Or. Admin. R. 413-015-0422

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-015-0422 - Gather Safety Related Information through Interview and Observation

(1) The CPS worker must gather relevant information and facts necessary to complete all parts of the CPS assessment. The CPS worker must gather information through interview and observation about the following:

(a) The extent of the abuse;

(b) The circumstances surrounding the abuse;

(c) Child functioning;

(d) Adult functioning;

(e) Parenting practices and skills; and

(f) Disciplinary practices.

(2) Interview.

(a) Except as outlined in subsection (b) of this section, interview each person in a manner that considers each person's privacy and safety and assures effective communication. Use information gathered from one interview to assist in the next interview.

(b) When domestic violence is alleged:

(A) And the adult victim is not alleged to be a perpetrator of abuse, consider interviewing the alleged adult victim first; and

(B) Ask questions about domestic violence in separate interviews only.

(c) The CPS worker must, to the extent possible, do the following during interviews with family members:

(A) Present identification to the family at the beginning of the interview and provide a business card or other document to the parents and caregivers containing the CPS worker's name and phone number;

(B) Clearly state the reason for the interview, provide statutory authority to assess reports of abuse, and give an explanation of the alleged abuse;

(C) Allow the parent or caregiver to respond to each allegation;

(D) Assure the privacy of the persons being interviewed;

(E) Focus the interview on safety;

(F) Assess whether the parents or caregivers are involved in domestic violence;

(G) When there is an infant in the household:

(i) Inquire about sleep practices the family uses anytime the infant is laid down to sleep;

(ii) Engage and educate the family on safe sleep practices; and

(iii) Support the family in problem solving to reduce sleep related risk.

(H) Summarize and discuss the initial impressions and intentions resulting from the interview with appropriate family members or caregivers;

(I) Obtain from the parents or caregivers the names of persons who can provide additional information in making a safety determination and completing the CPS assessment;

(J) Ask the parents and caregivers to sign an authorization to release information to enable Child Welfare to obtain confidential information from physicians, mental health providers, school employees, or other service or treatment providers, if applicable; and

(K) Inform the parents and caregivers about the Child Welfare grievance procedure.

(3) Observation.

(a) The CPS worker must observe the alleged victim and the parent or caregiver to assess:

(A) The physical condition of the alleged victim, including any observable effects of abuse;

(B) The emotional state of the alleged victim, including mannerisms, signs of fear, and developmental status;

(C) The reactions of the parents or caregivers to the concerns;

(D) The emotional and behavioral status of the parents or caregivers during the interviewing process; and

(E) The interactions between family members, including verbal and body language.

(b) The CPS worker must observe all home environments where the alleged victim resides to assess:

(A) The condition of the living space;

(B) The sleep environment of each child, including any infant; and

(C) The physical condition of the home.

(4) When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the CPS worker must determine whether a child or young adult is, or is at risk of being, a victim of sex trafficking.

(a) If a determination is made that a child or young adult is a victim of sex trafficking the CPS worker must:

(A) Report to a screener the identification of a child or a young adult as a sex trafficking victim;

(B) Identify and refer to appropriate services; and

(C) Document the child or young adult is a sex trafficking victim in the Child Welfare electronic information system.

(b) If a determination is made that a child or young adult is at risk of being a victim of sex trafficking, the CPS worker must identify and refer to appropriate services.

Or. Admin. R. 413-015-0422

CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 17-2016, f. & cert. ef. 9/29/2016; CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; CWP 51-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 74-2018, minor correction filed 07/05/2018, effective 7/5/2018; CWP 136-2020, amend filed 08/27/2020, effective 9/1/2020; CWP 44-2023, minor correction filed 05/16/2023, effective 5/16/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.185 & ORS 419B.005 - 419B.050