Or. Admin. Code § 407-046-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 407-046-0110 - Child-In-Care Abuse Rules: Definitions

Unless the context indicates otherwise, the following definitions apply to these rules OAR 407-046-0100 through 407-046-0200:

(1) "Abuse" has the same meaning as defined in ORS 418.257 and 419B.005. (See OAR 407-046-0170 (2) and (3))

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR 407-046-0100 through 407-046-0200) that a report of abuse is substantiated, unsubstantiated, or inconclusive as described in OAR 407-046-0170.

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 407-046-0180 on a report of abuse that is determined to require an investigation under OAR 407-046-0130 (1)(b).

(4) "Alleged victim" means the child-in-care who is reported, alleged, or determined to be subjected to abuse under these rules (407-046-0100 through 407-046-0200).

(5) "Business days" means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(6) "Children's Care Licensing Program" or "CCLP" means the Department of Human Service's program that licenses and oversees child-caring agencies.

(7) "Child" means an unmarried person who:

(a) Is under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257.

(8) "Child-caring agency" has the same meaning as defined in ORS 418.205.

(9) "Child-in-care" as defined in ORS 418.257 means a person under 21 years of age who is residing in or receiving care or services from:

(a) A child-caring agency or proctor foster home (CCA certified foster home);

(b) An ODHS certified foster home subject to ORS 418.625 to 418.645 (Child Welfare foster home); or

(c) A developmental disabilities residential facility (ODDS group home, ODDS host home, and ODDS foster home).

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) "Developmental disabilities residential facility" means a residential facility or foster home for children who are 17 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 to 443.455, 443.830 and 443.835.

(12) "Indian child" as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(13) "Investigation" as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. "Investigation" does not include screening activities conducted upon the receipt of a report.

(14) "Law enforcement agency" has the same meaning as defined in ORS 419B.005(5).

(15) "Legal guardian" means the child-in-care's parent, unless a court appoints another person or agency to act as the individual's guardian.

(16) "ODDS foster home" means a developmental disability child foster home as defined in ORS 443.830 and certified under OAR chapter 411, division 346.

(17) "ODDS group home" means the distinct method for the delivery of home and community-based services in a 24-hour residential setting by a provider certified and endorsed according to the rules in OAR chapter 411, division 323.

(18) "ODDS host home" means a residential training home per ORS 443.400 that is a community-based family home setting licensed by the Department according to the rules in OAR chapter 411, division 348 to provide home and community-based services to children with intellectual or developmental disabilities. ODDS host homes are community homes featuring an in-residence caregiver serving in a parental role with the support of additional staff to deliver intensive care and support to children in a family home environment.

(19) Office of Developmental Disabilities Services or "ODDS" means the Department of Human Services Office of Developmental Disability Services.

(20) "OTIS investigator" means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR 407-046-0100 through 407-046-0200.

(21) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(22) "Proctor foster home" is defined in ORS 418.205 and means a foster home certified by a child-caring agency that is not subject to ORS 418.625 to 418.470.

(23) "Reasonable cause" means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150)

(24) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly's Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(25) "Redacted" means information deemed confidential under state or federal law that has been protected from view.

(26) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(27) "Respondent" means the adult or entity alleged to have committed abuse.

(28) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(29) "Serious bodily injury" means any significant impairment of the physical condition of an individual, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

(30) "Severe harm" as defined in ORS 419B.150 means:

(a) Life threatening damage; or

(b) Significant or acute injury to a person's physical, sexual, or psychological functioning.

(31) "Sex trafficking" as defined in ORS 419B.354(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act or the recruitment, harboring, transportation, provision, or obtaining of a person over the age of 18 using force, fraud, or coercion for the purpose of a commercial sex act.

(32) "Suspicious physical injury" has the same meaning as defined in ORS 419B.023 (Karly's Law).

Or. Admin. Code § 407-046-0110

DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08; DHSD 4-2008, f. & cert. ef. 5-30-08; DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10; DHSD 6-2010(Temp), f. & cert. ef. 7-12-10 thru 1-8-11; DHSD 12-2010, f. 12-30-10, cert. ef. 1-1-11; DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; DHSD 8-2016, f. & cert. ef. 12/1/2016; DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18; DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017; DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018; DHSD 14-2018, amend filed 06/29/2018, effective 6/30/2018; DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 13-2019, amend filed 08/01/2019, effective 8/1/2019; DHSD 35-2019, amend filed 12/30/2019, effective 1/1/2020; DHS 2-2021, amend filed 02/26/2021, effective 3/1/2021; DHS 9-2021, renumbered from 407-045-0820, filed 07/01/2021, effective 07/01/2021; DHS 11-2021, minor correction filed 07/01/2021, effective 7/1/2021; DHS 19-2021, temporary amend filed 08/19/2021, effective 9/1/2021 through 2/27/2022; DHS 4-2022, amend filed 03/05/2022, effective 3/5/2022; DHS 29-2022, amend filed 07/20/2022, effective 8/1/2022; DHS 4-2023, temporary amend filed 08/31/2023, effective 9/1/2023through 2/27/2024; DHS 18-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 409.050 & 418.005

Statutes/Other Implemented: ORS 183.310, 418.257 - 418.259, 443.400 - 443.455, 409.050, 418.005, 418.205 - 418.327, 418.747, 419B.005 - 419B.050, 409.185, 418.519 - 418.532 & Senate Bill 93 (2023 OL Chapter 267)