justicedao/ipfs_state_laws huggingface dataset:
413-100-0400 Purpose The purpose of OAR 413-100-0400 to 413-100-0530 is to set forth policies and criteria the Department uses to determine eligibility for: (1) Medical assistance under Title XIX of the Social Security Act for a child or young adult in substitute care and in the care and custody of the Department or another state; (2) Medical assistance under Title XIX for a child or young adult under an adoption assistance agreement or guardianship assistance agreement through the Department or another state; (3) General Assistance medical for a child or young adult who does not meet the eligibility criteria for Title XIX Medicaid; and (4) Medical eligibility for children entering Oregon under an Interstate Compact for the Placement of Children (ICPC) or Interstate Compact on Adoption and Medical Assistance (ICAMA) agreement. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 26-2015, f. & cert. ef. 12-21-15 CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14 CWP 12-2004, f. & cert. ef. 7-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0420 Child Welfare Title XIX Medicaid Program Eligible Populations Only the following children and young adults may be eligible for Child Welfare Title XIX Medicaid: (1) A child or young adult in substitute care, which may include: (a) A child or young adult in foster care. (b) A child or young adult receiving Supplemental Security Income (SSI). (c) A child or young adult held temporarily in a county or state juvenile detention facility. (d) A child or young adult in a subsidized Independent Living Program. (e) A child or young adult who returned home in a trial reunification for up to six months. (f) A child or young adult in a pre-adoptive placement. (g) A child or young adult on runaway status who would otherwise be in substitute care, as long as the Department retains custody of the child or young adult and the child or young adult would continue to be in substitute care and Child Welfare Title XIX Medicaid eligible if not on runaway status. (h) A child or young adult hospitalized while under the Department's protective custody is eligible, if at the time of hospitalization, the Department's intent was to place the child or young adult in substitute care. (i) A child or young adult from Oregon placed in substitute care in another state through ICPC and the receiving state has denied the child or young adult medical coverage. (j) A child or young adult admitted to the hospital prior to entering substitute care and a newborn released from the hospital into substitute care. Eligibility for a child or young adult is effective on the date the Department finds the child or young adult is eligible but not earlier than the date the Department obtains custody of the child or young adult. (k) Newborns in the following situations: (A) A baby born to a mother receiving medical benefits under Title XIX Medicaid from the Oregon Health Authority is eligible for Title XIX Medicaid due to the mother’s coverage. (B) A baby born to a mother not receiving medical benefits under Title XIX Medicaid from the Oregon Health Authority, to ensure coverage of birth expenses if: (i) The Department obtains custody of the baby during its hospitalization; and (ii) Child Welfare Title XIX Medicaid coverage is entered in the Department's electronic information system effective the date of birth. (2) A child or young adult who is the subject of an effective adoption assistance agreement administered by the Department. (3) A child or young adult who is the subject of an effective guardianship assistance agreement administered by the Department. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 26-2015, f. & cert. ef. 12-21-15 CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14 CWP 12-2004, f. & cert. ef. 7-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0432 Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid Payment may be made for emergency medical services only for a child or young adult in the Department’s care or custody. The payment is made from the local office’s “Other Medical” budget. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2014, f. & cert. ef. 6-12-14
413-100-0435 Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance (1) The Child Welfare Post Adoption Program will determine and maintain Child Welfare Title XIX Medicaid eligibility for the following children and young adults: (a) A child or young adult who has exited Department custody as the result of a finalized adoption, and the child or young adult is the subject of an effective adoption assistance agreement administered by the Department. Prior to the adoption finalization the child or young adult receives medical coverage as described in OAR 413-100-0430. (b) A child or young adult who is determined eligible for guardianship assistance and is the subject of an effective guardianship assistance agreement administered by the Department. (c) A child or young adult who is the subject of an adoption that does not require the Department’s consent and is the subject of an effective adoption assistance agreement administered by the Department. (2) Before a child or young adult described in section (1) of this rule may receive a medical card providing Child Welfare Title XIX Medicaid services, the Child Welfare Post Adoption Program must determine the eligibility of the child or young adult for Child Welfare Title XIX Medicaid. (3) The requirements listed in OAR 413-100-0430(3) also apply to children and young adults described in section (1) of this rule. (4) A child or young adult described in section (1) of this rule who is the subject of a guardianship assistance agreement where Title IV-E funded payments are being made to the guardian is eligible for Child Welfare Title XIX Medicaid. (5) A child or young adult described in section (1) of this rule who is the subject of an adoption assistance agreement where the pre-adoptive parent or adoptive parent is eligible to receive a Title IV-E funded payment is eligible for Child Welfare Title XIX Medicaid. (6) A child or young adult described in section (1) of this rule who is the subject of an adoption assistance agreement or guardianship assistance agreement, where the child or young adult was eligible for Child Welfare Title XIX Medicaid while in substitute care but ineligible for Title IV-E foster care, will be determined eligible and provided Child Welfare Title XIX Medicaid. (7) A child or young adult described in section (1) of this rule determined ineligible to receive Child Welfare Title XIX Medicaid will be provided General Assistance medical when: (a) The child or young adult resides in Oregon; or (b) The child or young adult resides outside of Oregon but in the United States or a territory or possession thereof and is not able to receive medical assistance through the state of residence. (8) Annual redeterminations are not required for children and young adults under a finalized adoption assistance agreement or guardianship assistance agreement. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 26-2015, f. & cert. ef. 12-21-15 CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
413-100-0445 Youth in Detention (1) Except as provided in section (2) of this rule, an individual held in a county or state juvenile detention facility is ineligible for Child Welfare Title XIX Medicaid or General Assistance medical coverage. (2) An individual held in a county or state juvenile detention facility may be eligible for new or continuation of Child Welfare Title XIX Medicaid or General Assistance medical coverage under the following situations: (a) If the child or young adult is in detention and going back to substitute care. (b) When the child or young adult is in Child Welfare care or custody and will be in a detention facility temporarily. (3) Child Welfare Title XIX Medicaid or General Assistance medical coverage will be closed after adjudication when the child or young adult is placed in the care and custody of the Oregon Youth Authority. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14 Renumbered from 413-100-0590 by CWP 11-2013, f. & cert. ef. 12-31-13 CWP 12-2004, f. & cert. ef. 7-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0451 Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA) (1) The Children’s Medical Unit will determine and maintain Title XIX Medicaid eligibility for a child or young adult placed in Oregon from another state pursuant to an approved ICPC request or eligible for medical assistance in Oregon under ICAMA. (2) A child or young adult placed in Oregon pursuant to an approved ICPC request is eligible for medical assistance in Oregon when at least one of the following criteria are met: (a) The child or young adult is placed in substitute care in Oregon; (b) The child or young adult is placed in a psychiatric or behavioral residential treatment facility in Oregon and intends to remain in Oregon permanently; or (c) The child or young adult is placed in a psychiatric or behavioral residential treatment facility in Oregon and has been determined Title IV-E eligible. (3) A child or young adult is eligible for medical assistance in Oregon under ICAMA when the child or young adult is the subject of an effective adoption assistance agreement or guardianship assistance agreement administered by an agency other than the Department and meets one of the following criteria: (a) The agreement is Title IV-E funded and the child or young adult is residing in Oregon; (b) The agreement is Title IV-E funded and the child or young adult is placed in a psychiatric or behavioral residential treatment facility or living in a residential or boarding school in Oregon; or (c) The agreement is non-Title IV-E funded and the parent or legal guardian of the child or young adult is residing in Oregon. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2014, f. & cert. ef. 6-12-14
413-100-0455 Out-of-State Placements (1) The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for Child Welfare Title XIX Medicaid coverage in the state of residence for a child or young adult receiving Title IV-E foster care payments. (2) A child or young adult who is Title IV-E eligible in Oregon and placed in substitute care in another state is eligible for Title XIX Medicaid in the state of residence. (3) A non-Title IV-E child or young adult in DHS care or custody and placed in another state must contact the Child Welfare Title XIX Medicaid agency in that state for a Title XIX Medicaid determination. If that state determines the child or young adult is not eligible for Title XIX Medicaid, the child or young adult may be eligible for Oregon’s Child Welfare Title XIX Medicaid or General Assistance medical if the child or young adult meets the eligibility requirements. (See OAR 413-100-0430) Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14 Renumbered from 413-100-0580 by CWP 11-2013, f. & cert. ef. 12-31-13 CWP 12-2004, f. & cert. ef. 7-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0530 Compliance (1) The Department is responsible for compliance with the requirements of the Office of Management and Budget, OMB Circular A-133, available at: http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011. (2) All cases to be reviewed by state auditors, including internal audits, or federal auditors are requested through the Department's Federal Compliance Unit. All case material (eligibility and service records) are made available for review upon request. The cases are randomly selected and must meet the criteria specific to the requirements of state and federal auditors. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2014, f. & cert. ef. 6-12-14 CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14 CWP 12-2004, f. & cert. ef. 7-1-04 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0810 Child Support Arrears Owed to Department (1) Child support arrears resulting from nonpayment during an episode of Department custody will be assigned and payments disbursed as prescribed by law. (2) Any child support arrears owed to the Department after termination of assignment to the Department will be collected by DCS and payments disbursed to the Department until the debt for past paid substitute care is fulfilled, or until the legal time frame for collection of the debt expires whichever is earlier. The legal time frame for collection of the debt expires 35 years from the judgment date. (3) With approval of the Child Permanency Program Manager or designee or the Federal Compliance Program Manager or designee, DCS may grant: (a) A file credit, wherein the child support arrears are not actively pursued, but will remain on file, and the agency reserves the right to collect the arrears at a later date; or (b) A satisfaction on the arrears, wherein the child support arrears are forgiven through the court and the agency may not attempt to collect from the parent. Statutory/Other Authority: ORS 412.024 & 418.005 Statutes/Other Implemented: ORS 109.010, 109.015, 180.320, 412.024, 418.005 & 418.032 History: CWP 4-2016, f. & cert. ef. 4-1-16 SOSCF 45-2001, f. 12-31-01 cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0820 Handling DCS Case Information (1) The Department may obtain an absent parent's place of residence and demographic information from a child support case to be used for the administration of Department programs. This information may be entered in the Department’s electronic information system when verified. However, child support case screens may not be printed or reproduced. (2) The Department may make application through the Federal Parent Locate Service for the purpose of establishing paternity and enforcement when an absent parent's whereabouts are not readily available through an existing paternity establishment or child support case. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: PL93.647, ORS 25.010 - 120 & 180.320 - 370 & 419B History: CWP 4-2016, f. & cert. ef. 4-1-16 SOSCF 45-2001, f. 12-31-01 cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-100-0830 Paternity and Parentage Establishment The Department will refer substitute care cases to DCS for establishment of parentage under any of the following circumstances: (1) Only one parent is listed on the child’s birth record; or (2) The Department has not begun the parentage establishment process through genetic testing. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: PL93.647, ORS 25.010 - 120 & 180.320 - 370 History: CWP 4-2016, f. & cert. ef. 4-1-16 SOSCF 45-2001, f. 12-31-01 cert. ef. 1-1-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-105-0000 Purpose The purpose of these rules, OAR 413-105-0000 to 413-105-0090, is to describe the activities required to: (1) Ensure that regular education and special education services are provided to promote academic achievement of a child or young adult in the care and custody of the Department; and (2) Ensure that public preschool education, early intervention education programs, and appropriate post-secondary education or training opportunities are explored for an eligible child or young adult in the care or custody of the Department. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.050, ORS 419B.192, ORS 419B.220 & 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 413-100-0900, 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
413-105-0020 Role of the Department in the Education of a Child or Young Adult (1) The Department promotes the academic achievement of a child or young adult by participating as a member of the team that performs the academic planning and goal setting for the child or young adult. The caseworker works collaboratively with the parent or legal guardian whenever appropriate; Tribes; the local school district and school officials; the substitute caregiver; the surrogate parent, if one is appointed; the CASA and attorney of the child or young adult; local school district foster care point of contact; and service providers involved in the case plan of the child or young adult, as appropriate, in order to ensure school enrollment and promote academic achievement. (2) The Department must verify that the child or young adult's enrollment in a school program is permitted by Oregon law or other state law if the child or young adult is placed in another state through the Interstate Compact on the Placement of Children. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 419B.192, ORS 419B.220, ORS 419B.343 & ORS 326.575 History: CWP 138-2020, amend filed 08/27/2020, effective 09/01/2020 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 413-100-0910, 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
413-105-0040 Consent for School Activities Once the Department has determined the child's or young adult's school or educational setting, the substitute caregiver may give permission for the child or young adult to attend school-related activities such as, but not limited to, school enrollment, field trips within the state of Oregon, routine social events, sporting events, photographs, and cultural events. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 419B.192, ORS 419B.220 & 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 413-100-0920, 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
413-105-0050 Consent for Special Education Services (1) When a child or young adult is in the care and custody of the Department, and there is reason to believe the child or young adult has a disability under the Individuals with Disabilities Education Act, 20 USC §§ 1400 et seq., or the Oregon Department of Education administrative rules regarding special education (OAR 581, Division 15), the parent or surrogate parent, if designated, makes education decisions for the child or young adult. (2) If a surrogate parent has not been appointed, or if more than one person is qualified to make special education decisions for the child, the caseworker may ask the court to determine the education decision maker. (3) Persons who qualify to make educational decisions include: (a) One or more of the following persons: (A) The biological or adoptive parent of the child or young adult. (B) A foster parent or relative caregiver of the child or young adult. (C) A legal guardian, other than a state agency. (D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child or young adult lives, or a person who is legally responsible for the welfare of the child or young adult; or (E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320 for school-age children or 581-015-2760 for preschool children. (b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. (c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes. (4) When a child or young adult with a disability is being considered for home schooling, in addition to the requirements of OAR 413-105-0030, the caseworker must: (a) Ensure the parent or surrogate parent of the child or young adult has home schooling approved by a person qualified to make educational decisions for the child or young adult pursuant to section (3) of this rule; and (b) Ensure the parent or surrogate parent participates in the special education planning for the child or young adult in the home school environment. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 419B.192, ORS 419B.220 & 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 413-100-0925, filed 06/25/2018, effective 06/25/2018 CWP 33-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 15-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 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
413-105-0060 The Office of Child Welfare Programs' Access to a Child's Education Records (1) Accessing a student's education records when the Department has custody of a student. (a) OCWP has authority to access a student's education records when it has legal custody of a student, without obtaining the consent of a parent or guardian, or a court order, pursuant to the Uninterrupted Scholars Act (20 U.S.C § 1232g). (b) To obtain the student's records, the OCWP must provide notice of legal custody and legal responsibility of the student to the school district. (c) The OCWP must not disclose records obtained pursuant to the Uninterrupted Scholars Act to any other person or entity unless that person or entity is engaged in addressing the student's educational needs and is authorized by the OCWP to receive such disclosure consistent with state confidentiality laws. (2) Accessing a student's education records when the OCWP does not have custody of a student. The OCWP has authority to access a student's education records when it does not have legal custody of a student, without obtaining the consent of a parent or guardian or a court order, pursuant to OAR 581-021-0380 when: (a) The need for records is in connection with a health and safety emergency; and (b) Knowledge of the information is necessary to protect the health and safety of the student or other individuals. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 326.575, ORS 336.187, ORS 409.010, ORS 419B.045, ORS 419B.192, ORS 419B.220, ORS 419B.343 & 20 U.S.C. § 1232g History: CWP 46-2018, renumbered from 413-100-0930, filed 06/13/2018, effective 06/13/2018 CWP 45-2018, amend filed 06/08/2018, effective 06/08/2018 CWP 19-2017, temporary amend filed 12/11/2017, effective 12/11/2017 through 06/08/2018 CWP 33-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 15-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 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