OAR 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 (Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313))(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 (Making the CPS Assessment Disposition Determination) 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 (Making the CPS Assessment Disposition Determination) 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.
[ED. NOTE: Forms referenced are available from the agency.]

Source: Rule 413-010-0735 — Local Child Welfare Office Review of CPS Founded Dispositions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0735.

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 413-010-0735’s source at or​.us