Or. Admin. Code § 419-230-0110 - Definitions
Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 230:
(1) "Abuse" has the same meaning as defined
in 419B.005. (See OAR 419-230-0170(2) and OAR 419-230-0173.)
(2) "Abuse determination" means the
determination OTIS makes after an investigation under these rules (OAR chapter
419, division 230) that a report of abuse is founded, unfounded or unable to
determine as described in OAR 419-230-0170 and OAR 419-230-0173.
(3) "Abuse investigation report" means the
report the OTIS investigator completes as provided in OAR 419-230-0180 on a
report of abuse that is determined to require an investigation under OAR
419-230-0130(1)(b).
(4) "Agent" as
defined in ORS 419B.019 means, a person who:
(a) Acts as an agent for an education
provider in a manner that requires the person to have direct, unsupervised
contact with children; and
(b)
Interacts with a child because of the person's status as an agent for an
education provider.
(5)
"Alleged victim" means the child who is reported, alleged or determined to be
subjected to abuse under these rules. (OAR chapter 419, division 230)
(6) "Business days" means all consecutive
calendar days, not counting Saturdays, Sundays and legal holidays as defined in
ORS 187.010.
(7) "Child" means an unmarried person who:
(a) Is under 18 years of age; or
(b) Is a child in care, as defined in ORS
418.257.
(8) "Contractor" as defined in ORS
419B.019 means, a person who:
(a) Provides services to an education
provider under a contract in a manner that requires the person to have direct,
unsupervised contact with children; and
(b) Interacts with a child because of the
person's status as a contractor for an education provider.
(9) "Department" means the Oregon Department
of Human Services (ODHS).
(10)
"Education Provider" has the same meaning as defined in ORS
339.370.
(a) Education Provider includes:
(A) A school district, as defined in ORS
332.002;
(B) The Oregon School for the Deaf;
(C) An educational program under the Youth
Corrections Education Program;
(D)
A public charter school, as defined in ORS
338.005;
(E) An education service district, as defined
in ORS 334.003;
(F) Any state-operated program that provides
educational services to students; or
(G) A private school.
(b) "Education Provider" does not include:
(A) The Oregon Youth Authority;
(B) The Department of Corrections;
(C) The Department of Education, except when
functioning as an education provider on behalf of:
(i) The Oregon School for the Deaf;
(ii) An educational program under the Youth
Corrections Education Program; or
(iii) A public charter school, as defined in
ORS 338.005, that is sponsored by
the Department of Education.
(11) "Indian child" as defined in
25 U.S.C. §
1903 (4) means any unmarried
individual who is under age 18 and either:
(a)
Is a member or citizen of an Indian Tribe; or
(b) Is eligible for membership or citizenship
in an Indian Tribe and is the biological child of a member or citizen of an
Indian Tribe.
(12)
"Investigation" as defined in ORS
419B.005(4)
means a detailed inquiry into or assessment of the safety of a child alleged to
have experienced abuse. "Investigation" does not include screening activities
conducted upon the receipt of a report.
(13) "Law enforcement agency" has the same
meaning as defined in ORS
419B.005(5).
(14) "Legal Guardian" means for an individual
under the age of 18, the parent, unless a court appoints another person or
agency to act as the individual's guardian.
(15) "Licensed administrator" also known as
"Chief administrator" means the person designated by the education provider's
policies adopted under ORS
339.372 to receive reports of
suspected child abuse and includes an alternate licensed administrator, if the
designee is the respondent.
(16)
"OTIS investigator" means a Department: Office of Training, Investigations and
Safety (OTIS) employee who is authorized and receives OTIS approved training to
screen or investigate reports of abuse under these rules, OAR chapter 419,
division 230.
(17) "OTIS response"
means how OTIS will respond to a report of abuse that is determined at the
conclusion of the OTIS screening process.
(18) "Reasonable cause" means a subjectively
and objectively reasonable belief, given all of the circumstances and based on
specific and articulable facts. (ORS
419B.150)
(19) "Reasonable suspicion" for purposes of
complying with ORS 419B.023 (Karly's Law) means a
reasonable belief given all the circumstances, based upon specific and
describable facts, that the suspicious physical injury may be the result of
abuse.
(20) "Redacted" means
information deemed confidential under state or federal law has been protected
from view.
(21) "Reporter" means an
individual who makes a report of suspected child abuse to the
Department.
(22) "Respondent"
means:
(a) The adult alleged in a report to
have committed abuse; or
(b) A
public education program as defined in ORS
339.285, for incidents occurring
on or after July 1, 2023.
(23) "Screening" means the process used by
OTIS to determine the response to reports that are determined to be the
responsibility of OTIS.
(24)
"School employee" as defined in ORS
419B.019, means a person who:
(a) Is an employee of an education provider;
and
(b) Interacts with a child
because of the person's status as an employee of an education
provider.
(25) "Severe
harm" as defined in ORS
419B.150 means:
(a) Life -threatening damage; or
(b) Significant or acute injury to a person's
physical, sexual, or psychological functioning.
(26) "Sex trafficking" as defined in ORS
418.322(1)(b)
means the recruitment, harboring, transportation, provision, obtaining,
patronizing, or soliciting of an individual under the age of 18 for the purpose
of a commercial sex act.
(27)
"Suspicious physical injury" has the same meaning as defined in ORS
419B.023 (Karly's
Law).
(28) "Volunteer" means as
defined in ORS 419B.019, a person who:
(a) Acts as a volunteer for an education
provider in a manner that requires the person to have direct, unsupervised
contact with children; and
(b)
Interacts with a child because of the person's status as a volunteer of an
education provider.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 419B.019
Statutes/Other Implemented: ORS 419B.005 - 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B) & ORS 339.296
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