Or. Admin. Code § 413-015-0432 - Develop Safety Plans
(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.
(b) The protective action plan, initial
safety plan, or ongoing safety plan, whether in-home or out-of-home, must:
(A) Be a written document between the parent
or caregiver and Child Welfare;
(B)
Provide a detailed description of the present danger safety threat or impending
danger safety threat;
(C) Describe
how identified present danger safety threats or impending danger safety threats
will be managed, including:
(i) If impending
danger safety threats will be managed in-home, an explanation of how the
in-home criteria outlined in (2)(c)(B) of this rule were met;
(ii) If impending danger safety threats will
be managed out-of-home, an explanation of how the in-home criteria outlined in
(2)(c)(B) of this rule were not met; and
(iii) How the plan will be
monitored.
(D) Identify
the safety service providers and the safety services necessary to implement the
plan; and
(E) Establish the time
commitments and availability of those involved in the plan.
(c) The CPS worker must determine
whether the impending danger safety threat will be managed with an in-home or
out-of-home initial safety plan or ongoing safety plan by determining how the
impending danger safety threat is occurring and applying the in-home safety
plan criteria.
(A) The CPS worker must
understand how the impending danger safety threat is occurring as required in
OAR 413-015-0428, "Identify How the
Impending Danger Safety Threat is Occurring", and use the information about how
the impending danger safety threat is occurring to develop the least intrusive
plan that can manage the identified impending danger safety threat occurring
within the particular family;
(B)
An in-home initial safety plan or in-home ongoing safety plan is required when
all of the following in-home safety plan criteria are met:
(i) There is a home-like setting where the
parent and child live.
(ii) There
are no barriers in the home to allowing safety service providers and activities
to occur.
(iii) At least one parent
is willing to cooperate with the plan.
(iv) The necessary safety activities and
resources are available to implement the plan.
(C) An out-of-home initial safety plan or
out-of-home ongoing safety plan is required when any of the in-home safety plan
criteria outlined in (B)(i) through (iv) above are not met.
(d) A protective action plan,
initial safety plan, or ongoing safety plan may be a combination of in-home and
out-of-home in order to assure the least intrusive intervention.
(e) When CPS worker has determined a child is
unsafe and an individual other than the parent or guardian is required to
manage the child's safety, the CPS worker must comply with OAR
413-070-0069 to identify
relatives and persons with a caregiver relationship. If the child enters care
with a non-relative caregiver, the CPS worker must also comply
with OAR 413-070-0072 to contact and
provide notice to relatives and persons with a caregiver
relationship.
(f) The CPS worker
must make modifications to the protective action plan, initial safety plan, or
ongoing safety plan, as necessary, to continue to control the identified
present danger safety threats or impending danger safety threats.
(g) When assessing an allegation of sexual
abuse, if a plan includes a parent or caregiver, who is the alleged
perpetrator, consenting to leave the family home, the CPS worker must notify
the local district attorney responsible for the MDT in the county where the
child resides that a plan of this type has been developed, pursuant to ORS
418.800. The notice must:
(A) Be in writing; and
(B) Be provided within three business days of
the date the parent or caregiver leaves the family home.
(h) When a plan includes a parent or
caregiver, who is the alleged perpetrator, consenting to leave the family home
without their children or have their children leave the family home without
them, the CPS worker must, in consultation with a supervisor, file a petition
alleging the child is within the jurisdiction of the juvenile court pursuant to
ORS 419B.100 within 10 calendar days
of the date the parent or caregiver or their children leave the home if the
plan is still necessary to assure child safety and will continue to be
necessary for the immediate future. A CPS supervisor and Child Welfare program
manager may jointly approve a one-time extension to continue the plan described
in this section for up to an additional 30 days when the criteria outlined in
"Safety Planning" procedure are met.
(i) When the protective action
plan or initial safety plan involves an
Indian child remaining in the home with a
parent, the CPS worker must make active
efforts to consult and partner with the Indian child's tribe.
If the Indian child's tribe is unavailable, consult with the
Tribal Affairs Unit.
(3)
Additional Requirements for a Protective Action Plan. Refer to OAR
413-015-0435, "Develop a
Protective Action Plan", for additional requirements when developing a
protective action plan.
(4)
Additional Requirements for an Initial Safety Plan. Refer to OAR
413-015-0437, "Develop an
Initial Safety Plan", for additional requirements when developing an initial
safety plan.
(5) Additional
Requirements for an Ongoing Safety Plan. Refer to OAR
413-015-0450, "Develop an
Ongoing Safety Plan", for additional requirements when developing an ongoing
safety plan.
(6) Documentation. The
CPS worker must provide a detailed description of the protective action plan,
initial safety plan, or ongoing safety plan developed to manage the present
danger safety threat or impending danger safety threat. Documentation must be
completed in the Child Welfare electronic information system within five
business days following the identification of the threat and must include:
(a) All requirements outlined in paragraphs
(2)(b)(B) through (E) of this rule;
(b) A summary of the parents' and caregivers'
agreement to and acceptance of the plan; and
(c) The date the plan was reviewed by a
supervisor and the name of the supervisor who reviewed it.
Notes
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
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