1. (1) The Department director or designee must assign a CIRT every time a fatality is determined to be a critical incident.

2. (2) The Department must assign a CIRT no later than the earlier of:

   1. (a) Ten days after the Department becomes aware of a fatality that the department reasonably believes is the result of child abuse; or
   2. (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. (3) Membership of a CIRT:

   1. (a) CIRT members must include:

      1. (A) The director or a deputy director of the Department;
      2. (B) The Child Welfare director or Child Welfare deputy director;
      3. (C) A representative from the Department’s Office of Communications.
      4. (D) If available, a representative of a local CASA Volunteer Program, as defined in ORS 419A.004.

   2. (b) CIRT members may include:

      1. (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;
      2. (B) A CPS Program Manager or designee;
      3. (C) A CIRT Coordinator
      4. (D) Members of the public as appropriate;
      5. (E) A juvenile court judge appointed by the Chief Justice of the Oregon Supreme Court;
      6. (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;

      7. (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:

         1. (i) The critical incident occurred in the person’s district;
         2. (ii) The person had prior contact with or knowledge of the deceased child or the deceased child’s family;
         3. (iii) The person is a family member of any person associated with the case.
      8. (H) The District Manager for the county in which the critical incident occurred;
      9. (I) The Program Manager for the local Child Welfare office in which the critical incident occurred;
      10. (J) Child Welfare supervisors assigned to supervise the caseworkers involved in the identified case;
      11. (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
      12. (L) A representative of an Indian tribe;
      13. (M) A Designated Medical Professional;
      14. (N) Other Department personnel as appropriate.
4. (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. (5) The Department must immediately make the following information regarding the critical incident available on the Department’s public website:

   1. (a) The date of the critical incident and the age of the deceased child;
   2. (b) Whether the child was in the custody of the Department at the time of the critical incident or the fatality;
   3. (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;
   4. (d) The date the Department assigned the CIRT;
   5. (e) The due date for the CIRT’s final report.

Statutory/Other Authority

ORS 418.005 & ORS 419B.024

Statutes/Other Implemented

ORS 418.005 & ORS 419B.024

History

CWP 17-2025, amend filed 09/19/2025, effective 09/19/2025
CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019
CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018
CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18