Or. Admin. R. 413-015-0425

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-015-0425 - Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat

(1) Present Danger Safety Threat. At initial contact and at any time during the 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) Impending Danger Safety Threat. Throughout the CPS assessment as new information is gathered and also at the conclusion of the CPS assessment when all information is gathered, the CPS worker must apply the following safety threshold criteria to determine if an impending danger safety threat is present. When the CPS worker concludes all the criteria apply to the family behaviors, conditions, or circumstances, an impending danger safety threat is present.

(a) Imminent. The family behavior, condition, or circumstance is likely to occur in the immediate to near future.

(b) Observable. The family behavior, condition, or circumstance is observable and can be clearly described and articulated.

(c) Vulnerable Child. The child's vulnerability is determined by considering the child's physical and emotional development, ability to communicate needs, mobility, size and dependence, and the child's personal characteristics in relation to the family behaviors, conditions, and circumstances.

(d) Out of Control. A family behavior, condition, or circumstance that can affect a child's safety is unrestrained, unmanaged, without limits or monitoring, not subject to influence or manipulation within the control of the family, resulting in an unpredictable and chaotic family environment. The CPS worker must determine whether a parent or caregiver can or cannot and will or will not protect the child from the family behavior, condition, or circumstance.

(e) Severity. A family behavior, condition, or circumstance is likely to result in severe harm to a child.

(3) When the CPS worker determines there is a present danger safety threat or impending danger safety threat the CPS worker must:

(a) If the CPS worker determines a child is unsafe due to a present danger safety threat, establish a protective action plan as outlined in OAR 413-015-0435, "Develop a Protective Action Plan", and continue the activities required to sufficiently complete the CPS assessment.

(b) If the CPS worker determines a child is unsafe due to an impending danger safety threat, establish:

(A) An initial safety plan as outlined in OAR 413-015-0437, "Develop an Initial Safety Plan", and continue the activities required to sufficiently complete the CPS assessment when the determination is made prior to the conclusion of the CPS assessment.

(B) When the CPS worker determines a child is unsafe due to an impending danger safety threat at the conclusion of the CPS assessment, the CPS worker must establish an ongoing safety plan as outlined in OAR 413-015-0450, "Develop an Ongoing Safety Plan."

(4) Documentation of Present Danger Safety Threats and Impending Danger Safety Threats. The CPS worker must document in the Child Welfare electronic information system the determination that a present danger safety threat or impending danger safety threat is present or not, and explain the information that supports the determination.

Or. Admin. R. 413-015-0425

CWP 3-2007, f. & cert. ef. 3-20-07; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 52-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018; CWP 104-2018, amend filed 09/10/2018, effective 9/10/2018; CWP 43-2023, minor correction filed 05/16/2023, effective 5/16/2023

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