Or. Admin. Code § 413-060-0430

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

Section 413-060-0430 - Assessment

(1) Preliminary Assessment. Assessment for treatment planning of juveniles with sexually aggressive behaviors should proceed only after adjudication has occurred:

(a) The goals of sexual offender specific treatment are:

(A) To stop sexually offending behavior;

(B) To protect members of society from further sexual victimization;

(C) To prevent other aggressive or abusive behaviors which the offender may manifest; and

(D) To promote healthy sexual development.

(b) When juveniles have sexually assaulted family members within their own home, it is strongly recommended that the offending juvenile be placed outside the home in the least restrictive environment that allows for community safety, or where the assessment indicates. Offenders should not be placed in homes where other children may be endangered. They should be in settings where their behavior can be adequately monitored and controlled;

(c) For the purposes of treatment of sexually aggressive juveniles, it is essential to first evaluate and thoroughly assess each individual and determine the extent of the offending behavior. An assessment must include the following areas:

(A) Victim statements;

(B) History (family, educational, medical, psychosocial and psychosexual);

(C) Progression of sexually aggressive behavior development over time;

(D) Dynamics/process of victim selection;

(E) Intensity of sexual arousal prior to, during, and after offense;

(F) Use of force, violence, weapons;

(G) Spectrum of injury to victim, i.e., violation of trust, fear, physical injury;

(H) Sadism;

(I) Disassociative process;

(J) Fantasies: deviant or appropriate;

(K) Ritualistic/obsessive behaviors;

(L) History of assaultive behaviors;

(M) Chronic/situational factors;

(N) Sociopathy;

(O) Personality disorders; affective disorders;

(P) Attention deficit;

(Q) Post traumatic stress behaviors;

(R) Behavioral warning signs; identifiable triggers;

(S) Thinking errors;

(T) Locus of control, i.e. internal or external;

(U) Ability to accept responsibility;

(V) Denial or minimization;

(W) Victim empathy, capacity for empathetic thought;

(X) Family's denial, minimization, response;

(Y) Substance abuse; juvenile sex offender and family;

(Z) History of sexual victimization, physical, or psychological abuse;

(AA) Family dysfunction; family strengths;

(BB) Parental separation/loss;

(CC) Masturbatory patterns;

(DD) Impulse control;

(EE) Paraphilias;

(FF) Mental status/retardation/developmental disability;

(GG) Organicity/neuropsychological factors;

(HH) Number of victims.

(2) Assigning Risk Level. After an assessment has been completed, a determination should be made as to the risk level presented by the juvenile.

(a) Risk is defined as the potential for reoffending and for resisting or failing in treatment. Use Attachment 2, "Risk Assessment Profile," when determining the juvenile's risk level.

(b) The determination of risk for each adolescent offender should be a multidisciplinary decision involving the offender therapist, caseworker, SOSCF supervisor, juvenile department counselor and victim therapist.

(c) If the juvenile presents low risk according to the "Risk Assessment Profile," treatment should proceed focusing on cognitive restructuring.

(d) For juveniles who exhibit moderate to high risk according to the "Risk Assessment Profile," assessment of deviant arousal patterns may be conducted using the penile plethysmograph for males and the photoplethysmograph for females. In addition, the juvenile should receive a disclosure polygraph examination. These tools should be used in addition to assessment criteria listed in this rule to determine the treatment plan of choice. Under no circumstances should the results of these measurements be used in the courtroom setting or for any other reason except evaluation and monitoring of treatment. The plethysmograph should not be administered to prepubescent children.

(A) Use of the polygraph and plethysmograph should be made only with signed, informed consent of the offender and his/her parents/guardians using CF form 993, "Consent for Physiological Assessment of Sexual Interests." This informed consent is to be used regardless of whether a court order requiring its usage exists or not.

(B) The polygraph and plethysmograph exam should be administered only by persons licensed or certified by their respective disciplines. The plethysmograph should be administered in a laboratory setting and in accordance with the "Association for the Treatment of Sexual Abusers' Guidelines for Use of the Penile Plethysmograph."

Or. Admin. Code § 413-060-0430

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Stat. Auth.: HB 2004

Stats. Implemented: HB 2004