Or. Admin. Code § 413-010-0735

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-010-0735 - Local Child Welfare Office Review of CPS Founded Dispositions

(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.

Or. Admin. Code § 413-010-0735

SOSCF 18-2000, f. & cert. ef. 8-4-00; CWP 1-2003, f. & cert. ef. 1-7-03; CWP 45-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 2-2005, f. & cert. ef. 2-1-05; CWP 26-2011(Temp), f. 10-5-11, cert. ef. 10-6-11 thru 4-3-12; CWP 2-2012, f. & cert. ef. 4-4-12; CWP 1-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 12-2023, minor correction filed 05/16/2023, effective 5/16/2023

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005