Current through Register Vol. 63, No. 12, December 1, 2024
(1) The
CPS worker must make an initial contact within the assigned response
time-line.
(2) The following
outlines contacts the CPS worker is required to attempt and, when possible,
complete at initial contact. The CPS worker must:
(a) Have face-to-face contact with and
interview the alleged victim, their siblings, and any children living in the
home except as provided in OAR 413-015-0606. The purpose of the face-to-face
contact and interview with the alleged victim, their siblings, and any children
living in the home is to gather information regarding possible abuse, gather
information about functioning and vulnerability, and assess immediate safety.
(A) Interview and observe the alleged victim
and any children as follows:
(i) The CPS
worker must notify parents of the intent to interview, unless notification
could compromise safety.
(ii) The
CPS worker must make diligent efforts to make contact at home, school, day
care, or any other place where the worker believes the child or young adult may
be found. If the CPS worker is unsuccessful, the CPS worker must document in
the Child Welfare electronic information system all attempted contacts and the
dates of those attempted contacts.
(iii) When the CPS worker makes contact at
home and the parent or caregiver is not present:
(I) The CPS worker must consult with a CPS
supervisor and seek assistance from LEA if the referral indicates there is
reasonable cause to believe the alleged victim or any child's health or safety
is endangered by the conditions of the dwelling; or supervision is inadequate
and there is an immediate need to evaluate health and safety.
(II) The CPS worker must wait until the
parent is present in the home to complete an interview in the home if there is
not reasonable cause to believe health or safety is endangered by the
conditions of the dwelling or that supervision is inadequate.
(iv) When the CPS worker is denied
access to the alleged victim or to the alleged victim's residence, the CPS
worker must, if the referral indicates the alleged victim may be unsafe,
request assistance from LEA in assessing the situation and in taking protective
custody if needed. If the referral indicates that the alleged victim is
presently safe, the CPS worker must consider the following:
(I) Attempting to contact other persons who
may have relevant information regarding the referral;
(II) Persisting in attempts to gain
cooperation from the family or caregivers, depending on the known safety
information;
(III) Seeking LEA
assistance;
(IV) Consulting with
the CPS supervisor, the district attorney, assistant attorney general, or the
county juvenile department to discuss possible juvenile court action;
or
(V) Seeking a protective custody
order from the juvenile court.
(v) The CPS worker must conduct interviews in
a manner that assures privacy.
(vi)
If the parent or caregiver is the alleged perpetrator or if the presence of the
parent or caregiver might impede the interview, the CPS worker must attempt to
interview outside the presence of their parents or caregivers.
(vii) A CPS worker must allow a child who is
the victim of a person crime as defined in ORS
147.425 and is at least 15 years
of age at the time of the abuse to have a personal representative be present
during an interview. If a CPS worker believes that the personal representative
would compromise the CPS assessment, the CPS worker may prohibit a personal
representative from being present during the interview.
(viii) The CPS worker must observe injuries
or signs of abuse. The CPS worker may need to remove the alleged victim's
clothing to make adequate observations. In that event, the CPS worker must:
(I) Use discretion and make the alleged
victim as comfortable as possible.
(II) Seek parental consent and assistance,
when possible and appropriate.
(III) Consider requesting a worker or other
support person, who is the same gender as the alleged victim, be present to
serve as a witness and provide comfort.
(ix) The CPS worker may observe injuries to
the anal or genital region if the alleged victim is not school aged and if the
injury can be observed without the CPS worker touching the anal or genital
region.
(B) The CPS
worker must notify the parents or caregivers the same day the interview
occurred. If the same day notification could make a child or adult unsafe, a
CPS supervisor may authorize an extension for one day to allow a planned
notification that is less likely to compromise safety. The CPS worker must
document in the Child Welfare electronic information system the supervisory
approval and an explanation describing the basis for the approval.
(b) Have face-to-face contact with
and interview the non-offending parent or caregiver and all adults living in
the home. The purpose of this face-to-face contact and interview is to find out
what the non-offending parent or caregiver and other adults living in the home
know about the alleged abuse, gather safety related information, including
parent and caregiver functioning, and gather information to determine if the
parent or caregiver can or cannot and will or will not protect the alleged
victim.
(A) Whenever practicable, the CPS
worker must interview both parents and caregivers in person, as outlined in OAR
413-015-0422.
(B) Provide all
adults living in the home with a written notice that a criminal records check
may be conducted on them, as described in OAR 413-015-1120.
(C) The CPS worker must provide each parent
or caregiver with a "What you need to know about a Child Protective Services
assessment" pamphlet, which includes written information regarding the CPS
assessment process, including the court process and the rights of the parent
and caregiver.
(D) The CPS worker
must interview the non-custodial legal parent during the CPS assessment. This
is not required during the initial contact but must be completed as part of the
assessment process because the non-custodial parent may have essential
information or be a placement resource. If the interview of the non-custodial
legal parent may make a child or adult unsafe, a CPS supervisor may authorize
an exception to this requirement based on written documentation that supports
the conclusion that an interview with a non-custodial legal parent should not
be conducted.
(c) Have
face-to-face contact with and interview the alleged perpetrator. Except as
provided in this subsection, the CPS worker must make face-to-face contact with
and interview the alleged perpetrator during the initial contact when they are
the custodial parent, caregiver, any person living in the home, or are present
in the home when the CPS worker makes contact. The purpose of this interview is
to evaluate the alleged perpetrator's reaction to allegations of abuse as well
as to the alleged victim and their condition, and to gather further information
about the alleged perpetrator and the family in relation to the safety of the
alleged victim. When the parent is a child and an alleged perpetrator, the
purpose is also to determine if the parent is also an alleged victim of abuse
(under paragraph (D) of this subsection).
(A)
The CPS worker is not required to make face-to-face contact with or interview
the alleged perpetrator during the initial contact if:
(i) The alleged perpetrator is not a
custodial parent, caregiver, anyone living in the home, or is not present in
the home when the CPS worker makes contact and delaying contact will not
compromise child safety. The CPS worker still must interview the alleged
perpetrator, but may complete the interview during the course of the CPS
assessment; or
(ii) There is a
criminal investigation and the interview cannot be coordinated with an LEA
within the timelines for initial contact.
(B) The decision to delay interview of an
alleged perpetrator as provided in subparagraphs (A)(i) or (ii) of this
subsection must be approved by a CPS supervisor, and the CPS worker must
document in the Child Welfare electronic information system both the approval
and the reason for delaying the interview.
(C) When interviewing the alleged
perpetrator, the CPS worker must:
(i)
Coordinate the interviews of the alleged perpetrator with LEA when law
enforcement is conducting an investigation;
(ii) Consult with a CPS supervisor if an
interview with the alleged perpetrator could make a child or adult
unsafe;
(iii) Provide the alleged
perpetrator with a written notice that a criminal records check may be
conducted on them, as described in OAR 413-015-1120; and
(iv) Make inquiries about the employment
status of the alleged perpetrator. If the CPS worker has reasonable cause to
believe the alleged perpetrator is an employee of any program, office, or
division of the Department of Human Services (DHS) or OYA, the CPS worker must
notify a CPS supervisor. The CPS supervisor must notify the DHS Office of Human
Resources at the time of the assessment and at the time the assessment is
reviewed as required in OAR 413-015-0475. The CPS supervisor must document the
notifications in the Child Welfare electronic information system.
(D) When interviewing the alleged
perpetrator who is a child and the parent of the alleged victim, the CPS worker
must ask questions to determine if there is an allegation of abuse with the
child parent as an alleged victim. If it is determined that there is an
allegation of abuse with the child parent as an alleged victim, the information
must be reported to a screener.
(E)
When interviewing an alleged perpetrator who is the parent or caregiver, the
CPS worker must provide the parent or caregiver with a "What you need to know
about a Child Protective Services assessment" pamphlet, which includes written
information regarding the CPS assessment process, including the court process
and the rights of the parent and caregiver.
(3) Gather safety related information through
interviews and observation. The CPS worker must begin to gather safety related
information through interviews and observation as outlined in OAR
413-015-0422.
(4) Determine if
there is a present danger safety threat or impending danger safety threat.
During the initial contact, the CPS worker must determine, based on the
information obtained at that time, if there is a present danger safety threat
or impending danger safety threat as outlined in OAR 413-015-0425.
(5) Documentation of the Initial Contact. The
CPS worker must document the dates of attempted and successful contacts in the
Child Welfare electronic information system. If it was not possible during the
initial contact for the CPS worker to successfully complete a required contact,
the CPS worker must document why contact was not made and must complete the
face-to-face contact and interview as soon as possible.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
418.005, ORS
147.425, ORS
409.185, ORS
418.015, ORS
418.747, ORS
418.785 & ORS
419B.005 -
419B.050