Current through Register Vol. 63, No. 3, March 1, 2024
(1) The screener
must gather the following relevant information to the extent it is known by the
reporter:
(a) The extent of the alleged
abuse;
(b) The
circumstances surrounding the alleged abuse;
(c) Demographics;
(d) Race and ethnicity;
(e) Languages spoken;
(f) Contact information;
(g) The location of the family's residence
and where the alleged abuse may have occurred; and
(h) Whether the child has or
may have American Indian or Alaska Native heritage.
(2) The screener may only make efforts to
gather additional information from collateral contacts and law enforcement when
there is insufficient information to assign the report for CPS assessment and:
(a) The information gathered from the
reporter is concerning; and
(b) The
collateral contact or law enforcement data is likely to supplement the report
with sufficient information to make the screening decision.
(3) The screener must review the
Child Welfare history, if any, of the alleged victim, every identified
child or young adult,
parent, caregiver, and household member for
the report dates, types of abuse alleged, screening decisions
and CPS assessment dispositions.
(4) The screener must assign the report for
CPS assessment if:
(a) The information
received constitutes a report of abuse as
defined in OAR 413-015-0115(1)(a) of a child; and is the
responsibility of Child Welfare to assess.
(b) The information received constitutes a
report of abuse of a child
as defined in OAR 413-015-0115(1)(a) or a report of
abuse of a child or young
adult as defined in OAR 413-015-0115(1)(b); and involves a
resource family or respite provider certified
by Child Welfare.
(c) The
screener determines the current report would
be the fourth or greater consecutive report closed at
screening regarding the same child or
household and there is at least one child in the home who is
less than five years of age, unless an exception has been approved by the
Oregon Child Abuse Hotline program manager or designee; or
(d) A Tribe, LEA, or OTIS requests assistance
from CPS with an investigation of abuse, and a
screening supervisor agrees that assistance from CPS is
appropriate.
(5) When a
determination is made to assign a report for CPS assessment, the screener must
determine the response timeline as follows:
(a) Within 24 hours.
(b) Within 72 hours.
(c) Within 10 business days.
(6) The screener must refer all
reports that meet the criteria to assign for CPS assessment to a local Child
Welfare office as follows:
(a) Except as
described in subsection (7)(b) or (c), the screener must refer the CPS
assessment to the local office assigned to the address where the alleged victim
resides, and that county is responsible for completing the CPS
assessment.
(b) When the alleged
abuse involved in a resource family or
respite provider certified by Child Welfare,
the screener must refer the CPS assessment to the local office assigned to the
address where the alleged abuse occurred, and that local
office is responsible for completing the CPS assessment.
(c) When the alleged victim is placed in a
Behavioral Rehabilitation Service or other residential program, the screener
must refer the CPS assessment to the local office where the familial case is
currently open.
(d) Any exception
to (a), (b) or (c) of this section must be made in consultation with the Child
Welfare program managers in the affected local offices.
(7) The screener must close the report at
screening if one of the following subsections applies:
(a) The
screener determines
that information received:
(A) Does not
constitute a report of abuse and the
screener determines that the information describes behaviors,
conditions, or circumstances that pose a risk to a child;
or
(B) Is a historical
report of abuse and the screener determines that alleged
perpetrator is deceased and the death of the alleged perpetrator was unrelated
to the report of abuse.
(C) Is a report of abuse and the information
indicates the alleged abuse occurred in another country and the alleged
perpetrator is located in another country; or
(D) Alleged perpetrator is a child and
resides in another state
(E) Child
is a resident of another state.
(F)
Child is resident of both Oregon and another state, and the other state is
responding.
(G) Is a notification
described in OAR 413-015-0214, "Notifications Closed at Screening".
(b) When a report
is received, but the screener, after extensive efforts, is
unable to obtain sufficient information to locate the alleged victim. Name and
exact address are not necessary if a location is obtained.
(8) The Oregon Child Abuse Hotline staff must
cross report to law enforcement as required by OAR 413-015-0305(1).
(9) The Oregon Child Abuse Hotline staff must
complete the following external notifications:
(a) Notification of law enforcement.
(A) No later than 24 hours, when information
is received from a caseworker that a child or
young adult on an open CPS assessment or a
child or young adult on an open Child Welfare
case is identified as a sex trafficking victim.
(B) Immediately when information gathered
indicates a current suspicious physical injury.
(C) Immediately when a crime is suspected to
have occurred even if unrelated to a report of
abuse:
(i) To a child or
young adult living with a resource family or
receiving services from a respite provider certified by Child
Welfare, or
(ii) At the home of a
resource family or respite provider certified
by Child Welfare.
(b) Notification of Office of Developmental
Disabilities Services (ODDS) when a report involves a child or
young adult receiving services from ODDS.
(c) Notification of federally recognized
Tribes when the screener knows or has reason to know that the
child is an Indian child. A copy of the report must be sent to
the Tribe within 24 hours of completion of the screening report and after
information related to the reporter's identity is removed.
(d) Notification of the reporter.
(A) When a screener determines a report will
be assigned, the screener must notify the reporter that if contact information
is provided, efforts will be made by the CPS worker to inform the reporter at a
later date if contact with the alleged victim was made, if
abuse occurred, and if services will be provided.
(B) When a screener determines a report will
be closed at screening, the screener must notify the reporter of the following:
(i) Contact with the alleged victim will not
be made;
(ii) An
abuse determination will not be made; and
(iii) Whether services will be
provided.
(e)
Notification of Community Mental Health Program, Community Developmental
Disabilities Program, or Adult Protective Services. The screener must make a
report to the Community Mental Health Program, Community Developmental
Disabilities Program, or the local Adult Protective Services office when the
screener has reasonable cause to believe:
(A)
That any person 18 years of age or older with a mental illness, a developmental
disability or a physical disability, or any person 65 years of age or older,
with whom the reporter comes into contact has suffered abuse;
or
(B) That any person with whom
the reporter comes into contact has abused a person 18 years
of age or older with a mental illness, developmental disability, or physical
disability, or any person 65 years of age or older.
(10) The screener must obtain
approval from the screening supervisor or designee prior to making a decision
not to document information gathered.
(11) The screening supervisor or designee
must review all closed at screening reports no later than 10 days from the date
and time the report was received by the Oregon Child Abuse Hotline.
Statutory/Other Authority: ORS 418.005, ORS 418.205-418.327,
ORS 419B.024 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.205-418.327
& ORS 419B.024