(1) When the Department of Human Services becomes aware of a critical incident, the department shall assign a Critical Incident Review Team.

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(2) The department shall assign the team required under subsection (1) of this section 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)(a) Members of the team shall include, at a minimum, the following:

(A) The Director of Human Services or a deputy director of the department;

(B) The lead department personnel responsible for the administration and oversight of the child welfare system within the department or the lead personnel’s deputy; and

(C) The department personnel responsible for media and communications.

(b) Members of the team may include:

(A) Members of the public, appointed by the director, as appropriate;

(B) A juvenile court judge appointed by the Chief Justice of the Supreme Court;

(C) 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; or

(D) If the director determines it is appropriate to include one or more legislators as members of the team, up to one state Senator appointed by the President of the Senate and one state Representative appointed by the Speaker of the House of Representatives. A person is ineligible for appointment to a team under this subparagraph if the critical incident occurred in the person’s district, the person had prior contact with or knowledge of the deceased child or the deceased child’s family, or the person is a family member of any person associated with the case.

(4)(a) During the course of its review of the case, the team may include or consult with the district attorney from the county in which the critical incident occurred.

(b) All members of the team must attend meetings of the team in person, by telephone or by other two-way electronic communication device. A team member may not send a delegate to meetings of the team to appear on the member’s behalf. Notwithstanding the provisions of this paragraph, a meeting of the team may be convened and held even if one or more members are unable to attend the meeting.

(5)(a) All information and records available to the department regarding the critical incident shall be provided to team members. Information and records under this subsection include, but are not limited to, medical records, hospital records, records maintained by any state, county or local agency, police investigative data, coroner or medical examiner investigative data and social services records, as necessary to complete a case review under this section.

(b) Information and records provided to team members are confidential and may be disclosed only as necessary to carry out the purposes of the team’s case review.

(6) In reviewing the case to which the team has been assigned, the team shall, with the assistance and cooperation of the department:

(a) Review the case with the primary focus on the history of the safety and well-being of the child who was involved in the critical incident and any other children who may be impacted by the circumstances surrounding the critical incident.

(b) Document and make a part of the record of the case review all team conclusions and decisions.

(c) Complete the case review even if:

(A) The team concludes that the critical incident was the result of the actions of one or more department employees or staff and that such actions were inconsistent with department policy or administrative rule; or

(B) 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 § 419B.026.

(d) Prepare and submit the final report required under ORS § 418.813.

(7) If the team concludes that the critical incident involves personnel matters relevant to the department, the department shall refer the matters to the human resources or personnel divisions of the department.

(8) The team may meet, upon conclusion of a criminal investigation or prosecution arising out of a child fatality to which the team was assigned for review, with members of law enforcement that investigated the child fatality or with the prosecuting attorneys who prosecuted the case for the purpose of reviewing the conclusions and recommendations of the team and the reports prepared and submitted by the team.

(9) The department shall adopt rules necessary to carry out the provisions of ORS § 418.806 to 418.816. The rules adopted by the department shall substantially conform with the department’s child welfare protocol regarding Notification and Review of Critical Incidents. [Formerly 419B.024]

See note under 418.806.