OAR 407-045-0820
Child-In-Care Abuse Rules: Definitions

Unless the context indicates otherwise, the following definitions apply to these rules OAR 407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality):
(1) “Abuse” has the same meaning as defined in ORS 418.257 (Definitions for ORS 418.257 to 418.259) and 419B.005 (Definitions). (See OAR 407-045-0887 (Child-In-Care Abuse Rules: Abuse Determination)(2) and (3))
(2) “Abuse determination” means the determination OTIS makes after an investigation under these rules (OAR 407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality)) that a report of abuse is substantiated, unsubstantiated, or inconclusive as described in OAR 407-045-0887 (Child-In-Care Abuse Rules: Abuse Determination).
(3) “Abuse investigation report” means the report the OTIS investigator completes as provided in OAR 407-045-0890 (Child-In-Care Abuse Rules: Abuse Investigation Report) on a report of abuse that is determined to require an investigation under OAR 407-045-0835 (Child-In-Care Abuse Rules: Determining Response)(1)(b).
(4) “Alleged victim” means the child-in-care who is reported, alleged, or determined to be subjected to abuse under these rules (407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality)).
(5) “Business days” means all consecutive calendar days, not counting Saturdays, Sundays and legal holidays as defined in ORS 187.010 (Legal holidays).
(6) “Children’s Care Licensing Program” or “CCLP” means the Department of Human Service’s program that licenses and oversees child-caring agencies.
(7) “Child” means an unmarried person who:
(a) Is under 18 years of age; or
(b) Is under 21 years of age and residing in or receiving care or services at a child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998).
(8) “Child-caring agency” has the same meaning as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998).
(9) “Child-in-care” as defined in ORS 418.257 (Definitions for ORS 418.257 to 418.259) means a person under 21 years of age who is residing in or receiving care or services from:
(a) A child-caring agency or proctor foster home (CCA certified foster home);
(b) An ODHS certified foster home subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department) (Child Welfare foster home); or
(c) A developmental disabilities residential facility (ODDS group home, ODDS host home, and ODDS foster home).
(10) “Department” means the Oregon Department of Human Services (ODHS).
(11) “Developmental disabilities residential facility” means a residential facility or foster home for children who are 18 years of age or younger and receiving developmental disability services that is subject to ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties), 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required).
(12) “Indian child” as defined in 25 U.S.C. § 1903(4) means any unmarried individual who is under age 18 and either:
(a) Is a member or citizen of an Indian tribe; or
(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.
(13) “Investigation” as defined in ORS 419B.005 (Definitions)(4) means a detailed inquiry into or assessment of the safety of a child alleged to have experienced abuse. “Investigation” does not include screening activities conducted upon the receipt of a report.
(14) “Law enforcement agency” has the same meaning as defined in ORS 419B.005 (Definitions)(5).
(15) “Legal guardian” means the child-in-care’s parent, unless a court appoints another person or agency to act as the individual’s guardian.
(16) “ODDS foster home” means a developmental disability child foster home as defined in ORS 443.830 (Definitions for ORS 443.830 and 443.835) and certified under OAR chapter 411, division 346.
(17) “ODDS group home” means the distinct method for the delivery of home and community-based services in a 24-hour residential setting by a provider certified and endorsed according to the rules in OAR chapter 411, division 323.
(18) “ODDS host home” means a residential training home per ORS 443.400 (Definitions for ORS 443.400 to 443.455) that is a community-based family home setting licensed by the Department according to the rules in OAR chapter 411, division 348 to provide home and community-based services to children with intellectual or developmental disabilities. ODDS host homes are community homes featuring an in-residence caregiver serving in a parental role with the support of additional staff to deliver intensive care and support to children in a family home environment.
(19) Office of Developmental Disabilities Services or “ODDS” means the Department of Human Services Office of Developmental Disability Services.
(20) “OTIS investigator” means a Department: Office of Training, Investigations and Safety (OTIS) employee who is authorized and receives OTIS approved training to screen or investigate reports of abuse under OAR 407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality).
(21) “OTIS response” means how OTIS will respond to a report of abuse that is determined at the conclusion of the OTIS screening process.
(22) “Proctor foster home” is defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) and means a foster home certified by a child-caring agency that is not subject to ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.470 (Authority to pay for shelter-care homes).
(23) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts. (ORS 419B.150 (When protective custody authorized))
(24) “Reasonable suspicion” for purposes of complying with ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020) (Karly’s Law) means a reasonable belief given all the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse.
(25) “Redacted” means information deemed confidential under state or federal law that has been protected from view.
(26) “Reporter” means an individual who makes a report of suspected child abuse to the Department.
(27) “Respondent” means the adult or entity alleged to have committed abuse.
(28) “Screening” means the process used by OTIS to determine the response to reports that are determined to be the responsibility of OTIS.
(29) “Severe harm” as defined in ORS 419B.150 (When protective custody authorized) means:
(a) Life threatening damage; or
(b) Significant or acute injury to a person’s physical, sexual, or psychological functioning.
(30) “Sex trafficking” as defined in ORS 419B.354 (Placement in congregate care residential setting)(1)(b) means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of an individual under the age of 18 for the purpose of a commercial sex act or the recruitment, harboring, transportation, provision, or obtaining of a person over the age of 18 using force, fraud, or coercion for the purpose of a commercial sex act.
(31) "Suspicious physical injury” has the same meaning as defined in ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020) (Karly’s Law).

Source: Rule 407-045-0820 — Child-In-Care Abuse Rules: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0820.

407‑045‑0120
Adult Mental Health Abuse Rules: Purpose and Scope 407‑045‑0130
Adult Mental Health Abuse Rules: Definitions and Acronyms 407‑045‑0140
Adult Mental Health Abuse Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0150
Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0160
Adult Mental Health Abuse Rules: Screening Activities and Initial Notices 407‑045‑0170
Adult Mental Health Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0180
Adult Mental Health Abuse Rules: Death Reporting 407‑045‑0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse 407‑045‑0200
Adult Mental Health Abuse Rules: Abuse Investigation Report 407‑045‑0210
Adult Mental Health Abuse Rules: Notification of Outcome 407‑045‑0220
Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report 407‑045‑0230
Adult Mental Health Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0240
Adult Mental Health Abuse Rules: County Multidisciplinary Teams 407‑045‑0250
Adult Developmental Disabilities Abuse Rules: Purpose and Scope 407‑045‑0260
Adult Developmental Disabilities Abuse Rules: Definitions 407‑045‑0280
Adult Developmental Disabilities Abuse Rules: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse 407‑045‑0285
Adult Developmental Disabilities Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0291
Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices 407‑045‑0295
Adult Developmental Disabilities Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0298
Adult Developmental Disabilities Abuse Rules: Death Reporting 407‑045‑0300
Adult Developmental Disabilities Abuse Rules: Investigation of Alleged Abuse 407‑045‑0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report 407‑045‑0325
Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents 407‑045‑0360
Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0370
Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams 407‑045‑0405
Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope 407‑045‑0415
Oregon State Hospital Patient Abuse Investigation Rules: Definitions and Acronyms 407‑045‑0425
Oregon State Hospital Patient Abuse Investigation Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice 407‑045‑0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients 407‑045‑0465
Oregon State Hospital Patient Abuse Investigation Rules: Investigation by the Department’s Office of Training, Investigations and Safety 407‑045‑0475
Oregon State Hospital Patient Abuse Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑0485
Oregon State Hospital Patient Abuse Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents 407‑045‑0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination 407‑045‑0615
Adult Abuse Investigations: Lay Representation in Contested Case Hearings 407‑045‑0645
Adult Developmental Disabilities Abuse Rules: Death Reporting Reviews for Adults in Developmental Disabilities Services 407‑045‑0800
Child-In-Care Abuse Rules: Purpose 407‑045‑0820
Child-In-Care Abuse Rules: Definitions 407‑045‑0825
Child-In-Care Abuse Rules: Screening Activities 407‑045‑0835
Child-In-Care Abuse Rules: Determining Response 407‑045‑0855
Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening 407‑045‑0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse 407‑045‑0886
Child-In-Care Abuse Rules: Exception to Completing an Investigation 407‑045‑0887
Child-In-Care Abuse Rules: Abuse Determination 407‑045‑0890
Child-In-Care Abuse Rules: Abuse Investigation Report 407‑045‑0895
Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0905
Child-In-Care Abuse Rules: Contested Case Proceeding for a Substantiated Abuse Determination 407‑045‑0913
Child-In-Care Abuse Rules: Lay Representation in Contested Case Hearings 407‑045‑0955
Child-In-Care Abuse Rules: Confidentiality 407‑045‑1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope 407‑045‑1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions 407‑045‑1020
Adult Residential Substance Use Disorder Investigation Rules: Training for OTIS Investigators and Abuse Reviewers 407‑045‑1030
Adult Residential Substance Use Disorder Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑1040
Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice 407‑045‑1050
Adult Residential Substance Use Disorder Investigation Rules: Assessment for and Provision of Protective Services for Residents 407‑045‑1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation 407‑045‑1070
Adult Residential Substance Use Disorder Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑1090
Adult Residential Substance Use Disorder Investigation Rules: Administrative Review Process for Substantiated Findings 407‑045‑1100
Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders 407‑045‑1110
Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents
Last Updated

Jun. 8, 2021

Rule 407-045-0820’s source at or​.us