Or. Admin. Code § 413-015-1015 - Making the CPS Assessment Disposition Determination
(1) Except as provide section (3) of this
rule, abuse of a child, for the purpose of determining the CPS assessment
disposition, includes, among others, the behavior, conditions, and
circumstances described in this section.
(a)
Abandonment, including parental behavior showing an intent to permanently give
up all rights and claims to the child.
(b) Child selling, including the selling of a
child that consists of buying, selling, bartering, trading, or offering to buy
or sell the legal or physical custody of a child.
(c) Mental injury (psychological
maltreatment), includes only cruel or unconscionable acts or statements made,
or threatened to be made, to a child if the acts, statements or threats result
in severe harm to the child's psychological, cognitive, emotional, or social
well-being and functioning.
(d)
Neglect, including failure, through action or omission, to provide and maintain
adequate food, clothing, shelter, medical care, supervision, protection, or
nurturing. Chronic neglect is a persistent pattern of family functioning in
which the parent or caregiver does not sustain or meet the basic needs of a
child resulting in an accumulation of harm that can have long term effect on
the child's overall physical, mental, or emotional development. Neglect
includes each of the following:
(A) Physical
neglect, which includes each of the following:
(i) Failing to provide for the child's basic
physical needs including adequate shelter, food, and clothing.
(ii) Permitting a child to enter or remain in
or upon premises where methamphetamines are being manufactured.
(iii) Unlawful exposure of a child to a
substance that subjects a child to severe harm to the child's health or safety.
When the CPS worker is making a determination of physical neglect based on
severe harm to the child's health due to unlawful exposure to a substance, this
determination must be consistent with medical findings.
(B) Medical neglect is a refusal or failure
to seek, obtain, or maintain necessary medical, dental, or mental health care.
Medical neglect includes withholding medically indicated treatment from infants
who have disabilities and life-threatening conditions. However, failure to
provide the child with immunizations or routine well-child care alone does not
constitute medical neglect. When the CPS worker is making a determination of
medical neglect, this determination must be consistent with medical
findings.
(C) Lack of supervision
and protection, including failure to provide supervision and protection
appropriate to the child's age, mental ability, and physical
condition.
(D) Desertion, which
includes the parent or caregiver leaving the child with another person and
failing to reclaim the child, or parent or caregiver failure to provide
information about their whereabouts, providing false information about their
whereabouts, or failing to establish a legal guardian or custodian for the
child.
(E) Psychological neglect,
which includes serious inattention to the child's need for affection, support,
nurturing, or emotional development. The parent or caregiver behavior must be
related to the observable and severe harm of the child's psychological,
cognitive, emotional, or social well-being and functioning.
(e) Physical abuse, including an
injury to a child that is inflicted or allowed to be inflicted by
non-accidental means that results in harm. Physical abuse may include injury
that could not reasonably be the result of the explanation given. Physical
abuse may also include injury that is a result of discipline or punishment.
Examples of injuries that may result from physical abuse include:
(A) Head injuries;
(B) Bruises, cuts, punctures,
lacerations;
(C) Internal
injuries;
(D) Burns or
scalds;
(E) Injuries to bone,
muscle, cartilage, and ligaments;
(F) Poisoning;
(G) Electrical shock;
(H) Substantial pain, physical impairment;
and
(I) Death.
(f) Sexual abuse, which includes:
(A) A person's use or attempted use of a
child for the person's own sexual gratification, the sexual gratification of
another person, or the sexual gratification of the child. Sexual abuse
includes, but is not limited to, incest, rape, sodomy, sexual penetration,
fondling, and voyeurism.
(B) Sexual
exploitation.
(C) Sex
trafficking.
(g) Threat
of harm, including all activities, conditions, and circumstances that place the
child at threat of severe harm of physical abuse, sexual abuse, neglect, mental
injury, or other child abuse.
(2) Except as provided in section (3) of this
rule or when the abuse is familial or third party abuse, abuse of a child in
care when the child in care lives with a resource family or receives services
from a respite provider certified by Child Welfare includes, among others, the
behavior, conditions, and circumstances described in this section.
(a) Abandonment, including desertion or
willful forsaking of a child in care, or the withdrawal or neglect of duties
and obligations owed a child in care by a resource parent or respite provider
certified by Child Welfare, a caregiver, or other person.
(b) Financial exploitation.
(A) Financial exploitation includes:
(i) Wrongfully taking the assets, funds, or
property belonging to or intended for the use of a child in care.
(ii) Alarming a child in care by conveying a
threat to wrongfully take or appropriate moneys or property of the child in
care if the child in care would reasonably believe that the threat conveyed
would be carried out.
(iii)
Misappropriating, misusing, or transferring without authorization any moneys
from any account held jointly or singly by a child in care.
(iv) Failing to use the income or assets of a
child in care effectively for the support and maintenance of the child in
care.
(B) Financial
exploitation does not include age-appropriate discipline that may involve the
threat to withhold, or the withholding of, privileges.
(C) Involuntary seclusion. Involuntary
seclusion means confinement of a child in care alone in a room or an enclosed
space from which the child in care is prevented from leaving by any means. A
resource parent or respite provider certified by Child Welfare may not put a
child in care into involuntary seclusion.
(i)
Involuntary seclusion includes:
(I)
Involuntary seclusion of a child in care for the convenience of a resource
parent or respite provider certified by Child Welfare.
(II) Involuntary seclusion of a child in care
to discipline the child in care.
(III) Involuntary seclusion of a child in
care as a form of punishment.
(IV)
Involuntary seclusion of a child in care done in retaliation.
(ii) Involuntary seclusion does
not include age-appropriate discipline, including, but not limited to, a
time-out if the time-out is in a setting from which the child in care is not
prevented from leaving by any means.
(c) Neglect, which includes:
(A) Failure to provide the care, supervision,
or services necessary to maintain the physical and mental health of a child in
care; or
(B) The failure of a
resource parent or respite provider certified by Child Welfare, a caregiver, or
other person to make a reasonable effort to protect a child in care from
abuse.
(d) Physical
abuse, which includes:
(A) Any physical injury
to a child in care caused by other than accidental means, or that appears to
conflict with the explanation given of the injury; or
(B) Willful infliction of physical pain or
injury upon a child in care.
(e) Sexual abuse, which includes:
(A) Sexual harassment.
(B) Sexual exploitation.
(C) Exposing a child in care to sexually
explicit material or language that does not serve a legitimate medical,
scientific, or educational purpose. This also includes any exposure to sexually
explicit conduct involving a child.
(D) Sexual contact with a child in care,
including, but not limited to:
(i) Any sexual
contact between a child in care and a resource parent or respite provider
certified by Child Welfare, a caregiver, or other person responsible for the
provision of care or services to a child in care;
(iii) Any sexual contact between a person and
a child or young adult that is unlawful under ORS chapter 163 and not subject
to a defense under that chapter, including, but not limited to:
(I) Rape (ORS
163.355,
163.365,
163.375);
(II) Sodomy (ORS
163.385,
163.395,
163.405);
(III) Unlawful sexual penetration (ORS
163.408,
163.411);
(IV) Sexual abuse (ORS
163.415,
163.425,
163.427); or
(VI) Incest (ORS
163.525).
(ii) Any sexual contact that is achieved
through force, trickery, threat, or coercion.
(E) Private indecency (ORS
163.467).
(F) Public indecency (ORS
163.465).
(G) Sex trafficking.
(f) Verbal abuse.
(A) Verbal abuse includes threatening severe
harm, either physical or emotional, to a child in care through the use of:
(i) Derogatory or inappropriate names,
insults, verbal assaults, profanity, or ridicule; or
(ii) Harassment, coercion, threats,
compelling or deterring conduct by threats, humiliation, mental cruelty, or
inappropriate sexual comments.
(B) Verbal abuse does not include
age-appropriate discipline that may involve the threat to withhold
privileges.
(g) Wrongful
use of restraint. A resource parent or respite provider certified by the Child
Welfare or a caregiver may not use a restraint on a child in care.
(A) Wrongful restraints do not include:
(i) Holding the child in care's hand or arm
to escort the child in care safely and without the use of force from one area
to another; or
(ii) Assisting the
child in care to complete a task if the child in care does not resist the
physical contact.
(B) A
resource parent or respite provider certified by Child Welfare may use a
physical intervention if:
(i) The intervention
is necessary to break up a physical fight or to effectively protect a person
from an assault, serious bodily injury or sexual contact;
(ii) The physical intervention uses the least
amount of physical force and contact possible; and
(ii) The physical intervention is not a
prohibited restraint described in ORS
418.519 and
418.523.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 409.185, ORS 419B.005 - 419B.050, ORS 418.205 - 418.327 & ORS 418.519 - 418.523
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