Or. Admin. Code § 413-080-0051

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-080-0051 - Addressing Safety Threats and Reports of Abuse on an Open Case

(1) Safety Threat on an Open Case.

(a) If Department staff determine a child or young adult is unsafe due to a present danger safety threat as described in OAR 413-015-0425(1) on a case opened under OAR 413-015-0445(2)(d), staff must immediately consult with a supervisor and establish a protective action plan as described in OAR 413-015-0435. The ongoing safety plan remains in place to address the existing impending danger safety threats.

(b) If Department staff determine a child or young adult is unsafe due to a new impending danger safety threat as described in OAR 413-015-0425(2) on a case opened under OAR 413-015-0445(2)(d), staff must immediately consult with a supervisor and modify the ongoing safety plan.

(c) Department staff must document the behaviors, conditions, or circumstances observed and any protective actionplan taken, or modification made to the ongoing safety plan, in the Department's electronic information system.

(2) Report of Abuse on an Open Case.

(a) When a caseworker receives notification that a closed at screening was created on an open case, the caseworker must:

(A) Review the information in consultation with the supervisor on the same day the caseworker received notification of the new information; and

(B) Determine next steps, if any, to address the information in the closed at screening.

(b) When a caseworker receives information that a report of abuse involving an open case has been assigned for CPS assessment or OTIS investigation, the caseworker must:

(A) Review the information in consultation with the supervisor on the same day the caseworker received notification of the new information;

(B) Determine next steps, if any, which may include collaborating and sharing information with the CPS worker or OTIS investigator, law enforcement, or other authorities involved;

(C) Ensure all of the following are notified that a report has been assigned for CPS assessment or OTIS investigation within three business days of the Department's receipt of the report:

(i) The attorney for the child or young adult.

(ii) The court appointed special advocate (CASA) for the child or young adult.

(iii) The parents or guardians of the child or young adult, unless the caseworker has documented supervisor approval of an exception because notification may interfere with an investigation or assessment or jeopardize the child's safety as allowed by ORS 419B.015(3)(d).

(iv) Any attorney representing the parents or guardians of the child or young adult, unless the caseworker has documented supervisor approval of an exception because notification may interfere with an investigation or assessment or jeopardize the child's safety as allowed by ORS 419B.015(3)(d).

(v) Oregon Judicial Department personnel designated to distribute information to the appropriate Citizen Review Board.

(vi) Other individuals who need the information for case planning when disclosure is authorized by ORS 419B.035.

(c) When a caseworker receives information that a CPS disposition, OTIS abuse determination, or law enforcement outcome has been made on a report of abuse involving an open case, the caseworker must ensure the individuals in paragraph (2)(b)(C) of this rule are notified within ten business days of the disposition, determination, or outcome.

Or. Admin. Code § 413-080-0051

CWP 23-2016, f. & cert. ef. 12/1/2016; CWP 29-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 53-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 119-2020, minor correction filed 02/27/2020, effective 2/27/2020; CWP 130-2020, minor correction filed 06/24/2020, effective 6/24/2020; CWP 136-2020, amend filed 08/27/2020, effective 9/1/2020

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 419B.015, ORS 419B.035, ORS 418.205 & ORS 418.260