parent or guardian may negatively impact the ongoing safety plan.

(C) The caseworker is assigned a case that had been assigned to another caseworker (case transfer).

(c) Department staff must have monthly face-to-face contact with the parents or guardians, unless a supervisor approves an exception to contact with the non-custodial parent who has an in-home ongoing safety plan or, when there is an out-of-home ongoing safety plan, the parent or guardian is unavailable or the contact could compromise the caseworker’s safety. The supervisor’s exception must be documented in the Department’s electronic information system and must document:

(A) The reason for the exception; and

(B) The length of time the exception is in effect, which is not longer than 90 days unless a longer period is approved by a Child Welfare Program Manager.

(3) The substitute caregiver.

(a) Department staff described in subsection (1)(a) of this rule must have monthly contact with the certified family or provider.

(b) The face-to-face contact with the child or young adult required in subsection (1)(e) of this rule must include at least one of the certified adults or providers who provide direct care for the child or young adult.

(4) A child or young adult placed through ICPC or placed internationally.

(a) When a child or young adult is placed in another state through the ICPC or placed internationally, the caseworker must request that officials from the receiving state or country have monthly face-to-face contact to monitor child safety, permanency, and well-being.

(b) When the receiving state or country’s child welfare office is unwilling or unable to have monthly face-to-face contact with the child or young adult, a plan must be developed to meet this requirement.

(c) The caseworker must document in the case file the type and level of contact the receiving state or country will provide and how the contact is sufficient to confirm the safety and well-being of the child or young adult.

(d) The documentation received from the receiving state or country must be filed in the Department’s electronic information system.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16; CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

413-080-0055

Monitoring an In-home Ongoing Safety Plan

(1) To manage an in-home ongoing safety plan and monitor the child's safety when the child is in the home of the parent or guardian, Department staff must contact the following individuals, as described below:

(a) Face-to-face contact with the child, or review the documentation of the contact made by Department staff under OAR 413-080-0054;

(b) Face-to-face contact with the child's parents or guardians in the home of the parents or guardians;

(c) Contact with the child's non-custodial parent or guardian, except as provided in OAR 413-080-0054(2); and

(d) Contact with each participant in the ongoing safety plan.

(2) To monitor and assure the safety of the child, during the contact required under section (1) of this rule, the caseworker must complete each of the following:

(a) Contact each participant in the ongoing safety plan and assess the documented information regarding all contacts made in section (1) of this rule.

(b) Look for and assess any changes in the protective capacity of parents or guardians, including changes in the ability or willingness of a parent or guardian to keep the child safe.

(c) Assess whether the in-home ongoing safety plan keeps the child safe by determining:

(A) Whether the home environment is stable enough for safety service providers to be in the home and be safe; and

(B) Whether the parent or guardian is:

(i) Agreeable to the safety services in the ongoing safety plan;

(ii) Cooperating in safety services provided as prescribed by the ongoing safety plan;

(iii) Cooperating with all participants in the ongoing safety plan;

(iv) Participating in the actions and the time requirements of the ongoing safety plan; and

(v) Meeting the expectations detailed in the ongoing safety plan.

(d) Determine whether:

(A) The child is safe and the condition of the child is satisfactory; and

(B) Impending danger safety threats to the child are managed.

(3) Through contact with the participants in the ongoing safety plan, required under section (1) of this rule, the caseworker must determine whether:

(a) Participants in the ongoing safety plan are engaged and active in the safety activities;

(b) The parents or guardians are cooperating with the safety services prescribed by the ongoing safety plan;

(c) The safety service providers are engaged with the parents or guardians;

(d) The safety service providers have fulfilled their established responsibilities in the ongoing safety plan;

(e) The level of intervention assures the ongoing safety of the child; and

(f) The services are the least intrusive available to assure the child's safety.

(4) Whenever a participant in the ongoing safety plan or a safety service provider reports information indicating that there is a present danger safety threat or a new impending danger safety threat, the caseworker must comply with OAR 413-080-0052.

(5) The caseworker must determine whether:

(a) Behaviors, conditions, or circumstances within the family require an increase in the level of safety intervention;

(b) A less intrusive ongoing safety plan can assure the safety of the child; or

(c) The ongoing safety plan is keeping the child safe and provides the appropriate level of safety intervention.

(6) If the caseworker determines the level of intervention of the in-home ongoing safety plan must be revised, the caseworker must:

(a) End the in-home ongoing safety plan when there is no longer an impending danger safety threat to the child.

(b) Reduce the level of intervention whenever:

(A) The improved protective capacity of the parent or guardian is sufficient to impact his or her ability to cooperate with the ongoing safety plan to control impending danger safety threats as they are occurring within the family; and

(B) An impending danger safety threat can be managed with less intrusive actions or services.

(c) Increase the level of intervention whenever:

(A) A parent or guardian is unable or unwilling to cooperate with the ongoing safety plan to control the impending danger safety threats to the child as they are occurring within the family with the ongoing safety plan; or

(B) Any identified impending danger safety threat cannot be managed with the current ongoing safety plan.

(d) The revised ongoing safety plan must:

(A) Comply with the criteria of OAR 413-015-0450; and

(B) Be approved by the caseworker's supervisor.

(7) Department staff must document in the Department's electronic information system:

(a) The date, type, and location of each contact with the child, parents, or guardians;

(b) The date and type of each contact with each participant in the in-home ongoing safety plan;

(c) Observations and facts relevant to case planning and service delivery;

(d) How the ongoing safety plan continues to manage the impending danger safety threats as they are occurring within the family, or any revised ongoing safety plan and the facts supporting that revision; and

(e) Any protective action plan if required to assure the safety of the child.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04; CWP 15-2004, f. & cert. ef. 8-25-04; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14

413-080-0059

Monitoring the Out-of-Home Ongoing Safety Plan

(1) To manage an out-of-home ongoing safety plan, the caseworker must have monthly contact with the following individuals:

(a) Face-to-face contact with the child or young adult, or review the documentation of the contact made by Department staff under OAR 413-080-0054(1);

(b) Face-to-face contact with the child's parents or guardians, except as provided in OAR 413-080-0054(2); and

(c) Contact with each safety service provider.

(2) The caseworker must determine whether the child or young adult is safe.

(3) The caseworker must determine whether:

(a) Behaviors, conditions, or circumstances within the family require an increase in the level of safety intervention;

(b) Conditions for return have been achieved and an in-home ongoing safety plan can assure the safety of the child; and if so, must develop an in-home ongoing safety plan under the criteria set forth in OAR 413-015-0450; or

(c) The ongoing safety plan is keeping the child or young adult safe and provides the appropriate level of safety intervention.

(4) If the caseworker determines the out-of-home ongoing safety plan must still be in place but level of intervention of the out-of home ongoing safety plan must be revised, the caseworker must:

(a) Reduce the level of intervention whenever --

(A) The improved protective capacity of the parent or guardian is sufficient to impact his or her ability to control the impending danger safety threats as they are occurring within the family; and

(B) An impending danger safety threat can be managed with less intrusive actions or services.

(b) Increase the level of intervention whenever an identified impending danger safety threat cannot be managed with the current ongoing safety plan.

(5) The revised ongoing safety plan must:

(a) Comply with the criteria of OAR 413-015-0450; and

(b) Be approved by the caseworker's supervisor.

(6) Department staff must document in the Department's information system:

(a) How the ongoing safety plan continues to manage the impending danger safety threats as they are occurring within the family, or any revised ongoing safety plan and the facts supporting that revision; and

(b) Any protective action plan if required to assure the safety of the child or young adult.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 10-2007(Temp), f. 5-14-07, cert. ef. 5-15-07 thru 11-9-07; CWP 18-2007, f. & cert. ef. 11-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

413-080-0062

Sex Trafficking Victim Identification

When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the caseworker must determine whether a child or young adult is, or is at risk of being, a victim of sex trafficking.

(1) If a determination is made that a child or young adult is a victim of sex trafficking the caseworker must:

(a) Report to a screener the identification of a child or a young adult as a sex trafficking victim;

(b) Ensure law enforcement and the National Center for Missing and Exploited Children are notified immediately and in no case later than 24 hours after determination that the child or young adult is a sex trafficking victim;

(c) Identify and refer to appropriate services; and

(d) Document the child or young adult is a sex trafficking victim in the Department’s Electronic Information System.

(2) If a determination is made that a child or young adult is at risk of being a victim of sex trafficking the caseworker must identify and refer to appropriate services.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 17-2016, f. & cert. ef. 9-29-16; CWP 20-2016(Temp), f. & cert. ef. 11-1-16 thru 4-29-17; CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17

413-080-0067

Contact Requirements and Exceptions; Required Face-to-Face Contact

(1) The Department may make scheduled or unscheduled face-to-face contacts with the child or young adult, parent, guardian, certified family, or provider.

(2) The caseworker's supervisor may approve Department staff as described in OAR 413-080-0054(1) to make the face-to-face contact required by these rules (OAR 413-080-0040 to 413-080-0067) when a caseworker's schedule or special circumstances prevent the caseworker from making the face-to-face contact.

(a) Prior to conducting the required face-to-face contact, Department staff must have information regarding the case plan, the ongoing safety plan, the parents or guardians, and the child or young adult, including any special needs of the child or young adult.

(b) The Department staff person making the face-to-face contact is responsible for monitoring the safety of the child or young adult.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04; CWP 15-2004, f. & cert. ef. 8-25-04; Renumbered from 413-080-0060, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 19-2008, f. & cert. ef. 8-1-08; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-080-0070

Notifications When Reports Are Made Regarding Child Safety or Compliance in a Child-Caring Agency or Proctor Foster Home

(1) The Department must notify appropriate parties as provided in Oregon Laws 2016, chapter 106 and this rule when:

(a) The Department receives a report of a suspected violation by a child-caring agency or proctor foster home;

(b) When the Department receives a report of abuse of a child in care;

(c) When a report of abuse of a child in care is substantiated or founded; and

(d) When the Department places conditions on a license or suspends or revokes a license under OAR 413-215-0121.

(2) Report of suspected violation.

(a) A report is a suspected violation when the report includes information that the child-caring agency or proctor foster home may have failed to comply with a requirement:

(A) In ORS 418.240;

(B) Applicable to the child-caring agency in OAR 413-215-0000 to 413-215-1031;

(C) Applicable to the child-caring agency in OAR 413-090-0055 to 413-090-0090; or

(D) In a contract the child-caring agency has with the Department.

(b) When information received is a suspected violation under subsection (a) of this section, the Department must notify:

(A) Appropriate Department personnel including, but not limited to:

(i) Personnel responsible for investigating complaints under OAR 413-215-0106; and

(ii) Personnel responsible for ensuring contract compliance under OAR 413-090-0090.

(B) Any governmental agency or unit that has a contract with the child-caring agency to provide services to a child.

(C) A contact person designated by the child-caring agency as the authority responsible for such reports.

(3) Report of abuse of a child in care.

(a) When the report is a report of abuse of a child in care, the Department must notify all of the following:

(A) Appropriate Department personnel including, but not limited to:

(i) Personnel responsible for licensing child-caring agencies and investigating complaints under OAR 413-215-0106;

(ii) Personnel responsible for ensuring contract compliance under OAR 413-090-0090; and

(iii) The caseworker for the child in care named in the report.

(B) Any governmental agency or unit that has a contract with the child-caring agency to provide services to the child in care named in the report.

(C) A contact person designated by the child-caring agency as the authority responsible for such reports.

(D) The attorney for the child in care.

(E) The court appointed special advocate for the child in care.

(F) The parents or guardians of the child in care.

(G) The attorney representing the parent or guardian of the child in care.

(b) When a report of abuse of a child in care is substantiated or founded the Department must notify all of the following persons and entities of the disposition:

(A) The Director of the Department.

(B) Department personnel responsible for licensing child-caring agencies.

(C) The Director of the Office of Child Welfare Programs.

(D) The caseworker for the child in care.

(E) The court appointed special advocate, if any, for the child in care.

(F) The attorney for the child in care, if any.

(G) The parents or guardians of the child in care who is the subject of the abuse report and investigation if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority. Notification under this paragraph may not include any details or information other than that a report of abuse has been substantiated.

(H) The parents or guardians of each child in care that is residing, or receiving care or services, at the child-caring agency or proctor foster home that is the subject of the report and investigation, if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority. Notification under this paragraph may not include any details or information other than that a report of abuse has been substantiated.

(I) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to a child in care.

(J) The governing board for the child-caring agency.

(4) When the Department places conditions on a license, or suspends or revokes a license under OAR 413-215-0121, the Department must notify:

(a) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to a child; and

(b) The governing board for the child-caring agency.

(5) Information provided under this rule may only be disclosed consistent with state and federal law and Department rules. Information may not be disclosed if disclosure would hinder an investigation or place a child at risk.

Stat. Auth.: ORS 418.005, Or Laws 2016, ch 106
Stats. Implemented: ORS 418.005, Or Laws 2016, ch 106
Hist.: CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16

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