justicedao/ipfs_state_laws huggingface dataset:
413-020-0150 Exercise and Delegation of Guardian Authority (1) When the Department has legal custody of a child or young adult through a court order in which the Department has specifically been given guardianship, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff as described in this rule. (2) District Manager or Designee: may exercise the Department’s authority to consent to the following actions with respect to child or young adult served by that district: (a) Enlistment of a child or young adult in the Armed Forces or the Job Corps; and (b) Marriage. (3) Department Child Permanency Program Manager: may exercise the Department’s authority under ORS 109.325 to consent to the adoption of a child or young adult who is in the permanent custody of the Department . (4) Only the Health and Wellness Services Program Manager in consultation with the Child Welfare Director or in their absence and in the event of an emergency a Deputy Director for Child Welfare may consent to any of the following actions for a child : (a) Termination of a pregnancy, except when a child – 15 years of age or older exercises their statutory right to consent to their own termination of a pregnancy (ORS 109.640). (b) Extraordinary or controversial medical or surgical procedures, such as Do Not Resuscitate Order (DNR), organ transplants, kidney dialysis, open heart surgery, non-reversable gender affirming medical services, or any procedure involving substantial life threat. (c) Any medical or surgical procedure to which a legal parent, guardian , or Indian custodian of the child or the child is opposed. (d) Sterilization under ORS chapter 436, but only when such procedure is necessary to protect the child’s life. (5) Department Director, Director for Child Welfare or Deputy Director for Child Welfare, may exercise the Department’s authority to consent to any action to which the physical custodian , caseworker , Local Office Program Manager, and District Manager may consent. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.640 & ORS 418.312 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 133-2020, amend filed 06/29/2020, effective 07/01/2020 CWP 103-2020, temporary amend filed 02/04/2020, effective 02/04/2020 through 08/01/2020 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 12-2003, f. & cert. ef. 1-9-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0160 Actions Not Authorized (1) A Department employee may not consent to educational planning which is defined as the responsibility of a parent or surrogate parent (see OAR 581-015-2000). (2) A Department employee or agent may not exercise the Department’s authority to give consent to the purchase of, or ownership of, a motor vehicle by a child in legal custody of the Department. This prohibition does not prevent a child in the legal custody of the Department from exercising the right to purchase or own a motor vehicle on his or her own account. (3) A Department employee may not co-sign or counter-sign any purchase contract for a child or young adult in the Department’s custody. (4) A Department employee may not accept responsibility or serve as conservator of a child or young adult's property or estate. (5) A Department employee or agent may not consent to the sterilization of a child or young adult, except pursuant to ORS chapter 436, and to save the child or young adult's life. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.640 & 418.312 History: CWP 19-2015, f. & cert. ef. 10-1-15 CWP 12-2003, f. & cert. ef. 1-9-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0170 General Provisions (1) The Department acknowledges the right of a minor 15 years of age or older to consent to hospital care, medical and surgical diagnosis, or treatment without the consent of the parent, guardian, or Indian custodian see ORS 109.640). (2) The Department acknowledges the right of a minor 14 years of age or older to obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder or chemical dependency, excluding methadone maintenance, by a physician (see ORS 109.675). (3) Whenever Department staff exercise the agency's authority to authorize actions described as the responsibility of a guardian under these rules, Department staff must: (a) Consider the impact of the proposed action upon the welfare of the child, the child's family and the community prior to deciding whether to consent to or authorize the proposed action; (b) Consult with the physical custodian of the child; (c) When the child is not in the permanent custody of the Department, make reasonable efforts to consult the child's parents or guardians about the action proposed and consider the parents or guardians' preference concerning the action proposed prior to making a decision to consent to or authorize the proposed action unless there is cause to believe such consultation will be detrimental to the child; and (d) Prepare a brief written record of the circumstances of the action consented to whenever the Department provides a written consent for actions defined as the responsibility of a guardian. The written record and a copy of any consent made in writing will be filed in the child's case record. (4) In any case where Department staff consider it necessary or appropriate, they may notify the juvenile court, or seek the court's concurrence, prior to consenting to or authorizing any of the actions described in these rules with respect to children in the Department’s custody. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.675 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 12-2003, f. & cert. ef. 1-9-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0200 Purpose The purpose of OAR 413-020-0200 to 413-020-0255, is to describe the responsibilities of the Department to: (1) Identify the supervision needs of a child or young adult in substitute care with a certified family; (2) Develop a supervision plan describing the actions and activities provided by a certified family, the Department, and other individuals to meet the child or young adult's need for enhanced supervision; (3) Conduct a CANS screening to determine the child’s or young adult’s eligibility for a level of care payment for the purpose of negotiating or renegotiating guardianship assistance pursuant to OAR 413-070-0900 to 413-070-0974 or negotiating or renegotiating adoption assistance pursuant to OAR 413-130-0000 to 413-130-0130. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 16-2024, amend filed 05/31/2024, effective 06/03/2024 CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 06/17/2024 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 39-2018, amend filed 04/26/2018, effective 04/26/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018 CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 6-2007, f. & cert. ef. 5-1-07 CWP 3-2003, f. & cert. ef. 1-7-03 SCF 4-1996, f. & cert. ef. 9-11-96 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0233 When a Supervision Plan is Required (1) The caseworker must develop a supervision plan with the certified family with whom the child or young adult lives within 30 days of: (a) The receipt of the CANS screening results that indicates enhanced supervision is necessary to maintain the safety and support the well-being of the child or young adult and the child or young adult qualifies for a level of care payment ; or (b) When a child or young adult who has enhanced supervision needs and is receiving a level of care moves from one certified family to another certified family . (2) A supervision plan is not required for a level of care payment determined for the purpose of negotiating an adoption assistance or guardianship assistance payment . Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 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 29-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 6-2007, f. & cert. ef. 5-1-07
413-020-0245 Responsibilities in Monitoring a Child or Young Adult's Supervision in a Certified Family (1) During each monthly face-to-face contact described in OAR 413-080-0054, in addition to assessing the safety of the child or young adult, Department staff must determine: (a) Whether the certified family is meeting the supervision needs of the child or young adult. (b) Whether the supervision needs of the child or young adult have changed. (c) If there is a current supervision plan, whether the supervision actions and activities described in the supervision plan are effective in meeting the child or young adult's supervision needs. (2) If, after assessing the safety of the child or young adult as described in OAR 413-080-0054, the caseworker determines that the child or young adult currently is safe in the home but his or her supervision needs are not being met, the caseworker must: (a) Consult with the certified family's certifier or the certifier's supervisor to determine if available resources or training are able to provide the additional support the certified family may need to meet the child or young adult's supervision needs; (b) If there is a current supervision plan for the child or young adult, determine whether the supervision plan should be revised, and if so, meet with the certified family to revise the plan; and (c) Determine whether there has been an observed, ongoing change in a child or young adult's behavior or functioning such that the observed changes must be documented and submitted with a CANS screening under referral OAR 413-020-0230(2). (3) The caseworker documents the monitoring activities described in this rule in the Department's information system. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 1-2013, f. & cert. ef. 1-15-13 CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 6-2007, f. & cert. ef. 5-1-07
413-020-0600 Purpose (1) The purpose of these rules is to comply with Public Law 98-457, which requires that procedures be established within Oregon’s Child Protective Services (hereafter referred to as CPS) program to respond to reports of suspected medical neglect, including reports of withholding medically indicated treatment for disabled infants with life-threatening conditions. The regulations indicate that the focus of the Department CPS work will be, “as it is in responding to other reports of child abuse and neglect, to protect the child and assist the family.” Hospitals are encouraged to form review committees to assist with medical and ethical dilemmas arising in the care of disabled infants with life-threatening conditions. Due to the sensitive nature of these cases and the specialized skills required to complete the investigations, the Department will designate a Child Welfare staff person in each of the three cities having tertiary care centers (Portland, Eugene, and Medford) to be a specialist in Medical Neglect investigations. These Medical Neglect Investigators, along with the CPS program manager, will be available to provide telephone consultation and investigations of reports alleging medical neglect of handicapped infants with life-threatening conditions. The Medical Neglect Investigators will form a special investigation “team” with a Designated Consultant Neonatologist and a local CPS caseworker. (2) The federal regulations emphasize that parents are the decision makers concerning treatment for their disabled infant based on advice and reasonable medical judgment of their physician(s) with advice from the Hospital Review Committee, if one exists. It is not the Department nor the HRC, nor any other committee, who makes decisions regarding the care and treatment for a child except in highly unusual circumstances where the course treatment is inconsistent with applicable standards established by law. (3) The legislation requires that appropriate nutrition, hydration, and medication shall always be provided to the infant, and that the effectiveness of treatment shall not be based on subjective opinions about the future “quality of life” of an infant. In response to a report of medical neglect of a disabled infant with a life-threatening condition, Department’s investigative role is to determine if the decision made to withhold treatment was based on reasonable medical judgment consistent with the definition of “withholding of medically indicated treatment.” (see OAR 413-020-0000.) Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 31-2018, minor correction filed 04/16/2018, effective 04/16/2018 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0620 Policy Intake. Any person may make a report that a handicapped infant in a medical facility is not receiving adequate and necessary medical care. Reports which indicate withholding of medical treatment from disabled newborns with life-threatening conditions will be considered an emergency and assigned for investigation within one hour. Each Child Welfare branch will develop local procedures to assure that such reports received after normal work hours will be promptly investigated. Anonymous reports will be accepted at Intake. (1) Obtain from the reporting person as much of the following information as possible: (a) Name and address of the hospital; (b) Name and address of infant and infant’s parents; (c) The infant’s name and birth date; (d) The name of the infant’s attending physician; (e) The condition of the infant and in particular information regarding whether the infant may die or suffer harm within the immediate future if medically indicated treatment is withheld; (f) The basis of the reporter’s suspicion or belief that medically indicated treatment or appropriate nutrition, hydration, or medication is being or will be withheld; (g) Name of the person making the report, source of the information, position to have reliable information (i.e., nurse, friend, family member, etc.), address and telephone number. (2) Criteria to determine if an investigation is indicated: (a) Would the reported circumstances, if true, constitute “medical neglect”; (b) Is there reasonable cause to believe that medically indicated treatment is being withheld? This must be based on the condition of the child, health care professional’s statements, information that the parents have refused to consent to treatment, and consultation with the worker’s supervisor; (c) A Medical Neglect investigator will be contacted to help determine if assignment for a CPS investigation is indicated. (Consultation with a Designated Consultant Neonatologist from a hospital other than the one where the infant is receiving treatment may be utilized at this point.) (3) Reporting the Alleged Neglect. When a report of suspected medical neglect is received, the local Law Enforcement Agency will be contacted per ORS 419B.020. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0650 Annual Information Update Each local Child Welfare branch manager shall contact each hospital in their county and obtain the name, title, and telephone number of the designated hospital liaison who is responsible for coordination, consultation, and notification of the Child Welfare of cases of suspected medical neglect. The branch managers shall update this information annually. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0003 Purpose The purpose of OAR 413-030-0003 to 413-030-0030 is to describe the responsibilities of the Department in providing family support services, including: (1) Eligibility criteria; (2) Determination of service needs; (3) Development of the family support services case plan; (4) Development of Service Agreements; (5) Caseworker contact and monitoring requirements; and (6) Timelines for reviewing progress. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07
413-030-0006 Eligibility For Family Support Services (1) A parent, guardian , Indian custodian, young adult, or former foster child may be eligible for family support services if the requirements of one of the following subsections are met: (a) A parent, guardian, or Indian custodian requests out-of-home placement of a child due solely to the emotional, behavioral, or mental disorder or developmental or physical disability of the child , as described in OAR 413-020-0060 to 413-020-0090. (b) A young adult requests placement through the Department and meets the criteria described in OAR 413-020-0070(2). (c) A parent, guardian, or Indian custodian requests that the Department take temporary custody of a child due to conditions described in OAR 413-020-0005 to 413-020-0050. (d) A former foster child eligible to receive Independent Living Program (ILP) services requests those services (e) A parent, guardian, or Indian custodian requests post adoption or post legal guardianship services in connection with an adoption or legal guardianship that occurred through the Department. (f) A parent, guardian, or Indian custodian requests assistance with a child in the home, and all of the following paragraphs apply (A) Other community resources have been utilized and determined to be ineffective. (B) Members of the extended family and other responsible adults who are well known to the child have been explored or utilized and determined to be unsafe, unavailable, unwilling, or ineffective as support for the family. (C) The parent, guardian, or Indian custodian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition. (D) The inability of the parent, guardian, or Indian custodian to fulfill parental responsibilities is temporary and immediate; and will be alleviated with short-term services or short-term services will transition the family to community services. (E) A Child Welfare program manager approves the request for voluntary services. (2) Service eligibility requires the full and ongoing cooperation of the parent, guardian, Indian custodian, young adult or former foster child in: (a) The determination of need; (b) The preparation of the family support services case plan ; and (c) The monitoring of the family support services case plan . (3) If the Department determines that funds for family support services are unavailable, the Department will not provide services for those who are eligible for services under subsection (1)(e) of this rule. (4) The Department must provide family support services when a court has ordered the Department to provide services to a pre-adjudicated delinquent. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 Renumbered from 413-030-0020, CWP 4-2007, f. & cert. ef. 3-20-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0013 Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations (1) The caseworker may secure an expert evaluation of the parent , guardian , Indian custodian or child , when appropriate, to determine treatment or service needs or to assist in assessing child safety when there is a specific condition or behavior that requires additional professional information regarding a person’s functioning. Assessments of parents or children must be individualized and based on the best available objective evidence. Examples include, but are not limited to: (a) The parent , guardian , Indian custodian or child is displaying unusual or bizarre behaviors that are indicative of emotional or behavioral problems; (b) Physical illness, physical disability, or mental illness; (c) Suicidal ideation; or (d) Homicidal ideation. (2) The caseworker must obtain the consent of the parent, guardian, or Indian custodian prior to arranging an expert evaluation of the parent, guardian, or Indian custodian . (3) Parenting evaluations of individuals with disabilities who may need adapted services or reasonable modifications must be evidence or research based, conducted by qualified professionals, and tailored to assess actual parenting ability and specific areas of disability-related needs. Parenting evaluations must be fully accessible to people with disabilities and shall not be based on a single general intelligence quotient or measure of the person’s disability, rather than their parenting ability. Statutory/Other Authority: ORS 409.050, ORS 418.005 & 45 CFR § 84.60 Statutes/Other Implemented: ORS 418.005, Section 504 of the Rehabilitation Act & 29 USC § 794. History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07
413-030-0019 Developing Service Agreements (1) The caseworker may develop a Service Agreement with a parent, guardian, Indian Custodian, young adult , or former foster child with a family support services case plan . The Service Agreement is a time-limited agreement that documents the services and action steps that will occur under the agreement. (2) When used, the Service Agreement must include all of the following: (a) One of the service goals in the family support services case plan . (b) Specific activities or services that will occur to achieve the service goal . (c) Participants and responsibilities. (d) Anticipated start and completion dates. (e) Treatment services for the child or former foster child (if applicable). (f) Method of measuring progress. (g) Timeline for review. (3) The caseworker must give a copy of the Service Agreement to the parent, guardian, Indian custodian, young adult, or former foster child no later than seven days after the agreement is signed. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07