Or. Admin. R. 411-346-0185 - Abuse and Incident Handling and Reporting

(1) ABUSE REPORTING.

(a) A foster provider and their employees, alternate caregivers, and volunteers are mandatory reporters according to ORS 419B.005 through 419B.015. Mandatory reporters are required to immediately report to DHS-CW or the local law enforcement agency suspected abuse as defined by ORS 419B.005. Complying with this requirement is a condition of certification of a child foster home.

(b) A foster provider and their employees, alternate caregivers, and volunteers are also required to immediately report to DHS-CW suspected abuse as defined by ORS 418.257. Complying with this requirement is a condition of certification of a child foster home.

(c) When a foster provider makes a report of abuse under this section, the foster provider must immediately notify all of the following:

(A) The child's case management entity.

(B) The local law enforcement agency if there is reason to suspect a crime has occurred.

(C) The Child Welfare caseworker if the child is in the legal custody of DHS-CW

(d) A foster provider who has an employee must provide the employee annual training and written materials on abuse reporting requirements.

(2) In the case of a serious illness, serious injury, or death of a child, a foster provider must immediately, but not later than one business day, notify all of the following (as applicable):

(a) The child's guardian and designated contact person.

(b) The child's case management entity.

(c) Any other agency responsible for, or delivering services to, the child.

(3) A foster provider must immediately, but not later than one business day, notify a child's case management entity of the use of a restraint.

(4) A foster provider must immediately notify all of the following of a child's unauthorized absence:

(a) The child's guardian and nearest responsible relative (if applicable).

(b) The local law enforcement agency.

(c) The child's case management entity.

(5) A notification required by sections (1)(c), (2), (3), or (4) of this rule must occur by phone, in-person, email, writing, or verbally and maintain confidentiality.

(6) INCIDENT REPORTS.

(a) A foster provider must complete a written incident report for any of the following:

(A) Serious incident.

(B) Allegation of abuse.

(C) Use of a safeguarding intervention.

(D) Use of a restraint.

(E) Use of an emergency crisis strategy when a child has a Temporary Emergency Safety Plan.

(F) Fire requiring the services of a fire department.

(G) Unauthorized absence.

(b) An incident report, when completed as required in subsection (a) of this section, must be:

(A) Submitted to the child's case management entity within five business days of the incident.

(B) Maintained by the foster provider in the child's record.

(C) If requested, provided to the child's guardian within five business days of the request. A copy of an incident report may not be provided to a child's guardian when the report is part of an abuse investigation.

(c) A copy of an incident report provided to a child's guardian or other service providers must have confidential information removed or redacted as required by federal and state privacy laws.

Notes

Or. Admin. R. 411-346-0185

APD 40-2019, adopt filed 10/29/2019, effective 11/1/2019; APD 20-2022, amend filed 04/13/2022, effective 4/15/2022

Statutory/Other Authority: ORS 409.050, 427.104 & 443.835

Statutes/Other Implemented: ORS 409.010, 418.519-418.523, 427.007, 427.104, 430.215, 443.830 & 443.835