Or. Admin. Code § 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 referred
for a CPS assessment, the assigned CPS worker
must convene a staffing before making initial contact unless
the timing of the staffing will compromise child or
young adult safety. The purpose of the staffing is:
(A) To determine and coordinate the response
to the referral;
(B) To notify those listed in OAR
413-015-0604(1)(a)(C)
of the referral; and
(C) To share information regarding the
resource family or respite provider, the children or
young adults placed in the home or receiving services from the
respite provider, any caregivers, and any other individuals
living in the home of the resource family or respite provider.
(b) The CPS
worker must ensure that the people listed in OAR
413-015-0604(1)(a)(C)
and those identified in subsection (c)(B)
are invited to the staffing.
(c)
The CPS supervisor or their designee must:
(A) Ensure that the staffing discussed in
subsection (a) of this section occurs prior to the initial
contact unless the timing of the staffing will compromise
child or young adult safety;
(B) Determine whether the Child Welfare
Program Manager, CPS Consultant, Foster Care Coordinator, Respite Care
Coordinator, or any other appropriate personnel should be invited to the
staffing; and
(C) If the staffing
does not occur prior to the initial contact, ensure the
staffing described in subsection (a) occurs the next business day and all the
individuals identified in subsection (b) are invited.
(d) The CPS worker must
complete the following activities during the CPS assessment:
(A) Comply with CPS
assessment requirements in OAR
413-015-0400 to
413-015-0485. When the alleged
victim in the referral is a young adult,
references in OAR 413-015-0400 to
413-015-0485 to "child" include
a young adult unless the context indicates
otherwise.
(B) At initial
contact, provide the resource family or the respite provider with the
appropriate "What you need to know about a Child Protective Service Assessment"
pamphlet.
(C) Prior to conducting
an interview with a child or young adult the
CPS worker must inform the child or
young adult:
(i) When the
child or young adult is not in the custody of
Child Welfare, that they may have their parent or
caregiver or attorney present.
(ii) When the child or
young adult is in the custody of Child Welfare, that they may
have their attorney present.
(D) Notify and interview the
parent or caregiver of any
child or young adult residing in the home of
a resource family or respite provider certified by Child Welfare who is not in
the legal custody of Child Welfare and gain permission to interview the
child or young adult. If the CPS
worker is denied permission to interview, but such interviews are
needed to complete the assessment, the CPS worker should
consult with a supervisor and seek the assistance of an assistant attorney
general.
(E) Consult with a
CPS supervisor before making the decision to remove any
child or young adult from the resource
family.
(F) Provide ongoing
information to the assigned Child Welfare certifiers and to the
caseworkers identified in OAR
413-015-0604(1)(a)(C).
(G) Notify law enforcement immediately when a
crime is suspected to have occurred even if unrelated to a
report of abuse:
(i) To a child or
young adult living with a resource family certified by Child
Welfare; or
(ii) At the home of a
resource family or respite provider certified by Child Welfare.
(H) Determine and document the
basis for the determination of whether there is reasonable cause to believe
that abuse occurred as outlined in OAR
413-015-1015.
(I) Complete the CPS
assessment.
(2) Child Welfare Certifier and Certification
Supervisor Actions. When the assigned certifier is notified that information
received by a screener involving a resource family or respite
provider certified by Child Welfare is referred for a CPS
assessment:
(a) Within one business
day after the CPS worker has made initial
contact, the certifier must contact and notify the resource family or
respite provider and provide them with the following information:
(A) The certifier is available to answer
questions related to certification but will not discuss the specifics of the
CPS assessment;
(B) The resource family or respite provider
is immediately placed on inactive referral status pending the completion of the
CPS assessment;
(C) The resource family or respite provider
has the option of having another resource parent or relative resource parent
available for support during the assessment; and
(D) The names of resource families who have
agreed to be available for support.
(b) Within one business day, the certifier
must document the initiation of a CPS assessment and the
placement of the resource family or respite provider on inactive referral
status in provider case notes in the Child Welfare electronic information
system.
(c) Within one business
day, the certifier must notify Child Welfare staff responsible for placement
that the resource family or the respite provider is on inactive referral
status.
(d) Within 14 calendar days
of the notification required in paragraph (2)(a)(B) of this rule, Child Welfare
must provide written notification to the resource family or respite provider
that the home has been placed on inactive referral status and place a copy of
the written notification in the certification file.
(e) The certifier must provide ongoing
information regarding the resource family or respite provider and any
individuals living in the home to the assigned CPS worker and
the caseworkers of each child or
young adult placed in the home.
(f) The certification supervisor must ensure
that the actions required in subsections (a) through (e) of this section are
completed if the certifier is unavailable.
(3) Assigned Caseworker Actions.
(a) When the assigned
caseworker is notified that a report of
abuse involving a child or young
adult on an open case has been referred for a CPS
assessment, the assigned caseworker must comply with
OAR 413-080-0051.
(b) When a caseworker has
not yet been assigned, the CPS worker is responsible for
requirements in OAR 413-080-0051.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015 & ORS 419B.020
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