Or. Admin. R. 413-015-0815

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

Section 413-015-0815 - Third Party CPS Assessment Activities

Third party CPS assessment activities are outlined below. The activities are described in a logical order in these rules, but the order in which they occur is determined by the specific circumstances in a given referral.

(1) Review records.

(a) The assigned CPS worker must:

(A) Thoroughly review the documentation in the referral;

(B) Thoroughly review the paper and electronic records maintained by Child Welfare for historical information on the alleged perpetrator and the alleged victim that may be useful in completing the third party CPS assessment;

(C) Make diligent efforts to contact another state's child welfare agency to obtain records, if any, when the CPS worker has information that another state may have information relevant to their third party CPS assessment.

(b) The CPS worker must review the documents to identify information related to:

(A) The current third party CPS assessment;

(B) History or a pattern of abuse;

(C) The alleged victim's safety and functioning;

(D) The alleged perpetrator's functioning; and

(E) Worker safety.

(2) Address unassessed allegations. If there are allegations of abuse of the alleged victim by the alleged perpetrator identified in the current referral which were not assessed previously because Child Welfare was unable to locate the alleged victim or the alleged perpetrator, the CPS worker must:

(a) Discuss the prior unassessed allegations during interviews;

(b) Consider all information about prior unassessed allegations when determining child safety; and

(c) Document the consideration of prior unassessed allegations in interviews, observations, and dispositional findings.

(3) Contact collateral sources.

(a) The CPS worker must contact collateral sources who can clarify or supplement the information in the referral and in records already reviewed. The CPS worker may contact collateral sources including, but not limited to:

(A) Individuals who may have information related to the third party CPS assessment;

(B) Individuals who have regular contact with the alleged victim or the alleged perpetrator;

(C) Doctors or others who have evaluated or maintain records on the alleged victim;

(D) People who are in an established personal or professional relationship with the alleged victim and alleged perpetrator and who can judge the quality and nature of the alleged victim and alleged perpetrator's behavior and functioning; and

(E) People who have records or information about the alleged victim and the alleged perpetrator as a result of their involvement with, or exposure to, the alleged victim and alleged perpetrator.

(b) The CPS worker must gather information from collateral sources throughout the third party CPS assessment.

(c) The CPS worker must consult with the assistant attorney general for advice on accessing records from a collateral source if the source is unable or unwilling to share information with Child Welfare.

(d) The Director of Human Services may, by subpoena, compel the production of documents and records, including audio records, video records, photographs, and student records, that the director deems relevant or material to a CPS assessment.

(4) Consult with a CPS supervisor.

(a) The CPS worker must consult with a CPS supervisor or designee:

(A) When the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department or OYA;

(B) When a referral involves a resource family or respite provider certified by Child Welfare,

(C) When a referral involves:

(i) A child care;

(ii) A child-caring agency;

(iii) A child-caring agency certified proctor foster home;

(iv) An educational provider;

(v) An ODDS licensed group or host home; or

(vi) An ODDS or OYA certified foster home.

(E) When a CPS worker receives notification from a screener that a closed at screening or new referral was created on an open third party CPS assessment;

(F) When the referral involves a child fatality;

(G) When making a disposition in a complicated or sensitive situation or case; or

(H) When closing a third party CPS assessment with the disposition of "unable to locate."

(b) The CPS worker must consult with a CPS supervisor or designee and refer to OAR 413-015-0850 if at any point during a third party CPS assessment:

(A) The CPS worker has information the alleged victim, or a child identified as an alleged perpetrator may be unsafe or at risk of being harmed;

(B) The CPS worker is unable to conduct the activities required during a third party CPS assessment because an alleged victim, parent or caregiver, or alleged perpetrator will not allow those activities to occur;

(C) If a CPS worker is unable to contact the alleged victim's parent or caregiver, or the alleged perpetrator's parent or caregiver if the alleged perpetrator is a child, to notify them of the intent to interview;

(D) If a CPS worker has information indicating notification of an alleged victim's parent or caregiver, or the alleged perpetrator's parent or caregiver if the alleged perpetrator is a child, of the intent to interview may make a child or an adult unsafe; or

(E) The CPS worker determines a child is in present danger and the parent or caregiver is unable to protect the child, and consultation does not delay the safety intervention.

(c) Subject to the discretion of the CPS supervisor, the CPS worker will consult with a CPS supervisor or designee at additional key points during the third party CPS assessment, such as:

(A) Before making initial contacts; or

(B) When a referral indicates potential danger to the worker.

(5) Contact and work with other entities. The CPS worker may need to work with representatives of other entities to gather and analyze safety-related information to complete the third party CPS assessment.

(a) The CPS worker may, as appropriate, notify or consult with other Department programs or other agencies including, but not limited to, the Office of Vocational Rehabilitation Services and Animal Control.

(b) The CPS worker must report to or contact and work with other entities as follows:

(A) Community Mental Health Program, Community Developmental Disabilities Program, or Adult Protective Services. The CPS worker must make a report to the Community Mental Health Program, Community Developmental Disabilities Program, or the local Adult Protective Service office when the CPS worker has reasonable cause to believe:

(i) That any person 18 years of age or older with a mental illness, a developmental disability or a physical disability, or any person 65 years of age or older, with whom the CPS worker comes into contact has suffered abuse.

(ii) That any person with whom the CPS worker comes into contact has abused a person 18 years of age or older with a mental illness, a developmental disability or a physical disability, or any person 65 years of age or older.

(B) Law enforcement.

(i) If the screener did not cross report, the CPS worker must contact one or more law enforcement agencies (LEA) in accordance with the protocols of the local MDT agreement and in accordance with cross reporting rules, OAR 413-015-0300 to OAR 413-015-0310.

(ii) When there is a joint response involving a CPS worker and LEA staff, the CPS worker is still responsible for all of the activities necessary to complete a third party CPS assessment, which are summarized in OAR 413-015-0800 to 413-015-0885. The CPS worker must, in consultation with a CPS supervisor, determine whether to coordinate assessment activities with LEA in the following situations:

(I) Present danger. When the CPS worker has information that indicates that the alleged victim is unsafe right now.

(II)Parent or caregiver cooperation. When the CPS worker has information the parent or caregiver may not allow the CPS worker to observe or interview the alleged victim.

(III)Alleged perpetrator cooperation. When the CPS worker has information the alleged perpetrator may refuse, or has refused to be interviewed by the CPS Worker.

(IV)Child interview. When the CPS worker and the LEA officer must each interview a child, it is preferable to coordinate the interviews to reduce the number of interactions with the child.

(V) Worker safety. When the CPS worker has information that indicates contact with individuals involved in the third party CPS assessment could pose a danger to the CPS worker.

(VI) Crime committed. When the CPS worker suspects or receives a report that a crime may have been committed.

(C) Multi-Disciplinary Teams (MDTs). Department district managers must develop interagency agreements regarding assessment of child abuse, as necessary, with local MDTs. Requirements for MDT protocols are set out in ORS 418.747.

(D) Nine Tribes of Oregon. If the CPS worker knows or has reason to know the alleged victim or a child identified as an alleged perpetrator is an Indian child due to their affiliation with an Oregon Tribe, the CPS worker must notify the Oregon Tribe of the third party CPS assessment within 24 hours unless the screener documented completion of this notification in the referral (see OAR 413-115-0040).

(E) Office of Child Care. The CPS worker must notify and coordinate with the Compliance Unit of the Office of Child Care when a report involves a child care, as required by ORS 419B.020(1).

(F) Office of Developmental Disabilities Services (ODDS). The CPS worker must notify and coordinate with ODDS when a report involves a home certified by ODDS or a child or young adult receiving services from ODDS.

(G) Office of Training, Investigations, and Safety (OTIS). The CPS worker must notify and coordinate with the OTIS when a report involves a setting the OTIS is responsible for investigating as listed in OAR 413-015-0215.

(H) Oregon Youth Authority (OYA). The CPS worker must notify and coordinate with OYA when a report involves a home certified by OYA or a child in the legal custody of OYA.

(I) Probation and parole. The CPS worker must contact probation and parole when the allegation involves an alleged victim or an alleged perpetrator who is supervised by probation or parole.

(J) Public or private schools.

(i) The CPS worker may request school records, including documents and other materials which the education provider must immediately provide as described in ORS 339.388.

(ii) The CPS worker may interview an alleged victim at school if the alleged victim's parent or caregiver has been notified of the third party CPS assessment and is in agreement that the school is the best environment in which to interview the alleged victim.

(iii) ORS 419B.045 provides requirements for third party CPS assessments that are conducted on school premises. The CPS worker must do the following:

(I) Notify the school administrator that a third party CPS assessment must be conducted. If the school administrator is a subject of the third party CPS assessment, then notification is not required.

(II) Report to the school office, provide identification, inform school personnel of the third party CPS assessment, and provide the name of the alleged victim to be interviewed.

(III) Request information from school personnel regarding the disabilities of the alleged victim, if any, prior to an interview with the alleged victim.

(IV) Interview the alleged victim out of the presence of other persons unless the CPS worker believes the presence of a school employee or other person would facilitate the interview. If the CPS worker believes that a school employee does not need to be present, but the school employee insists on being present during the interview, the worker may confer with the CPS supervisor for assistance in handling the situation.

(V) Discuss further actions with the alleged victim at the conclusion of the interview.

(VI) Inform school personnel when the interview has been completed.

(VII) Inform school personnel if the alleged victim is taken into protective custody.

(VIII) Inform school personnel that the CPS worker has notified parents of the interview.

(IX) Contact the CPS supervisor if school officials refuse to allow the third party CPS assessment to take place on school property.

(iv) The CPS worker may not interview a child identified as an alleged perpetrator at school.

(6) Obtain interpreters and translation. The CPS worker must obtain the services of a competent interpreter and competent written translation service for individuals interviewed during the third party CPS assessment, including hearing-impaired individuals, who have limited or no means of communicating in or reading English.

(7) Take photographs. The CPS worker must, during the third party CPS assessment, take photographs and document, as necessary, abuse and the observable nature of any concerns for the alleged victim's safety. Prior to taking photographs, the CPS worker must request parental consent.

(a) As provided in ORS 419B.028, a law enforcement officer or the CPS worker may take photographs for the purpose of documenting the child's condition at the time of the third party CPS assessment.

(b) As provided in ORS 419B.028, if the CPS worker conducting a third party CPS assessment observes a child who has suffered suspicious physical injury and the CPS worker is certain or has a reasonable suspicion that the injury is or may be the result of abuse, the CPS worker, in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, will immediately photograph or cause to have photographed the suspicious physical injuries. Regardless of whether the child has previously been photographed or assessed during a third party CPS assessment, the CPS worker will photograph or cause to be photographed any suspicious injuries if the CPS worker is certain or has a reasonable suspicion the suspicious injuries are the result of abuse:

(A) During the third party CPS assessment of a new allegation of abuse; and

(B) Each time, during the third party CPS assessment, an injury is observed that was not previously observed by the assigned CPS worker.

(c) When a child is photographed pursuant to subsection (b) of this section:

(A) The person taking the photographs or causing to have the photographs taken must, within 48 hours or by the end of the next regular business day, whichever occurs later:

(i) Provide hard copies or prints of the photographs and, if available, copies of the photographs in an electronic format to the designated medical professional; and

(ii) Place photographs in the Child Welfare record labeled with the case name, case number, child's name, and date taken.

(B) If a county multidisciplinary team staffing of the case is held, photographs of the injury will be made available to each team member involved in the case staffing at the first meeting regarding the child's case.

(d) If the alleged victim or the alleged victim's parent or caregiver refuses to allow the CPS worker to take photographs in accordance with ORS 419B.023, immediately consult with a CPS supervisor and refer to OAR 413-015-0850.

(e) The CPS worker must document injuries, hazardous environments, and the observable nature of any concerns for the alleged victim's safety in the third party CPS assessment narrative by use of photographs, written description, or illustrations.

(f) Photographs of the anal or genital region may be taken only by medical personnel.

(8) Obtain medical assessment. The CPS worker must, during the third party CPS assessment as required in this section, facilitate a medical assessment of the alleged victim and obtain medical history when necessary to determine a disposition or analyze safety-related information.

(a) When the CPS worker determines that a medical assessment is needed as part of a third party CPS assessment, the CPS worker must consult with a CPS supervisor as soon as possible, but not at the expense of delaying medical treatment.

(b) If a person conducting an third party CPS assessment under ORS 419B.020 observes a child who has suffered suspicious physical injury as defined in ORS 419B.023 and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse, the person must, in accordance with the protocols and procedures of the county multi-disciplinary team described in ORS 418.747, ensure that:

(A) A designated medical professional conducts a medical assessment within 48 hours of the observation of the suspicious physical injury, or sooner if dictated by the child's medical needs; or

(B) An available physician, physician assistant, or nurse practitioner conducts a medical assessment if, after reasonable efforts to locate a designated medical professional, a designated medical professional is not available to conduct a medical assessment within 48 hours. The CPS worker is required to document in the Child Welfare electronic information system efforts to locate the designated medical professional when an available physician, physician assistant, or nurse practitioner is used.

(c) The CPS worker must facilitate an assessment by a medical professional if the alleged abuse involves injury to the anal or genital region.

(d) To make arrangements for the medical examination, the CPS worker must do the following, unless completing the action would delay medical treatment or result in severe harm:

(A) Discuss with the parent or caregiver the need for medical examination or treatment and request their consent.

(B) Ask the parent or caregiver to take the child or young adult to a medical facility for a medical examination or treatment.

(C) Request that the parent sign a form DHS 2099, "Authorization for Use and Disclosure of Information."

(D) If the alleged victim's parent or caregiver does not consent to the medical assessment pursuant to subsection (b) of this section or actions outlined in subsection (d) of this section, as required by ORS 419B.023, the CPS worker must immediately consult with a CPS supervisor and refer to OAR 413-015-0850.

(E) Immediately seek medical care and consultation when there may be a life-threatening condition, or a deteriorating condition that may become life-threatening.

(F) As soon as possible and not later than 24 hours after learning of the exposure, make arrangements to test for chemical exposure to harmful substances when there is reason to believe an alleged victim has been exposed to dangerous chemicals such as those found in a chemical drug lab.

(e) When there are indications of severe physical trauma, the CPS worker must make arrangements to immediately transport to a medical facility, which may include calling 911. The CPS worker must also make arrangements for medical examination for mild or moderate physical trauma.

(f) When a report of suspected medical neglect of an infant with a disability and with life-threatening conditions is referred for third party CPS assessment, the assigned CPS worker must comply with OAR 413-020-0600 to 413-020-0650.

(g) When it is medically indicated to subject a child in the custody of the Child Welfare to HIV testing, the CPS worker must comply with OAR 413-040-0400 to 413-040-0450.

(h) As provided in ORS 147.425, a child who is the victim of a person crime and is at least 15 years of age at the time of the abuse may have a personal representative present during a medical examination. If a CPS worker believes that a personal representative would compromise the third party CPS assessment, a CPS worker may prohibit a personal representative from being present during the medical examination.

(i) When the CPS worker is assessing medical neglect, the CPS worker must consult with a health care professional as part of the third party CPS assessment.

(9) Obtain psychological and psychiatric evaluations.

(a) The CPS worker must obtain consent of the parent or caregiver prior to making a referral for a psychological or psychiatric evaluation of the alleged victim.

(b) The CPS worker must make a referral for a psychological or psychiatric evaluation of the alleged victim by a mental health professional if the evaluation is necessary to determine a disposition or analyze safety-related information during the third party CPS assessment.

(10) Make efforts to locate. When the alleged victim is a child or young adult in substitute care who is missing, the CPS worker must collaborate with the assigned caseworker in attempting to locate the alleged victim.

Or. Admin. R. 413-015-0815

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 85-2023, amend filed 10/24/2023, effective 11/1/2023; 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 418.747, ORS 418.785, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327