justicedao/ipfs_state_laws huggingface dataset:
413-070-0645 Involving the Substitute Caregiver in the Concurrent Permanency Plan The caseworker must: (1) Determine whether the substitute caregiver is willing to continue as the placement resource, has the skills and abilities to meet the need of the child or young adult for safety and well-being, and is willing to work with the Department while the concurrent permanent plan for the child or young adult is implemented by the Department; and (2) Provide the substitute caregiver with the opportunity to have input into a permanency plan. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419B.192 History: CWP 134-2020, amend filed 07/29/2020, effective 08/01/2020 CWP 29-2010, f. & cert. ef. 12-29-10 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 4-2007, f. & cert. ef. 3-20-07
413-070-0655 Purpose The purpose of OAR 413-070-0651 to 413-070-0670 is to describe the responsibilities of the Department to determine the appropriate use of guardianship, as established by the court under ORS chapter 419B, as a permanency plan for a child in the care or custody of the Department.. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15 CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15 CWP 16-2014(Temp), f. & cert. ef. 8-4-14 thru 1-31-15 CWP 11-2014, f. & cert. ef. 6-3-14 CWP 7-2011, f. & cert. ef. 6-28-11 CWP 36-2010(Temp), f. & cert. ef. 12-29-10 thru 6-27-11
413-070-0660 Consideration of Guardianship as a Permanency Plan (1) The Department may consider guardianship as a permanency plan for a child in the care or legal custody of the Department based on the individual safety, permanency, and well-being needs of the child , when the Department has determined: (a) The child is unable to safely return to the home of a parent ; and (b) Adoption is not an appropriate plan based on the best interest of the child . (2) When considering guardianship as the permanency plan , the caseworker must: (a) Consult with the child 14 years of age or older; (b) Seek input from the child as developmentally appropriate, regardless of the age of the child ; (c) Discuss with the child as developmentally appropriate, regardless of the age of the child , how the guardianship could affect the child’s contact with his or her siblings. (d) Assess the parents' acceptance of guardianship as a permanency plan , their desire for continued contact with the child , and how this will impact the plan; and (e) Document in the Department's information system how the requirements of subsections (a), (b), and (c) of this section were met. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & ORS 418.606-418.609 History: CWP 42-2019, minor correction filed 08/09/2019, effective 08/09/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 7-2011, f. & cert. ef. 6-28-11 CWP 36-2010(Temp), f. & cert. ef. 12-29-10 thru 6-27-11
413-070-0670 Approval and Implementation of a Guardianship Permanency Plan (1) Subject to OAR 413-070-0518, when the Department is considering a change in a child's permanency plan, the Department makes the determination pursuant to OAR 413-070-0500 to 413-070-0519, and the child's caseworker schedules a permanency committee. This does not apply to a guardianship under OAR 413-070-0668. (2) The permanency committee must review all of the information presented to the committee and make recommendations to the Child Welfare Program Manager or designee regarding: (a) Whether guardianship is an appropriate permanency plan for the child; and (b) Whether the substitute caregiver can meet the child's needs as described in subsection (3)(c) of this rule and should be considered as a potential guardian. (3) The Child Welfare Program Manager or designee must decide whether guardianship is the appropriate permanency plan for the child based upon: (a) How a permanency plan of guardianship meets the child's needs, and the requirements of OAR 413-070-0660(1) and (2) and OAR 413-070-0665(2) and (3); (b) Whether the Department has provided the child and the child's parents an opportunity to identify available permanency; and (c) Whether the substitute caregiver being considered as the potential guardian is able to meet the child's needs pursuant to OAR 413-070-0640. (4) Following the Child Welfare Program Manager or designee decision to approve guardianship as a permanency plan, the caseworker must: (a) Request a permanency hearing before the court within 30 days of the decision. (b) Prior to the court hearing, provide the court with supporting written documentation regarding the Department's position that: (A) Guardianship is in the child's best interest; and (B) Neither placement with parents nor adoption is an appropriate plan. (5) At the court hearing, the caseworker must: (a) Recommend that the court approve changing the child's permanency plan to guardianship; (b) Inform the court whether or not the potential guardian is applying for guardianship assistance; and (c) When guardianship assistance is being requested, inform the court that after the Department has negotiated the amount or type of guardianship assistance with the potential guardian, a subsequent court hearing will be requested to allow the order of guardianship to be entered. (6) Prior to the court hearing to request the final order of guardianship, the Department must document in the case record that the caseworker, supervising worker, if any, and the certifier for the potential guardian recommends the finalization of the guardianship. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 134-2020, amend filed 07/29/2020, effective 08/01/2020 CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17 CWP 13-2016, f. & cert. ef. 8-1-16 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 7-2011, f. & cert. ef. 6-28-11 CWP 36-2010(Temp), f. & cert. ef. 12-29-10 thru 6-27-11
413-070-0800 Purpose The purpose of OAR 413-070-0800 to 413-070-0880 is to describe the Department's responsibilities in arranging frequent contact between the child or young adult in substitute care and parents or guardians of the child or young adult, siblings, and other people with whom the child or young adult has a significant connection. In all cases, the contact is intended to: (1) Be in the best interests of the child or young adult; maintain, enhance or develop attachment with the family of the child or young adult, including siblings; and continue relationships with significant others, including siblings; (2) Reduce the trauma to the child or young adult associated with separation from primary attachment figures; (3) Ensure that the safety and well-being of the child or young adult are the top priorities in developing a visit and contact plan; and (4) Comply with federal laws protecting the rights of individuals with disabilities. Statutory/Other Authority: ORS 418.005, ORS 409.050, 45 CFR § 84.60, 45 CFR § 84.68(b)(7), 45 CFR 84.81, 28 CFR 35.130(b)(7) & 28 CFR 35.164 Statutes/Other Implemented: ORS 418.005, ADA Subchapter II, 42 USC §§ 12131 – 12134, Section 504 of the Rehabilitation Act & 29 USC § 794 History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0830 Visitation Rights (1) The child or young adult, a parent or guardian, and each sibling have the right to visit one another while the child or young adult is in substitute care. The child or young adult, the parent or guardian, and each sibling have the right to visit as often as reasonably necessary to maintain and enhance their attachment to one another. The Department will make reasonable modifications and will provide auxiliary aids or services to individuals with disabilities as needed to facilitate visitation, unless doing so will fundamentally alter the nature of visitation or create an undue administrative or financial burden. (2) The Department will prohibit or cancel visits, unless otherwise ordered by the court, when: (a) There is reason to believe acts or omissions of a parent or guardian would result in child abuse during the visit; (b) The safety of the child or young adult cannot be managed by supervision; (c) The visit does not meet the best interests of the child or young adult; or (d) A court order prohibits visits. (3) When Department resources alone cannot meet the visit and contact needs of the parent and child or young adult, the caseworker must solicit help from family and community resources. (4) If a parent or guardian objects to the contact and visit requirements and limitations that the Department imposes, the parent or guardian may speak with the caseworker or caseworker’s supervisor, request a Family Decision Meeting or seek juvenile court review of the requirements and limitations. (5) If a child or young adult in the legal custody of the Department objects to the contact and visit requirements and limitations the Department imposes, the child or young adult may speak with the caseworker or caseworker’s supervisor, request a Family Decision Meeting or seek juvenile court review of the requirements and limitations. Statutory/Other Authority: ORS 418.005, ORS 409.050, 45 CFR § 84.60, 45 CFR § 84.68(b)(7), 45 CFR 84.81, 28 CFR 35.130(b)(7) & 28 CFR 35.164 Statutes/Other Implemented: ORS 418.005, ADA Subchapter II, 42 USC §§ 12131 – 12134, Section 504 of the Rehabilitation Act & 29 USC § 794 History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0840 Orientation Activities Prior to the first contact and after each revision of the visit and contact plan developed under OAR 413-070-0860 , the Department must explain the following to the family, substitute caregiver, and the child or young adult, unless it is not appropriate to do so, based on the age and developmental level of the child or young adult: (1) The rights and expectations regarding child-family contact and sibling visitation and contact, including its importance to the child or young adult; (2) The reason for the level of supervision during visits; and (3) The availability of reasonable modifications and auxiliary aids or services to facilitate visitation. Statutory/Other Authority: ORS 418.005, 45 CFR § 84.60, 45 CFR § 84.68(b)(7), 45 CFR 84.81, 28 CFR 35.130(b)(7) & 28 CFR 35.164 Statutes/Other Implemented: ORS 418.005, ORS 418.606-418.609, ADA Subchapter II, 42 USC §§ 12131 – 12134, Section 504 of the Rehabilitation Act & 29 USC § 794 History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 43-2019, minor correction filed 08/09/2019, effective 08/09/2019 CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0855 Determining Priority in Visit and Contact Plans (1) Unless the court has entered an order regarding visitation by the parents, guardians, siblings, or grandparents of the child or young adult, the caseworker determines a hierarchy of the attachments of the child or young adult and prioritizes visits with the parents or guardians and siblings. The caseworker may consider, in consultation with the caregiver, the preferences expressed by the child or young adult. (2) When the permanency plan is reunification with a parent or guardian, the priority of the caseworker is to provide visits with parents or guardians, siblings, and each intervenor granted visitation by the court. (3) When the permanency plan is a plan other than reunification with the parents or guardians, the visitation priority of the caseworker is to preserve attachment to parents or guardians and siblings and promote attachment of the child or young adult to the permanent placement resource. (4) When appropriate, the caseworker may establish visits between the child or young adult and extended family members. (5) When appropriate, the caseworker may establish visits between the child or young adult and non-related persons with whom the child or young adult has a significant attachment. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & ORS 419B.876 History: CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0870 Supervision of Visits (1) If supervision of visits is necessary to protect the child or young adult from harm, manage child or young adult safety, or provide therapeutic intervention, the visit and contact plan must state the reason for the supervision. (2) When delegating supervision to a person who is not an employee of the Department (safety service provider), the Department will ensure that the person supervising the visit receives a copy of the visit and contact plan, understands the dynamics of the individual family, the purpose of supervision, the specific circumstances that require supervision, the documentation requirements (OAR 413-070-0880), and is willing and able to comply with the safety plan and visit and contact plan. (3) When delegating supervision to other Department staff, the caseworker will ensure the Department employee who supervises the visit receives a copy of the visit and contact plan, understands the dynamics of the individual family, the purpose of supervision, the specific circumstances that require the supervision, documentation requirements (OAR 413-070-0880), and is willing and able to comply with the safety plan and visit and contact plan. (4) The caseworker must inform the parents or guardians and the child or young adult of the reason for the supervision of the visits or contact, and as resources allow, all supervision should be culturally relevant and language appropriate. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0880 Documentation of Contact (1) When Department staff supervise a visit, the following information must be documented in the Department’s electronic information system: (a) The date, location, and length of the visit; (b) Who attended the visit; (c) Activities that occurred during the visit; (d) The impact of the visit on the child or young adult; (e) Any missed visit and the reasons for the missed visit; and (f) Any interrupted visits or visits that needed to be ended and reasons for these actions. (g) Any requests for reasonable modifications, auxiliary aids or services due to a disability. (2) When the caseworker arranges supervision by a person other than Department staff, the caseworker must require that the person supervising the visit provides complete written documentation of the visit, as required by section (1) of this rule, to the caseworker within seven days of each visit. This documentation must be captured in the Department’s electronic information system. (3) When the child or young adult is in the legal custody or guardianship of the Department, the caseworker must report to the court the location and date of the child or young adult's visits with his or her parents or siblings. The caseworker must also report on whether the frequency is in the best interest of the child or young adult. (4) When other types of contact in addition to face-to-face visits are included in the visit and contact plan, the caseworker must request regular feedback from the participants regarding the impact of the contact on the child or young adult. Statutory/Other Authority: ORS 418.005, 45 CFR § 84.60, 45 CFR § 84.68(b)(7), 45 CFR 84.81, 28 CFR 35.130(b)(7) & 28 CFR 35.164 Statutes/Other Implemented: ORS 418.005, ORS 419B.337, ORS 419B.440, ORS 419B.449, ADA Subchapter II, 42 USC §§ 12131 – 12134, Section 504 of the Rehabilitation Act & 29 USC § 794 History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 17-2019, amend filed 03/05/2019, effective 03/05/2019 CWP 122-2018, temporary amend filed 12/10/2018, effective 12/10/2018 through 06/07/2019 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 27-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 16-2000, f. & cert. ef. 7-17-00
413-070-0900 Purpose (1) The purpose of OAR 413-070-0900 to 413-070-0974 is to describe Department criteria for eligibility and receipt of guardianship assistance for: (a) A child in the care or custody of the Department or a participating tribe; (b) A young adult on whose behalf an initial guardianship assistance agreement was entered into when the young adult was a child of age 16 or 17; (c) A young adult who qualifies for disability services and on whose behalf an initial guardianship assistance agreement was entered into when the young adult was a child; (d) A subsequent legal guardianship of a child in the care of a successor legal guardian as described in OAR 413-070-0925; or (e) A child whose eligibility was determined by the Director of the Department pursuant to OAR 413-070-0917(5). (2) Guardianship assistance for a child or young adult placed for guardianship in Oregon by a public child welfare agency other than the Department is not the responsibility of the state of Oregon. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 411.141 & 418.005 History: 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 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 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
413-070-0905 Funding of Guardianship Assistance (1) When grandparents or other approved relatives make a permanent commitment to and assume legal guardianship of a child for whom they have cared as a substitute caregiver, the Department provides guardianship assistance as described in OAR 413-070-0900 to 413-070-0974. (2) Guardianship assistance for Title IV-E children and young adults is funded in part with Title IV-E funds as authorized by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). (3) A child who is ineligible for Title IV-E funded guardianship assistance may be eligible for state-funded guardianship assistance as described in OAR 413-070-0917(3). (4) State-funded guardianship assistance is subject to the availability of funds. When all available state funds are obligated, the Department will continue to: (a) Accept new applications; (b) Accept requests to adjust a guardianship assistance payment; and (c) Establish a waiting list. (5) When state funds are unavailable and a new guardianship assistance application is received, the guardian may sign a guardianship assistance agreement only to prevent delay in finalizing the guardianship, with the understanding that guardianship assistance may be available at a later date. 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 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15 CWP 7-2015(Temp), f. 1-30-15, cert. ef. 2-1-15 thru 7-19-15 CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15 CWP 4-2015(Temp), f. & cert. ef. 1-21-15 thru 7-19-15 CWP 16-2014(Temp), f. & cert. ef. 8-4-14 thru 1-31-15 CWP 11-2014, f. & cert. ef. 6-3-14 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 CWP 14-2003, f. & cert. ef. 1-9-03 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
413-070-0919 Eligibility for a Child or Young Adult in the Care or Custody of a Participating Tribe (1) In addition to guardianship assistance program criteria in OAR 413-070-0900 to 413-070-0974, the following requirements apply to a child in the care or custody of a participating tribe: (a) The child must be placed in a foster home approved by the participating tribe that meets the certification and licensing standards of the participating tribe; and (b) The participating tribe must document how continued placement with the potential guardian is in the best interests of the child and meets the safety and permanency needs of the child. (2) The participating tribe must: (a) Conduct and prepare a written home study of the guardian; (b) Have a current Title IV-E agreement with the Department which includes participation in the guardianship assistance program; (c) Notify the Adoption Assistance and Guardianship Assistance Unit within 30 calendar days after reestablishing custody of a child or young adult in a guardianship placement established under OAR 413-070-0900 to 413-070-0974; and (d) Provide the Adoption Assistance and Guardianship Assistance Unit with a copy of the court order terminating the guardianship within 30 calendar days of the termination, when applicable. Statutory/Other Authority: ORS 411.141 & 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 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