Oregon Department of Human Services, Child Welfare Programs

Rule Rule 413-015-0409
Exception to Completing a CPS Assessment or CPS Assessment Activities


(1)

Exception to Completing a CPS Assessment.

(a)

The only exception to completing a CPS assessment required by these rules (OAR 413-015-0400 (Purpose and Overview of the CPS Assessment Rules) to 413-015-0485 (Confidentiality)) on an assigned referral is when a CPS worker, in consultation with a CPS supervisor or designee, determines that the referral does not require a CPS assessment because:

(A)

The referral was opened in error; or

(B)

There is no longer an allegation of abuse. The CPS worker received information after being assigned the referral and that information in combination with the corresponding screening report no longer 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). This exception may be used only when the CPS worker and the CPS supervisor or designee determine the information:

(i)

Is not from the alleged perpetrator;

(ii)

Relates directly to and specifically negates all allegations in the screening report; and

(iii)

Is considered on the basis of the objectivity of the individual providing the information and the quality of the information.

(b)

The exception in section (1) of this rule is not permitted and a CPS assessment must be completed when the CPS worker has already made contact with the parent, caregiver, or alleged victim, unless the parent, caregiver, or alleged victim is the original reporter.

(2)

Exception to Completing CPS Assessment Activities. The only exception to completing all requirements of a CPS assessment outlined in these rules (OAR 413-015-0400 (Purpose and Overview of the CPS Assessment Rules) to 413-015-0485 (Confidentiality)) is when the following subsections apply:

(a)

The CPS worker has gathered sufficient information to make a safety determination and the alleged victim is safe;

(b)

The CPS worker has gather sufficient information to make a disposition as required by OAR 413-015-1015 (Making the CPS Assessment Disposition Determination) and the disposition is unfounded; and

(c)

The criteria outlined in the “Exception to Completing CPS Assessment Activities” procedure are met.
(3) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception.
Source

Last accessed
Jun. 8, 2021