justicedao/ipfs_state_laws huggingface dataset:
413-070-0069 Identification of Relatives and Persons with a Caregiver Relationship (1) The Department must begin the search immediately for relatives or persons with a caregiver relationship: (a) During a CPS assessment when the Department has determined that a child is unsafe and an individual other than the parent or guardian is required to manage a child's safety; or (b) When a parent or guardian: (A) Is requesting the voluntary placement of the child; or (B) Is voluntarily giving custody of the child to the Department. (2) The Department may use, but is not limited to using, the following resources to identify or locate a child or young adult's relatives, the parents of a sibling of a child where the parent has custody of the sibling, and persons with a caregiver relationship: (a) An individual identified as a relative by the child or young adult or the family of the child or young adult; (b) An individual thought or known by the Department to be a relative of the child or young adult; (c) Oregon data information systems available to the Department; (d) The Internet; (e) Collateral contacts; and (f) Other community resources available to search for the identity and contact information of relatives or persons with a caregiver relationship. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.119, ORS 418.005, ORS 419A.004 & ORS 419B.192 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 5-2015(Temp), f. & cert. ef. 1-21-15 thru 7-19-15 CWP 10-2010, f. & cert. ef. 7-1-10 SOSCF 34-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 3-2001(Temp), f. & cert. ef. 1-24-01 thru 7-22-01 SOSCF 6-1999, f. & cert. ef. 4-29-99 SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99
413-070-0075 Assessment of a Relative or Person with a Caregiver Relationship for Involvement in Safety Management (1) The Department must assess an individual identified as a child or young adult's relative or person with a caregiver relationship prior to engaging the individual to assist in safety management as a safety service provider under OAR 413-015-1200 to 413-015-1230. (2) The Department must document each decision regarding the involvement of a relative or person with a caregiver relationship as a safety service provider in the Department's information system. (3) The Department may make a decision to engage an individual as a safety service provider prior to contacting all known relatives. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.119, 418.005, 419A.004 & 419B.192 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 10-2010, f. & cert. ef. 7-1-10 SOSCF 34-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 3-2001(Temp), f. & cert. ef. 1-24-01 thru 7-22-01 SOSCF 6-1999, f. & cert. ef. 4-29-99 SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99
413-070-0081 Review of a Child or Young Adult's Substitute Care Placement (1) The Department must review the efforts to place a child or young adult with a relative, current caretaker, or person with a caregiver relationship: (a) No more than 30 calendar days from the date of the child or young adult's initial placement in substitute care; (b) When the family of a child or young adult, through a family meeting, has recommended substitute care, permanency, or concurrent permanency with a relative who is not the current substitute care resource and has not yet been assessed; (c) When it appears a child or young adult is likely to experience or experiences a change in substitute caregiver; (d) When the child or young adult's substitute caregiver does not meet the safety, permanency, and well-being needs of the child or young adult; (e) During every regular case review described in OAR 413-040-0000 to 413-040-0032; and (f) No more than 30 calendar days prior to a court or administrative review hearing. (2) As part of the review in section (1) of this rule, the Department must determine: (a) Whether the child or young adult and his or her siblings, if the siblings are also in substitute care, have been placed with a relative, current caretaker or person with a caregiver relationship; (b) If placement has not occurred, the current efforts to identify a relative or person with a caregiver relationship able and willing to provide substitute care; (c) The additional contact with and assessment of identified relatives necessary to achieve placement with a relative; and (d) When a child or young adult is placed with a relative or person with a caregiver relationship, whether the substitute caregiver is able to best meet the safety and well-being needs of the child or young adult as described in OAR 413-070-0600 to 413-070-0645. (3) The caseworker must document in the Department's information system: (a) The date of the review required under section (1) of this rule; (b) The names of each individual who participated in the review; (c) Whether and how the placement of a child or young adult with a relative, current caretaker, or person with a caregiver relationship has been met and whether siblings have been placed together; and (d) Recommended actions, including any additional actions the Department will take to place a child or young adult, and his or her siblings, if the siblings are also in substitute care, with a relative, current caretaker, or person with a caregiver relationship in a placement resource that meets the safety, permanency, and well-being needs of the child or young adult. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 109.119, ORS 418.005, ORS 419A.004 & ORS 419B.192 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 10-2010, f. & cert. ef. 7-1-10 SOSCF 34-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 3-2001(Temp), f. & cert. ef. 1-24-01 thru 7-22-01 SOSCF 6-1999, f. & cert. ef. 4-29-99 SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99
413-070-0087 Opportunity for Ongoing Connection and Support (1) The caseworker must assess a relative's interest and appropriateness in maintaining family relationships and cultural connections with a child or young adult when the relative is not a placement resource, based on the relative's ability to: (a) Meet the safety, permanency, and well-being needs of the child or young adult; and (b) Provide appropriate ongoing support. (2) When a relative or person with a caregiver relationship meets the criteria described in section (1) of this rule, the caseworker must provide the child or young adult's relative, including a relative who resides outside the state of Oregon, with ongoing opportunities to develop and maintain family relationships and cultural connections with the child or young adult that support the safety and well-being needs of the child or young adult while the child or young adult remains in substitute care. (3) The parameters of a relative's contact with and support of the child or young adult are documented in the Department's information system. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.119, 418.005, 419A.004 & 419B.192 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 10-2010, f. & cert. ef. 7-1-10 SOSCF 34-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 3-2001(Temp), f. & cert. ef. 1-24-01 thru 7-22-01 SOSCF 6-1999, f. & cert. ef. 4-29-99 SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99
413-070-0300 Purpose The purpose of OAR 413-070-0300 to 413-070-0380 is to prescribe conditions that must be met for the Department to remove a refugee child from home. These rules also establish the Refugee Child Welfare Advisory Committee (RCWAC) and set the criteria for its operations and duties. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0320 Placement of Refugee Children (1) When it appears that a child who may be taken into custody under ORS 419B.150 or ORS 419C.080 by the Department is a refugee child, the Department will make oral inquiry of the child or the parent concerning national origin and ethnic and cultural information relative to the child's status as a refugee child. For purposes of determining the child's status as a refugee child, the Department may consider information, including, but not limited to, information from the following sources: (a) Any extended family member; (b) Refugee community resources including, but not limited to, any group, association, partnership, corporation, or legal entity whose purpose is to represent the interests of a particular group or groups of refugees who have the same ethnic or minority heritage; (c) The RCWAC; (d) Federal immigration agencies; (e) Refugee agencies; and (f) Department records. (2) As required by ORS 418.937, the Department may not remove a refugee child pursuant to ORS 419B.150, 419C.080, or 419C.088 unless: (a) The Department has determined there is a safety threat and removal is necessary to prevent imminent serious emotional or physical harm to the child; and (b) The provision of remedial or preventive services cannot manage the child's safety in the home. (3) The Department must follow ORS 418.937 in making placement decisions for refugee children: (a) The Department will consider the child's culture and tradition. (b) Unless shown to be inappropriate and inconsistent with the best interests of the child, the Department will place the child with one or more of the following persons, listed in order of preference: (A) Biological and legal parents. (B) Extended family members who are 18 years of age or older. (C) Members of the same cultural heritage. (D) Persons with knowledge and appreciation of the cultural heritage of the child. (4) The determination that one of the preferred placements is inappropriate and inconsistent with the best interests of the child must be based on one or both of the following reasons: (a) The informed request of the child's parent, if the request is consistent with the stability, security, and individual needs of the refugee child. (b) The safety, medical, physical, or psychological needs of the child. (5) When the Department has taken a refugee child into custody under ORS 419B.150, the Department will make diligent efforts to locate the child's affected family members for the purposes of placing the child, if possible, in one of the preferred placements. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0340 Petition As required by ORS 418.930 and 418.933: (1) Within one working day of the removal of a refugee child from the child's home, the Department must file a petition with the juvenile court. (2) In addition to the material required under ORS 419B.809 or 419C.255, the Department must include the following items in its petition: (a) A specific and detailed account of the circumstances which led the Department to conclude that the child was in imminent danger of serious emotional or physical harm; (b) Specific actions the Department is taking or has taken to alleviate the need for removal; (c) Assurance that the Department has complied with the placement preferences of ORS 418.937; and (d) Assurance that the Department is making or has made diligent efforts to locate and give notice to all affected family members and to the Refugee Child Welfare Advisory Committee of the pendency of the petition. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0345 Notice (1) When a refugee child is removed from home, in addition to the notice provided by the court of a hearing, the Department must notify all affected family members and the Refugee Child Welfare Committee of the pendency of the petition described in OAR 413-070-0340. (2) The notice will be written in language understandable to the recipient. (3) The notice will contain the child's name; the reason a petition was filed; and the time and place that the juvenile court will be considering the petition. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: Renumbered from 413-070-0330 by CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0350 Judicial Determination As required by ORS 418.933(1), a refugee child may not remain out of the child's home for longer than five days unless there has been a judicial determination supported by clear and convincing evidence that: (1) Preventive or remedial services provided by the Department have failed to alleviate the need for removal; and (2) Return to the home will likely result in psychological or physical harm to the child. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0360 Record of Care The Department must maintain a case record for each refugee child in its care containing: (1) The name, age, residence from which the child was removed, legal status, sex, and race of the child, and the accumulated length of time the child has spent in substitute care; (2) The child's health and education records; (3) The name, former residence, and health history of each parent and other information relating to the ability of the parent to care for the child in the parent's home; (4) The date of the child's intake and placement in substitute care and the name, race, occupation, and residence of the person with whom the child is placed; (5) If applicable, the date of the child's adoption and the name, race, occupation, and residence of each adoptive parent; (6) The date of the removal of the child to another home and the reason for removal; (7) The date of termination of guardianship, if applicable; (8) The history of the child, based on information that is known to the Department, until the child reaches 18 years of age, is legally adopted, or is discharged from the legal custody of the Department according to law; (9) Documentation of the reasonable efforts made by the Department to reunite the child with his or her family, to comply with the placement preferences of ORS 418.937, to place the child in the least restrictive setting possible, and to place the child close to the child's home and school; (10) Documentation of the child's status as a refugee child, including the source of information concerning the child's refugee status and the date the information was received by the Department; (11) Any required demographic information; and (12) Other documentation as required by Child Welfare Policy I-I.2, "Narrative Recording". Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 to 418.945 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0370 Annual Report of Care (1) As required by ORS 418.943, the Department will publish annually a report on refugee children in its care. The report must include statewide and county information on legal status, living arrangement, age, sex, race, accumulated length of time in foster care, and other demographic information deemed appropriate. The report will also state the extent to which the Department has complied with ORS 418.925 to 418.945 and descriptions of the methods of compliance. (2) The annual report must be sent to all members of the RCWAC no later than March 1 of each year. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0380 Refugee Child Welfare Advisory Committee (1) As required by ORS 418.941, the Department will establish an advisory committee known as the Refugee Child Welfare Advisory Committee (RCWAC). The RCWAC will perform the following tasks: (a) Advise the Department on its implementation of ORS 418.925 to 418.945; (b) Advise the Department in the identification, development, and certification of foster parents who meet requirements of ORS 418.925 to 418.945 for placement of refugee children, placing a special emphasis on locating homes maintained by refugees; and (c) Advise the Department in developing training programs to insure the availability of culturally sensitive social work. (2) Each person appointed to the RCWAC is subject to all confidentiality requirements and penalties as are employees of the Department. (3) In addition to records of the juvenile court under ORS 418.941(3), members of the RCWAC have access to Department records that: (a) Are pertinent to the care of an individual refugee child who is receiving care from the Department under the provisions of OAR 413-070-0300 to 413-070-0380; and (b) The Department is authorized by law to provide to the RCWAC. (4) The Department will work jointly with the RCWAC in the development and implementation of written bylaws or procedures that will specify all local procedures, duties, and tasks necessary for the RCWAC to fulfill the purpose described above. (5) A maximum of 14 members will be appointed for a two-year renewable term and will serve at the pleasure of the Assistant Director for the Children, Adults and Families Division of the Department. (6) The RCWAC will meet at least once every three months. Special meetings may be held to carry out required tasks. (7) Members of the RCWAC receive no compensation for their services. Members of the RCWAC other than members in full-time public service may be reimbursed by the Department for their travel and necessary expenses incurred in the performance of their duties according to rates and procedures established by state management service cost reimbursement policy. Statutory/Other Authority: ORS 418.005 & 418.945 Statutes/Other Implemented: ORS 418.005 & 418.925 - 418.945 History: CWP 9-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0400 Purpose The purpose of OAR 413-070-0400 to 413-070-0490 is to describe the responsibilities of the substitute caregiver and the Department when a child or young adult placed in substitute care by the Department is prescribed or administered psychotropic medication. Statutory/Other Authority: ORS 418.005 & 418.517 Statutes/Other Implemented: ORS 109.640, 109.675, 418.005 & 418.517 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 7-2010, f. & cert. ef. 6-30-10 CWP 8-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 3-1995, f. & cert. ef. 9-15-95
413-070-0450 Disclosure Requirements for a Child or Young Adult in Substitute Care Pursuant to ORS 109.675, a child 14 years of age or older or young adult in substitute care may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder, or a chemical dependency, excluding methadone maintenance, by a licensed physician, licensed physician associate, licensed psychologist, registered nurse practitioner, licensed clinical social worker, licensed professional counselor or marriage and family therapist, or a community mental health program established and operated pursuant to ORS 430.620. However, when a child 14 years of age or older or young adult is in substitute care, and the substitute caregiver or the Department has knowledge of any prescription, the notification requirements of OAR 413-070-0470, 413-070-0480, and 413-070-0490 apply. Statutory/Other Authority: ORS 418.005 & ORS 418.517 Statutes/Other Implemented: ORS 109.640, ORS 109.675, ORS 418.005 & ORS 418.517 History: CWP 18-2024, minor correction filed 06/06/2024, effective 06/06/2024 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 3-2015, f. & cert. ef. 1-1-15 CWP 7-2010, f. & cert. ef. 6-30-10 CWP 8-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 5-1995, f. & cert. ef. 9-15-95
413-070-0480 Notification Timelines for Psychotropic Medication Therapy (1) The Department must provide written notification to the parties identified in section (2) of this rule within a timely manner, not to exceed ten business days after: (a) The Department receives notice that a psychotropic medication has been prescribed for a child or young adult in substitute care; or (b) Either of the following changes occur in the treatment of a child or young adult in substitute care: (A) The prescribed dosage of a psychotropic medication; or (B) Discontinuation of existing psychotropic medication therapy. (2) When a child or young adult is in substitute care, written notification is provided to: (a) The parent or legal guardian, unless a parent has relinquished parental rights or had parental rights terminated; (b) The attorney of the parent or legal guardian; (c) The attorney of the child or young adult; (d) The court appointed special advocate of the child or young adult, if one has been appointed; (e) Any other legal parties to the case; and (f) The substitute caregiver. Statutory/Other Authority: ORS 418.005 & 418.517 Statutes/Other Implemented: ORS 109.640, 109.675, 418.005 & 418.517 History: CWP 3-2015, f. & cert. ef. 1-1-15 CWP 7-2010, f. & cert. ef. 6-30-10 CWP 8-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 5-1995, f. & cert. ef. 9-15-95
413-070-0490 Notification Content for Psychotropic Medication Therapy The notification described in OAR 413-070-0480 must contain all of the following: (1) The name and contact information of the prescribing licensed medical professional. (2) The diagnosed condition of the child or young adult for which the medication was prescribed. (3) The name of the prescribed psychotropic medication. (4) The prescribed dosage. (5) The dosage recommended pursuant to a medically accepted indication. (6) The reason the medication was prescribed. (7) The expected benefit of the medication. (8) The side effects of the medication. (9) Notice of the right to petition the juvenile court for a hearing if there is an objection to the use of the prescribed medication or prescribed dosage. Statutory/Other Authority: ORS 418.005 & 418.517 Statutes/Other Implemented: ORS 109.640, 109.675, 418.005 & 418.517 History: CWP 3-2015, f. & cert. ef. 1-1-15 CWP 7-2010, f. & cert. ef. 6-30-10 CWP 8-2007, f. & cert. ef. 5-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 5-1995, f. & cert. ef. 9-15-95
413-070-0500 Purpose The purpose of OAR 413-070-0500 to 413-070-0519 is to describe the Department's responsibility to seek legal permanency for a child or young adult in the legal custody of the Department and the use of a permanency committee. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 27-2010, f. & cert. ef. 12-29-10 CWP 43-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 42-2001, f. 12-31-01, cert. ef. 1-1-02 SOSCF 10-2000, f. & cert. ef. 4-28-00