Or. Admin. R. 413-015-1010

Current through Register Vol. 63, No. 5, May 1, 2024

Section 413-015-1010 - Standard of Proof and Possible CPS Assessment Dispositions

(1) The standard for determining CPS assessment dispositions is reasonable cause to believe.

(2) The possible CPS assessment dispositions are:

(a) "Founded," which means there is reasonable cause to believe the abuse occurred. "Founded" is synonymous with "substantiated" as defined in ORS 418.205 - 418.327.

(b) "Unfounded," which means there is no evidence the abuse occurred. "Unfounded" is synonymous with "unsubstantiated" as defined in ORS 418.205 - 418.327.

(c) "Unable to determine," which means there is some indication the abuse occurred, but there is insufficient evidence to conclude that there is reasonable cause to believe the abuse occurred. "Unable to determine" is synonymous with "inconclusive as defined in ORS 418.205 - 418.327 and may only be used in the following circumstances:

(A) After extensive efforts have been made, the CPS worker is unable to locate the family; or

(B) After completing a CPS assessment, there is insufficient information to support any other disposition and:

(i) The alleged victim is unable or unwilling to provide consistent information; or

(ii) There is conflicting or inconsistent information from collateral contacts or family.

Or. Admin. R. 413-015-1010

CWP 24-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018; CWP 51-2018, adopt filed 06/29/2018, effective 6/29/2018; CWP 97-2018, minor correction filed 07/09/2018, effective 7/9/2018; CWP 109-2020, minor correction filed 02/18/2020, effective 2/18/2020

Statutory/Other Authority: ORS 409.050 & ORS 418.005

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