Or. Admin. Code § 413-015-0815 - Third Party CPS Assessment Activities
Third party CPS assessment activities are outlined below. The activities are described in a logical order in these rules, but the order in which they occur is determined by the specific circumstances in a given referral.
(1) Review records.
(a) The assigned CPS worker
must:
(A) Thoroughly review the documentation
in the referral;
(B) Thoroughly review the paper and
electronic records maintained by Child Welfare for historical information on
the alleged perpetrator and the alleged
victim that may be useful in completing the third
party
CPS assessment;
(C) Make diligent efforts to contact another
state's child welfare agency to obtain records, if any, when the CPS
worker has information that another state may have information
relevant to their third party CPS assessment.
(b) The CPS
worker must review the documents to identify information related to:
(A) The current third party CPS
assessment;
(B) History or
a pattern of abuse;
(C) The alleged victim's
safety and functioning;
(D) The
alleged perpetrator's functioning; and
(E) Worker safety.
(2) Address unassessed
allegations. If there are allegations of abuse of the
alleged victim by the alleged perpetrator
identified in the current referral which were not assessed
previously because Child Welfare was unable to locate the alleged
victim or the alleged perpetrator, the CPS
worker must:
(a) Discuss the prior
unassessed allegations during interviews;
(b) Consider all information about prior
unassessed allegations when determining child safety; and
(c) Document the consideration of prior
unassessed allegations in interviews, observations, and dispositional
findings.
(3) Contact
collateral sources.
(a) The CPS
worker must contact collateral sources who can clarify or supplement
the information in the referral and in records already
reviewed. The CPS worker may contact collateral sources
including, but not limited to:
(A) Individuals
who may have information related to the third party CPS
assessment;
(B)
Individuals who have regular contact with the alleged victim
or the alleged perpetrator;
(C) Doctors or others who have evaluated or
maintain records on the alleged victim;
(D) People who are in an established personal
or professional relationship with the alleged victim and alleged
perpetrator and who can judge the quality and nature of the
alleged victim and alleged perpetrator's behavior and
functioning; and
(E) People who
have records or information about the alleged victim and the alleged
perpetrator as a result of their involvement with, or exposure to, the
alleged victim and alleged perpetrator.
(b) The CPS worker must
gather information from collateral sources throughout the third party
CPS assessment.
(c) The
CPS worker must consult with the assistant attorney general
for advice on accessing records from a collateral source if the source is
unable or unwilling to share information with Child Welfare.
(d) The Director of Human Services may, by
subpoena, compel the production of documents and records, including audio
records, video records, photographs, and student records, that the director
deems relevant or material to a CPS assessment.
(4) Consult with a CPS supervisor.
(a) The CPS worker must
consult with a CPS supervisor or designee:
(A) When the CPS worker has
reasonable cause to believe the alleged perpetrator is an
employee of any program, office, or division of the Department or
OYA;
(B) When a
referral involves a resource family or
respite provider certified by Child Welfare,
(C) When a referral
involves:
(i) A child
care;
(ii) A
child-caring agency;
(iii) A child-caring agency
certified proctor foster home;
(iv) An educational
provider;
(v) An ODDS
licensed group or host home; or
(vi) An ODDS or OYA certified foster
home.
(E) When a
CPS worker receives notification from a
screener that a closed at screening or new
referral was created on an open third party CPS
assessment;
(F) When the
referral involves a child fatality;
(G) When making a disposition in a
complicated or sensitive situation or case; or
(H) When closing a third party CPS
assessment with the disposition of "unable to locate."
(b) The CPS
worker must consult with a CPS supervisor or designee
and refer to OAR 413-015-0850 if at any point
during a third party CPS assessment:
(A) The CPS worker has
information the alleged victim, or a child
identified as an alleged perpetrator may be unsafe or at risk
of being harmed;
(B) The CPS worker
is unable to conduct the activities required during a third party CPS
assessment because an alleged victim, parent or caregiver, or
alleged perpetrator will not allow those activities to
occur;
(C) If a CPS
worker is unable to contact the alleged victim's
parent or caregiver, or the alleged
perpetrator's parent or caregiver if
the alleged perpetrator is a child, to notify
them of the intent to interview;
(D) If a CPS worker has
information indicating notification of an alleged victim's
parent or caregiver, or the alleged
perpetrator's parent or caregiver if the
alleged perpetrator is a child, of the intent
to interview may make a child or an adult unsafe; or
(E) The CPS worker
determines a child is in present danger and the
parent or caregiver is unable to protect the
child, and consultation does not delay the safety
intervention.
(c) Subject
to the discretion of the CPS supervisor, the CPS
worker will consult with a CPS supervisor or designee
at additional key points during the third party CPS
assessment, such as:
(A) Before
making initial contacts; or
(B) When a referral
indicates potential danger to the worker.
(5) Contact and work with other entities. The
CPS worker may need to work with representatives of other
entities to gather and analyze safety-related information to complete the
third party CPS assessment.
(a) The CPS worker may, as
appropriate, notify or consult with other Department programs or other agencies
including, but not limited to, the Office of Vocational Rehabilitation Services
and Animal Control.
(b) The
CPS worker must report to or contact and work with other
entities as follows:
(A) Community Mental
Health Program, Community Developmental Disabilities Program, or Adult
Protective Services. The CPS worker must make a
report to the Community Mental Health Program, Community
Developmental Disabilities Program, or the local Adult Protective Service
office when the CPS worker has reasonable cause to believe:
(i) 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 CPS worker
comes into contact has suffered abuse.
(ii) That any person with whom the
CPS worker comes into contact has abused a
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.
(B) Law
enforcement.
(i) If the
screener did not cross report, the CPS worker
must contact one or more law enforcement agencies (LEA) in accordance with the
protocols of the local MDT agreement and in accordance with cross reporting
rules, OAR 413-015-0300 to OAR
413-015-0310.
(ii) When there is a joint response involving
a CPS worker and LEA staff, the CPS worker is
still responsible for all of the activities necessary to complete a
third party CPS assessment, which are summarized in OAR
413-015-0800 to 413-015-0885. The CPS
worker must, in consultation with a CPS supervisor,
determine whether to coordinate assessment activities with LEA in the following
situations:
(I) Present danger. When the
CPS worker has information that indicates that the
alleged victim is unsafe right now.
(II)
Parent or
caregiver cooperation. When the CPS worker
has information the parent or caregiver may not allow the CPS
worker to observe or interview the alleged
victim.
(III)
Alleged perpetrator cooperation. When the CPS
worker has information the alleged perpetrator may
refuse, or has refused to be interviewed by the CPS
Worker.
(IV)
Child interview. When the CPS worker and the
LEA officer must each interview a child, it is preferable to
coordinate the interviews to reduce the number of interactions with the
child.
(V) Worker
safety. When the CPS worker has information that indicates
contact with individuals involved in the third party CPS
assessment could pose a danger to the CPS
worker.
(VI) Crime
committed. When the CPS worker suspects or receives a
report that a crime may have been committed.
(C) Multi-Disciplinary
Teams (MDTs). Department district managers must develop interagency agreements
regarding assessment of child abuse, as necessary, with local MDTs.
Requirements for MDT protocols are set out in ORS
418.747.
(D) Nine Tribes of Oregon. If the CPS
worker knows or has reason to know the alleged victim
or a child identified as an alleged
perpetrator is an Indian child due to their
affiliation with an Oregon Tribe, the CPS worker must notify
the Oregon Tribe of the third party CPS assessment within 24
hoursunless the screener documented completion of this
notification in the referral (see OAR
413-115-0040).
(E) Office of Child Care. The CPS
worker must notify and coordinate with the Compliance Unit of the
Office of Child Care when a report involves a child
care, as required by ORS
419B.020(1).
(F) Office of Developmental Disabilities
Services (ODDS). The CPS worker must notify and coordinate
with ODDS when a report involves a home certified by ODDS or a
child or young adult receiving services from
ODDS.
(G) Office of Training,
Investigations, and Safety (OTIS). The CPS
worker must notify and coordinate with the OTIS when
a report involves a setting the OTIS is
responsible for investigating as listed in OAR
413-015-0215.
(H) Oregon Youth Authority (OYA). The
CPS worker must notify and coordinate with OYA when a
report involves a home certified by OYA or a
child in the legal custody of OYA.
(I) Probation and parole. The CPS
worker must contact probation and parole when the allegation involves
an alleged victim or an alleged perpetrator
who is supervised by probation or parole.
(J) Public or private schools.
(i) The CPS worker may
request school records, including documents and other materials which the
education provider must immediately provide as described in
ORS 339.388.
(ii) The CPS worker may
interview an alleged victim at school if the alleged
victim's parent or caregiver has been notified of
the third party CPS assessment and is in agreement that the
school is the best environment in which to interview the alleged
victim.
(iii) ORS
419B.045 provides requirements
for third party CPS assessments that are conducted on school
premises. The CPS worker must do the following:
(I) Notify the school
administrator that a third party CPS assessment must
be conducted. If the school administrator is a subject of the
third party CPS assessment, then notification is not
required.
(II) Report to the school
office, provide identification, inform school personnel of the third
party CPS assessment, and provide the name of the alleged
victim to be interviewed.
(III) Request information from school
personnel regarding the disabilities of the alleged victim, if
any, prior to an interview with the alleged victim.
(IV) Interview the alleged
victim out of the presence of other persons unless the CPS
worker believes the presence of a school employee or other person
would facilitate the interview. If the CPS worker believes
that a school employee does not need to be present, but the school employee
insists on being present during the interview, the worker may confer with the
CPS supervisor for assistance in handling the
situation.
(V) Discuss further
actions with the alleged victim at the conclusion of the
interview.
(VI) Inform school
personnel when the interview has been completed.
(VII) Inform school personnel if the
alleged victim is taken into protective
custody.
(VIII) Inform
school personnel that the CPS worker has notified parents of
the interview.
(IX) Contact the
CPS supervisor if school officials refuse to allow the
third party CPS assessment to take place on school
property.
(iv) The CPS
worker may not interview a child identified as an
alleged perpetrator at school.
(6) Obtain interpreters and
translation. The CPS worker must obtain the services of a
competent interpreter and competent written translation service for individuals
interviewed during the third party CPS assessment, including
hearing-impaired individuals, who have limited or no means of communicating in
or reading English.
(7) Take
photographs. The CPS worker must, during the third
party CPS assessment, take photographs and document, as necessary,
abuse and the observable nature of any
concerns for the alleged victim's safety. Prior to taking
photographs, the CPS worker must request parental consent.
(a) As provided in ORS
419B.028, a law enforcement
officer or the CPS worker may take photographs for the purpose
of documenting the child's condition at the time of the
third party CPS assessment.
(b) As provided in ORS
419B.028, if the CPS
worker conducting a third party CPS assessment
observes a child who has suffered suspicious physical
injury and the CPS worker is certain or has a
reasonable suspicion that the injury is or may be the result
of abuse, the CPS worker, in accordance with
the protocols and procedures of the county multi-disciplinary
team described in ORS
418.747, will immediately
photograph or cause to have photographed the suspicious physical injuries.
Regardless of whether the child has previously been
photographed or assessed during a third party CPS assessment,
the CPS worker will photograph or cause to be photographed any
suspicious injuries if the CPS worker is certain or has a
reasonable suspicion the suspicious injuries are the result of
abuse:
(A) During the
third party CPS assessment of a new allegation of
abuse; and
(B)
Each time, during the third party CPS assessment, an injury is
observed that was not previously observed by the assigned CPS
worker.
(c) When
a child is photographed pursuant to subsection (b) of this
section:
(A) The person taking the photographs
or causing to have the photographs taken must, within 48 hours or by the end of
the next regular business day, whichever occurs later:
(i) Provide hard copies or prints of the
photographs and, if available, copies of the photographs in an electronic
format to the designated medical professional; and
(ii) Place photographs in the Child Welfare
record labeled with the case name, case number, child's name,
and date taken.
(B) If a
county multidisciplinary team staffing of the case is held, photographs of the
injury will be made available to each team member involved in the case staffing
at the first meeting regarding the child's case.
(d) If the alleged
victim or the alleged victim's parent or caregiver
refuses to allow the CPS worker to take photographs in accordance with ORS
419B.023, immediately consult
with a CPS supervisor and refer to OAR
413-015-0850.
(e) The CPS worker must
document injuries, hazardous environments, and the observable
nature of any concerns for the alleged victim's safety in the
third party CPS assessment narrative by use of photographs,
written description, or illustrations.
(f) Photographs of the anal or genital region
may be taken only by medical personnel.
(8) Obtain medical assessment. The
CPS worker must, during the third party CPS
assessment as required in this section, facilitate a medical
assessment of the alleged victim and obtain medical history
when necessary to determine a disposition or analyze safety-related
information.
(a) When the CPS
worker determines that a medical assessment is needed as part of a
third party CPS assessment, the CPS worker
must consult with a CPS supervisor as soon as possible, but
not at the expense of delaying medical treatment.
(b) If a person conducting an third
party CPS assessment under ORS
419B.020 observes a
child who has suffered suspicious physical
injury as defined in ORS
419B.023 and the person is
certain or has a reasonable suspicion that the injury is or
may be the result of abuse, the person must, in accordance
with the protocols and procedures of the county multi-disciplinary
team described in ORS
418.747, ensure that:
(A) A designated medical
professional conducts a medical assessment within 48 hours of the
observation of the suspicious physical injury, or sooner if
dictated by the child's medical needs; or
(B) An available physician, physician
associate, or nurse practitioner conducts a medical assessment if, after
reasonable efforts to locate a designated medical
professional, a designated medical professional is
not available to conduct a medical assessment within 48 hours. The CPS
worker is required to document in the Child Welfare electronic
information system efforts to locate the designated medical
professional when an available physician, physician associate, or
nurse practitioner is used.
(c) The CPS worker must
facilitate an assessment by a medical professional if the alleged
abuse involves injury to the anal or genital region.
(d) To make arrangements for the medical
examination, the CPS worker must do the following, unless
completing the action would delay medical treatment or result in severe
harm:
(A) Discuss with the
parent or caregiver the need for medical
examination or treatment and request their consent.
(B) Ask the parent or
caregiver to take the child or young
adult to a medical facility for a medical examination or
treatment.
(C) Request that the
parent sign a form DHS 2099, "Authorization for Use and
Disclosure of Information."
(D) If
the alleged victim's parent or
caregiver does not consent to the medical assessment pursuant
to subsection (b) of this section or actions outlined in subsection (d) of this
section, as required by ORS
419B.023, the CPS
worker must immediately consult with a CPS supervisor and refer to OAR
413-015-0850.
(E) Immediately seek medical care and
consultation when there may be a life-threatening condition, or a deteriorating
condition that may become life-threatening.
(F) As soon as possible and not later than 24
hours after learning of the exposure, make arrangements to test for chemical
exposure to harmful substances when there is reason to believe an
alleged victim has been exposed to dangerous chemicals such as
those found in a chemical drug lab.
(e) When there are indications of severe
physical trauma, the CPS worker must make arrangements to
immediately transport to a medical facility, which may include calling 911. The
CPS worker must also make arrangements for medical examination
for mild or moderate physical trauma.
(f) When a report of
suspected medical neglect of an infant with a disability and with
life-threatening conditions is referred for third party CPS
assessment, the assigned CPS worker must comply with
OAR 413-020-0600 to
413-020-0650.
(g) When it is medically indicated to subject
a child in the custody of the Child Welfare to HIV testing,
the CPS worker must comply with OAR
413-040-0400 to
413-040-0450.
(h) As provided in ORS
147.425, a
child who is the victim of a person crime and is at least 15
years of age at the time of the abuse may have a
personal representative present during a medical examination.
If a CPS worker believes that a personal
representative would compromise the third party CPS
assessment, a CPS worker may prohibit a
personal representative from being present during the medical
examination.
(i) When the
CPS worker is assessing medical neglect, the CPS
worker must consult with a health care professional as part of the
third party CPS assessment.
(9) Obtain psychological and psychiatric
evaluations.
(a) The CPS
worker must obtain consent of the parent or
caregiver prior to making a referral for a
psychological or psychiatric evaluation of the alleged
victim.
(b) The
CPS worker must make a referral for a
psychological or psychiatric evaluation of the alleged victim
by a mental health professional if the evaluation is necessary to determine a
disposition or analyze safety-related information during the third
party CPS assessment.
(10) Make efforts to locate. When the
alleged victim is a child or young
adult in substitute care who is missing, the
CPS worker must collaborate with the assigned caseworker in
attempting to locate the alleged victim.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 418.747, ORS 418.785, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327
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