Or. Admin. R. 413-010-0738

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

Section 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 abuse occurred;

(b) Whether there is reasonable cause to believe the person requesting the review was responsible for the 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 appropriate organizational unit to make changes in the Department's Electronic Information System.

Or. Admin. R. 413-010-0738

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 1-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 11-2023, minor correction filed 05/16/2023, effective 5/16/2023; CWP 4-2024, minor correction filed 02/28/2024, effective 2/28/2024

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005