justicedao/ipfs_state_laws huggingface dataset:
413-017-0045 Purpose of a Critical Incident Review Team (1) The purpose of assigning a CIRT is to increase child safety by: (a) Rapidly drawing lessons from a critical incident to improve systems administered by the Department; (b) Increasing the Department’s accountability to the public; (c) Evaluating and learning from cases designated as critical incidents ; (d) Ensuring timely responses by the Department with respect to a critical incident and recommendations that result from the critical incident reviews; (e) Increasing the Department’s ability to address and recommend necessary changes to systems. (2) Reviews conducted as provided in these rules are in addition to and separate from reviews conducted by a county Multi-Disciplinary Team pursuant to ORS 418.747, a State Fatality Review Team pursuant to ORS 418.748 , or activities related to documented Department processes for notification and review of child fatalities. Statutory/Other Authority: ORS 418.005 & ORS 419.024 Statutes/Other Implemented: ORS 418.005 & ORS 419.024 History: CWP 47-2019, adopt filed 09/27/2019, effective 10/01/2019
413-017-0050 Definitions Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 017. (1) "Child" means child as defined in OAR 413-015-0115. (2) “Abuse” means abuse as defined in OAR 413-015-0115 of a child . (3) "Child protective services assessment" means CPS assessment as defined in OAR 4130-15-0115. (4) "Critical incident" means an incident that resulted in the death of a child if the Department reasonably believes the death was the result of child abuse and: (a) The deceased child was in the custody of the Department at the time of the fatality; or (b) The deceased child , the deceased child’s sibling , or any other child living in the household with the deceased child was the subject of a CPS assessment by the Department within the 12 months preceding the fatality; or (c) The child , the child’s sibling , or any other child living in the household with the child had a pending child welfare or adoption case with the Department within the 12 months preceding the fatality; or (d) The deceased child , the deceased child’s sibling , or any other child living in the household with the deceased child was the subject of a report of abuse made to the Department or a law enforcement agency within the 12 months preceding the fatality, whether the report of abuse was closed at screening or assigned for CPS assessment . (5) "Critical Incident Review Team (CIRT)" means a designated committee, assigned by the Department director, to conduct an executive review of a critical incident . (6) "Custody" means legal custody as described in ORS 419B.373 . (7) "Department" means the Oregon Department of Human Services. (8) “Designated Medical Professional” means Designated Medical Professional as defined in OAR 413-015-0115. (9) “Indian Tribe” means Indian Tribe as defined in OAR 415-115-0000. (10) "Sibling" means sibling as defined in OAR 413-030-0000. Statutory/Other Authority: ORS 418.005 & ORS 419B.024 Statutes/Other Implemented: ORS 418.005 & ORS 419B.024 History: CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019 CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018 CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18
413-017-0080 CIRT Functioning Functioning. (1) CIRT members must: (a) Review all information and records available to the Department regarding the critical incident . (b) Maintain the confidentiality of information and records provided by the Department and only disclose the information or record as may be necessary to carry out the purposes of a CIRT’s case review. (c) Attend CIRT meetings in person, telephonically, or by other two-way electronic communication. (d) Not designate an individual to appear for a meeting on a member’s behalf. (e) Conduct a case review and investigation focusing primarily on the history of the safety and well being of the child who was involved in the incident that led to the fatality and any other children who may be impacted by the circumstances surrounding the incident; (f) Document and make a part of the record of the case review all the team conclusions and decisions. (2) A CIRT may: (a) Meet when one or more members are absent. (b) During its review, include or consult with the District Attorney from the county in which the critical incident occurred pursuant to ORS 419B.024 as amended by Oregon Laws 2017, chapter 469. (c) After submission of the final report and upon conclusion of any criminal investigation or prosecution arising out of the critical incident , meet with members of law enforcement that investigated the child fatality or with the prosecuting attorneys who prosecuted the case, to review the conclusions and recommendations of a CIRT and the submitted reports. Statutory/Other Authority: ORS 418.005 & ORS 419B.024 Statutes/Other Implemented: ORS 418.005 & ORS 419B.024 History: CWP 47-2019, amend filed 09/27/2019, effective 10/01/2019 CWP 18-2018, adopt filed 03/06/2018, effective 03/06/2018 CWP 12-2017(Temp), f. & cert. ef. 9-8-17 thru 3-6-18
413-017-0095 Discretionary Review When a CIRT is not required under OAR 413-017-0060 and ORS 419B.024, and the Department has received a report of abuse that has resulted in a child fatality or serious physical injury of a child , the Department director or designee has the discretion to order an internal review of the incident. Statutory/Other Authority: ORS 418.005 & ORS 419B.024 Statutes/Other Implemented: ORS 418.005 & ORS 419B.024 History: CWP 47-2018, adopt filed 06/19/2018, effective 06/19/2018 CWP 19-2018, temporary adopt filed 03/06/2018, effective 03/06/2018 through 09/01/2018
413-020-0005 Purpose The purpose of OAR 413-020-0005 to 413-020-0050 is to describe: (1) The circumstances in which parents, guardians, or Indian custodians and the Department may enter into a Voluntary Custody Agreement concerning a child who is in the legal custody of the parents or guardians; and (2) The responsibilities of the parents, guardians, or Indian custodians and the Department in connection with these agreements. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.056, 418.015, 418.270, 418.275, 418.280 & 418.285 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 2-2003, f. & cert. ef. 1-7-03 SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02
413-020-0010 Voluntary Custody Agreement (1) Under a Voluntary Custody Agreement , the parent, guardian, or Indian custodian gives the Department the legal custody of the child . The Department assumes all parental and legal responsibilities that the agreement does not specifically reserve to the parents, guardians, or Indian custodian as permitted under ORS 418.015 and becomes the child’s legal custodian . (2) It is appropriate for the Department to place a child in substitute care and provide services if all of the following subsections apply: (a) The parent, guardian or Indian custodian requests the Department take custody of the child . (b) The parent, guardian or Indian custodian is immediately and temporarily unable to fulfill his or her parental responsibilities. (c) This inability will be alleviated with short-term placement when one of the following conditions exists (A) The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult who is well known to the child . (B) 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. (C) The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration in conjunction with intensive services is likely to reunite the family and reduce safety concerns. (3) If the Department knows or has reason to know the child is an Indian child , who is an enrolled member of or may be eligible for membership in a Tribal Nation, the Department must refer to and comply with. OAR chapter 413 division 115. (4) A Child Welfare Program Manager must approve entering into a Voluntary Custody Agreement . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.056, ORS 418.015, ORS 418.270, ORS 418.275, ORS 418.280 & ORS 418.285 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 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 4-2007, f. & cert. ef. 3-20-07 CWP 2-2003, f. & cert. ef. 1-7-03 SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0020 Legal Consent (1) Only a parent , guardian, or Indian custodian who has legal custody of the child may enter into a Voluntary Custody Agreement (CF 1005). (2) All persons who have legal custody of the child must sign the agreement unless one person with legal custody of the child is missing. (3) If one person with legal custody of the child is missing, all other persons with legal custody of the child must sign the agreement and must provide the Department the persons and places likely to have knowledge of the missing whereabouts. The Department must immediately begin a reasonably diligent search to find the other person with legal custody of the child to provide them notice of the agreement. (4) The parent , guardian, or Indian custodian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs. (5) If the Department knows or has reason to know the child is an Indian child , the caseworker must refer to and comply with OAR chapter 413 division 115 and each parent or Indian custodian who has legal custody must sign the Voluntary Custody Agreement in a hearing before a judge of a court with appropriate jurisdiction. The child must be more than 10 days old. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 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 19-2015, f. & cert. ef. 10-1-15 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 2-2003, f. & cert. ef. 1-7-03 SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0025 Developing the Family Support Services Case Plan when a Parent, Legal Guardian, or Indian Custodian Enters into a Voluntary Custody Agreement with Child Welfare (1) The caseworker must develop a family support services case plan as described in OAR 413-030-0016 with the parent, guardian, or Indian custodian who signs a Voluntary Custody Agreement . (2) The caseworker must develop a visit and contact plan as described in OAR 413-070-0800 to 413-070-0880. (3) The parent, guardian, or Indian custodian must agree to: (a) Full and ongoing cooperation in developing the family support services case plan as described in OAR 413-030-0006(2)(a)-(c) and making decisions for the child based on the identified needs; (b) Visit and financially support the child to the fullest extent possible; and (c) Work cooperatively with the Department . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 4-2007, f. & cert. ef. 3-20-07
413-020-0040 Required Reviews Federal and state law, including the Adoptions and Safe Families Act (Pub. L. 105-89), require review of the cases of all children placed in substitute care . The child placed by the Department with a Voluntary Custody Agreement will be scheduled for Citizen Review Board and court reviews pursuant to OAR 413-040-0100 to 413-040-0170. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 2-2003, f. & cert. ef. 1-7-03 SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0045 Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age (1) The Department determines that the child will need placement services after reaching 18 years of age and continues a Voluntary Custody Agreement after the child reaches 18 years per ORS 418.027(5) if: (a) One of the conditions in OAR 413-020-0010(2)(a)-(c), which led the Department to assume voluntary custody of the child , continues at the time of the child’s 18th birthday; (b) The young adult agrees to the Department ’s continued assumption of all parental and legal responsibilities that the Voluntary Custody Agreement does not specifically reserve to the parent, guardian, or Indian custodian ; (c) The District Manager approves the continuation of the Voluntary Custody Agreement . (2) The court must determine continued custody is in the best interests of the young adult and approve the continuation of the Voluntary Custody Agreement every 180 days. Statutory/Other Authority: ORS 418.005, 418.027 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 & 418.027 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 4-2007, f. & cert. ef. 3-20-07
413-020-0050 Termination of Voluntary Custody Agreement (1) Either the Department or a parent, guardian, or Indian custodian who signed the agreement may terminate the agreement by providing 48 hours written notice. If an agreement continues after the child reaches 18 years of age, a young adult may terminate the agreement by providing 48 hours written notice. (2) If a parent, guardian, or Indian custodian requests the termination of the Voluntary Custody Agreement and there is reason to believe the child will be unsafe if returned to the home of the parent, guardian, or Indian Custodian , the caseworker must report the information to a CPS screener. (3) If the withdrawal of consent is by a parent, guardian, or Indian Custodian concerning a child who is an Indian child under the Indian Child Welfare Act, who is in substitute care and the subject of a " Voluntary Custody Agreement " with the Department , the following applies: (a) The parent, guardian , or Indian custodian may withdraw consent orally or in writing at any time; (b) An Indian child shall immediately be released to the parent, guardian, or Indian custodian upon withdrawal of a voluntary consent; and (c) Notification to the court, and other actions are required when return of an Indian child to the parent, guardian, or Indian custodian would place the child in imminent danger or harm. Statutory/Other Authority: ORS 418.005, ORS 418.027 & ORS 409.050 Statutes/Other Implemented: ORS 418.027 & ORS 418.015 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 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 4-2007, f. & cert. ef. 3-20-07 CWP 2-2003, f. & cert. ef. 1-7-03 SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0060 Purpose These rules, OAR 413-020-0060 to 413-020-0090, describe: (1) The circumstances in which a voluntary placement agreement can be requested for placement of a child or young adult: (2) The responsibilities of the parents, guardians, Indian Custodian , or young adult and the Department in connection with these agreements. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 & 418.312 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 4-2007, f. & cert. ef. 3-20-07
413-020-0075 Legal Consent (1) Only a parent, guardian, or Indian custodian who has legal custody of the child or a young adult on their own behalf may enter into a Voluntary Placement Agreement. (2) Persons who must sign the applicable Voluntary Placement Agreement (CF499 or CF 499a) , include: (a) All persons who have legal custody of the child unless one person with legal custody of the child is missing; or (b) The young adult on their own behalf. (3) If one person with legal custody of the child is missing, all other persons with legal custody of the child must sign the agreement and must provide the Department the persons and places likely to have knowledge of the missing person's whereabouts. The Department must immediately begin a reasonably diligent search to find the other person with legal custody of the child to provide them notice of the agreement. (4) If the Department knows or has reason to know the child is an Indian child , who is an enrolled member of or may be eligible for membership in a Tribal Nation, the Department must refer to and comply with OAR chapter 413 division 115. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 & ORS 418.312 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 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 19-2015, f. & cert. ef. 10-1-15 CWP 4-2007, f. & cert. ef. 3-20-07
413-020-0085 Required Reviews Federal and state law, including the Adoptions and Safe Families Act (Pub. L. 105-89), require review of the cases of all children and young adults in substitute care . The child or young adult placed through the Department by a Voluntary Placement Agreement will be scheduled for Citizen Review Board and court reviews pursuant to OAR 413-040-0100 to 413-040-0170. Under state law: (1) When the child or young adult remains in voluntary placement for more than 180 days, the juvenile court must make a determination within the first 180 days of the placement that the placement is in the best interests of the child or young adult . (2) The juvenile court must hold a permanency hearing as provided in ORS 419B.476 to determine the future status of the child or young adult no later than 14 months after the child or young adult ’s original voluntary placement and not less frequently than once every 12 months thereafter during the continuation of the child or young adult ’s original voluntary placement. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015 & 418.312 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 4-2007, f. & cert. ef. 3-20-07
413-020-0090 Termination of Voluntary Placement Agreement (1) Either the Department or a parent, guardian, Indian custodian or young adult who signed the applicable Voluntary Placement Agreement may terminate the agreement by providing 48 hours written notice. If applicable, the child support agreement may be terminated at the same time by sending a copy of the written termination notice to the Children’s Benefits Unit of the Department . (2) If the parent, guardian, or Indian custodian requests the termination of the Voluntary Placement Agreement for a Child and there is reason to believe the child is unsafe, the caseworker must report the information to a CPS screener. (3) OAR 413-115-0100(6) governs the withdrawal of consent by a parent, guardian, or Indian custodian concerning an Indian child who is in substitute care and the subject of a Voluntary Placement Agreement for a Child with the Department . (4) A Voluntary Placement Agreement for a Child signed by a parent, guardian, or Indian custodian ends when the child reaches 18 years of age but a young adult can enter into a new Voluntary Placement Agreement for a Young Adult if the criteria in OAR 413-020-0070(2) are met. (5) A Voluntary Placement Agreement for a Young Adult signed by a young adult ends when the young adult reaches 21 years of age or due to the young adult’s noncompliance with program conditions. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.015, ORS 418.312 & ORS 419C.080 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 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 4-2007, f. & cert. ef. 3-20-07
413-020-0100 Purpose The purpose of OAR 413-020-0100 through 413-020-0170 is to: (1) Define the Department’s authority as guardian and legal custodian of children in its care or in the care of its agents; (2) Specify how that authority will be exercised by the Department and its agents; and (3) Specify requirements to be met when this authority is exercised. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.640 & 418.312 History: CWP 12-2003, f. & cert. ef. 1-9-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-020-0120 Responsibility of Staff to Secure a Legal Consent When the legal consent is needed from a young adult or the parent , guardian, or Indian custodian for a child in the care and custody of the Department , the caseworker shall secure the consent of the person authorized to approve the proposed service or activity. Relevant information shall be provided to the authorized person to assure the Department ’s authority to consent, the need for and advisability of the service or activity and, when feasible, the concurrence of parents, guardian, or Indian custodian and physical custodians. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.640 & 418.312 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
413-020-0130 Department Authority in Voluntary Placement and Voluntary Custody Agreements (1) When a parent, guardian, or Indian custodian of a child authorizes a voluntary placement with the Department , the parent, guardian, or Indian custodian remains guardian of the child and retains legal authority, and is obligated to continue to exercise and perform all parental duties and legal responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Child ( CF 499 ) . (2) When a young adult authorizes voluntary placement of themselves through the Department , the young adult retains legal authorities and responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Young Adult ( CF499A). (3) In the event the parent, guardian, or Indian custodian is unavailable or unwilling to fulfill the responsibilities of a guardian , the Department will petition the Juvenile Court and request authority to provide essential services to the child . (4) When a child is in the voluntary custody of the Department , the Department or the physical custodian exercises the authority of a legal custodian as assigned in the CF 1005 Voluntary Custody Agreement . (5) Voluntary custody agreements are covered in OAR 413-020-0005 to 413-020-0050 and voluntary placement agreements are covered in OAR 413-020-0060 to 413-020-0090. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.640 & 418.312 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