OAR 413-020-0600
Purpose

(1)

The purpose of these rules is to comply with Public Law 98-457, which requires that procedures be established within Oregon’s Child Protective Services (hereafter referred to as CPS) program to respond to reports of suspected medical neglect, including reports of withholding medically indicated treatment for disabled infants with life-threatening conditions. The regulations indicate that the focus of the Department CPS work will be, “as it is in responding to other reports of child abuse and neglect, to protect the child and assist the family.” Hospitals are encouraged to form review committees to assist with medical and ethical dilemmas arising in the care of disabled infants with life-threatening conditions. Due to the sensitive nature of these cases and the specialized skills required to complete the investigations, the Department will designate a Child Welfare staff person in each of the three cities having tertiary care centers (Portland, Eugene, and Medford) to be a specialist in Medical Neglect investigations. These Medical Neglect Investigators, along with the CPS program manager, will be available to provide telephone consultation and investigations of reports alleging medical neglect of handicapped infants with life-threatening conditions. The Medical Neglect Investigators will form a special investigation “team” with a Designated Consultant Neonatologist and a local CPS caseworker.

(2)

The federal regulations emphasize that parents are the decision makers concerning treatment for their disabled infant based on advice and reasonable medical judgment of their physician(s) with advice from the Hospital Review Committee, if one exists. It is not the Department nor the HRC, nor any other committee, who makes decisions regarding the care and treatment for a child except in highly unusual circumstances where the course treatment is inconsistent with applicable standards established by law.

(3)

The legislation requires that appropriate nutrition, hydration, and medication shall always be provided to the infant, and that the effectiveness of treatment shall not be based on subjective opinions about the future “quality of life” of an infant. In response to a report of medical neglect of a disabled infant with a life-threatening condition, Department’s investigative role is to determine if the decision made to withhold treatment was based on reasonable medical judgment consistent with the definition of “withholding of medically indicated treatment.” (see OAR 413-020-0000 (Definitions).)

Source: Rule 413-020-0600 — Purpose, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0600.

413–020–0000
Definitions 413–020–0005
Purpose 413–020–0010
Voluntary Custody Agreement 413–020–0020
Legal Consent 413–020–0025
Developing the Family Support Services Case Plan when a Parent or Legal Guardian Enters into a Voluntary Custody Agreement with Child Welfare 413–020–0040
Required Reviews 413–020–0045
Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age 413–020–0050
Termination of Voluntary Agreement 413–020–0060
Purpose 413–020–0070
Voluntary Placement Agreement Limitations 413–020–0075
Legal Consent 413–020–0080
Developing the Family Support Services Case Plan and a Voluntary Placement Agreement with the Department 413–020–0085
Required Reviews 413–020–0090
Termination of Voluntary Agreement 413–020–0100
Purpose 413–020–0120
Responsibility of Staff to Secure a Legal Consent 413–020–0130
Department Authority in Voluntary Placement and Voluntary Custody Agreements 413–020–0140
Exercise and Delegation of Legal Authority 413–020–0150
Exercise and Delegation of Guardian Authority 413–020–0160
Actions Not Authorized 413–020–0170
General Provisions 413–020–0200
Purpose 413–020–0230
Referral for and Review of the CANS Screening 413–020–0233
When a Supervision Plan is Required 413–020–0236
Development, Documentation, and Termination of a Supervision Plan 413–020–0240
Use of Physical Restraint 413–020–0245
Responsibilities in Monitoring a Child or Young Adult’s Supervision in a Certified Family 413–020–0255
Training and the Planned Use of Physical Restraint 413–020–0600
Purpose 413–020–0620
Policy 413–020–0630
Preliminary Investigation 413–020–0640
Investigation 413–020–0650
Annual Information Update
Last Updated

Jun. 8, 2021

Rule 413-020-0600’s source at or​.us