justicedao/ipfs_state_laws huggingface dataset:
413-105-0070 Educational Expenses (1) The Department may authorize payment for some allowable school costs other than transportation if sufficient funds are available and the school district does not cover the expense. Authorization for these expenses is outlined in OAR 413-090-0300 to 0380, 413-090-0365 and OAR 413-053-0000 to 0070. (2) A school district board or public charter school may waive school fees for certain activities under ORS 339.147 and ORS 339.155 when the student is a ward of the court. Statutory/Other Authority: ORS 339.155, ORS 409.050, ORS 339.147 & ORS 418.005 Statutes/Other Implemented: ORS 339.155, ORS 409.050, ORS 339.147, ORS 418.005, ORS 339.133, ORS 419B.192 & ORS 419B.343 History: CWP 124-2018, amend filed 12/13/2018, effective 12/13/2018 CWP 50-2018, temporary amend filed 06/26/2018, effective 06/26/2018 through 12/22/2018 CWP 49-2018, renumbered from 413-100-0935, filed 06/25/2018, effective 06/25/2018 CWP 13-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 30-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
413-105-0080 Early Education and Post-Secondary Education (1) The caseworker must ensure that an eligible child in the care or custody of the Department has the same access to public preschool education and early intervention education programs as eligible children not in the care or custody of the Department. When a disposition is founded or substantiated for abuse, the CPS worker must refer all victims up to 3 years old to Early Intervention. When completing the referral, the CPS worker must use the “CPS to Early Intervention Referral” form (CE0323) if a release of information is not signed. (2) The caseworker must ensure that a child or young adult in the care or custody of the Department has access to the information and resources available to explore post-secondary education and training opportunities. In meeting this obligation, the caseworker must include education in any child's or young adult's plan for transition to independent living. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 419B.192 & ORS 419B.343 History: CWP 21-2025, amend filed 12/23/2025, effective 12/23/2025 CWP 124-2018, amend filed 12/13/2018, effective 12/13/2018 CWP 50-2018, temporary amend filed 06/26/2018, effective 06/26/2018 through 12/22/2018 CWP 49-2018, renumbered from 413-100-0940, filed 06/25/2018, effective 06/25/2018 CWP 33-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 13-2008, f. 6-27-08, cert. ef. 6-28-08 CWP 30-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
413-105-0090 Minimum Credits Required to Obtain a Diploma If at any time from grade nine to 12 a child or young adult was a foster child, as defined in ORS 30.297, the child or young adult cannot be required to complete more than the minimum state credit requirements specified in ORS 329.451(2)(a) to receive a high school diploma. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 418.005 & ORS 329.451 History: CWP 21-2025, amend filed 12/23/2025, effective 12/23/2025 CWP 138-2020, amend filed 08/27/2020, effective 09/01/2020 CWP 124-2018, adopt filed 12/13/2018, effective 12/13/2018 CWP 50-2018, temporary adopt filed 06/26/2018, effective 06/26/2018 through 12/22/2018
413-110-0010 Purpose A child in the legal custody of the Department for whom the Department has determined that adoption is an appropriate permanency plan and who is in the process of being freed for adoption may be placed in an approved adoptive home with the understanding that if the child becomes legally free for adoption, the child will be adopted. In the past, such a placement was described as a "foster-adopt placement" or a "potential adoptive placement." The term for such placements is now "legal risk placement" if the placement meets the requirements specified in these rules, OAR 413-110-0010 to 413-110-0060. Statutory/Other Authority: ORS 418.005(1)(a) Statutes/Other Implemented: ORS 418.005 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 44-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0015 Values (1) Any child whose parent or parents are unable to provide a safe and healthy home for the child should be assured the opportunity to become a valued and permanent member of another safe family that understands and responds to the child's needs. (2) Early identification and development of an alternative to placement with a parent increases the likelihood that the alternate permanency plan can be achieved in a timely manner. Statutory/Other Authority: ORS 418.005(1)(a) Statutes/Other Implemented: ORS 418.005 History: SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01
413-110-0020 Eligibility Criteria for Legal Risk Placement A child may be placed in a legal risk placement when all of the following conditions have been met: (1) The child is a ward of the court and is in substitute care and the Department has determined that adoption is an appropriate permanency plan for the child according to the procedures outlined in OAR 413-110-0300 to 413-110-0360. (2) In accordance with OAR 413-070-0060 to 413-070-0093, the Department has considered all parents and relatives and has either determined none of them is a suitable permanent placement for the child or has selected one relative who meets the requirements of OAR 413-070-0060 to 413-070-0093 as the resource for a legal risk placement. (3) The Department's legal assistance specialist has assessed the status of the child and has determined that a plan to free the child for adoption is in the best interests of the child. (4) The Department has determined, in accordance with OAR 413-110-0300 to 413-110-0360, that adoption is an appropriate permanency plan for the child, and an approved adoptive home has been selected according to the process outlined in OAR 413-120-0010 to 413-120-0060. (5) The Adoption Services Unit has reviewed and approved the plan. (6) In the case of an out-of-state placement, prior to approval and designation of the child's legal risk placement: (a) The Department has notified the court and has obtained its approval of the plan to place the child out of state; (b) If the out-of-state placement is made through a private agency, the Department has a signed contract with the placing agency in the receiving state; and (c) The Department has obtained verification that the child will receive medical coverage by the receiving state. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 44-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0030 Legal Risk Placement; Effective Date of Designation (1) The designation date of the child’s current caretaker home as a legal risk placement is the date the Department’s Adoption Services Unit accepts all required documents. (2) The designation date of the child’s selected adoptive home (non-current caretaker) as a legal risk placement is the date the child is physically placed in the selected home or the date the Adoption Services Unit accepts all applicable documents (see section (1) of this rule), whichever date is later. Statutory/Other Authority: ORS 418.005(1)(a) Statutes/Other Implemented: ORS 418.005 History: CWP 44-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0040 Home Requirements (1) The home in which the legal risk placement will be made must be studied and approved as an adoptive home in accordance with OAR 413-120-0190 to 413-120-0246 or, in the case of an out-of-state placement, with OAR 413-040-0200 to 413-040-0330. The home must also meet the requirements of OAR 413-200-0301 to 413-200-0396. (2) Each adoptive parent considered for a legal risk placement is informed by the Department of the risk of having the child removed and must sign an agreement that provides that: (a) The adoptive parent understands that the child is not legally free for adoption; (b) The adoptive parent understands that the Department cannot guarantee that the child will be legally free for adoption in the future; (c) The adoptive parent wants to adopt the child; and (d) The adoptive parent understands that the adoptive family will continue to provide temporary care for the child if adoption is not possible. (3) The potential adoptive parents must complete the Adoption Recruitment Management System (ARMS) form 3010, "Legal Risk Placement Agreement," acknowledging that they understand the uncertainty of the legal risk placement. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 44-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0050 Effect on a Release and Surrender A Legal Risk Placement shall be considered a placement for the “purpose of adoption” in accordance with ORS 418.270, subsection (4), which specifies when a release and surrender given by a parent or guardian shall be considered irrevocable. These rules shall apply to any release and surrender accepted prior to, concurrent with or subsequent to the Legal Risk Placement. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0060 Termination of Legal Risk Placement Status When the child is legally free to be adopted, the Central Office Adoption Services Unit will change the child's placement status from Legal Risk Placement to Adoptive Placement. Statutory/Other Authority: ORS 418.005(1)(a) Statutes/Other Implemented: ORS 418.005 History: SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-110-0100 Purpose The purpose of OAR 413-110-0100 to 413-110-0150 is to describe the Department's case planning responsibility to maintain and support lifelong sibling relationships for a child in the legal custody of the Department whose permanency plan is adoption. Statutory/Other Authority: ORS 418.005 & 419B.192 Statutes/Other Implemented: ORS 418.005 & 419B.192 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 30-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 8-2006, f. & cert. ef. 5-1-06 CWP 48-2003, f. 12-31-03, cert. ef. 1-1-04 SCF 6-1996, f. & cert. ef. 9-17-96
413-110-0130 Consideration of Sibling Placement (1) The Department's first priorities for placement of a child in the legal custody of the Department are placement with relatives and placing siblings together. (2) When any child in the legal custody of the Department is separated from one or more siblings in substitute care, the Department must make diligent efforts to place the siblings together in substitute care, so long as it is in the best interests of the child, regardless of each child's permanency plan. (a) The caseworker must document the efforts to place siblings together in substitute care in the Department's information system. (b) If siblings are placed separately in substitute care, the Department must ensure that the children have the opportunity for regular, ongoing contact unless contact is not in the best interests of the child or one or more of the siblings. (3) When the Department is considering the permanent separation of one or more siblings through adoption, the caseworker must schedule a permanency committee for a recommendation and decision pursuant to OAR 413-070-0500 to 413-070-0519. Statutory/Other Authority: ORS 418.005 & 419B.192 Statutes/Other Implemented: ORS 418.005 & 419B.192 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 29-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 8-2006, f. & cert. ef. 5-1-06 CWP 48-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 19-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1996, f. & cert. ef. 9-17-96
413-110-0132 Consideration of Sibling Separation (1) A permanency committee is used to consider the permanent separation of siblings in the legal custody of the Department through adoption, unless an adoptive resource has been selected for one or more siblings. (2) The permanency committee must consider the best interests of each child in the sibling group under consideration, and each of the following factors when making a recommendation: (a) The current and lifelong needs of each child and of each sibling in the sibling group under consideration; (b) The existence of each child's significant emotional ties to each sibling in the sibling group under consideration; (c) The needs of each child and each sibling in the sibling group under consideration for each of the following: (A) Physical and emotional safety; (B) Ability to develop and maintain current and lifelong connections with the child's family; (C) Continuity and familiarity; (D) Appropriate educational, developmental, emotional, and physical support; (E) Stability and permanency; and (F) Maintaining his or her identity, cultural, religious, and spiritual heritage. (3) The permanency committee considers all of the information, deliberates, and, when committee members agree, makes a recommendation to the Child Welfare Program Manager or designee including one or more of the following options: (a) Separation of a child from one or more siblings in the sibling group under consideration is not in the best interest of the child or the siblings, and the caseworker must continue to make efforts to place the siblings together for the purpose of adoption; (b) Separation of a child from one or more siblings in the sibling group under consideration for the purpose of adoption is in the best interests of the child or the siblings; or (c) When there are multiple siblings, recommendations with respect to which siblings in the sibling group under consideration should remain together for the purpose of adoption and how those matches are in the best interests of each sibling. (4) When the permanency committee cannot reach agreement, each permanency committee member makes his or her respective recommendations known to the committee facilitator. (5) The Child Welfare Program Manager or designee who makes the decision on behalf of the Department must consider all of the following when making the decision: (a) The considerations in subsections (2)(a)–(c) of this rule; (b) The information presented to the permanency committee; and (c) The recommendations of the permanency committee. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419B.192 History: CWP 21-2011, f. & cert. ef. 9-19-11 CWP 6-2011(Temp), f. & cert. ef. 4-4-11 thru 10-1-11 CWP 30-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-110-0150 Sibling Placement and Permanency Planning (1) When separation of siblings has occurred as a result of a Department action or decision pursuant to OAR 413-070-0519, the Department's efforts to identify and recruit a potential adoptive resource must include recruitment efforts to identify a potential adoptive resource who can initiate and maintain connections between the child and one or more siblings, unless such a connection is not in the best interests of the child or one or more siblings. (2) The caseworker must make efforts to recruit and identify potential adoptive resources who appear to have the knowledge, skills, and abilities to be considered as the potential adoptive resource for other siblings when there are one or more siblings in substitute care who do not yet have a permanency plan of adoption. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419B.192 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 30-2010, f. & cert. ef. 12-29-10 CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-110-0200 Purpose OAR 413-110-0200 to 413-110-0220 describes the Department's requirements and considerations in deciding whether to initiate a termination of parental rights proceeding. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.498-419B.530 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 15-1999, f. & cert. ef. 8-12-99
413-110-0210 Initiation of a Termination of Parental Rights Proceeding The Department must initiate a termination of parental rights proceeding to legally free a child for the purpose of adoption only when: (1) The Department has determined that adoption is the most appropriate permanency plan for the child pursuant to OAR 413-070-0500 through 413-070-0519; (2) The Department has determined that there is not another permanency plan that would better meet the child’s needs for safety, attachment, permanency, and well-being; (3) If the child is an Indian child, the Department has determined, in consultation with the child's Tribe(s), that tribal customary adoption is not an appropriate permanency plan for the child. (4) The Assistant Attorney General and Legal Assistance Specialist, in consultation with the caseworker and supervisor, have determined that it is appropriate to file petitions to terminate parental rights; and (5) The court has changed the child’s permanency plan to adoption after a permanency hearing pursuant to ORS 419B.476. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.498-419B.530 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 15-1999, f. & cert. ef. 8-12-99
413-110-0220 Considerations for Decision Whether to Initiate a Termination of Parental Rights Proceeding (1) In deciding whether it is appropriate to file petitions to terminate parental rights the caseworker and supervisor, in consultation with the Assistant Attorney General and Legal Assistance Specialist, must consider the following: (a) Whether one or more of the circumstances set forth in ORS 419B.498(1) requiring filing of petitions to terminate parental rights exists and, if so, whether one or more of the exceptions to filing petitions set forth in ORS 419B.498(2) applies; (b) If one of the circumstances set forth in ORS 419B.498(1) requiring filing of petitions to terminate parental rights does not exist, whether it is appropriate to file petitions to terminate parental rights pursuant to ORS 419B.500 through 419B.508; (c) Whether it is appropriate to file petitions to terminate parental rights without making reasonable efforts to make it possible for the child to safely return home based on a finding from the court pursuant to ORS 419B.340; (d) Whether the parents of the child are willing and able to voluntarily plan for adoption or there is another way, other than filing petitions to terminate parental rights, to legally free a child for the purpose of adoption; (e) Whether termination of parental rights for purposes of adoption is in the child’s best interests, giving consideration to whether another permanency plan would better meet the child’s needs for safety, attachment, permanency, and well-being; and (f) Whether the child will consent to be adopted if they will be 14 years of age or older when the adoption is ready to be legally finalized. (2) If the exception or compelling reason that the Department applied in making the decision to not file petitions to terminate parental rights pursuant to subsection (1)(a) of this rule no longer applies, the Department must: (a) Review the prior decision not to file; (b) Determine if there is another exception or compelling reason not to file petitions; and (c) If another exception or compelling reason not to file does not apply pursuant to subsection (2)(b) of this rule, decide whether to pursue the filing of petitions to terminate parental rights after consideration of the factors set out in subsection (1) of this rule. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.498-419B.530 History: CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 15-1999, f. & cert. ef. 8-12-99
413-110-0230 Permanency Plan Review DHS shall review the permanency plan for each child in its legal custody after the 6 month review conducted under ORS 419A.106 or any hearing conducted in lieu of such review; but prior to the permanency hearing required by ASFA to determine the appropriateness of the permanency plan. If the permanency hearing is scheduled before the above 6 month review, DHS shall review the permanency plan prior to the permanency hearing even if the review has not occurred. If the child cannot be safely placed with a parent, in determining if adoption is the appropriate concurrent permanent plan: (1) The local designated review body shall consider whether the plan is in the best interest of the child and whether there is a potential adoptive resource for the child or a resource can be located; and (2) The Legal Assistance Specialist shall provide consultation to the local staff on whether the plan is consistent with statewide practice and whether the plan complies with the requirements of the DHS Adoption Program. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419B.498-419B.530 History: SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 15-1999, f. & cert. ef. 8-12-99
413-110-0252 Termination of Parental Rights In some cases, DHS may decide to file a petition to terminate the parental rights of a parent whose child is in DHS custody without making reasonable efforts to make it possible for the child to be safely returned home and without seeking or having the juvenile court make a finding that DHS is not required to make such efforts. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 & 419B.498-419B.530 History: SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02
413-110-0300 Purpose The purpose of OAR 413-110-0300 to 413-110-0360 is to establish the Department's policies for determining whether adoption is an appropriate plan for a child. In the case of an Indian child, the Department follows OAR chapter 413, division 115. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: 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 24-2015, f. & cert. ef. 10-26-15 CWP 47-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 11-2000, f. & cert. ef. 4-28-00
413-110-0320 Values (1) Adoption is a permanency option that should be considered as part of concurrent case planning for all children in substitute care. (2) The assessment of the appropriateness of adoption as the permanency plan for a child begins at the time of the child’s initial placement and continues until a permanent plan is achieved. (3) If safe placement with a parent is not possible for a child, and the child can be legally freed for adoption and has an appropriate and available adoptive resource who wishes to adopt the child, it is concluded that adoption is an appropriate permanency plan for the child. (4) Adoption is not the most appropriate plan for every child. (5) The Department will not initiate proceedings to free a child for adoption unless there is a probability of being placed with an approved family. (6) Decisions whether adoption is an appropriate permanency plan for the child must be made collaboratively. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 47-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 11-2000, f. & cert. ef. 4-28-00