Or. Admin. R. 413-010-0715

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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) 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, otherwise, 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.

(3) Notifications made in section (1) of this rule must be documented in the Child Welfare electronic information system within five business days of the supervisory approval of the CPS assessment. The documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(c) The date the notification was made.

(d) A copy of the original "Notice of a CPS Founded Disposition" (Form CF 313) delivered to the perpetrator saved in the Child Welfare electronic information system.

Or. Admin. R. 413-010-0715

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; CWP 1-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 22-2023, minor correction filed 05/16/2023, effective 5/16/2023

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005