Or. Admin. Code § 413-015-0822

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

Section 413-015-0822 - Gather Safety Related Information Through Interview and Observation on a Third Party CPS Assessment

(1) The CPS worker must gather relevant information and facts necessary to complete all parts of the third party 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 as it relates to the alleged victim and, if applicable, a child identified as an alleged perpetrator; and

(d) Adult functioning as it relates to an alleged perpetrator.

(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 a survivor is not an alleged perpetrator, consider interviewing the survivor 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:

(A) Present identification at the beginning of the interview and provide a business card or other document containing the CPS worker's name and contact information;

(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 alleged perpetrator interviewed to respond to each allegation;

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

(E) Focus the interview on gathering safety related information, and information to determine if the parent or caregiver is willing and able to protect the alleged victim from the alleged perpetrator;

(F) Assess whether there are elements of power and control or coercive tactics consistent with domestic violence present in the information gathered;

(G) When there is an infant in the household, provide educational material about safe sleep practices;

(H) Summarize and discuss the initial impressions and intentions resulting from the interview with the parents 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 third party CPS assessment;

(J) Ask the parents or 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;

(K) Ask the parents or caregivers to give Child Welfare permission to have the alleged victim medically examined and photographed, if necessary; and

(L) Inform the parents, caregivers, and alleged perpetrators or the parents or caregivers of the alleged perpetrator about the Child Welfare grievance procedure.

(3) Observation.

(a) The CPS worker must observe the alleged victim to assess:

(A) Physical condition of the alleged victim, including any observable effects of abuse; and

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

(b) The CPS worker must make diligent efforts to have face to face contact with the parents or caregiver if face to face observation is necessary to gather sufficient information to make a disposition or determine whether the parents or caregivers can protect the child from the alleged perpetrator.

(c) The CPS worker must make diligent efforts to observe the home environment of the alleged victim and/or the alleged perpetrator if necessary to gather sufficient information to make a disposition.

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

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

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

(B) Identify and refer to appropriate services; and

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

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

Or. Admin. Code § 413-015-0822

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 419B.005 - 419B.050