justicedao/ipfs_state_laws huggingface dataset:
413-070-0510 Obligation to Seek Legal Permanency (1) Except when a parent has subjected a child or young adult to aggravated circumstances as defined in ORS 419B.340 or active efforts are required because the child or young adult is, or there is reason to know the child or young adult may be an Indian child , the Department must make reasonable efforts to preserve and reunify families by: (a) Establishing conditions for return described in OAR 413-040-0006 when a child or young adult is removed; and (b) Implementing a permanency plan to make it possible for the child or young adult to safely return home. (2) The Department must also make reasonable efforts to achieve the concurrent permanent plan for permanency through tribal customary adoption , adoption , guardianship, placement with a fit and willing relative , or APPLA. (3) The Department must seek approval of the court prior to changing the permanency plan of a child or young adult . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 11-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 1-2022, temporary amend filed 01/03/2022, effective 01/03/2022 through 07/01/2022 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 27-2010, f. & cert. ef. 12-29-10 CWP 43-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 10-2000, f. & cert. ef. 4-28-00
413-070-0514 Use of Permanency Committee A permanency committee must be scheduled when any of the following applies: (1) A caseworker recommends a change in permanency plan to guardianship, fit and willing relative , or APPLA. This rule does not apply to a permanency plan of guardianship under OAR 413-070-0668 unless the Department determines that it must make a recommendation to change the permanency plan for a child to guardianship prior to a resource having been identified pursuant to OAR 413-070-0518(1)(b). (2) A caseworker is considering a separation of siblings in adoption under OAR 413-110-0132 . (3) A caseworker requests a permanency committee review the relationship between a general applicant and a child whose permanency plan is adoption under OAR 413-120-0750 . 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 56-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 31-2017, temporary amend filed 12/31/2017, effective 01/01/2018 through 06/29/2018 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 23-2011, f. & cert. ef. 9-19-11 CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11 CWP 27-2010, f. & cert. ef. 12-29-10
413-070-0519 Decision and Notice (1) The Child Welfare Program Manager or designee must: (a) Consider the recommendations of the permanency committee; (b) Make a decision within one business day following the receipt of the written recommendations of the permanency committee; and (c) Provide written notification of the decision and the basis of the decision to the caseworker on a form approved by the Department. (2) The caseworker must notify the following individuals of the decision under section (1) of this rule: (a) Each child or young adult, when required by law and developmentally appropriate; (b) The attorney of each child or young adult, if one has been appointed; (c) The CASA of each child or young adult, if one has been appointed; (d) An tribal representative from each child's or young adult's tribe when the ICWA applies to the case, pursuant to OAR 413-115-0010 and 413-115-0050; (e) The member of the RCWAC when a child or young adult is a refugee child; and (f) The substitute caregiver of each child or young adult. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 11-2022, amend filed 06/23/2022, effective 07/01/2022 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 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 16-2015(Temp), f. & cert. ef. 9-1-15 thru 2-27-16 CWP 12-2015, f. & cert. ef. 7-17-15 CWP 23-2011, f. & cert. ef. 9-19-11 CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11 CWP 27-2010, f. & cert. ef. 12-29-10
413-070-0520 Purpose The purpose of OAR 413-070-0520 to 413-070-0565 is to describe the responsibilities of the Department in case planning and the appropriate use of APPLA as a permanency plan for a child or young adult. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0532 APPLA The caseworker considers one of the following types of APPLA when considering APPLA as a permanency plan for a child who has reached the age of 16 or young adult: (1) APPLA — permanent foster care. APPLA — permanent foster care is a plan in which the child or young adult remains in a substitute care placement with a substitute caregiver who has: (a) Committed to the care and well-being of the child or young adult; and (b) Entered into a permanent foster care agreement. (2) APPLA — permanent connections and support. An APPLA — permanent connections and support plan is a plan in which: (a) A child or young adult is in substitute care living with a substitute caregiver or living independently and receiving an independent living housing subsidy and the plan focus is not only on the educational, vocational, health, and treatment needs of the child or young adult, but also on the needs of the child or young adult to develop or maintain relationships with adults, including relatives and persons with a caregiver relationship, who can play a significant role in the life of the child or young adult after the child or young adult leaves substitute care; or (b) A child or young adult is in a psychiatric residential facility, developmental disabilities placement, or residential treatment facility and is not going to be discharged from the facility while the Department maintains legal custody of the child or young adult. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419A.004 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0536 Consideration of APPLA as a Permanency Plan (1) Department consideration of APPLA as a permanency plan must be based on the individual safety, permanency, and well-being needs of a child who has reached the age of 16 or young adult. The age or disability of a child or young adult is never a disqualifier for a more preferred permanency plan. (2) The Department may only consider APPLA as a permanency plan for a child who has reached the age of 16 or young adult only if the Department has determined it is not in the best interests of the child or young adult to implement one of the following preferred permanency plans: (a) Placement with a parent; (b) Placement in an adoptive home; (c) Placement with a legal guardian; or (d) Placement with a fit and willing relative. (3) Prior to consideration of a foster parent as the APPLA resource, the caseworker and his or her supervisor must: (a) Review the diligent efforts of the Department to place a child or young adult with relatives and to place siblings together as required under OAR 413-070-0060 to 413-070-0087. (b) Confirm there are no current Department actions to identify or assess a relative of a child or young adult who has expressed an interest in being a permanency resource. Statutory/Other Authority: ORS 109.328 & 418.005 Statutes/Other Implemented: ORS 109.328 & 418.005 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0540 Determination of APPLA as a Permanency Plan (1) When the Department is considering a change in the permanency plan of a child or young adult, the Department makes the determination pursuant to OAR 413-070-0500 to 413-070-0519. (2) Prior to the permanency committee, when APPLA - permanent foster care is being considered as the most appropriate permanency plan for a child or young adult, the caseworker must: (a) Meet with the substitute caregiver to: (A) Assess interest in and commitment to a permanent foster care agreement with each substitute caregiver as long as APPLA - permanent foster care is the permanency plan for the child or young adult; and (B) Review the requirements, responsibilities, and approval process for the permanent foster care agreement with each substitute caregiver. (b) Meet with the child or young adult, as developmentally appropriate and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult to assess interest in APPLA — permanent foster care as the permanency plan. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 418.937, 418.941 & 419A.004 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0552 Ongoing Department Responsibilities When APPLA is the Permanency Plan (1) When APPLA is the court-approved permanency plan for a child or young adult in the Department's legal custody, the caseworker must do all of the following: (a) Discuss the needs of the child or young adult with the substitute caregiver and the child or young adult during face-to-face and other contacts, and routinely discuss needs, benefits, barriers, and solutions towards achieving a more preferred permanency option. (b) Have contact with the child or young adult, with the substitute caregiver, and monitor child or young adult safety as described in OAR 413-080-0040 to 413-080-0067. (c) Provide timely assessment and services for identified needs of the child or young adult and the substitute caregiver or the parents of the child or young adult. (d) As soon as possible after the child reaches 14 years of age initiate comprehensive transition planning as described in OAR 413-030-0400 to 413-030-0460. (e) Ensure an annual review of Department efforts to identify and contact relatives of a child or young adult and efforts to place with or develop and maintain a child or young adult's connection and support with relatives is completed. (f) Monitor the case plan and complete the required case plan reviews. (g) Submit to the court and to the citizen review board the case plan updates required in Child Welfare Policy I-I.2, "Narrative Recording" and, when the APPLA plan is APPLA - permanent foster care, submit a copy of the permanent foster care agreement. (2) In addition to the requirements of section (1) of this rule, when the child or young adult has an approved APPLA - permanent foster care plan: (a) The Department must continue to assess requirements for certification of a foster home pursuant to OAR 413-200-0270 to 413-200-0296; and (b) The substitute caregiver must; (A) Maintain a current Certificate of Approval and follow the requirements of the Department pursuant to OAR 413-200-0301 to 413-200-0396; (B) Follow the requirements of the Department regarding education, medical care, mental health care, and other services requested by the Department to meet the needs of the child or young adult; (C) Maintain residence in the state of Oregon unless the ICPC referral has been submitted to the receiving state and approval to move has been obtained from the Department and the court prior to the move outside of Oregon; and (D) Maintain residence in the ICPC approved state if the substitute caregiver lives in another state. Statutory/Other Authority: ORS 418.005 & 419A.004(17) Statutes/Other Implemented: ORS 418.005 & 419A.004(17) History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0556 APPLA Permanency Plan Reviews (1) The caseworker must review the APPLA case plan at least every six months and the review must occur prior to a review by the court or citizen review board as required by ORS 419B.470 and 419A.106(1) respectively. (a) The review must take place in a face-to-face meeting with the child or young adult, and may include members of the team of the child or young adult. (A) When appropriate, the meeting may include a parent or guardian, unless the parent or guardian is not available for the review. When a parent or guardian is unavailable, the caseworker must document the reason the parent or guardian was unavailable and the efforts made to involve the parent or guardian. (B) During the meeting the caseworker must consider input received from the child or young adult and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010(3)(c), other participants in the meeting, and other information received from service providers, substitute caregivers, an attorney of the child or young adult, a court appointed special advocate of the child or young adult, the tribe if the child is an ICWA child, persons with significant attachments to the child or young adult, and relatives of the child or young adult. (b) After the meeting described in subsection (a) of this section, the caseworker must document in the case record: (A) Whether the current placement continues to be the least restrictive setting available to meet the safety and permanency needs of the child or young adult; or (B) Whether a more permanent permanency plan, such as reunification, adoption, guardianship, or placement with a fit and willing relative is more appropriate for the child or young adult. (2) When an APPLA has been approved by the court as the permanency plan for a child or young adult in the legal custody of the Department, the Department must notify the court and request a review or permanency hearing: (a) No less frequently than once every 12 months while the child or young adult remains in substitute care in accordance with ORS 419B.470(2). (b) Unless good cause is shown, at any time upon the request of the Department, a substitute caregiver directly responsible for the care of the child or young adult, a parent of the child or young adult, an attorney for the child or young adult, a court appointed special advocate, a citizen review board, or a tribal court in accordance with ORS 419B.470(5). (c) By the citizen review board no less frequently than every six months in accordance with ORS 419A.106(1)(a) unless the court has relieved the citizen review board of its responsibility to review a case in accordance with ORS 419A.106(1)(b). (d) Within 90 days of a change of substitute care placement. Statutory/Other Authority: ORS 418.005, 419A.004(17) & 419B. 470 Statutes/Other Implemented: ORS 418.005, 419A.004(17) & 419B. 470 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 17-2009, f. & cert. ef. 11-3-09 CWP 15-2006, f. 6-30-06, cert. ef. 7-1-06
413-070-0565 Termination of APPLA (1) The APPLA — permanent connections and support must be terminated when: (a) Court wardship is terminated; (b) The court relieves the Department of legal custody of the child or young adult; or (c) The court determines that APPLA — Permanent Connections and Support is no longer the appropriate permanency plan for the child or young adult. (2) The APPLA — permanent foster care plan and agreement must be terminated when: (a) The child reaches the age of majority as provided in ORS 419A.004(17); (b) Court wardship is terminated; (c) The court determines that APPLA — permanent foster care is no longer the appropriate permanency plan for the child; (d) One of the more preferred permanency plans described in OAR 413-070-0536(2) is achieved; (e) The Department and the substitute caregiver mutually consent to termination; (f) The foster parent or relative caregiver fails to maintain a current Certificate of Approval in accordance with OAR 413-200-0301 to 413-200-0396 and OAR 413-200-0270 to 413-200-0296, including when the certificate has been revoked or denied; (g) The child or young adult is removed from the substitute caregiver by the Department; or (h) The child or young adult requests, and a Child Welfare Program Manager approves, termination of the agreement because of serious or extraordinary circumstances. (3) The Department must provide written notification to the court of any change in the placement of the child or young adult. (4) If a child or young adult is removed from court-approved APPLA — permanent foster care, the caseworker must request a permanency hearing within 90 days after the date of the change in placement to review the permanency plan for the child or young adult under ORS 419B.470(3). Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 419A.004 & 419B.470 History: CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 28-2010, f. & cert. ef. 12-29-10 CWP 17-2009, f. & cert. ef. 11-3-09
413-070-0570 Purpose The purpose of OAR 413-070-0570 to 413-070-0574 is to describe when the Department will consider and pursue special immigrant juvenile status for a child or young adult who was brought to the United States by a parent or legal guardian not for the purpose of adoption, does not have lawful permanent resident status, cannot be returned safely to a parent or placed in the country of origin of the child or young adult, and should remain in the United States pending finalization of a permanent plan other than return to parent. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 22-2010, f. & cert. ef. 12-28-10
413-070-0574 Special Immigrant Juvenile Status (1) The Department may apply for special immigrant juvenile status for a child or young adult in the legal and physical custody and guardianship of the Department if all of the following requirements are met: (a) The juvenile court has determined that: (A) The child or young adult is a dependent ward; (B) The child or young adult cannot be returned to a parent due to abuse, neglect, abandonment, or similar circumstance; and (C) It is not in the best interests of the child or young adult to return to the child's, young adult's, or parent's country of nationality or country of last habitual residence. (b) The permanency plan for the child or young adult has been changed by the court from return to parent to another permanent plan. (c) The child or young adult is not a United States citizen and does not have lawful permanent resident status. (d) The child or young adult is unmarried and under 21 years of age. (2) Department staff must consult with and obtain approval from the Department of Human Services Diversity and International Affairs Program Manager or designee before applying for special immigrant juvenile status for a child or young adult in the legal and physical custody and guardianship of the Department. (3) To apply for special immigrant juvenile status, before the 21st of the child or young adult the Department must: (a) Obtain a court order from the juvenile court that makes the necessary findings to support an application for special immigrant juvenile status; and (b) Complete and submit all necessary U.S. Citizenship and Immigration Service forms and applications for special immigrant juvenile status. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 22-2010, f. & cert. ef. 12-28-10
413-070-0600 Purpose The purpose of OAR 413-070-0600 to 413-070-0645 is to: (1) Describe the requirements for assessing the needs of the child or young adult when the Department places the child or young adult in substitute care to assure the child's safety; (2) Identify the most appropriate available substitute caregiver who can meet the needs of the child or young adult; and (3) Describe the requirements for assessing and matching a potential caregiver's ability to meet the current and lifelong needs of the child or young adult for safety, attachment, permanency, and well-being. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & 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 29-2010, f. & cert. ef. 12-29-10 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 8-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 26-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 13-1999, f. 7-8-99, cert. ef. 7-12-99
413-070-0630 Monitoring the Ongoing Substitute Care Placement Needs of the Child or Young Adult (1) The caseworker must monitor the substitute care placement of the child or young adult and determine whether the relative caregiver, foster parent, or provider: (a) Meets the placement considerations of OAR 413-070-0625; and (b) Manages the supervision needs of the child or young adult as identified in the CANS screening and other current assessments or evaluations of the child or young adult. (2) The caseworker must assess the ongoing and permanency needs of the child or young adult: (a) For physical and emotional safety; (b) To promote and preserve existing attachments to family, siblings and caregivers known to the child or young adult and others with whom the child or young adult has developed an emotional attachment; (c) For continuity and familiarity; (d) For appropriate educational, developmental, emotional, and physical support; (e) For stability and permanency; (f) For maintaining his or her identity and cultural and religious heritage; and (g) For opportunities to participate in age-appropriate or developmentally-appropriate activities, including extracurricular, enrichment, cultural, and social activities. (3) During the required face-to-face contacts with the child or young adult, the caseworker must: (a) Confirm that the substitute caregiver can maintain the safety and well-being of the child or young adult; (b) Develop and maintain a good working relationship with the child or young adult; (c) Observe the child or young adult in an age-appropriate and comfortable setting; (d) Gather updated information on the physical and mental health as well as educational, behavioral, and developmental progress of the child or young adult; (e) Share updated information about the case plan and permanency plan for the child or young adult with the substitute caregiver and as permitted by state or federal law; and (f) Document the date, time, and location of the contact, observations, and update information in the Department's information system. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.005 & ORS 419B.192 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 17-2015, f. 9-28-15, cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 29-2010, f. & cert. ef. 12-29-10 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 13-1999, f. 7-8-99, cert. ef. 7-12-99