Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0512 - Development and Review of the Permanency Plan and Concurrent Permanent Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When developing
			 the permanency plan and concurrent permanent plan, the caseworker must complete
			 all of the following actions:
(a) Develop a
			 permanency plan and a concurrent permanent plan for each child or young adult
			 in the Department's custody within 60 days of the placement of the child or
			 young adult into substitute care.
(b) Review the plan every 90 days, pursuant
			 to OAR 413-040-0005  to 413-040-0032.
(c) Involve a team of individuals
			 knowledgeable about the needs of the child or young adult in the development
			 and ongoing assessment of the most appropriate permanency plan and concurrent
			 permanent plan for the child or young adult. The team must include all of the
			 following:
(A) The parents, unless a
			 supervisor approves not including a specified parent because the contact may
			 compromise the safety of a child or young adult or another individual; parental
			 rights have been terminated; or the parent has signed a release and surrender
			 agreement.
(B) The attorney of the
			 parents, unless parental rights have been terminated or the parents have signed
			 a release and surrender agreement.
(C) The child who has attained 14 years of
			 age or young adult and, at the option of the child or young adult, up to two
			 members of the case planning team who are chosen by the child or young adult as
			 described in OAR 413-040-0010(3)(c).
(D) The CASA.
(E) The attorney of the child or young
			 adult.
(F) A representative of the
Indian child's
tribe
, if there is
reason to know
the
child
is an
Indian
			 child
pursuant to OAR 413-115-0060.
(G) A member of the RCWAC, if the child is a
			 refugee child.
(H) The team may
			 include any of the following:
(i) The child
			 at any age, whenever developmentally appropriate.
(ii) The substitute caregiver of the child or
			 young adult.
(iii) The substitute
			 caregiver's certifier.
(iv) The
			 relatives of the child or young adult.
(v) Persons with a caregiver
			 relationship.
(vi) Other
			 individuals with involvement in the life of the child or young adult.
(vii) Individuals with expertise in
			 permanency.
(d) Use ongoing contacts with the individuals
			 in subsection (c) of this section to:
(A)
			 Monitor the progress toward achieving the permanency plan.
(B) Provide the child or young adult, and the
			 parents of the child or young adult, the opportunity to identify available
			 permanency resources should reunification not be achievable.
(C) Review the efforts to identify and place
			 the child or young adult with a relative or person with a caregiver
			 relationship and to place siblings together.
(D) Consider the parents' acceptance of a
			 plan other than reunification and their preference for continued contact with
			 the child or young adult.
(E)
			 Identify and consider which concurrent permanent plan best meets the current
			 and lifelong safety, permanency, and well-being needs of the child or young
			 adult in the following preferential order:
(i)
Tribal customary adoption,
if the
Department
knows or has
reason to know
that the
child
is
			 an
Indian child
and when the
Indian child's
			 tribe
consents to the
tribal customary
			 adoption
.
(ii)
			 Adoption.
(iii) Guardianship, which
			 may be considered only when there are compelling reasons why adoption cannot be
			 achieved.
(iv) Placement with a fit
			 and willing relative, which may be considered only when there are compelling
			 reasons why adoption or guardianship cannot be achieved.
(v) If the child has reached the age of 16,
			 Another Planned Permanency Living Arrangement, which may be considered only
			 when there are compelling reasons why adoption, guardianship or placement with
			 a fit and willing relative cannot be achieved.
(e) Determine the Department has taken action
			 on the potential permanency resources identified by the child or young adult,
			 the family of child or young adult, a member of the team of the child or young
			 adult, or the Department.
(f)
			 Determine which permanency plan best meets the safety, permanency, and
			 well-being needs of the child or young adult and provides the child or young
			 adult with support and connection in adulthood, and document the basis for the
			 determination.
(g) Submit a
			 recommendation to the
permanency committee
as required in OAR
			 413-070-0516, unless the proposed
permanency plan
is
tribal customary adoption
, which does not require the review
			 of the
permanency committee
, or the Central Office
			 Guardianship Committee as required in OAR 413-070-0668.
(h) Obtain the approval of a
legal
			 assistance specialist
before recommending to the court a change of the
permanency plan
to
adoption
.
(i) Consult with the
Indian
			 child's
tribe
about their preferred
permanency plan
and, if the tribe's preferred
permanency plan
is
tribal customary adoption
,
			 obtain the approval of the
Indian child's tribe
before
			 recommending to the court a change of the
permanency plan
to
tribal customary adoption
.