justicedao/ipfs_state_laws huggingface dataset:
413-070-0925 Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian (1) The Department may approve a potential guardian for guardianship assistance when the potential guardian; (a) Meets the requirements of OAR 413-070-0665(2); and (b) Agrees to ensure that, if the child has attained the minimum age for compulsory attendance under the law of the state of residence but has not completed secondary school, the child is: (A) Enrolled in an elementary or secondary school as determined by the law of the state of residence; (B) Home schooled in accordance with the law of the state of residence; (C) Enrolled in an independent study program in accordance with the law of the state of residence; or (D) Incapable of attending school due to a documented medical condition. (2) In the event of the death or incapacity of the guardian, before the successor legal guardian may receive a guardianship assistance payment, all of the following requirements must be met: (a) The successor legal guardian must be named in the guardianship assistance agreement, prior to the death or incapacity of the guardian. A successor legal guardian may be added, removed, or replaced by amending the guardianship assistance agreement any time prior to the death or incapacity of the guardian. (b) The successor legal guardian and the Department must negotiate and enter into a written guardianship assistance agreement as described in OAR 413-070-0949. (c) The successor legal guardian and all adults living in the home of the successor legal guardian must have a Department-approved, fingerprint-based criminal records check of the National Crime Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check. (d) The successor legal guardian must be granted guardianship of the child or young adult through a judgment of the court. (3) A guardianship assistance payment to a successor legal guardian begins on the date all requirements in section (2) of this rule are met. Statutory/Other Authority: ORS 411.141 & 418.005 Statutes/Other Implemented: ORS 411.141 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 24-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 CWP 1-2010(Temp), f. & cert. ef. 2-1-10 thru 6-14-10 CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10 CWP 12-2009, f. & cert. ef. 9-28-09 CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09 CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09 CWP 8-2004, f. & cert. ef. 4-1-04 CWP 26-2003, f. & cert. ef. 7-31-03 SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 7-2000, f. & cert. ef. 2-10-00 SOSCF 18-1999(Temp), f. & cert. ef. 9-14-99 thru 3-12-00
413-070-0934 Application Requirements (1) Except as described in subsections (a) and (b) of this section, the Adoption Assistance and Guardianship Assistance Unit must begin negotiation of the guardianship assistance agreement no later than 60 calendar days after receipt of the completed guardianship assistance application. (a) The Adoption Assistance and Guardianship Assistance Unit may delay negotiation of the guardianship assistance payment when the child is due for an updated CANS screening , a new CANS screening is warranted, or a CANS screening is in process or completed but a decision is pending regarding the level of care payment under OAR 413-020-0230. The unit must begin negotiation no later than 30 calendar days from receipt of the final decision regarding the level of care payment . (b) The Adoption Assistance and Guardianship Assistance Unit may delay negotiation following a request by the caseworker, guardian , or potential guardian when there are extenuating circumstances regarding the child or family. The unit must begin negotiation no later than 30 calendar days from notification that the extenuating circumstance causing the delay has been resolved. (c) The Adoption Assistance and Guardianship Assistance Unit will begin negotiation with the successor legal guardian no later than 30 days after receipt of the Department approved fingerprint-based criminal records check of the National Crime Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check of the successor legal guardian and all adults living in the successor legal guardian’s home. (2) A guardianship assistance application is considered complete when the Adoption Assistance and Guardianship Assistance Unit has received a signed application and all supporting documentation. Statutory/Other Authority: ORS 418.005 & ORS 411.141 Statutes/Other Implemented: ORS 409.010, ORS 418.005 & ORS 411.141 History: CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 24-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 Renumbered from 413-070-0965, CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10 CWP 12-2009, f. & cert. ef. 9-28-09 Suspended by CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09 CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09 CWP 8-2004, f. & cert. ef. 4-1-04 CWP 26-2003, f. & cert. ef. 7-31-03 SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 7-2000, f. & cert. ef. 2-10-00 SOSCF 18-1999(Temp), f. & cert. ef. 9-14-99 thru 3-12-00
413-070-0944 Legal Expenses of a Guardian The Department may not authorize payment for legal services provided: (1) For the potential guardian, guardian, or successor legal guardian in connection with a contested case hearing; or (2) To defend or retain a guardianship upon challenge by another party once a guardianship is established. Statutory/Other Authority: ORS 411.141 & 418.005 Statutes/Other Implemented: ORS 411.141 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 Renumbered from 413-070-0960, CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10 CWP 12-2009, f. & cert. ef. 9-28-09 CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09 CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09 CWP 8-2004, f. & cert. ef. 4-1-04 CWP 26-2003, f. & cert. ef. 7-31-03 SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 7-2000, f. & cert. ef. 2-10-00 SOSCF 18-1999(Temp), f. & cert. ef. 9-14-99 thru 3-12-00
413-070-0959 Court Order of Guardianship (1) Except for guardianships established pursuant to OAR 413-070-0917(5), guardianship assistance may only be provided for a legal guardianship established under ORS 419B.365 or ORS 419B.366, as provided under ORS 419B.367 to 419B.369, or as provided by the statutory code or laws of a participating tribe. (2) The Department or participating tribe may not pursue a court order establishing an assisted guardianship until a guardianship assistance agreement between the Department and the potential guardian has been signed by all parties. (3) The Department or participating tribe, through counsel if the child is in the care or custody of the Department, must move the court for an order establishing the guardianship and, when the child is in the care or custody of the Department or participating tribe, directing one of the following: (a) Termination of Department or participating tribe's care or custody and dismissal of the Department or participating tribe as a party to the case; or (b) If the child has been committed permanently to the Department, an order setting aside the order of permanent commitment and relieving the Department of responsibility for the care, placement, and supervision of the child. (4) The Department may not provide guardianship assistance if the court establishes guardianship but orders the Department or participating tribe to continue supervision of the child or guardian. (5) Once the court signs the order of guardianship, the foster care base rate payment, any level of care payment, and any level of personal care payment provided by the Department end. If the guardian requests that medical assistance from the Department continue after the guardianship has been finalized, and the child is eligible, the Department may continue to provide medical assistance for the child. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 411.141, ORS 418.005 & ORS 409.010 History: CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018 CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019 CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17 CWP 16-2016(Temp), f. & cert. ef. 9-2-16 thru 2-28-17 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 8-2004, f. & cert. ef. 4-1-04 CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 Renumbered from 413-070-0937, CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10 CWP 12-2009, f. & cert. ef. 9-28-09 CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09 CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09 Reverted to CWP 26-2003, f. & cert. ef. 7-31-03 CWP 49-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 4-28-04 CWP 26-2003, f. & cert. ef. 7-31-03 SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 7-2000, f. & cert. ef. 2-10-00
413-070-0969 Renegotiation of a Guardianship Assistance Agreement (1) A potential guardian or guardian may request that the Department consider renegotiation of the guardianship assistance agreement. The request for renegotiation must: (a) Be in writing in a format provided by the Department to the potential guardian or guardian; (b) Document changes in the circumstances of the potential guardian or guardian, when applicable; (c) Document the needs of the child or young adult; (d) Provide information about the financial expenses of the potential guardian or guardian in meeting the needs of the child or young adult; (e) Provide information about the expenses required to meet the needs of the child or young adult; and (f) If the potential guardian or guardian is requesting a CANS screening, provide written documentation of the child's or young adult's current behaviors and functioning that meet the eligibility requirements for a CANS screening referral under OAR 413-020-0230. (2) Renegotiation of the guardianship assistance payment will be conducted as described in OAR 413-070-0939. (3) The Department may require a renegotiation of the guardianship assistance agreement when the Department determines that the child or young adult is eligible for guardianship assistance in a different amount, as described in OAR 413-070-0974. (4) A new guardianship assistance agreement must be signed by all parties each time a new guardianship assistance payment is agreed upon by the potential guardian or guardian and the Department. (5) Unless section (6) of this rule applies, the Department may authorize a renegotiated guardianship assistance payment increase or decrease beginning on a date no earlier than the first day of the month in which the Department receives the written request for renegotiation. (6) The Department may approve up to twelve months of retroactive payments unless a contested case hearing was requested and a subsequent decision necessitates a payment of more than twelve months. The decision includes any decision by the Department including: (a) A final order; (b) A stipulated final order; (c) A settlement agreement; or (d) Any other agreement resulting in withdrawal of the contested case. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 411.141, ORS 418.005 & ORS 409.010 History: CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018 CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019 CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018 CWP 7-2018, temporary amend filed 01/09/2018, effective 01/09/2018 through 05/15/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10
413-070-0970 Guardianship Social Support Services The guardian or child in an assisted guardianship may request family support services from the Department as described in OAR 413-030-0000 to 413-030-0030. Statutory/Other Authority: ORS 411.141 & 418.005 Statutes/Other Implemented: ORS 411.141 & 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 6-2010, f. & cert. ef. 6-15-10 CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10 CWP 12-2009, f. & cert. ef. 9-28-09 Suspended by CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09 CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09 CWP 8-2004, f. & cert. ef. 4-1-04 CWP 26-2003, f. & cert. ef. 7-31-03 SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 7-2000, f. & cert. ef. 2-10-00 SOSCF 18-1999(Temp), f. & cert. ef. 9-14-99 thru 3-12-00
413-070-0990 Purpose The purpose of OAR 413-070-0990 to 413-070-1060 is to describe the responsibilities of the Department to determine the appropriate use of placement with a fit and willing relative as a permanency plan for a child or young adult in the care or custody of the Department. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 411.141 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15
413-070-1000 Placement with a Fit and Willing Relative as a Permanency Plan (1) Placement with a fit and willing relative is a permanency pla n for a child or young adult in the care and custody of the Department. (2) The Department may consider placement with a fit and willing relative as a permanency plan for a child or young adult in the care or legal custody of the Department based on the individual safety, permanency, and well-being needs of the child or young adult , when: (a) A person who meets the requirements of OAR 413-070-1010 requests to be considered a fit and willing relative ; and (b) The Department has determined; (A) The child or young adult is unable to safely return to the home of a parent ; (B) There are no current Department actions to identify or assess a relative of the child or young adult who has expressed an interest in being an adoptive resource , or adoption is not in the best interests of the child or young adult ; and (C) There are no current Department actions to identify or assess a relative of the child or young adul t who has expressed an interest in being a guardian , or guardianship is not in the best interests of the child or young adult . (3) When considering placement with a fit and willing relative as the permanency plan , the caseworker must: (a) Consult with and seek input from the child or young adult 14 years of age or older and, at the option of the child or young adult , up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010(3)(c); (b) Consult with and seek input from the child or young adult as developmentally appropriate, regardless of the age of the child or young adult ; (c) Discuss with the child or young adult as developmentally appropriate, regardless of the age of the child , how the placement with the relative could affect the child’s or young adult’s contact with his or her siblings. (d) Assess the parents’ acceptance of the fit and willing relative permanency plan , and their preference for continued contact with the child or young adult ; and (e) Document in the electronic information system of the Department how the requirements of subsections (a) to (c) of this section were met. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.050, ORS 409.010 & ORS 418.606-418.609 History: CWP 45-2019, minor correction filed 08/09/2019, effective 08/09/2019 CWP 17-2018, amend filed 02/22/2018, effective 02/22/2018 CWP 23-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15
413-070-1010 Eligibility Requirements for a Fit and Willing Relative To be eligible for consideration as a fit and willing relative, a person must: (1) Meet the definition of relative; or (2) Meet the definition of a person with a caregiver relationship under ORS 419B.116(1) for a child or young adult in the care and custody of the Department and be placed in foster care through the Office of Developmental Disabilities Services; and (3) Be approved by the Department as a long term resource for the child or young adult until a higher level of permanency can be achieved; (4) Have a current Certificate of Approval from the Department, a licensed foster care agency, a participating tribe, or another state when the relative is currently certified or otherwise approved by the state in which the relative resides and approved as a placement for the child or young adult under the Interstate Compact on Placement of Children; (5) Have a strong commitment to caring permanently for the child or young adult and any sibling under consideration; and (6) Agree to the requirements, responsibilities, and approval process for the Placement with a Fit and Willing Relative Agreement. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 409.050 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15
413-070-1040 Ongoing Department Responsibilities When Placement with a Fit and Willing Relative is the Permanency Plan (1) When placement with a fit and willing relative is the court-approved permanency plan for a child or young adult in the legal custody of the Department, the caseworker must do all of the following: (a) Have monthly contact with the child or young adult, with the relative caregiver, and monitor the safety of the child or young adult as described in OAR413-080-0040 to 413-080-0067. (b) Evaluate the appropriateness of ongoing contact between the child or young adult with parents, siblings, and other people as described in OAR 413-070-0800 to 413-080-0880. (c) Provide timely assessment and services for identified needs of the child or young adult, the substitute caregiver, or the parents of the child or young adult. (d) Monitor the case plan and complete the required case plan reviews (e) Submit to the court and to the citizen review board the case plan updates required in Child Welfare Policy I-I.2, "Narrative Recording". (f) Continue to assess requirements for certification of the permanent relative caregiver pursuant to OAR 413-200-0270 to 413-200-0296. (g) Develop a comprehensive transition plan as required by OAR 413-030-0400 to 413-030-0460 for any child 14 years of age or older. (2) In addition to the requirements of section (1) of this rule, when the child or young adult has an approved fit and willing relative permanency plan, the caseworker must: (a) Routinely discuss with the child or young adult and the permanent relative caregiver during face-to-face and other contacts the needs, benefits, barriers, and solutions towards achieving a more preferred permanency option; (b) Include in the case plan of the child or young adult a description of how relationships with other relatives and persons involved in the life of the child or young adult may be developed and maintained; and (c) In the event a relative not previously identified as a potential adoptive or guardianship resource expresses an interest, determine whether it is in the best interests of the child or young adult to change the plan to a more preferred permanency plan and to assess the resource for placement. (3) The permanent relative caregiver must: (a) Maintain a current Certificate of Approval and follow the requirements of the Department pursuant to OAR 413-200-0301 to 413-200-0396; and (b) Follow the requirements of the Department regarding the education, medical care, and mental health care of the child or young adult, and other services requested by the Department to meet the needs of the child or young adult. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 411.141 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15
413-070-1060 Termination of Placement with a Fit and Willing Relative Permanency Plan (1) The placement with a fit and willing relative plan must be terminated when: (a) Court wardship is terminated; (b) The court relieves the Department of legal custody of the child or young adult; (c) The court determines that placement with a fit and willing relative is no longer the appropriate permanency plan for the child or young adult; (d) One of the more preferred permanency plans is achieved; (e) The Department and the relative caregiver mutually consent to termination; (f) The relative caregiver fails to maintain a current Certificate of Approval in accordance with OAR 413-200-0301 to 413-200-0396 and 413-200-0270 to 413-200-0296, including when the certificate has been revoked or denied; or (g) The child or young adult is removed from the relative caregiver by the Department. (2) The Department must provide written notification to the court of any change in the placement of the child or young adult. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 411.141 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15
413-070-1070 Purpose The purpose of OAR 413-070-1070 to 413-070-1090 is to describe the requirements and responsibilities of the Department when placing a child or young adult who is in the care or custody of the Department in a congregate care residential setting. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 419B.354 History: CWP 145-2020, adopt filed 11/24/2020, effective 12/01/2020 CWP 131-2020, temporary adopt filed 06/29/2020, effective 07/01/2020 through 12/27/2020
413-080-0040 Monthly Contact and Monitoring Child and Young Adult Safety The purpose of these rules, OAR 413-080-0040 to 413-080-0067, is to describe the responsibilities of the Department regarding: (1) Monthly contact; (2) Monitoring the safety, permanency, and well-being needs of the child or young adult in child welfare cases; (3) Actions required when Department staff become aware of information or circumstances that may impact the safety or well-being of a child or young adult on an open case; and (4) Monitoring the ongoing safety plan. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 53-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 29-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 15-2004, f. & cert. ef. 8-25-04 CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04