Or. Admin. R. 413-015-0455

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

Section 413-015-0455 - Protective Custody and Juvenile Court Action

(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).

(3) Except as provided in section (4) of this rule, a CPS worker may take a child into protective custody without a court order in the following circumstances:

(a) When there is reasonable cause to believe that:

(A) There is an imminent threat of severe harm to a child;

(B) The child poses an imminent threat of severe harm to self or others; or

(C) There is an imminent threat that the child's parent or guardian will cause the child to be beyond the reach of the juvenile court before the court can order the child to be taken into protective custody.

(b) When the CPS worker observes a child who has suffered suspicious physical injury and the CPS worker is certain or there is a reasonable suspicion the injury is or may be the result of abuse, only for the period of time necessary to ensure compliance with the requirements of ORS 419B.023 and OAR 413-015-0415(9)(b) and (10)(b).

(4) If there is reason to know that the child is an Indian child, the child may be taken into protective custody without a court order only when it is necessary to prevent imminent physical damage or harm to the child.

(5) If there is any resistance or threatened resistance to taking the child into protective custody, which creates a substantial risk of physical injury to any person, the CPS worker may not take the child into custody, but must wait for law enforcement assistance or obtain an order of protective custody from the juvenile court.

(6) When a CPS worker takes a child into protective custody, with or without a court order, the CPS worker:

(a) Must promptly complete a protective custody report. A protective custody report is required even if the child is released to a parent or other responsible person prior to a shelter care hearing. The report must be completed and sent to the juvenile court the day the child is taken into custody or no later than the morning of the next business day.

(b) If the child is not released to a parent or other responsible person, but is retained in protective custody, must schedule a shelter hearing as required by ORS 419B.183.

(c) Must notify, in writing, the child's parents, non- custodial parent, Indian custodian, caregivers, and if the CPS worker knows or has reason to know the child is an Indian child, the child's tribe. If the CPS worker knows or has reason to know the child is an Indian child, the worker must also comply with OAR chapter 413, division 115.

(d) Must immediately ensure diligent efforts are made to identify the child's legal parents and any putative fathers. Information about putative fathers must be recorded on form CF 418, "Father(s) Questionnaire" and filed in the case record.

Or. Admin. R. 413-015-0455

CWP 25-2003, f. & cert. ef. 7-1-03; Renumbered from 413-015-0410, CWP 3-2007, f. & cert. ef. 3-20-07; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; 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 55-2019, amend filed 12/30/2019, effective 1/1/2020; CWP 37-2023, minor correction filed 05/16/2023, effective 5/16/2023; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024; CWP 2-2024, amend filed 01/29/2024, effective 2/1/2024

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.171, ORS 419B.183 & ORS 419B.809