justicedao/ipfs_state_laws huggingface dataset:
413-040-0222 Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal (1) The Department will not delay or deny placement of a child who is in the custody of the Department solely because the available ICPC approved family resides outside the state of Oregon. (2) An approved adoptive resource (as defined in OAR 413-200-0260) who alleges that the denial of an adoption placement was based on the adoptive resource residing outside Oregon has the right to a contested case hearing as provided in ORS 183.310 to 183.550 and OAR 413-010-0500. (3) For denial, termination, revocation or appeal of a child-specific certificate of approval for a relative caregiver or foster parent, refer to OAR 413-200-0296 and OAR 413-203-0040. (4) Denial of ICPC placement or reversal of an approval. (a) Reasons for denial or reversal of ICPC placement approval. A placement request may be denied, or approval may be reversed when: (A) The certification requirements of OAR chapter 413, division 200 or division 203 are not met; (B) The adoptive resource certification requirements of OAR 413-200-0274 are not met; (C) The applicant fails to timely respond to a written request from the Oregon ICPC office; (D) The applicant withdraws his or her application; or (E) The child’s specific needs cannot be met if the child is placed in the home. (b) Appeal. There is no right to appeal from a denial of an ICPC placement. Following a denial, the sending state may submit a new request if the issues that led to the denial have been corrected. (5) The Oregon ICPC office may deny or return the home study or parent home study request without processing it if any of the following apply: (a) The prospective placement resource is noncompliant with the sending state’s case plan. (b) The prospective placement resource fails to respond to a written request for contact from the Department within 30 days of the request. (c) There is an open CPS assessment on a prospective placement resource. (d) The referral packet is incomplete. (e) The sending state is nonresponsive to information requests. (f) The prospective placement resource has an outstanding warrant for arrest. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 417.200-417.260 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019
413-040-0240 Financial and Medical Responsibility (1) When the Department is the sending agency, the Department is responsible for the support and maintenance of the child during the period of the placement. (2) When the Department is the sending agency, the Department is responsible for ensuring that medical coverage for the child is provided during the period of the placement. (3) When, subsequent to ICPC approval, the Department places a child out of state with a foster parent or relative caregiver, foster care payment is determined in accordance with OAR 413-090-0000 to 413-090-0050 . (4) When, subsequent to ICPC approval, the Department places a child out of state in a residential facility, payment to the facility will be negotiated prior to placement. This payment may be through a contract with the Department or through Medicaid, as authorized by the Oregon Health Authority or its contractors. (5) When a state other than Oregon is the sending agency, the Department is not responsible for the support and maintenance of a child placed in Oregon. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.647 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 417.200-417.260 & ORS 418.647 History: CWP 28-2019, amend filed 06/12/2019, effective 06/12/2019 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 1-2011, f. & cert. ef. 1-4-11 CWP 20-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11 CWP 18-2010, f. & cert. ef. 9-2-10 CWP 3-2010(Temp), f. & cert. ef. 3-15-10 thru 9-10-10 CWP 46-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 4-2002, f. 3-28-02, cert. ef. 4-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0248 Travel Arrangements and Reimbursement for Transportation Expenses (1) The Department may pay transportation costs related to the interstate placement of a child in the Department's custody. (2) Travel arrangements and expenses for children in the Department's custody. (a) Travel arrangements must be made through a state-contracted travel agency. (b) Travel arrangements must be made only after the ICPC authorization number is provided by the ICPC office. (c) Travel expenses must be pre-authorized by the Oregon ICPC office; however, pre-authorization for expenses is not required if there is an emergency, as determined by the ICPC office. (d) The Oregon ICPC office will reimburse expenses using the required travel expense form. Receipts must be submitted for all expenses that are not per diem expenses. (3) The Oregon ICPC office may pay for any of the following expenses for a placement, pre-adoptive visit or for returning a child or young adult to Oregon from an ICPC placement: (a) A one-way ticket for the child. (b) A round trip ticket for a chaperone selected by Department staff. (c) Car rental, meals, and shipment of reasonable belongings. (d) Round-trip mileage based on per diem rates . (e) Baggage fees. (f) Parking. (g) For DHS staff only, meals based on the U.S. General Services Administration per diem rates. (h) For non-DHS staff and the child, meals up to the U.S. General Services Administration per diem rate, based on the receipt. (i) Lodging, up to the U.S. General Services Administration per diem rate, based on the receipt. (j) For placement transition. After an adoption placement has been approved, the Oregon ICPC office may pay expenses for one pre-placement visit. If a placement transition visit is approved, the Oregon ICPC office will pay for up to six days, five nights, at the U.S. General Services Administration per diem rates. (4) Exceptions to the travel reimbursement limitations in (3)(a) to (j) of this rule may be approved by the ICPC manager. 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
413-040-0282 Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon (1) When a child is placed out of or into Oregon by a sending agency, including a parent or a private licensed agency, for purposes of adoption, the ICPC applies. Independent and private agency adoption referrals are processed as soon as practicable after receipt by the ICPC office of the complete compact placement referral. (2) Referrals for independent and private agency adoptive placement covered by the Compact must be sent to the Oregon ICPC office, after the birth of the child, and must contain the following: (a) Cover letter; (b) Form 100A ; (c) Forms 246, 246A , and 246B , or the equivalent from another state; (d) The consents and surrenders required by law, signed after the birth of the child; (e) If the biological or legal father has not signed a consent and surrender, an affidavit from the child's mother regarding the biological father and, if the legal father is not the biological father, regarding the legal father; (f) Documentation regarding all known facts about each legal or putative father. If the mother has stated that the identity or whereabouts of the father is unknown, documentation regarding what advice and information the mother was given and the reason why the father's identity or whereabouts are unknown to the mother; (g) Written verification that the birth parent was given notice of the right to payment for adoption-related counseling pursuant to ORS 109.346, if it is an Oregon birth mother or if the adoption is being finalized in Oregon; (h) Written verification that the birth and adoptive parent(s) have been advised about the Oregon Voluntary Adoption Registry if the adoption will be finalized in Oregon; (i) A legal risk statement signed by the adoptive family that acknowledges that the child is not legally free for adoption and that there is a risk of having the child removed from the home. This statement is required when one of the biological or legal parents has not signed a consent and surrender; (j) For placements made by a private adoption agency, a copy of the sending agency’s license or certification; (k) A statement regarding the applicability of the ICWA; (L) If the child is an Indian child, the parental consents for adoption must comply with the ICWA; (m) Medical information regarding the child; and (n) The completed home study. An update must be included if the study was completed more than one year from the date the ICPC referral is made. 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
413-040-0292 ICPC Case Closure (1) The sending agency retains jurisdiction over the child or young adult sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child or young adult that it would have had if the child had remained in the sending agency's state until the child or young adult: (a) Is adopted; (b) Reaches the age of majority according to the law of the sending state; (c) Becomes self-supporting as determined by the sending agency; (d) Is discharged with the concurrence of the appropriate authority in the receiving state; or (e) Is returned to the sending state. (2) Before the Oregon sending agency may close an ICPC case: (a) The Oregon ICPC office must obtain written agreement to close the case from the receiving state’s ICPC office to finalize an adoption or guardianship by a placement resource with whom the child or young adult is placed through ICPC, or to dismiss dependency proceedings when a child or young adult is placed with a parent through ICPC; and (b) The Oregon ICPC office must notify the receiving state ICPC of case closure using form 100B. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 417.200 – 417.260 & Article V History: CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019
413-040-0400 Policy HIV testing is an intrusive medical procedure which can have serious social consequences. The Department will subject children in its custody to this procedure only if it is medically indicated. When a child in Department custody is tested for HIV, informed consent procedures shall be followed and the results of the test held in strictest confidence. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 5-2003, f. & cert. ef. 1-7-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0420 HIV Antibody Testing (1) For children and youth in Department custody, the HIV antibody test is to be done only to facilitate the medical care of the child if clinically indicated after a thorough medical evaluation by a doctor knowledgeable about HIV infections. The test is not to be used to screen individuals with high risk behaviors or any other groups, nor to satisfy the curiosity of Department staff or contracted providers. (2) Under the direction of a physician, infants born to mothers known to have engaged in high risk behaviors may be tested for HIV. The presence of HIV infection in an infant can be determined only after the mother’s antibodies are gone from the child’s bloodstream. Because maternal antibody crosses the placenta, the presence of HIV infection can only be determined after a series of tests. (3) Victims of sexual abuse who have been exposed to blood or semen may be tested for HIV. If the child can understand, informed consent procedures shall be used (I-B.5.1, 413-040-0430). A physician knowledgeable in HIV care should be consulted immediately for consideration of HIV post-exposure prophylaxis. (4) The Department shall not license any private child-caring agency whose admission criteria include a mandatory HIV test. (5) The Department shall not contract with any service provider whose admission criteria include a mandatory HIV test. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 5-2003, f. & cert. ef. 1-7-03 SOSCF 25-2000, f. & cert. ef. 9-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0440 Counseling A child being referred for HIV antibody testing must be referred for pre-and post-test counseling. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 5-2003, f. & cert. ef. 1-7-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-040-0450 Confidentiality (1) Many Department records are exempt from disclosure and are strictly confidential under the public records exemptions or confidentiality status. All medical records are privileged information. AIDS and/or HIV test results are specifically designated highly confidential by statute (ORS 433.045) and Department Health Administrative Rule (333-012-0270(1)–(9)) and must be held in the most strictly observed confidence possible to avoid consequences of casual or inappropriate disclosure of information. Information regarding a client’s HIV status is to be maintained in a locked file separate from the case. (2) In order to provide services to the child and to administer Department’s child welfare services, Department staff may inform only those directly involved in case planning and who have a need to know, that a child or an adult who has a significant role in the child’s plan, has AIDS or is HIV positive. The identification of who has a need to know in order to adequately meet the needs of the child shall be determined through a staffing which includes the worker, supervisor and Department central office (Personal Care Coordinator) representative, and should include input from the physician, county Health Department who ordered the test, or the HIV Program of the Department’s Health Policy cluster. (3) For children receiving services under a Voluntary Custody Agreement (CF 1005) or a Voluntary Placement Agreement (CF 499), the responsible parent(s) shall always be involved in making medical decisions for the child, and have access to medical information. (4) Each person who subsequently gains access to this information must keep it in strictest confidence (ORS 433.045(3)). The worker shall advise all persons who have access to the medical information of their duty to safeguard the confidential nature of the information. (5) If the Department learns from any source that a child is HIV positive, the above procedures must be followed. (6) Pursuant to Health cluster Rule 333-012-0270, if the Department possesses information that an adult client or other person associated with a case if HIV positive, this does not confer the right to disclose the information, except as permitted by Oregon law. (7) If disclosure of HIV information is deemed necessary for planning in the context of a court hearing, the worker shall not disclose the status in open court without either the written consent of the infected persons or a court order. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 5-2003, f. & cert. ef. 1-7-03 SOSCF 12-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0400 Purpose The purpose of these rules is to describe the special medical services provided by the Department of Human Services (DHS). Statutory/Other Authority: HB 2004 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0405 Definitions (1) "Administrative Exams": DHS uses the DMAP definition for Administrative Medical Examinations and Reports found in OAR 410-120-0000 which is: "Examinations, evaluations, and reports, including copies of medical records, requested on the DMAP 729 form through the local DHS office or requested and/or approved by DMAP to establish client eligibility for a medical assistance program or for casework planning." (2) "Other Medical Expenditure": Any payment to a licensed medical provider for a service provided to a person in the household who is not eligible or potentially eligible for Title XIX or GA (General Assistance), or for a certain service provided to an eligible Title XIX or GA client which is not covered under Administrative Exams using the Medical Service Authorization and Invoice form, CF 501A. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02
413-050-0410 Payment for Medical Services for Administrative Exams and Other Medical (1) Medical expenditures can be authorized from "Administrative Exams" or from "Other Medical." In addition, for cases designated permanent planning, the Adoption Services Unit may authorize payment of certain medical services. See OAR 413-050-0450 below. (2) "Administrative Exams" and "Other Medical" expenditures must be authorized by the local DHS manager or designee prior to the medical service. (Emergency appointments excepted). (3) Payment for "Administrative Exams" and "Other Medical" expenditures will be made only to medical service providers who are both licensed in their state and enrolled with the Division of Medical Assistance Programs (DMAP) for participation in the Medicaid Program (Title XIX). Such providers must have an assigned active provider number from DMAP to receive payment for their services. (See exception procedures for unlicensed or non-registered consultants or trainers in CAF Policy I-C.4.2.1 (6)). (4) Payment for "Administrative Exams" and "Other Medical" expenditures will be at the current published DMAP rate for the procedure code billed. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0420 Administrative Exams Payments "Administrative Exams" are provided to children in DHS's care and custody who are eligible or potentially eligible for Title XIX or GA (General Assistance). "Administrative Exams" are also provided to parents or other adults identified on the Face Sheet in the child’s case record. Parents or adults must be Medicaid or GA eligible and have medical coverage through the Oregon Health Plan on the date of service. Expenditures are federally matchable and will be paid through DMAP. An "Administrative Exam" expenditure includes any payment to a medical provider for a physical examination, psychological/psychiatric evaluation, or copies of medical records in connection with: (1) Protective Service assessments when medical treatment or examination is necessary to evaluate and plan for child safety as per I-B.2.2(6)(a)–(f). "Administrative Exam" payments may be authorized regardless of whether placement is made; or (2) Casework planning for Title XIX or GA eligible children in substitute care; or (3) Evaluation and/or testing for children in their own home to determine if out-of-home placement is an appropriate case plan. "Administrative Exam" payments may be authorized regardless of whether placement is made; (4) Copies of hospital or medical records. (5) Psychiatric or psychological evaluations of parents or other adults identified in the child’s case record. Parents or adults must be Medicaid or GA eligible through the Oregon Health Plan. (6) Urinalysis collection and screening for children and/or parents or other adults identified in the child’s case record. Parents or adults must be Medicaid or GA eligible through the Oregon Health Plan. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0430 Other Medical Payments "Other Medical" payments are not federally matchable and are paid out of General Fund dollars. "Other Medical" is to be used for required medical services for a child in ODHS care and custody by court order or voluntary placement or custody agreement either in or out of substitute care, or parents or other adults identified in the child's case record. "Other Medical" is only to be used if the service is not available through Mental Health or DMAP as a Medicaid covered service. Payments from "Other Medical" may be made in the following situations: (1) Drug and alcohol assessments for persons not eligible for Title XIX or the Oregon Health Plan. (2) A one-time emergency medical need for children in the custody of the Department that have been returned home. This is limited to children of low-income families not eligible for medical services through the Department. (3) Therapy for Children in Substitute Care, if recommended by a licensed psychiatrist or psychologist who evaluated the child, and the type of therapy and/or the therapist recommended is unavailable from the local mental health clinic or through the CCO in which the child is enrolled. The therapist must be enrolled with DMAP or, failing that, there must be a signed contract in place prior to the therapy being provided. Funding availability will be determined by the District Manager or Designee (who may want to consult with the Medical Assistance Resource Coordinator to determine that there are no other resources available for funding). (4) Medical care for children in detention. ORS 418.034 mandates payment of the cost of medical care for the child in detention, including emergency medical care, if the child is in custody of the ODHS. "Medical care" means emergency medical care or medical care for a medical condition that existed prior to the child's being held in a juvenile detention facility or in a local correctional facility or lockup. (5) Evaluations of parents when required by the Department for casework planning to determine the parents' emotional stability, intellectual capacity, parenting capacity or maturity. These may include medical, psychiatric, psychological evaluations or drug and alcohol assessments. This does not include ongoing treatment or services. Payment from "Other Medical" for the above services will not be made for parents in permanent planning cases or for parents who are Medicaid eligible through the Oregon Health Plan (OHP). Evaluations will be reimbursed at the current established DMAP rates. (6) Parent/child and/or sibling interaction evaluations reimbursed at the current established rates. Statutory/Other Authority: ORS 418.005 & 409.050 Statutes/Other Implemented: ORS 418.005 & Title XIX History: CWP 13-2024, amend filed 05/08/2024, effective 05/10/2024 CWP 13-2003, f. & cert. ef. 1-9-03 SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0440 Medical Services “Permanent Planning” In cases designated permanent planning, the Department will make payments for necessary evaluations of parents, stepparents and/or live-in companions. This includes psychological, psychiatric and neurological evaluations, drug and alcohol assessments and parent-child interaction assessments. These services must be authorized in writing by the Adoption Services Unit prior to the services being provided. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title XIX History: CWP 13-2003, f. & cert. ef. 1-9-03 SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0450 Medical Consultation and Training for Staff (1) Consultation and training for DHS staff on health services problems will be paid upon approval of the Assistant Field Administrator or designee. The consultant or trainer is not required to be licensed or registered, nor to have an assigned provider number from DMAP. (2) Payment will be made only where there is a contract which was written and signed prior to the performance of services. (See OAR 413-330-0010.) Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95