Or. Admin. Code § 413-015-0870 - Notifications at Conclusion of Third Party CPS Assessment

(1) Requirements for Providing Notifications. The CPS worker must:

(a) Unless Child Welfare determines disclosure is not permitted under ORS 419B.035, notify the reporter, if the reporter provided Child Welfare with contact information, whether contact was made, whether Child Welfare determined abuse occurred, and whether services will be provided.

(b) Provide verbal notification to the alleged victim's parents, including a non-custodial legal parent, and caregivers of all third party CPS assessment dispositions (unfounded, unable to determine, or founded) and whether Child Welfare will provide services as a result of the third party CPS assessment. If the verbal notification of the third party CPS assessment disposition and service provision may make a child or adult unsafe, the CPS worker must consult with a CPS supervisor and refer to OAR 413-015-0850. A CPS supervisor may authorize an exception to the requirement to provide the notification based on documentation supporting the conclusion that notification may make a child or adult unsafe.

(c) Provide written notification to perpetrators of founded dispositions and the disposition review process as outlined in OAR 413-010-0700 to 413-010-0750.

(A) If the notification of the third party CPS assessment disposition may make an adult unsafe, the CPS worker must consult with a CPS supervisor and discuss ways to partner with the impacted person to promote their safety.

(B) If the notification could make a child unsafe, the CPS worker must consult with a CPS supervisor to discuss ways to partner with the child's legal parent, guardian, Indian custodian, or attorney to ensure the child's safety.

(C) The Child Safety Program manager may approve an exception to delivery of written notification, as provided in OAR 413-010-0715.

(d) If Child Welfare has reason to know the perpetrator has an attorney, the local Child Welfare office must provide a copy of the written notification described in (c) to the perpetrator's attorney, if applicable, unless the Child Safety Program Manager has approved an exception to delivery, as provided in OAR 413-010-0715.

(e) Provide the Teacher Standards and Practices Commission (TSPC) notification of the completed third party CPS assessment when a teacher or school administrator, as defined in OAR 413-015-0115, is identified as an alleged perpetrator in a report. Regardless of the disposition, a copy of the completed third party CPS assessment must be sent to TSPC after information related to the reporter's identity and other confidential information is removed.

(f) Provide the Office of Developmental Disabilities Services (ODDS) notification of the completed third party CPS assessment when a third party CPS assessment involves a home certified by ODDS. Regardless of the disposition, a copy of the completed third party CPS assessment must be sent to ODDS after information related to the reporter's identity and other confidential information is removed.

(g) Provide Oregon Youth Authority (OYA) notification of the completed third party CPS assessment when a third party CPS assessment involves a home certified by OYA. Regardless of the disposition, a copy of the completed third party CPS assessment must be sent to OYA after information related to the reporter's identity and other confidential information is removed.

(h) Provide Disability Rights Oregon notification of the completed third party CPS assessment when a report of abuse was alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. Regardless of the disposition, a copy of the completed third party CPS assessment must be sent to Disability Rights Oregon after information related to the reporter's identity and other confidential information is removed.

(2) Documentation of notifications. The CPS worker must document the notifications as described in this rule in the Child Welfare electronic information system and the documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(c) The date the notification was made.

(d) That the notifications have been attempted or made within the following timelines:

(A) Prior to completing the third party CPS assessment for a notification provided under subsection (1)(a) of this rule.

(B) Within five business days of supervisory approval of the third party CPS assessment for a notification provided under subsection (1)(b) through (1)(d) of this rule.

Notes

Or. Admin. Code § 413-015-0870

CWP 20-2021, temporary adopt filed 09/30/2021, effective 9/30/2021 through 3/28/2022; CWP 5-2022, adopt filed 03/28/2022, effective 3/28/2022; CWP 85-2023, amend filed 10/24/2023, effective 11/1/2023; CWP 2-2024, amend filed 01/29/2024, effective 2/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327