OAR 413-010-0420
Right to Review

(1)

An individual may receive a review of any action or decision of Child Welfare.

(2)

In addition to the review provided under section (1) of this rule, a contract provider (413-010-0000 (Definitions)) may receive a review of any action or decision of Child Welfare that violates a condition or term of the contract or agreement.

(3)

When a client or family member of a client notifies the Department that the client or family member has a complaint, the client or family member will be assisted in setting a meeting with a caseworker and the caseworker’s supervisor (see DHS Form 0170, section about Resolving Complaints Informally).

(4)

An individual or contract provider may file a written complaint or report of discrimination by completing DHS Form 0170. The complaint or report of discrimination may be sent to the Governor’s Advocacy Office, 500 Summer Street NE, Salem, or submitted as provided on DHS Form 0170.

(a)

When an individual or contract provider submits a written customer service complaint (defined in OAR 407-005-0105 (Definitions)), Child Welfare will follow the procedures set out in 407-005-0100 (Purpose and Scope) to 407-005-0120 (Retaliation Prohibited).

(b)

When a client submits a report of discrimination arising from their disability, the formal complaint review must comply with OAR 407-005-0030 (Report of Discrimination and Other Remedies Available for Alleged Discrimination).

(c)

When a client with a disability requests a reasonable modification (see OAR 407-005-0025 (Requesting a Reasonable Modification)) or requests auxiliary aids, auxiliary services, or alternative format communication (see 407-005-0005 (Definitions) and 407-005-0010 (Non-discrimination)), the initial decision must comply with 407-005-0000 (Purpose) to 407-005-0030 (Report of Discrimination and Other Remedies Available for Alleged Discrimination) and Department Policy DHS-010-0005, “Non Discrimination on the Basis of Disability for Programs, Services and Activities.”

(d)

When an individual or contract provider submits a written complaint, which does not fall within subsections (a) to (c) of this section, Child Welfare will follow the procedures set out in Department Procedure DHS-010-005-01, “Filing a Client Complaint or Report of Discrimination”.

(5)

No individual or contract provider shall be subjected to a reprisal for seeking review of a complaint.

(6)

The complaint review shall be administered in a manner that protects the confidentiality of client records to the extent prescribed by OAR 413-010-0010 (Purpose) to 413-010-0075 (Disclosure Procedures).

(7)

If an individual or contract provider or any agent of the individual or contract provider chooses to disclose their version of case information to the media or community members who would otherwise not be involved, the local Child Welfare program manager must consult Administrative Procedure DHS-120-003-01, “Sensitive Issues” and may, as allowed by OAR 413-010-0010 (Purpose) to 413-010-0075 (Disclosure Procedures), disclose information from the case record that is not third-party information to respond to the statements of the individual or contract provider by providing the Department’s understanding of the facts.

(a)

Third-party information includes but is not limited to psychological and psychiatric evaluations, police reports, references, alcohol and drug evaluations or reports, and reports from mental health professionals.

(b)

Third-party information may be disclosed only if the individual or contract provider has signed a release of information, and the third-party that provided the confidential information has approved the disclosure.

(8)

At any time, the parties may agree to resolve the complaint through an alternative dispute resolution procedure.

Source: Rule 413-010-0420 — Right to Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0420.

413‑010‑0000
Definitions 413‑010‑0010
Purpose 413‑010‑0030
Protection of Information 413‑010‑0035
Prohibited Disclosures 413‑010‑0045
Mandatory Disclosure 413‑010‑0055
Mandatory Disclosure if in the Child’s Best Interest 413‑010‑0065
Discretionary Disclosure 413‑010‑0068
Disclosure of Information Exempt Under the Public Records Law 413‑010‑0075
Disclosure Procedures 413‑010‑0170
Purpose 413‑010‑0175
Definitions 413‑010‑0180
Rights of Children and Young Adults in the Legal Custody of the Department 413‑010‑0185
Department Responsibilities 413‑010‑0200
Purpose 413‑010‑0210
Department Responsibilities 413‑010‑0220
Interrogation/Polygraph 413‑010‑0230
Attorney Interview 413‑010‑0240
Other Interviews 413‑010‑0300
Purpose 413‑010‑0310
Definition 413‑010‑0320
Relative Involvement in Case Planning and Court Hearings 413‑010‑0330
Communication and Visitation 413‑010‑0340
Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives 413‑010‑0400
Purpose 413‑010‑0410
Definitions 413‑010‑0420
Right to Review 413‑010‑0430
Grievances Not Subject to These Rules 413‑010‑0440
Informal Complaint Review 413‑010‑0480
Judicial Review 413‑010‑0500
Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time 413‑010‑0502
Representation 413‑010‑0505
Hearing Requests 413‑010‑0510
Notice 413‑010‑0515
Continuation of Benefits 413‑010‑0520
Informal Conference 413‑010‑0525
Burden of Proof 413‑010‑0530
Withdrawals and Dismissals 413‑010‑0535
Proposed and Final Orders 413‑010‑0700
Purpose 413‑010‑0705
Definitions 413‑010‑0710
Required Forms 413‑010‑0714
Notice and Review when the Perpetrator is a Department Employee 413‑010‑0715
Providing Notice of a CPS Founded Disposition 413‑010‑0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile 413‑010‑0717
Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 413‑010‑0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice 413‑010‑0720
Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313) 413‑010‑0721
Making a Request for a Review of a CPS Founded Disposition 413‑010‑0722
Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) 413‑010‑0723
Providing a Notice of Legal Finding (Form CF 318) 413‑010‑0724
Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received 413‑010‑0732
Local Child Welfare Office Responsibilities Related to Notices and Reviews 413‑010‑0735
Local Child Welfare Office Review of CPS Founded Dispositions 413‑010‑0738
Notice of Local Child Welfare Office CPS Founded Disposition Review Decision 413‑010‑0740
Requesting a Central Office Review 413‑010‑0743
Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review 413‑010‑0745
Central Office Review of CPS Founded Dispositions 413‑010‑0746
Notice of Central Office CPS Founded Disposition Review Decision 413‑010‑0748
Review Initiated by the Department 413‑010‑0750
Revising Founded Abuse Dispositions in the Department’s Electronic Information System
Last Updated

Jun. 8, 2021

Rule 413-010-0420’s source at or​.us