justicedao/ipfs_state_laws huggingface dataset:
413-080-0052 Responding to a Concern in a Child-Caring Agency or Proctor Foster Home When Department staff become aware of a concern involving a child-caring agency or proctor foster home , staff must immediately: (1) Report to Department personnel assigned to ensure notifications outlined in OAR 413-215-0136 using DHS Form 1303. This does not include allegations of abuse as defined in ORS 419B.005 or ORS 418.205, 418.260, which are reported to a Department screener; (2) Document the date the report was made and the method for making the report in the Department's electronic information system's case notes when possible; and (3) Make efforts to address the concern for the child or young adult. Statutory/Other Authority: ORS 418.005 & ORS 418.205 - 418.327 Statutes/Other Implemented: ORS 418.005 & ORS 418.205 - 418.327 History: CWP 118-2020, minor correction filed 02/27/2020, effective 02/27/2020 CWP 53-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 29-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 4-2007, f. & cert. ef. 3-20-07
413-080-0053 When a Child or Young Adult in Substitute Care Is Missing (1) When a caseworker receives information that a child or young adult in substitute care is missing, the caseworker must: (a) Make immediate efforts to locate the child or young adult ; (b) Ensure law enforcement agencies and the National Center for Missing and Exploited Children (NCMEC) are notified immediately and in no case later than 24 hours after receiving information on the missing child or young adult , and must include, where reasonably possible: (A) A photo of the missing or abducted child or young adult ; (B) A description of the child's or young adult's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and (C) Endangerment information, such as the child's or young adult’s pregnancy status, prescription medications, suicidal tendencies, vulnerability to sex trafficking , and other health or risk factors. (c) Maintain regular communication with law enforcement agencies and NCMEC about recovery efforts. (d) As soon as practicable, ensure the court and legal parties to the case are notified, unless notification may jeopardize the safety of the child or young adult or interfere with an investigation. (2) When a child or young adult missing from substitute care is located, the caseworker must: (a) Determine and, to the extent possible, address the primary factors that contributed to the missing status of the child or young adult ; (b) Determine the child or young adult ’s experiences while missing; (c) Determine if the child or young adult is a sex trafficking victim or at risk of being a sex trafficking victim; (d) Inform law enforcement agencies and NCMEC of the recovery and circumstances related to the recovery; and (e) Ensure the court and legal parties to the case are notified that the child or young adult has been located. (3) Documentation. (a) When a child or young adult in substitute care is missing, the caseworker must document the following in the Department’s electronic information system: (A) Efforts made to locate the missing child or young adult ; and (B) The notifications in subsection (b) of section (1) of this rule. (b) When a missing child or young adult is located, the caseworker must document the following in the Department’s electronic information system: (A) The determinations and notifications made in subsections (a) to (d) of section (2) of this rule; and (B) Any actions taken to address the primary factors that contributed to the missing status of the child or young adult . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 84-2023, amend filed 10/23/2023, effective 11/01/2023 CWP 72-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023 CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17 CWP 20-2016(Temp), f. & cert. ef. 11-1-16 thru 4-29-17 CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16 CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
413-080-0059 Monitoring the Out-of-Home Ongoing Safety Plan (1) To manage an out-of-home ongoing safety plan, the caseworker must have monthly contact with the following individuals: (a) Face-to-face contact with the child or young adult, or review the documentation of the contact made by Department staff under OAR 413-080-0054(1); (b) Face-to-face contact with the child's parents or guardians, except as provided in OAR 413-080-0054(2); and (c) Contact with each safety service provider. (2) The caseworker must determine whether the child or young adult is safe. (3) The caseworker must determine whether: (a) Behaviors, conditions, or circumstances within the family require an increase in the level of safety intervention; (b) Conditions for return have been achieved and an in-home ongoing safety plan can assure the safety of the child; and if so, must develop an in-home ongoing safety plan under the criteria set forth in OAR 413-015-0450; or (c) The ongoing safety plan is keeping the child or young adult safe and provides the appropriate level of safety intervention. (4) If the caseworker determines the out-of-home ongoing safety plan must still be in place but level of intervention of the out-of home ongoing safety plan must be revised, the caseworker must: (a) Reduce the level of intervention whenever -- (A) The improved protective capacity of the parent or guardian is sufficient to impact his or her ability to control the impending danger safety threats as they are occurring within the family; and (B) An impending danger safety threat can be managed with less intrusive actions or services. (b) Increase the level of intervention whenever an identified impending danger safety threat cannot be managed with the current ongoing safety plan. (5) The revised ongoing safety plan must: (a) Comply with the criteria of OAR 413-015-0450; and (b) Be approved by the caseworker's supervisor. (6) Department staff must document in the Department's information system: (a) How the ongoing safety plan continues to manage the impending danger safety threats as they are occurring within the family, or any revised ongoing safety plan and the facts supporting that revision; and (b) Any protective action plan if required to assure the safety of the child or young adult. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 18-2007, f. & cert. ef. 11-1-07 CWP 10-2007(Temp), f. 5-14-07, cert. ef. 5-15-07 thru 11-9-07 CWP 4-2007, f. & cert. ef. 3-20-07
413-080-0062 Sex Trafficking Victim Identification When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the caseworker must determine whether a child or young adult is, or is at risk of being, a victim of sex trafficking. (1) If a determination is made that a child or young adult is a victim of sex trafficking the caseworker must: (a) Report to a screener the identification of a child or a young adult as a sex trafficking victim; (b) Ensure law enforcement and the National Center for Missing and Exploited Children are notified immediately and in no case later than 24 hours after determination that the child or young adult is a sex trafficking victim; (c) Identify and refer to appropriate services; and (d) Document the child or young adult is a sex trafficking victim in the Department’s Electronic Information System. (2) If a determination is made that a child or young adult is at risk of being a victim of sex trafficking the caseworker must identify and refer to appropriate services. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 24-2016, f. 12-23-16, cert. ef. 1-1-17 CWP 20-2016(Temp), f. & cert. ef. 11-1-16 thru 4-29-17 CWP 17-2016, f. & cert. ef. 9-29-16
413-080-0065 Substance Affected Infant When a child on an open case is identified as a substance affected infant , the caseworker must: (1) Ensure a plan of care is developed; (2) Ensure the substance affected infant and family are referred to services identified in the plan of care ; and (3) Document the plan of care and referrals made in the Department’s electronic information system. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 42 U.S.C. 67 History: CWP 53-2018, adopt filed 06/29/2018, effective 06/29/2018 CWP 27-2018, temporary adopt filed 04/05/2018, effective 04/05/2018 through 06/29/2018
413-080-0067 Contact Requirements and Exceptions; Required Face-to-Face Contact (1) The Department may make scheduled or unscheduled face-to-face contacts with the child or young adult, parent, guardian, certified family, or provider. (2) The caseworker's supervisor may approve Department staff as described in OAR 413-080-0054(1) to make the face-to-face contact required by these rules (OAR 413-080-0040 to 413-080-0067) when a caseworker's schedule or special circumstances prevent the caseworker from making the face-to-face contact. (a) Prior to conducting the required face-to-face contact, Department staff must have information regarding the case plan, the ongoing safety plan, the parents or guardians, and the child or young adult, including any special needs of the child or young adult. (b) The Department staff person making the face-to-face contact is responsible for monitoring the safety of the child or young adult. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 19-2008, f. & cert. ef. 8-1-08 Renumbered from 413-080-0060, CWP 4-2007, f. & cert. ef. 3-20-07 CWP 15-2004, f. & cert. ef. 8-25-04 CWP 3-2004(Temp), f. & cert. ef. 3-1-04 thru 8-27-04
413-090-0005 Purpose The purpose of OAR 413-090-0005 to 413-090-0050 is to describe the responsibilities of the Department for payment of the following costs on behalf of a child or young adult. (1) A foster care maintenance payment to a Resource Parent or Relative Resource Parent ; (2) An independent living housing subsidy to an eligible child or young adult who is in the legal custody of the Department, living independently; and (3) A Chafee housing payment to an eligible individual. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 94-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 13-2015, f. & cert. ef. 8-4-15 CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 12-2011(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 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 CWP 9-2003, f. & cert. ef. 1-7-03 SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99
413-090-0021 Periodic Review of Eligibility for Level of Care Payments (1) When the Department conducts a CANS screening for a child or young adult in substitute care under subsection (1)(b) of OAR 413-020-0230 and the results indicate the child or young adult's level of care has changed, the Department adjusts the child or young adult's level of care payment as follows: (a) When a level of care payment increases, change in payment begins the first day of the month in which the increased level of care payment was approved. (b) When a level of care payment decreases, change in payment begins the first day of the month following the month in which the decreased level of care payment was approved unless continuing benefits have been requested through a request for a contested case hearing. (2) When the Department determines, denies, adjusts, or terminates a level of care payment to a child or young adult living with a certified family, the Department follows OAR 413-010-0500 to 413-010-0535. (3) A CANS screening may be conducted for a child or young adult living with a potential guardian, a guardian, a pre-adoptive family, or an adoptive family when a referral is received pursuant to OAR 413-020-0230(3). Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 12-2011(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
413-090-0030 Payment for Temporary Absences from Family Foster Care (1) The Department may continue the base rate payment and any level of care payment to the certified family during a child or young adult's temporary absence from the home for 14 days or less, when: (a) The plan is for the child or young adult to return to the care of the same certified family; and (b) No other certified family is receiving a base rate payment or level of care payment for the child or young adult during the period of the absence. (2) Hospitalization. The Department may continue the base rate payment and level of care payment to the certified family when the child or young adult requires hospitalization for medical treatment and the certified family continues to exercise caregiving responsibilities in anticipation of the return of the child or young adult. Hospitalization for medical treatment is not considered a substitute care placement with a duplicate payment. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 12-2011(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 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 CWP 9-2003, f. & cert. ef. 1-7-03 SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0040 Payments During Adoptive Supervision When a child is free for adoption and placed in an approved or certified family's home designated by the Department's Adoption Program Manager as the child's pre-adoptive family, the Department pays base rate payment and any level of care payment to the pre-adoptive family until the adoption assistance payment commences. See OAR 413-130-0000 to 413-130-0130 for the adoption assistance eligibility requirements of the Adoption Assistance Program. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 12-2011(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 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 9-2003, f. & cert. ef. 1-7-03 SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0050 Out-of-State Payment to a Certified Family Moving to Another State (1) A certified family who receives Department approval to move out-of-state with a child or young adult who the Department has placed in the home may continue to receive base rate and level of care for that child or young adult for up to 180 days or until licensed or certified in the receiving state, whichever is earlier. (2) The Foster Care Program Manager or Foster Care Program Assistant Manager may extend the 180 day limit for continuing to receive current base rate payment and level of care payment when the licensure or certification process in the receiving state has not been completed due to circumstances beyond the control of the Department. (3) Once the home is licensed or certified in the receiving state, the Department authorizes payment at Oregon's established base rate payment and level of care payment rates. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11 CWP 12-2011(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 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 CWP 9-2003, f. & cert. ef. 1-7-03 SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0051 Department Review of Foster Care Payment Rates The Department shall review the established foster care payment rates every two years in conjunction with the Department budget preparation processes for submission of the Agency Request Budget to the Governor. The purpose of this review is to consider the rates the state is providing in comparison to the USDA Cost of Raising a Child or similar reports. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & ORS 418.647 History: CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 6-2017, f. & cert. ef. 7-5-17
413-090-0100 Purpose The purpose of these rules, OAR 413-090-0100 to 413-090-0210, is to describe the requirements for eligibility and receipt of personal care services when a child or young adult is placed with a foster parent or relative caregiver by the Department. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0110 Definitions Definitions for OAR 413-090-0100 to 413-090-0210 are in 413-090-0000. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2015, f. & cert. ef. 1-1-15 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 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SOSCF 6-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0120 Scope of Services (1) Personal care services are provided directly to the eligible child or young adult and do not include respite or other services, nor are they implemented for the purpose of benefiting others in the household or the household in general. (2) Personal care services include: (a) Mobility, transfers, repositioning — assisting a child or young adult with ambulation or transfers with or without an assistive device, turning the individual or adjusting padding for physical comfort or pressure relief, or encouraging or assisting with range-of-motion exercises; (b) Basic personal hygiene — providing or assisting a child or young adult with needs such as bathing (tub, bed bath, shower), washing hair, grooming, shaving, nail care, foot care, dressing, skin care, mouth care, and oral hygiene; (c) Toileting, bowel and bladder care — assisting a child or young adult to and from bathroom, on and off a toilet, commode, bedpan, urinal or other assistive device used for toileting, changing incontinence supplies, following a toileting schedule, cleansing the individual or adjusting clothing related to toileting, emptying catheter drainage bag or assistive device, ostomy care, or bowel care; (d) Nutrition — preparing meals and special diets, assisting with adequate fluid intake or adequate nutrition, assisting with food intake (feeding), monitoring to prevent choking or aspiration, assisting with special utensils, cutting food, and placing food, dishes, and utensils within reach for eating; (e) Medication management — assisting with ordering, organizing, and administering prescribed medications (including pills, drops, ointments, creams, injections, inhalers, and suppositories), monitoring for choking while taking medications; and (f) A delegated nursing task. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 2-2015, f. & cert. ef. 1-1-15 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 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0130 Personal Care Services Eligibility To receive personal care services while living with a certified family, a child or young adult in the care or custody of the Department must: (1) Be eligible to receive medical services funded through either Title XIX of the Social Security Act or the state general fund; (2) Have no available resources from the natural support system of friends, neighbors, or other community resources to provide personal care services; and (3) Have a documented diagnosed physical or mental impairment and require personal care services as determined by a personal care services assessment. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 21-2009, f. & cert. ef. 12-29-09 CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SOSCF 6-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0135 Provider Eligibility (1) Personal care services may be provided only by a qualified provider. (2) The contract registered nurse or the Personal Care Nurse Coordinator may authorize a qualified provider to provide personal care services to a child or young adult in the care or custody of the Department if the contract registered nurse or Personal Care Nurse Coordinator determines that the provider meets the definition of a qualified provider in OAR 413-090-0000. (3) The qualified provider must sign the personal care services plan with the Department and agree to provide the personal care services to the child or young adult described in the personal care services plan. (4) The qualified provider may be authorized to provide personal care services when the personal care services assessment has been completed and the contract registered nurse or Personal Care Nurse Coordinator has verified that the provider is a qualified provider. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 2-2015, f. & cert. ef. 1-1-15 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09 CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09