reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1125 - LEDS Use for Certification Purposes in Emergency Situations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Child Welfare
			 may perform criminal records checks using the LEDS system available and use
			 LEDS information pertaining to a subject individual for the purpose of making
			 decisions about child safety, specifically related to emergency certification
			 when:
(a) The subject individual has
			 consented to Child Welfare conducting a criminal record check by signing form
			 DHS 1011F, "Consent For Criminal Records & Fingerprint Check";
(b) There is an emergent need to place a
child
or maintain a placement of a
child
, and
			 the Department Background Check Unit is unable to complete the check in
			 time;
(c) Staff refer to and comply
			 with OAR 413-120-0400  to 413-120-0475; and
(d) An allegation of
abuse
is being assessed or there is an open child welfare case.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules, OAR 413-015-1200  to 413-015-1230, is to describe Child Welfare's
			 responsibility to assess an individual for consideration as a
safety
			 service provider
and to determine whether the individual is suitable
			 as a
safety service provider
.
(2) An individual employed by an agency
			 providing services to a family through a current contract with Child Welfare is
			 not covered under these rules.
(3)
			 Requirements for the assessment of an individual for the purpose of ongoing
			 connection and support with a
child
or certification as a
resource parent
or
respite provider
are not
			 covered under these rules.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1220 - Assessment of an Individual's Involvement in Safety Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To assess an
			 individual as a safety service provider for a specific family in a protective
			 action plan, initial safety plan, or an ongoing safety plan, the CPS worker or
			 caseworker must take all of the following actions:
(a) Identify and contact an individual who is
			 a prospective safety service provider.
(b) Gather information from the individual
			 regarding his or her:
(A) Relationship with
			 the child and the child's family; and
(B) Willingness and ability to fulfill the
			 specific role and responsibilities of a safety service provider for the
			 identified family.
(c)
			 Provide the individual with information regarding the specific role and
			 responsibility of the individual to assist in managing the child's
			 safety.
(d) Search the Child
			 Welfare electronic information system and review any historic information
			 regarding the individual that may be useful in assessing the individual's
			 ability to be a safety service provider.
(e) If in an individual's role as a safety
			 service provider the individual will have contact with the child, conduct a
			 criminal records check on the individual using LEDS, provide LEDS notice as
			 described in "Access to Law Enforcement Data System in Local Child Welfare
			 Offices" OAR 413-015-1100  to 413-015-1125, and review the individual's criminal
			 history to assess the individual's ability to be a safety service
			 provider.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-1230 - Safety Service Provider Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
CPS worker
or
caseworker
must inform an individual who has been considered
			 and selected as a
safety service provider
that the individual
			 has been approved as a
safety service provider
. The
CPS worker
or
caseworker
must further inform
			 an approved
safety service provider
that the role of a
safety service provider
:
(a)
			 Is temporary; and
(b) The role or
			 responsibilities may change if Child Welfare obtains new information that
			 changes the determination that the individual is suitable to manage a child's
			 safety, prevents the individual from fulfilling the role identified in
			 assisting to manage a child's safety, or the threat to child safety changes, is
			 eliminated, or can be managed by a child's
parent
or
guardian
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-9000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 409.027, 409.050, 418.005, 418.598
Stats. Implemented: ORS 409.010, 409.027, 409.050, 409.185,
				  418.005, 418.015, 418.580, 418.598,
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-9010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  409.027,
				  409.050,
				  418.005,
				  418.598
Stats. Implemented: ORS
				  409.010,
				  409.185,
				  418.005,
				  418.015,
				  418.580,
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-9020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  409.027,
				  409.050,
				  418.005,
				  418.598
Stats. Implemented: ORS
				  409.010,
				  409.185,
				  418.005,
				  418.015,
				  418.580,
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-9030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  409.027,
				  409.050,
				  418.005,
				  418.598
Stats. Implemented: ORS
				  409.010,
				  409.185,
				  418.005,
				  418.015,
				  418.580,
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 15 - INTRODUCTION TO CPS RULES › Section 413-015-9040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  409.027,
				  409.050,
				  418.005 & 418.598
Stats. Implemented: ORS
				  409.010,
				  409.185,
				  418.005,
				  418.015,
				  418.580 &
				  419B.020
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0045 - Purpose of a Critical Incident Review Team

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of assigning a CIRT is to
			 increase child safety by:
(a) Rapidly drawing
			 lessons from a
critical incident
to improve systems
			 administered by the Department;
(b)
			 Increasing the Department's accountability to the public;
(c) Evaluating and learning from cases
			 designated as
critical incidents
;
(d) Ensuring timely responses by the
			 Department with respect to a
critical incident
and
			 recommendations that result from the
critical incident
reviews;
(e) Increasing the
			 Department's ability to address and recommend necessary changes to
			 systems.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to OAR chapter 413, division 017.
(1) "Child" means child as defined in OAR
			 413-015-0115.
(2) "Abuse" means
			 abuse as defined in OAR 413-015-0115  of a
child
.
(3) "Child protective services assessment"
			 means CPS assessment as defined in OAR 4130-15-0115.
(4) "Critical incident" means an incident
			 that resulted in the death of a child if the Department reasonably believes the
			 death was the result of child abuse and:
(a)
			 The deceased
child
was in the
custody
of the
			 Department at the time of the fatality; or
(b) The deceased
child
, the
			 deceased child's
sibling
, or any other
child
living in the household with the deceased
child
was
			 the subject of a
CPS assessment
by the Department within the
			 12 months preceding the fatality; or
(c) The
child
, the child's
sibling
, or any other
child
living in the
			 household with the
child
had a pending child welfare or
			 adoption case with the Department within the 12 months preceding the fatality;
			 or
(d) The deceased
child
, the deceased child's
sibling
, or any
			 other
child
living in the household with the deceased
child
was the subject of a report of
abuse
made to the Department or a law enforcement agency within the 12 months
			 preceding the fatality, whether the report of
abuse
was closed
			 at screening or assigned for
CPS assessment
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  418.005  & ORS
				  419B.024
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  419B.024
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0070 - Assigning a CIRT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 director or designee must assign a CIRT every time a fatality is determined to
			 be a
critical incident
.
(2) The Department must assign a CIRT no
			 later than the earlier of:
(a) Ten days after
			 the Department becomes aware of a fatality that the department reasonably
			 believes is the result of child abuse; or
(b) Seven days after the Department causes an
			 investigation under ORS
			 419B.020 to be made into the nature and cause of a fatality when the department
			 reasonably believes the fatality is the result of child abuse
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0080 - CIRT Functioning

Current through Register Vol. 63, No. 7, July 1, 2024
Functioning.
(1) CIRT
			 members must:
(a) Review all information and
			 records available to the Department regarding the
critical
			 incident
.
(b) Maintain the
			 confidentiality of information and records provided by the Department and only
			 disclose the information or record as may be necessary to carry out the
			 purposes of a CIRT's case review.
(c) Attend CIRT meetings in person,
			 telephonically, or by other two-way electronic communication.
(d) Not designate an individual to appear for
			 a meeting on a member's behalf.
(e) Conduct a case review and investigation
			 focusing primarily on the history of the safety and well being of the
child
who was involved in the incident that led to the
			 fatality and any other children who may be impacted by the circumstances
			 surrounding the incident;
(f)
			 Document and make a part of the record of the case review all the team
			 conclusions and decisions.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0085 - CIRT Final Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each CIRT
			 must submit a final report to the Department and share the report to the
			 Department's public website.
(a) Timelines for
			 the final report:
(A) The final report must be
			 submitted to the Department no later than the 100th day following the date the
			 Department appointed a CIRT.
(B)
			 The Department must publish the final report on the Department's website no
			 later than 10 days after the department receives the report from a
			 CIRT.
(C) The Department director
			 has the discretion to extend the timeline for sharing the final report to the
			 public website when:
(i) The report, even if
			 modified, will compromise a law enforcement agency investigation; and
(ii) The public interest does not
			 outweigh the potential consequences of disclosure.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 17 - CRITICAL INCIDENT RESPONSE TEAMS (CIRT) AND DISCRETIONARY REVIEWS › Section 413-017-0095 - Discretionary Review

Current through Register Vol. 63, No. 7, July 1, 2024
When a CIRT is not required under OAR 413-017-0060  and ORS
				419B.024,
				and the Department has received a report of
abuse
that has
				resulted in a
child
fatality or serious physical injury of a
child
, the Department director or designee has the discretion
				to order an internal review of the incident.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  419B.024
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  419B.024
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 413, division
				20.
(1) "Adoption assistance
			 agreement" means a written agreement, binding on the parties to the agreement,
			 between the Department and the pre-adoptive family or adoptive family of an
			 eligible child or young adult, setting forth the assistance the Department is
			 to provide on behalf of the child or young adult, the responsibilities of the
			 pre-adoptive family or adoptive family and the Department, and the manner in
			 which the agreement and amount of assistance may be modified or
			 terminated.
(2) "Adoptive family"
			 means an individual or individuals who have legalized a parental relationship
			 to the child through a judgment of the court.
(3) "Age-appropriate or developmentally
			 appropriate activities" means:
(a) Activities
			 or items that are generally accepted as suitable for children or young adults
			 of the same chronological age or level of maturity or that are determined to be
			 developmentally appropriate for a child or young adult, based on the
			 development of cognitive, emotional, physical, and behavioral capacities that
			 are typical for an age or age group; and
(b) In the case of a specific child or young
			 adult, activities or items that are suitable for the child based on the
			 developmental stages attained by the child or young adult with respect to the
			 cognitive, emotional, physical, and behavioral capacities of the child or young
			 adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-020-0005  to 413-020-0050  is to
				describe:
(1) The circumstances in
			 which parents, guardians, or
Indian custodians
and the
Department
may enter into a Voluntary Custody Agreement
			 concerning a child who is in the legal custody of the parents or guardians;
			 and
(2) The responsibilities of the
			 parents, guardians, or
Indian custodians
and the
Department
in connection with these agreements.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  109.056,
				  418.015,
				  418.270,
				  418.275,
				  418.280 &
				  418.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0010 - Voluntary Custody Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under a
Voluntary Custody Agreement
, the parent,
guardian,
or
Indian custodian
gives the
Department
the
legal custody
of the
child
. The
Department
assumes all parental
			 and legal responsibilities that the agreement does not specifically reserve to
			 the parents, guardians, or
Indian custodian
as permitted under
			 ORS 418.015 and becomes the child's
legal custodian
.
(2) It is appropriate for the
Department
to place a
child
in
substitute care
and provide services if all of the following
			 subsections apply:
(a) The parent,
guardian
or
Indian custodian
requests the
Department
take custody of the
child
.
(b) The
			 parent,
guardian or Indian custodian
is immediately and
			 temporarily unable to fulfill his or her parental responsibilities.
(c) This inability will be alleviated with
			 short-term placement when one of the following conditions exists
(A) The
child
cannot remain
			 at home due to a temporary crisis in the family, and cannot safely stay with a
			 member of the extended family or another responsible adult who is well known to
			 the
child
.
(B) The
			 parent,
guardian, or Indian custodian
is temporarily or will
			 be temporarily unable to fulfill parental responsibilities due to a diagnosed
			 medical or mental health condition.
(C) The
child
needs to be
			 placed outside the home due to problems in the family that could compromise the
			 safety of a family member, and a placement of limited duration in conjunction
			 with intensive services is likely to reunite the family and reduce safety
			 concerns.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0020 - Legal Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a
			 parent
, guardian, or Indian custodian
who has
legal
			 custody
of the
child
may enter into a
Voluntary Custody Agreement
(CF 1005).
(2) All persons who have
legal
			 custody
of the
child
must sign the agreement unless
			 one person with
legal custody
of the
child
is
			 missing.
(3) If one person with
legal custody
of the
child
is missing, all
			 other persons with
legal custody
of the
child
must sign the agreement and must provide the
Department
the
			 persons and places likely to have knowledge of the missing whereabouts. The
Department
must immediately begin a reasonably diligent search
			 to find the other person with
legal custody
of the
child
to provide them notice of the agreement.
(4) The parent
, guardian, or Indian
			 custodian
must provide information to the
Department
about insurance and other financial resources to meet the medical, dental, and
			 mental health needs of the
child
by completing the online
			 Insurance Reporting Application located at:
https://apps.oregon.gov/dhs/opar#
,
			 and to advise the Department of Human Services of insurance or other financial
			 resources to meet the medical, dental and mental health needs.
(5) If the
Department
knows
			 or has reason to know the
child
is an
Indian
			 child
, the caseworker must refer to and comply with OAR chapter 413
			 division 115 and each parent or Indian custodian who has
legal
			 custody
must sign the
Voluntary Custody Agreement
in
			 a hearing before a judge of a court with appropriate jurisdiction. The
child
must be more than 10 days old.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0025 - Developing the Family Support Services Case Plan when a Parent, Legal Guardian, or Indian Custodian Enters into a Voluntary Custody Agreement with Child Welfare

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
caseworker
must develop a family support services case plan as
			 described in OAR 413-030-0016  with the parent,
guardian, or Indian
			 custodian
who signs a
Voluntary Custody
			 Agreement
.
(2) The
caseworker
must develop a visit and contact plan as described
			 in OAR 413-070-0800  to 413-070-0880.
(3) The parent,
guardian, or Indian
			 custodian
must agree to:
(a) Full and
			 ongoing cooperation in developing the family support services case plan as
			 described in OAR 413-030-0006(2)(a)-(c)  and making decisions for the
child
based on the identified needs;
(b) Visit and financially support the
child
to the fullest extent possible; and
(c) Work cooperatively with the
Department
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0040 - Required Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
Federal and state law, including the Adoptions and Safe
				Families Act (Pub. L.
				105-89), require review of the cases of all
				children placed in
substitute care
. The
child
placed by the
Department
with a
Voluntary Custody
				Agreement
will be scheduled for Citizen Review Board and court reviews
				pursuant to OAR 413-040-0100  to 413-040-0170.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0045 - Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
determines that the
child
will
			 need placement services after reaching 18 years of age and continues a
Voluntary Custody Agreement
after the
child
reaches 18 years per ORS
			 418.027(5) if:
(a) One of the conditions in OAR
			 413-020-0010(2)(a)-(c), which led the
Department
to assume
voluntary custody
of the
child
, continues at
			 the time of the child's 18th birthday;
(b) The
young adult
agrees
			 to the
Department
's continued assumption of all parental and
			 legal responsibilities that the
Voluntary Custody Agreement
does not specifically reserve to the parent,
guardian, or Indian
			 custodian
;
(c) The
			 District Manager approves the continuation of the
Voluntary Custody
			 Agreement
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0050 - Termination of Voluntary Custody Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Either the
Department
or
			 a parent,
guardian, or Indian custodian
who signed the
			 agreement may terminate the agreement by providing 48 hours written notice. If
			 an agreement continues after the
child
reaches 18 years of
			 age, a
young adult
may terminate the agreement by providing 48
			 hours written notice.
(2) If a
			 parent,
guardian, or Indian custodian
requests the termination
			 of the
Voluntary Custody Agreement
and there is reason to
			 believe the
child
will be unsafe if returned to the home of
			 the parent,
guardian, or Indian Custodian
, the
caseworker
must report the information to a CPS
			 screener.
(3) If the withdrawal of
			 consent is by a parent,
guardian, or Indian Custodian
concerning a
child
who is an
Indian child
under the Indian Child Welfare Act, who is in
substitute care
and the subject of a "
Voluntary Custody Agreement
" with the
Department
, the following applies:
(a) The parent,
guardian
, or
Indian custodian
may withdraw consent orally or in writing at
			 any time;
(b) An
Indian
			 child
shall immediately be released to the parent,
guardian,
or
Indian custodian
upon withdrawal
			 of a voluntary consent; and
(c)
			 Notification to the court, and other actions are required when return of an
Indian child
to the parent,
guardian,
or
Indian custodian
would place the
child
in
			 imminent danger or harm.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0060 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 413-020-0060  to 413-020-0090, describe:
(1) The circumstances in which a voluntary
			 placement agreement can be requested for placement of a
child
or
young adult:
(2) The responsibilities of the parents,
			 guardians,
Indian Custodian
, or
young
adult
			 and the
Department
in connection with these
			 agreements.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.015 &
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0065 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.015,
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0070 - Voluntary Placement Agreement Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
must use
			 a
Voluntary Placement Agreement for a Child
(CF 499) under ORS
			 418.312 in all cases in which
			 the sole reason for placing the
child
in a foster home, group
			 home, or institutional child care setting is the need to obtain services for
			 the
child
's emotional, behavioral, or mental disorder or
			 developmental or physical disability.
(2) Under a
Voluntary Placement
			 Agreement
for a
Child
, the parent,
guardian,
or
Indian custodian
retains legal
			 authority over the
child
and is obligated to continue to
			 exercise and perform all parental authority and legal responsibilities, except
			 those that the parent,
guardian,
or
Indian
			 custodian
specifically delegates to the
Department
by
			 a binding agreement. The agreement specifies, while the
child
is in placement, the legal status of the
child
and the rights
			 and obligations of the parent,
guardian
,
Indian
			 Custodian,
the
child
, and the
Department
.
(a) The parent,
guardian,
or
Indian custodian
who requests
substitute care
for the
child
through a
Voluntary Placement Agreement for a Child
may enter into a
			 child support agreement with the Division of Child Support (DCS) or receive a
			 child support order.
(b) The
caseworker
must inform the parent,
guardian,
or
Indian custodian
they may enter into a non-adversarial
			 support agreement with DCS to discharge support obligations. Other, existing
			 child obligations of the parent,
guardian,
or
Indian
			 custodian
are not superseded by support agreements with DCS.
(c) The
caseworker
must
			 provide the parent,
guardian,
or
Indian
			 custodian
who signs the
Voluntary Placement Agreement
for a Child
with the "DCS Referral for Non-Adversarial
			 Support Agreement" (CF 496). The parent,
guardian,
or
Indian custodian
completes the form and returns it to the
caseworker
. If the form is not returned to the
caseworker
within 30 days, a support order may be
			 entered.
(d) The
caseworker
must forward the completed form (CF 496) and a
			 signed copy of the
Voluntary Placement Agreement for a Child
to the Children's Benefits Unit of the
Department
.
(e) The parent,
guardian,
or
Indian custodian
must provide information to the
Department
about insurance and other financial resources to
			 meet the medical, dental, and mental health needs of the
child
by completing the online Insurance Reporting Application located at:
https://apps.oregon.gov/dhs/opar#
,
			 and to advise the Department of Human Services of insurance or other financial
			 resources to meet the medical, dental and mental health needs.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0075 - Legal Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a
parent, guardian, or Indian custodian
who has
legal
			 custody
of the
child
or a
young
			 adult
on their own behalf may enter into a Voluntary Placement
			 Agreement.
(2) Persons who must
			 sign the applicable Voluntary Placement Agreement (CF499 or CF
			 499a)
,
include:
(a) All
			 persons who have
legal custody
of the
child
unless one person with
legal custody
of the
child
is missing; or
(b) The
young adult
on their
			 own behalf.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0080 - Developing the Family Support Services Case Plan and a Voluntary Placement Agreement with the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
caseworker
must prepare the applicable Voluntary Placement
			 Agreement (CF 499 or CF 499a), which must specify the legal status of the
child
or
young adult
and the rights and
			 obligations of the parent,
guardian
,
Indian
			 custodian,
the
child
, or
young
			 adult,
and the
Department
.
(2) The
caseworker
must
			 develop a family support services case plan (see OAR 413-030-0016) with the
			 parent,
guardian, Indian custodian
or
young
			 adult
who signs the applicable Voluntary Placement
			 Agreement.
(3) The
caseworker
must develop a visit and contact plan for the
child
and their parent,
guardian,
or
Indian custodian
as described in OAR 413-070-0800  to
			 413-070-0880.
(a) If a parent,
guardian,
or
Indian custodian
is requesting
			 and signing the
Voluntary Placement Agreement
for a
			 Child (CF 499)
they must agree to:
(b) Full and ongoing participation in the
			 family support services case plan described in OAR 413-030-0006(2)(a)-(c)  and
			 in making decisions for the
child
based on the child's
			 identified needs;
(c) Visit and
			 financially support the
child
to the fullest extent possible;
			 and
(d) Work cooperatively with the
Department
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0085 - Required Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
Federal and state law, including the Adoptions and Safe
				Families Act (Pub. L.
				105-89), require review of the cases of all
				children and young adults in
substitute care
. The
child
or
young adult
placed through the
Department
by a Voluntary Placement Agreement will be
				scheduled for Citizen Review Board and court reviews pursuant to OAR
				413-040-0100  to 413-040-0170. Under state law:
(1) When the
child
or
young adult
remains in voluntary placement for more than 180
			 days, the juvenile court must make a determination within the first 180 days of
			 the placement that the placement is in the best interests of the
child
or
young adult
.
(2) The juvenile court must hold a permanency
			 hearing as provided in ORS
			 419B.476 to determine the future
			 status of the
child
or
young adult
no later
			 than 14 months after the
child
or
young
			 adult
's original voluntary placement and not less frequently than once
			 every 12 months thereafter during the continuation of the
child
or
young adult
's original voluntary
			 placement.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.015 &
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0090 - Termination of Voluntary Placement Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Either the
Department
or
			 a parent,
guardian,
Indian custodian
or
young adult
who signed the applicable Voluntary Placement
			 Agreement may terminate the agreement by providing 48 hours written notice. If
			 applicable, the child support agreement may be terminated at the same time by
			 sending a copy of the written termination notice to the Children's Benefits
			 Unit of the
Department
.
(2) If the parent,
guardian,
or
Indian custodian
requests the termination of the
Voluntary Placement Agreement
for a Child
and
			 there is reason to believe the
child
is unsafe, the
caseworker
must report the information to a CPS
			 screener.
(3) OAR 413-115-0100(6)
 
			 governs the withdrawal of consent by a parent,
guardian,
or
Indian custodian
concerning an
Indian child
who is in
substitute care
and the subject of a
Voluntary Placement Agreement for a Child
with the
Department
.
(4) A
Voluntary Placement Agreement for a Child
signed by a parent,
guardian,
or
Indian custodian
ends when the
child
reaches 18 years of age but a
young
			 adult
can enter into a new
Voluntary Placement Agreement for a
			 Young Adult
if the criteria in OAR 413-020-0070(2)  are met.
(5) A
Voluntary Placement Agreement
			 for a Young Adult
signed by a
young adult
ends when
			 the
young adult
reaches 21 years of age or due to the
young adult's
noncompliance with program
			 conditions.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.015, ORS
				  418.312 & ORS
				  419C.080
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-020-0100  through 413-020-0170  is
				to:
(1) Define the Department's
			 authority as guardian and legal custodian of children in its care or in the
			 care of its agents;
(2) Specify how
			 that authority will be exercised by the Department and its agents;
			 and
(3) Specify requirements to be
			 met when this authority is exercised.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.640 & ORS
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.640 & ORS
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0120 - Responsibility of Staff to Secure a Legal Consent

Current through Register Vol. 63, No. 7, July 1, 2024
When the legal consent is needed from a
young adult
or the parent
, guardian, or Indian custodian
for a
child
in the care and custody of the
Department
, the
caseworker
shall secure the
				consent of the person authorized to approve the proposed service or activity.
				Relevant information shall be provided to the authorized person to assure the
Department
's authority to consent, the need for and
				advisability of the service or activity and, when feasible, the concurrence of
				parents,
guardian, or Indian custodian
and physical
				custodians.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  109.640 &
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0130 - Department Authority in Voluntary Placement and Voluntary Custody Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
parent, guardian, or Indian custodian
of a
child
authorizes a voluntary placement with the
Department
, the
parent, guardian, or Indian
			 custodian
remains
guardian
of the
child
and retains legal authority, and is obligated to
			 continue to exercise and perform all parental duties and legal responsibilities
			 except those delegated to the
Department
by the signed
Voluntary Placement Agreement for a Child (
CF
			 499)
.
(2) When a
young adult
authorizes voluntary placement of themselves
			 through the
Department
, the
young adult
retains legal authorities and responsibilities except those delegated to the
Department
by the signed
Voluntary Placement Agreement
			 for a Young Adult (
CF499A).
(3) In the event the parent,
guardian,
or
Indian custodian
is unavailable
			 or unwilling to fulfill the responsibilities of a
guardian
,
			 the
Department
will petition the Juvenile Court and request
			 authority to provide essential services to the
child
.
(4) When a
child
is in the
voluntary custody
of the
Department
, the
Department
or the
physical custodian
exercises the authority of a
legal
			 custodian
as assigned in the CF 1005
Voluntary Custody
			 Agreement
.
(5) Voluntary
			 custody agreements are covered in OAR 413-020-0005  to 413-020-0050  and
			 voluntary placement agreements are covered in OAR 413-020-0060  to
			 413-020-0090.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  109.640 &
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0140 - Exercise and Delegation of Legal Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department has
legal
			 custody
of a
child
through a
Voluntary
			 Custody Agreement
, a court order, or a Release and Surrender
			 Agreement, the Department will exercise its authority through Department staff
			 and through delegation to other persons as described in this rule.
(2) Physical Custodian. The Department
			 delegates the following responsibilities to the
physical
			 custodian
. This delegation continues as long as the
child
or
young adult
is in the
legal
			 custody
of the Department and resides with the
physical
			 custodian
. Any exception to this rule must be given in writing to the
			 custodian of the
child
or
young adult
and a
			 copy will be maintained in the
child
or young adult's case
			 record with the Department. The Department will delegate to the child's
physical custodian
its authority to consent to:
(a) Enrollment and disenrollment of the
child
or
young adult
in regular public
			 school; assisting with selecting or changing class schedules; authorizing
			 absence from school; and enrollment in free and reduced meal programs. Consent
			 for standardized testing and assessment. Assessment and implementation of
			 special education, unless the
child
or
young
			 adult
has a surrogate parent assigned (see OAR 581-015-2000). School
			 pictures, except those listed under subsection (2)(b) of this rule;
(b) Routine medical care and dental care,
			 including vaccinations and immunization; routine examinations and lab
			 tests;
(c) Short term inter-county
			 travel;
(d) Application for work
			 permits or releases; and
(e)
			 Participation of the
child
or
young
adult
in ag
e-appropriate or developmentally
			 appropriate activities
, including extracurricular, enrichment,
			 cultural, and social activities. When determining whether to allow a
child
or
young
adult
to
			 participate, the
physical
custodian
must
			 apply the
reasonable and prudent parent standard
. When
			 applying the
reasonable and prudent parent standard
, the
physical
custodian
must consider:
(A) The age, maturity, and developmental
			 level of the
child
or
young
adult
;
(B) The
			 nature and inherent risks of harm; and
(C) The best interest of the
child
or
young
adult
based
			 on information known by the caregiver.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0150 - Exercise and Delegation of Guardian Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
Department
has
legal custody
of a
child
or
young
			 adult
through a court order in which the
Department
has specifically been given guardianship, or a Release and Surrender Agreement,
			 the
Department
will exercise its authority through
Department
staff as described in this rule.
(2) District Manager or Designee: may
			 exercise the
Department's
authority to consent to the
			 following actions with respect to child or young adult served by that district:
(a) Enlistment of a
child
or
young adult
in the Armed Forces or the Job Corps;
			 and
(b) Marriage.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0160 - Actions Not Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Department employee may not consent to educational planning which is defined as
			 the responsibility of a parent or surrogate parent (see OAR 581-015-2000).
(2) A Department employee or agent
			 may not exercise the Department's authority to give consent to the purchase of,
			 or ownership of, a motor vehicle by a child in legal custody of the Department.
			 This prohibition does not prevent a child in the legal custody of the
			 Department from exercising the right to purchase or own a motor vehicle on his
			 or her own account.
(3) A
			 Department employee may not co-sign or counter-sign any purchase contract for a
			 child or young adult in the Department's custody.
(4) A Department employee may not accept
			 responsibility or serve as conservator of a child or young adult's property or
			 estate.
(5) A Department employee
			 or agent may not consent to the sterilization of a child or young adult, except
			 pursuant to ORS chapter 436, and to save the child or young adult's
			 life.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.640 &
				  418.312
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0170 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department acknowledges the right of a minor 15 years of age or older to
			 consent to hospital care, medical and surgical diagnosis, or treatment without
			 the consent of the
parent, guardian, or Indian custodian
see
			 ORS 109.640).
(2) The Department acknowledges the right of
			 a minor 14 years of age or older to obtain, without parental knowledge or
			 consent, outpatient diagnosis or treatment of a mental or emotional disorder or
			 chemical dependency, excluding methadone maintenance, by a physician (see ORS
			 109.675).
(3) Whenever Department staff exercise the
			 agency's authority to authorize actions described as the responsibility of a
			 guardian under these rules, Department staff must:
(a) Consider the impact of the proposed
			 action upon the welfare of the child, the child's family and the community
			 prior to deciding whether to consent to or authorize the proposed
			 action;
(b) Consult with the
			 physical custodian of the child;
(c) When the child is not in the permanent
			 custody of the Department, make reasonable efforts to consult the child's
			 parents or guardians about the action proposed and consider the parents or
			 guardians' preference concerning the action proposed prior to making a decision
			 to consent to or authorize the proposed action unless there is cause to believe
			 such consultation will be detrimental to the child; and
(d) Prepare a brief written record of the
			 circumstances of the action consented to whenever the Department provides a
			 written consent for actions defined as the responsibility of a guardian. The
			 written record and a copy of any consent made in writing will be filed in the
			 child's case record.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-020-0200  to 413-020-0255, is to describe
				the responsibilities of the Department to:
(1) Identify the supervision needs of a child
			 or young adult in substitute care with a certified family;
(2) Develop a supervision plan describing the
			 actions and activities provided by a certified family, the Department, and
			 other individuals to meet the child or young adult's need for enhanced
			 supervision;
(3) Conduct a CANS
			 screening to determine the child's or young adult's eligibility for a level of
			 care payment for the purpose of negotiating or renegotiating guardianship
			 assistance pursuant to OAR 413-070-0900  to 413-070-0974  or negotiating or
			 renegotiating adoption assistance pursuant to OAR 413-130-0000  to
			 413-130-0130.
Statutory/Other Authority: ORS 418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0210 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005 &
				  418.340
Stats. Implemented: ORS
				  418.005,
				  418.330,
				  418.335 &
				  418.340
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0230 - Referral for and Review of the CANS Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must complete a CANS screening referral for a child or young adult in its legal
			 custody:
(a) Within the first 21 days of a
			 child's initial placement in substitute care with a certified family;
(b) When the
child
or
young adult
has continuously lived with a
certified
			 family
, ten months from the date of the most recent
CANS
			 screening
and annually thereafter, and the certified family has
			 received a level of care payment; unless section (2) of this rule applies;
			 or
(c) Unless section (2) of this
			 rule applies, five business days after a child or young adult, whose initial
			 placement in substitute care was a BRS placement, moves to the home of a
			 certified family.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0230 - Referral for and Review of the CANS Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must complete a CANS screening referral for a child or young adult in its legal
			 custody:
(a) Within the first 21 days of a
			 child's initial placement in substitute care with a certified family;
(b) When the child or young adult has
			 continuously lived with a certified family, ten months from the date of the
			 most recent CANS screening and annually thereafter, unless section (2) of this
			 rule applies. Effective November 17, 2017, all children entering foster care
			 and in the Department's legal custody, regardless of level of care, must be
			 referred as described in this subsection; or
(c) Unless section (2) of this rule applies,
			 five business days after a child or young adult, whose initial placement in
			 substitute care was a BRS placement, moves to the home of a certified
			 family.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0233 - When a Supervision Plan is Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
caseworker
must
			 develop a
supervision plan
with the
certified
			 family
with whom the
child
or
young
			 adult
lives within 30 days of:
(a)
			 The receipt of the
CANS screening
results that indicates
enhanced supervision
is necessary to maintain the safety and
			 support the well-being of the
child
or
young
			 adult
and the
child
or
young adult
qualifies for a
level of care payment
; or
(b) When a
child
or
young adult
who has
enhanced supervision
needs and is receiving a level of care moves from one
certified
			 family
to another
certified family
.