Or. Admin. Code § 413-015-0211 - Report of Abuse
(1) The screener
must gather the following relevant information to the extent it is known by the
reporter:
(a) The extent of the alleged
abuse;
(b) The
circumstances surrounding the alleged abuse;
(c) Demographics;
(d) Race and ethnicity;
(e) Languages spoken;
(f) Contact information;
(g) The location of the family's residence
and where the alleged abuse may have occurred; and
(h) Whether the child has or
may have American Indian or Alaska Native heritage.
(2) The screener may only make efforts to
gather additional information from collateral contacts and law enforcement when
there is insufficient information to determine the screening decision:
(a) The information gathered from the
reporter is concerning; and
(b) The
collateral contact or law enforcement data is likely to supplement the report
with sufficient information to make the screening decision.
(3) The screener must review the
Child Welfare history, if any, of the alleged victim, every identified
child, parent, caregiver,
and household member for the report dates, types of abuse
alleged, screening decisions and CPS assessment dispositions.
(4) The screener must assign the report for
CPS assessment if:
(a) The information
received constitutes a report of abuse as
defined in OAR 413-015-0115(1)(a)
of a child; and is the responsibility of Child Welfare to
assess.
(b) The information
received constitutes a report of abuse of a
child as defined in OAR
413-015-0115(1)(a)
or a report of abuse of a
child as defined in OAR
413-015-0115(1)(b);
and involves a resource family or respite
provider certified by Child Welfare.
(c) The screener determines
the current report would be the fourth or greater consecutive
report closed at screening regarding the same
child or household and there is at least one
child in the home who is less than five years of age, unless
an exception has been approved by the Oregon Child Abuse Hotline program
manager or designee; or
(d) A
Tribe, LEA, or OTIS requests assistance from CPS with an investigation of
abuse, and a screening supervisor agrees that
assistance from CPS is appropriate.
(e) The screener determines a
child is a Safe Haven infant.
(5) When a determination is made to assign a
report for CPS assessment, the screener must determine the response timeline as
follows:
(a) Within 24 hours.
(b) Within 72 hours.
(c) Within 10 business days.
(6) The screener must refer all
reports that meet the criteria to assign for CPS assessment to a local Child
Welfare office as follows:
(a) The screener
must refer the CPS assessment to the local office assigned to the address where
the alleged victim resides, and that county is responsible for completing the
CPS assessment.
(b) When the
alleged abuse involved in a resource family
or respite provider certified by Child
Welfare, the screener must refer the CPS assessment to the local
office assigned to the address where the alleged abuse
occurred, and that local office is responsible for completing the CPS
assessment.
(c) When the alleged
victim is placed in a Behavioral Rehabilitation Service or other residential
program, the screener must refer the CPS assessment to the local office where
the familial case is currently open.
(d) Any exception to (a), (b) or (c) of this
section must be made in consultation with the Child Welfare program managers in
the affected local offices.
(7) The screener must close the report at
screening if one of the following subsections applies:
(a) The screener determines
that information received:
(A) Does not
constitute a report of abuse and the
screener determines that the information describes behaviors,
conditions, or circumstances that pose a risk to a child;
or
(B) Is a historical
report of abuse and the screener determines that alleged
perpetrator is deceased and the death of the alleged perpetrator was unrelated
to the report of abuse.
(C) Is a report of abuse and the information
indicates the alleged abuse occurred in another country and the alleged
perpetrator is located in another country; or
(D) Alleged perpetrator is a child and
resides in another state; or
(E)
Child is a resident of another state; or
(F) Child is resident of both Oregon and
another state, and the other state is responding; or
(G) Is a notification described in OAR
413-015-0214, "Notifications
Closed at Screening".
(b) When a report is
received, but the screener, after extensive efforts, is unable
to obtain sufficient information to locate the alleged victim. Name and exact
address are not necessary if a location is obtained.
(8) The Oregon Child Abuse Hotline staff must
redact from the screening report a child's statement about their sexual
orientation, gender identity or gender expression prior to a verbal or
electronic external notification, unless an exemption allowing disclosure is
permitted as described in ORS
409.225(8),
419B.035(8),
419B.881(6).
(9) The Oregon Child Abuse Hotline staff must
cross report to law enforcement as required by OAR
413-015-0305(1).
(10) The Oregon Child Abuse Hotline staff
must complete the following external notifications:
(a) Notification of law enforcement.
(A) No later than 24 hours, when information
is received from a caseworker that a child on
an open CPS assessment or a child on an open Child Welfare
case is identified as a sex trafficking victim.
(B) Immediately when information gathered
indicates a current suspicious physical injury.
(C) Immediately when a crime is suspected to
have occurred even if unrelated to a report of abuse:
(i) To a child living with a
resource family or receiving services from a respite
provider certified by Child Welfare, or
(ii) At the home of a resource
family or respite provider certified by Child
Welfare.
(b)
Notification of Office of Developmental Disabilities Services (ODDS) when a
report involves a child receiving services from
ODDS.
(c) Notification of federally
recognized Tribes when the screener knows or has reason to know that the child
is an Indian child. A copy of the report must be sent to the Tribe within 24
hours of the screening decision and after information related to the reporter's
identity is removed.
(d)
Notification to another state's Child Protective Services agency when
disclosure is necessary to investigate, prevent or treat child abuse as
described in ORS 419B.035 and after information
related to reporter's identity is removed.
(e) Notification of the reporter.
(A) When a screener determines a report will
be assigned, the screener must notify the reporter that if contact information
is provided, efforts will be made by the CPS worker to inform the reporter at a
later date if contact with the alleged victim was made, if
abuse occurred, and if services will be provided.
(B) When a screener determines a report will
be closed at screening, the screener must notify the reporter of the following:
(i) Contact with the alleged victim will not
be made;
(ii) An
abuse determination will not be made; and
(iii) Whether services will be
provided.
(f)
Notification of Community Mental Health Program, Community Developmental
Disabilities Program, or Adult Protective Services. The screener must make a
report to the Community Mental Health Program, Community Developmental
Disabilities Program, or the local Adult Protective Services office when the
screener has reasonable cause to believe:
(A)
That any person 18 years of age or older with a mental illness, a developmental
disability or a physical disability, or any person 65 years of age or older,
with whom the reporter comes into contact has suffered abuse;
or
(B) That any person with whom
the reporter comes into contact has abused a person 18 years
of age or older with a mental illness, developmental disability, or physical
disability, or any person 65 years of age or older.
(11) The screener must obtain
approval from the screening supervisor or designee prior to making a decision
not to document information gathered.
(12) The screening supervisor or designee
must review all closed at screening reports no later than 10 days from the date
and time the report was received by the Oregon Child Abuse Hotline.
Notes
Statutory/Other Authority: ORS 418.005, ORS 418.205-418.327, ORS 419B.024 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.205-418.327 & ORS 419B.024
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