Or. Admin. Code § 419-220-0110

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-220-0110 - Definitions

Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 220:

(1) "Abuse" has the same meaning as defined in ORS 419B.005 (see OAR 419-220-0170(2)).

(2) "Abuse determination" means the determination OTIS makes after an investigation under these rules (OAR chapter 419, division 220) that a report of abuse is founded, unfounded or unable to determine as described in OAR 419-220-0170.

(3) "Abuse investigation report" means the report the OTIS investigator completes as provided in OAR 419-220-0180 on a report of abuse that is determined to require an investigation under OAR 419-220-0130(1)(a).

(4) "Alleged victim" means the child who is reported, alleged or determined to be subjected to abuse under these rules (OAR chapter 419, division 220).

(5) "Business days" means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010.

(6) "Child" means an unmarried person who:

(a) Is under 18 years of age; or

(b) Is a child in care, as defined in ORS 418.257.

(7) "Child Care" means each of the following:

(a) A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.

(b) A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.

(c) A Certified Child Care Center, which is certified to care for 13 or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single-family dwelling.

(d) A Regulated Subsidy Provider, which is a child care provider that is exempt from Department of Early Learning and Care licensing and that receives subsidy payments for child care on behalf of clients of the Department.

(e) Other facilities that are operating as a Registered Family Care Home, Certified Family Child Care Home, Certified Child Care Center, or Regulated Subsidy Provider without a certification or registration when a certification or registration is required by the Department of Early Learning and Care.

(8) "Caregiver" means any person in the child care who works directly with the children, providing care, supervision, and guidance.

(9) "Contractor" means a person who:

(a) Provides services to a child care provider in a manner that requires the person to have direct, unsupervised contact with children; and

(b) Interacts with a child because of the person's status as a contractor for a child care provider.

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) "Indian child" as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:

(a) Is a member or citizen of an Indian Tribe; or

(b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian Tribe.

(12) "Household member" means an adult who lives in the child care and is not a child care caregiver, contractor, or volunteer.

(13) "Investigation" as defined in ORS 419B.005(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. "Investigation" does not include screening activities conducted upon the receipt of a report.

(14) "Law enforcement agency" has the same meaning as defined in ORS 419B.005(5).

(15) "Legal guardian" means for an individual under the age of 18, the parent, unless a court appoints another person or agency to act as the individual's guardian.

(16) "OTIS investigator" means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR chapter 419, division 220.

(17) "OTIS response" means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.

(18) "Reasonable cause" means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150)

(19) "Reasonable suspicion" for purposes of complying with ORS 419B.023 (Karly's Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.

(20) "Redacted" means information deemed confidential under state or federal law has been protected from view.

(21) "Reporter" means an individual who makes a report of suspected child abuse to the Department.

(22) "Respondent" means the adult alleged to have committed abuse.

(23) "Screening" means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.

(24) "Severe harm" as defined in ORS 419B.150 means:

(a) Life threatening damage; or

(b) Significant or acute injury to a person's physical, sexual, or psychological functioning.

(25) "Sex trafficking" as defined in ORS 418.322(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act.

(26) "Suspicious physical injury" has the same meaning as defined in ORS 419B.023 (Karly's Law).

(27) "Volunteer" means a person who:

(a) Acts as a volunteer for a child care; and

(b) Interacts with a child because of the person's status as a volunteer of a child care.

Or. Admin. Code § 419-220-0110

DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020; DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 4-2023, temporary amend filed 08/31/2023, effective 09/01/2023 through 02/27/2024; DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024; DHS 14-2024, renumbered from 407-047-0410, filed 10/30/2024, effective 11/1/2024; OTIS 25-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 419B.005 - 419B.050