OAR 413-040-0024. Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact

(1) When the caseworker determines the conditions for return have been achieved and identified impending danger safety threats can be managed when a child or young adult is returned to a parent, guardian or Indian custodian, the caseworker must develop an in-home ongoing safety plan. The caseworker's supervisor must: (a) Approve the proposed in-home ongoing safety plan during the five working days prior to the return of a child or young adult to the home of a parent, guardian or Indian custodian of the child or young adult; and (b) Document the approval in the Department's information system. (2) After a proposed in-home ongoing safety plan returning a child or young adult to the parent, guardian or Indian custodian's home is approved by the caseworker's supervisor, the caseworker must complete all of the following activities: (a) Have face-to-face contact with the child or young adult, outside the presence of a parent, guardian or Indian custodian, at least once during the five days prior to the return of the child or young adult to the home to confirm the readiness of and prepare the child or young adult for the return home. (b) Have face-to-face contact with the parent, guardian or Indian custodian in the home of the parent, guardian or Indian custodian, at least once during the five days prior to the return of the child or young adult to the home, to verify: (A) The behaviors, conditions, and circumstances in the home are safe for the return of the child or young adult; (B) Confirmation of all persons living in the household; (C) The parent, guardian or Indian custodian is ready for the return of the child or young adult; (D) The parent, guardian or Indian custodian is willing and able to participate in the ongoing safety plan; and (E) The parent, guardian or Indian custodian is willing and able to continue in case plan services. (c) If the Department is not permitted in the home because it is the home is a confidential shelter home or a safe house, the information listed in (b) must be gathered from collateral sources. (d) If necessary, revise the proposed in-home ongoing safety plan to ensure that it is able to manage impending danger safety threats as they are uniquely occurring within the family prior to the child or young adult's physical return. (e) Confirm the in-home ongoing safety plan with the parent, guardian or Indian custodian, and obtain the signature of the parent, guardian or Indian custodian. (f) Document the revised in-home ongoing safety plan in the Department's information system. (3) After a proposed in-home ongoing safety plan returning a child or young adult to the parent, guardian or Indian custodian's residential treatment facility, an alcohol and drug free housing program,or confidential shelter home or safe house is approved by the caseworker's supervisor, the caseworker must complete all of the following activities: (a) Have face-to-face contact with the child or young adult, outside the presence of a parent, guardian or Indian custodian, at least once during the five days prior to the return of the child or young adult to the home to confirm the readiness of and prepare the child or young adult for the return. (b) Contact the parent, guardian or Indian custodian at least once during the five days prior to the return of the child or young adult to the home, to verify: (A) The parent, guardian or Indian custodian is ready for the return of the child or young adult; (B) The parent, guardian or Indian custodian is willing and able to participate in the ongoing safety plan; (C) The parent, guardian or Indian custodian is willing and able to continue to participate in case plan services. (c) Verify that the residential treatment facility, an alcohol and drug free housing program, or confidential shelter home or a safe house is a safe environment for the child or young adult. If Department is not permitted to observe the environment because the facility or program is a confidential shelter home or a safe house, the caseworker must verify it is a safe environment by gathering the information from collateral sources. (d) If necessary, revise the proposed in-home ongoing safety plan to ensure that it is able to manage the impending danger safety threats as they are uniquely occurring prior to the child or young adult's physical return. (e) Confirm the in-home ongoing safety plan with the parent, guardian or Indian custodian and obtain the signature of the parent, guardian or Indian custodian. (f) Document the revised ongoing safety plan in the Department's information system. (4) In the event a court orders the return of a child or young adult to a parent, guardian or Indian custodian of the child or young adult before an in-home ongoing safety plan can be developed and approved in accordance with the criteria in OAR 413-015-0450 and this rule: (a) The caseworker must complete the activities described in this rule as soon as practicable, but not later than seven working days following the court order; and (b) If the caseworker disagrees with the order of the court, the caseworker must immediately consult with his or her supervisor. (5) The caseworker must have face-to-face contact with the child or young adult in the home of the parent, guardian or Indian custodian the day following the return home of the child or young adult. The caseworker must: (a) Monitor the safety of the child or young adult by completing the activities required by OAR 413-080-0055(2); (b) Follow the requirements of OAR 413-080-0055(4)-(6), as appropriate; and (c) Document observations and the conditions of the residence in the Department's information system within seven business days of the face-to-face contact. (d) If the Department is not permitted into the home because the child is residing with a parent, or guardian or Indian custodian in a confidential shelter home or a safe house, the monthly face-to-face requirement with the child must be conducted in another location.