Or. Admin. Code § 413-080-0070 - Notifications When Reports Are Made Regarding Child Safety or Compliance in a Child-Caring Agency or Proctor Foster Home
(1) The Department must notify appropriate
parties as provided in Oregon Laws 2016, chapter 106 and this rule when:
(a) The Department receives a report of a
suspected violation by a child-caring agency or proctor foster home;
(b) When the Department receives a report of
abuse of a child in care;
(c) When
a report of abuse of a child in care is substantiated or founded; and
(d) When the Department places conditions on
a license or suspends or revokes a license under OAR
413-215-0121.
(2) Report of suspected violation.
(a) A report is a suspected violation when
the report includes information that the child-caring agency or proctor foster
home may have failed to comply with a requirement:
(A) In ORS
418.240;
(D) In a contract the child-caring agency has
with the Department.
(b)
When information received is a suspected violation under subsection (a) of this
section, the Department must notify:
(A)
Appropriate Department personnel including, but not limited to:
(i) Personnel responsible for investigating
complaints under OAR 413-215-0106; and
(ii) Personnel responsible for ensuring
contract compliance under OAR
413-090-0090.
(B) Any governmental agency or unit that has
a contract with the child-caring agency to provide services to a child.
(C) A contact person designated by
the child-caring agency as the authority responsible for such reports.
(3) Report of
abuse of a child in care.
(a) When the report
is a report of abuse of a child in care, the Department must notify all of the
following:
(A) Appropriate Department
personnel including, but not limited to:
(i)
Personnel responsible for licensing child-caring agencies and investigating
complaints under OAR 413-215-0106;
(ii) Personnel responsible for ensuring
contract compliance under OAR
413-090-0090; and
(iii) The caseworker for the child in care
named in the report.
(B)
Any governmental agency or unit that has a contract with the child-caring
agency to provide services to the child in care named in the report.
(C) A contact person designated by the
child-caring agency as the authority responsible for such reports.
(D) The attorney for the child in
care.
(E) The court appointed
special advocate for the child in care.
(F) The parents or guardians of the child in
care.
(G) The attorney representing
the parent or guardian of the child in care.
(b) When a report of abuse of a child in care
is substantiated or founded the Department must notify all of the following
persons and entities of the disposition:
(A)
The Director of the Department.
(B)
Department personnel responsible for licensing child-caring agencies.
(C) The Director of the Office of Child
Welfare Programs.
(D) The
caseworker for the child in care.
(E) The court appointed special advocate, if
any, for the child in care.
(F) The
attorney for the child in care, if any.
(G) The parents or guardians of the child in
care who is the subject of the abuse report and investigation if the child in
care has not been committed to the custody of the Department or the Oregon
Youth Authority. Notification under this paragraph may not include any details
or information other than that a report of abuse has been substantiated.
(H) The parents or guardians of
each child in care that is residing, or receiving care or services, at the
child-caring agency or proctor foster home that is the subject of the report
and investigation, if the child in care has not been committed to the custody
of the Department or the Oregon Youth Authority. Notification under this
paragraph may not include any details or information other than that a report
of abuse has been substantiated.
(I) Any governmental agency or unit that has
a contract with the child-caring agency to provide care or services to a child
in care.
(J) The governing board
for the child-caring agency.
(4) When the Department places conditions on
a license, or suspends or revokes a license under OAR
413-215-0121, the Department
must notify:
(a) Any governmental agency or
unit that has a contract with the child-caring agency to provide care or
services to a child; and
(b) The
governing board for the child-caring agency.
(5) Information provided under this rule may
only be disclosed consistent with state and federal law and Department rules.
Information may not be disclosed if disclosure would hinder an investigation or
place a child at risk.
Notes
Stat. Auth.: ORS 418.005, Or Laws 2016, ch 106
Stats. Implemented: ORS 418.005, Or Laws 2016, ch 106
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