justicedao/ipfs_state_laws huggingface dataset:
413-030-0023 Contact and Monitoring Requirements for a Family Support Services Case Plan (1) The caseworker must monitor the family support services case plan and terminate Department involvement in a timely manner. (2) The caseworker is responsible for all of the following actions: (a) Monthly face-to-face contact and communication with each parent, guardian Indian custodian, young adult, or former foster child about progress toward achieving service goals unless an exception to parent, guardian, or Indian custodian contact as described in OAR 413-080-0054(3)(b) is approved. (b) Monthly face-to-face contact with the child required under OAR 413-080-0054. (c) Regular contact with service providers a minimum of once every 90 days, including monitoring the services provided through the family support services case plan (d) Monitoring the visitation and contact plan when the child is in substitute care . (e) Monitoring progress toward achieving service goals. (f) Ensuring completion of the actions and activities that are the responsibility of the Department. (g) Timely response to issues that may impact the safety of the child that become known to the caseworker. (3) The caseworker must document in the Department’s electronic information system: (a) Observations made by the caseworker during each visit, and behaviors, conditions, or circumstances of the family, young adult, or former foster child that support the continuation of the family support services case plan ; and (b) Reports from each service provider on progress of the family, child , young adult or former foster child in meeting the service goals of the family support services case plan . Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07
413-030-0026 Family Support Services Case Plan Review (1) The family support services case plan must be reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents, guardians , Indian custodian, young adult, or former foster child. The meeting may include the child , service providers, attorneys, family members, and the substitute caregiver when the child or young adult is in substitute care . (2) During the case plan review, the caseworker assesses and determines the progress that has been made in achieving the service goals of the case plan . (3) If a parent , guardian , Indian custodian, young adult or former foster child is not available for the review, the reason must be documented in the Department’s electronic information system. (4) Within 30 calendar days of receiving an expert evaluation requested by the Department, the caseworker must consider revising the family support services case plan to include the recommendations of the expert evaluation . If the caseworker does not implement the recommendations of the expert evaluation , the caseworker must document the reasons for not implementing the recommendations. (5) Subsequent to the face-to-face meeting, the caseworker documents all of the following in the Department’s electronic information system: (a) The services currently provided and the progress of the parents, guardians, Indian custodian, young adult or former foster child in achieving service goals. (b) Observations of improved behaviors, conditions, or circumstances that have measurably changed. (c) Written or verbal reports from the child , service providers, attorneys, family members, and the substitute caregiver when the child or young adult is in substitute care regarding services currently provided and the progress of the parent , guardian , Indian custodian, young adult, or former foster child in achieving service goals. (6) The Child Welfare supervisor approves and documents approval of the family support services case plan review. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07
413-030-0030 Closing a Family Support Services Case Plan The caseworker closes a family support services case plan when: (1) The parent , guardian , Indian custodian, young adult, former foster child , or the Department indicates the service objectives have been achieved; (2) The parent , guardian, Indian custodian, young adult , or former foster child states that they are withdrawing the request for voluntary family support services; (a) The caseworker has unsuccessfully attempted to contact the parent , guardian , Indian custodian, young adult or former foster child , after diligent efforts, as documented in the Department's electronic information system; (b) The Department, the parent , guardian , Indian custodian, young adult or former foster child determines that the family support services case plan is no longer appropriate or effective; (c) The child , who had been voluntarily placed in substitute care because a parent, guardian, or Indian custodian had requested voluntary placement of the child , has returned to the home; (d) The young adult, who voluntarily placed themselves in substitute care no longer requires substitute care; (e) The court dismisses a pre-adjudicated delinquent child from Department custody; or (f) Another community service resource accepts responsibility for providing services to the child , young adult, former foster child , or family. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 4-2007, f. & cert. ef. 3-20-07 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0200 Purpose (1) The purpose of OAR 413-030-0200 to 413-030-0220 is to emphasize that the child’s safety is the paramount concern in determining substitute care eligibility. (2) The Department is responsible for determining if a child in the legal custody of the Department or a young adult entering into a Voluntary Placement Agreement for a Young Adult will be placed or continued in substitute care placement in accordance with statutes, administrative rules, agency procedures, and placement practice guidelines. OAR 413-030-0200 to 413-030-0220 specify the minimum criteria for the substitute care classification and placement under any type of substitute care program licensed or certified by the Department. Additional criteria are outlined in rules for specific substitute care programs. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, 418.015 – 418.315 & 419B.331 419B.349 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 4-2003, f. & cert. ef. 1-7-03 SOSCF 21-1999, f. & cert. ef. 10-6-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0220 Eligibility for Substitute Care After Age 18 (1) A young adult continues to be eligible for substitute care until the young adult turns 21 years of age if the young adult has met the criteria in OAR 413-030-0210 and this rule or if the young adult has entered into a Voluntary Placement Agreement for a Young Adult with the Department after reaching the age of 18 as outlined in OAR 413-020-0060 through 0090. (2) Under the following conditions the Department may continue to provide placement services until the youth has reached 21 years of age: (a) The young adult is: (A) Completing their secondary education or a program leading to an equivalent credential; (B) Enrolled in an institution that provides post-secondary or vocational education; (C) Participating in a program or activity designed to promote or remove barriers to employment; (D) Employed for at least 80 hours per month; or (E) Determined to be unable to perform any of the activities in paragraphs (A) to (D) of this subsection due to a physical condition, mental disability or physical disability documented by medical evidence (b) The caseworker reviews the young adult’s transition plan with the young adult as described in OAR 413-030-0449 and: (A) The caseworker determines, in collaboration with the young adult , that to remain in the care and custody of the Department is in the best interest of the young adult ; (B) The determination and supporting factors are reflected in the case and youth transition plans and documented in the Department’s electronic information system; and (C) The plan is approved by the Child Welfare program manager or designee. (3) The Child Welfare program manager or designee may approve an exception to the requirements in (2)(a) of this rule when: (a) The young adult experiences a temporary loss in employment or other financial support; (b) The young adult requests maternity leave that is approved by her attending physician; (c) Short-term medical leave is approved by the young adult’s attending physician; or (d) Any other reason(s) approved by the Child Welfare program manager or designee and the Foster Care and Youth Transitions manager or designee. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 418.015 – 418.315, ORS 419B.331 – 419B.349, 42 U.S.C. §§ 671-679b & 25 U.S.C. §§ 1901–1963 History: CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023 CWP 114-2020, minor correction filed 02/20/2020, effective 02/20/2020 CWP 16-2019, amend filed 02/19/2019, effective 02/19/2019 CWP 115-2018, temporary amend filed 11/19/2018, effective 11/19/2018 through 05/17/2019 CWP 23-2018, amend filed 03/27/2018, effective 03/27/2018 CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 4-2003, f. & cert. ef. 1-7-03 SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 17-2000, f. & cert. ef. 7-25-00 SOSCF 21-1999, f. & cert. ef. 10-6-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0300 Purpose The purpose of OAR 413-030-0300 to 413-030-0320 is to describe the eligibility criteria for the program classification of adoption. The adoption program classification is used to describe the services provided to a child placed in an approved adoptive home for the purpose of adoption. This includes agency adoptive placements and courtesy placement supervision of a child placed in Oregon by an out of state adoption agency. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 – 109.310, 418.005 & 418.270 – 418.285 History: CWP 19-2015, f. & cert. ef. 10-1-15 SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0310 Eligibility for Adoption Program To be eligible for the program classification of adoption, a child must be in a living situation that is officially considered an adoptive placement. The following are considered eligible for the program classification: (1) Children fully free for adoption and placed in an approved adoptive home are classified as adoption from the time the placement is approved until the adoption is completed or disrupted. (2) Children receiving courtesy supervision for an adoptive placement initiated in another state through the Interstate Compact. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 – 109.310, 418.005 & 418.270 – 418.285 History: CWP 19-2015, f. & cert. ef. 10-1-15 SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0320 Eligibility for the Adoption Program Classification Ends Eligibility for the adoption program classification ends when: (1) SOSCF gives consent for adoption of a child in SOSCF's permanent custody, and the adoption is legalized; (2) The child is removed from an approved adoptive placement; (3) The adoptive applicants or SOSCF decides an adoption will not be legalized even though the child is not removed from the home; and (4) When supervision of an adoptive placement provided as a courtesy service for an adoption agency in another state is no longer needed. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305-310 & 418.270 - 418.285 History: SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-030-0400 Purpose The purpose of OAR 413-030-0400 to 413-030-0460 is to describe the responsibilities of the Department for comprehensive transition planning to support all children, young adults and former foster children who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as: (1) Obtaining a high school diploma or GED and post-secondary education, career exploration, vocational training, job placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction), substance abuse prevention, and preventative health activities (including smoking avoidance, nutrition education, and sexual/reproductive health; (2) Achieve meaningful, permanent connections with a caring adult; (3) Achieve and maintain connections to culture and community; (4) Engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience, and (5) Provide financial, housing, counseling, employment, education and other appropriate support and services to young adults and former foster children to complement their own efforts and control over decision-making to achieve self-sufficiency, and to assure that they recognize and accept their personal responsibility for preparing for and then making the successful transition from adolescence to adulthood. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 418.475, ORS 419B.343 & ORS 419B.476(3) History: CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021 Reverted to CWP 16-2009, f. & cert. ef. 11-3-09 CWP 25-2015(Temp), f. & cert. ef. 11-24-15 thru 5-21-16 CWP 16-2009, f. & cert. ef. 11-3-09 SOSCF 1-2002, f. & cert. ef. 1-22-02
413-030-0430 Youth Transition Services Array The range of services available through the Department to an eligible child, young adult or former foster child transitioning to independent living includes: (1) Skill building services, which may include the following: (a) Instruction in basic living skills such as money management, home management, consumer skills, legal issues, sexual and reproductive health, parenting, health care, access to community resources, employment readiness, transportation, educational assistance, and housing options; (b) Educational and vocational training support such as high school diploma or GED preparation, post-secondary education and academic support, job readiness, and job search assistance and placement programs; (c) Training, workshops and conferences, individual and group skills building for improved self-esteem and self-confidence, self-determination and interpersonal and social skills training and development; and (d) Promote permanence through the development of healthy relationships, cultural connection, community networks and supports to transition successfully to independence and adulthood. (2) The independent living housing subsidy. (3) Chafee housing. (4) Education and training grants to provide assistance with the costs of a post-secondary education or training program. (5) Youth Transition discretionary funds to provide limited financial assistance in meeting the transition goals to independence and adulthood. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 81-2023, minor correction filed 07/26/2023, effective 07/26/2023 CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021 CWP 16-2009, f. & cert. ef. 11-3-09 SOSCF 1-2002, f. & cert. ef. 1-22-02
413-030-0449 Review of the Comprehensive Transition Plan (1) The caseworker must monitor the implementation of the comprehensive transition plan and make reasonable efforts to ensure timely and appropriate services identified in the comprehensive transition plan are made available. (2) The caseworker is responsible for regular review of the goals and services of the comprehensive transition plan during the following contacts: (a) Monthly face-to-face contacts as required under OAR 413-080-0054; and (b) The 90-day case plan review with the child or young adult as required under OAR 413-040-0016. (3) Subsequent to the review of the comprehensive transition plan under subsection (2)(b) of this rule, the caseworker must document in the Department's information system: (a) The progress in achieving the comprehensive transition plan goals; (b) Any barriers and plans to address the barriers; (c) Any changes in the comprehensive transition plan made with the child or young adult; and (d) Notification to service providers of changes to the comprehensive transition plan. (4) The supervisor must review and approve the documentation of the comprehensive transition plan review as a part of the required case plan review. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.005, ORS 418.475, ORS 419B.343 & ORS 419B.476 History: CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 16-2009, f. & cert. ef. 11-3-09
413-030-0456 Health Care Notifications, Credit Reports, and Data Tracking (1) The Department must notify any child or young adult over 17 years, six months of age in the care or custody of the Department of the following information regarding health care treatment: (a) The importance of designating another individual to make health care treatment decisions on their behalf if they become unable to participate in such decisions and does not have or does not want a relative who is otherwise authorized under state law to make such decision; and (b) The option to execute a health care power of attorney, health care proxy, or other similar document recognized under state law. (2) The Department must ensure any child 14 years of age or older and in the care or custody of the Department: (a) Annually receives a copy of a consumer credit report when one exists; and (b) Receives some assistance in interpreting the credit report and resolving any inaccuracies in that report. (c) Offer assistance to young adults to obtain a copy of a consumer credit report when one exists, provide support to the young adult in interpreting the credit report and resolving any inaccuracies in that report. (3) National Youth in Transition Database (NYTD) Requirements. The Department must collect and track independent living type services and outcome data as follows: (a) Served population: The Department will report all independent living type services paid for or provided by the Department during the six month reporting periods under the NYTD timelines. (b) Baseline population: The Department will report outcome data by conducting a survey with every child 17 years of age , within the 45 days following the child’s 17th birthday, in the care or custody of the Department; and (c) Follow up populations: The Department will report outcome data by conducting follow up surveys of the young adults or former foster children surveyed under subsection (b) of this section at ages 19 and 21. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.475, ORS 419B.343 & ORS 419B.476 History: CWP 21-2021, amend filed 09/30/2021, effective 10/01/2021 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13
413-040-0005 Purpose The purpose of OAR 413-040-0000 to 413-040-0032 is to describe the activities required to: (1) Complete a protective capacity assessment; (2) Use the Family Engagement Meeting; (3) Develop a case plan; (4) Develop an action agreement; (5) Monitor the case plan; (6) Review and revise the case plan; (7) Determine when conditions for return have been met; and (8) Close the ongoing safety plan and close the case. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.010 & ORS 418.005 History: CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 18-2008, f. & cert. ef. 8-1-08 CWP 4-2007, f. & cert. ef. 3-20-07 CWP 31-2003, f. & cert. ef. 10-1-03 SOSCF 15-1998, f. & cert. ef. 7-27-98 SCF 4-1997, f. 6-19-97, cert. ef. 6-28-97 SCF 8-1996(Temp) , f. 11-27-96, cert. ef. 12-1-96
413-040-0011 Requirements of Action Agreements (1) The Department develops a time-limited action agreement in conjunction with the case plan. If sufficient resources are available, the action agreement must use culturally appropriate services and service providers whose interventions are focused on the achievement by the parents or guardians of the expected outcomes identified in the case plan. (2) The caseworker must ensure the action agreement includes all of the following: (a) A minimum of one of the expected outcomes in the case plan. (b) The specific activities or services required to achieve the expected outcome. (c) Participants and the responsibilities of each participant. (d) Anticipated start and completion dates. (e) If appropriate, identification of an order of the court that relates to the expected outcome or specified activities or services. (f) The method of measuring progress. (g) A timeline for review. (3) A caseworker may develop sequential action agreements with a parent or guardian, and each action agreement must include the information required in section (2) of this rule. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 1-2013, f. & cert. ef. 1-15-13 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
413-040-0014 Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management (1) A caseworker may replace an identified impending danger safety threat or add a new impending danger safety threat to an ongoing safety plan during ongoing case management. (a) A caseworker may replace an identified impending danger safety threat when: (A) The Department determines the incorrect impending danger safety threat was identified during the CPS assessment in error; or (B) After completing a protective capacity assessment, receiving evaluations, or based on other new information, the Department determines there is an impending danger safety threat that more accurately describes the family behaviors, conditions, or circumstances. (b) A caseworker may add an impending danger safety threat to an ongoing safety plan during ongoing case management when a change occurs in the family behaviors, conditions, or circumstances that is not a new allegation of abuse or neglect, but indicates a new impending danger safety threat is present. (2) Prior to adding a new impending danger safety threat, the caseworker must: (a) Apply the safety threshold criteria as outlined in OAR 413-015-0425(2)(a) to (e), assure all five criteria are met and, if so, document in the Department’s electronic information system the application of the safety threshold criteria and how the impending danger safety threat is occurring; and (b) Review and update as necessary the ongoing safety plan, conditions for return, and protective capacities and complete the activities outlined in OAR 413-040-0006. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010 & 418.005 History: CWP 19-2015, f. & cert. ef. 10-1-15