The Department of Human Services, Office of Child Welfare Programs, is making rule changes to clarify, assure consistency with, and correct errors in rules that were adopted effective May 27, 2014, which implemented a Differential Response (DR) system in Oregon and updated the Oregon Safety Model (OSM) practice. These rule changes make permanent temporary rules that were adopted effective July 1, 2014, and include additional changes. Specifically:
OAR 413-015-0115, which defines terms used in Child Protective Services (CPS) rules, is amended to: (1) revise the definition of “conditions for return” to clarify that they are only used with ongoing safety plans; (2) change the definition of “domestic violence” so it is not limited to individuals age 18 and over; and (3) correct the definition of “safe” to accurately state that safe means the absence of any threats.
OAR 413-015-0400 about the purpose of the CPS assessment rules is amended to clarify that conditions for return are only used with ongoing safety plans, not initial safety plans.
OAR 413-015-0409 about exceptions to completing CPS assessment activities is amended to remove a requirement that no longer applies under the Department’s current electronic information system.
OAR 413-015-0415 about CPS assessment activities is amended to make the language in paragraph (10)(b)(B) consistent with changes to ORS 419B.023(4)(a) made by Oregon Laws 2014, Chapter 45, Section 42 (Senate Bill 1548), which became effective July 1, 2014.
OAR 413-015-0420 about making initial contact in a CPS assessment is amended to make language internally consistent. Changes to paragraph (2)(c)(B) that went into effect May 27, 2014, refer to a decision to delay interview of an alleged perpetrator; these amendments make the language in the same sentence about documenting the decision consistent.
OAR 413-015-0432 about developing safety plans is amended to: (1) remove the redundant requirement that all types of safety plans explain how they are the least intrusive means to effectively manage the identified threat; (2) remove the requirement that all types of safety plans include conditions for return, which only apply to ongoing safety plans; and (3) correct an error. Section (6)(d) of the rule requires that an exception granted under subsection (2)(g) of the rule be documented; the exception was removed from subsection (2)(g) effective May 27, 2014, but the documentation requirement was inadvertently left in the rule.
OAR 413-015-0450 about ongoing safety plans is amended to add the requirement (removed from 413-015-0432) that the plan include conditions for return, and to clarify that the worker need only reevaluate an initial safety plan to determine if it is appropriate and sufficient as an ongoing safety plan, and would not reevaluate a protective action plan for that purpose, consistent with other OSM rule changes that went into effect May 27, 2014.
OAR 413-015-0540 about making initial contact in an investigation of abuse or neglect in a day care facility is amended to make the language regarding assessment of safety consistent with other OSM rule changes that went into effect May 27, 2014.
OAR 413-015-1105, which describes the purpose of the rules about Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices, is amended to make the language about threats consistent with other OSM rule changes that went into effect May 27, 2014.
OAR 413-015-9030 about CPS screening in counties that are implementing DR is amended to: (1) provide that a traditional response assessment is required when there is a new report on an open Department case with an identified impending danger safety threat; (2) limit the requirement that the screener consult with a supervisor when the screener determines a traditional response assessment is required to report in which there is an open alternative response assessment; and (3) require that a “within 24 hours” response time line is required for an alternative response assessment when the information indicates that a child has a current injury as a result of the alleged abuse or neglect.
OAR 413-015-9040 about CPS assessments in counties that are implementing DR is amended to clarify that conditions for return are only used with ongoing safety plans, not initial safety plans, to clarify that a community partner or support person may accompany the worker on initial contact, and to correct an error. When this rule was adopted effective May 27, 2014, an exception to determining if the family has moderate to high needs when the family is a Department-certified foster parent or relative caregiver was not included but should have been included, consistent with the rule about CPS assessments that applies in counties that are not implementing DR.
OAR 413-200-0414 about Department actions during screening of reports of abuse or neglect in the home of a Department-certified foster parent or relative caregiver is amended to update the agencies to which information is provided, and with whom the Department response is coordinated, when the young adult victim has a physical, developmental, or mental disability, consistent with changes to the CPS screening and assessment rules that went into effect May 27, 2014.
In addition, minor edits were made to the above rules to reflect new Department terminology and to correct formatting and punctuation.