Oregon Secretary of State

Certificate and Order for Filing Temporary Administrative Rules and

Statement of Need and Justification

I certify that the attached copies are true, full and correct copies of the TEMPORARY Rule(s) adopted on

September 8, 2017 by the

Department of Human Services, Office of Child Welfare Programs 413

Agency and Division Chapter Number

Amie Fender Human Services Building

500 Summer St NE

Salem, OR 97301

Rules Coordinator Address Telephone

to become effective September 8, 2017 through March 6, 2018.*

*Temporary rules are effective for a maximum of 180 days including the effective date.

Rule Caption: Adopting rules to comply with SB 819 (2017) relating to Critical Incident Response

Teams

In the Matter of: Adoption of OAR 413-070-0050, 413-070-0060, 413-070-0070, 413-070-0080, 413-070-

0090, 413-070-0100, and 413-070-0110

ADOPT: 413-070-0050, 413-070-0060, 413-070-0070, 413-070-0080, 413-070-0090, 413-070-0100, and

413-070-0110

AMEND:

SUSPEND:

ORS 418.005, 419B.024

Stat. Auth.

SB 819 (2017)

Other Auth.

ORS 418.005, 419B.024

Stats. Implemented

Rule Summary

The Department of Human Services, Office of Child Welfare Programs, is adopting temporary rules to establish

the Department's responsibilities when a child fatality occurs and a Critical Incident Response Team (CIRT)

must be convened under ORS 419B.024 as amended by SB 819 (2017). The rules also describe when the

Department has discretion to convene a review team (called a Discretionary Critical Incident Response Team

(DCRIT)) even though a CIRT is not required by law.

Prior rules describing these requirements were suspended because they did not comply with recent legislation.

These rules reflect the requirements of ORS 419B.024 as amended by SB 819 (2017).

The rule text showing proposed changes is available at

http://www.dhs.state.or.us/policy/childwelfare/policy_releases.htm.

Need for the Rules

These rules need to be adopted because recent legislation (SB 819 (2017)) changed the Department's

responsibilities under ORS 419B.024. Previous rules implementing ORS 419B.024 were suspended because

they were not consistent with the law as amended. These rules bring the Department into compliance with

current law.

Documents Relied Upon

Overview of SB 819 (2017) on the Oregon Legislative Information System (OLIS) at

https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB819

Justification of Temporary Rules

The Department finds that failure to act promptly by adopting these rules will result in serious prejudice to the

public interest and the Department because the law requires the Department to adopt rules establishing the

requirements and procedures of responding to critical incidents as provided in ORS 419B.024 as amended by

SB 819 (2017). The Department needs to proceed by temporary rule because the public and the Department will

immediately benefit when the Department has rules in place that are consistent with the law.

DEPARTMENT OF HUMAN SERVICES

OFFICE OF CHILD WELFARE PROGRAMS

CHAPTER 413

DIVISION 017

CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND

DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS

(DCIRT)

THIS IS A NEW DIVISION OF RULES

Temporary Effective 09/08/2017 – 03/06/2018

TABLE OF CONTENTS

413-017-0050 Definitions ........................................................................................................... 1

413-017-0060 Purpose of the Critical Incident Response Team (CIRT) ................................... 2

413-017-0070 CIRT Timelines and Reports............................................................................... 3

413-017-0080 CIRT Membership and Functioning ................................................................... 4

413-017-0090 Purpose of the Discretionary Critical Incident Response Team (DCIRT) .......... 7

413-070-0100 DCIRT Timelines and Reports ............................................................................ 7

413-017-0110 DCIRT Membership and Functioning................................................................. 8

1

CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND

DISCRETIONARY CRITICAL INCIDENT RESPONSE

TEAMS (DCIRT)

413-017-0050

Definitions (Temporary effective 09/08/17)

Unless the context indicates otherwise, the following definitions apply to OAR chapter 413,

division 017.

(1) "Child" means a person who:

(a) Is under 18 years of age; or

(b) Is under 21 years of age and residing in or receiving care or services at a child-

caring agency or proctor foster home.

(2) "Child abuse or neglect" means any form of child abuse, including abuse through neglect

and abuse or neglect by a third party, as defined in ORS 419B.005 or, when applicable,

Oregon Laws 2016, chapter 106, section 36.

(3) "Child protective services assessment (CPS assessment)" means an investigation into a

report of child abuse or neglect pursuant to ORS 419B.020 that includes activities and

interventions to identify and analyze threats to child safety, determine if there is

reasonable cause to believe child abuse or neglect occurred, and assure child safety

through protective action plans, initial safety plans, or ongoing safety planning.

(4) "Critical incident" means a child fatality or serious physical injury to a child involving a

child known to the Department, where the fatality or serious physical injury was likely

the result of child abuse or neglect.

(5) "Critical Incident Response Team (CIRT)" means a team, appointed by the DHS

Director, to conduct an executive review of a critical incident involving a child fatality.

(6) "Custody" means legal custody described in ORS 419B.373.

(7) "Department" means the Department of Human Services, Child Welfare.

(8) "DHS" means the Oregon Department of Human Services.

(9) "Discretionary Critical Incident Response Team (DCIRT)" means a team, appointed by

the DHS Director to conduct an executive review of a critical incident involving a serious

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 2

physical injury as defined in ORS 161.015 that was likely the result of child abuse or

neglect.

(10) "Known to the Department" means a child fatality or serious physical injury has occurred

and:

(a) The child was in the custody of the Department at the time of death or injury;

(b) The child, the child’s sibling, or any other child living in the household with the

child was the subject of a CPS assessment by the Department within the 12

months preceding the fatality or injury;

(c) The child, the child’s sibling, or any other child living in the household with the

child had a pending child welfare or adoption case with the Department within the

12 months preceding the fatality or injury; or

(d) The child, the child’s sibling, or any other child living in the household with the

child was the subject of a report of abuse or neglect made to the Department or a

law enforcement agency within the 12 months preceding the fatality or injury,

whether or not the report was closed at screening without an investigation being

commenced.

(11) "Sibling" means one of two or more children or young adults who are related, or would

be related but for a termination or other disruption of parental rights, in one of the

following ways:

(a) By blood or adoption through a common parent;

(b) Through the marriage of the legal or biological parents of the children or young

adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the

legal or biological parent of the children or young adults.

Stat. Auth.: ORS 418.005, 419B.024

Stats. Implemented: ORS 418.005, 419B.024

413-017-0060

Purpose of the Critical Incident Response Team (CIRT) (Temporary effective 09/08/17)

(1) The purpose of convening the CIRT is to increase child safety by:

(a) Rapidly drawing lessons from a specific incident to improve child welfare

practice administered by the Department;

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 3

(b) Increasing transparency regarding the Department’s processes and practice;

(c) Identifying and evaluating internal or external systemic issues from a child

fatality that impact current practice; and

(d) Ensuring timely responses by the Department with respect to a critical incident.

(2) Reviews conducted as provided in these rules are in addition to and separate from

reviews conducted by a local Multi-Disciplinary Team pursuant to ORS 418.747, a State

Fatality Review team pursuant to ORS 418.748, or activities related to Department

protocols on "Notification and Review of Child Fatalities" and "Notification and Review

of Sensitive Issues."

Stat. Auth.: ORS 418.005, 419B.024

Stats. Implemented: ORS 418.005, 419B.024

413-017-0070

CIRT Timelines and Reports (Temporary effective 09/08/17)

(1) The DHS Director or designee must assign a CIRT within three business days of the

Department becoming aware a critical incident involving a child fatality has occurred.

(2) Reports.

(a) All CIRT reports must be submitted to the DHS Director or designee.

(b) Before submitting any report, the CIRT must consider whether submission of the

report is likely to compromise an ongoing investigation of a law enforcement

agency, pursuant to ORS 419B.024 as amended by SB 819 (2017).

(c) Initial Report. An initial report must be submitted within 60 days of the

assignment of a CIRT.

(d) Progress Reports. If the initial report is not the result of a completed case review,

the CIRT must submit a progress report every 30 days following the initial report

until the final report is submitted.

(e) Final Report. Upon conclusion of the CIRT’s case review, the CIRT must prepare

and submit a final written report. The final written report must include all details

required pursuant to ORS 419B.024 as amended by SB 819 (2017).

(f) Redacted Report. Upon conclusion of the CIRT’s case review, the CIRT must

prepare and submit a version of the final written report that does not contain

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 4

confidential information or records that may not be disclosed to the public. The

Department will make the redacted report available on its website.

(3) The DHS Director has the discretion to extend the deadline for submission of an initial

report, progress report, or final report if:

(a) The DHS Director determines a delay is reasonable; or

(b) The report, even if modified, will compromise a law enforcement agency

investigation and the public interest does not outweigh the potential

consequences.

(4) If the DHS Director extends the deadline for a report under section (3) of this rule, the

Department website will note the extension, current status of the report, and anticipated

completion date.

Stat. Auth.: ORS 418.005, 419B.024

Stats. Implemented: ORS 418.005, 419B.024

413-017-0080

CIRT Membership and Functioning (Temporary effective 09/08/17)

(1) Membership.

(a) The DHS Director or designee appoints members of the CIRT.

(b) CIRT members must include:

(A) The DHS Director;

(B) The Child Welfare Director;

(C) An attorney from the Department of Justice assigned to provide legal

advice and representation to the Department on the matter of the CIRT;

(D) A representative of the Department’s Child Protective Services program,

designated by the Child Protective Services manager;

(E) The CIRT Coordinator; and

(F) A representative from the DHS Office of Public Affairs.

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 5

(c) The DHS Director has discretion to invite additional persons to an individual

CIRT meeting as participants or appoint additional members to the team for the

duration of a particular CIRT, including, but not limited to:

(A) Members of the public.

(B) A juvenile court judge appointed by the Chief Justice of the Oregon

Supreme Court.

(C) A state senator appointed by the President of the Senate and a state

representative appointed by the Speaker of the House of Representatives.

(D) A Department Human Resources representative;

(E) The District Manager for the county or region in which the critical

incident occurred;

(F) The Program Manager for the county or region in which the critical

incident occurred;

(G) Casework supervisors assigned to supervise the workers involved in the

identified case; and

(H) Casework supervisors assigned to supervise the certification workers

involved with the caregiver if the child was in foster care.

(d) A CIRT member may not send a delegate to appear for a meeting on the

member’s behalf.

(2) CIRT members must:

(a) Be provided with all information and records available to the Department

regarding the incident that led to the fatality.

(b) Attend meetings of the team in person, telephonically, or by other two-way

electronic communication.

(3) A meeting of the team may be held even if one or more members are absent.

(4) The CIRT coordinator has the following responsibilities:

(a) Convenes the CIRT meetings;

(b) Ensures any members who are not DHS staff have signed a confidentiality

agreement;

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 6

(c) Ensures all members receive the information and records required in subsection

(2)(a) of this rule;

(d) Ensures a thorough review of all information and records related to the

circumstances that led to the critical incident;

(e) Ensures the team identifies the internal or external systemic issues;

(f) Ensures all team conclusions and decisions are documented; and

(g) Prepares the CIRT reports based on input from the CIRT pursuant to OAR 413-

017-0070.

(4) The CIRT has the following responsibilities:

(a) Reviews information and records related to the circumstances that led to the

critical incident;

(c) Focuses the review and investigation on the safety and well-being of the child

who was involved in the incident that led to the fatality and any other children

who may be impacted by the circumstances surrounding the incident;

(d) During the course of its review, may include or consult with the District Attorney

from the county in which the critical incident occurred pursuant to ORS

419B.024 as amended by SB 819 (2017);

(e) Identifies internal or external systemic or practice issues; and

(f) Provides input for the initial, progress, and final reports prepared by the CIRT

coordinator.

(5) The DHS Director, or designee, must comply with the Oregon public records law ORS

192.410 through 192.505.

(6) The DHS Director or designee must:

(a) Review the recommendations of the CIRT; and

(b) Reconvene the CIRT team within six months of receipt of the final report to

review the actions taken to improve practice.

Stat. Auth.: ORS 418.005, 419B.024

Stat. Implemented: 418.005, 419B.024

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 7

413-017-0090

Purpose of the Discretionary Critical Incident Response Team (DCIRT) (Temporary effective 09/08/17)

(1) The purpose of convening the DCIRT is to increase child safety by:

(a) Rapidly drawing lessons from a specific incident to improve child welfare

practice administered by the Department;

(b) Increasing transparency regarding the Department’s processes and practice;

(c) Evaluating and identifying internal or external systemic issues from a serious

physical injury as defined in ORS 161.015 that impact current practice; and

(d) Ensuring timely responses by the Department with respect to an incident of

serious physical injury to a child.

(2) The determination of whether a serious physical injury has occurred is solely within the

discretion of the DHS Director or designee.

(3) Reviews conducted as provided in these rules are in addition to and separate from

reviews conducted by a local Multi-Disciplinary Team pursuant to ORS 418.747, a State

Fatality Review team pursuant to ORS 418.748, or activities pursuant to Department

protocols "Notification and Review of Child Fatalities" and "Notification and Review of

Sensitive Issues."

Stat. Auth.: ORS 418.005, 419B.024

Stat. Implemented: 418.005, 419B.024

413-070-0100

DCIRT Timelines and Reports (Temporary effective 09/08/17)

(1) The DHS Director or designee may assign a DCIRT any time after becoming aware a

critical incident involving a serious physical injury to a child has occurred.

(2) Reports.

(a) All DCIRT reports must be submitted to the DHS Director or designee.

(b) Before submitting any report, the DCIRT must consider whether submission of

the report is likely to compromise an ongoing investigation of a law enforcement

agency, pursuant to ORS 419B.024 as amended by SB 819 (2017).

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 8

(c) Initial Report. An initial report must be submitted within 60 days of the

assignment of a CIRT.

(d) Progress Reports. Progress reports may be requested by the DHS director or

designee.

(e) Final Report. Upon conclusion of the DCIRT’s case review, the DCIRT must

prepare and submit a final written report.

(f) Redacted Report. Upon conclusion of the DCIRT’s case review, the DCIRT must

prepare and submit a version of the final written report that does not contain

confidential information or records that may not be disclosed to the public. The

Department will make the redacted report available on its website.

(3) The DHS Director or designee has the discretion to extend the deadline for submission of

an initial report, progress report, or final report if the DHS Director determines that a

delay is reasonable.

(4) The DHS Director or designee may determine at any time that the DCIRT’s work is

complete and conclude the DCIRT review process.

413-017-0110

DCIRT Membership and Functioning (Temporary effective 09/08/17)

(1) Membership.

(a) The DHS Director or designee appoints members of the DCIRT.

(b) Unless a conflict of interest exists, DCIRT members must include:

(A) The Child Welfare Director or designee;

(B) An attorney from the Department of Justice assigned to provide legal

advice and representation to the Department on the matter of the DCIRT;

(C) A representative of the Department’s Child Protective Services program,

designated by the Child Protective Services manager;

(D) The CIRT Coordinator; and

(E) A representative from the DHS Office of Public Affairs.

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 9

(c) The DHS Director has discretion to invite additional persons to an individual

DCIRT meeting as participants or appoint additional members to the team for the

duration of a particular DCIRT, including, but not limited to:

(A) Members of the public;

(B) A DHS Human Resources representative;

(C) The District Manager for the county or region in which the serious

physical injury occurred;

(D) The Program Manager for the county or region in which the serious

physical injury occurred;

(E) Casework supervisors assigned to supervise the workers involved in the

identified case; and

(F) Casework supervisors assigned to supervise the certification workers

involved with the caregiver if the child is in foster care.

(2) DCIRT members must:

(a) Be provided with all information and records available to the Department

regarding the incident that led to the serious physical injury.

(b) Attend meetings of the team in person, telephonically, or by other two-way

electronic communication.

(3) A meeting of the team may be held even if one or more members are absent.

(4) The CIRT coordinator has the following responsibilities:

(a) Convenes the DCIRT meetings;

(b) Ensures any members who are not DHS staff have signed a confidentiality

agreement;

(c) Ensures all members receive the documents and information required in

subsection (2)(a) of this rule;

(d) Ensures a thorough review of all information and records related to the

circumstances that led to the critical incident;

(e) Ensures the team identifies the internal or external systemic issues;

(f) Ensures all team conclusions and decisions are documented; and

CRITICAL INDCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY CRITICAL INCIDENT RESPONSE TEAMS (DCIRT)

OAR 413-017-0050 to 413-017-0110

PAGE 10

(g) Prepares the DCIRT reports based on input from the DCIRT pursuant to the

timelines determined by the DHS Director or designee.

(5) The DCIRT has the following responsibilities:

(a) Reviews information and records related to the circumstances that led to the

critical incident;

(b) Focuses the review and investigation on the safety and well-being of the child

who was involved in the incident that led to the serious physical injury and any

other children who may be impacted by the circumstances surrounding the critical

incident;

(c) During the course of its review, may include or consult with the District Attorney

from the county in which the critical incident occurred pursuant to ORS

419B.024 as amended by SB 819 (2017);

(d) Identifies internal or external systemic or practice issues; and

(e) Provides input for the initial, final and any progress reports prepared by the

DCIRT coordinator.

(6) The DHS Director, or the Director’s designee, must comply with the Oregon public

records law ORS 192.410 through 192.505.

(7) The DHS Director or the Director’s designee must:

(a) Review the recommendations of the DCIRT; and

(b) Reconvene the DCIRT team within six months of receipt of the final report to

review the actions taken to improve practice.

Stat. Auth.: ORS 409.050, 418.005

Stat. Implemented: 409.050, 418.005