OAR 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 (Petition). 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 (Duties of person conducting investigation under ORS 419B.020)(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 (Duties of person conducting investigation under ORS 419B.020) and OAR 413-015-0415 (CPS Assessment Activities)(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 (Speedy hearing required).

(c)

Must notify, in writing, the child’s parents, including a non- custodial parent; the child’s 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.

Source: Rule 413-015-0455 — Protective Custody and Juvenile Court Action, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-015-0455.

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 413-015-0455’s source at or​.us