Current through Register Vol. 63, No. 3, March 1, 2024
(1) ABUSE REPORTING.
(a) A foster provider and their employees,
alternate caregivers, and volunteers are mandatory reporters according to ORS
419B.005 through
419B.015.
Mandatory reporters are required to immediately report to DHS-CW or the local
law enforcement agency suspected abuse as defined by ORS
419B.005. Complying
with this requirement is a condition of certification of a child foster home.
(b) A foster provider and their
employees, alternate caregivers, and volunteers are also required to
immediately report to DHS-CW suspected abuse as defined by ORS
418.257.
Complying with this requirement is a condition of certification of a child
foster home.
(c) When a foster
provider makes a report of abuse under this section, the foster provider must
immediately notify all of the following:
(A)
The child's case management entity.
(B) The local law enforcement agency if there
is reason to suspect a crime has occurred.
(C) The Child Welfare caseworker if the child
is in the legal custody of DHS-CW
(d) A foster provider who has an employee
must provide the employee annual training and written materials on abuse
reporting requirements.
(2) In the case of a serious illness, serious
injury, or death of a child, a foster provider must immediately, but not later
than one business day, notify all of the following (as applicable):
(a) The child's guardian and designated
contact person.
(b) The child's
case management entity.
(c) Any
other agency responsible for, or delivering services to, the child.
(3) A foster provider must
immediately, but not later than one business day, notify a child's case
management entity of the use of a restraint.
(4) A foster provider must immediately notify
all of the following of a child's unauthorized absence:
(a) The child's guardian and nearest
responsible relative (if applicable).
(b) The local law enforcement
agency.
(c) The child's case
management entity.
(5) A
notification required by sections (1)(c), (2), (3), or (4) of this rule must
occur by phone, in-person, email, writing, or verbally and maintain
confidentiality.
(6) INCIDENT
REPORTS.
(a) A foster provider must complete a
written incident report for any of the following:
(A) Serious incident.
(B) Allegation of abuse.
(C) Use of a safeguarding
intervention.
(D) Use of a
restraint.
(E) Use of an emergency
crisis strategy when a child has a Temporary Emergency Safety Plan.
(F) Fire requiring the services of a fire
department.
(G) Unauthorized
absence.
(b) An incident
report, when completed as required in subsection (a) of this section, must be:
(A) Submitted to the child's case management
entity within five business days of the incident.
(B) Maintained by the foster provider in the
child's record.
(C) If requested,
provided to the child's guardian within five business days of the request. A
copy of an incident report may not be provided to a child's guardian when the
report is part of an abuse investigation.
(c) A copy of an incident report provided to
a child's guardian or other service providers must have confidential
information removed or redacted as required by federal and state privacy
laws.
Statutory/Other Authority: ORS
409.050,
427.104
& 443.835
Statutes/Other Implemented: ORS
409.010,
418.519-418.523, 427.007, 427.104, 430.215, 443.830 &
443.835
