ORS 409.185: Standards and procedures for child protective services.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Director of Human Services shall oversee the development of standards and procedures for assessment, investigation and enforcement of child protective services. (2)(a) The Department of Human Services shall take action to implement the provision of child protective services as outlined in ORS 417.705 to 417.800 and based on the recommendations in the 1992 “Oregon Child Protective Services Performance Study” published by the University of Southern Maine. (b) In all substantiated cases of child abuse and neglect, the role of the department is to complete a comprehensive family assessment of risk of abuse or neglect, or both, assess service needs and provide immediate protective services as necessary. (c) The department shall provide remedial services needed to ensure the safety of the child. (d) In all cases of child abuse and neglect for which a criminal investigation is conducted, the role of law enforcement agencies is to provide a legally sound, child sensitive investigation of whether abuse or neglect or both have occurred and to gather other evidence and perform other responsibilities in accordance with interagency agreements. (e) The department and law enforcement agencies shall conduct the investigation and assessment concurrently, based upon the protocols and procedures of the county child abuse multidisciplinary team in each jurisdiction. (f) When the department and law enforcement agencies conduct a joint investigation and assessment, the activities of the department and agencies are to be clearly differentiated by the protocols of the county child abuse multidisciplinary team. (g) Nothing in this subsection is intended to be inconsistent with ORS 418.702, 418.747 and 418.748 and ORS chapter 419B. (h) In all cases of child abuse for which an investigation is conducted, the department shall provide a child’s parent, guardian or caregiver with a clear written explanation of the investigation process, the court hearing process and the rights of the parent, guardian or caregiver in the abuse investigation and in the court proceedings related to the abuse investigation. (3) Upon receipt of a recommendation of the Children’s Advocate under ORS 417.815 (2)(e), the department shall implement the recommendation or give the Children’s Advocate written notice of an intent not to implement the recommendation. [1993 c.676 §11; 1995 c.79 §397; 1997 c.130 §4; 1997 c.249 §126; 2001 c.900 §68; 2003 c.591 §7; 2005 c.499 §1; 2005 c.562 §24; 2012 c.97 §19; 2019 c.141 §13]
Administrative rules citing this section
- OAR 413-015-0100: Child Protective Service Authority and Responsibility — implements
- OAR 413-015-0105: Purpose of Child Protective Services — implements
- OAR 413-015-0115: Temporary rule language in effect until 08/31/2026. Definitions — implements
- OAR 413-015-0115: Temporary rule language in effect until 08/31/2026. Definitions — authority
- OAR 413-015-0400: Purpose and Overview of the CPS Assessment Rules — implements
- OAR 413-015-0403: Assignment of CPS Assessment — implements
- OAR 413-015-0404: Receipt of New Information on an Open CPS Assessment — implements
- OAR 413-015-0405: CPS Assessment Response Timelines — implements
- OAR 413-015-0409: Exception to Completing a CPS Assessment or CPS Assessment Activities — implements
- OAR 413-015-0415: CPS Assessment Activities — implements
- OAR 413-015-0420: Make Initial Contact — implements
- OAR 413-015-0422: Gather Safety Related Information through Interview and Observation — implements
- OAR 413-015-0425: Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat — implements
- OAR 413-015-0428: Identify How the Impending Danger Safety Threat is Occurring — implements
- OAR 413-015-0432: Develop Safety Plans — implements
- OAR 413-015-0435: Develop a Protective Action Plan — implements
- OAR 413-015-0437: Develop an Initial Safety Plan — implements
- OAR 413-015-0440: Determine Disposition of the CPS Assessment — implements
- OAR 413-015-0445: Make Child Safety Decision and Determine Whether to Open a Case — implements
- OAR 413-015-0450: Develop an Ongoing Safety Plan — implements
- OAR 413-015-0455: Protective Custody and Juvenile Court Action — implements
- OAR 413-015-0460: Visitation — implements
- OAR 413-015-0465: Required Assessments and Screenings for all Children Entering Substitute Care — implements
- OAR 413-015-0470: Notifications at Conclusion of CPS Assessment — implements
- OAR 413-015-0475: CPS Assessment Documentation, Completion, and Supervisory Review Requirements — implements
- OAR 413-015-0480: CPS Assessment Extensions — implements
- OAR 413-015-0485: Confidentiality — implements
- OAR 413-015-0601: Purpose — implements
- OAR 413-015-0604: Additional Screening Activities When a Report Involves a Resource Family or Respite Provider Certified by Child Welfare — implements
- OAR 413-015-0606: Additional CPS Assessment Activities for a Report Involving a Resource Family or Respite Provider Certified by Child Welfare — implements
- OAR 413-015-0608: Additional Activities at the Conclusion of the CPS Assessment on a Resource Family or Respite Provider Certified by Child Welfare — implements
- OAR 413-015-0801: Purpose and Overview of Third Party CPS Assessment Rules — implements
- OAR 413-015-0803: Assignment of Third Party CPS Assessment — implements
- OAR 413-015-0804: Receipt of New Information on an Open Third Party CPS Assessment — implements
- OAR 413-015-0805: Third Party CPS Assessment Response Timelines — implements
- OAR 413-015-0809: Exceptions to Completing a Third Party CPS Assessment — implements
- OAR 413-015-0815: Third Party CPS Assessment Activities — implements
- OAR 413-015-0820: Make Initial Contact on a Third Party CPS Assessment — implements
- OAR 413-015-0822: Gather Safety Related Information Through Interview and Observation on a Third Party CPS Assessment — implements
- OAR 413-015-0825: Determine If There is a Present Danger Safety Threat on a Third Party CPS Assessment — implements
- OAR 413-015-0840: Determine Disposition of the Third Party CPS Assessment — implements
- OAR 413-015-0845: Make Child Safety Decision on a Third Party CPS Assessment — implements
- OAR 413-015-0850: Third Party and CPS Assessment Crossover — implements
- OAR 413-015-0870: Notifications at Conclusion of Third Party CPS Assessment — implements
- OAR 413-015-0875: Third Party CPS Assessment Documentation, Completion, and Supervisory Review Requirements — implements
- OAR 413-015-0880: Third Party CPS Assessment Extensions — implements
- OAR 413-015-0885: Confidentiality — implements
- OAR 413-015-1005: Purpose of the CPS Assessment Dispositions — implements
- OAR 413-015-1010: Standard of Proof and Possible CPS Assessment Dispositions — implements
- OAR 413-015-1015: Making the CPS Assessment Disposition Determination — implements
This rule cites
- ORS 417.705 — resolved
- 417.800 — resolved
- ORS 418.702 — resolved
- 418.747 — resolved
- 418.748 — resolved
- ORS 417.815 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors409.html