justicedao/ipfs_state_laws huggingface dataset:
413-002-0000 Minimum Qualifications For Persons Conducting Investigation or Making Determination Regarding a Child A person who conducts an investigation under ORS 419B.020, makes a determination that a child must be taken into protective custody under ORS 419B.150 or makes a determination that a child should not be released to the child’s parent or other responsible person under ORS 419B.165(2) must possess either: (1) A bachelor’s degree in human services or a field related to human services; or (2) A bachelor’s degree unrelated to human services and either: (a) One year of human services related experience; or (b) Completion of coursework equivalent to certification consistent with Oregon Caseworker Competency; or (3) An associate degree and either: (a) Two years of human services related experience; or (b) One year of human services related experience and related training, coursework or certification consistent with Oregon Caseworker Competency. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 419B.021 Statutes/Other Implemented: ORS 409.050, ORS 418.005 & ORS 419B.021 History: CWP 125-2020, adopt filed 04/21/2020, effective 05/01/2020 CWP 54-2019, temporary adopt filed 12/30/2019, effective 01/01/2020 through 06/28/2020
413-005-0050 Child Welfare COVID-19 and Emergency Response (1) The Department amends the following administrative rules as follows: (a) OAR 413-040-0000 (23), when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing. (b) OAR 413-080-0050 (8), when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing. (c) OAR 413-200- 0260, regarding definitions that apply to OAR Chapter 413, Division 200, to add the following definitions as follows: (A) “Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing. (B) “Home visit” means a face-to-face contact at an individual’s residence. (d) OAR 413-070-0000, regarding definitions that apply to OAR Chapter 413, Division 070, as follows: (29) “Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing. (e) OAR 413-030-0000, regarding definitions that apply to OAR Chapter 413, Division 030, to add the following definition: “Face-to-face” when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may be completed via videoconferencing. (2) The provisions in this rule end on the last day of the month in which the Governor of Oregon ends the COVID-19 state of emergency period initiated by Executive Order 20-03, and any extensions thereof. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 409.050 & ORS 418.005 History: CWP 8-2021, adopt filed 03/26/2021, effective 04/01/2021 CWP 6-2021, temporary adopt filed 01/28/2021, effective 01/28/2021 through 04/03/2021 CWP 143-2020, temporary adopt filed 10/06/2020, effective 10/06/2020 through 04/03/2021
413-010-0010 Purpose The purpose of OAR 413-010-0010 to 413-010-0075 is to describe circumstances in which the Department may and may not disclose client information without a court order. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.225, 419A.170 & 419A.255 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 18-2011, f. & cert. ef. 9-2-11 SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0030 Protection of Information In the interest of family privacy and to protect children, families, and other recipients of services, except as provided by Oregon statutes and these rules (OAR 413-010-0010 to 413-010-0075): (1) Client information is confidential. (2) Client records are not available for public inspection. (3) Oregon statutes, OAR 407-014, and these rules regulate the Department's disclosure of client information by prohibiting disclosure of some client information, mandating disclosure of some information, and giving the Department discretion to disclose some information, as provided in OAR 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, and 407-014. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 409.225, 419A.255 & 419B.035 History: CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 18-2011, f. & cert. ef. 9-2-11 SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0068 Disclosure of Information Exempt Under the Public Records Law Unless required by court order or specific statute, the Department may not disclose information in a client file if the information is exempt under the Public Records Law. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 192.410–192.505 & 418.005 History: CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 18-2011, f. & cert. ef. 9-2-11 SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99
413-010-0075 Disclosure Procedures (1) The Child Welfare Program Manager or the manager's designee must supervise access to records. (2) The Child Welfare Program Manager or manager's designee must approve in writing the disclosure or redisclosure of client information in the following circumstances: (a) The Department currently is the child's legal custodian or guardian or the Department was the child's legal custodian or guardian when the Department authorized services; (b) The Department currently is serving the child pursuant to an Interstate Compact or other interstate agreement; or (c) The child is or was evaluated or provided services in conjunction with the Department assessment following a protective service report, regardless of the child's legal status at the time. (3) The Department may require a reasonable period of time to prepare a client's record for review at the branch or disclosure by mail or email. (4) The Department may require that a person who seeks to review client records, review the records at an appointed time. (5) Except as provided in OAR 413-010-0065(6) and (8) (access to records for research purposes), a person authorized to review the Department record may copy the record. (6) Any record disclosed must be kept confidential by the person to whom the record is disclosed and must be used only for the purpose for which disclosure was made. (7) All social service agencies, courts, resource parents, service providers (including medical providers), or agents of the Department providing services to the Department's client at the request of the agency are subject to the Oregon statutes and the Department rules governing disclosure of client information. (8) The Department may not permit a person authorized to review a particular client's file to review the complete file if the file includes information about any other client. The Department must permit review of the particular client's records. (9) When copies of confidential information are released, the material must be stamped: "Confidential not to be redisclosed". (10) When confidential records and information are part of the record in an administrative hearing before the Department, the Department and all participants in the hearing must take all reasonable measures to maintain the confidentiality of the information. Statutory/Other Authority: ORS 418.005, ORS 419B.035 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 419A.255, ORS 409.225 & ORS 419B.035 History: CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 26-2019, temporary amend filed 05/31/2019, effective 06/03/2019 through 11/29/2019 CWP 12-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 18-2011, f. & cert. ef. 9-2-11 SOSCF 9-1999, f. 5-24-99, cert. ef. 6-1-99
413-010-0170 Purpose The purpose of OAR 413-010-0170 to 413-010-0185 is to: (1) Describe the rights and protection each child and young adult in the legal custody of the Department is entitled to receive from the Department; (2) Establish the Oregon Foster Children's Bill of Rights, as provided in ORS 418.200to 418.202; and (3) Establish the Oregon Foster Children’s Sibling Bill of Rights, as provided in Oregon Laws 2017 chapter 36. Statutory/Other Authority: ORS 418.005 & 418.202 Statutes/Other Implemented: ORS 418.005, 418.201, 418.202, 419B.343 & 418.606-418.609 History: CWP 35-2019, minor correction filed 08/06/2019, effective 08/06/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 14-2009, f. & cert. ef. 11-3-09 SOSCF 6-1998, f. 2-10-98, cert. ef. 2-15-98
413-010-0175 Definitions Definitions for OAR 413-010-0170 to 413-010-0185 are in OAR 413-010-0000. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 14-2009, f. & cert. ef. 11-3-09
413-010-0185 Department Responsibilities (1) The Department will develop information and materials to be provided to each child and young adult in the legal custody of the Department who are or were in substitute care regarding their rights under OAR 413-010-0180 . The Department will review and update the information and materials periodically, and may develop other information and materials it determines will be helpful in informing children and young adults about their rights and how to assert and protect them. (2) The Department will make training available to caseworkers and other employees who will provide the information and materials specified in section (1) to children and young adults, to ensure the information and materials are provided in a manner that is timely and appropriate to age and developmental stage. (3) The Department will make training available to caseworkers and other employees about the Department's obligations under ORS 418.201, Oregon Laws 2017, chapter 36, OAR 413-010-0180and this rule, to ensure the obligations are carried out in a manner that is timely and appropriate to age and developmental stage. (4) The Department will develop information and materials and make training available to substitute caregivers regarding their obligations to ensure the children and young adults in their care are informed of their rights under OAR 413-010-0180 in a manner that is timely and appropriate to age and developmental stage. (5) The Department will develop and publish a process for children and young adults in the legal custody of the Department who are or were in substitute care to make complaints regarding their care. The process will include a phone number that is available at all times. (6) Absent a court order or other compulsory process that requires disclosure, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless: (a) The Department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child’s safety or well-being; (b) The Department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child’s family; or (c) The child consents to the disclosure. Statutory/Other Authority: ORS 418.005, ORS 418.202 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 418.201, ORS 418.202, ORS 418.606-418.609, ORS 409.225 & ORS 419B.035 History: CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 37-2019, minor correction filed 08/06/2019, effective 08/06/2019 CWP 22-2017, amend filed 12/29/2017, effective 01/01/2018 CWP 1-2015, f. & cert. ef. 1-1-15 CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14
413-010-0200 Purpose These rules establish guidelines for Child Welfare staff and agents to follow to assure that the rights are maintained. 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
413-010-0210 Department Responsibilities The Department through staff, contracted providers of care and other agents, will assert and protect the rights of children in the legal custody of the Department by fulfilling the following responsibilities: (1) Developing and implementing service plans and agreements that address the needs, rights, and best interests of the child; (2) Advocating for the child’s rights when family members, community institutions (such as school/law enforcement), or the Department administrative practices appear to encroach upon the child’s rights; and (3) Arranging for a guardian ad litem or a court appointed special advocate to represent a child when the Department cannot freely or objectively advocate for the child’s rights. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 33-2018, minor correction filed 04/16/2018, effective 04/16/2018 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0220 Interrogation/Polygraph When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination for a child suspected of violating the law or having knowledge of a law violation, Child Welfare staff and/or the child’s physical custodian will: (1) Assure the officer has proper identification. (2) Determine if the officer has a warrant. If there is a warrant, Child Welfare will assist the LEA officer insofar as such assistance does not infringe upon the child’s right to remain silent and to have legal representation present. (3) Advise the officer that no mechanical or electronic recording may be made of the interview. (4) If the LEA does not have a warrant, make sure: (a) The child’s legal guardian consents to the interrogation and/or polygraph (see I-B.1.4, Responsibility of Staff to Secure a Legal Consent); and (b) The child’s attorney, a staff person or the child’s custodian is present during the interview, and ensures that the interview is terminated if there is any indication of improper conduct on the part of the interrogator. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 34-2018, minor correction filed 04/16/2018, effective 04/16/2018 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0230 Attorney Interview When an attorney asks to interview a child, the following shall apply: (1) An attorney of record representing the child may interview the child privately. However, if the attorney or the child requests, a Child Welfare staff member shall be present during the interview. (2) An adversarial attorney shall not be permitted to interview a child unless the child’s legal guardian consents to the interview and the child’s own attorney is also present. 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
413-010-0240 Other Interviews When a request to interview a child is received from representatives of the Social Security Administration, Veteran’s Administration, Department of Revenue, insurance representatives, etc., staff and/or custodians will: (1) Ensure that the requestor has proper identification; (2) Determine if the interview is related to pending litigation or the child may be a party to or a witness to an incident related to a litigation; (3) Determine whether or not the child should have legal counsel during the interview; (4) Set the time and place of the interview; and (5) Inform the interviewers that no mechanical or electronic recording will be made of the interviews. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 418.005 History: CWP 35-2018, minor correction filed 04/16/2018, effective 04/16/2018 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0300 Purpose The Department recognizes the importance of preserving the family ties and relationships of a child or young adult who is placed in the legal custody of the Department. These rules, OAR 413-010-0300 to 413-010-0340, describe the rights of relatives and the responsibilities of the Department regarding involvement of a child or young adult's relatives in a child welfare case. Statutory/Other Authority: ORS 109.119 & 418.005 Statutes/Other Implemented: ORS 109.119 & 418.005 History: CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2010, f. & cert. ef. 7-1-10 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0310 Definition Definitions for OAR 413-010-0300 to 413-010-0340 are in OAR 413-010-0000. Statutory/Other Authority: ORS 109.119, 418.005 & 419A.004 Statutes/Other Implemented: ORS 109.119, 418.005 & 419A.004 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15 CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15 CWP 16-2014(Temp), f. & cert. ef. 8-4-14 thru 1-31-15 CWP 11-2014, f. & cert. ef. 6-3-14 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2010, f. & cert. ef. 7-1-10 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0330 Communication and Visitation A relative has the right to communicate and visit with a child or young adult in the Department's legal custody when such communication or contact is set forth in: (1) The child or young adult's visit and contact plan developed under OAR 413-070-0800 to 413-070-0880; (2) The opportunities for ongoing connection and support developed under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087 and approved by the caseworker; or (3) An order of a court. Statutory/Other Authority: ORS 109.119 & ORS 418.005 Statutes/Other Implemented: ORS 109.119 & ORS 418.005 History: CWP 6-2025, amend filed 05/07/2025, effective 05/07/2025 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2010, f. & cert. ef. 7-1-10 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0340 Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives The Department must: (1) Make diligent efforts to place a child or young adult in substitute care with a relative or person who has a caregiver relationship, as defined in ORS 419B.116, to the child pursuant to 419B.192(1). (2) Make diligent efforts to place a child or young adult in substitute care with siblings so long as placement with the siblings is in the best interests of the child or young adult and the child or young adult's siblings pursuant to ORS 419B.192(2). (3) In making the diligent efforts described in sections (1) and (2) of this rule, the Department must consider the factors set forth in ORS 419B.192(3) and follow the assessment process described in Child Welfare Policies I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087 and II-B.1.1, "Responsibilities for Certification and Supervision of Resource Parents, Relative Resource Parent and Approval of Potential Adoptive Resources", OAR 413-200-0270 to 413-200-0296. Statutory/Other Authority: ORS 109.119, ORS 418.005, ORS 419B.116, ORS 419B.192 & ORS 409.050 Statutes/Other Implemented: ORS 109.119, ORS 418.005, ORS 419B.116 & ORS 419B.192 History: CWP 96-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 1-2021, amend filed 01/04/2021, effective 01/04/2021 CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 9-2010, f. & cert. ef. 7-1-10 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0400 Purpose The purpose of OAR 413-030-0400 to 413-030-0460 is to describe the responsibilities of the Department for comprehensive transition planning with and providing services to a child or young adult to: (1) Obtain personal and emotional support and promote healthy relationships that can be maintained into adulthood; (2) Develop the personal life management skills necessary to function independently; (3) Receive education, training, and services necessary to lead to employment; (4) Attain academic or vocational education and prepare for post-secondary education or training; (5) Gain experience in taking responsibility and exercising decision-making control; and (6) Transition to successful adulthood. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 418.475, 419B.343 & 419B.476(3) History: CWP 2-2016, f. & cert. ef. 2-1-16 CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0410 Definitions Definitions for OAR 413-010-0400 to 413-010-0480 are in OAR 413-010-0000. Statutory/Other Authority: ORS 409.194 & 418.005 Statutes/Other Implemented: ORS 409.192 & 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07 SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-010-0430 Grievances Not Subject to These Rules (1) Except as provided in section (2) of this rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these rules (413-010-0400 to 413-010-0480) are not required in each of the following situations: (a) The individual or contract provider has requested a contested case hearing. (b) The matter, which would be the subject of the complaint review, is presently the subject of a juvenile court proceeding. (c) The individual or contract provider has initiated court action. (d) The subject matter of the complaint has been reviewed by a judge. (e) A term or condition in a contract provider's contract or agreement provides for a different process. (f) The complainant has requested review of a Child Protective Services (CPS) disposition, under OAR 413-010-0700 to 413-010-0750 (Review of Founded Dispositions), that is the subject matter of the complaint. (g) The complainant has requested review of an Adoption Committee Decision, under OAR 413-120-0060 (Review of Adoption Committee Decision), that is the subject matter of the complaint. (2) A complaint about a "reasonable modification" (see OAR 407-005-0005(10)) or a report of discrimination arising from the disability of a client (see 407-005-0005(6)) is handled as described in these rules, in 407-005-0025 and 407-005-0030, and in Department Policy DHS-010-0005, "Non-Discrimination on the Basis of Disability for Programs, Services and Activities." Statutory/Other Authority: ORS 409.194 & 418.005 Statutes/Other Implemented: ORS 409.192 & 418.005 History: CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07 SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95