Or. Admin. R. 413-010-0722

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

Section 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.

Or. Admin. R. 413-010-0722

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; CWP 16-2023, 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