Department of Human Services
Child Welfare Programs - Chapter 413
Division 15
INTRODUCTION TO CPS RULES
413-015-0445
Make Child Safety Decision and Determine Whether to Open a Case
(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.
(3) When at the conclusion of the CPS assessment the CPS worker determines no impending danger safety threats are present and any threat identified previously has been eliminated, the CPS worker must conclude the child is safe. When the CPS worker concludes the child is safe at the conclusion of the CPS assessment, the CPS worker must comply with all of the following subsections:
(a) Dismiss the protective action plan or initial safety plan if one is in place.
(b) Determine if the family has moderate to high needs unless completing a CPS assessment involving a resource family or respite provider certified by Child Welfare.
(A) If the family does not have moderate to high needs the CPS worker must complete and close the CPS assessment.
(B) If the family does have moderate to high needs the CPS worker must:
(i) Offer the family referrals to relevant services as available; and
(ii) If the family accepts the offer for referrals to services, the CPS worker must refer the family to relevant services as available.
(c) Complete the CPS assessment.
(d) Close the CPS assessment without opening a case.
(4) Documentation of the Child Safety Decision. The CPS worker must document in the Child Welfare electronic information system the child safety decision including all of the following subsections as applicable:
(a) If the child is safe and the assessment will be closed or the child is unsafe and the case will be opened.
(b) If the child is safe:
(A) Whether the family was identified as having moderate to high needs; and
(B) If applicable, whether the family accepted the offer for service referrals.
(c) The basis for the determination in subsection (a) of this section.
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 39-2023, minor correction filed 05/16/2023, effective 05/16/2023
CWP 7-2021, amend filed 03/01/2021, effective 03/01/2021
CWP 99-2018, minor correction filed 07/09/2018, effective 07/09/2018
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 15-2018, temporary amend filed 02/14/2018, effective 02/14/2018 through 06/30/2018
CWP 25-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 02/13/2018
CWP 11-2017(Temp), f. & cert. ef. 8-18-17 thru 2-13-18
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