OAR 413-017-0070: Assigning a CIRT

(1) The Department director or designee must assign a CIRT every time a fatality is determined to be a critical incident . (2) The Department must assign a CIRT no later than the earlier of: (a) Ten days after the Department becomes aware of a fatality that the department reasonably believes is the result of child abuse; or (b) Seven days after the Department causes an investigation under ORS 419B.020 to be made into the nature and cause of a fatality when the department reasonably believes the fatality is the result of child abuse (3) Membership of a CIRT: (a) CIRT members must include: (A) The director or a deputy director of the Department; (B) The Child Welfare director or Child Welfare deputy director; (C) A representative from the Department’s Office of Communications. (D) If available, a representative of a local CASA Volunteer Program, as defined in ORS 419A.004. (b) CIRT members may include: (A) An attorney from the Department of Justice assigned to provide legal advice and representation to the Department on the matter of the critical incident ; (B) A CPS Program Manager or designee; (C) A CIRT Coordinator (D) Members of the public as appropriate; (E) A juvenile court judge appointed by the Chief Justice of the Oregon Supreme Court; (F) A member of a local citizen review board established under ORS 419A.090 whose service area does not include the location where the critical incident occurred; (G) A state Senator appointed by the President of the Senate and a state Representative appointed by the Speaker of the House of Representatives. A state Senator or state Representative is ineligible for appointment to a CIRT if: (i) The critical incident occurred in the person’s district; (ii) The person had prior contact with or knowledge of the deceased child or the deceased child’s family; (iii) The person is a family member of any person associated with the case. (H) The District Manager for the county in which the critical incident occurred; (I) The Program Manager for the local Child Welfare office in which the critical incident occurred; (J) Child Welfare supervisors assigned to supervise the caseworkers involved in the identified case; (K) The Department supervisors assigned to supervise Department personnel responsible for certification or licensing, if the incident involved a child living in a home certified by the Department or an agency licensed by the Department; and (L) A representative of an Indian tribe ; (M) A Designated Medical Professional ; (N) Other Department personnel as appropriate. (4) Once a CIRT has been assigned by the Department Director, it cannot be recalled. If the Department’s investigation into the critical incident results in a finding that the report of child abuse is unfounded or cannot be determined as described in ORS 491B.036, the Department shall prepare and submit a final CIRT report as required under ORS 413-017-0085 (5) The Department must immediately make the following information regarding the critical incident available on the Department’s public website: (a) The date of the critical incident and the age of the deceased child ; (b) Whether the child was in the custody of the Department at the time of the critical incident or the fatality; (c) Whether there was an open CPS assessment under ORS 419B.020 regarding the child at the time of the critical incident or the fatality; (d) The date the Department assigned the CIRT; (e) The due date for the CIRT’s final report.