reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0428 - Identify How the Impending Danger Safety Threat is Occurring

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0432 - Develop Safety Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 present danger safety threat or impending danger safety threat is identified, a
			 CPS worker must put a safety plan in place to manage the threat. There are
			 three types of safety plans: the protective action plan which manages present
			 danger safety threats, and the initial safety plan and the ongoing safety plan,
			 which manage impending danger safety threats.
(2) Shared requirements for a protective
			 action plan, initial safety plan, or ongoing safety plan:
(a) When developing a protective action plan,
			 initial safety plan, or ongoing safety plan, the CPS worker must:
(A) Assure the plan focuses on and controls
			 the identified present danger safety threat or impending danger safety
			 threat;
(B) Not use a parent or
			 caregiver who is the alleged perpetrator of physical abuse, sexual abuse, or
			 domestic violence to provide protection or any other adult who was aware of the
			 threats to child safety and did not protect;
(C) Include safety service providers that
			 have been confirmed to be suitable to provide safety for the child (refer to
			 OAR 413-015-1200  through 413-015-1230, "Assessment of an Individual as a Safety
			 Service Provider");
(D) Involve the
			 child's parent or caregiver;
(E)
			 Involve the child's tribe as a resource and comply with OAR chapter 413,
			 division 115 when the CPS worker knows or has reason to know that the child is
			 an Indian child; and
(F) Assure it
			 has been approved by a Child Welfare supervisor.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0435 - Develop a Protective Action Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0437 - Develop an Initial Safety Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0440 - Determine Disposition of the CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0445 - Make Child Safety Decision and Determine Whether to Open a Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After all the
			 necessary information is gathered for the CPS assessment and the disposition
			 has been determined, the CPS worker must determine if the child is safe or
			 unsafe at the conclusion of the CPS assessment. To make a child safety decision
			 at the conclusion of a CPS assessment, the CPS worker must again determine if
			 an impending danger safety threat is present as outlined in OAR
			 413-015-0425.
(2) When at the
			 conclusion of the CPS assessment the CPS worker determines one or more
			 impending danger safety threats are present, including a previously identified
			 threat that has not been eliminated, the CPS worker must conclude the child is
			 unsafe. When the CPS worker concludes the child is unsafe at the conclusion of
			 the CPS assessment, the CPS worker must:
(a)
			 Determine how the impending danger safety threat is occurring to support the
			 development of an ongoing safety plan as outlined in OAR
			 413-015-0428;
(b) Develop an
			 ongoing safety plan as outlined in OAR 413-015-0450;
(c) Complete the CPS assessment;
			 and
(d) Open a case.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0450 - Develop an Ongoing Safety Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0455 - Protective Custody and Juvenile Court Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When juvenile court intervention is
			 necessary to assure the
child
is
safe
and the
child
and family receive appropriate services, the
CPS
			 worker
must make arrangements for a juvenile court petition to be
			 filed, as provided in ORS
			 419B.809. The
CPS
			 worker
, in consultation with the
CPS supervisor
, must
			 consider whether
protective custody
is necessary to manage
child
safety prior to the shelter hearing.
(2) A
CPS worker
may take a
child
into
protective custody
with a court
			 order when the
department
believes
protective
			 custody
of the
child
is necessary and the least
			 restrictive means available to:
(a) Protect
			 the
child
from
abuse
;
(b) Prevent the
child
from
			 inflicting harm on self or others;
(c) Ensure the
child
remains
			 within the reach of the juvenile court to protect the
child
from
abuse
or prevent the
child
from
			 inflicting harm on self or others; or
(d) Prevent imminent physical damage or harm
			 to the
child
if there is reason to know the
child
is an Indian
child
; or
(e) Ensure suspicious injuries were
			 photographed and a medical assessment was conducted in accordance with ORS
			 419B.023(2).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0460 - Visitation

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0465 - Required Assessments and Screenings for all Children Entering Substitute Care

Current through Register Vol. 63, No. 7, July 1, 2024
(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.)
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0475 - CPS Assessment Documentation, Completion, and Supervisory Review Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0480 - CPS Assessment Extensions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0485 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0520

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0525

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0530

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.015,
				  ORS
				  418.747,
				  ORS
				  419B.005  - 419B.050 & ORS
				  409.185
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0535

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0545

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0550

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0555

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0560

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185,
				  ORS
				  418.015,
				  ORS
				  418.747  & ORS
				  419B.005  - 419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0565

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.185,
				  418.015,
				  418.747 &
				  419B.005 -
				  419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0601 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0604 - Additional Screening Activities When a Report Involves a Resource Family or Respite Provider Certified by Child Welfare

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Screener Actions When a Report is
			 Received.
(a) When a
screener
receives information that involves a resource family or respite provider
			 certified by Child Welfare, the
screener
must:
(A) Comply with screening requirements in OAR
			 413-015-0200  to 413-015-0225  to gather and share information. When the alleged
			 victim in the
report
is a
young adult
,
			 references in OAR 413-015-0200  to 413-015-0225  to "child" include a
young adult
unless the context indicates otherwise.
(B) Determine if information received:
(i) Meets the definition of
abuse
in OAR 413-015-0115(1)(a)  of a
child
;
			 or
(ii) Meets the definition of
abuse
in OAR 413-015-0115(1)(b)  of a
child
or
young adult
, unless the
abuse
alleged is
			 familial.
(C) Notify the
			 following of all information received:
(i)
			 The assigned
caseworker(s)
of each
child
or
young adult
placed with the resource family or receiving
			 services from the respite provider and the caseworker(s)'s
			 supervisor(s);
(ii) The assigned
			 Child Welfare certifier for the resource family and their supervisor;
			 and
(iii) The assigned Child
			 Welfare certifier for the respite provider and their supervisor (if
			 applicable).
(D) If the
			 information is closed at screening as described in OAR 413-015- 0210(4), notify
			 the individuals listed in paragraph (C) of this subsection that the information
			 was closed at screening.
(E) Notify
			 law enforcement immediately when a crime is suspected to have occurred even if
			 unrelated to a
report
of
abuse
of a
child
or
youngadult
living in a home
			 certified by Child Welfare, or at a home certified by Child
			 Welfare.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0606 - Additional CPS Assessment Activities for a Report Involving a Resource Family or Respite Provider Certified by Child Welfare

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CPS Worker and CPS Supervisor Actions.
(a) If the
report
involving
			 a resource family or respite provider certified by Child Welfare is referred
			 for a
CPS assessment
, the assigned
CPS worker
must convene a staffing before making
initial contact
unless
			 the timing of the staffing will compromise
child
or
young adult
safety. The purpose of the staffing is:
(A) To determine and coordinate the response
			 to the
referral
;
(B) To notify those listed in OAR
			 413-015-0604(1)(a)(C)  of the
referral
; and
(C) To share information regarding the
			 resource family or respite provider, the
children
or
young adults
placed in the home or receiving services from the
			 respite provider, any
caregivers
, and any other individuals
			 living in the home of the resource family or respite provider.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0608 - Additional Activities at the Conclusion of the CPS Assessment on a Resource Family or Respite Provider Certified by Child Welfare

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CPS
Worker
and
			 Supervisor Actions.
(a) In addition to the
			 actions required in OAR 413-015-0400  to 413-015-0485, the
CPS
			 worker
must convene a staffing within five business days of the
			 completion of the
CPS assessment
to:
(A) Share information gathered during the
CPS assessment
, and the results of the
CPS
			 assessment
;
(B) Discuss
			 and determine whether any additional actions described in OAR 413-015-0400  to
			 413-015-0485  are appropriate;
(C)
			 Determine who needs to be notified of the disposition of the
CPS
			 assessment
and determine which staff will be responsible for providing
			 notification as outlined in this rule and in OAR 413-015-0470;
(D) Discuss certification actions that have
			 been taken and whether any additional actions described in OAR 413-200-0270  to
			 413-200-0298  for resource families or OAR 413-205-0000  to 413-205-0085  for
			 certified respite providers are appropriate.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0801 - Purpose and Overview of Third Party CPS Assessment Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0803 - Assignment of Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0804 - Receipt of New Information on an Open Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0805 - Third Party CPS Assessment Response Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0809 - Exceptions to Completing a Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0815 - Third Party CPS Assessment Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Third party CPS assessment
activities are
				outlined below. The activities are described in a logical order in these rules,
				but the order in which they occur is determined by the specific circumstances
				in a given
referral
.
(1) Review records.
(a) The assigned
CPS worker
must:
(A) Thoroughly review the documentation
			 in the
referral
;
(B) Thoroughly review the paper and
			 electronic records maintained by Child Welfare for historical information on
			 the
alleged perpetrator
and the
alleged
			 victim
that may be useful in completing the
third
			 party
CPS assessment
;
(C) Make diligent efforts to contact another
			 state's child welfare agency to obtain records, if any, when the
CPS
			 worker
has information that another state may have information
			 relevant to their
third party CPS assessment
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0820 - Make Initial Contact on a Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
CPS worker
must make
			 an
initial contact,
within the assigned response timeline,
			 unless:
(a) A
CPS worker
determines delaying contact will not compromise
child
safety
			 or the gathering of time-sensitive information; and
(b) The CPS supervisor approves delaying
			 initial contact because additional time is required to:
(A) Collaborate with law
			 enforcement;
(B) Schedule forensic
			 interviews; or
(C) Ensure a
			 trauma-informed response.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0822 - Gather Safety Related Information Through Interview and Observation on a Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
CPS worker
must gather relevant information and facts
			 necessary to complete all parts of the
third party CPS
			 assessment
. The
CPS worker
must gather information
			 through interview and observation about the following:
(a) The extent of the
abuse
;
(b) The
			 circumstances surrounding the
abuse
;
(c)
Child
functioning as it
			 relates to the
alleged victim
and, if applicable, a child
			 identified as an
alleged perpetrator
; and
(d) Adult functioning as it relates to an
alleged perpetrator
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0825 - Determine If There is a Present Danger Safety Threat on a Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0840 - Determine Disposition of the Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CPS worker must determine a
			 disposition for all
third party CPS assessment
s completed by
			 Child Welfare as required by ORS
			 419B.026 (1).
(2) Requirement to Determine Disposition of
			 the
third party
CPS Assessment
. The
CPS worker
must determine if there is reasonable cause to
			 believe that
abuse
occurred and explain the basis for that
			 determination as described in OAR 413-015-1010.
(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).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0845 - Make Child Safety Decision on a Third Party CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After all the
			 necessary information is gathered for the
third party
CPS assessment
and the disposition has been determined, the
CPS worker
must determine if the
alleged victim's
			 parent
or
caregiver
is able to protect the
alleged victim
from the
alleged perpetrator
,
			 if necessary.
(2) The
CPS
			 worker
must document the basis for that determination in the
Child Welfare
electronic information system and:
(a) Conclude the
alleged
			 victim
is
safe
under the
third party CPS
			 assessment;
(b) Complete
			 the
third party
CPS assessment
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0850 - Third Party and CPS Assessment Crossover

Current through Register Vol. 63, No. 7, July 1, 2024
If at any point during a
third party CPS
				assessment
the
CPS worker
:
(1) Has information a
child
is
unsafe
orwas abused by a different
alleged
			 perpetrator
, the
CPS worker
must immediately cause a
report
to be made with the Oregon Child Abuse
			 Hotline.
(2) Has a reason to
			 believe any of the activities required to complete the
third party CPS
			 assessment
, as described in OAR 413-015-0815  through 0822, may make a
child unsafe
, the
CPS worker
must staff with
			 a
CPS supervisor
to determine if:
(a) There are other ways to safely complete
			 the required
third party CPS assessment
activity;
(b) There are exceptions to completing the
third party CPS assessment
activity; and
(c) Legal intervention is necessary to ensure
child
safety.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0875 - Third Party CPS Assessment Documentation, Completion, and Supervisory Review Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
CPS worker
must record assessment activities and information
			 gathered during the
third party CPS assessment
process. This
			 includes ensuring materials and records obtained during the CPS assessment are
			 uploaded in the
Child Welfare
electronic information
			 system.
(2) The
CPS
			 worker
must complete the
third party CPS assessment
and electronically submit the
third party 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 413-015-0880, "Third Party
			 CPS Assessment Extensions."
(3) A
CPS supervisor
or designee must review and approve a completed
third party 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
Departmen
t'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.
(4) 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
third party 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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0880 - Third Party CPS Assessment Extensions

Current through Register Vol. 63, No. 7, July 1, 2024
The
Child Welfare
Program Manager may approve
				a one-time extension to the time line outlined in OAR 413-015-0875  of an
				additional 30 calendar days for completion of the
third party 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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-0885 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Information gathered and records and reports compiled during a
third party 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
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 & 418.005
Stats. Implemented: ORS
				  409.185,
				  418.015 & 419B.005 -
				  419B.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1005 - Purpose of the CPS Assessment Dispositions

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-015-1005  to 413-015-1015  is to describe
				Child Welfare responsibilities when determining CPS assessment dispositions
				for:
(1) Reports of abuse as defined
			 in OAR 413-015-0115(1)(a)  of a child; and
(2) Reports of
abuse
as
			 defined in OAR 413-015-0115(1)(b)  of a
child
or
young
			 adult
living with a
resource family
or receiving
			 services from a
respite provider
certified by Child
			 Welfare.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.185, OS 418.015, ORS
				  419.005 - 419B.050 & ORS
				  418.205  -418.327
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1010 - Standard of Proof and Possible CPS Assessment Dispositions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standard
			 for determining
CPS assessment
dispositions is reasonable
			 cause to believe.
(2) The possible
CPS assessment
dispositions are:
(a) "Founded," which means there is
			 reasonable cause to believe the
abuse
occurred. "Founded" is
			 synonymous with "substantiated" as defined in ORS
			 418.205 - 418.327.
(b) "Unfounded," which
			 means there is no evidence the
abuse
occurred. "Unfounded" is
			 synonymous with "unsubstantiated" as defined in ORS
			 418.205 - 418.327.
(c) "Unable to
			 determine," which means there is some indication the
abuse
occurred, but there is insufficient evidence to conclude that there is
			 reasonable cause to believe the
abuse
occurred. "Unable to
			 determine" is synonymous with "inconclusive as defined in ORS
			 418.205 - 418.327 and may only be used in the following circumstances:
(A) After extensive efforts have been made,
			 the
CPS worker
is unable to locate the family; or
(B) After completing a
CPS
			 assessment
, there is insufficient information to support any other
			 disposition and:
(i) The alleged victim is
			 unable or unwilling to provide consistent information; or
(ii) There is conflicting or inconsistent
			 information from collateral contacts or family.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1100 - Access to Law Enforcement Data System Information (LEDS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 418.005 provides that, in order
			 to establish, extend, and strengthen welfare services for the protection and
			 care of dependent or neglected children, the Department may make all necessary
			 rules and regulations for administering child welfare services. Among other
			 duties outlined by ORS
			 409.010, Child Welfare is
			 responsible for the delivery and administration of programs and services
			 relating to children and families, including
child protective
			 services
and foster care. ORS
			 419B.020 provides that, upon
			 receipt of a
report
of child
abuse
, Child
			 Welfare or a law enforcement agency is required to immediately cause an
			 investigation to be made to determine the nature and cause of the
abuse
. In addition, ORS
			 418.640 requires Child Welfare
			 to adopt rules it deems necessary or advisable to protect the best interests of
			 children in foster homes. Finally, ORS
			 181.537 authorizes Child Welfare
			 to conduct criminal records checks on subject individuals, as defined by Child
			 Welfare, if deemed necessary by Child Welfare.
(2) Child Welfare has determined that, in
			 order to protect children from
abuse
and to protect the best
			 interests of children in foster homes, it is necessary for Child Welfare to
			 perform criminal records checks on subject individuals when Child Welfare is
			 conducting a
child protective services
assessment, has an open
			 child welfare case, or determines that emergency resource home certification
			 decisions must be made.
Statutory/Other Authority: ORS
				  181.537, ORS
				  409.050, ORS
				  418.005, ORS
				  419B.020 & ORS
				  418.640
Statutes/Other Implemented: ORS
				  418.005, ORS
				  181.537, ORS
				  409.010 & ORS
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1105 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The primary
			 purposes of LEDS access is to assist staff in making decisions about safety,
			 specifically related to
child protective services
, assessing
			 safety service providers, and emergency certification as outlined in these
			 rules (OAR 413-015-1100  to 413-015-1125). Criminal history information obtained
			 from LEDS will be considered, along with other safety-related information, to:
(a) Identify present danger safety threats
			 and impending danger safety threats; or
(b) Determine if behavior that is revealed by
			 criminal history is inconsistent with providing care to children or having
			 access to children.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.537,
				  409.050,
				  418.005
Stats. Implemented: ORS
				  181.537,
				  181.557,
				  409.010,
				  418.005,
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1115 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) LEDS
			 representatives must train and certify designated LEDS operators as outlined in
			 OAR 257-015-0050.
(2) Child Welfare
			 will complete background checks on all LEDS representatives and LEDS operators
			 as provided in OAR 257-015-0050(6).
(3) Child Welfare will implement information
			 security measures as provided in OAR 257-015-0000  to 257-015-0100.
Statutory/Other Authority: ORS
				  181.537,
				  ORS
				  409.010,
				  ORS
				  418.005,
				  ORS
				  419B.020  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  181.537,
				  ORS
				  409.010  & ORS
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1120 - LEDS Use for Child Protective Service Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Child Welfare may conduct criminal
			 records checks on a subject individual using the LEDS system available and use
			 LEDS information pertaining to a subject individual for the purpose of making
			 decisions about safety specifically related to Child Protective Services when:
(a) An allegation of
abuse
is being assessed; or
(b) A Child
			 Welfare case is open.