OAR 413-015-0432
Develop Safety Plans

(1)

When a present danger safety threat or impending danger safety threat is identified, a CPS worker must put a safety plan in place to manage the threat. There are three types of safety plans: the protective action plan which manages present danger safety threats, and the initial safety plan and the ongoing safety plan, which manage impending danger safety threats.

(2)

Shared requirements for a protective action plan, initial safety plan, or ongoing safety plan:

(a)

When developing a protective action plan, initial safety plan, or ongoing safety plan, the CPS worker must:

(A)

Assure the plan focuses on and controls the identified present danger safety threat or impending danger safety threat;

(B)

Not use a parent or caregiver who is the alleged perpetrator of physical abuse, sexual abuse, or domestic violence to provide protection or any other adult who was aware of the threats to child safety and did not protect;

(C)

Include safety service providers that have been confirmed to be suitable to provide safety for the child (refer to OAR 413-015-1200 (Purpose) through 413-015-1230 (Safety Service Provider Approval), “Assessment of an Individual as a Safety Service Provider”);

(D)

Involve the child’s parent or caregiver;

(E)

Involve the child’s tribe as a resource and comply with OAR chapter 413, division 115 when the CPS worker knows or has reason to know that the child is an Indian child; and

(F)

Assure it has been approved by a Child Welfare supervisor.

(b)

The protective action plan, initial safety plan, or ongoing safety plan, whether in-home or out-of-home, must:

(A)

Be a written document between the parent or caregiver and Child Welfare;

(B)

Provide a detailed description of the present danger safety threat or impending danger safety threat;

(C)

Describe how identified present danger safety threats or impending danger safety threats will be managed, including:
(i)
If impending danger safety threats will be managed in-home, an explanation of how the in-home criteria outlined in (2)(c)(B) of this rule were met;
(ii)
If impending danger safety threats will be managed out-of-home, an explanation of how the in-home criteria outlined in (2)(c)(B) of this rule were not met; and
(iii)
How the plan will be monitored.

(D)

Identify the safety service providers and the safety services necessary to implement the plan; and

(E)

Establish the time commitments and availability of those involved in the plan.

(c)

The CPS worker must determine whether the impending danger safety threat will be managed with an in-home or out-of-home initial safety plan or ongoing safety plan by determining how the impending danger safety threat is occurring and applying the in-home safety plan criteria.

(A)

The CPS worker must understand how the impending danger safety threat is occurring as required in OAR 413-015-0428 (Identify How the Impending Danger Safety Threat is Occurring), “Identify How the Impending Danger Safety Threat is Occurring”, and use the information about how the impending danger safety threat is occurring to develop the least intrusive plan that can manage the identified impending danger safety threat occurring within the particular family;

(B)

An in-home initial safety plan or in-home ongoing safety plan is required when all of the following in-home safety plan criteria are met:
(i)
There is a home-like setting where the parent and child live.
(ii)
The home is calm enough to allow safety service providers access and activities to occur.
(iii)
At least one parent is willing to cooperate with the plan.
(iv)
The necessary safety activities and resources are available to implement the plan.

(C)

An out-of-home initial safety plan or out-of-home ongoing safety plan is required when any of the in-home safety plan criteria outlined in (B)(i) through (iv) above are not met.

(d)

A protective action plan, initial safety plan, or ongoing safety plan may be a combination of in-home and out-of-home in order to assure the least intrusive intervention.

(e)

The CPS worker must make modifications to the protective action plan, initial safety plan, or ongoing safety plan, as necessary, to continue to control the identified present danger safety threats or impending danger safety threats.

(f)

When assessing an allegation of sexual abuse, if a plan includes a parent or caregiver, who is the alleged perpetrator, consenting to leave the family home, the CPS worker must notify the local district attorney responsible for the MDT in the county where the child resides that a plan of this type has been developed, pursuant to ORS 418.800 (Review of certain cases by county child abuse multidisciplinary team). The notice must:

(A)

Be in writing; and

(B)

Be provided within three business days of the date the parent or caregiver leaves the family home.

(g)

When a plan includes a parent or caregiver, who is the alleged perpetrator, consenting to leave the family home without their children or have their children leave the family home without them, the CPS worker must, in consultation with a supervisor, file a petition alleging the child is within the jurisdiction of the juvenile court pursuant to ORS 419B.100 (Jurisdiction) within 10 calendar days of the date the parent or caregiver or their children leave the home if the plan is still necessary to assure child safety and will continue to be necessary for the immediate future. A CPS supervisor and Child Welfare program manager may jointly approve a one-time extension to continue the plan described in this section for up to an additional 30 days when the criteria outlined in "Safety Planning” procedure are met.

(3)

Additional Requirements for a Protective Action Plan. Refer to OAR 413-015-0435 (Develop a Protective Action Plan), “Develop a Protective Action Plan”, for additional requirements when developing a protective action plan.

(4)

Additional Requirements for an Initial Safety Plan. Refer to OAR 413-015-0437 (Develop an Initial Safety Plan), “Develop an Initial Safety Plan”, for additional requirements when developing an initial safety plan.

(5)

Additional Requirements for an Ongoing Safety Plan. Refer to OAR 413-015-0450 (Develop an Ongoing Safety Plan), “Develop an Ongoing Safety Plan”, for additional requirements when developing an ongoing safety plan.

(6)

Documentation. The CPS worker must provide a detailed description of the protective action plan, initial safety plan, or ongoing safety plan developed to manage the present danger safety threat or impending danger safety threat. Documentation must be completed in the Child Welfare electronic information system within five business days following the identification of the threat and must include:

(a)

All requirements outlined in paragraphs (2)(b)(B) through (E) of this rule;

(b)

A summary of the parents’ and caregivers’ agreement to and acceptance of the plan; and

(c)

The date the plan was reviewed by a supervisor and the name of the supervisor who reviewed it.

Source: Rule 413-015-0432 — Develop Safety Plans, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-015-0432.

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 413-015-0432’s source at or​.us