Or. Admin. Code § 413-015-0809

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

Section 413-015-0809 - Exceptions to Completing a Third Party CPS Assessment

(1) Exception to Completing a third party CPS assessment.

(a) The only exception to completing a third party CPS assessment required by these rules (OAR 413-015-0800 to 413-015-0885) on an assigned referral is when a CPS worker, in consultation with a CPS supervisor or designee, determines that the referral does not require a third party CPS assessment because:

(A) The referral was opened in error; or

(B) There is no longer an allegation of abuse. The CPS worker received information after being assigned the referral and that information in combination with the corresponding screening report no longer constitutes a report of abuse as defined in ORS 419B.005 or, when applicable, ORS 418.205 - 418.327. This exception may be used only when the CPS worker and the CPS supervisor or designee determine the information:

(i) Is not from the alleged perpetrator or the alleged perpetrator's parent or caregiver if the alleged perpetrator is a child;

(ii) Relates directly to and specifically negates all allegations in the screening report; and

(iii) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(b) The exception in section (1) of this rule is not permitted and a third party CPS assessment must be completed when the CPS worker has already made contact with the parent or caregiver of the alleged victim, the alleged victim, the alleged perpetrator, or the parent or caregiver of the alleged perpetrator if the alleged perpetrator is a child, unless:

(A) The parent, caregiver, or alleged victim, is the original reporter;

(B) The report was documented under the wrong case and corrected report is created;

(C) The alleged victim never existed; or

(D) The alleged victim is no longer a child;

(c) If contact was made as described in subsection (b), the contact must be documented in the CPS assessment, even if the exception in subsection (a) is granted.

(d) If the exception in section (1) of this rule is granted, the local Child Welfare office is responsible for sending written notice to the alleged perpetrator that a criminal records check was conducted, as described in OAR 413-015-1120, using the form provided by the Department, unless the notification is completed by the Oregon Child Abuse Hotline.

(2) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.

Or. Admin. Code § 413-015-0809

CWP 20-2021, temporary adopt filed 09/30/2021, effective 9/30/2021 through 3/28/2022; CWP 5-2022, adopt filed 03/28/2022, effective 3/28/2022; CWP 2-2024, amend filed 01/29/2024, effective 2/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 419B.026