(1) subject to paragraph (2), the person taking the child into protective custody will release the child to the custody of the child’s parent or other responsible person in this state, except in the following cases:

(a) where the court has issued an order directing that the child be taken into protective custody

(b) where the person taking the child into protective custody has probable cause to believe that the welfare of the child or others may be immediately endangered by releasing the child

(2)(a) prior to releasing a child to the custody of the child’'s noncustodial parent, a person who has taken a child into protective custody will request DHS to conduct a criminal records check on:

(A) The noncustodial parent AND

(B) all adults in the same home as the noncustodial parent

(b) DHS will conduct a criminal records check under 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints)(3) based on a request received under paragraph (a)

(c) DHS will adopt rules consistent with this statute and the requirements of the Department of State Police for use of the LEDS