Or. Admin. Code § 413-017-0070

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

Section 413-017-0070 - Assigning a CIRT

(1) The Department director or designee must assign a CIRT every time a fatality is determined to be a critical incident.

(2) The Department must assign a CIRT no later than the earlier of:

(a) Ten days after the Department becomes aware of a fatality that the department reasonably believes is the result of child abuse; or

(b) Seven days after the Department causes an investigation under ORS 419B.020 to be made into the nature and cause of a fatality when the department reasonably believes the fatality is the result of child abuse

(3) Membership of a CIRT:

(a) CIRT members must include:

(A) The director or a deputy director of the Department;

(B) The Child Welfare director or Child Welfare deputy director;

(C) A representative from the Department's Office of Communications.

(b) CIRT members may include:

(A) An attorney from the Department of Justice assigned to provide legal advice and representation to the Department on the matter of the critical incident;

(B) A CPS Program Manager or designee;

(C) A CIRT Coordinator

(D) Members of the public as appropriate;

(E) A juvenile court judge appointed by the Chief Justice of the Oregon Supreme Court;

(F) A member of a local citizen review board established under ORS 419A.090 whose service area does not include the location where the critical incident occurred;

(G) A state Senator appointed by the President of the Senate and a state Representative appointed by the Speaker of the House of Representatives. A state Senator or state Representative is ineligible for appointment to a CIRT if:

(i) The critical incident occurred in the person's district;

(ii) The person had prior contact with or knowledge of the deceased child or the deceased child's family;

(iii) The person is a family member of any person associated with the case.

(H) The District Manager for the county in which the critical incident occurred;

(I) The Program Manager for the local Child Welfare office in which the critical incident occurred;

(J) Child Welfare supervisors assigned to supervise the caseworkers involved in the identified case;

(K) The Department supervisors assigned to supervise Department personnel responsible for certification or licensing, if the incident involved a child living in a home certified by the Department or an agency licensed by the Department; and

(L) A representative of an Indian tribe;

(M) A Designated Medical Professional;

(N) Other Department personnel as appropriate.

(4) Once a CIRT has been assigned by the Department Director, it cannot be recalled. If the Department's investigation into the critical incident results in a finding that the report of child abuse is unfounded or cannot be determined as described in ORS 491B.036, the Department shall prepare and submit a final CIRT report as required under ORS 413-017-0085

(5) The Department must immediately make the following information regarding the critical incident available on the Department's public website:

(a) The date of the critical incident and the age of the deceased child;

(b) Whether the child was in the custody of the Department at the time of the critical incident or the fatality;

(c) Whether there was an open CPS assessment under ORS 419B.020 regarding the child at the time of the critical incident or the fatality;

(d) The date the Department assigned the CIRT;

(e) The due date for the CIRT's final report.

Or. Admin. Code § 413-017-0070

CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18; CWP 18-2018, adopt filed 03/06/2018, effective 3/6/2018; CWP 47-2019, amend filed 09/27/2019, effective 10/1/2019

Statutory/Other Authority: ORS 418.005 & ORS 419B.024

Statutes/Other Implemented: ORS 418.005 & ORS 419B.024