OAR 413-020-0630
Preliminary Investigation

(1)

When a report of suspected medical neglect of a disabled infant with life-threatening conditions is received and assigned for investigation, the CPS caseworker will immediately contact a Medical Neglect Investigator for consultation and assistance in initiating a preliminary investigation. The Medical Neglect Investigator will have the responsibility to determine the role/activities of the CPS caseworker and the Medical Neglect Investigator during preliminary investigation and “on site” investigation of a report. The Medical Neglect Investigator will conduct the investigations whenever possible.

(2)

During the preliminary investigation, the CPS caseworker or Medical Neglect Investigator will contact the Designated Consultant Neonatologist from a hospital other than the one where the infant is receiving care, for consultation and assistance. (Names of consultant neonatologists are available from the CPS program manager.)

(a)

The Medical Neglect Investigator (or Designated Consultant Neonatologist) shall contact the hospital liaison, advise that person of the nature of the reported suspected medical neglect, and request assistance to obtain the following information:

(A)

Whether the infant is in the hospital;

(B)

The name and location of the infant’s parents;

(C)

The medical condition of the infant, i.e., does the infant have a life-threatening condition;

(D)

The nature of the care and treatment being provided to the infant and what, if any, additional or alternative treatment could be provided;

(E)

If the infant’s parents are in agreement with the care and treatment being provided or if they have refused to consent to recommended treatment;

(F)

If there is a critical time pressure and thus a need for immediate court action;

(G)

The analysis of the HRC or other review body;

(H)

Whether the attending physician has consulted with other medical professionals concerning the care and treatment of the infant and whether the medical professionals are in agreement with the care and treatment being given.

(b)

If treatment is indicated and recommended by the physician and the parents are refusing to consent to treatment, then court action should be immediately initiated or further counseling with the parents pursued. In addition to filing a petition in juvenile court, Child Welfare shall request that a guardian ad litem (GAL) or court appointed special advocate (CASA) be appointed for the child.

(c)

Criteria for continuing or closing preliminary investigation:

(A)

If the facts confirmed by the treatment team indicate any of the following circumstances, then the investigation shall be terminated and the case closed: (The facts should be documented in the case file.)
(i)
The infant is chronically and irreversibly comatose;
(ii)
The provision of treatment would merely prolong dying, not be effective in ameliorating or correcting all the infant’s life-threatening conditions, or otherwise be futile in terms of survival of the infant;
(iii)
The provision of treatment would be virtually futile in terms of survival of the infant and the treatment itself under such circumstances would be inhumane.

(B)

Where there remains doubt about the hospital’s compliance with state laws, parents refuse to authorize medically-indicated treatment, or there is a need for additional information to substantiate a conclusion, the investigation should be continued.

Source: Rule 413-020-0630 — Preliminary Investigation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0630.

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 413-020-0630’s source at or​.us