Confidentiality of Client Information

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_413/413_010.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES,
CHILD WELFARE PROGRAMS




 

DIVISION 10
CLIENT RIGHTS
Confidentiality of Client Information

413-010-0000
Definitions
The following definitions apply to OAR
chapter 413, division 10.
(1) "Adoption assistance"
means assistance provided on behalf of an eligible child or young adult to offset
the costs associated with adopting and meeting the ongoing needs of the child or
young adult. "Adoption assistance" may be in the form of payments, medical coverage,
reimbursement of nonrecurring expenses, or special payments.
(2) "Adoption records, papers,
and files" means all documents, writings, information, exhibits, and other filings
retained in the court's record of an adoption case pursuant to ORS 109.319 and includes
but is not limited to the Adoption Summary and Segregated Information Statement
described in ORS 109.317 and exhibits attached to the statement, the petition and
exhibits attached to the petition pursuant to ORS 109.315, and any other motion,
judgment, document, writing, information, exhibit, or filing retained in the court's
record of the adoption case.
(3) "Adoptive family" means
an individual or individuals who have legalized a parental relationship to the child
who joined the family through a judgment of the court.
(4) "Adult" means a person
18 years of age or older.
(5) "Base rate payment" means
a payment to the foster parent or relative caregiver at a rate established by the
Department for the costs of providing the child or young adult with the following:
(a) Food, including the special
or unique nutritional needs of the child or young adult;
(b) Clothing, including purchase
and replacement;
(c) Housing, including maintenance
of household utilities, furnishings, and equipment;
(d) Daily supervision, including
teaching and directing to ensure safety and well-being at a level appropriate for
the chronological age of the child or young adult;
(e) Personal incidentals,
including personal care items, entertainment, reading materials, and miscellaneous
items; and
(f) Transportation, including
gas, oil, and vehicle maintenance and repair costs for local travel associated with
providing the items listed above, and transportation to and from extracurricular,
child care, recreational, and cultural activities.
(6) "Case plan" means a written,
goal oriented, and time-limited individualized plan for the child and the child's
family, developed by the Department and the parents or guardians, to achieve the
child's safety, permanency, and well-being.
(7) "Central Office CPS Founded
Disposition Review" means a process wherein a Central Office CPS Founded Disposition
Review Committee reviews a founded disposition, makes recommendations to the CPS
Program Manager or designee, and the CPS Program Manager or designee makes a decision
to uphold, overturn, or change the abuse type of the founded disposition.
(8) "Central Office CPS Founded
Disposition Review Committee" means a group of two child welfare employees who make
a recommendation or recommendations to the Child Protective Services Program Manager
or designee regarding the CPS founded disposition. No one may serve on the "Central
Office CPS Founded Disposition Review Committee" who participated in or observed
the Local Child Welfare Office CPS Founded Disposition Review or had a role in the
CPS assessment, including having participated in a staffing, that resulted in the
CPS founded disposition under review. Further requirements of the "Central Office
CPS Founded Disposition Review Committee" are found in OAR 413-010-0745 and 413-010-0746.
The two child welfare staff on the committee must include any two of the following:
(a) Either the Program Manager
for CPS or a designee;
(b) A CPS program coordinator;
(c) A CPS consultant; or
(d) A Department supervisor.
(9) "Certificate of Approval"
means a document that the Department issues to approve the operation of a child-specific
relative caregiver home, child-specific foster home, pre-adoptive home, or a regular
foster home.
(10) "Certified family" means
an individual or individuals who hold a current Certificate of Approval from the
Department to operate a home to provide care, in the home in which they reside,
to a child or young adult in the care or custody of the Department.
(11) "Child" means a person
under 18 years of age.
(12) "Child Protective Services
(CPS)" means a specialized social service program that the Department provides on
behalf of children who may be unsafe after a report of child abuse or neglect is
received.
(13) "Client" means any individual
receiving services from the Department, including the parent or legal guardian of
a child or young adult, or the custodian of an unemancipated minor client.
(14) "Client file" means
an electronic or paper file that the Department marks with the names of one or more
clients, into which the Department places all of the named clients' records. A "client
file" may contain confidential information about other clients and persons who are
not clients.
(15) "Client information"
means confidential information about a client or identified with a client.
(16) "Client record" means
any record that includes client information and is created, requested, or held by
the Department. A "client record" does not include general information, policy statements,
statistical reports, or similar compilations of data which are not identified with
an individual child, family or other recipient of services.
(17) "Confidential information"
means information that is unavailable to the public by statute, rule, or court order.
(18) "Contract Provider"
means any individual or organization that provides services to a Child Welfare client
pursuant to a contract or agreement with Child Welfare.
(19) "Court Appointed Special
Advocate (CASA)" means a volunteer who is appointed by the court, is a party to
the juvenile proceeding, and advocates for the child pursuant to ORS 419A.170.
(20) "CPS Disposition" means
a determination that completes a CPS assessment. Dispositions are discussed in OAR
413-015-1000 and include founded, unfounded, and unable to determine.
(21) "Department" means the
Department of Human Services, Child Welfare.
(22) "Discipline" means a
training process a family uses to help a child or young adult develop the self-control
and self-direction necessary to assume responsibilities, make daily living decisions,
and learn to conform to accepted levels of social behavior.
(23) "Disclose" means reveal
or provide client information to a person, agency, organization, or other entity
outside of the Department of Human Services. Disclosing includes, but is not limited
to:
(a) Showing or providing
a client record or copy of a client record; and
(b) Orally transmitting client
information.
(24) "Foster parent" means
an individual who operates a home that has been approved by the Department to provide
care for an unrelated child or young adult placed in the home by the Department.
(25) "Guardian" means an
individual who has been granted guardianship of a child through a judgment of the
court.
(26) "Guardianship assistance"
means assistance provided by the Department to the guardian on behalf of an eligible
child or young adult to offset costs associated with meeting the ongoing needs of
the child or young adult. "Guardianship assistance" may be in the form of a payment,
medical coverage, or reimbursement of guardianship expenses.
(27) "Indian child" means
an unmarried person who is under 18 years of age and who is either a member of an
Indian tribe or is eligible for membership in an Indian tribe and who is the biological
child of a member of an Indian tribe.
(28) "Juvenile" means a person
younger than the age of 18 years who is identified as a perpetrator. OAR 413-010-0716
provides specific requirements regarding application of these rules to juveniles.
(29) "Legal finding" means
a court or administrative finding, judgment, order, stipulation, plea, or verdict
that determines who was responsible for the child abuse that is the subject of a
CPS founded disposition.
(30) "Legal proceeding" means
a court or administrative proceeding that may result in a legal finding.
(31) "Legally emancipated
" means a person under 18 years of age who is married or has been emancipated by
the court in accordance with the requirements of ORS 419B.558.
(32) "Level of care payment"
means the payment provided to an approved or certified family, a guardian, a pre-adoptive
family, or an adoptive family based on the need for enhanced supervision of a child
or young adult as determined by applying the CANS algorithm to the results of the
CANS screening.
(33) "Level of personal care
payment" means the payment to a qualified provider for performing the personal care
services for an eligible child or young adult based on the child's or young adult's
need for personal care services as determined by applying the personal care services
algorithm to the results of the personal care services rating scale.
(34) "Licensee" means a private
child-caring agency or an organization or school that offers a residential program
for children (regulated pursuant to ORS 418.327) and holds a license issued by the
Department.
(35) "Local Child Welfare
Office CPS Founded Disposition Review" means a process wherein a Local Child Welfare
Office CPS Founded Disposition Review Committee reviews a founded disposition, makes
recommendations to a Child Welfare program manager or designee, and the Child Welfare
program manager or designee makes a decision to uphold, overturn, or change the
abuse type of the founded disposition.
(36) "Local Child Welfare
Office CPS Founded Disposition Review Committee" means a group of two child welfare
employees who make a recommendation or recommendations to a Child Welfare Program
Manager or designee regarding a CPS founded disposition. One of the members must
be a manager and one must be staff trained in CPS assessment and dispositions. No
one may serve on the "Local Child Welfare Office CPS Founded Disposition Review
Committee" in the review of an assessment in which he or she had a role in the CPS
assessment, including having participated in a staffing, that resulted in the CPS
founded disposition under review. Further requirements of the "Local Child Welfare
Office CPS Founded Disposition Review Committee" are found in OAR 413-010-0735 and
413-010-0738.
(37) "Parent" means the biological
or adoptive mother or the legal father of the child. A legal father is a man who
has adopted the child or whose paternity has been established or declared under
ORS 109.070, 416.400 to 416.465, or by a juvenile court. In cases involving an Indian
child under the Indian Child Welfare Act (ICWA), a legal father includes a man who
is a father under applicable tribal law. "Parent" also includes a putative father
who has demonstrated a direct and significant commitment to the child by assuming
or attempting to assume responsibilities normally associated with parenthood unless
a court finds that the putative father is not the legal father.
(38) "Participating tribe"
means a federally recognized Indian tribe in Oregon with a Title IV E agreement
with the Department.
(39) "Party" means a person
entitled to a contested case hearing under these rules.
(40) "Perpetrator" means
the person the Department has reasonable cause to believe is responsible for child
abuse in a CPS founded disposition.
(41) "Person Requesting Review"
or "Requestor" means a perpetrator, his or her attorney, or, if a juvenile is identified
as the perpetrator, the person who may request a review on behalf of the juvenile,
who requests a review of the founded disposition.
(42) "Potential guardian"
means an individual who:
(a) Has been approved by
the Department or participating tribe to be a child's guardian; and
(b) Is in the process of
legalizing the relationship to the child through the judgment of the court.
(43) "Pre-adoptive family"
means an individual or individuals who:
(a) Has been selected to
be a child's adoptive family; and
(b) Is in the process of
legalizing the relationship to the child through the judgment of the court.
(44) "Private child-caring
agency" is defined by the definitions in ORS 418.205, and means a "child-caring
agency" that is not owned, operated, or administered by any governmental agency
or unit.
(a) A "child-caring agency"
means an agency or organization providing:
(A) Day treatment for children
with emotional disturbances;
(B) Adoption placement services;
(C) Residential care, including,
but not limited to, foster care or residential treatment for children;
(D) Outdoor youth programs
(defined at OAR 413-215-0911); or
(E) Other similar services
for children.
(b) A child-caring agency
does not include residential facilities or foster care homes certified or licensed
by the Department under ORS 443.400 to 443.455, 443.830, and 443.835 for children
receiving developmental disability services.
(45) "Record" means a record,
file, paper, or communication and includes, but is not limited to, any writing or
recording of information including automated records and printouts, handwriting,
typewriting, printing, photostating, photographing, magnetic tapes, videotapes,
or other documents. "Record" includes records that are in electronic form.
(46) "Registered domestic
partner" means an individual joined in a domestic partnership that has been registered
by a county clerk in accordance with ORS 106.300 to 106.340.
(47) "Relative" means any
of the following:
(a) An individual with one
of the following relationships to the child or young adult through the parent of
the child or young adult unless the relationship has been dissolved by adoption
of the child, young adult, or parent:
(A) Any blood relative of
preceding generations denoted by the prefixes of grand, great, or great-great.
(B) Any half-blood relative
of preceding generations denoted by the prefixes of grand, great, or great-great.
Individuals with one common biological parent are half-blood relatives.
(C) An aunt, uncle, nephew,
niece, first cousin, and first cousin once removed.
(D) A spouse of anyone listed
in paragraphs (A) to (C) of this subsection, even if a petition for annulment, dissolution,
or separation has been filed or the marriage is terminated by divorce or death.
To be considered a "relative" under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the most recent episode of Department
custody.
(b) An individual with one
of the following relationships to the child or young adult:
(A) A sibling, also to include
an individual with a sibling relationship to the child or young adult through a
putative father.
(B) An individual defined
as a relative by the law or custom of the tribe of the child or young adult if the
child or young adult is an Indian child under the Indian Child Welfare Act or in
the legal custody of a tribe.
(C) An individual defined
as a relative of a refugee child or young adult under OAR 413-070-0300 to 413-070-0380.
(D) A stepparent or former
stepparent if the child or young adult had a relationship with the former stepparent
prior to the most recent episode of Department custody; a stepbrother; or a stepsister.
(E) A registered domestic
partner of the parent of the child or young adult or a former registered domestic
partner of the parent of the child or young adult if the child or young adult had
a relationship with the former domestic partner prior to the most recent episode
of Department custody.
(F) The adoptive parent or
an individual who has been designated as the adoptive resource of a sibling of the
child or young adult.
(G) An unrelated legal or
biological father or mother of a half-sibling of the child or young adult when the
half-sibling of the child or young adult is living with the unrelated legal or biological
father or mother.
(c) An individual identified
by the child or young adult or the family of the child or young adult, or an individual
who self-identifies, as being related to the child or young adult through the parent
of the child or young adult by blood, adoption, or marriage to a degree other than
an individual specified as a "relative" in paragraphs (A) to (C) of subsection (a)
of this section unless the relationship has been dissolved by adoption of the child,
young adult, or parent.
(d) An individual meeting
the requirements of at least one of the following:
(A) An individual not related
to the child, young adult, or parent by blood, adoption, or marriage:
(i) Who is identified as
a member of the family by the child or young adult or by the family of the child
or young adult; and
(ii) Who had an emotionally
significant relationship with the child or young adult or the family of the child
or young adult prior to the most recent episode of Department custody.
(B) An individual who has
a blood relationship to the child or young adult as described in paragraphs (A)
to (C) of subsection (a) of this section through the birth parent of the child or
young adult, but the prior legal relationship has been dissolved by adoption of
the child, young adult, or birth parent, and who is identified as a member of the
family by the child or young adult or who self-identifies as a member of the family.
(e) For eligibility for the
guardianship assistance program:
(A) A stepparent is considered
a parent and is not a "relative" for the purpose of eligibility for guardianship
assistance unless a petition for annulment, dissolution, or separation has been
filed, or the marriage to the adoptive or biological parent of the child has been
terminated by divorce or death.
(B) A foster parent may only
be considered a "relative" for the purpose of eligibility for guardianship assistance
when:
(i) There is a compelling
reason why adoption is not an achievable permanency plan;
(ii) The foster parent is
currently caring for a child, in the care or custody of the Department or a participating
tribe, who has a permanency plan or concurrent permanent plan of guardianship;
(iii) The foster parent has
cared for the child for at least 12 of the past 24 months; and
(iv) The Department or tribe
has approved the foster parent for consideration as a guardian.
(48) "Relative caregiver"
means an individual who operates a home that has been approved by the Department
to provide care for a related child or young adult placed in the home by the Department.
(49) "Request for a Central
Office CPS Founded Disposition Review" means a written request for a Central Office
CPS Founded Disposition Review from a requestor who has received a Local Child Welfare
Office CPS Founded Disposition Review Decision (Form CF 314) to retain a founded
disposition. The specific requirements for a request for review by Central Office
are described in OAR 413-010-0740.
(50) "Safety service provider"
means a participant in a protective action plan, initial safety plan, or ongoing
safety plan whose actions, assistance, or supervision help a family in managing
a child's safety.
(51) "Service" means assistance
that the Department provides clients.
(52) "Sibling" means one
of two or more children or young adults who are related, or would be related but
for a termination or other disruption of parental rights, in one of the following
ways:
(a) By blood or adoption
through a common parent;
(b) Through the marriage
of the legal or biological parents of the children or young adults; or
(c) Through a legal or biological
parent who is the registered domestic partner of the legal or biological parent
of the children or young adults.
(53) "Substitute care" means
the out-of-home placement of a child or young adult who is in the legal or physical
custody and care of the Department.
(54) "Substitute caregiver"
means a relative caregiver, foster parent, or provider authorized to provide care
to a child or young adult in the legal or physical custody of the Department.
(55) "Voluntary services"
means services that the Department provides at the request of a person or persons
and there is no open and related juvenile court proceeding.
(56) "Young adult" means
a person 18 through 20 years of age.
Stat Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
409.225, 419A.255
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99; CWP 18-2011, f.
& cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 13-2015,
f. & cert. ef. 8-4-15; CWP 22-2015, f. & cert. ef. 10-6-15
413-010-0010
Purpose
The purpose of OAR 413-010-0010 to 413-010-0075
is to describe circumstances in which the Department may and may not disclose client
information without a court order.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 409.225,
419A.170, 419A.255
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99; CWP 18-2011, f.
& cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 13-2015,
f. & cert. ef. 8-4-15
413-010-0030
Protection of Information
In the interest of family privacy and
to protect children, families, and other recipients of services, except as provided
by Oregon statutes and these rules (OAR 413-010-0010 to 413-010-0075):
(1) Client information is
confidential.
(2) Client records are not
available for public inspection.
(3) Oregon statutes, OAR
407-014, and these rules regulate the Department's disclosure of client information
by prohibiting disclosure of some client information, mandating disclosure of some
information, and giving the Department discretion to disclose some information,
as provided in OAR 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, and 407-014.
Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.010,
409.225, 419A.255 & 419B.035
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99; CWP 18-2011, f.
& cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14
413-010-0035
Prohibited Disclosures
(1) If a court order or a specific statute
requires the Department to disclose information that this rule protects, the Department
must disclose the information.
(2) The Department may not
disclose client information:
(a) For purposes not directly
connected with the administration of child welfare laws; or
(b) When disclosure is not
required nor authorized by:
(A) ORS 419B.035 (governing
confidentiality of child abuse records), set out in section (11) of this rule;
(B) ORS 419A.255 (governing
confidentiality of juvenile court records) set out in section (12) of this rule;
or
(C) Another statute.
(3) The Department may not
disclose investigatory information compiled for criminal law purposes, including
the record of an arrest or a report of a crime, unless law enforcement explicitly
authorizes the Department to disclose such information.
(4) Department employees
may not disclose the information described in section (3) of this rule unless authorized
to do so by the branch manager or designee.
(5) A person authorized to
review client records may not review the complete case file if the complete file
contains confidential information about other persons, including, but not limited
to other clients, ex-spouses, battering partners, housemates, and half-siblings
unless the other person provides written consent that meets the requirements of
OAR 413-010-0045(2)(a).
(6) The Department may not
disclose the records of a patient at a drug and alcohol abuse treatment facility
to any person without the consent of the patient.
(7) The Department may not
disclose client information contained in a record sealed by a court order of expunction
or any part of the expunged record.
(8) Adoption Records, Papers,
and Files.
(a) The Department may not
access, use, or disclose adoption records, papers, and files in its possession except
as provided in ORS 109.319.
(b) Subject to subsection
(c) of this section, the Department may, without a court order, access, use, or
disclose adoption records, papers, and files in its possession for the purpose of
providing adoption services or administering child welfare services that the Department
is authorized to provide under federal or state law.
(c) The Child Permanency
or Post-Adoption Program Manager, or their designee, must authorize access to, use
of, or disclosure of adoption records, papers, and files by other Department employees.
(9) Adoption Assistance Records.
Records and information obtained or created by the Department for the purposes of
determining eligibility or making payment for adoption assistance are client records
and may only be accessed, used, and disclosed for purposes directly connected with
the administration of the adoption assistance program or child welfare laws in accordance
with OAR 413-010-0010 to 413-010-0075.
(10) Reporter of Abuse. The
identity of the person making a report of suspected child abuse, and any identifying
information about the reporting person, must be removed from the records or shielded
from view before records are viewed or copied. The name, address or other identifying
information may only be disclosed to a law enforcement officer or district attorney
in order to complete an investigation report of child abuse.
(11) Reports and Records
Compiled Pursuant to the Child Abuse Reporting Law.
(a) Each report of suspected
child abuse must be immediately reported to a law enforcement agency.
(b) The Department must assist
in the protection of a child who is believed to have been abused or neglected by
providing information as needed to:
(A) The juvenile court;
(B) The district attorney;
(C) Any law enforcement agency
or a child abuse registry in another state investigating a child abuse report;
(D) Members of a child protection
team or consultants involved in assessing whether or not abuse occurred and determining
appropriate treatment for the child and family;
(E) A physician who is examining
a child or providing care or treatment, and needs information about the child's
history of abuse; and
(F) A non-abusing parent,
foster parent, or other non-abusing person responsible for the care of the child.
(c) A report, record, or
findings of an assessment of child abuse may not be disclosed until the assessment
is completed, except for the reasons stated in paragraphs (e)(A) and (B) of this
section. An assessment will not be considered completed while either a protective
service assessment or a related criminal investigation is in process. The Department
determines when the protective service assessment is completed. The district attorney
determines when a criminal investigation is completed.
(d) Records or findings of
completed child abuse assessments must be released upon request to the following:
(A) Attorneys of record for
the child or child's parent or guardian in a juvenile court proceeding for use in
that proceeding; and
(B) A citizen review board
established by the Department or by a juvenile court to review the status of children
under the jurisdiction of the court for the purpose of completing a case review.
Before providing information to a citizen review board, the Department must assure
that the board has informed participants of their statutory responsibility to keep
the information confidential, and will maintain records in an official, confidential
file.
(e) Records or information
from records of abuse and neglect assessments may be disclosed to other interested
parties if the Department determines that disclosure to a person or organization
is necessary to:
(A) Administer child welfare
services and is in the best interests of the affected child. When disclosure is
made for the administration of child welfare services, the Department will release
only the information necessary to serve its purpose; and
(B) Prevent abuse and neglect,
assess reports of abuse or neglect, or protect children from further abuse or neglect.
(12) Juvenile Court Records
in Department Files.
(a) The Department may not
disclose records and information in its possession that are also contained in the
juvenile court's record of the case or supplemental confidential file, defined in
subsections (b) and (c) of this section, except as provided in ORS 419A.255 and
other federal and state confidentiality laws pertaining to client records.
(b) Record of the Case.
(A) The juvenile court's
"record of the case", as defined in ORS 419A.252, includes
but is not limited to the summons, the petition, papers in the nature of pleadings,
answers, motions, affidavits, and other papers filed with the court, orders and
judgments, including supporting documentation, exhibits and materials offered as
exhibits whether or not received in evidence, and other records listed in ORS 419A.252.
(B) The record of the case
is unavailable for public inspection, but is open to inspection and copying as provided
in ORS 419A.255.
(c) Supplemental Confidential
File.
(A) The juvenile court's
"supplemental confidential file", as defined in ORS 419A.252, includes
reports and other material relating to the child's history and prognosis, including
but not limited to reports filed under ORS 419B.440, that are not or do not become
part of the record of the case and are not offered or received as evidence in the
case.
(B) The supplemental confidential
file is unavailable for public inspection, but is open to inspection and copying
as provided in ORS 419A.255.
(C) The Department is entitled
to copies of material maintained in the supplemental confidential file and if such
material is obtained, the Department must ensure the confidentiality of that material
as provided in ORS 419A.255.
(d) Reports and other materials
relating to the child's history and prognosis in the record of the case or in the
supplemental confidential file are privileged and except at the request of the child,
are unavailable for public inspection but are open to inspection and copying as
provided in ORS 419A.255.
(e) When the Department inspects
or obtains copies of reports, materials, or documents pursuant to ORS 419A.255(4),
the Department may not use or disclose the reports, materials, or documents except
as provided in ORS 419A.255.
(13) Records Received from
the Oregon Youth Authority or the Juvenile Department. The Department must preserve
the confidentiality of reports and other materials it receives from the Oregon Youth
Authority or the juvenile department relating to the child, ward, youth or youth
offender's history and prognosis, as provided in ORS 419A.257.
Stat. Auth.: ORS 409.050, 418.005 &
418.340
Stats Implemented: ORS 109.319, 409.010,
409.194, 409.225, 418.005, 419A.102, ORS 419A.252, 419A.255, 419A.263, 419B.035, 432.420
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0045
Mandatory Disclosure
(1) The Department must disclose client
information if disclosure is required by ORS 419A.255 or 419B.035.
(2) Unless a client record
is exempt from disclosure under the Public Records Law, ORS 192.410 through 192.505,
the Department must disclose the client record in the circumstances described below:
(a) If the client is 18 years
or older or legally emancipated, the Department must disclose, upon request:
(A) The client's records
to the client if no court order prohibits the disclosure; or
(B) The client's records
to a third party if no court order prohibits the disclosure and the client has authorized
the Department in writing to disclose the records to the third party.
(b) Upon the request of a
child's parent or guardian, the Department must disclose a child's client records
to the parent or guardian if the child is receiving voluntary Department services.
(c) Upon the request of a
child's parent or guardian, the Department must disclose a child's client records
to the parent or guardian if the child is or has been in the Department's custody
unless:
(A) The child objects;
(B) Disclosure would be contrary
to the best interests of any child; or
(C) Disclosure could be harmful
to the person caring for the child, including, but not limited to, foster parents,
treatment providers and relatives other than the child's parent or guardian.
(d) The Department must disclose
a child's client record to the juvenile court in juvenile proceedings, including
tribal proceedings regarding the child;
(e) The Department must disclose
a child's client records to an attorney who identifies himself or herself as the
child's attorney if the juvenile court confirms that he or she is the attorney of
record in a juvenile proceeding.
(3) Information related to
the Department's activities and responsibilities in child abuse or neglect cases.
Upon request, the Director or the Director's designee must review the information
related to the Department's activities and responsibilities:
(a) When child abuse or neglect
causes the death or near death of a child or an adult is charged with a crime related
to child abuse or neglect; and
(b) Unless the information
is exempt from disclosure under other law, the Director or the Director's designee
must determine an appropriate time for disclosing the information and that determination
must depend on, among other things, the status of any child abuse or criminal investigations
and the privacy interests of the victims.
(4) Disclosure to Court Appointed
Special Advocate (CASA):
(a) Access to information.
Upon presentation of the order of appointment by the court, a CASA, without the
consent of the child or children or parents, may inspect and copy any records relating
to the child or children involved in the case held by the following entities:
(A) The Department, the state
courts, and any other agency, office or department of the state; and
(B) Hospital, school organization,
division, doctor, nurse or other health care provider, psychologist, psychiatrist,
police department or mental health clinic.
(b) All records and information
acquired or reviewed by a CASA during the course of official duties are confidential;
(c) When a CASA is also the
guardian ad litem pursuant to federal law, this rule governs the guardian ad litem's
access to information.
(5) If, in the professional
judgment of the caseworker, information about a child indicates that the child presents
a clear and immediate danger to another person or entity, the Department must disclose
the information to the appropriate authority and to the person or entity in danger.
The decision to release information in these circumstances will be made in consultation
with a supervisor.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS Ch.
192.410–192.505, 409.225, 419A.170 & 419B.035
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0055
Mandatory Disclosure if in the Child’s
Best Interest
(1) Unless client information is exempt
from disclosure under another provision of law, and if disclosure is in the child's
best interest, the Department will disclose client information records to the following
persons:
(a) Employees of the Department
of Human Services to the extent necessary to perform their official duties, determine
the child's or family's eligibility for services, or provide services to the child
or family;
(b) The Division of Child
Support of the Department of Justice, when information is needed in order to locate
children or absent parents, and to establish support for children in substitute
care; and
(c) Treatment providers,
foster parents, adoptive parents, school officials or other persons providing services
to the child or family to the extent that such disclosure is necessary to provide
services to the child or family. Such services include, but are not limited to,
those provided by foster parents, child care centers, private child caring agencies,
treatment centers, Indian social service or child welfare agencies, physicians and
other health care providers, mental health professionals, volunteers, student interns,
and child protection teams.
(2) Sensitive Review Committee.
(a) The Director of the Department
of Human Services (Director) may choose to convene, either on the Director's own
motion or upon a request of the President of the Senate or the Speaker of the House,
a sensitive review committee for the purpose of reviewing the actions of the Department,
in order to improve the quality of and strengthen child welfare practice in future
cases. If the Director convenes a committee at the request of the President or the
Speaker, then the Director must submit the final written report containing the findings,
conclusions, and recommendations of the committee to the President and the Speaker
no more than 180 days after receiving the request from the President or the Speaker.
(b) Unless client information
is exempt from disclosure under ORS Chapter 192 or another provision of law, and
if disclosure is in the child's best interest, the Director or the Director's designee
must direct disclosure of relevant client information to persons appointed to a
sensitive review committee convened by the Director.
(A) Any record disclosed
to the committee members must be kept confidential by the members of the committee
and must be used only for the purpose for which the record was disclosed.
(B) Any records disclosed
to the committee members must be returned to the Department upon completion of the
review.
Stat. Auth.: ORS 409.050, 409.194 &
418.005
Stats. Implemented: ORS 409.010,
409.194, 409.225 & 418.005
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 17-2010(Temp), f. & cert. ef. 7-19-10 thru 1-15-11; CWP
24-2010, f. & cert. ef. 12-29-10; CWP 18-2011, f. & cert. ef. 9-2-11; CWP
12-2013, f. 12-31-13, cert. ef. 1-1-14
413-010-0065
Discretionary Disclosure
(1) The Department may disclose client
information when disclosure is required or authorized by:
(a) ORS 491B.035 (governing
confidentiality of child abuse reports and records), set out in OAR 413-010-0035(11);
or
(b) ORS 419A.255 (governing
confidentiality of juvenile court records) set out in OAR 413-010-0035(12).
(2) The Department may disclose
client information for purposes directly connected with the administration of child
welfare laws including, but not limited to:
(a) Disclosure to employees
of the Secretary of State's Office, the Department of Administrative Services, the
Department of Health and Human Services, and the Department who require information
to complete audits, program reviews and quality control;
(b) Disclosure to law enforcement
officers and district attorneys' offices needing information for child abuse assessments,
criminal investigations, civil and criminal proceedings connected with administering
the agency's child welfare programs; and
(c) Disclosure to the public
if a child in the Department's legal custody has been abducted or is missing and
believed to be abducted, and is in danger of harm or a threat to the welfare of
others. The Department may disclose limited information to the extent necessary
to identify, locate, or apprehend the child, including the child's name, description,
and that the child may pose a threat to the public or himself or herself.
(3) The Department may disclose
general information including, but not limited to policy statements, statistical
reports or similar compilations of data which are not identified with an individual
child, family or other recipient of services, unless protected by other provisions
of law.
(4) Presumed Waiver of Protection
of ORS 409.225(1). The Department may disclose the information described in section
(5) of this rule if the Director or the Director's designee determines that all
of the following circumstances are present:
(a) An adult client is the
subject of client information made confidential by ORS 409.225(1);
(b) The Public Records Law
does not exempt the information from disclosure;
(c) The adult client has
publicly revealed or caused to be revealed any significant part of the confidential
information and thus is presumed to have voluntarily waived the confidentiality
protection of ORS 409.225(1);
(d) Disclosure is in the
best interest of the child; and
(e) Disclosure is necessary
to the administration of the child welfare laws.
(5) If disclosure is authorized
under section (4) of this rule, the Department may disclose information about the
person making or causing the public disclosure, not already disclosed, but related
to the information made public.
(6) Review of Department
records for research purposes. The Director or the Director's designee may authorize
a person or organization to review Department records for research purposes. The
Department may not approve the request until the researcher has agreed, in writing,
to maintain the confidentiality of individual clients, not to copy the Department
records, and not to include identifying information about any client in the report
or reports of the research.
(7) Investigation of Other
Crime:
(a) Except as authorized
by subsection (2)(b) of this rule, and ORS 409.225, Department employees may not
disclose to law enforcement client information obtained from client records, conversations
with clients or other sources if the employee or employees acquired the information
because a person is or has been a client of the Department;
(b) A manager or the manager's
designee may disclose to law enforcement a client's current address when:
(A) The law enforcement officer
provides the name and social security number of the client; and
(B) The officer satisfactorily
demonstrates that the client is a fugitive felon (as defined by the state), the
location or apprehension of such felon is within the law officer's official duties,
and the request is made in the proper exercise of those duties.
Stat. Auth.: ORS 418.005 & 419B.035
Stats. Implemented: ORS 409.225,
409B.230, 419A.225 & 419B.035
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0068
Disclosure of Information Exempt
Under the Public Records Law
Unless required by court order or specific
statute, the Department may not disclose information in a client file if the information
is exempt under the Public Records Law.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 192.410–192.505
& 418.005
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0075
Disclosure Procedures
(1) The manager or the manager's designee
must supervise access to records.
(2) The manager or manager's
designee must approve in writing the disclosure or redisclosure of client information
in the following circumstances:
(a) The Department currently
is the child's legal custodian or guardian or the Department was the child's legal
custodian or guardian when the Department authorized services;
(b) The Department currently
is serving the child pursuant to an Interstate Compact or other interstate agreement;
and
(c) The child is or was evaluated
or provided services in conjunction with the Department assessment following a protective
service report, regardless of the child's legal status at the time.
(3) The Department may require
a reasonable period of time to prepare a client's record for review at the branch
or disclosure by mail.
(4) The Department may require
that a person who seeks to review client records, review the records at an appointed
time.
(5) Except as provided in
OAR 413-010-0065(6), (access to records for research purposes), a person authorized
to review the Department record may copy the record.
(6) Any record disclosed
must be kept confidential by the person to whom the record is disclosed and must
be used only for the purpose for which disclosure was made.
(7) To redisclose lawfully,
the person must obtain, before the redisclosure, the written consent of the branch
manager or the branch manager's designee.
(8) All social service agencies,
courts, foster parents, service providers (including medical providers), or agents
of the Department providing services to the Department's client at the request of
the agency are subject to the Oregon statutes and the Department rules governing
disclosure of client information.
(9) The Department may not
permit a person authorized to review a particular client's file to review the complete
file if the file includes information about any other client. The Department must
permit review of the particular client's records.
(10) When copies of confidential
information are released, the material must be stamped: "Confidential not to be
redisclosed".
(11) When confidential records
and information are part of the record in an administrative hearing before the Department,
the Department and all participants in the hearing must take all reasonable measures
to maintain the confidentiality of the information.
Stat. Auth.: ORS 418.005 & 419B.035
Stats. Implemented: ORS 418.005
& 419A.255
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 18-2011, f. & cert. ef. 9-2-11; CWP 12-2013, f. 12-31-13,
cert. ef. 1-1-14

Rights of Children

413-010-0170
Purpose
The purpose of these rules, OAR 413-010-0170
to 413-010-0185, is to:
(1) Describe the rights and
protection each child and young adult in the legal custody of the Department is
entitled to receive from the Department; and
(2) Establish the Oregon
Foster Children's Bill of Rights, as provided in ORS 418.200 through 418.202.
Stat. Auth.: ORS 418.005, 418.202
Stats. Implemented: ORS 418.005,
418.201, 418.202, 419B.343
Hist.: SOSCF 6-1998, f. 2-10-98,
cert. ef. 2-15-98; CWP 14-2009, f. & cert. ef. 11-3-09; CWP 13-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0175
Definitions
Definitions for OAR 413-010-0170 to
413-010-0185 are in OAR 413-010-0000.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2009, f. &
cert. ef. 11-3-09; CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 13-2015, f. &
cert. ef. 8-4-15
413-010-0180
Rights of Children and Young Adults
(1) Every child and young adult in the
legal custody of the Department has rights, including but not limited to the right:
(a) To be placed in the least
restrictive environment that appropriately meets individual needs;
(b) To be provided basic
needs such as adequate food, clothing, and shelter;
(c) To receive appropriate
care, supervision, and discipline, and to be taught to act responsibly and respect
the rights of others;
(d) To be provided routine
and necessary medical, dental, and mental health care and treatment;
(e) To be provided with free
and appropriate public education;
(f) To be protected from
physical and sexual abuse, emotional abuse, neglect, and exploitation;
(g) To be provided services
designed for reunification with the parent or guardian except when there is clear
evidence that the parent or guardian may not protect the child's or young adult's
welfare;
(h) To be provided services
to develop a safe permanent alternative to the family, when family resources are
not available;
(i) To be accorded the least
restrictive legal status that is consistent with the need for protection, to have
the Department present its position on best interests to the court, and to attend
court hearings and speak directly to the judge;
(j) To receive respect, be
nurtured, and attend activities in accordance with his or her background, religious
heritage, race, and culture within reasonable guidelines as set by the case plan,
the visitation plan, and the court;
(k) To visit and communicate
with a parent or guardian, siblings, members of his or her family, and other significant
people within reasonable guidelines as set by the case plan, the visitation plan,
and the court;
(l) To be involved, in accordance
with his or her age and ability and with the law, in making major decisions that
affect his or her life, to participate in the development of his or her case plan,
permanency plan, and comprehensive transition plan and to discuss his or her views
about the plans with the judge;
(m) To receive encouragement
and be afforded reasonable opportunities to participate in extracurricular, cultural,
and personal enrichment activities consistent with his or her age and developmental
level; and
(n) To earn and keep his
or her own money and to receive guidance in managing resources to prepare him or
her for living independently.
(2) This section establishes
the Oregon Foster Children's Bill of Rights. In addition to the rights listed in
section (1) of this rule, every child and young adult in the legal custody of the
Department who is or was in substitute care has the following rights, as provided
in ORS 418.201:
(a) To have the ability to
make oral and written complaints about care, placement, or services that are unsatisfactory
or inappropriate, and to be provided with information about a formal process for
making complaints without fear of retaliation, harassment, or punishment.
(b) To be notified of, and
provided with transportation to, court hearings and reviews by local citizen review
boards pertaining to the child’s or young adult’s case when the matters
to be considered or decided upon at the hearings and reviews are appropriate for
the child or young adult, taking into account the age and developmental stage of
the child or young adult.
(c) To be provided with written
contact information of specific individuals whom the child or young adult may contact
regarding complaints, concerns, or violations of rights, that is updated as necessary
and kept current.
(d) When the child or young
adult is 14 years of age or older, to be provided with written information within
60 days of the date of any placement or any change in placement, regarding:
(A) How to establish a bank
account in the child’s or young adult’s name as allowed under state
law;
(B) How to acquire a driver
license as allowed under state law;
(C) How to remain in foster
care after reaching 18 years of age;
(D) The availability of a
tuition and fee waiver for a current or former foster child under ORS 351.293;
(E) How to obtain a copy
of the child’s or young adult’s credit report, if any;
(F) How to obtain medical,
dental, vision, mental health services, or other treatment, including services and
treatments available without parental consent under state law; and
(G) A transition toolkit,
including a comprehensive transition plan.
(e) With respect to a child’s
or young adult’s rights under the federal and state constitutions, laws, including
case law, rules, and regulations:
(A) To receive a document
setting forth such rights that is age and developmentally appropriate within 60
days of the date of any placement or any change in placement;
(B) To have a document setting
forth such rights that is age and developmentally appropriate posted at the residences
of all foster parents, child-caring agencies, and independent resident facilities;
and
(C) To have an annual review
of such rights that is age and developmentally appropriate while the child or young
adult is in substitute care.
(f) To be provided with current
and updated contact information for adults who are responsible for the care of the
child or young adult and who are involved in the child’s or young adult’s
case, including but not limited to caseworkers, caseworker supervisors, attorneys,
foster youth advocates and supporters, court appointed special advocates, local
citizen review boards, and employees of the Department that provide certification
of foster parents, child-caring agencies, and independent resident facilities.
(g) To have a hotline phone
number that is available to the child or young adult at all times for the purposes
of enabling the child or young adult to make complaints and assert grievances regarding
the child’s or young adult’s care, safety, or well-being.
(3) Children and young adults
in the legal custody of the Department may have other rights not specified in this
rule as appropriate to the child's or young adult's age and developmental stage.
Stat. Auth.: ORS 418.005 & 418.201
Stats. Implemented: ORS 418.005,
418.200, 418.201 & 418.202
Hist.: SOSCF 6-1998, f. 2-10-98,
cert. ef. 2-15-98; CWP 14-2009, f. & cert. ef. 11-3-09; CWP 13-2013, f. 12-31-13,
cert. ef. 1-1-14; CWP 1-2015, f. & cert. ef. 1-1-15
413-010-0185
Department Responsibilities
(1) The Department will develop information
and materials to be provided to children and young adults in the legal custody of
the Department who are or were in substitute care regarding their rights under OAR
413-010-0180(2). The Department will review and update the information and materials
periodically, and may develop other information and materials it determines will
be helpful in informing children and young adults about their rights and how to
assert and protect them.
(2) The Department will make
training available to caseworkers and other employees who will provide the information
and materials specified in section (1) to children and young adults, to ensure the
information and materials are provided in a manner that is timely and appropriate
to age and developmental stage.
(3) The Department will make
training available to caseworkers and other employees about the Department's obligations
under ORS 418.201, OAR 413-010-0180(2), and this rule, to ensure the obligations
are carried out in a manner that is timely and appropriate to age and developmental
stage.
(4) The Department will develop
information and materials and make training available to substitute caregivers regarding
their obligations to ensure the children and young adults in their care are informed
of their rights under OAR 413-010-0180(2) in a manner that is timely and appropriate
to age and developmental stage.
(5) The Department will develop
and publish a process for children and young adults in the legal custody of the
Department who are or were in substitute care to make complaints regarding their
care. The process will include a phone number that is available at all times.
Stat. Auth.: ORS 418.005 & 418.202
Stats. Implemented: ORS 418.005,
418.201 & 418.202
Hist.: CWP 13-2013, f. 12-31-13,
cert. ef. 1-1-14; CWP 1-2015, f. & cert. ef. 1-1-15

Protecting the Rights of Children

(Interrogations, Interviews and Polygraph Tests)

413-010-0200
Purpose
These rules establish guidelines for Child Welfare staff and agents to follow to assure that the rights are maintained.
Stat. Auth.: 418.005

Stats. Implemented: ORS 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
Policy
413-010-0210
Department Responsibilities
Department through staff, contracted providers of care and other agents, will assert and protect the rights of children in the legal custody of Department by fulfilling the following responsibilities:
(1) Developing and implementing service plans and agreements that address the needs, rights, and best interests of the child;
(2) Advocating for the child's rights when family members, community institutions (such as school/law enforcement), or Department administrative practices appear to encroach upon the child's rights;
(3) Arranging for a guardian ad litem or a court appointed special advocate to represent a child when Department cannot freely or objectively advocate for the child's rights.
Stat. Auth.: 418.005

Stats. Implemented: ORS 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0220
Interrogation/Polygraph
When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination for a child suspected of violating the law or having knowledge of a law violation, Child Welfare staff and/or the child's physical custodian will:
(1) Assure the officer has proper identification.
(2) Determine if the officer has a warrant. If there is a warrant, Child Welfare will assist the LEA officer insofar as such assistance does not infringe upon the child's right to remain silent and to have legal representation present.
(3) Advise the officer that no mechanical or electronic recording may be made of the interview.
(4) If the LEA does not have a warrant, make sure:
(a) The child's legal guardian consents to the interrogation and/or polygraph (see I-B.1.4, Responsibility of Staff to Secure a Legal Consent);
(b) The child's attorney, a staff person or the child's custodian is present during the interview, and ensures that the interview is terminated if there is any indication of improper conduct on the part of the interrogator.
Stat. Auth.: 418.005

Stats. Implemented: ORS 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0230
Attorney Interview
When an attorney asks to interview a child, the following shall apply:
(1) An attorney of record representing the child may interview the child privately. However, if the attorney or the child requests, a Child Welfare staff member shall be present during the interview.
(2) An adversarial attorney shall not be permitted to interview a child unless the child's legal guardian consents to the interview and the child's own attorney is also present.
Stat. Auth.: 418.005

Stats. Implemented: ORS 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0240
Other Interviews
When a request to interview a child is received from representatives of the Social Security Administration, Veteran's Administration, Department of Revenue, insurance representatives, etc., staff and/or custodians will:
(1) Ensure that the requestor has proper identification;
(2) Determine if the interview is related to pending litigation or the child may be a party to or a witness to an incident related to a litigation;
(3) Determine whether or not the child should have legal counsel during the interview;
(4) Set the time and place of the interview;
(5) Inform the interviewers that no mechanical or electronic recording will be made of the interviews.
Stat. Auth.: HB 2004

Stats. Implemented: ORS 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Rights of Relatives

413-010-0300
Purpose
The Department recognizes the importance
of preserving the family ties and relationships of a child or young adult who is
placed in the legal custody of the Department. These rules, OAR 413-010-0300 to
413-010-0340, describe the rights of relatives and the responsibilities of the Department
regarding involvement of a child or young adult's relatives in a child welfare case.
Stat. Auth.: ORS 109.119, 418.005
Stats. Implemented: ORS 109.119,
418.005
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0310
Definition
Definitions for OAR 413-010-0300 to
413-010-0340 are in OAR 413-010-0000.
Stat. Auth.: ORS 109.119, 418.005, 419A.004
Stats. Implemented: ORS 109.119,
418.005, 419A.004
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13,
cert. ef. 1-1-14; CWP 11-2014, f. & cert. ef. 6-3-14; CWP 16-2014(Temp), f.
& cert. ef. 8-4-14 thru 1-31-15; CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15; CWP
11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15; CWP 13-2015, f. & cert.
ef. 8-4-15
413-010-0320
Relative Involvement in Case Planning
and Court Hearings
(1) The Department may involve a relative
as a safety service provider after the assessment that determines the individual
is a safe and appropriate resource for involvement in managing a child's safety
as required under Child Welfare Policy I-AB.7, "Assessment of an Individual as a
Safety Service Provider", OAR 413-015-1200 to 413-015-1230.
(2) The Department must consider
a family decision-making meeting as described in ORS 417.365 and when the family
decision-making meeting is held, the Department may include any family member as
defined in ORS 417.371(4)(a) or relative in this meeting under Child Welfare Policy
I-B.3.1, "Developing and Managing the Case Plan", OAR 413-040-0008.
(3) The Department must provide
notice of a court hearing to:
(a) A relative who is currently
providing substitute care for a child in the legal custody of the Department pursuant
to juvenile court jurisdiction as set forth in ORS 419B.875(6); and
(b) A grandparent of a child
or young adult in the Department's custody, as required by ORS 419B.875(7).
For purposes of this subsection, "grandparent" means the legal parent of the child
or young adult's legal parent, as defined in ORS 109.119.
(4) A relative who expresses
to the Department an interest in a child has a right to provide information about
the child's background and to provide input on the safety, attachment, and permanency
needs of the child.
(5) Unless an exception to
contact is provided by the child welfare program manager or designee under Child
Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0072(1)
or an order of a court, under 42 USC 671(a)(29) the Department must provide notice,
within 30 calendar days after the removal of a child from the custody of the parent
or parents of the child, to all grandparents and other adult relatives of the child
known to the Department, that complies with all of the following subsections:
(a) Specifies that the child
has been or is being removed from the custody of the parent or parents of the child;
(b) Explains options under
federal and state law to participate in the care and placement of the child;
(c) Describes the requirements
the individual must meet to become a relative caregiver and the services and supports
available for a child placed with a relative caregiver under federal and state law;
and
(d) Describes the eligibility
criteria for and availability of Guardianship Assistance benefits when all Guardianship
Assistance eligibility criteria are met under Child Welfare Policy I-E.3.6.2, "Guardianship
Assistance", OAR 413-070-0900 to 413-070-0974.
(6) An exception to contact
by the Child Welfare program manager or designee under Child Welfare Policy I-E.1.1,
"Search for and Engagement of Relatives", OAR 413-070-0072(1) does not relieve the
Department of its obligation to provide notice of court hearings to grandparents
under subsection (3)(b) of this rule.
Stat. Auth.: ORS 109.119 - 109.123,
417.365, 417.371, 418.005, 419B.875
Stats. Implemented: ORS 109.119-109.123,
417.365, 417.371, 418.005, 419B.875
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0330
Communication and Visitation
A relative has the right to communicate
and visit with a child or young adult in the Department's legal custody when such
communication or contact is set forth in:
(1) The child or young adult's
visitation plan developed under Child Welfare Policy I-E.3.5, "Visits and Other
Types of Child and Family Contact", OAR 413-070-0800 to 413-070-0880;
(2) The opportunities for
ongoing connection and support developed under Child Welfare Policy I-E.1.1, "Search
for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087 and approved
by the caseworker; or
(3) An order of a court.
Stat. Auth.: ORS 109.119, 418.005
Stats. Implemented: ORS 109.119,
418.005
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13,
cert. ef. 1-1-14
413-010-0340
Department Responsibility to Make
Diligent Efforts to Place a Child or Young Adult with Relatives
The Department must:
(1) Make diligent efforts
to place a child or young adult in substitute care with a relative or person who
has a caregiver relationship, as defined in ORS 419B.116, to the child pursuant
to 419B.192(1).
(2) Make diligent efforts
to place a child or young adult in substitute care with his or her siblings so long
as placement with the siblings is in the best interests of the child or young adult
and the child or young adult's siblings pursuant to ORS 419B.192(2).
(3) In making the diligent
efforts described in sections (1) and (2) of this rule, the Department must consider
the factors set forth in ORS 419B.192(3) and follow the assessment process described
in Child Welfare Policies I-E.1.1, "Search for and Engagement of Relatives", OAR
413-070-0060 to 413-070-0087 and II-B.1.1, "Responsibilities for Certification and
Supervision of Foster Parents, Relative Caregivers and Approval of Potential Adoptive
Resources", OAR 413-200-0270 to 413-200-0296.
Stat. Auth.: ORS 109.119, 418.005, 419B.116,
419B.192
Stats. Implemented: ORS 109.119,
418.005, 419B.116, 419B.192
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13,
cert. ef. 1-1-14


Complaint Review

413-010-0400
Purpose
These rules (OAR 413-010-0400 to 413-010-0480) prescribe the standards and procedures for reviewing and resolving complaints about Child Welfare.
Stat. Auth.: ORS 409.194, 418.005

Stats. Implemented: ORS 409.192, 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
413-010-0410
Definitions
Definitions for OAR 413-010-0400 to
413-010-0480 are in OAR 413-010-0000.
Stat. Auth.: ORS 409.194, 418.005
Stats. Implemented: ORS 409.192,
418.005
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 21-2007, f.
11-30-07, cert. ef. 12-1-07; CWP 13-2015, f. & cert. ef. 8-4-15
413-010-0420
Right to Review
(1) An individual may receive a review of any action or decision of Child Welfare.
(2) In addition to the review provided under section (1) of this rule, a contract provider (defined in OAR 413-010-0000) may receive a review of any action or decision of Child Welfare that violates a condition or term of the contract or agreement.
(3) When a client or family member of a client notifies the Department that the client or family member has a complaint, the client or family member will be assisted in setting a meeting with a caseworker and the caseworker's supervisor (see DHS Form 0170, section about Resolving Complaints Informally).
(4) An individual or contract provider may file a written complaint or report of discrimination by completing DHS Form 0170. The complaint or report of discrimination may be sent to the Governor's Advocacy Office, 500 Summer Street NE, Salem, or submitted as provided on DHS Form 0170.
(a) When an individual or contract provider submits a written customer service complaint (defined in OAR 407-005-0105), Child Welfare will follow the procedures set out in 407-005-0100 to 407-005-0120.
(b) When a client submits a report of discrimination arising from his or her disability, the formal complaint review must comply with OAR 407-005-0030.
(c) When a client with a disability requests a reasonable modification (see OAR 407-005-0025) or requests auxiliary aids, auxiliary services, or alternative format communication (see 407-005-0005 and 407-005-0010), the initial decision must comply with 407-005-0000 to 407-005-0030 and Department Policy DHS-010-0005, "Non Discrimination on the Basis of Disability for Programs, Services and Activities."
(d) When an individual or contract provider submits a written complaint, which does not fall within subsections (a) to (c) of this section, Child Welfare will follow the procedures set out in Department Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination".
(5) No individual or contract provider shall be subjected to a reprisal for seeking review of a complaint.
(6) The complaint review shall be administered in a manner that protects the confidentiality of client records to the extent prescribed by OAR 413-010-0010 to 413-010-0075.
(7) If an individual or contract provider or any agent of the individual or contract provider chooses to disclose his or her version of case information to the media or community members who would otherwise not be involved, the local Child Welfare program manager must consult Administrative Procedure DHS-120-003-01, "Sensitive Issues" and may, as allowed by OAR 413-010-0010 to 413-010-0075, disclose information from the case record that is not third-party information to respond to the statements of the individual or contract provider by providing the Department's understanding of the facts.
(a) Third-party information includes but is not limited to psychological and psychiatric evaluations, police reports, references, alcohol and drug evaluations or reports, and reports from mental health professionals.
(b) Third-party information may be disclosed only if the individual or contract provider has signed a release of information, and the third-party that provided the confidential information has approved the disclosure.
(8) At any time, the parties may agree to resolve the complaint through an alternative dispute resolution procedure.
Stat. Auth.: ORS 409.194, 418.005

Stats. Implemented: ORS 409.192, 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
413-010-0430
Grievances Not Subject to These Rules
(1) Except as provided in section (2) of this rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these rules (413-010-0400 to 413-010-0480) are not required in each of the following situations:
(a) The individual or contract provider has requested a contested case hearing.
(b) The matter, which would be the subject of the complaint review, is presently the subject of a juvenile court proceeding.
(c) The individual or contract provider has initiated court action.
(d) The subject matter of the complaint has been reviewed by a judge.
(e) A term or condition in a contract provider's contract or agreement provides for a different process.
(f) The complainant has requested review of a Child Protective Services (CPS) disposition, under OAR 413-010-0700 to 413-010-0750 (Review of Founded Dispositions), that is the subject matter of the complaint.
(g) The complainant has requested review of an Adoption Committee Decision, under OAR 413-120-0060 (Review of Adoption Committee Decision), that is the subject matter of the complaint.
(2) A complaint about a "reasonable modification" (see OAR 407-005-0005(10)) or a report of discrimination arising from the disability of a client (see 407-005-0005(6)) is handled as described in these rules, in 407-005-0025 and 407-005-0030, and in Department Policy DHS-010-0005, "Non-Discrimination on the Basis of Disability for Programs, Services and Activities."
Stat. Auth.: ORS 409.194, 418.005

Stats. Implemented: ORS 409.192, 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
413-010-0440
Informal Complaint Review
(1) A client, family member of a client, or contract provider may request an informal complaint review if no written complaint is submitted and the client, family member, or contract provider informs the caseworker or the caseworker's supervisor of the request.
(2) Within one week of the caseworker or caseworker's supervisor receiving the request for an informal complaint review, the client, family member, or contract provider will be contacted to schedule a meeting at an agreed-upon time involving the caseworker, the supervisor, and the client, family member, or contract provider. The focus will be defining the problem, identifying the desired outcome, and establishing a plan for resolution. Every effort will be made to resolve the complaint through this informal discussion. In some local Department offices, the supervisor and the program manager may be the same individual.
(3) If the matter has not been resolved and the program manager did not participate in the informal complaint review, the program manager shall participate in an additional discussion with the client or contract provider to attempt to resolve it. This discussion will be scheduled as soon as possible at a mutually agreed-upon time.
(4) If the client, family member, or contract provider remains dissatisfied following discussion with the program manager, the program manager will give the client or contract provider a written decision regarding the subject of the complaint within five working days. If OAR 413-010-0430 does not make the matter ineligible for review, the written decision shall include information about the steps necessary to file a written complaint or report of discrimination (Form DHS 0170 and Department Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination").
Stat. Auth.: ORS 409.194, 418.005

Stats. Implemented: ORS 409.192, 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
413-010-0480
Judicial Review
These rules (OAR 413-010-0400 to 413-010-0480) do not create a contested case, as defined by ORS 183.310, subject to judicial review under 183.482.
Stat. Auth.: ORS 409.194, 418.005

Stats. Implemented: ORS 409.192, 418.005

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
Contested Case Hearings
413-010-0500
Purpose, Right to Request Hearing, Applicable
Rules, and Computation of Time
(1) The purpose of these rules (OAR 413-010-0500
to 413-010-0535) is to:
(a) State the rights of individuals
and entities to request a contested case hearing when the Department takes certain
actions; and
(b) Set forth rules governing
some aspects of the contested case hearings process.
(2) The individuals and entities
described below have the right to request a contested case hearing under ORS Chapter
183. In order to exercise the right to a hearing, the individual or entity must
submit and the Department must receive a hearing request which complies with OAR
413-010-0505 within the timeframes described in that rule.
(a) A child or young adult placed
in substitute care by the Department may request a hearing in the manner set forth
in OAR 413-010-0505 when the Department issues a notice and decision that includes
a statement of hearing rights that:
(A) Reduces or terminates the
base rate payment;
(B) Determines, denies, reduces
or terminates a level of care payment;
(C) Determines, denies, reduces
or terminates a level of personal care payment;
(D) Denies eligibility under
Title IV-E of the Social Security Act when such denial impacts a benefit;
(E) Denies, reduces or terminates
the base rate payment made on behalf of the child’s or young adult’s
minor child when the minor child:
(i) Lives with the child or
young adult in substitute care; and
(ii) Is not in the legal custody
of the Department; or
(F) Denies eligibility for medical
assistance under Child Welfare Policy I-E.6.2, “Title XIX and General Assistance
Medical Eligibility,” (OAR 413-100-0400 through 413-100-0610) when such denial
impacts assistance.
(G) Denies prior authorization
for the BRS Program under Child Welfare Policy I-E.5.1.1.1, “Behavior Rehabilitation
Services Program,” (OAR 413-090-0075(2)(b)).
(b) Unless an adoption assistance
agreement automatically expires, a pre-adoptive family or an adoptive family applying
for or receiving adoption assistance under Child Welfare Policy I-G.3.1, “Adoption
Assistance,” (OAR 413-130-0000 to 413-130-0130) may request a hearing in the
manner set forth in OAR 413-010-0505 when the Department issues a notice and decision
that includes a statement of hearing rights and:
(A) Denies Title IV-E adoption
assistance benefits;
(B) Denies adoption assistance
from state funds;
(C) Reduces adoption assistance
payments or terminates adoption assistance without the concurrence of the adoptive
family;
(D) Reduces adoption assistance
payments or terminates adoption assistance for a reason other than a child turning
age 18 or a young adult turning age 21 when an extension has been granted; or
(E) Offers the family a specific
amount or type of adoption assistance when the Department and the adoptive family
or pre-adoptive family are unable to reach agreement through a negotiation or renegotiation
under OAR 413-130-0070 or 413-130-0075.
(c) Unless a guardianship assistance
agreement automatically expires, a potential guardian or a guardian applying for
or receiving guardianship assistance payments under Child Welfare Policy I-E.3.6.2,
“Guardianship Assistance,” (OAR 413-070-0900 to 413-070-0974) in the
manner set forth in OAR 413-010-0505 when the Department issues a notice and decision
that includes a statement of hearing rights and:
(A) Denies Title IV-E guardianship
assistance benefits;
(B) Terminates, reduces, or
otherwise changes guardianship assistance payments without the concurrence of the
guardian;
(C) Terminates guardianship
assistance for a reason other than a child turning age 18 or a young adult turning
age 21 when an extension has been granted; or
(D) Offers the family a specific
amount or type of guardianship assistance when the Department and the guardian or
potential guardian are unable to reach agreement through a negotiation or renegotiation
under OAR 413-070-0917, 413-070-0939, or 413-070-0969.
(d) An applicant for a Certificate
of Approval or a certified family may request a hearing in the manner set forth
in OAR 413-010-0505 when the Department denies the application or revokes a certificate
under Child Welfare Policy II-B.1, “Standards for Certification of Foster
Parents, Relative Caregivers, and Approval of Potential Adoptive Resources,”
(OAR 413-200-0301 to 413-200-0396);
(e) An applicant for a license
to operate a private child-caring agency or a licensee may request a hearing in
the manner set forth in OAR 413-010-0505 when the Department denies, suspends, or
revokes a license or imposes a civil penalty under Child Welfare Policy II-C.1,
“Licensing Umbrella Rules,” (OAR 413-215-0000 to 413-215-0131);
(f) An organization or school
that operates a residential care program for children and is not also a private
child-caring agency may request a hearing in the manner set forth in OAR 413-010-0505
when the Department orders the organization or school to alter the conditions under
which a child lives or receives schooling or denies, suspends or revokes a license
under Child Welfare Policy II-C.1, “Licensing Umbrella Rules,” (OAR
413-215-0000 to 413-215-0131);
(g) An applicant to adopt or
an applicant for a Certificate of Approval may request a hearing in the manner set
forth in OAR 413-010-0505 when the Department determines that the applicant is unfit
based on the criminal offender information or a false statement regarding criminal
offender information of the applicant or of another individual in the household
of the applicant under Child Welfare Policy I-G.1.4, “Criminal Records Check
Requirements for Relative Caregivers, Foster Parents, Adoptive Resources, and Other
Persons in the Household,” (OAR 413-120-0400 to OAR 413-120-0475).
(3) A person may request a hearing
in the manner set forth in OAR 413-010-0505 when that person has the right to a
contested case hearing under a statute concerning Child Welfare Programs or a rule
in Chapter 413.
(4) These rules (OAR 413-010-0500
to 413-010-0535), apply to contested cases arising from the properly made hearings
requests described in sections (2) and (3) of this rule. The following other rules
do or do not apply as noted:
(a) OAR 137-003-0501 to 137-003-0700
apply to these contested cases, except to the extent that rules in Chapter 413 are
permitted to and provide otherwise.
(b) Rules in Chapter 461 do
not apply to these contested cases unless a rule in Chapter 413 expressly refers
to them.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411
- 183.685, 411.095 & 418.005
Hist.: SOSCF 32-2001, f.
6-29-01 cert. ef. 7-1-01; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09;
CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 20-2009, f. &
cert. ef. 12-29-09; CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11;
CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11; CWP 6-2012, f. & cert. ef. 9-7-12;
CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14
413-010-0501
Definitions
Definitions for OAR 413-010-0500 to
413-010-0535 are in OAR 413-010-0000.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005
Hist.: CWP 8-2011(Temp),
f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11;
CWP 13-2015, f. & cert. ef. 8-4-15
413-010-0502
Representation
(1) When a child or young adult
has the right to a hearing because the Department takes an action under OAR 413-010-0500(2)(a),
the foster parent or relative caregiver may:
(a) Request a hearing on behalf
of the child or young adult; and
(b) Participate in the hearing
as a representative on behalf of the child or young adult.
(2) When the Department takes
an action to deny, reduce, or terminate a benefit or service that is provided under
Title IV-E or Title XIX of the Social Security Act, a party may be represented by
an attorney, a relative, a friend, or other spokesperson as authorized by federal
law.
(3) In all other cases, a party
may represent themselves or be represented by an attorney.
(4) The Department, with the
consent of the Attorney General, has authorized its employees to represent the Department
in cases involving the actions described in OAR 413-010-0500(2)(a).
(5) A Department employee acting
as the Department's representative may not make legal argument on behalf of the
Department.
(a) "Legal argument" includes
argument on:
(A) The jurisdiction of the
Department to hear the contested case;
(B) The constitutionality of
a statute or administrative rule or the application of a constitutional requirement
to the Department; and
(C) The application of court
precedent to the facts of the particular contested case proceeding.
(b) "Legal argument" does not
include presentation of a motion, evidence, examination and cross-examination of
a witness, or presentation of a factual argument or arguments on:
(A) The application of a statute
or administrative rule to the facts in the contested case;
(B) Comparison of a prior Department action when handling
a similar situation;
(C) The literal meaning of a statute or
administrative rule directly applicable to an issue in the contested case;
(D) The admissibility of evidence;
and
(E) The correctness of a procedure
being followed in the contested case hearing.
(6) The Department may be represented
in any contested case proceeding by the Department of Justice.
(7) Contested cases under these
rules are not open to the public and are closed to nonparticipants, except nonparticipants
may attend subject to the consent of each party and the Department.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 8-2011(Temp), f.
& cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
413-010-0505
Hearing Requests
(1) To request a hearing under
OAR 413-010-0500(2)(a):
(a) The party or the party's
representative must complete and sign a hearing request form approved by the Department:
and
(b) The form must be received
by the Department not later than 30 days following the mailing date or date of personal
delivery of the notice.
(2) Requests for a hearing under
OAR 413-010-0500(2)(b)–(g) must be in writing and must be received by the
Department by the date specified in the Department's notice.
(3) In the event a request for
a hearing is not timely, OAR 137-003-0528 applies, except to the extent provided
otherwise in section (5) of this rule.
(4) If a contested case notice
was sent by regular mail, and the party or party's representative indicates that
neither the party nor the party's representative received or had actual knowledge
of the contested case notice, the Department must advise the party or party's representative
of the right to request a hearing under section (5) of this rule.
(5) When the Department receives
a hearing request that is not filed within the timeframe required by section (1)
or section (2) of this rule but is filed no later than 60 days after a notice becomes
a final order under OAR 413-010-0510(3):
(a) If the Department finds
that the party and party's representative did not receive the written notice and
did not have actual knowledge of the notice, the Department refers the request for
a hearing to the Office of Administrative Hearings (OAH) for a contested case hearing
on the merits of the Department's action described in the notice.
(b) The Department may refer
the request for a hearing to the OAH for a contested case proceeding to determine
whether the party or party's representative received the written notice or had actual
knowledge of the notice. At the hearing, the Department must show that the party
or party's representative had actual knowledge of the notice or that the Department
mailed the notice to the correct address of the party or party's representative.
(6) Upon receipt of a hearing
request that is not described in OAR 413-010-0500(2), the Department may enter an
order that the hearing request is not eligible for referral to OAH. Alternately,
the Department may refer a hearing request to OAH for a decision on the question
of whether there is a right to a contested case hearing.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095 & 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09
thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09; CWP 8-2011(Temp), f. &
cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
413-010-0510
Notice
(1) When the Department takes
any of the actions described in OAR 413-010-0500(2), the Department issues a written
notice to the person that has the right to a contested case hearing.
(2) When the Department takes
any of the actions described in OAR 413-010-0500(2)(a)–(c), the written notice must:
(a) Specify the date the notice
is mailed or personally delivered;
(b) Specify the action the Department
intends to take and the effective date of the action. If benefits are reduced or
closed to reflect cost-of-living adjustments in benefits or other mass change under
a program operated by a federal agency or to reflect a mass change to payments in
another program operated by the Department, it is sufficient to meet this requirement
that the notice state all of the following:
(A) The general nature of the
change.
(B) Examples of how the change
affects the benefits of the group of affected clients.
(C) The month in which the change
will take place.
(c) Specify the circumstances
under which payments or benefits are continued if a hearing is requested and whether
continued payments or benefits may be subject to recovery by the Department if the
Department's action is upheld; and
(d) If the Department intends
to terminate benefits or payments because the individual is ineligible for the benefits
or payments or the program is terminated, state that the individual may reapply
for assistance if circumstances affecting the eligibility of the individual change.
(3) Department notices indicate
that the Department designates the record of the proceeding, including information
in the Department's file or files and materials added by a party, as the record
upon default. The Department's notice becomes a final order --
(a) The day after the date prescribed
in the notice as the deadline for requesting the hearing if the party fails to request
a hearing; or
(b) The day the Department or
OAH mails an order dismissing the hearing request because the party withdraws the
request or fails to appear on the date and at the time set for the hearing.
(4) When the Department terminates
or reduces benefits or services under subsections (2)(a) through (2)(c) of OAR 413-010-0500,
the Department must send the notice:
(a) At least 10 calendar days
before the effective date of the action, except as provided in subsection (b) of
this section.
(b) When the Department changes
a benefit standard that results in the reduction, suspension or closure of a grant
of public assistance:
(A) At least 30 days before
the effective date of the action; or
(B) At least 10 working days
before the effective date of the action when the Department has fewer than 60 days
before the effective date to implement the proposed change.
(c) For purposes of this rule,
the term "changes a benefit standard" means a change to the applicable inflation-adjusted
contribution, income, or payment standard. It does not include the annual adjustment
to a standard based on a federal or state inflation rate.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09;
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11,
cert. ef. 11-4-11
413-010-0515
Continuation
of Benefits
(1) Except as otherwise provided
in this rule, a recipient of benefits is entitled to receive continuing benefits
when the Department takes any action to suspend, reduce, or terminate benefits or
services as described in subsections (2)(a)(A)–(F), (2)(b), or (2)(c) of OAR
413-010-0500, and the Department has:
(a) Provided at least 10 days
notice of such action as required by OAR 413-010-0510;
(b) Received a request for a
hearing from the recipient not later than 30 days following the mailing date or
date of personal delivery of the notice, whichever is earlier; and
(c) Received such request prior
to the effective date of the action.
(2)
Any continuing benefits authorized by this rule are subject to recovery by the Department
to the extent that the Department's action is sustained or otherwise upheld.
(3) Continuing benefits may not be provided:
(a) When the recipient specifically
requests that he or she not receive continued assistance pending a hearing decision;
(b) After a final order is issued
by the Department;
(c) After a change affecting
the recipient's grant, as described in subsections (2)(a)(A), (B), (D), and (E),
(2)(b) or (2)(c) of OAR 413-010-0500, occurs while the hearing decision is pending
and the recipient fails to request a hearing after notice of the change; or
(d) After a determination is
made at a hearing that the sole issue is one of state or federal law or policy or
change in state or federal law and not one of incorrect grant computation.
(4) Except as otherwise provided
in this rule, if the Department provides less than 10 days notice of an action to
suspend, reduce, or terminate benefits or services as described in subsections (2)(a)(A),
(B), (D), and (E), (2)(b) or (2)(c) of OAR 413-010-0500, a recipient of benefits
is entitled to receive continuing benefits if the Department:
(a) Receives a request for a
hearing from the recipient within 10 days of the mailing of the notice of the action;
and
(b) Determines that the action
resulted from other than the application of federal or state law or policy or a
change in state or federal law.
(5) Except as otherwise provided
in this rule, if the Department provides less than 10 days notice of an action to
suspend, reduce, or terminate benefits or services as described in subsection (2)(a)(C)
or (F) of OAR 413-010-0500, or 5 days notice in cases of probable fraud as described
in 42 CFR 431.214, a recipient of benefits is entitled to receive continuing benefits
if the Department:
(a) Receives a request for a
hearing from the recipient within 10 days of the mailing of the notice of the action;
and
(b) Determines that the action
resulted from other than the application of federal or state law or policy.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09
thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09; CWP 8-2011(Temp), f. &
cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11
413-010-0520
Informal Conference
(1) The Department representative
and the party or party's representative may have an informal conference to discuss
any of the matters listed in OAR 137-003-0575(4). The informal conference also may
be used to:
(a) Provide an opportunity for
the Department and the party to settle the matter;
(b) Ensure the party understands
the reason for the action that is the subject of the hearing request;
(c) Give the party an opportunity
to review the documents that are the basis for that action;
(d) Give the party an opportunity
to review the rules that support the Department's action;
(e) Give the party and the Department
the chance to correct any misunderstanding of the facts; and
(f) Give the Department an opportunity
to review its action.
(2) The party may, at any time
prior to the hearing date, request an additional informal conference with the Department
representative.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09;
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11,
cert. ef. 11-4-11
413-010-0525
Burden of Proof
In any contested case covered
by these rules (OAR 413-010-0500 to 413-010-0535), the party has the burden of proof.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09;
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11,
cert. ef. 11-4-11
413-010-0530
Withdrawals
and Dismissals
(1) Withdrawals.
(a) A party or party's representative
may withdraw a request for a hearing orally or in writing at any time before a final
order has been issued on the contested case.
(b) Following a withdrawal under
subsection (a) of this section, the Department or OAH sends an order dismissing
the hearing request to the party's last known address. The party may cancel the
withdrawal if a request to cancel the withdrawal is received by the Department representative
up to the tenth work day following the date such an order is sent. If the party
withdrew the hearing request in writing, the Department must receive a timely written
request to cancel the withdrawal.
(c) The Department may withdraw
any pending referral from OAH at any time before a final order is served when:
(A) The Department provides
to the party the relief sought; or
(B) The Department and the party
reach an agreement under ORS 183.417(3).
(2) Dismissals. An order dismissing
a hearing request is issued when the party or the party's representative does not
appear at the time and place specified for the hearing.
(a) The dismissal by order is
effective on the date the order is issued.
(b) The Department may reconsider
and cancel the dismissal under OAR 137-003-0675 on request of the party on a timely
showing that the party was unable to attend the hearing and unable to request a
postponement for reasons beyond party's reasonable control. The Department may refer
the reconsideration decision to OAH.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09;
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11,
cert. ef. 11-4-11
413-010-0535
Proposed and Final Orders
(1) When the Department refers
a contested case under these rules (OAR 413-010-0500 to 413-010-0535) to OAH, the
Department indicates on the referral whether the Department is authorizing:
(a) A proposed order;
(b) A proposed and final order
(OAR 137-003-0645(4); or
(c) A final order.
(2) During or after a contested
case hearing, when it is determined that the correct application of OAR 413-020-0230,
413-090-0133, or 413-090-0150 requires the consideration of facts that differ from
the facts on which the Department made a decision to deny, reduce, or terminate
either a level of care payment or a level of personal care payment, the Department
will reapply 413-020-0230, 413-090-0133, or 413-090-0150 based on new or different
facts.
(3) When the Department authorizes
either a proposed order or a proposed and final order:
(a) The party may file written
exceptions and written argument to be considered by the Assistant Director for Children,
Adults, and Families Division or the Assistant Director's designee. The exceptions
and argument must be received at the location indicated in the order not later than
the tenth day after service of the proposed order or proposed and final order.
(b) If the party does not submit
timely exceptions or argument following a proposed and final order, the proposed
and final order becomes a final order
on the eleventh day after service of the proposed and final order unless the Department
has issued a revised order or has notified the parties and the administrative law
judge that the Department will issue the final order.
(c) When the Department receives timely
exceptions or argument, the Department issues the final order, unless the Department
requests that OAH issue the final order under OAR 137-003-0655.
(4) A request by a party for
reconsideration or rehearing must be filed with the person who signed the final
order within the time limits of OAR 137-003-0675.
(5) A final order should be
issued or the case otherwise resolved no later than 90 days following the receipt
of the request for a hearing.
(6) A final order is effective
immediately upon being signed or as otherwise provided in the order.
(7) The Department reserves
the right to withdraw or amend any final order issued by OAH or the Department at
any time permitted by law.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411
- 183.685, 411.095, 418.005

Hist.: CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09;
CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11,
cert. ef. 11-4-11

Notice and Review of CPS Founded Dispositions

413-010-0700
Purpose
(1) The purpose of these rules
(OAR 413-010-0700 to 413-010-0750) is to establish procedures for ensuring the rights
of individuals to receive notice and the opportunity to request a review when a
Child Protective Services (CPS) assessment results in a CPS founded disposition.
(2) The Federal Child Abuse
Prevention and Treatment Act (CAPTA) requires child protective service agencies
to provide notice to individuals identified as responsible for child abuse or neglect
and to provide individuals with an opportunity to request and have a review of the
disposition.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0705
Definitions
Definitions for OAR 413-010-0700 to
413-010-0750 are in OAR 413-010-0000.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 18-2000, f.
& cert. ef. 8-4-00; SOSCF 9-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 1-2003,
f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 2-2005,
f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru
4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12; CWP 13-2015, f. & cert. ef. 8-4-15
413-010-0710
Required Forms
Several Department forms are
referred to by form number in these rules. The forms are available at the Department's
website. When use of a form is required by these rules, the current version of the
form must be used.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: CWP 2-2005, f. &
cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12;
CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0714
Department Employee — Application of Department Employee Policies
When the perpetrator is a Department
employee, the Department will follow the Department employee policies (see Child
Welfare Policy III-E.4.8.12, "Review of Founded CPS Disposition for Child Welfare
Employees").
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0715
Providing Notice of a
CPS Founded Disposition
(1) The local Child Welfare
office must deliver a "Notice of a CPS Founded Disposition" (Form CF 313 or CF 319
as appropriate) to the person identified as the perpetrator in the CPS founded disposition,
except as provided in section (2) of this rule. If the perpetrator is a juvenile,
notice must be provided as required by OAR 413-010-0716. If the perpetrator is not
a juvenile, the notice must be delivered as follows:
(a) By certified mail, restricted
delivery, with a return receipt requested to the last known address of the perpetrator;
or
(b) By hand delivery to the
perpetrator. If hand delivered, the notice must be addressed to the perpetrator
and a copy of the notice must be signed and dated by the perpetrator to acknowledge
receipt, signed by the person delivering the notice, and filed in the child welfare
case file.
(c) If subsection (2)(b) of
this rule does not apply, the method or process for providing notice of a CPS founded
disposition when domestic violence has been identified should maximize the safety
of the child, the adult victim, and Department employees. The Department will not
use the adult victim to deliver the notice.
(2) A "Notice of a CPS Founded
Disposition" (Form CF 313) is not required if:
(a) The CPS founded disposition
was made prior to August 4, 2000. Notice will be given on CPS founded dispositions
made prior to August 4, 2000 as provided in OAR 413 010-0717.
(b) Domestic violence has been
identified and if providing the notice would increase the risk of harm to a child,
adult victim, or Department employee. This exception may only be made with Department
management approval based on documentation of risk.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile
(1) The local Child Welfare
office that determines a juvenile is the perpetrator must deliver the "Notice of
CPS Founded Disposition" (Form CF 313) to one of the following persons who may act
on behalf of the juvenile in submitting a request for review based on having legal
custody of the juvenile:
(a) The juvenile's parent; or
(b) The juvenile's guardian.
(2) If the juvenile is in the
legal custody of the Department or the Oregon Youth Authority, the notice must be
sent to both of the following:
(a) The juvenile's attorney;
and
(b) The juvenile's parent, unless
there is cause to believe such communication will be detrimental to the juvenile
(see OAR 413-020-0170(3)(c)).
(3) If the juvenile is in the
legal custody of the Department and is unrepresented, the Department will ask the
juvenile court to appoint an attorney for the juvenile.
(4) The "Notice of a CPS Founded
Disposition" (Form CF 313) must be delivered by certified mail, restricted delivery,
with a return receipt requested to the last known address of each mandatory recipient
identified in sections (1) and (2) of this rule.
(5) Any other notices or documents
that must be provided to perpetrators pursuant to these rules must be delivered
to the appropriate persons as outlined in this rule if the perpetrator is a juvenile.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005,
419.370

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0717
Inquiry about a Review
When a CPS Founded Disposition was Made Prior to August 4, 2000
(1) The Department will not
deliver a "Notice of Founded CPS Disposition" (Form CF 313) to a person identified
as a perpetrator in a CPS founded disposition completed prior to August 4, 2000,
unless a person makes an inquiry to the Department about an opportunity for review
and qualifies for a review as described in section (2) of this rule.
(2) An individual identified
as a perpetrator in a CPS founded disposition completed prior to August 4, 2000
may contact any Child Welfare office and inquire about a review of the disposition.
If a complete record of the incident, including a complete copy of the CPS assessment
and documentation collected during the CPS assessment, is still available, the Department
proceeds in accordance with OAR 413-010-0718. If a complete record of the incident
is no longer available, the Department will not conduct a review but will provide
notice to the individual that a review will not be conducted and the reasons for
that determination.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice
If a person believes he or she
is entitled under these rules (OAR 413-010-0700 to 413-010-0750) to a "Notice of
CPS Founded Disposition" (Form CF 313) but has not received one, the person may
contact any Child Welfare office to inquire about a review of the disposition.
(1) If the local Child Welfare
office determines that the person making the inquiry has been identified as a perpetrator
in a CPS founded disposition since August 4, 2000, staff must determine whether
a "Notice of CPS Founded Disposition" (Form CF 313) was delivered to the perpetrator
or the perpetrator refused the delivery of the notice, as evidenced by the returned
receipt.
(2) If a notice was delivered
to the perpetrator or the perpetrator refused delivery of the notice, as evidenced
by a returned receipt, and the time for requesting review of the CPS founded disposition
has expired, the local Child Welfare office must either prepare and deliver a "Notice
of Waived Rights for Review"(Form
CF 316) or inform the perpetrator by telephone of the information required in the
"Notice of Waived Rights for Review" and document the telephone notification in
the child welfare case file.
(3) If the perpetrator is a juvenile, the
local Child Welfare office must prepare and deliver a "Notice of Waived Rights"
to the appropriate persons identified in OAR 413 010-0716.
(4) If no returned receipt exists
or if it appears that notice was not properly provided, the local Child Welfare
office must deliver a "Notice of CPS Founded Disposition" as provided in OAR 413-010-0720
or, if the perpetrator is a juvenile, as provided in OAR 413-010-0716.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0720
Information Included
in the "Notice of a CPS Founded Disposition" (Form CF 313)
The "Notice of a CPS Founded
Disposition" (Form CF 313) must include all of the following:
(1) The case and sequence numbers
assigned to the CPS assessment that resulted in the CPS founded disposition.
(2) The full name of the individual
who has been identified as responsible for the child abuse as it is recorded in
the case record.
(3) A statement that the CPS
Disposition was recorded as "founded" including a description of the type of child
abuse or neglect identified.
(4) A description of the CPS
assessment that briefly explains how the CPS founded disposition was determined.
(5) A statement about the right
of the individual to submit a request for review of the CPS founded disposition.
(6) Instructions for making
a request for review, including the requirement that the requestor provide a full
explanation why the requestor believes the CPS founded disposition is in error.
(7) A statement that the Department
will not review a CPS founded disposition when a legal proceeding is pending and
that the person requesting a review maintains the right to request a review for
30 days following resolution of the pending legal proceeding unless the proceeding
results in a legal finding that is consistent with the CPS founded disposition.
(8) A statement that the person
waives the right to request a review if the request for review is not received by
the local Child Welfare office within 30 calendar days from the date of receipt
of the "Notice of CPS Founded Disposition," as documented by a returned receipt.
(9) A statement that the local
Child Welfare office will consider relevant documentary information contained in
the Department's case file, including the CPS assessment and disposition, screening
information, assessment information and narrative, related police reports, medical
reports, and information submitted with the request for review by the person requesting
review.
(10) A statement that the review
process will not include re-interviewing the victim; interviewing or meeting with
the person requesting a review, with others associated with the requestor, or with
others mentioned in the assessment; or conducting a field assessment of the allegation
of child abuse.
(11) A statement that the local
Child Welfare office will send the requestor a "Notice of Local Child Welfare Office
CPS Founded Disposition Review Decision" (Form CF 314) within 30 days of receiving
a request for review.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0721
Making a Request for a Review of a CPS Founded Disposition
A person requesting a review
must use information contained on the "Notice of CPS Founded Disposition" to prepare
a written request for review. The written request for review must be delivered to
the local Child Welfare office within 30 calendar days of the receipt of the Notice
of CPS Founded Disposition and must include the following items:
(1) Date the request for review
is written;
(2) Case number and sequence
number found on the "Notice of CPS Founded Disposition;"
(3) Full name of the person
identified as responsible for abuse or neglect in the CPS founded disposition;
(4) A full explanation, responsive
to the information provided in the Department's notice, explaining why the person
believes the CPS founded disposition is in error and providing any additional information
and documents the person wants considered during the review;
(5) The person's current name
(if it has changed from the name noted in section (3) of this rule);
(6) The person's current street
address and telephone number; and
(7) The person's signature.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 2-2012, f. & cert.
ef. 4-4-12
413-010-0722
Determining When Legal
Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding
(Form CF 317)
(1) The Department does not
conduct a review when there is a legal finding consistent with the CPS founded disposition.
In that case, a "Notice of Legal Finding" must be provided as provided in OAR 413-010-0723.
(2) If the Department is aware
that a legal proceeding is pending, the local Child Welfare office will not review
the CPS founded disposition until the legal proceeding is completed.
(3) If the Department is aware
that a legal proceeding is pending, the local Child Welfare office must prepare
and deliver a notice of legal proceedings (CF 317) within 30 days after receipt
of a request for review. This informs the requestor that the Department will not
review the disposition until the legal proceeding is completed and will take no
further action on the request.
(4) The requestor may, at the
conclusion of the legal proceeding, again submit a request for review within 30
days.
(5) The requestor retains the
right to request a review for 30 days following resolution of the legal proceeding.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0723
Providing
a Notice of Legal Finding (Form CF 316)
If a requestor inquires about
a review of a CPS founded disposition and there is a legal finding consistent with
the CPS founded disposition, the local Child Welfare office staff must prepare and
deliver a "Notice of Legal Finding" (Form CF 318) that informs the requestor that
the Department will not review the disposition.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0732
Local Child Welfare Office Responsibilities
Related to Notices and Reviews
(1) If an individual asks to
review Department records for the purpose of reviewing a CPS founded disposition,
state and federal confidentiality law, including OAR 413-010-0010 to 413-010-0075
and OAR 413-350-0000 to 413-350-0090 govern the inspection and copying of records.
(2) The local Child Welfare
office must maintain records to demonstrate the following, when applicable:
(a) Whether the Department delivered
a "Notice of CPS Founded Disposition;"
(b) Whether or not the Notice
of CPS Founded Disposition was received by the addressee, as evidenced by a returned
receipt documenting that the notice was received, refused, or not received within
the 15-day period provided by the United States Postal Service;
(c) The date a Request for a
Local Child Welfare Office CPS Founded Disposition Review was received by the local
Child Welfare office;
(d) If a review is conducted
by a local Child Welfare office, whether the "Notice of the Local Child Welfare
Office CPS Founded Disposition Review Decision" (Form CF 314) was received by the
addressee as evidenced by a returned receipt documenting that the notice was received,
refused, or not received within the 15-day period as provided by the United States
Postal Service; and
(e) The date a request for review
by Central Office was received by the Department.
(3) The Child Welfare supervisor
in each local Child Welfare office or designee must maintain a comprehensive record
of the reviews completed by the local Child Welfare office on CPS founded dispositions
arising out of the local Child Welfare office to which the supervisor is assigned.
The record must include the date, case number, sequence number, and the decision
for each review completed by the local Child Welfare office.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0735
Local Child
Welfare Office Review CPS Founded Dispositions
(1) The local Child Welfare
office must conduct a review and issue a "Notice of Local Child Welfare Office CPS
Founded Disposition Review Decision" (Form CF 314) to the requestor within 30 days
from the date the local Child Welfare office receives a request for review of a
CPS founded disposition.
(2) If the request for review
was delayed because a legal proceeding was pending as provided in OAR 413-010-0720(6),
or the proceeding has been completed without a legal finding that would preclude
a review, the review must occur within 30 days from the date the local Child Welfare
office receives a new request for review.
(3) The Local Child Welfare
Office CPS Founded Disposition Review must occur as follows:
(a) The review may not include
re-interviewing the victim; interviewing or meeting with the person requesting a
review, with others associated with the requestor, or with others mentioned in the
assessment; or conducting a field assessment of the allegation of child abuse or
neglect.
(b) The review must be based
on current child welfare practice and definitions of child abuse. Procedural rules
in place at the time the CPS assessment was completed also must be considered.
(c) The following must be considered
by the Local Child Welfare Office CPS Founded Disposition Review Committee members
and the Child Welfare Program Manager or designee:
(A) Relevant documentary information
contained in the Department's child welfare case file including the CPS assessment
and disposition, screening information, assessment information and narrative, related
police reports, medical reports, and information provided by the person requesting
review;
(B) Whether there is reasonable
cause to believe that child abuse occurred;
(C) Whether there is reasonable
cause to believe that the person requesting review is responsible for the child
abuse; and
(D) Whether there is reasonable
cause to believe that the type of abuse for which the CPS assessment was founded
is correctly identified in the assessment.
(d) The Local Child Welfare
Office CPS Founded Disposition Review Committee must:
(A) Make recommendations as
follows:
(i) Retain the founded disposition;
(ii) Change the disposition
to unfounded or unable to determine;
(iii) Change the type of abuse
(see OAR 413-015-1000(3) for a list of the types of abuse) for which the CPS Disposition
was founded.
(B) At the conclusion of the
Review Committee, each committee member must make his or her respective recommendations
known to the Child Welfare Program Manager or designee.
(e) The Child Welfare Program
Manager or designee must:
(A) Observe the Review Committee;
(B) Ask questions of the committee
members as needed for clarification;
(C) Consider the committee's
recommendation or recommendations and the basis for the recommendation or recommendations;
and
(D) Make one of the following
decisions:
(i) Retain the founded disposition.
(ii) Change the disposition
to unfounded disposition or unable to determine.
(iii) Change the type of abuse
(see OAR 413-015-1000(3) for a list of the types of abuse) for which the CPS Disposition
was founded.
(f) The decision and the basis
for the decision must be documented.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0738
Notice of Local Child Welfare
Office CPS Founded Disposition Review Decision
(1) The Child Welfare supervisor
or designee must prepare a "Notice of Local Child Welfare Office CPS Founded Disposition
Review Decision" (Form CF 314) as described in OAR 413-010-0738.
(2) The "Notice of Local Child
Welfare Office CPS Founded Disposition Review Decision" (Form CF 314) must include
the following:
(a) Whether there is reasonable
cause to believe that child abuse occurred;
(b) Whether there is reasonable
cause to believe the person requesting the review was responsible for the child
abuse;
(c) The decision resulting from
the Local Child Welfare Office CPS Founded Disposition Review;
(d) If the CPS founded disposition
is changed, whether it will be changed to "unable to determine" or to "unfounded;"
(e) If the Local Child Welfare
Office CPS Founded Disposition Review results in a decision that the CPS founded
disposition should be retained but that the type of abuse for which the disposition
was founded should be changed, the type of abuse that should be founded and the
reason for this change;
(f) If the CPS founded disposition
is retained but the type of abuse is changed, notice that the person requesting
the review has the right to request a new Local Child Welfare Office CPS Founded
Disposition Review of the change;
(g)
A summary of the information and reasoning of the Local Child Welfare Office CPS
Founded Disposition Review upon which the decisions were based;
(h) If a CPS founded disposition is determined
to be "unable to determine" or "unfounded," notice that the change will be noted
in the CPS assessment narrative;
(i) If the founded disposition
is retained, a statement about how to request a review by Central Office, as described
in OAR 413-010-0740.
(3) The local Child Welfare
office must place the request for review and a copy of the "Local Child Welfare
Office CPS Founded Disposition Review Decision" (Form CF 314) in the child welfare
case file. A change may not be made in the existing written child welfare case file
except to add the determinations.
(4) The Department must send
the "Local Child Welfare Office CPS Founded Disposition Review Decision" (Form CF
314) by certified mail, restricted delivery, with a return receipt requested, to
the person requesting review within 30 days of the request for review.
(5) When as a result of a Local
Child Welfare Office CPS Founded Disposition Review, a decision is made to change
a CPS founded disposition, the Child Welfare supervisor or designee must assure
the revised disposition is reflected in the Department's information system. The
Child Welfare supervisor or designee forwards the necessary information (Form CF
322) to the Department's Office of Information Services (OIS) Service Desk.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0740
Requesting
a Central Office Review
(1) A person entitled to the
notice described in OAR 413-010-0738 may, within 30 days of receipt of the notice,
request a Central Office CPS Founded Disposition Review.
(2) A person requesting a Central
Office CPS Founded Disposition Review may use a copy of the request for local Child
Welfare office review or prepare a new request for Central Office Review, following
the requirements outlined in OAR 413-010-0721.
(3) A person requesting a Central
Office CPS Founded Disposition Review must deliver the request to the local Child
Welfare office within 30 days of the date the "Notice of Local Child Welfare Office
CPS Founded Disposition Review Decision" (Form CF 314) was received by the requestor,
as evidenced on a United States Postal Service return receipt.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0743
Local Office Responsibilities
in a Request for Central Office CPS Founded Disposition Review
Within 10 calendar days after
receiving a request for a Central Office CPS Founded Disposition Review, the local
Child Welfare office must forward the following documents to the Department's Central
Office CPS Program Unit:
(1) The request for review;
and
(2) A copy of the child welfare
case records pertinent to the CPS founded disposition, including the information
reviewed as part of the Local Child Welfare Office CPS Founded Disposition Review.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0745
Central Office
Review of CPS Founded Dispositions
(1) Central Office must conduct
a review and issue a "Notice of Central Office CPS Founded Disposition Review Decision"
(Form CF 315) within 60 days from the date Central Office receives a request for
a review.
(2) The Central Office CPS Founded
Disposition Review must occur as follows:
(a) The CPS program office schedules
a review of the CPS founded disposition when a written request for review and case
file information is received from the local Child Welfare office.
(b) The review may not include
re-interviewing the victim; interviewing or meeting with the person requesting a
review, with others associated with the requestor, or with others mentioned in the
assessment; or conducting a field assessment of the allegation of child abuse or
neglect.
(c) The review must be based
on current child welfare practice and definitions of child abuse and neglect. Procedural
rules in place at the time the CPS assessment was completed also must be considered.
(d) The following must be considered
by the Central Office CPS Founded Disposition Review Committee members and the CPS
Program Manager or designee:
(A) Relevant documentary information
contained in the Department's child welfare case file, including the CPS assessment
and disposition, screening information, assessment information and narrative, related
police reports, medical reports, and information provided by the person requesting
review.
(B) Whether there is reasonable
cause to believe that child abuse or neglect occurred;
(C) Whether there is reasonable
cause to believe that the person requesting review is responsible for the child
abuse or neglect; and
(D) Whether there is reasonable
cause to believe that the type of abuse is correctly identified in the assessment.
(e) The Central Office CPS Founded
Disposition Review Committee must:
(A) Make recommendations as
follows:
(i) Retain the founded disposition;
(ii) Change the disposition
to unfounded or unable to determine;
(iii) Change the type of abuse
(see OAR 413-015-1000(3) for a list of the types of abuse) for which the CPS Disposition
was founded.
(B) At the conclusion of the
Review Committee, each committee member makes his or her respective recommendation
known to the CPS Program Manager or designee.
(f) The Central Office CPS Program
Manager or designee must:
(A) Observe the Review Committee;
(B) Ask questions of the committee
members as needed for clarification;
(C) Consider the committee's
recommendation or recommendations and the basis for the recommendation or recommendations;
and
(D) Make one of the following
decisions:
(i) Retain the founded disposition.
(ii) Change the disposition
to unfounded or unable to determine.
(iii) Change the type of abuse
(see OAR 413-015-1000(3) for a list of the types of abuse) for which the CPS Disposition
was founded.
(g) The decision and the basis
for the decision must be documented.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12;
CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0746
Notice of Central Office
CPS Founded Disposition Review Decision
(1) Within 60 calendar days
of the date Central Office receives the request for review from the local Child
Welfare office, a CPS Program Coordinator or designee prepares and sends to the
requestor by certified mail, restricted delivery, with a return receipt requested,
a "Notice of Central Office CPS Founded Disposition Review Decision" (Form CF 315)
that includes the following information:
(a) Whether there is reasonable
cause to believe that child abuse occurred;
(b) Whether there is reasonable
cause to believe that the person requesting review was responsible for the child
abuse;
(c) The decisions resulting
from the Central Office CPS Founded Disposition Review;
(d) If the CPS founded disposition
is changed, whether the change will be to "unable to determine" or to "unfounded
disposition;"
(e) If the Central Office CPS
Founded Disposition Review results in a decision that the CPS founded disposition
should be retained but the type of abuse for which the disposition was founded should
be changed, the new type of abuse and the reason for this change;
(f) If the CPS founded disposition
is retained but the type of abuse or neglect is changed, notice that the person
requesting the review has the right to request a new Central Office CPS Founded
Disposition Review based on the change;
(g) A summary of the information
used as part of the Central Office CPS Founded Disposition Review and the reasoning
for reaching the decision; and
(h) If a CPS founded disposition
is changed to "unable to determine" or "unfounded," notice that the change will
be made to the CPS assessment narrative.
(2) A "Notice of Central Office
CPS Founded Disposition Review Decision" (Form CF 315) is sent to the person requesting
review, the local Child Welfare office for filing in the child welfare case record,
the CPS worker, and the supervisor involved in the initial CPS assessment and determination
of disposition.
(3) The CPS Program Office maintains
a comprehensive record of the reviews of CPS founded dispositions conducted by Central
Office. The record includes the date of the review, case number, sequence number,
a copy of the materials used in the review and the decision that resulted from the
review for each review conducted by Central Office.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0748
Review
Initiated by the Department
The CPS Program Manager may
direct that either the local Child Welfare office or Central Office review a founded
disposition if there is good cause to do so, such as a determination that there
is a legal finding that contradicts the CPS founded disposition.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 16-2004, f. & cert. ef. 10-1-04; CWP 2-2005, f. &
cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12;
CWP 2-2012, f. & cert. ef. 4-4-12
413-010-0750
Revising Founded Child Abuse
Dispositions in the Department's Electronic Information System
When as a result of a Central
Office CPS Founded Disposition Review, a decision is made to change a CPS founded
disposition, the CPS Program Coordinator or designee forwards the necessary information
(Form CF 322) to the Department's Office of Information Services (OIS) Service Desk
or other appropriate organizational unit to make changes in the Department's Electronic
Information System.
Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Hist.: SOSCF 18-2000, f. &
cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03,
cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11,
cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12

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