Current through Register Vol. 63, No. 3, March 1, 2024
(1) To manage an in-home ongoing safety plan
and monitor the child's safety when the child is in the home of the parent or
guardian, Department staff must contact the following individuals, as described
below:
(a) Face-to-face contact with the
child, or review the documentation of the contact made by Department staff
under OAR 413-080-0054;
(b)
Face-to-face contact with the child's parents or guardians in the home of the
parents or guardians;
(c) Contact
with the child's non-custodial parent or guardian, except as provided in OAR
413-080-0054(2); and
(d) Contact
with each participant in the ongoing safety plan.
(2) To monitor and assure the safety of the
child, during the contact required under section (1) of this rule, the
caseworker must complete each of the following:
(a) Contact each participant in the ongoing
safety plan and assess the documented information regarding all contacts made
in section (1) of this rule.
(b)
Look for and assess any changes in the protective capacity of parents or
guardians, including changes in the ability or willingness of a parent or
guardian to keep the child safe.
(c) Assess whether the in-home ongoing safety
plan keeps the child safe by determining:
(A)
Whether the home environment is stable enough for safety service providers to
be in the home and be safe; and
(B)
Whether the parent or guardian is:
(i)
Agreeable to the safety services in the ongoing safety plan;
(ii) Cooperating in safety services provided
as prescribed by the ongoing safety plan;
(iii) Cooperating with all participants in
the ongoing safety plan;
(iv)
Participating in the actions and the time requirements of the ongoing safety
plan; and
(v) Meeting the
expectations detailed in the ongoing safety plan.
(d) Determine whether:
(A) The child is safe and the condition of
the child is satisfactory; and
(B)
Impending danger safety threats to the child are managed.
(3) Through contact with the
participants in the ongoing safety plan, required under section (1) of this
rule, the caseworker must determine whether:
(a) Participants in the ongoing safety plan
are engaged and active in the safety activities;
(b) The parents or guardians are cooperating
with the safety services prescribed by the ongoing safety plan;
(c) The safety service providers are engaged
with the parents or guardians;
(d)
The safety service providers have fulfilled their established responsibilities
in the ongoing safety plan;
(e) The
level of intervention assures the ongoing safety of the child; and
(f) The services are the least intrusive
available to assure the child's safety.
(4) Whenever a participant in the ongoing
safety plan or a safety service provider reports information indicating that
there is a present danger safety threat or a new impending danger safety
threat, the caseworker must comply with OAR 413-080-0051.
(5) The caseworker must determine whether:
(a) Behaviors, conditions, or circumstances
within the family require an increase in the level of safety
intervention;
(b) A less intrusive
ongoing safety plan can assure the safety of the child; or
(c) The ongoing safety plan is keeping the
child safe and provides the appropriate level of safety intervention.
(6) If the caseworker determines
the level of intervention of the in-home ongoing safety plan
must be revised, the caseworker must:
(a) End
the in-home ongoing safety plan when there is no longer an
impending danger safety threat to the
child.
(b) Reduce
the level of intervention whenever --
(A) The
improved protective capacity of the parent or
guardian is sufficient to impact his or her ability to
cooperate with the ongoing safety plan to control impending
danger safety threats as they are occurring within the family; and
(B) An impending danger safety
threat can be managed with less intrusive actions or
services.
(c) Increase
the level of intervention whenever --
(A) A
parent or guardian is unable or unwilling to
cooperate with the ongoing safety plan to control the
impending danger safety threats to the child as they are
occurring within the family with the ongoing safety plan;
or
(B) Any identified
impending danger safety threat cannot be managed with the
current ongoing safety plan.
(d) Revise the ongoing safety
plan to comply with the criteria of OAR 413-015-0450.
(e) Have the revised ongoing safety
plan approved by the caseworker's
supervisor.
(f) If the increased
level of intervention results in a
child or
young
adult entering care with a non-relative caregiver:
(A) Comply with OAR 413-070-0069 to identify
relatives and persons with a caregiver relationship.
(B) Comply with OAR 413-070-0072 to contact
and provide notice to relatives and persons with a caregiver
relationship.
(7) Department staff must document in the
Department's electronic information system:
(a) The date, type, and location of each
contact with the child, parents, or guardians;
(b) The date and type of each contact with
each participant in the in-home ongoing safety plan;
(c) Observations and facts relevant to case
planning and service delivery;
(d)
How the ongoing safety plan continues to manage the impending danger safety
threats as they are occurring within the family, or any revised ongoing safety
plan and the facts supporting that revision; and
(e) Any protective action plan if required to
assure the safety of the child.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
418.005