Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 40 - CASE MANAGEMENT - SERVICE PLANS
Section 413-040-0006 - Requirements for the Conditions for Return and the Protective Capacity Assessment
Universal Citation: OR Admin Rules 413-040-0006
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The caseworker must determine conditions for return during the development of the ongoing safety plan.
(2) The conditions for return are documented in the ongoing safety plan and the case plan, and must describe:
(a) The specific
behaviors, conditions, or circumstances that must exist before the Department
may develop an in-home ongoing safety plan that assures a child's safety, as
described in OAR 413-015-0450(2)(b)(A)(i) - (iii); and
(b) The actions, services, and time
requirements of all participants in the in-home ongoing safety plan.
(3) The Department uses the protective capacity assessment to engage the parents or guardians of the child or young adult in a collaborative process to;
(a) Examine and understand the behaviors,
conditions, or circumstances that made the child unsafe and the strengths of
the parent or guardian that build protective capacity;
(b) Examine and understand how the
behavioral, cognitive and emotional characteristics of the parents or guardians
impact their ability to care for and keep the child safe;
(c) Determine the expected outcomes related
to the behaviors, conditions, or circumstances of the parents or guardians that
may increase protective capacity and reduce or eliminate the identified
impending danger safety threat; and
(d) Identify services or activities that are
likely to achieve the expected outcomes.
(4) Whenever possible, the Department and the parents or guardians should come to agreement on expected outcomes and the actions, services, and activities to achieve the expected outcomes.
(5) The caseworker must:
(a) Complete the following activities within
five days of assignment to the caseworker during the CPS assessment or after
replacing or adding an impending danger safety threat during ongoing case
management:
(A) Review the Child Welfare case
history, case documentation, and the actions and decisions of the most recent
CPS assessment;
(B) Review and
update as necessary the ongoing safety plan by contacting all participants in
the safety plan to determine whether the ongoing safety plan assures the safety
of the child;
(C) Review and update
as necessary the conditions for return; and
(D) Document the review of the ongoing safety
plan and conditions for return in the Department's electronic information
system.
(b) Complete the
following activities:
(A) Conduct reasonable
inquiries for the purpose of identifying individuals who may contribute to the
caseworker's understanding of the protective capacity of the parents or
guardians and the safety of the child. Such individuals may include parents or
guardians, grandparents, extended family, an Indian child's tribe, and any
other family members, persons with significant attachments to the child, other
professionals, substitute caregivers, neighbors, and friends of the family.
Reasonable inquiries mean, as defined in ORS
417.371(4)(b),
efforts that include reviewing the case file for relevant information,
contacting the parents or guardians, and contacting additional sources of
information for the purpose of ascertaining the whereabouts of family members,
if necessary.
(B) Gather
information from these individuals through individual interviews or meetings
for the purpose of identifying and understanding the needs, concerns,
strengths, and limitations associated with the protective capacity of parents
or guardians and assessing the impact on the child's safety.
(C) Evaluate the relationship between;
(i) The existing protective capacities of
parents or guardians that contribute to child safety;
(ii) The diminished protective capacities of
parents or guardians that must change for the parents or guardians to care for
and keep the child safe; and
(iii)
The parents' or guardians' readiness to change.
(D) Whenever possible, collaboratively
identify with the parents or guardians:
(i)
Other family members, persons with significant attachments to the child,
community members, and members of an Indian child's tribe who may contribute to
meeting the conditions for return and actively participate in an ongoing safety
plan or enhancing the protective capacity of the parents or guardians;
and
(ii) Actions and services that
may reduce or eliminate identified safety threats or enhance the protective
capacity of the parents or guardians.
(E) Inform the parents or guardians of the
Department's actions and decisions regarding identified impending danger safety
threats, conditions for return, protective capacity, and the ongoing safety
plan.
(F) Enter the findings of the
protective capacity assessment, the information obtained by conducting the
activities required in paragraphs (A) to (D) of this subsection, and the
conditions for return in the Department's information system.
(6) The caseworker must document the findings of the protective capacity assessment and the conditions for return in the case plan.
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 409.010
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