Or. Admin. R. 413-015-0820

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

Section 413-015-0820 - Make Initial Contact on a Third Party CPS Assessment

(1) The CPS worker must make an initial contact, within the assigned response timeline, unless:

(a) A CPS worker determines delaying contact will not compromise child safety or the gathering of time-sensitive information; and

(b) The CPS supervisor approves delaying initial contact because additional time is required to:

(A) Collaborate with law enforcement;

(B) Schedule forensic interviews; or

(C) Ensure a trauma-informed response.

(2) The CPS worker must provide advanced notification to the Indian tribe of any intent to make contact with an individual on a reservation (as defined in OAR 413-115-0000).

(3) The following outlines contacts the CPS worker is required to attempt and, when possible, complete at initial contact. The CPS worker must:

(a) Have face-to-face contact with and interview the alleged victim. The purpose of the face-to-face contact and interview with the alleged victim is to gather information regarding possible abuse, gather information about the alleged victim's functioning and vulnerability, and assess immediate safety.

(A) Interview and observe the alleged victim as follows:

(i) The CPS worker must make diligent efforts to notify alleged victim's parent or caregiver of the third party CPS assessment and request to interview the alleged victim.

(ii) If the CPS worker is unsuccessful, the CPS worker must document in the Child Welfare electronic information system all attempted contacts and the dates of those attempted contacts.

(iii) When the CPS worker makes contact at home and the parent or caregiver is not present the CPS worker must wait until the parent or caregiver is present and allows the interview.

(iv) When the CPS worker is denied access to the alleged victim, the CPS worker must, if there is reason to believe the alleged victim may be unsafe, consult with a CPS supervisor and refer to OAR 413-015-0850 as any identified safety concerns must be addressed on a familial case. If the referral indicates that the alleged victim is presently safe, the CPS worker must consider the following:

(I) Attempting to contact other persons who may have relevant information regarding the referral;

(II) Persisting in attempts to gain cooperation from the parents or caregivers, depending on the known safety information;

(III) Consult with the CPS supervisor.

(v) The CPS worker must conduct interviews in a manner that assures privacy.

(vi) If the parent or caregiver might impede the interview, the CPS worker must attempt to interview outside the presence of their parents or caregivers.

(vii) A CPS worker must allow a child who is the victim of a person crime as defined in ORS 147.425 and is at least 15 years of age at the time of the abuse to have a personal representative be present during an interview. If a CPS worker believes that the personal representative would compromise the third party CPS assessment, the CPS worker may prohibit a personal representative from being present during the interview.

(viii) The CPS worker must observe injuries or signs of abuse. The CPS worker may need to remove the alleged victim's clothing to make adequate observations. In that event, the CPS worker must:

(I) Use discretion and make the alleged victim as comfortable as possible.

(II) Seek a parent or caregiver's consent.Request their assistance when possible and appropriate.

(III) Consider requesting a worker or other support person be present to serve as a witness and provide comfort.

(ix) The CPS worker may observe injuries to the anal or genital region if the alleged victim is not school aged and if the injury can be observed without the CPS worker touching the anal or genital region.

(B) The CPS worker must notify the parents or caregivers the same day the interview occurred. If notification could make a child or adult unsafe, immediately consult with a CPS supervisor and refer to OAR 413-015-0850.

(b) Interview the parent or caregiver. The purpose of this interview is to find out what the parent or caregiver knows about the alleged abuse, gather safety related information, and gather information to determine if the parent or caregiver is willing and able to protect the alleged victim from the alleged perpetrator.In order to gather sufficient information to make those determinations, face-to-face contact with the parent or caregiver may be required.

(A) Whenever practicable, the CPS worker must interview all parents and caregivers as outlined in OAR 413-015-0822.

(B) The CPS worker must provide each parent or caregiver with a "What you need to know about a Child Protective Services Third Party CPS Assessment" pamphlet, which includes written information regarding the third party CPS assessment process, and the rights of the parent and/or caregiver.

(C) The CPS worker must interview the non-custodial legal parent during the third party CPS assessment. This is not required during the initial contact but must be completed as part of the assessment process because the non-custodial parent may have essential information. If the interview of the non-custodial legal parent may make a child or adult unsafe, a CPS supervisor may authorize an exception to this requirement based on written documentation that supports the conclusion that an interview with a non-custodial legal parent should not be conducted.

(c) Interview the alleged perpetrator. The purpose of this interview is to evaluate the alleged perpetrator's reaction to allegations of abuse as well as to the alleged victim and their condition, and to gather further information about the alleged perpetrator in relation to the safety of the alleged victim. In order to gather sufficient information, face-to-face contact with the alleged perpetrator may be required.

(A) When interviewing the alleged perpetrator, the CPS worker must:

(i) Coordinate the interviews of the alleged perpetrator with LEA when law enforcement is conducting an investigation;

(ii) Consult with a CPS supervisor if an interview with the alleged perpetrator could make a child or adult unsafe and refer toOAR 413-015-0850;

(iii) Provide the alleged perpetrator with a written notice that a criminal records check may be conducted on them; and

(iv) Make inquiries about the employment status of the alleged perpetrator. If the CPS worker has reasonable cause to believe the alleged perpetrator is an employee of any program, office, or division of the Department of Human Services (DHS) or OYA, the CPS worker must notify a CPS supervisor. The CPS supervisor must notify the DHS Office of Human Resources at the time of the assessment and at the time the assessment is reviewed as required in OAR 413-015-0475. The CPS supervisor must document the notifications in the Child Welfare electronic information system.

(B) In addition to subsection (A), if a child has been identified as an allegedperpetrator, the CPS worker must also:

(i) Make diligent efforts to notify the child's parent or caregiver of the third party CPS assessment and request to interview the child.

(ii) Ask the child identified as an alleged perpetrator questions to determine if the child is alleged victim of abuse. If it is determined there is report of abuse, the information must be reported to a screener.

(4) Gather safety related information through interviews and observation. The CPS worker must begin to gather safety related information through interviews and observation as outlined in OAR 413-015-0822.

(5) Determine if there is a present danger safety threat. During the initial contact with the alleged victim, the CPS worker must determine, based on the information obtained at that time, if there is a present danger safety threat. If there is reason to believe a child is unsafe, refer to OAR 413-015-0850.

(6) Documentation of the Initial Contact. The CPS worker must document the dates of attempted and successful contacts in the Child Welfare electronic information system. If it was not possible during the initial contact for the CPS worker to successfully complete a required contact, the CPS worker must document why contact was not made and must complete the face-to-face contact and interview as soon as possible.

Or. Admin. R. 413-015-0820

CWP 20-2021, temporary adopt filed 09/30/2021, effective9/30/2021 through 3/28/2022; CWP 5-2022, adopt filed 03/28/2022, effective 3/28/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 147.425, ORS 409.185, ORS 418.015, ORS 418.747, ORS 418.785 & ORS 419B.005 - 419B.050