Review and Expunction of Central Registries and Reporting Records - Oregon

Right of the Reported Person to Review and Challenge Records
Citation: Admin. Rules §§ 413-010-0715; 413-010-0720; 413-010-0721; 413-010-0735 

The local child welfare office must deliver a notice to the person identified as the perpetrator in the child protective services (CPS)-founded disposition. The notice must include the following:

• A statement that the CPS disposition was recorded as 'founded,' including a description of the type of child abuse identified
• A description of the CPS assessment that briefly explains how the CPS-founded disposition was determined
• A statement about the right of the individual to submit a request for review of the CPS-founded disposition
• Instructions for making a request for review, including the requirement that the requestor provide a full explanation why the requestor believes the CPS-founded disposition is in error
• A statement that the person waives the right to request a review if the request for review is not received by the local office within 30 calendar days from the date of receipt of the notice 
• A statement that the local office will consider relevant information and materials contained in the Department of Human Services' case file, including the CPS assessment and disposition, screening information, assessment information and narrative, related police reports, medical reports, and information submitted with the request for review by the person requesting review 
• A statement that the review process will not include re-interviewing the victim; interviewing or meeting with the person requesting a review, with others associated with the requestor, or with others mentioned in the assessment; or conducting a field assessment of the allegation of abuse   

A person requesting a review must prepare a written request for review within 30 calendar days of the receipt of the notice of the founded disposition that includes the following items:

• The date the request for review is written
• The full name of the person identified as responsible for abuse in the CPS-founded disposition
• A full explanation of why the person believes the founded disposition is in error 
• Any additional information and documents the person wants considered during the review
• The person's current name (if it has changed), street address, and telephone number

The local office must conduct a review and issue a review decision to the requestor within 30 days from the date the local office receives a request for review. The review must be based on current child welfare practice and definitions of child abuse and consider the following:

• Relevant information and materials contained in the department's child welfare case file, including the CPS assessment and disposition, screening information, assessment information and narrative, related police reports, medical reports, and information provided by the person requesting review
• Whether there is reasonable cause to believe that child abuse occurred
• Whether there is reasonable cause to believe that the person requesting review is responsible for the child abuse
• Whether there is reasonable cause to believe that the type of abuse for which the CPS assessment was founded is correctly identified in the assessment

At the conclusion of the review, each committee member must make their respective recommendations known to the child welfare program manager.

The child welfare program manager must do the following:

• Observe the review committee
• Ask questions of the committee members as needed for clarification
• Consider the committee's recommendations and the basis for the recommendations
• Make one of the following decisions:
  • Retain the founded disposition
  • Change the disposition to 'unfounded disposition' or 'unable to determine'
  • Change the type of abuse for which the CPS disposition was founded

The decision and the basis for the decision must be documented.

When Records Must Be Expunged

This issue is not addressed in the laws and policies reviewed.