justicedao/ipfs_state_laws huggingface dataset:
413-015-0428 Identify How the Impending Danger Safety Threat is Occurring (1) When the CPS worker determines an impending danger safety threat is present, the CPS worker must identify how the impending danger safety threat is occurring in the family to determine the necessary level of safety intervention required to assure child safety. The CPS worker must use the information gathered to determine: (a) Who. Who is creating or allowing the threat; (b) What. What are they doing or not doing; (c) To whom. Which children are affected; (d) When. Specific times during the day or week, if any, that requires special attention due to the way the family behaviors, conditions, or circumstances are occurring; (e) Precipitants or family conditions. What contributes to the threat; (f) Frequency. How often does the precipitant, family condition, or threat occur; (g) Duration. How long has the family condition been occurring; and (h) Persistent. How pervasive is the family condition or threat. (2) Documentation of how the impending danger safety threat is occurring. The CPS worker must document how each impending danger safety threat is occurring in the Child Welfare electronic information system. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015, ORS 418.005, ORS 409.185 & ORS 419B.005 - 419B.050 History: CWP 42-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 75-2018, minor correction filed 07/05/2018, effective 07/05/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
413-015-0435 Develop a Protective Action Plan (1) If the CPS worker determines the child is unsafe due to a present danger safety threat, the CPS worker must immediately initiate a protective action plan. This usually occurs during the initial contact but must occur at any time during the CPS assessment if it is determined that the child is unsafe due to present danger. The purpose of the protective action plan is to ensure that children are safe while CPS intervention continues and a fuller understanding of the family behaviors, conditions, and circumstances is obtained. A protective action plan occurs the same day that it is determined the child is unsafe and provides a child with responsible adult supervision and care. (2) Requirements for a Protective Action Plan. When developing a protective action plan, the CPS worker must ensure all requirements in OAR 413-015-0432 are met and that the protective action plan: (a) Manages present danger safety threats; (b) Is in place before the CPS worker leaves the home; (c) Does not remain in place longer than 10 calendar days; and (d) Does not remain in place after the CPS assessment is complete. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 41-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 46-2019, amend filed 09/27/2019, effective 09/30/2019 CWP 24-2019, temporary amend filed 05/01/2019, effective 05/02/2019 through 10/01/2019 CWP 22-2019, temporary amend filed 04/05/2019, effective 04/08/2019 through 10/01/2019 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0437 Develop an Initial Safety Plan (1) If the CPS worker determines the child is unsafe due to an impending danger safety threat, the CPS worker must develop and document an initial safety plan. The purpose of the initial safety plan is to assure that children are safe while CPS intervention continues and a fuller understanding of the family behaviors, conditions, or circumstances is obtained. (2) Requirements for an initial safety plan. When developing an initial safety plan the CPS worker must assure all requirements in OAR 413-015-0432, “Develop Safety Plans”, are met and that the initial safety plan: (a) Manages impending danger safety threats; and (b) Does not continue or remain in place after the CPS assessment is complete. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.185, ORS 418.005 & ORS 419B.005 - 419B.050 History: CWP 40-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
413-015-0440 Determine Disposition of the CPS Assessment (1) The CPS worker must determine a disposition for all CPS assessments completed by Child Welfare as required by ORS 419B.026 (1). (2) Requirement to Determine Disposition of the CPS assessment . The CPS worker must determine if there is reasonable cause to believe that abuse occurred and explain the basis for that determination. (a) The requirements for determining dispositions on a report of abuse as defined in ORS 419B.005 are described in OAR 413-015-1015(1). (b) The requirements for determining dispositions on a report of abuse as defined in ORS 418.257 involving a resource family or respite provider certified by Child Welfare are described in OAR 413-015-1015(2). (3) When a disposition is founded or substantiated for abuse , the CPS worker must refer all victims three years old and under to Early Intervention as outlined in the Child Welfare Procedure Manual. (4) Documentation. The CPS worker must document that determination and explain the basis for the determination in the disposition narrative section of the Child Welfare electronic information system prior to completing the CPS assessment . Statutory/Other Authority: ORS 418.005, ORS 419B.026 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023 CWP 5-2022, amend filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020 CWP 76-2018, minor correction filed 07/05/2018, effective 07/05/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0450 Develop an Ongoing Safety Plan (1) At the completion of the CPS assessment when the CPS worker determines, through an analysis of the safety related information, that a child is unsafe , the CPS worker and permanency worker must develop and document an ongoing safety plan unless completing a CPS assessment involving a resource family or respite provider certified by Child Welfare. The purpose of the ongoing safety plan is to control the impending danger safety threats as they are uniquely occurring within a particular family. (2) Requirements for an Ongoing Safety Plan. When developing an ongoing safety plan, the CPS worker and permanency worker must assure all requirements in OAR 413-015-0432, "Develop Safety Plans," are met and: (a) Use a Family Engagement Meeting unless a supervisor approved an exception; (b) Include conditions for return when an out-of-home ongoing safety plan is developed; and (c) Re-evaluate the initial safety plan , if one is in place, to determine if it is appropriate and sufficient as an ongoing safety plan and re-confirm all commitments with all safety service providers identified in the initial safety plan if it is to become an ongoing safety plan . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 85-2023, amend filed 10/24/2023, effective 11/01/2023 CWP 38-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021 CWP 55-2019, amend filed 12/30/2019, effective 01/01/2020 CWP 77-2018, minor correction filed 07/05/2018, effective 07/05/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 17-2014, f. & cert. ef. 12-24-14 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0460 Visitation (1) If an out-of-home ongoing safety plan is developed, the CPS worker must arrange for visitation between the child and the child's family. (2) The CPS worker must refer to "Visits and Other Types of Child and Family Contact", OAR 413-070-0800 to 413-070-0880. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.185, ORS 418.005, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 36-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0465 Required Assessments and Screenings for all Children Entering Substitute Care (1) Each child placed in substitute care must receive the following: (a) An intake nursing assessment by a DHS contracted nurse, shortly after entering care; (b) A comprehensive health assessment by the child’s primary healthcare provider, within 30 calendar days of entering care; (c) A dental assessment for children age 1 and older, within 30 calendar days of entering care; (d) A Child and Adolescent Needs and Strengths (CANS) screening, within 60 calendar days of entering care; (e) A mental-health assessment for children age 3 and older, within 60 calendar days of entering care; and (f) An Early Intervention Screening for children ages 0-2, within 60 calendar days of entering care. (See CPS Early Intervention Referral form CF323.) (2) The caseworker of a child who is placed in substitute care must ensure that the child receives: (a) All required assessments and screenings as described in section (1) of this rule; and (b) All treatment and services that are recommended in the required assessments and screenings that are covered by either Oregon Health Plan (OHP) or the child’s private health insurance. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 35-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 104-2018, amend filed 09/10/2018, effective 09/10/2018 CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 22-2018, amend filed 03/11/2018, effective 03/11/2018 CWP 13-2017(Temp), f. & cert. ef. 9-13-17 thru 3-11-18 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0475 CPS Assessment Documentation, Completion, and Supervisory Review Requirements (1) The CPS worker must record assessment activities and information gathered during the CPS assessment process. This includes ensuring materials and records obtained during the CPS assessment are uploaded in the to the Child Welfare electronic information system. (2) The CPS worker must complete the CPS assessment and electronically submit the CPS assessment for review by a CPS supervisor, within 60 calendar days of the day that the information alleging abuse is received by the screener, except as provided in OAR 413-015-0480, "CPS Assessment Extensions." (3) The completion of the CPS assessment must not interfere with the timely development of the initial case plan as required in OAR 413-040-0010 when Child Welfare is granted temporary custody of the child during the CPS assessment. (4) A CPS supervisor or designee must review and approve a completed CPS assessment within five business days of the electronic submission of the assessment by the CPS worker. After the assessment is reviewed by a CPS supervisor, if the alleged perpetrator is an employee of any program, office or division of the Department or OYA, the CPS Supervisor must inform the Department's Office of Human Resources of the disposition. If the disposition is founded or substantiated, the CPS supervisor must also inform the Department's Office of Human Resources of the type of abuse. The CPS supervisor must document the notification in the Child Welfare electronic information system. (5) Each local Child Welfare office may designate an individual to electronically enter into the Child Welfare electronic information system the verification of the completed review and approval of a CPS assessment by a CPS supervisor or designee. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024 CWP 33-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 78-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0480 CPS Assessment Extensions Unless Child Welfare is granted temporary custody of the child during the CPS assessment, the Child Welfare Program Manager may approve a one-time extension to the time line outlined in OAR 413-015-0475 of an additional 30 calendar days for completion of the CPS assessment if critical information (information necessary to determine safety or disposition) is outstanding and the ability to obtain the critical information is beyond the reasonable control of the CPS worker. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 32-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 81-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 79-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 3-2007, f. & cert. ef. 3-20-07
413-015-0485 Confidentiality Information gathered and records and reports compiled during a CPS assessment are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 31-2023, minor correction filed 05/16/2023, effective 05/16/2023 CWP 82-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 Renumbered from 413-015-0740, CWP 3-2007, f. & cert. ef. 3-20-07 CWP 25-2003, f. & cert. ef. 7-1-03
413-015-0601 Purpose The purpose of these rules (OAR 413-015-0601 to 413-015-0608) is to describe Child Welfare responsibilities during the screening and assessment of a report of abuse that involves a resource family or respite provider certified by Child Welfare. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.015, ORS 419B.020 & ORS 418.205 -418.327 History: CWP 70-2023, amend filed 06/29/2023, effective 06/29/2023 CWP 11-2021, amend filed 04/27/2021, effective 05/01/2021 CWP 112-2020, minor correction filed 02/18/2020, effective 02/18/2020 CWP 121-2018, minor correction filed 12/03/2018, effective 12/03/2018 CWP 89-2018, minor correction filed 07/09/2018, effective 07/09/2018 CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 20-2017, renumbered from 413-200-0404, filed 12/26/2017, effective 12/26/2017 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12 CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12 CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
413-015-0801 Purpose and Overview of Third Party CPS Assessment Rules These rules, OAR 413-015-0800 to 413-015-0885, describe the activities required to sufficiently complete a third party CPS assessment when the referral contains reports of third party abuse only. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0803 Assignment of Third Party CPS Assessment (1) A third party CPS assessment may only be assigned to a Child Welfare employee whose current position is a CPS worker , a CPS supervisor , or an employee who meets the definition of CPS worker . (2) Whenever possible, separate CPS workers must be assigned to complete the assessments of allegations when a parent is a child, an alleged perpetrator and alleged victim . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024 CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0804 Receipt of New Information on an Open Third Party CPS Assessment When a CPS worker receives notification from a screener that a closed at screening or new referral was created on an open third party CPS assessment , the CPS worker must review the new information, in consultation with the CPS supervisor, on the same day the CPS worker received notification of the new information. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0805 Third Party CPS Assessment Response Timelines (1) The timeline for the response refers to the amount of time from the receipt of a report at screening to the time when the CPS worker is required to make an initial contact . (2) Every third party CPS assessment must be assigned one of the following response timelines by a screener pursuant to OAR 413-015-0210 and the CPS worker must make an initial contact within the assigned response timeline: (a) Within 24 hours. (b) Within 72 hours. (c) Within 10 business days. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 418.800 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0809 Exceptions to Completing a Third Party CPS Assessment (1) Exception to Completing a third party CPS assessment . (a) The only exception to completing a third party CPS assessment required by these rules (OAR 413-015-0800 to 413-015-0885) on an assigned referral is when a CPS worker , in consultation with a CPS supervisor or designee, determines that the referral does not require a third party CPS assessment because: (A) The referral was opened in error; or (B) There is no longer an allegation of abuse . The CPS worker received information after being assigned the referral and that information in combination with the corresponding screening report no longer constitutes a report of abuse as defined in ORS 419B.005 or, when applicable, ORS 418.205 – 418.327. This exception may be used only when the CPS worker and the CPS supervisor or designee determine the information: (i) Is not from the alleged perpetrator or the alleged perpetrator ’s parent or caregiver if the alleged perpetrator is a child ; (ii) Relates directly to and specifically negates all allegations in the screening report; and (iii) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information. (b) The exception in section (1) of this rule is not permitted and a third party CPS assessment must be completed when the CPS worker has already made contact with the parent or caregiver of the alleged victim , the alleged victim, the alleged perpetrator, or the parent or caregiver of the alleged perpetrator if the alleged perpetrator is a child , unless: (A) The parent , caregiver , or alleged victim , is the original reporter; (B) The report was documented under the wrong case and corrected report is created; (C) The alleged victim never existed; or (D) The alleged victim is no longer a child; (c) If contact was made as described in subsection (b), the contact must be documented in the CPS assessment , even if the exception in subsection (a) is granted. (d) If the exception in section (1) of this rule is granted, the local Child Welfare office is responsible for sending written notice to the alleged perpetrator that a criminal records check was conducted, as described in OAR 413-015-1120, using the form provided by the Department , unless the notification is completed by the Oregon Child Abuse Hotline. (2) The CPS worker must document any exceptions granted under this rule in the Child Welfare electronic information system and explain the basis for the exception. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015, ORS 419B.005 - 419B.050 & ORS 419B.026 History: CWP 2-2024, amend filed 01/29/2024, effective 02/01/2024 CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022
413-015-0825 Determine If There is a Present Danger Safety Threat on a Third Party CPS Assessment (1) At initial contact and at any time during the third party CPS assessment the CPS worker must determine if a present danger safety threat is occurring. To determine there is a present danger safety threat , the CPS worker must conclude the danger is immediate, significant, and clearly observable . (2) If the CPS worker determines there is a present danger safety threat , the CPS worker must work cooperatively with the alleged victim’s parent or caregiver to manage child safety. If no parent or caregiver is willing or able to protect the alleged victim , the CPS worker must: (a) Immediately consult with a CPS supervisor unless doing so would compromise child safety; (b) Establish a protective action plan as outlined in OAR 413-015-0432 “Develop a Safety Plan” and OAR 413-015-0435, "Develop a Protective Action Plan"; (c) Refer to OAR 413-015-0850 as safety concerns must be addressed under a familial case; and (d) Continue the activities required to sufficiently complete the third party CPS assessment . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.185, ORS 418.015 & ORS 419B.005 - 419B.050 History: CWP 5-2022, adopt filed 03/28/2022, effective 03/28/2022 CWP 20-2021, temporary adopt filed 09/30/2021, effective 09/30/2021 through 03/28/2022