Current through Register Vol. 63, No. 3, March 1, 2024
(1) The local Child
Welfare office must conduct a review and issue a "Notice of Local Child Welfare
Office CPS Founded Disposition Review Decision" (Form CF 314) to the requestor
within 30 days from the date the local Child Welfare office receives a request
for review of a CPS founded disposition.
(2) If the request for review was delayed
because a legal proceeding was pending as provided in OAR 413-010-0720(6), or
the proceeding has been completed without a legal finding that would preclude a
review, the review must occur within 30 days from the date the local Child
Welfare office receives a new request for review.
(3) The Local Child Welfare Office CPS
Founded Disposition Review must occur as follows:
(a) The review may not include
re-interviewing the victim; interviewing or meeting with the person requesting
a review, with others associated with the requestor, or with others mentioned
in the assessment; or conducting a field assessment of the allegation of
abuse.
(b) The review must be based
on current child welfare practice and definitions of abuse. Rules in place at
the time the CPS assessment was completed also must be considered.
(c) The following must be considered by the
Local Child Welfare Office CPS Founded Disposition Review Committee members and
the Child Welfare Program Manager or designee:
(A) Relevant information and materials
contained in the Department's child welfare case file including the CPS
assessment and disposition, screening information, assessment information and
narrative, related police reports, medical reports, and information provided by
the person requesting review;
(B)
Whether there is reasonable cause to believe that abuse occurred;
(C) Whether there is reasonable cause to
believe that the person requesting review is responsible for the abuse;
and
(D) Whether there is reasonable
cause to believe that the type of abuse for which the CPS assessment was
founded is correctly identified in the assessment.
(d) The Local Child Welfare Office CPS
Founded Disposition Review Committee must:
(A)
Make recommendations as follows:
(i) Retain
the founded disposition;
(ii)
Change the disposition to unfounded or unable to determine;
(iii) Change the type of abuse (see OAR
413-015-1015 for a list of the types of abuse) for which the CPS Disposition
was founded.
(B) At the
conclusion of the Review Committee, each committee member must make their
respective recommendations known to the Child Welfare Program Manager or
designee.
(e) The Child
Welfare Program Manager or designee must:
(A)
Observe the Review Committee;
(B)
Ask questions of the committee members as needed for clarification;
(C) Consider the committee's recommendation
or recommendations and the basis for the recommendation or recommendations;
and
(D) Make one of the following
decisions:
(i) Retain the founded
disposition.
(ii) Change the
disposition to unfounded disposition or unable to determine.
(iii) Change the type of abuse (see OAR
413-015-1015 for a list of the types of abuse) for which the CPS Disposition
was founded.
(f) The decision and the basis for the
decision must be documented.
Forms referenced are available from the
agency.
