Or. Admin. Code § 413-015-0305

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

Section 413-015-0305 - Cross Reporting Requirements

(1) Who is required to cross report and to whom.

(a) When a report of abuse is received by the Oregon Child Abuse Hotline, Oregon Child Abuse Hotline staff must cross report to a law enforcement agency in the county where the alleged abuse occurred, unless the county where the alleged abuse occurred is unknown, in which case, cross report to the law enforcement agency in the county where the alleged victim resides, unless the county where the alleged victim resides is unknown, in which case, cross report to the law enforcement agency in the county where the reporter made contact with the alleged victim or the alleged perpetrator.

(b) When a report of abuse is received by a law enforcement agency, the law enforcement agency must cross report to Child Welfare by reporting to the Oregon Child Abuse Hotline.

(2) What to include in a cross report. A cross report from either the Oregon Child Abuse Hotline or law enforcement agencies must include:

(a) The information provided by the person making the report of abuse. This may include the name of and contact information for the confidential reporter, the names and addresses of the child, the names and addresses of the child'sparent or caregiver, the child's age, the nature and extent of the abuse, any evidence of previous abuse, the explanation given for the abuse, where the abuse occurred, identity and whereabouts of the alleged perpetrator, and any other information provided by the person making the report that would be helpful in establishing the cause of the abuse and the identity and whereabouts of the alleged perpetrator; and

(b) The name and contact information for the assigned CPS worker and officer, if known.

(3) 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).

(4) When and how to cross report.

(a) The Oregon Child Abuse Hotline. When and how the Oregon Child Abuse Hotline must cross report to a law enforcement agency is described below.

(A) The same day.

(i) The Oregon Child Abuse Hotline must cross report to a law enforcement agency on the same day a screener determines that a report of alleged abuse requires a within 24 hours response by Child Welfare or immediate notification to law enforcement. This requirement includes, but is not limited to, any reports of:

(I) Moderate to severe physical abuse;

(II) Visible injuries to a child;

(III) Sexual abuse; or

(IV) Suspicious or unexpected death of a child.

(ii) The reports of abuse that the Oregon Child Abuse Hotline cross reports on the same day must be cross reported in one of the following ways:

(I) Verbal cross report. When a cross report is verbal, and Child Welfare and law enforcement do not respond to the report of abuse together, a completed screening report form must be sent to the law enforcement agency.

(II) Electronic transmission.

(B) No later than 10 days.

(i) All other reports of abuse, including reports assigned for CPS assessment and closed at screening, must be cross reported within a time frame that ensures the receipt of the cross report by law enforcement no later than 10 calendar days after receiving the report.

(ii) The reports of abuse that the Oregon Child Abuse Hotline cross reports within a time frame that ensures the receipt of the cross report no later than 10 calendar days must be cross reported by phone or electronic transmission.

(C) Oregon Child Abuse Hotline cover sheet. In order for law enforcement agencies to quickly and easily prioritize reports and respond accordingly, all written cross reports from the Oregon Child Abuse Hotline must have a cover sheet. The following information must be included on the cover sheet:

(i) Date and time of the cross report;

(ii) How the cross report is made;

(iii) If additional cross reports occurred, and if so, to what agencies;

(iv) Name and number of the screener;

(v) If the report was assigned or not assigned;

(vi) Name and number of the assigned caseworker;

(vii) Cross reporting time frame;

(viii) If the report is an original or follow-up cross report; and

(ix) Date of the original cross report, if it is a follow-up cross report.

(D) Supplemental cross reporting by the Oregon Child Abuse Hotline. The Oregon Child Abuse Hotline may receive information not previously cross reported but apparently related to a report of abuse involving the same victim and the same alleged perpetrator that has been previously cross reported. If the information relates to the same incident of abuse, the Oregon Child Abuse Hotline staff must make a supplemental cross report of the additional information to each law enforcement agency that received the prior cross report. Supplemental information that is determined to be critical, given the information in the original report, must be cross reported immediately. All other supplemental information must be cross reported within a time frame that ensures the receipt of the information no later than 10 calendar days after the information was received.

(b) Law enforcement. When and how law enforcement agencies must cross report to the Oregon Child Abuse Hotline is described below.

(A) Immediate.

(i) Law enforcement agencies must cross report to the Oregon Child Abuse Hotline immediately when a law enforcement agency determines that a report of alleged abuse requires a joint immediate response.

(ii) The reports of abuse that law enforcement agencies cross report immediately must be cross reported by verbal cross report to the Oregon Child Abuse Hotline without delay.

(B) Next business day.

(i) Law enforcement agencies must cross report to the Oregon Child Abuse Hotline all other reports of abuse no later than the end of the next business day after receiving the report.

(ii) The reports of abuse that law enforcement agencies cross report no later than the end of the next business day must be cross reported in one of the following ways:

(I) Verbal report.

(II) Electronic transmission.

(III) Hand delivery.

Or. Admin. Code § 413-015-0305

CWP 25-2003, f. & cert. ef. 7-1-03; CWP 14-2004, f. 7-30-04, cert. ef. 8-1-04; CWP 4-2005, f. & cert. ef. 2-1-05; CWP 18-2005(Temp), f. 12-30-05 cert. ef. 1-1-06 thru 6-30-06; CWP 13-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 3-2007, f. & cert. ef. 3-20-07; CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; CWP 51-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 70-2018, minor correction filed 07/05/2018, effective 7/5/2018; CWP 117-2018, temporary amend filed 11/26/2018, effective 11/26/2018 through 05/24/2019; CWP 21-2019, amend filed 04/05/2019, effective 4/5/2019; CWP 10-2022, amend filed 06/23/2022, effective 7/1/2022; CWP 21-2024, amend filed 06/18/2024, effective 6/18/2024

Statutory/Other Authority: ORS 418.005, ORS 419B.017 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 419B.017 & ORS 419B.015