OAR 413-040-0006: Requirements for the Conditions for Return and the Protective Capacity Assessment

(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.