Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 15 - INTRODUCTION TO CPS RULES
Section 413-015-0809 - Exceptions to Completing a Third Party CPS Assessment
Universal Citation: OR Admin Rules 413-015-0809
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Exception to Completing a third party CPS assessment.
(a) The only
exception to completing a third party CPS assessment required
by these rules (OAR 413-015-0800 to 413-015-0885) on an assigned
referral is when a CPS worker, in
consultation with a CPS supervisor or designee, determines
that the referral does not require a third party CPS
assessment because:
(A) The
referral was opened in error; or
(B) There is no longer an allegation of
abuse. The CPS worker received information
after being assigned the referral and that information in
combination with the corresponding screening report no longer
constitutes a report of abuse as defined in
ORS 419B.005 or, when applicable, ORS 418.205 - 418.327. This exception may be
used only when the CPS worker and the CPS
supervisor or designee determine the information:
(i) Is not from the alleged
perpetrator or the alleged perpetrator's
parent or caregiver if the alleged
perpetrator is a child;
(ii) Relates directly to and specifically
negates all allegations in the screening report; and
(iii) Is considered on the basis of the
objectivity of the individual providing the information and the quality of the
information.
(b) The exception in section (1) of this rule
is not permitted and a third party CPS assessment must be
completed when the CPS worker has already made contact with
the parent or caregiver of the alleged
victim, the alleged victim, the alleged
perpetrator, or the parent or
caregiver of the alleged perpetrator if the
alleged perpetrator is a child, unless:
(A) The parent,
caregiver, or alleged victim, is the original
reporter;
(B) The
report was documented under the wrong case and corrected
report is created;
(C) The alleged victim never
existed; or
(D) The alleged
victim is no longer a child;
(c) If contact was made as described in
subsection (b), the contact must be documented in the CPS
assessment, even if the exception in subsection (a) is
granted.
(d) If the exception in
section (1) of this rule is granted, the local Child Welfare
office is responsible for sending written notice to the alleged
perpetrator that a criminal records check was conducted, as described
in OAR 413-015-1120, using the form provided by the
Department, unless the notification is completed by the Oregon
Child Abuse Hotline.
(2) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 419B.026
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