OAR 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), “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), “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), “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.

Source: Rule 413-015-0425 — Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-015-0425.

413‑015‑0100
Child Protective Service Authority and Responsibility 413‑015‑0105
Purpose of Child Protective Services 413‑015‑0115
Definitions 413‑015‑0125
CPS Responsibility Ends 413‑015‑0200
Purpose of Screening Rules 413‑015‑0205
Information Received 413‑015‑0210
Documentation Requirements 413‑015‑0211
Report of Abuse 413‑015‑0212
Additional Screening Requirements 413‑015‑0213
Request for Family Support Services 413‑015‑0214
Notifications Closed at Screening 413‑015‑0215
Information the OTIS is Responsible for Screening 413‑015‑0220
Case Management Related Information 413‑015‑0225
Information or Referral 413‑015‑0230
Emergency Action 413‑015‑0300
Cross Reporting Defined 413‑015‑0302
Purpose of Cross Reporting 413‑015‑0305
Cross Reporting Requirements 413‑015‑0310
Child Welfare Documentation and Verification Requirements 413‑015‑0400
Purpose and Overview of the CPS Assessment Rules 413‑015‑0403
Assignment of CPS Assessment 413‑015‑0404
Receipt of New Information on an Open CPS Assessment 413‑015‑0405
CPS Assessment Response Timelines 413‑015‑0409
Exception to Completing a CPS Assessment or CPS Assessment Activities 413‑015‑0415
CPS Assessment Activities 413‑015‑0420
Make Initial Contact 413‑015‑0422
Gather Safety Related Information through Interview and Observation 413‑015‑0425
Determine if there is a Present Danger Safety Threat or Impending Danger Safety Threat 413‑015‑0428
Identify How the Impending Danger Safety Threat is Occurring 413‑015‑0432
Develop Safety Plans 413‑015‑0435
Develop a Protective Action Plan 413‑015‑0437
Develop an Initial Safety Plan 413‑015‑0440
Determine Disposition of the CPS Assessment 413‑015‑0445
Make Child Safety Decision and Determine Whether to Open a Case 413‑015‑0450
Develop an Ongoing Safety Plan 413‑015‑0455
Protective Custody and Juvenile Court Action 413‑015‑0460
Visitation 413‑015‑0465
Required Assessments and Screenings for all Children Entering Substitute Care 413‑015‑0470
Notifications at Conclusion of CPS assessment 413‑015‑0475
CPS Assessment Documentation, Completion, and Supervisory Review Requirements 413‑015‑0480
CPS Assessment Extensions 413‑015‑0485
Confidentiality 413‑015‑0601
Purpose 413‑015‑0604
Additional Screening Activities When a Report Involves a Home Certified by Child Welfare 413‑015‑0606
Additional CPS Assessment Activities for a Report Involving a Home Certified by Child Welfare. 413‑015‑0608
Additional Activities at the Conclusion of the CPS Assessment on a Home Certified by Child Welfare 413‑015‑1005
Purpose of the CPS Assessment Dispositions 413‑015‑1010
Standard of Proof and Possible CPS Assessment Dispositions 413‑015‑1015
Making the CPS Assessment Disposition Determination 413‑015‑1100
Authority and Responsibility 413‑015‑1105
Purpose 413‑015‑1115
Requirements 413‑015‑1120
LEDS Use for Child Protective Service Purposes 413‑015‑1125
LEDS Use for Certification Purposes in Emergency Situations 413‑015‑1200
Purpose 413‑015‑1220
Assessment of an Individual’s Involvement in Safety Management 413‑015‑1230
Safety Service Provider Approval
Last Updated

Jun. 8, 2021

Rule 413-015-0425’s source at or​.us