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.

Notes

Or. Admin. R. 413-010-0420

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07; CWP 1-2021, amend filed 01/04/2021, effective 1/4/2021

Statutory/Other Authority: ORS 409.194 & ORS 418.005

Statutes/Other Implemented: ORS 409.192 & ORS 418.005