Oregon Administrative Rules
Chapter 407 - DEPARTMENT OF HUMAN SERVICES
Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE
Section 407-047-0680 - Investigations of Third-Party: Abuse Determination
Universal Citation: OR Admin Rules 407-047-0680
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Abuse Determination Requirements.
(a) Except as provided in OAR 407-047-0670
(Exception to Completing an Investigation), an abuse determination must be made
for all reports of abuse that are determined to require an
investigation.
(b) When making an
abuse determination, the standard of proof is reasonable cause to
believe.
(c) Based on the available
evidence after conducting an investigation, the possible abuse determinations
are:
(A) "Founded," which means there is
reasonable cause to believe the abuse occurred.
(B) "Unfounded," which means there is no
evidence the abuse occurred.
(C)
"Unable to Determine," which means there is some indication that the abuse
occurred but there is insufficient evidence to conclude that there is
reasonable cause to believe that the abuse occurred. "Unable to Determine" may
only be used in the following circumstances:
(i) After extensive efforts have been made,
the OTIS investigator is unable to locate the alleged victim; or
(ii) After completing the investigation,
there is insufficient information to support an abuse determination of Founded
or Unfounded and the alleged victim is unable or unwilling to provide
consistent information or there is conflicting information from collateral
contacts.
(2) Except as provided in section (3), abuse of a child, for the purpose of making an abuse determination on a report subject to ORS 419B.005, includes, but is not limited to:
(a) Child selling, including the selling of a
child that consists of buying, selling, bartering, trading, or offering to buy
or sell the legal or physical custody of a child.
(b) Mental injury which shall include only
cruel or unconscionable acts or statements made, or threatened to be made, to a
child if the acts, statements or threats result in severe harm to the child's
psychological, cognitive, emotional or social well-being and
functioning.
(c) Neglect, including
failure, through action or omission, to provide and maintain adequate food,
clothing, shelter, medical care, supervision, protection, or nurturing. Neglect
includes each of the following:
(A) Physical
neglect, which includes each of the following:
(i) Failing to provide for the child's basic
physical needs including adequate shelter, food, and clothing.
(ii) Permitting a child to enter or remain in
or upon premises where methamphetamines are being manufactured.
(iii) Unlawful exposure of a child to a
substance that subjects a child to severe harm to the child's health or safety.
When the OTIS investigator is making a determination of physical neglect based
on severe harm to the child's health due to unlawful exposure to a substance,
this determination must be consistent with medical findings.
(B) Medical neglect is a refusal
or failure to seek, obtain, or maintain necessary medical, dental, or mental
health care. Medical neglect includes withholding medically indicated treatment
from infants who have disabilities and life-threatening conditions. However,
failure to provide a child with immunizations or routine care alone does not
constitute medical neglect. When the OTIS investigator is making a
determination of medical neglect, this determination must be consistent with
medical findings.
(C) Lack of
supervision and protection, including failure to provide supervision and
protection appropriate to the child's age, mental ability, and physical
condition.
(D) Desertion, which
includes the respondent leaving the child with another person and failing to
reclaim the child, or respondent failure to provide information about their
whereabouts, providing false information about their whereabouts, or failing to
establish a legal guardian or custodian for the child.
(E) Psychological neglect, which includes
serious inattention to the child's need for affection, support, nurturing, or
emotional development. The respondent's behavior must be related to the
observable and severe harm of the child's psychological, cognitive, emotional,
or social well-being and functioning.
(d) Physical abuse, including an injury to a
child that is inflicted or allowed to be inflicted by non-accidental means that
results in harm. Physical abuse may include injury that could not reasonably be
the result of the explanation given. Physical abuse may also include injury
that is a result of discipline or punishment. Examples of injuries that may
result from physical abuse include, but are not limited to:
(A) Head injuries;
(B) Bruises, cuts, lacerations;
(C) Internal injuries;
(D) Burns or scalds;
(E) Injuries to bone, muscle, cartilage, and
ligaments;
(F) Poisoning;
(G) Electrical shock; and
(H) Death.
(e) Sexual abuse, which includes:
(A) A person's use of a child for the
person's own sexual gratification, the sexual gratification of another person,
or the sexual gratification of the child. Sexual abuse includes incest, rape,
sodomy, sexual penetration, fondling, and voyeurism.
(B) Sexual exploitation, including, but not
limited to, the use of a child in a sexually explicit way for personal gain to
make money, in exchange for goods, services, or drugs, or to gain status.
Sexual exploitation also includes using children in prostitution or using
children to create pornography.
(C)
Sex trafficking.
(f)
Threat of harm, including all activities, conditions, and circumstances that
place the child at threat of severe harm of physical abuse, sexual abuse,
neglect, mental injury, or other abuse.
(3) Abuse does not include reasonable discipline unless the discipline results in one of the conditions described in section (2) of this rule.
Statutory/Other Authority: ORS 409.050
Statutes/Other Implemented: ORS 419B.005 to 419B.050 & Senate Bill 93 (2023 OL Chapter 267)
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