Chapter 2 : Section 4

Present Danger Assessment and Planning

Procedures

Present Danger Assessment

Upon contact with the child and family, the DCS Specialist will determine whether any child in the home where the abuse or neglect was alleged to occur is in present danger. A child is in present danger when there is an immediate, significant, and clearly observable family condition, child condition, or individual behavior that obviously endangers a child right now or threatens to endanger a child at any moment, and requires immediate action to protect the child before the comprehensive FFA can be completed.

The DCS Specialist must obtain emergency medical treatment for a child when necessary, as soon as possible. Situations that may require emergency medical treatment include, but are not limited to:

• head injuries or loss of consciousness;

• abdominal injuries;

• severe malnourishment or dehydration;

• open wounds or burns; and

• injury to the genitals.

Immediate, significant, and clearly observable are defined as follows:

1. Immediate for present danger means that the dangerous family condition, child condition, or individual behavior is active and operating. What might result from the danger for a child could be happening or occur at any moment. What is endangering the child is happening in the present, it is actively in the process of placing a child in peril. Serious harm will result without prompt investigation and/or DCS Specialist action.

2. Significant for present danger means that the family condition, child condition, or individual behavior is exaggerated, out of control, and/or extreme.
The danger is recognizable because what is happening is vivid, impressive, and notable. What is happening exists as a matter that must be addressed immediately. Significant is anticipated harm that can result in pain, serious injury, disablement, grave or debilitating physical health conditions, acute or grievous suffering, impairment, or death.

3. Present danger is clearly observable because there are actions, behaviors, emotions, or out-of-control conditions in the home that can be specifically and explicitly described, and which directly harm the child or are highly likely to result in immediate harm to the child.

In present danger, the dangerous situation:

• is in the process of occurring (for example, a young child is alone on a busy street);

• just happened (for example, a child presents at an emergency room with a serious unexplained injury);

• happens all the time (for example, young children were left alone last night and are likely to be left home alone again tonight or the child will be accessible to a perpetrator upon release from school); or

• requires an immediate protective action because the alleged abuse or neglect cannot be immediately ruled out and if the allegation is true, the child is in present danger (for example, a child has serious unexplained injuries or there are current allegations of sexual abuse).

Present Danger Conditions

The following conditions describe present danger when they are immediate (endangering a child right now), significant, and clearly observable:

• child is unsupervised or alone now or on a daily basis, or has been left with a person who is unwilling or unable to provide adequate care, and the child is not capable of caring for himself/herself;

• caregiver is unable to perform essential parental responsibilities right now or all of the time due to alcohol/substance use, mental health conditions, physical impairment, and/or cognitive limitations;

• caregiver is unable or unwilling to perform essential parental responsibilities and there is no other appropriate caretaker immediately available;

• caregiver is out of control and cannot focus or manage his/her behavior in ways to properly perform parental responsibilities;

• caregiver’s behavior is currently violent, bizarre, erratic, unpredictable, incoherent, or totally inappropriate;

• caregiver is brandishing weapons, known to be dangerous and aggressive, or is currently behaving in attacking or aggressive ways;

• dynamics in the household include an individual establishing power, control, or coercion over a caregiver in a way that impairs necessary supervision or care of the child and has caused, or will likely cause, serious harm to the child’s physical, mental or emotional health;

• caregiver has an extremely negative perception of the child, such as seeing the child as demon possessed; and/or has extremely unrealistic expectations for the child’s behavior;

• physical conditions in the home are hazardous and immediately threaten a child’s safety, such as exposed live wiring, building capable of falling in, manufacturing of drugs (i.e. drug lab), or exposure to extreme weather;

• caregiver is subjecting the child to brutal or bizarre punishment such as confined to a cage, tied to an object, locked in a closet, forced feeding, scalding with hot water, burning with cigarettes, etc.;

• child requires immediate medical attention, and the absence of medical treatment could seriously affect the child’s health and well-being; such as a child who is severely malnourished, dehydrated or failure to thrive (the absence of routine medical care is not a present danger situation);

• child’s behavior is actively endangering self or others and caregiver cannot or will not control the child’s behavior or arrange or provide necessary care;

• evidence of recent sexual abuse, the perpetrator currently has access to identified victim, and no protective action is being taken by a non-offending caregiver;

• injuries such as facial bruises, injuries to the head, or multiple plane injuries; different types of injuries on the child, such as a serious burn and bruising; bruising or injuries to a non-ambulatory child, or immersion burns;

• severe to extreme maltreatment that is alleged to be occurring in the present (i.e., child has soft tissue injuries which pose a threat to vital organs; broken bones, burns, cuts, and lacerations; vicious beatings; biting; injuries to genitals; constantly being hit; physical torture; oral sex, anal sex, or intercourse; sexual abuse accompanied with physical abuse; bizarre sexual practices; pornography/sexual exploitation; constantly berating, double binding, verbal assault/intimidation; psychological torture such as constant scapegoating, indifference, condemnation, and/or rejections);

• serious injuries that the caregivers and others cannot or will not explain, or the explanation is inconsistent with the observed or diagnosed injuries or condition;

• child’s condition is the result of deliberate, preconceived planning or thinking that the caregiver is responsible for and that preceded the child’s serious injuries or condition;

• child is profoundly fearful of their present home situation, or a particular person living in or having access to the home because of a specific concern of personal threat (this does not include generalized fear or anxiety);

• there is evidence of abuse or neglect and the caregiver cannot or will not produce the child, refuses access to the child, is likely to flee with the child, or is actively avoiding DCS (such as not allowing others to have contact with the child or moving a child around among relatives, adults or different homes).

Present Danger Planning

If any child in the home is in present danger, the DCS Specialist must implement a Present Danger Plan that controls the present danger prior to leaving the child or family. A Present Danger Plan provides the child(ren) with responsible adult supervision and care so that the child will be safe while the DCS Specialist completes the FFA, which assesses impending danger and protective capacity. A Present Danger Plan is immediate, short term, and sufficient to control the present danger. These criteria are defined as follows:

• Immediate means that the plan is capable of controlling the present danger the same day it is created. Before the DCS Specialist leaves the child or family, the Present Danger Plan must be in motion and confirmed.

• Short term means that the plan only needs to control the particular present danger situations until sufficient information can be gathered and analyzed to determine the need for a longer term Safety Plan. Present Danger Plans should be sufficient to control the present danger until the FFA is complete (including an analysis of impending danger).

• Sufficient means that the adults who will provide care and supervision to the child(ren) are responsible, available, trustworthy, and capable of fulfilling their responsibilities within the Present Danger Plan. It must be confirmed that the responsible adults are willing to cooperate and emotionally and physically capable of carrying out the protective actions needed to keep the child safe.

The DCS Specialist works with the family to determine what protective action is necessary to control the immediate present danger condition and who, if needed, will serve as the responsible adults to protect the child when the danger threats are present or likely to be present.

If a Present Danger Plan is implemented, the DCS Specialist must inform the parents that they have the right to an attorney and a hearing before a juvenile court judge if they do not agree to a voluntary Present Danger Plan that is sufficient to control the danger, and the Department chooses to remove the child(ren) from the home and file a dependency petition.

Identifying Responsible Adult(s) to Implement Protective Actions

In order to implement a Present Danger Plan, a responsible adult must be identified who is able to carry out the protective actions. The responsible adult may be a parent, guardian, and/or custodian in another household, a family member, or another adult who meets the criteria listed below. The responsible adult(s) must be present and immediately able to take action at any time a threat of danger is present. The DCS Specialist may not be assigned as a “responsible adult.”

Engage the family and ask for their assistance in identifying appropriate responsible adults who can assist in ensuring the child’s safety. Obtain information to determine if the prospective responsible adult(s) and members of his/her household (if applicable) are appropriate for this role. Meet in-person with any identified prospective responsible adult to assess the ability to be responsible for protective actions. Areas to consider include whether the adult:

• has demonstrated the ability to protect the child in the past (with or without DCS involvement) while under similar circumstances and family conditions;

• believes the child’s report of maltreatment and is supportive of the child;

• is capable of understanding the specific threat to the child and the need to protect the child;

• displays concern for the child and the child’s experience and is intent on emotionally protecting the child;

• has a strong bond with the child and is clear the number one priority is safety and well-being of the child;

• is physically able to intervene and protect the child;

• does not have significant individual needs that might affect the safety of the child, such as severe depression, lack of impulse control, medical needs, etc.;

• is emotionally able to carry out a plan and/or to intervene to protect the child (not incapacitated by fear of maltreating person);

• has adequate knowledge and skill to fulfill caregiving responsibilities and tasks (this may involve considering the caregiver’s ability to meet any exceptional needs that the child might have);

• has asked, demands, and expects the maltreating adult to follow the conditions of the Present Danger Plan and can assure the plan is effectively carried out;

• consistently expresses belief that the maltreating person is in need of help and he/she supports the maltreating person getting help (this is the individual’s point of view without being prompted by DCS);

• while having difficulty believing the other person would maltreat the child, the individual describes the child as believable and trustworthy;

• has adequate resources necessary to meet the child’s basic needs;

• is cooperating with the DCS Specialist’s efforts to provide services and assess the specific needs of the family; and

• does not place responsibility on the child for the problems of the family.

If the responsible adult is a member of the family network or an informal support (is not a licensed out-of-home caregiver or a professional service provider), complete a search for prior AZ DCS involvement and a criminal records check with the Department of Public Safety (DPS). Submit a criminal history request to the DPS using the Justice Web Interface (JWI).

When a person does not have a social security number, the DPS criminal records check shall still be completed using information currently in Guardian. In this situation, additional searches are necessary, including a public records search or information available through local law enforcement.

If the results of the criminal records check are not immediately available, gather information from the prospective responsible adult regarding criminal history, complete a public records check, and contact local law enforcement to complete a records check. Within 24 hours, complete the criminal records check with DPS. If appropriate, request history from out of state child welfare systems (when the responsible adult has resided in another state).

If the Safety Plan includes the child residing in the home of a responsible adult for any period of time (including a parent, guardian, or custodian or a member of the family network), complete a preliminary kinship assessment, which includes:

• a search for prior AZ DCS involvement;

• a criminal records check with DPS for all adults residing in the home; and

• an inspection of the home to ensure there are no safety hazards, utilizing the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014.

If the Present Danger Plan includes the child residing in the home of an unlicensed relative or non-relative follow the procedures in Kinship Care.

If the Present Danger Plan includes the child residing with a parent, guardian, or custodian who resides in a different household from the home of the alleged abuse or neglect, so that the household was not assessed within the FFA, consider the following:

• The experience the parent has with parenting this or other children.

• The parent has knowledge of parenting and child development.

• The parent has knowledge of and practices positive methods of discipline.

• The support the parent requires to provide for the child’s needs (medical, behavioral health, dental, special needs, transportation, communicating with professionals, etc.).

• The parent’s ability to provide sufficient and appropriate supervision for the child, including after-school or childcare if necessary. (If childcare will be paid for by DCS, include in the case plan.)

• The parent’s ability to assist the child in family time/visitation and other forms of communication with the other parent and siblings.

• The parent is willing and able to participate in meetings (TDMs, CFTs, IEPs, etc.).

• The parent’s awareness of DCS and service providers visiting the home to fulfill Safety Plan oversight and service provision responsibilities.

• Newly anticipated expenses if the child is placed in the home. The parent’s ability to provide sufficient care for the child without causing financial hardship for the family.

• The services or supports the parent may need to maintain the child safely in the home. (Include any needed services and supports in the case plan.)

The DCS Specialist maintains responsibility and accountability for the sufficiency and implementation of the Present Danger Plan, which includes oversight to ensure that all responsible parties are carrying out the actions and duties in the plan. The use of a responsible adult does not relieve the DCS Specialist of responsibility for oversight and administration of the Present Danger Plan or continued assessment of the child’s safety. The Present Danger Plan is intended to remain active until information is gathered to either eliminate the need for the Present Danger Plan or create a Safety Plan due to identified impending danger threats. For the duration of the Present Danger Plan, the DCS Specialist must continually review the adequacy of the protective action(s), and modify the plan when necessary. For effective oversight, the DCS Specialist must have an adequate understanding of the status of the present danger conditions(s) and the sufficiency, feasibility, and sustainability of the protective actions identified; and must anticipate potential crisis situations.

In investigations with no criminal conduct allegation, a Present Danger Plan may not be in place for more than 14 days. Within the 14 days, the FFA must be prioritized in order for the DCS Specialist to complete an analysis of impending danger and determine the need for a Safety Plan to replace the Present Danger Plan. For more information on Present Danger Planning in investigations with a criminal conduct allegation, see Investigations Involving Allegations of Criminal Conduct.

Present Danger Plan Options

In-home, combination, and out-of-home Present Danger Plan options are available. The DCS Specialist shall work with the family to identify the least intrusive plan that is sufficient to control the present danger condition(s). For the purposes of this section, “the home” refers to the location where the unsafe child is presently residing and where the danger threats need to be managed; for example, the child may be presently located in the family home, a hospital, a shelter, or other location.

The DCS Specialist works with the family to select one or more of the following Present Danger Plan options, which are listed in order from least to most intrusive:

• The threatening person leaves the home.

  • This option exists when the DCS Specialist is certain a responsible adult currently living in the home is adamant and committed to maintaining the absence of the threatening person, and the threatening person agrees to leave the home or is removed from the home by law enforcement.

  • The threatening person must remain out of the home throughout the time frame of the Present Danger Plan.

  • This is an in-home Present Danger Plan option.

• The protective parent and child leave the home and go to a safe environment.

  • This option exists when there is a protective parent who is willing to leave the home of the threatening person, and a safe temporary environment is available throughout the time frame of the Present Danger Plan (such as the home of a relative, or a domestic violence shelter).

  • In order to implement this type of plan, it must be determined that the protective parent will consistently act to keep the child safe.

  • This is an in-home Present Danger Plan option.

• A responsible adult is in the home at pre-determined specific times.

  • This option works when the safety threat happens at specific times and is predictable in frequency and nature. For example, when the safety threat involves inadequate feeding of a child with medical needs, a responsible and capable adult could come to the home at each meal time.

  • This option exists when a member of the family network, an informal support person, or a professional is available to be in the home periodically, as a responsible adult. This plan must include specificity in terms of when the adult will be in the home, how long the adult will be in the home, under what circumstances, and for what purpose.

  • This option only exists when the parent(s) agree to have the adult in their home at the times specified in the plan.

  • This is an in-home Present Danger Plan option.

• A responsible adult routinely monitors the home.

  • This option works when the threatening condition is not present at all times. For example, when the safety threat involves a parent who is occasionally incapacitated by depression and then unable to keep the home sufficiently clean, a responsible adult could monitor the mother’s mental health and the home’s condition by making a home visit every day.

  • This option exists when a member of the family network, an informal support person, or a professional is available to routinely monitor the home. “Routinely” must be defined in terms of frequency and circumstance. What is being monitored must be delineated.

  • This option only exits when the parent(s) agree to have the responsible adult monitor the home.

  • This is an in-home Present Danger Plan option.

• A responsible adult moves into the home seven days a week, 24 hours per day.

  • This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern.

  • This option exists when a responsible adult is available to move into the home throughout the time frame of the Present Danger Plan.

  • The option only exists when parent(s) agree to have the adult reside in the home seven days a week, 24 hours per day.

  • This is an in-home Present Danger Plan option.

• The child is cared for outside the home periodically.

  • This option works when the present danger happens at specific times and is predictable in frequency and nature.

  • This option exists when arrangements can be made so that the child is not at home when the present danger is known to occur. For instance, a father may be protective but cannot be home during the day, so child care is used to separate the child from the present danger posed by the mother’s behavior. Any resource that supports temporary separation is acceptable such as babysitting, recreation programs, staying with a relative or neighbor, and so forth.

  • This option only exits when the parent(s) agree to the arrangements in the plan.

  • This is a combination Present Danger Plan option.

• The child lives with someone in the family network part-time.

  • This option works when the present danger happens at specific times and is predictable in frequency and nature.

  • This option exists when there is a responsible adult with whom the child can live part-time. For instance, a child might live with grandparents on weekends while the FFA continues toward completion. This option could be used in combination with the child attending school and an after-school recreation program while living with the parents during the work week.

  • This option only exits when the parent(s) agree to the arrangements in the plan.

  • This is a combination Present Danger Plan option.

• The child lives with a responsible adult for seven days per week, 24 hours per day.

  • This option may be the least intrusive when the safety threat is happening at all times or does not follow a predictable pattern, and there is no responsible adult who is able and willing to move into the family home seven days per week, 24 hours per day.

  • This option only exists when the parent(s) are willing to voluntarily and temporarily relocate the child from the parents’ home to the home of a responsible adult in the family network, agreed upon by the parent(s) and the DCS Specialist. The parents must also be willing to cooperate to ensure that the child’s medical, educational, and behavioral health needs are met.

  • This option exists when there is a responsible adult in the family network with whom the child can live seven days per week, 24 hours per day, throughout the time frame of the Present Danger Plan.

  • In order to implement this type of plan, the adult must be approved by the DCS Specialist, and the Present Danger Plan must be overseen by the Department.

  • This is an out-of-home Present Danger Plan option.

• The child is placed in the temporary custody of DCS by a Voluntary Placement Agreement, CSO-1043.

  • This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern, and a Voluntary Placement Agreement is necessary because the parent agrees to have the child live temporarily outside of home and there is no responsible adult in the family network, so the child needs to reside with a foster parent.

  • In order to implement this type of plan with a non-licensed caregiver, it must be determined that the proposed adult is responsible, available, has no competing demands, and is trustworthy. See Voluntary Placement for more information.

  • If the child is subject to the Indian Child Welfare Act, see Voluntary Placement of an Indian Child for specific procedures.

  • The option only exists when the parent(s) agree to the Voluntary Placement Agreement.

  • This is an out-of-home Present Danger Plan option.

• The child is placed in the temporary custody of the Department.

  • This is the most intrusive Present Danger Plan and is only used when all other options are explored and not possible or sufficient to control the safety threats long enough to complete the FFA.

  • This option is necessary when there is present danger and the parents, guardians, or custodians cannot or will not cooperate or participate in a less intrusive Present Danger Plan that would be sufficient to control the safety threats.

  • If a child is taken into temporary custody, the DCS Specialist shall provide written notice, Temporary Custody Notice (TCN) within six hours to the parent or guardian of the child, unless:

    • The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

    • The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.

    • The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

  • The TCN shall list the specific reasons as to why the child is being removed. The notice shall list the specific dangers that caused the determination that the child is unsafe.

  • The TCN shall list services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide's office and an explanation of the services that office offers.

  • The DCS Specialist shall list the date and time of the taking of a child into custody on the TCN, as well as the name and telephone number of the assigned DCS Specialist and Program Supervisor.

  • A child who is taken into temporary custody must be returned to their parent(s) and/or guardian within 72 hours excluding Saturdays, Sundays, and holidays unless a dependency petition is filed.

  • If a child is taken into temporary custody for an examination, the child must be returned within 12 hours unless abuse or neglect is diagnosed. The DCS Specialist will notify the parent(s) and/or guardian if the child will not be returned within the 12 hour time frame.

  • This is an out-of-home Present Danger Plan option.

Implement the least intrusive Present Danger Plan, given the unique circumstances of the family, including the family’s capacity to ensure child safety.

When a Present Danger Plan is implemented, the DCS Specialist will make concerted efforts to complete the FFA as quickly as possible and within no more than 14 days of implementing the Present Danger Plan. Complete a written Present Danger Plan, CSO-1034A form with the family, identified responsible adults, and/or safety service providers. The plan will describe the specific action(s) that each adult is responsible for to sufficiently control the danger threat(s), when the action(s) are needed, the end date of the Present Danger Plan, the level of contact allowed between the child and each parent/caregiver, and how the DCS Specialist will oversee that the plan is followed and sufficient.

Following the assessment of any child as unsafe due to present danger, the DCS Specialist will request a Safety TDM meeting to occur by the end of the next business day. See Team Decision Making and TDM Protocol.

Supervisor Consultation

A DCS Program Supervisor must be involved in developing the Present Danger Plan and must approve any Present Danger Plan the DCS Specialist initiates with the family. The DCS Specialist and Program Supervisor ensure the protective actions in the Present Danger Plan are the least intrusive actions that are sufficient to control the present danger condition(s) until the FFA is complete and it is determined the child is safe or a Safety Plan is created.

When present danger is identified by the DCS Specialist, a supervisor consultation to review the DCS Specialist’s assessment of present danger is required prior to the DCS Specialist leaving the child/family. During the consultation, the DCS Program Supervisor should evaluate whether the danger is immediate, significant, and clearly observable.:

• The DCS Specialist can clearly and specifically describe the dangerous family condition, child condition, or individual behavior that is active and currently endangers the child. Include the observable ways the danger is actively in the process of placing a child in peril.

• The DCS Specialist clearly and specifically describe how the dangerous condition or behavior is exaggerated, out of control, and/or extreme. The DCS Specialist can specifically describe how the anticipated harm is significant (could result in pain, serious injury, disablement, grave or debilitating physical health condition, acute or grievous suffering, impairment, or death).

• The DCS Specialist feels compelled to take action immediately to ensure the protection of the child. Document the Present Danger Plan options that have been considered with the family.

When present danger is identified by the DCS Specialist during a subsequent visit to the home or at any point in the life of the case, a follow up supervisor consultation should be conducted to review the considerations above.

If the Present Danger Plan includes the child living with someone in the family network for seven days per week, 24 hours per day, a service authorization must be completed in Guardian.

Documentation

For field investigations document the contacts, interviews, and observations within the Assessment Details in Guardian.

The assessment and identification of present danger shall be documented within no more than two work days of initial contact with any child in the home where abuse or neglect was alleged to occur as follows:

• Narrative documentation shall include the child’s name; the contact’s date, time, and location; and a description of each child’s environment and condition at the time of the initial contact.

• If present danger is assessed as occurring at the time of initial contact, document the specific family condition, child condition, or individual behavior and how it meets the criteria of immediate, significant, and clearly observable.

• Include documentation of the Present Danger Plan developed with the family. Note the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the Present Danger Plan.

• The name of the DCS Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a Present Danger Plan (if applicable).

For voluntary or court-involved cases document:

• the specific family condition, child condition, or individual behavior as observed by the DCS Specialist as soon as possible and within no more than two work days of interviewing or observing a child in present danger;

• how it meets the criteria of immediate, significant, and clearly observable;

• the name of the DCS Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a Present Danger Plan; and

• the Present Danger Plan developed with the family, including the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the Present Danger Plan.

Upload a scanned copy of the Present Danger Plan as an Artifact in Guardian and file in the case record.

When a child is taken into temporary custody, complete the Legal Action and following Removal Details in Guardian:

• Removal Reasons;

• Deprivation Factors;

• Household of Removal; and

• Legal Status.

When a child is removed during an assessment, the DCS Program Specialist or DCS Supervisor shall associate the legal action to the assessment record.

Supervisor Documentation

For assessments, DCS Program Supervisors will document the Supervisory Consultation, Clinical Supervision Decision, and approval of the Clinical Supervision Decision in Guardian.

Effective Date: March 6, 2024

Revision History: November 30, 2012; May 31, 2013, July 1, 2013, February 6, 2016, September 22, 2016, June 9th, 2017, October 25, 2017, January 19, 2018, October 30th, 2018, December 27, 2018, January 02, 2019, February 1, 2021, November 18, 2022, March 9, 2023