Or. Admin. Code § 413-015-0606

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-015-0606 - Additional CPS Assessment Activities for a Report Involving a Resource Family or Respite Provider Certified by Child Welfare

(1) CPS Worker and CPS Supervisor Actions.

(a) If the report involving a resource family or respite provider certified by Child Welfare is referred for a CPS assessment, the assigned CPS worker must convene a staffing before making initial contact unless the timing of the staffing will compromise child or young adult safety. The purpose of the staffing is:

(A) To determine and coordinate the response to the referral;

(B) To notify those listed in OAR 413-015-0604(1)(a)(C) of the referral; and

(C) To share information regarding the resource family or respite provider, the children or young adults placed in the home or receiving services from the respite provider, any caregivers, and any other individuals living in the home of the resource family or respite provider.

(b) The CPS worker must ensure that the people listed in OAR 413-015-0604(1)(a)(C) and those identified in subsection (c)(B) are invited to the staffing.

(c) The CPS supervisor or their designee must:

(A) Ensure that the staffing discussed in subsection (a) of this section occurs prior to the initial contact unless the timing of the staffing will compromise child or young adult safety;

(B) Determine whether the Child Welfare Program Manager, CPS Consultant, Foster Care Coordinator, Respite Care Coordinator, or any other appropriate personnel should be invited to the staffing; and

(C) If the staffing does not occur prior to the initial contact, ensure the staffing described in subsection (a) occurs the next business day and all the individuals identified in subsection (b) are invited.

(d) The CPS worker must complete the following activities during the CPS assessment:

(A) Comply with CPS assessment requirements in OAR 413-015-0400 to 413-015-0485. When the alleged victim in the referral is a young adult, references in OAR 413-015-0400 to 413-015-0485 to "child" include a young adult unless the context indicates otherwise.

(B) At initial contact, provide the resource family or the respite provider with the appropriate "What you need to know about a Child Protective Service Assessment" pamphlet.

(C) Prior to conducting an interview with a child or young adult the CPS worker must inform the child or young adult:

(i) When the child or young adult is not in the custody of Child Welfare, that they may have their parent or caregiver or attorney present.

(ii) When the child or young adult is in the custody of Child Welfare, that they may have their attorney present.

(D) Notify and interview the parent or caregiver of any child or young adult residing in the home of a resource family or respite provider certified by Child Welfare who is not in the legal custody of Child Welfare and gain permission to interview the child or young adult. If the CPS worker is denied permission to interview, but such interviews are needed to complete the assessment, the CPS worker should consult with a supervisor and seek the assistance of an assistant attorney general.

(E) Consult with a CPS supervisor before making the decision to remove any child or young adult from the resource family.

(F) Provide ongoing information to the assigned Child Welfare certifiers and to the caseworkers identified in OAR 413-015-0604(1)(a)(C).

(G) Notify law enforcement immediately when a crime is suspected to have occurred even if unrelated to a report of abuse:

(i) To a child or young adult living with a resource family certified by Child Welfare; or

(ii) At the home of a resource family or respite provider certified by Child Welfare.

(H) Determine and document the basis for the determination of whether there is reasonable cause to believe that abuse occurred as outlined in OAR 413-015-1015.

(I) Complete the CPS assessment.

(2) Child Welfare Certifier and Certification Supervisor Actions. When the assigned certifier is notified that information received by a screener involving a resource family or respite provider certified by Child Welfare is referred for a CPS assessment:

(a) Within one business day after the CPS worker has made initial contact, the certifier must contact and notify the resource family or respite provider and provide them with the following information:

(A) The certifier is available to answer questions related to certification but will not discuss the specifics of the CPS assessment;

(B) The resource family or respite provider is immediately placed on inactive referral status pending the completion of the CPS assessment;

(C) The resource family or respite provider has the option of having another resource parent or relative resource parent available for support during the assessment; and

(D) The names of resource families who have agreed to be available for support.

(b) Within one business day, the certifier must document the initiation of a CPS assessment and the placement of the resource family or respite provider on inactive referral status in provider case notes in the Child Welfare electronic information system.

(c) Within one business day, the certifier must notify Child Welfare staff responsible for placement that the resource family or the respite provider is on inactive referral status.

(d) Within 14 calendar days of the notification required in paragraph (2)(a)(B) of this rule, Child Welfare must provide written notification to the resource family or respite provider that the home has been placed on inactive referral status and place a copy of the written notification in the certification file.

(e) The certifier must provide ongoing information regarding the resource family or respite provider and any individuals living in the home to the assigned CPS worker and the caseworkers of each child or young adult placed in the home.

(f) The certification supervisor must ensure that the actions required in subsections (a) through (e) of this section are completed if the certifier is unavailable.

(3) Assigned Caseworker Actions.

(a) When the assigned caseworker is notified that a report of abuse involving a child or young adult on an open case has been referred for a CPS assessment, the assigned caseworker must comply with OAR 413-080-0051.

(b) When a caseworker has not yet been assigned, the CPS worker is responsible for requirements in OAR 413-080-0051.

Or. Admin. Code § 413-015-0606

CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12; CWP 20-2015, f. & cert. ef. 10-1-15; CWP 20-2017, renumbered from 413-200-0419, filed 12/26/2017, effective 12/26/2017; 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 91-2018, minor correction filed 07/09/2018, effective 7/9/2018; CWP 11-2021, amend filed 04/27/2021, effective 5/1/2021; CWP 70-2023, amend filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015 & ORS 419B.020