Or. Admin. Code § 419-400-0310

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

Section 419-400-0310 - Licensing Umbrella Rules: Notifications Involving a Child-caring Agency

(1) Oregon law requires the Department to make notifications involving a child-caring agency when the Department:

(a) Receives a report of suspected violation;

(b) Assigns a report of abuse for investigation;

(c) Makes an abuse determination on a report of abuse; or

(d) Takes a licensing action under OAR 419-400-0280.

(2) This rule describes the notifications that are made by personnel within the Children's Care Licensing Program who are designated by the Director of the Department to receive information regarding child-caring agencies under ORS 418.260(5), screen it to determine if notifications are required, and document and track notifications made.

(3) When a report of suspected violation is received, the Department must:

(a) Immediately notify:

(A) Department personnel responsible for licensing child-caring agencies and investigating complaints under OAR 419-400-0250;

(B) Department personnel responsible for ensuring contract compliance under OAR 413-090-0090;

(C) Any Department caseworker assigned to the child in care named in the report, if applicable; and

(D) All other Department personnel who are appropriate given the nature and circumstances of the report.

(b) Notify OYA if the child-caring agency is known or found to serve children also served by OYA.

(c) Notify any county juvenile department if the child-caring agency is known or found to serve children also served by a county juvenile department.

(d) Notify a contact person designated by the child-caring agency as the authority responsible for such reports.

(4) When a report of abuse of a child in care involving a child-caring agency is received, notifications are made as provided in this section.

(a) When a report if assigned for investigation, the Department must:

(A) Immediately notify:

(i) Department personnel responsible for licensing child-caring agencies and investigating complaints under OAR 419-400-0250;

(ii) Department personnel responsible for ensuring contract compliance under OAR 413-090-0090;

(iii) ODDS if the child-caring agency is known or found to serve children also served by ODDS;

(iv) Any Department caseworker assigned to the child in care named in the report, if applicable;

(v) Any governmental agency that has a contract with the child-caring agency to provide services to the child in care named in the report; and

(vi) All other Department personnel who are appropriate given the nature and circumstances of the report.

(B) Notify OYA if the child-caring agency is known or found to serve children also served by OYA.

(C) Notify any county juvenile department if the child-caring agency is known or found to serve children also served by a county juvenile department.

(D) Notify a contact person designated by the child-caring agency as the authority responsible for such reports.

(E) When the child in care named in the report does not have an open Child Welfare case, notify the parents or guardians of the child in care and any legal parties to the child's case, if applicable, such as attorneys and the child's tribe.

(b) When an abuse determination is made on a report, the Department must:

(A) Notify everyone notified under subsection (a) of this section of the abuse determination; and

(B) When the abuse determination is substantiated, notify:

(i) The Director of the Department; and

(ii) The Director of the Office of Child Welfare Programs.

(c) When an abuse determination is changed on a report, the Department must notify everyone previously notified that the abuse determination has been changed.

(5) When the Department places conditions on a license, or suspends or revokes a license under OAR 419-400-0280, the Department must notify:

(a) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to a child; and

(b) The governing board for the child-caring agency.

(6) Information provided under this rule may only be disclosed consistent with state and federal law and Department rules. Information may not be disclosed if disclosure would hinder an investigation or place a child at risk.

Or. Admin. Code § 419-400-0310

CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16; CWP 21-2017, renumbered from 413-080-0070, filed 12/29/2017, effective 12/29/2017; CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; Renumbered from 413-215-0136 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 5-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 418.005, ORS 418.240 & ORS 419B.035

Statutes/Other Implemented: ORS 418.005, ORS 419B.005 - 419B.050 & ORS 418.205 - 418.327