(2) The teams shall develop a written protocol for immediate investigation of and notification procedures for child abuse cases, including child sexual abuse, and for interviewing child abuse victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify:
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member agencies;
(d) Guidelines for completion of responsibilities by member agencies;
(e) That upon clear disclosure that the alleged child abuse occurred in a child care facility as defined in ORS 329A.250, immediate notification of parents or guardians of children attending the child care facility is required regarding any abuse allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the child is necessary for the child’s safety.
(3) Each team member and the personnel conducting child abuse investigations and interviews of child abuse victims shall be trained in risk assessment, the dynamics of child abuse, child sexual abuse and rape of children, and forensic interviewing.
(4) All investigations of child abuse and interviews of child abuse victims shall be carried out by appropriate personnel using the protocols and procedures called for in this section. If trained personnel are not available in a timely fashion and, in the judgment of a law enforcement officer or child protective services worker, there is reasonable cause to believe a delay in investigation or interview of the child abuse victim could place the child in jeopardy of physical harm, the investigation may proceed without full participation of all personnel. This authority applies only for as long as reasonable danger to the child exists. A law enforcement officer or child protective services worker shall make a reasonable effort to find and provide a trained investigator or interviewer.
(5) To ensure the protection and safe placement of a child, the Department of Human Services may request that team members obtain criminal history information on any person who is part of the household where the department may place or has placed a child who is in the department’s custody. All information obtained by the team members and the department in the exercise of their duties is confidential and may be disclosed only when necessary to ensure the safe placement of a child.
(6) Each team shall classify, assess and review cases under investigation.
(7)(a) Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section. Each team shall submit to the administrator of the Child Abuse Multidisciplinary Intervention Program copies of the protocols and procedures required under this section and the results of the evaluation as requested.
(b) The administrator may:
(A) Consider the evaluation results when making eligibility determinations under ORS 418.746 (3);
(B) If requested by the Advisory Council on Child Abuse Assessment, ask a team to revise the protocols and procedures being used by the team based on the evaluation results; or
(C) Ask a team to evaluate the team’s compliance with the protocols and procedures in a particular case.
(c) The information and records compiled under this subsection are exempt from ORS 192.311 to 192.478.
(8) Each team shall develop policies that provide for an independent review of investigation procedures of sensitive cases after completion of court actions on particular cases. The policies shall include independent citizen input. Parents of child abuse victims shall be notified of the review procedure.
(9) Each team shall designate at least one physician, physician assistant or nurse practitioner who has been trained to conduct child abuse assessments, as defined in ORS 418.782, and who is, or who may designate another physician, physician assistant or nurse practitioner who is, regularly available to conduct the medical assessment described in ORS 419B.023.
(10) If photographs are taken pursuant to ORS 419B.028, and if the team meets to discuss the case, the photographs shall be made available to each member of the team at the first meeting regarding the child’s case following the taking of the photographs.
(11) No later than September 1, 2008, each team shall submit to the Department of Justice a written summary identifying the designated medical professional described in subsection (9) of this section. After that date, this information shall be included in each regular report to the Department of Justice.
(12) If, after reasonable effort, the team is not able to identify a designated medical professional described in subsection (9) of this section, the team shall develop a written plan outlining the necessary steps, recruitment and training needed to make such a medical professional available to the children of the county. The team shall also develop a written strategy to ensure that each child in the county who is a suspected victim of child abuse will receive a medical assessment in compliance with ORS 419B.023. This strategy, and the estimated fiscal impact of any necessary recruitment and training, shall be submitted to the Department of Justice no later than September 1, 2008. This information shall be included in each regular report to the Department of Justice for each reporting period in which a team is not able to identify a designated medical professional described in subsection (9) of this section. [1989 c.998 §4; 1991 c.451 §1; 1993 c.622 §5; 1995 c.134 §1; 1997 c.703 §2; 2001 c.900 §121; 2003 c.354 §2; 2005 c.562 §6; 2007 c.674 §6; 2015 c.736 §63; 2017 c.356 §40; 2019 c.141 §17]
Note: See note under 418.746.
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 418 - Child Welfare Services
Section 418.015 - Custody and care of needy children by department.
Section 418.027 - Agreements for custody, care or treatment; rules.
Section 418.036 - Child welfare report.
Section 418.039 - Policy on prohibited disqualifications of child welfare services providers.
Section 418.041 - Governor’s Child Foster Care Advisory Commission; terms; compensation.
Section 418.043 - Membership of commission; meetings.
Section 418.044 - Functions and duties of commission; rules.
Section 418.046 - Advisory or technical committees; Child Welfare Equity Advisory Committee.
Section 418.194 - Scheduling visitation around school attendance; records.
Section 418.200 - Definitions.
Section 418.201 - Legislative intent.
Section 418.202 - Oregon Foster Children’s Bill of Rights; rules.
Section 418.203 - Prohibitions on discipline or retaliation for speaking about services received.
Section 418.210 - Application of ORS 418.205 to 418.327.
Section 418.215 - Child-caring agency to be licensed, certified or authorized.
Section 418.240 - Licensing, certification and authorization criteria; duration; fees; rules.
Section 418.246 - Bond for outdoor youth program licensure.
Section 418.248 - Certification of proctor foster homes; rules.
Section 418.255 - Inspection and supervision; training; rules.
Section 418.256 - Interference with disclosure of information; rules.
Section 418.257 - Definitions for ORS 418.257 to 418.259.
Section 418.258 - Report of suspected abuse; notifications; investigation.
Section 418.259 - Investigation of suspected abuse; findings; notifications; reports.
Section 418.262 - Minimum staffing required for licensing, inspection and investigation; rules.
Section 418.265 - Reports; audit.
Section 418.275 - Child-caring agency as guardian of child; power of agency.
Section 418.280 - Placement of children.
Section 418.305 - Access to child receiving care or services.
Section 418.318 - Authority to pay for qualified residential treatment programs.
Section 418.319 - Goal regarding placed children receiving federal assistance.
Section 418.322 - Placement in congregate care residential setting; limitations.
Section 418.323 - Qualified residential treatment program; rules.
Section 418.324 - Independent assessment.
Section 418.327 - Licensing of private residential boarding schools; fees.
Section 418.330 - Payments to adoptive parents or guardians; conditions; limitations.
Section 418.335 - Determination of eligibility for payments; review; hearing.
Section 418.345 - Adoption Applicable Child Savings Fund.
Section 418.351 - Definitions for 418.351 to 418.357.
Section 418.353 - Residential care referrals; disclosures; limitations; compensation; penalties.
Section 418.357 - Residential care referral agents; registration; rules; penalties.
Section 418.359 - Referrals to secure transportation services providers; disclosure.
Section 418.470 - Authority to pay for shelter-care homes.
Section 418.519 - Definitions for ORS 418.519 to 418.532.
Section 418.521 - Prohibitions on restraint and involuntary seclusion of children in care.
Section 418.523 - Permissible use of restraint or involuntary seclusion of child in care.
Section 418.528 - Quarterly reports; public access to reports; notices.
Section 418.532 - Notices to children in care.
Section 418.575 - Definitions for ORS 418.575 to 418.598.
Section 418.578 - Legislative findings.
Section 418.585 - Strengthening, Preserving and Reunifying Families Program Fund.
Section 418.606 - Definitions.
Section 418.607 - Legislative intent.
Section 418.608 - Oregon Foster Children’s Sibling Bill of Rights; rules.
Section 418.609 - Applicability of Indian Child Welfare Act.
Section 418.625 - Definitions for ORS 418.625 to 418.645.
Section 418.627 - Placement consistent with the Indian Child Welfare Act.
Section 418.644 - Interference with disclosure of information; rules.
Section 418.647 - Foster care payments.
Section 418.648 - Rights of foster parents.
Section 418.650 - Policy; purpose.
Section 418.653 - Oregon Youth Corps; advisory board; appointment; term; duties.
Section 418.657 - Duties of program director; participant eligibility; rules; staff.
Section 418.660 - Projects; consistency with public land law.
Section 418.663 - Employment goals.
Section 418.691 - Definitions for ORS 418.691 to 418.701.
Section 418.699 - Additional duties or liabilities not imposed on youth sports providers.
Section 418.706 - State Technical Assistance Team for child fatalities; duties.
Section 418.712 - Definitions for ORS 418.714 and 418.718.
Section 418.714 - Domestic violence fatality review teams.
Section 418.718 - Statewide team.
Section 418.726 - Youth Suicide Intervention and Prevention Advisory Committee.
Section 418.731 - Youth Suicide Intervention and Prevention Coordinator; duties.
Section 418.733 - Updates to Youth Suicide Intervention and Prevention Plan; content.
Section 418.748 - Statewide team on child abuse and suicide.
Section 418.751 - Training and education for persons investigating child abuse.
Section 418.782 - Definitions for ORS 418.746 to 418.796.
Section 418.783 - Child Abuse Multidisciplinary Intervention Program.
Section 418.785 - Child fatality review teams.
Section 418.786 - Grant program.
Section 418.788 - Grant application; criteria for awarding grants; rules.
Section 418.790 - Application contents for regional centers; rules.
Section 418.792 - Application contents for children’s advocacy center.
Section 418.793 - Report to Child Abuse Multidisciplinary Intervention Program; rules.
Section 418.794 - Confidentiality of video recordings.
Section 418.795 - Confidentiality of information and records.
Section 418.796 - Authority of council to solicit and accept contributions.
Section 418.800 - Review of certain cases by county child abuse multidisciplinary team.
Section 418.804 - Short title.
Section 418.808 - Critical incident.
Section 418.811 - Team assignment and membership; rules.
Section 418.816 - Critical Incident Review Team website.
Section 418.927 - When refugee child may be removed from home; placement.
Section 418.933 - Judicial determination on removal required.
Section 418.937 - Placement decision; order of preference for placement.
Section 418.939 - Record for refugee child; content.
Section 418.941 - Refugee Child Welfare Advisory Committee; duties; access to juvenile records.
Section 418.950 - Definitions for ORS 418.950 to 418.970.
Section 418.965 - Approval or denial of applications.
Section 418.976 - Definitions for ORS 418.976 to 418.981.
Section 418.978 - System of Care Advisory Council.
Section 418.979 - Purpose; duties; rules.
Section 418.981 - Children’s System Data Dashboard; rules.
Section 418.983 - System of Care Account.
Section 418.984 - Interdisciplinary assessment teams.
Section 418.990 - Criminal penalties.
Section 418.991 - Penalty for interference with disclosure of information.
Section 418.992 - Civil penalty; rules.