(a)For purposes of screening a report of "abuse" of a child subject to ORS 419B.005 (Definitions), "abuse“ means any of the following, except that ”abuse" does not include reasonable discipline unless the discipline results in one of the conditions described in this subsection.
(ii)Buying or selling a person under 18 years of age as described in ORS 163.537 (Buying or selling a person under 18 years of age).
(i)Rape of a child, which includes, but is not limited to, rape, sodomy, unlawful sexual penetration and incest, as described in ORS chapter 163.
(ii)Sexual abuse, as described in ORS chapter 163.
(iii)Sexual exploitation, including, but not limited to:
(I)Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording, or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 (Definitions for ORS 167.002 to 167.027) or described in ORS 163.665 (Definitions) and 163.670 (Using child in display of sexually explicit conduct), sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) or which is designed to serve educational or other legitimate purposes; and
(II)Allowing, permitting, encouraging, or hiring a child to engage in prostitution as described in ORS 167.007 (Prostitution) or a commercial sex act as defined in ORS 163.266 (Trafficking in persons), to purchase sex with a minor as described in ORS 163.413 (Purchasing sex with a minor) or to patronize a prostitute as described in ORS 167.008 (Commercial sexual solicitation).
(b)For purposes of screening a report of abuse of a child or young adult living in a home certified by Child Welfare or ODDS, unless the abuse alleged is familial, "abuse" means any of the following:
(A)Abandonment, including desertion or willful forsaking of a child or young adult, or the withdrawal or neglect of duties and obligations owed a child or young adult by a home certified by Child Welfare or ODDS, a caregiver, or other person.
(i)Financial exploitation includes:
(I)Wrongfully taking the assets, funds, or property belonging to or intended for the use of a child or young adult.
(II)Alarming a child or young adult by conveying a threat to wrongfully take or appropriate moneys or property of the child or young adult if the child would reasonably believe that the threat conveyed would be carried out.
(III)Misappropriating, misusing, or transferring without authorization any moneys from any account held jointly or singly by a child or young adult.
(IV)Failing to use the income or assets of a child or young adult effectively for the support and maintenance of the child or young adult.
(ii)Financial exploitation does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of privileges.
(C)Involuntary seclusion. Involuntary seclusion means confinement of a child or young adult alone in a room from which the child or young adult is physically prevented from leaving.
(i)Involuntary seclusion includes:
(I)Involuntary seclusion of a child or young adult for the convenience of a home certified by Child Welfare or ODDS or a caregiver;
(II)Involuntary seclusion of a child or young adult to discipline the child or young adult;
(ii)Involuntary seclusion does not include age appropriate discipline, including but not limited to a time-out.
(D)Neglect, which includes:
(i)Failure to provide the care, supervision, or services necessary to maintain the physical and mental health of a child or young adult; or
(ii)The failure of a home certified by Child Welfare or ODDS, a caregiver, or other person to make a reasonable effort to protect a child or young adult from abuse.
(E)Physical abuse, which includes:
(i)Any physical injury to a child or young adult caused by other than accidental means, or that appears to conflict with the explanation given of the injury; or
(ii)Willful infliction of physical pain or injury upon a child or young adult.
(F)Sexual abuse, which includes:
(i)Sexual harassment, sexual exploitation as described in ORS 419B.005 (Definitions)(1)(a)(E), or inappropriate exposure to sexually explicit material or language;
(ii)Any sexual contact between a child or young adult and an employee of a home certified by Child Welfare or ODDS, a caregiver, or other person responsible for the provision of care or services to a child or young adult;
(iii)Any sexual contact between a person and a child or young adult that is unlawful under ORS chapter 163 and not subject to a defense under that chapter; or
(iv)Any sexual contact that is achieved through force, trickery, threat, or coercion.
(v)An act that constitutes a crime under ORS 163.375 (Rape in the first degree), 163.405 (Sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 163.467 (Private indecency), or 163.525 (Incest).
(i)Verbal abuse includes threatening severe harm, either physical or emotional, to a child or young adult, through the use of:
(I)Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or
(II)Harassment, coercion, threats, compelling or deterring conduct by threats, humiliation, mental cruelty, or inappropriate sexual comments.
(H)Wrongful use of restraint. Wrongful use of a physical or chemical restraint of a child or young adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
(i)“Physical restraint” means the act of restricting a child or young adult ’s voluntary movement as an emergency measure in order to manage and protect the child or young adult or others from injury when no alternate actions are sufficient to manage the child or young adult’s behavior. “Physical restraint” does not include temporarily holding a child or young adult to assist him or her or assure his or her safety, such as preventing a child or young adult from running onto a busy street.
(ii)“Chemical restraint” means the administration of medication for the management of uncontrolled behavior.
(2)“Caregiver” means a guardian, legal custodian, or other person acting in loco parentis, who exercises significant authority over and responsibility for a child or young adult.
(3)“Caseworker” means a Child Welfare employee assigned primary responsibility for a child or young adult served by Child Welfare.
(4)“Child” means a person who:
(a)Is a person 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 or proctor foster home.
(5)“Child care” means each of the following:
(a)A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.
(b)A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.
(c)A Certified Child Care Center, which is certified to care for 13 or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single-family dwelling.
(d)A Regulated Subsidy Provider, which is a child care provider that is exempt from Office of Child Care licensing and that receives subsidy payments for child care on behalf of clients of the Department.
(e)Other facilities that are operating as a Registered Family Care Home, Certified Family Child Care Home, Certified Child Care Center, or Regulated Subsidy Provider without a certification or registration when a certification or registration is required by the Office of Child Care.
(6)“Child-caring agency” 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:
(G)A facility that primarily serves both adults and children but requires that any child must be accompanied at all times by at least one custodial parent or guardian.
(7)“Child protective services” (CPS) means a specialized social service program that Child Welfare provides on behalf of children or, when applicable, young adults who may be unsafe after a report of abuse is received.
(8)“CPS assessment” means an investigation into a report of abuse pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) or 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) - 418.327 (Licensing of private residential boarding schools) that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and ensure safety through protective action plans, initial safety plans, or ongoing safety planning.
(9)“CPS supervisor” means an employee of Child Welfare trained in child protective services and designated as a supervisor.
(10)“CPS worker” means an employee of Child Welfare who has completed the mandatory Child Welfare training for CPS workers.
(11)“Child Welfare” means the Oregon Department of Human Services, Child Welfare.
(12)“Conditions for return” means a written statement of the specific behaviors, conditions, or circumstances that must exist within a child’s home before a child can safely return and remain in the home with an in-home ongoing safety plan.
(13)“Department” means the Oregon Department of Human Services.
(14)“Designated medical professional” means (as described in ORS 418.747 (County teams for investigation)(9)) a physician, physician assistant, or nurse practitioner who has been designated by the local multi-disciplinary team and trained to conduct child abuse medical assessments (as defined in ORS 418.782 (Definitions for ORS 418.746 to 418.796)), and who is — or who may designate another physician, physician assistant, or nurse practitioner who is — regularly available to conduct these medical assessments.
(15)“Domestic violence” means a pattern of coercive behavior, which can include physical, sexual, economic, and emotional abuse that an individual uses against a past or current intimate partner to gain power and control in a relationship.
(16)“Education provider” as defined in ORS 339.370 (Definitions for ORS 339.370 to 339.400) means:
(a)A school district, as defined in ORS 332.002 (Definitions for chapter);
(b)The Oregon School for the Deaf;
(c)An educational program under the Youth Corrections Education Program;
(d)A public charter school, as defined in ORS 338.005 (Definitions for chapter);
(e)An education service district, as defined in ORS 334.003 (Definitions for chapter);
(f)Any state operated program that provides educational services to kindergarten through grade 12 students; or
(g)A private school.
(17)“Face-to-face” means an in-person interaction between individuals.
(18)“Family engagement meeting” (FEM) means a family-focused intervention facilitated by professional staff that is designed to build and strengthen the natural caregiving system for the child. The purpose of the family engagement meeting is to establish a plan that provides for the safety, attachment, and permanency needs of the child. A FEM meets the Oregon Family Decision Meeting requirements as described in ORS 417.365 (“Family decision-making meeting” defined for ORS 417.365 to 417.375) to 417.375 (Development of family plan) that include extended family and rely upon the family to make decisions about planning for the children.
(19)“Former foster child” means a person under 21 years of age who was in substitute care at or after 16 years of age, including substitute care provided by federally recognized tribes, and had been in substitute care for at least 180 cumulative days after 14 years of age.
(20)“Guardian” means an individual who has been granted guardianship of a child or young adult through a judgment of the court.
(21)“Harm” means any kind of impairment, damage, detriment, or injury to an alleged victim’s physical, sexual, psychological, cognitive, or behavioral development or functioning. “Harm” is the result of abuse and may vary from mild to severe.
(23)“ICWA” means the Indian Child Welfare Act.
(24)“Impending danger safety threat” means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.
(25)“Indian child” means any unmarried person 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.
(26)“Infant” means a child less than one year old.
(27)“Initial contact” means the first face-to-face contact between a CPS worker and a family. The “initial contact” includes face-to-face contact with the alleged victim, his or her siblings, parent or caregiver, and any children and adults living in the home; accessing the home environment; and gathering sufficient information on the family conditions and functioning to determine if present danger safety threats or impending danger safety threats exist.
(28)“Initial safety plan” means a documented set of actions or interventions sufficient to protect a child or, if applicable, a young adult from an impending danger safety threat to allow for completion of the CPS assessment.
(29)“LEDS” means Law Enforcement Data System, the computerized criminal history information system maintained by the Oregon State Police.
(30)“LEDS representative” means the staff person in the local Child Welfare office who has been designated under OAR 257-015-0050 (User Responsibilities)(5) and who has completed the training required by the Oregon State Police to train other employees to be LEDS users.
(31)“LEDS user” means a staff person in the local Child Welfare office who has been trained by a LEDS representative and has been certified by the Oregon State Police to access LEDS information.
(32)“LEDS notice” means a written statement hand-delivered to the subject individual or sent via U.S. mail to his or her last known address informing the subject individual of subsections (a) and (b) of this section. “LEDS notice” does not imply consent or permission of the subject individual.
(a)Child Welfare may conduct, or has already conducted, criminal records checks.
(b)The subject individual has the right to obtain a copy of his or her LEDS record and challenge the accuracy of the information in the record through the Oregon State Police procedures outlined in OAR 257-010-0035 (Access by Individuals for Purpose of Review and/or Challenge).
(33)“Moderate to high needs” means observable family behaviors, conditions, or circumstances that are occurring now; and over the next year without intervention, are likely to have a negative impact on a child’s physical, sexual, psychological, cognitive, or behavioral development or functioning. The potential negative impact is not judged to be severe. While intervention is not required for the child to be safe, it is reasonable to determine that short-term, targeted services could reduce or eliminate the likelihood that the negative impact will occur.
(34)“Monthly face-to-face contact” means in-person interaction between individuals at least once each and every full calendar month.
(35)“Multi-disciplinary team” (MDT) means a county child abuse investigative team as defined in ORS 418.747 (County teams for investigation).
(36)“Observable” means specific, real, can be seen and described. Observable does not include suspicion or gut feeling.
(37)“ODDS” means the Office of Developmental Disabilities Services within the Department.
(38)“ODDS licensed group home” means a 24-hour residential program and setting for children and adults with intellectual or developmental disabilities.
(39)“Ongoing safety plan” means a documented set of actions or interventions that manage the safety of a child or, when applicable, a young adult after Child Welfare has identified one or more impending danger safety threats at the conclusion of a CPS assessment or anytime during ongoing work with a family.
(40)“OTIS” means the Office of Training, Investigations and Safety within the Department.
(41)“Out of control” means family behaviors, conditions, or circumstances that can affect safety of a child or, when applicable, a young adult are unrestrained, unmanaged, without limits or monitoring, not subject to influence or manipulation within the control of the family, resulting in an unpredictable and chaotic family environment.
(42)“OYA” means the Oregon Youth Authority.
(43)“Parent” means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070 (Presumption of parentage), ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian child under the Indian Child Welfare Act (ICWA), “parent” means any biological parent of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom or a father whose paternity has been acknowledged or established under tribal law, recognized in accordance with tribal custom, or openly proclaimed to the court,by the man, the Indian child’s family, the Oregon Department of Human Services or an adoption agency. “Parent” also includes a putative father who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the putative father is not the legal father.
(44)“Personal representative” means a person who is at least 18 years of age and is selected to be present and supportive during the CPS assessment by a child who is the victim of a person crime as defined in ORS 147.425 (Personal representative) and is at least 15 years of age at the time of the crime. The personal representative may not be a person who is a suspect in, party or witness to, the crime.
(45)“Plan of care” means a written plan for a substance-affected infant and the infant’s family, focused on meeting health needs and substance disorder treatment needs and developed in collaboration with the family, the healthcare provider, community agencies and Child Welfare when appropriate.
(46)“Pre-adoptive family” means an individual or individuals who:
(a)Has been selected to be a child’s adoptive family; and
(b)Is in the process of legalizing the relationship to the child through the judgment of the court.
(47)“Present danger safety threat” means an immediate, significant, and clearly observable family behavior, condition, or circumstance occurring in the present tense, already endangering or threatening to endanger a child or, when applicable, a young adult. The family behavior, condition, or circumstance is happening now and it is currently in the process of actively placing a child or, when applicable, a young adult in peril.
(48)“Proctor foster home” 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).
(49)“Protective action plan” means an immediate, same day, short-term plan, lasting a maximum of 10 calendar days, sufficient to protect from a present danger safety threat.
(50)“Protective capacity” means behavioral, cognitive, and emotional characteristics that can specifically and directly be associated with a person’s ability and willingness to care for and keep a child or, when applicable, a young adult safe.
(51)“Protective custody” means custody authorized by ORS 419B.150 (When protective custody authorized).
(52)“Reasonable cause” as defined in ORS 419B.150 (When protective custody authorized) means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts.
(53)“Reasonable suspicion” means a reasonable belief given all of the circumstances, based upon specific and describable facts, that the suspicious physical injury may be the result of abuse. Explanation: The belief must be subjectively and objectively reasonable. In other words, the person subjectively believes that the injury may be the result of abuse, and the belief is objectively reasonable considering all of the circumstances. The circumstances that may give rise to a reasonable belief may include, but not be limited to, observations, interviews, experience, and training. The fact that there are possible non-abuse explanations for the injury does not negate reasonable suspicion.
(54)“Referral” means a report that has been assigned for the purpose of CPS assessment.
(55)“Report” means an allegation of abuse that the screener evaluates to determine if it constitutes a report of abuse as defined in ORS 419B.005 (Definitions) or, when applicable, 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) - 418.327 (Licensing of private residential boarding schools).
(56)“Reporter” means an individual who makes a report.
(57)“Safe” means there is an absence of present danger safety threats and impending danger safety threats.
(58)“Safety service provider” means a participant in a protective action plan, initial safety plan, or ongoing safety plan whose actions, assistance, or supervision help a family in managing safety.
(59)“Safety services” mean the actions, assistance, and supervision provided by safety service providers to manage the identified present danger safety threats or impending danger safety threats.
(60)“Safety threshold” means the point at which family behaviors, conditions, or circumstances are manifested in such a way that they are beyond being risk influences and have become an impending danger safety threat. In order to reach the “safety threshold” the behaviors, conditions, or circumstances must meet all of the following criteria: be imminent, be out of control, affect a vulnerable child or young adult, be specific and observable, and have potential to cause severe harm. The “safety threshold” criteria are used to determine the presence of an impending danger safety threat.
(61)“School administrator” means the principal, vice principal, assistant principal, or any other person performing the duties of a principal, vice principal, or assistant principal at a school, as defined in the Teacher Standards and Practices Commission (TSPC) OAR 584-005-0005 (Definitions).
(62)“Screener” means a Child Welfare employee with training required to receive information and requests at the Oregon Child Abuse Hotline and assess the information and requests to determine Child Welfare’s response.
(63)“Screening” means the process of determining Child Welfare’s response to information and requests received by the Oregon Child Abuse Hotline.
(64)“Screening supervisor” means an employee of Child Welfare whose primary responsibility is to oversee the work of a screener and ensure compliance with rules and consistency in the practice of screening.
(65)“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.
(66)“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person 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.
(68)“Substance” means any legal or illegal drug with potential for misuse, including any controlled substance as defined by ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), prescription medications, over-the-counter medications, or alcoholic beverages.
(69)“Substance affected infant” means an infant, regardless of whether abuse is suspected, for whom prenatal substance exposure is indicated at birth and subsequent assessment by a health care provider identifies signs of substance withdrawal, a Fetal Alcohol Spectrum Disorder diagnosis, or detectable physical, developmental, cognitive, or emotional delay or harm that is associated with prenatal substance exposure. Prenatal substance exposure is determined by a positive toxicology screen from the infant or the mother at delivery or credible information the mother had an active untreated substance use disorder, during the pregnancy or at the time of birth.
(70)“Substitute care” means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of Child Welfare.
(71)“Suspicious physical injury” (as defined in ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020)) includes, but is not limited to:
(a)Burns or scalds;
(b)Extensive bruising or abrasions on any part of the body;
(c)Bruising, swelling, or abrasions on the head, neck, or face;
(d)Fractures of any bone in a child under the age of three;
(e)Multiple fractures in a child of any age;
(f)Dislocations, soft tissue swelling, or moderate to severe cuts;
(g)Loss of the ability to walk or move normally according to the child’s developmental ability;
(h)Unconsciousness or difficulty maintaining consciousness;
(i)Multiple injuries of different types;
(j)Injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ; or
(k)Any other injury that threatens the physical well-being of the child.
(72)“Teacher” means (as defined in TSPC OAR 584-005-0005 (Definitions)) a licensed or registered employee in a public school or charter school, or employed by an education service district, who has direct responsibility for instruction, coordination of educational programs, or supervision or evaluation of teachers; and who is compensated for services from public funds.
(73)“Third party abuse” means abuse by a person who is not the alleged victim’s parent, caregiver, guardian, or other member of the alleged victim’s household, and who is not responsible for the alleged victim’s care, custody, and control.
(74)“Unsafe” means the presence of a present danger safety threat or an impending danger safety threat.
(75)“Vulnerable child or young adult” means a child or, when applicable, young adult who is unable to protect him or herself. This includes a child or young adult who is dependent on others for sustenance and protection. A “vulnerable child or young adult” is defenseless, exposed to behaviors, conditions, or circumstances that he or she is powerless to manage, and is susceptible and accessible to a threatening parent or caregiver. Vulnerability is judged according to physical and emotional development, ability to communicate needs, mobility, size, and dependence.
(76)“Young adult” means a person aged 18 through 20 years.
Rule 413-015-0115 — Definitions,