Or. Admin. R. 413-080-0053

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-080-0053 - When a Child or Young Adult in Substitute Care Is Missing

(1) When a caseworker receives information that a child or young adult in substitute care is missing, the caseworker must:

(a) Make immediate efforts to locate the child or young adult;

(b) Ensure law enforcement agencies and the National Center for Missing and Exploited Children (NCMEC) are notified immediately and in no case later than 24 hours after receiving information on the missing child or young adult, and must include, where reasonably possible:

(A) A photo of the missing or abducted child or young adult;

(B) A description of the child's or young adult's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and

(C) Endangerment information, such as the child's or young adult's pregnancy status, prescription medications, suicidal tendencies, vulnerability to sex trafficking, and other health or risk factors.

(c) Maintain regular communication with law enforcement agencies and NCMEC about recovery efforts.

(d) As soon as practicable, ensure the court and legal parties to the case are notified, unless notification may jeopardize the safety of the child or young adult or interfere with an investigation.

(2) When a child or young adult missing from substitute care is located, the caseworker must:

(a) Determine and, to the extent possible, address the primary factors that contributed to the missing status of the child or young adult;

(b) Determine the child or young adult's experiences while missing;

(c) Determine if the child or young adult is a sex trafficking victim or at risk of being a sex trafficking victim;

(d) Inform law enforcement agencies and NCMEC of the recovery and circumstances related to the recovery; and

(e) Ensure the court and legal parties to the case are notified that the child or young adult has been located.

(3) Documentation.

(a) When a child or young adult in substitute care is missing, the caseworker must document the following in the Department's electronic information system:

(A) Efforts made to locate the missing child or young adult; and

(B) The notifications in subsection (b) of section (1) of this rule.

(b) When a missing child or young adult is located, the caseworker must document the following in the Department's electronic information system:

(A) The determinations and notifications made in subsections (a) to (d) of section (2) of this rule; and

(B) Any actions taken to address the primary factors that contributed to the missing status of the child or young adult.

Or. Admin. R. 413-080-0053

CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16; CWP 27-2015, f. 12-28-15, cert. ef. 1/1/2016; CWP 20-2016(Temp), f. & cert. ef. 11-1-16 thru 4-29-17; CWP 24-2016, f. 12-23-16, cert. ef. 1/1/2017; CWP 72-2023, temporary amend filed 07/03/2023, effective 7/3/2023through 12/29/2023; CWP 84-2023, amend filed 10/23/2023, effective 11/1/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005