Or. Admin. Code § 413-015-0211

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-015-0211 - Report of Abuse

(1) The screener must gather the following relevant information to the extent it is known by the reporter:

(a) The extent of the alleged abuse;

(b) The circumstances surrounding the alleged abuse;

(c) Demographics;

(d) Race and ethnicity;

(e) Languages spoken;

(f) Contact information;

(g) The location of the family's residence and where the alleged abuse may have occurred; and

(h) Whether the child has or may have American Indian or Alaska Native heritage.

(2) The screener may only make efforts to gather additional information from collateral contacts and law enforcement when there is insufficient information to assign the report for CPS assessment and:

(a) The information gathered from the reporter is concerning; and

(b) The collateral contact or law enforcement data is likely to supplement the report with sufficient information to make the screening decision.

(3) The screener must review the Child Welfare history, if any, of the alleged victim, every identified child or young adult, parent, caregiver, and household member for the report dates, types of abuse alleged, screening decisions and CPS assessment dispositions.

(4) The screener must assign the report for CPS assessment if:

(a) The information received constitutes a report of abuse as defined in OAR 413-015-0115(1)(a) of a child; and is the responsibility of Child Welfare to assess.

(b) The information received constitutes a report of abuse of a child as defined in OAR 413-015-0115(1)(a) or a report of abuse of a child or young adult as defined in OAR 413-015-0115(1)(b); and involves a resource family or respite provider certified by Child Welfare.

(c) The screener determines the current report would be the fourth or greater consecutive report closed at screening regarding the same child or household and there is at least one child in the home who is less than five years of age, unless an exception has been approved by the Oregon Child Abuse Hotline program manager or designee; or

(d) A Tribe, LEA, or OTIS requests assistance from CPS with an investigation of abuse, and a screening supervisor agrees that assistance from CPS is appropriate.

(5) When a determination is made to assign a report for CPS assessment, the screener must determine the response timeline as follows:

(a) Within 24 hours.

(b) Within 72 hours.

(c) Within 10 business days.

(6) The screener must refer all reports that meet the criteria to assign for CPS assessment to a local Child Welfare office as follows:

(a) Except as described in subsection (7)(b) or (c), the screener must refer the CPS assessment to the local office assigned to the address where the alleged victim resides, and that county is responsible for completing the CPS assessment.

(b) When the alleged abuse involved in a resource family or respite provider certified by Child Welfare, the screener must refer the CPS assessment to the local office assigned to the address where the alleged abuse occurred, and that local office is responsible for completing the CPS assessment.

(c) When the alleged victim is placed in a Behavioral Rehabilitation Service or other residential program, the screener must refer the CPS assessment to the local office where the familial case is currently open.

(d) Any exception to (a), (b) or (c) of this section must be made in consultation with the Child Welfare program managers in the affected local offices.

(7) The screener must close the report at screening if one of the following subsections applies:

(a) The screener determines that information received:

(A) Does not constitute a report of abuse and the screener determines that the information describes behaviors, conditions, or circumstances that pose a risk to a child; or

(B) Is a historical report of abuse and the screener determines that alleged perpetrator is deceased and the death of the alleged perpetrator was unrelated to the report of abuse.

(C) Is a report of abuse and the information indicates the alleged abuse occurred in another country and the alleged perpetrator is located in another country; or

(D) Alleged perpetrator is a child and resides in another state

(E) Child is a resident of another state.

(F) Child is resident of both Oregon and another state, and the other state is responding.

(G) Is a notification described in OAR 413-015-0214, "Notifications Closed at Screening".

(b) When a report is received, but the screener, after extensive efforts, is unable to obtain sufficient information to locate the alleged victim. Name and exact address are not necessary if a location is obtained.

(8) The Oregon Child Abuse Hotline staff must redact from the screening report a child's statement about their sexual orientation, gender identity or gender expression prior to a verbal or electronic external notification, unless an exemption allowing disclosure is permitted as described in ORS 409.225(8), 419B.035(8), 419B.881(6).

(9) The Oregon Child Abuse Hotline staff must cross report to law enforcement as required by OAR 413-015-0305(1).

(10) The Oregon Child Abuse Hotline staff must complete the following external notifications:

(a) Notification of law enforcement.

(A) No later than 24 hours, when information is received from a caseworker that a child or young adult on an open CPS assessment or a child or young adult on an open Child Welfare case is identified as a sex trafficking victim.

(B) Immediately when information gathered indicates a current suspicious physical injury.

(C) Immediately when a crime is suspected to have occurred even if unrelated to a report of abuse:

(i) To a child or young adult living with a resource family or receiving services from a respite provider certified by Child Welfare, or

(ii) At the home of a resource family or respite provider certified by Child Welfare.

(b) Notification of Office of Developmental Disabilities Services (ODDS) when a report involves a child or young adult receiving services from ODDS.

(c) Notification of federally recognized Tribes when the screener knows or has reason to know that the child is an Indian child. A copy of the report must be sent to the Tribe within 24 hours of the screening decision and after information related to the reporter's identity is removed.

(d) Notification of the reporter.

(A) When a screener determines a report will be assigned, the screener must notify the reporter that if contact information is provided, efforts will be made by the CPS worker to inform the reporter at a later date if contact with the alleged victim was made, if abuse occurred, and if services will be provided.

(B) When a screener determines a report will be closed at screening, the screener must notify the reporter of the following:

(i) Contact with the alleged victim will not be made;

(ii) An abuse determination will not be made; and

(iii) Whether services will be provided.

(e) Notification of Community Mental Health Program, Community Developmental Disabilities Program, or Adult Protective Services. The screener must make a report to the Community Mental Health Program, Community Developmental Disabilities Program, or the local Adult Protective Services office when the screener has reasonable cause to believe:

(A) 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 reporter comes into contact has suffered abuse; or

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

(11) The screener must obtain approval from the screening supervisor or designee prior to making a decision not to document information gathered.

(12) The screening supervisor or designee must review all closed at screening reports no later than 10 days from the date and time the report was received by the Oregon Child Abuse Hotline.

Or. Admin. Code § 413-015-0211

CWP 16-2005, f. & cert. ef. 12-1-05; CWP 3-2007, f. & cert. ef. 3-20-07; CWP 25-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 7-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 15-2009, f. & cert. ef. 11-3-09; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; 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 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 17-2016, f. & cert. ef. 9/29/2016; CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; CWP 27-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 06/29/2018; CWP 51-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 64-2018, minor correction filed 07/05/2018, effective 7/5/2018; CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019; CWP 24-2019, temporary amend filed 05/01/2019, effective 5/2/2019through 10/01/2019; CWP 46-2019, amend filed 09/27/2019, effective 9/30/2019; CWP 55-2019, amend filed 12/30/2019, effective 1/1/2020; CWP 127-2020, amend filed 05/29/2020, effective 6/1/2020; CWP 7-2021, amend filed 03/01/2021, effective 3/1/2021; CWP 10-2022, amend filed 06/23/2022, effective 7/1/2022; CWP 85-2023, amend filed 10/24/2023, effective 11/1/2023; CWP 2-2024, amend filed 01/29/2024, effective 2/1/2024; CWP 21-2024, amend filed 06/18/2024, effective 6/18/2024

Statutory/Other Authority: ORS 418.005, ORS 418.205-418.327, ORS 419B.024 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 418.205-418.327 & ORS 419B.024