justicedao/ipfs_state_laws huggingface dataset:
413-040-0017 Requirements for Return and Reunification (1) The caseworker recommends returning the child or young adult to a parent or guardian after the caseworker has reviewed the impending danger safety threats identified in the CPS assessment that required an out-of-home ongoing safety plan and verified that: (a) The conditions for return in the case plan have been met; (b) The identified impending danger safety threats can be managed with an ongoing safety plan; (c) The parents or guardians are willing and able to accept responsibility for the care of the child or young adult with an ongoing safety plan; (d) The parents or guardians are willing and able to continue participating in case plan services; (e) Service providers who are currently working with the child, young adult, parents or guardians, and other involved persons including the child or young adult's CASA and attorneys have been informed, in writing, of the plan to return the child or young adult with an in-home ongoing safety plan; and (f) No safety concerns for the child or young adult are raised in the caseworker's review of the criminal history records and child welfare protective service records of all persons currently residing in a parent or guardian's home. (2) When the child or young adult is returning to a parent living in a residential treatment facility, an alcohol and drug free housing program, or a residential domestic violence program, the Department does not review the criminal history records and child welfare protective service records of persons living in the state funded facilities and programs. (3) If the caseworker cannot confirm that identified impending danger safety threats can be managed if the child or young adult is returned to a parent or guardian with an in-home ongoing safety plan, the child or young adult must remain in substitute care. (4) The caseworker's supervisor must review and concur that conditions for return have been met, and that any disagreement with the plan to return the child or young adult has been reviewed and considered in the development of the in-home ongoing safety plan prior to the caseworker recommending to the court that a child or young adult be returned to a parent or guardian. (5) The in-home ongoing safety plan must specifically document the planned caseworker and safety service provider contacts with the child or young adult and the parent or guardian, when the child or young adult is returned to the parent or guardian. (6) The caseworker must revise, as necessary, and confirm the sufficiency of an in-home ongoing safety plan that will manage impending danger safety threats as they are uniquely occurring within a particular family prior to the child or young adult's physical return. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010 & 418.005 History: CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 18-2008, f. & cert. ef. 8-1-08 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 31-2003, f. & cert. ef. 10-1-03
413-040-0032 Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case (1) When a child or young adult is in the home of the parent or guardian and the parent or guardian can sustain the safety of the child or young adult, the caseworker must assess when the in-home ongoing safety plan should close. (2) When assessing whether the in-home ongoing safety plan can be closed, the caseworker must determine whether: (a) The parent or guardian has demonstrated capacity to sustain the safety of the child or young adult based upon: (A) Observations of the child or young adult and the parent or guardian in the home; (B) Expert evaluations and reports from service providers; (C) Reports from participants in the in-home ongoing safety plan; (D) The extent to which the achievement of expected outcomes supports the ability of the parent or guardian to sustain the safety of the child or young adult; and (E) Consultation with other individuals participating with the parent or guardian to sustain the safety of the child or young adult. (b) The child or young adult is safe in the home based upon: (A) The elimination of the identified impending danger safety threats or the protective capacity of the parent or guardian is sufficient to manage identified impending danger safety threats; (B) The willingness and ability of the parent or guardian to protect the child or young adult; and (C) Caseworker confidence in the ability of the parent or guardian to sustain the safety of the child or young adult over time. (3) The caseworker must document the determination that the in-home ongoing safety plan can be closed and the facts supporting the ability of the parent or guardian to provide safety for the child or young adult and to sustain the safety of the child or young adult. (4) The caseworker's supervisor must review the caseworker's documentation to ensure the criteria in section (2) of this rule are met, and concur that the in-home ongoing safety plan can be closed prior to approving the closure of the safety plan. (5) The caseworker closes the in-home ongoing safety plan and the case when the court dismisses the commitment of the child or young adult to the Department or the court's wardship over the child terminates. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010 & 418.005 History: CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 4-2007, f. & cert. ef. 3-20-07
413-040-0100 Purpose An outline of the required review process to maintain a child or young adult who is in the physical or legal custody of the Department and placed in substitute care. These rules emphasize that child safety, permanency and well-being are the paramount concerns guiding the review process for providing and maintaining services to children in Department care or custody. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419A.090 – 419A.122, 419B.440 – 419B.476 & 419C.623 – 419C.656 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 23-2003, f. & cert. ef. 5-22-03 SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00 SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00 SOSCF 24-1999, f. & cert. ef. 12-14-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0130 Administrative Reviews for Title IV and ORS 419A.090 et seq. (1) Administrative reviews will be held on: (a) All children in the legal or physical custody of the Department and placed in paid or unpaid substitute care, including court sanctioned permanent foster care, a non-finalized adoptive placement; subsidized independent living; or returned to a parental home on the basis of a trial home visit; (b) All children placed in substitute care with a Voluntary Custody Agreement or Child Placement Agreement. (2) Exceptions to the administrative review requirements are: (a) Children placed directly from the hospital into a nursing home without a prior substitute care placement; (b) Children hospitalized on a long-term acute basis; or (c) Youth in detention. (3) An administrative review shall be held within six months following the first day of placement in care and every six months thereafter from the date of the last review. The administrative review requirement may be met by: (a) A local CRB review conducted in accordance with ORS 419A.090 through 419A.128; (b) A Permanency Hearing or other court hearing meeting the definition of a complete judicial review, held no earlier than five months after placement when the court relieves the CRB of its responsibility to review the case pursuant to ORS 419A.106 (1)(b); or (c) An Internal Review Committee. In exceptional and rare circumstances, in the absence of a review by a local CRB or court, an internal review committee may be convened to conduct an internal administrative review. An internal review will not relieve the Department of the requirements for CRB reviews in those counties where the local CRB boards operate, therefore, a review must be scheduled with the CRB or court within 30 days of the internal review. At least one member of the internal review committee must not be involved with day-to-day planning on the case. After concluding the internal review, the committee must complete and distribute a findings document to the participants and the CRB (contents should be similar to the findings issued by the CRB). Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title IV, ORS 419A.090-122, 419B.440-476 & 419C.623-656 History: CWP 23-2003, f. & cert. ef. 5-22-03 SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00 SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00 SOSCF 24-1999, f. & cert. ef. 12-14-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0135 Responsibility for Administrative Reviews (1) Responsibility for CRB Reviews when more than one Department office, cluster or state is involved with the case. Offices will meet the administrative review requirements for children in placements as follows: (a) For Oregon children in substitute care placements inside and outside of Oregon, the local Department office in the county holding legal jurisdiction is responsible for the administrative review. (A) Information about a child placed out-of state will be requested through Interstate Compact on the Placement of Children (ICPC) from the supervising state; and (B) The Oregon caseworker will compile information for the review on family members residing in Oregon and receiving Department services. (b) For non-finalized adoptive placements on fully free children, the supervising Department office is responsible for the administrative review. (c) For children in the legal custody of the Department whose placement is being co-managed by the Department and mental health or developmental disability case managers: (A) The Department office in the county holding legal jurisdiction is responsible for the administrative review. The mental health or development disability case managers will be invited and encouraged to participate in the review; (B) The Department caseworker will gather information for the review from the Mental Health or Developmental Disabilities case manager; and (C) The Department caseworker will compile information for the review on family members receiving Department services. (2) Review Requirements for Hospitalized Children and Children on Runaway Status. Administrative Reviews must be held for the following children: (a) Children returned to care from SAIP or SCIP. The review must be held within 30 days of the child's return to care if the review would have been due during the child's hospitalization, with the exception of children placed directly from the hospital into a nursing home, without a prior substitute care placement. (b) Children placed in an accredited psychiatric facility or hospital shall continue to have regularly scheduled CRB reviews. (c) Children on the run shall continue to have regularly scheduled CRB reviews. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 419A.090-122, 419B.440-476 & 419C.623-656 History: CWP 2-2006, f. & cert. ef. 2-1-06 CWP 23-2003, f. & cert. ef. 5-22-03
413-040-0150 Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings (1) The local Department office shall provide correspondence information to the local CRB to assure that written notice of the review is provided to the Department, any other agency directly responsible for the care or placement of the child, the parents or their attorneys, foster parents, surrogate parents, persons granted intervener status, mature children or their attorneys, court-appointed attorney or court appointed special advocate for any child, any district attorney or attorney general actively involved in the case and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative. (2) The local Department office shall provide foster parent, pre-adoptive parent, grandparent, or relative who is actively providing care for a child, notice of any court hearing concerning the child. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419A.090 – 419A.122, 419B.440 – 419B.476 & 419C.623 – 419C.656 History: CWP 8-2016, f. & cert. ef 6-1-16 CWP 29-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 CWP 23-2003, f. & cert. ef. 5-22-03 Reverted to SOSCF 24-1999, f. & cert. ef. 12-14-99 SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00 SOSCF 24-1999, f. & cert. ef. 12-14-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0155 Participants in Administrative Reviews and Permanency Hearings (1) All legal custodians and parents must be invited and encouraged to participate in Administrative Reviews and Permanency Hearings. (2) Other individuals to invite are: (a) Substitute care providers; (b) Children, when it is determined that the child's attendance would be appropriate and the child wishes to attend; (c) Attorneys and Court Appointed Special Advocates (CASA); (d) Indian tribe (if applicable). Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419A.090 – 419A.122, ORS 419B.440 – 419B.476 & ORS 419C.623 – 419C.656 History: CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 23-2003, f. & cert. ef. 5-22-03
413-040-0157 Documentation Requirements for Administrative Reviews and Permanency Hearings (1) Required documentation supporting the administrative review includes: (a) The current case plan narrative; and (b) A signed recommendation of the findings of the CRB or internal review committee (to be attached to the file copy of the case plan; or (c) A court order with language to the effect that a complete judicial review was held in place of an administrative review, and the court relieves the CRB of its responsibility to review the case pursuant to OR 419A. (2) Written evidence of a Permanency Hearing having taken place will include: (a) A written report filed by the worker in accordance with OR 419B.440 through 419B.452, and any additional information required by the court; (with court’s approval, the case plan may be used to meet reporting requirements of OR 419B.400 through 419B.452); and (b) A written court order. (3) Citizen Review Board Recommendations. The Department will implement recommendations of a local CRB as the Department deems appropriate. The Department will give written notification to the local CRB of any recommendations which the Department does not intend to implement This notification will be given within 17 days of receipt of the CRB recommendations. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title IV, SB 419, ORS 419A.090 - 419A.122, ORS 419B.440 - 419B.476 & ORS 419C.623 - 419C.656 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 23-2003, f. & cert. ef. 5-22-03
413-040-0159 Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings (1) Case records must contain documentation that written advance notice was provided to the persons cited in OAR 413-040-0150 inviting them to attend the Administrative Review or Permanency Hearing. (2) The Department will provide copies of the case plan narrative to: (a) Legal custodial and non-custodial parents; (b) Parents out-of-state; (c) Parents who have not had their parental rights terminated or have not signed a release and surrender agreement for adoption; (d) Indian tribes (if applicable); (e) Parents' and child's attorneys; and (f) Court Appointed Special Advocates (CASA). Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419A.090 – 419A.122, ORS 419B.440 – 419B.476 & ORS 419C.623 – 419C.656 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 23-2003, f. & cert. ef. 5-22-03
413-040-0165 Documentation Requirements for Reports Submitted to the Court Regarding an Indian Child Who is a Ward of the Court Any report that the Department submits to the court regarding an Indian child who is a ward of the court, including home studies, placement reports or other reports required under ORS chapters 109, 418, 419A and 419B, must address tribal customary adoption, as defined in OAR 413-115-0000 (43), as a permanency plan option Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: Oregon Laws 2021 History: CWP 11-2022, adopt filed 06/23/2022, effective 07/01/2022 CWP 1-2022, temporary adopt filed 01/03/2022, effective 01/03/2022 through 07/01/2022
413-040-0170 Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement (1) Children in out-of-home placement on the basis of a signed Voluntary Custody Agreement or Child Placement Agreement, and Title IV-E-FC eligible must, within 180 days of placement, have a judicial determination by court order to the effect that such placement is in the best interests of the child. A finding of reasonable efforts is not required. The judicial determination requirement may be met without a court hearing, e.g. letter to the court which results in an exparte court order. However, if a court hearing does not occur, a CRB review must be held and Permanency Hearings must occur as scheduled. (2) Children placed on the basis of a Voluntary Custody Agreement or Child Placement Agreement are subject to the same Administrative Review and Permanency Hearing requirements as children placed on the basis of a court order. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title IV, ORS 419A.090-122, 419B.440-476 & 419C.623-656 History: CWP 23-2003, f. & cert. ef. 5-22-03 Reverted to SOSCF 24-1999, f. & cert. ef. 12-14-99 SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00 SOSCF 24-1999, f. & cert. ef. 12-14-99
413-040-0200 The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose (1) The Interstate Compact on the Placement of Children (ICPC or Compact) is an agreement between all 50 states, the District of Columbia and the U.S. Virgin Islands. ( See ICPC Articles I-X and the ICPC regulations .01-10 (2001 ).) The Compact was adopted by the 1975 Oregon Legislature and is codified at ORS 417.200 to 417.260 . (2) The purpose of the compact is to ensure that when children are placed outside of their home state, those children receive the same protections and services that would have been provided if they had remained in their home state. (3) Article I of the ICPC provides, in part, that it is the policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement receives the maximum opportunity to be placed in a suitable environment with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care; (b) The appropriate authorities in the state where a child is to be placed have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child; (c) The proper authorities of the state from which the placement is made are able to obtain the most complete information to evaluate a projected placement before it is made; and (d) Appropriate jurisdictional arrangements for the care of children are promoted. (4) The Oregon ICPC office reviews all referrals for compliance with the ICPC, the Department's administrative rules, and AAICPC regulations and guidelines. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 417.200 - 417.260 History: CWP 28-2019, amend filed 06/12/2019, effective 06/12/2019 CWP 46-2003, f. 12-31-03, cert. ef. 1-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0208 Placements Subject to the ICPC; Placements Not Subject to the ICPC (1) When the placement of a child is subject to the ICPC, the sending agency must comply with the requirements of the ICPC and OAR 413-040-0200 to 413-040-0292. (2) The ICPC applies to the placement of a child: (a) With a parent, adoptive family, relative family or a foster family in another state, when the child is in the care or custody of a public child welfare agency; (b) By any individual or entity into another state if the placement is for adoption; and (c) By any individual or entity into a licensed residential treatment center located in another state. (3) The ICPC does not apply to the placement of a child: (a) By the child’s parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt or legal guardian with any such relative or guardian located in another state. (b) Into a medical facility, psychiatric institution or boarding school located in another state. (c) When: (A) The court places the child with a parent from whom the child was not removed; and (B) The court has no evidence and seeks no evidence of the parent’s unfitness; and (C) The court relinquishes jurisdiction over the child immediately upon placement with the parent. (4) The ICWA applies to all ICPC placements of an Indian child, except those ICPC placements where the child is placed by a parent into a residential treatment facility. (5) When a child is placed from a foreign country into a state other than Oregon by a private agency licensed in Oregon, the following requirements apply: (a) When an Oregon licensed agency is placing a child from a foreign country into a state other than Oregon, the ICPC applies if the child enters the United States under an IR4 visa and the entity facilitating the placement has guardianship of the child. (b) If the Oregon licensed private agency takes custody of the child before placing the child outside the state of Oregon, the ICPC applies. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 417.200-417.260 History: CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019