Or. Admin. Code § 413-015-0409
Current through Register Vol. 63, No. 12, December 1, 2024
Section 413-015-0409 - Exception to Completing a CPS Assessment or CPS Assessment Activities(1) Exception to Completing a CPS Assessment. (a) The only exception to completing a CPS assessment required by these rules (OAR 413-015-0400 to 413-015-0485) on an assigned referral is when a CPS worker, in consultation with a CPS supervisor or designee, determines that the referral does not require a CPS assessment because:(A) The referral was opened in error; or(B) There is no longer an allegation of abuse. The CPS worker received information after being assigned the referral and that information in combination with the corresponding screening report no longer constitutes a report of abuse as defined in ORS 419B.005 or, when applicable, ORS 418.205 - 418.327. This exception may be used only when the CPS worker and the CPS supervisor or designee determine the information:(i) Is not from the alleged perpetrator;(ii) Relates directly to and specifically negates all allegations in the screening report; and(iii) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.(b) The exception in section (1) of this rule is not permitted and a CPS assessment must be completed when the CPS worker has already made contact with the parent, caregiver, or alleged victim, unless: (A) The parent, caregiver, or alleged victim is the original reporter.(B) The report was documented under the wrong case and the corrected report is created.(C) The alleged victim never existed;or(D) The alleged victim is no longer a child;(c) If contact was made as described in subsection (b), the contact must be documented in the CPS assessment, even if the exception in subsection (a) is granted.(d) If the exception in subsection (a) is granted, the local Child Welfare office is responsible for sending written notice to the alleged perpetrator that a criminal records check was conducted, as described in OAR 413-015-1120, using the form provided by the Department, unless the notification is completed by the Oregon Child Abuse Hotline. Sending this notice is not considered contact for the purpose of subsection (b).(2) Exception to Completing CPS Assessment Activities. The only exception to completing all requirements of a CPS assessment outlined in these rules (OAR 413-015-0400 to 413-015-0485) is when the following subsections apply:(a) The CPS worker has gathered sufficient information to make a safety determination and the alleged victim is safe;(b) The CPS worker has gathered sufficient information to make a disposition as required by OAR 413-015-1015 and the disposition is unfounded; and(c) The criteria outlined in the "Exception to Completing CPS Assessment Activities" procedure are met.(3) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.Or. Admin. Code § 413-015-0409
CWP 3-2007, f. & cert. ef. 3-20-07; CWP 6-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 12-24-08; CWP 20-2008, f. & cert. ef. 9-2-08; CWP 13-2009, f. 10-1-09, cert. ef. 10-2-09; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; CWP 17-2014, f. & cert. ef. 12/24/2014; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12/1/2016; 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 72-2018, minor correction filed 07/05/2018, effective 7/5/2018; CWP 105-2020, minor correction filed 02/18/2020, effective 2/18/2020; CWP 47-2023, minor correction filed 05/16/2023, effective 5/16/2023; CWP 2-2024, amend filed 01/29/2024, effective 2/1/2024Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 419B.026