reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0820 - Handling DCS Case Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may obtain an absent parent's place of residence and demographic
			 information from a child support case to be used for the administration of
			 Department programs. This information may be entered in the Department's
			 electronic information system when verified. However, child support case
			 screens may not be printed or reproduced.
(2) The Department may make application
			 through the Federal Parent Locate Service for the purpose of establishing
			 paternity and enforcement when an absent parent's whereabouts are not readily
			 available through an existing paternity establishment or child support
			 case.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: PL 93.647, ORS
				  25.010 - 120 &
				  180.320 - 370,
				  419B
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0830 - Paternity and Parentage Establishment

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will refer substitute care cases to DCS for
				establishment of parentage under any of the following circumstances:
(1) Only one parent is listed on the child's
			 birth record; or
(2) The
			 Department has not begun the parentage establishment process through genetic
			 testing.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: PL 93.647, ORS
				  25.010 - 120 &
				  180.320 -
				  370
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0840 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: PL 93.647, ORS
				  25.010 - 120, ORS
				  180.320 -
				  370
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0850 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: PL 93.647, ORS
				  25.010 -
				  25.120,
				  180.320 -
				  180.370
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0900 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.050,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0905 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0910 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.050,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0915 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0920 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.050,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0925 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.050,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0930 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  326.575,
				  336.187,
				  409.010,
				  418.005,
				  419B.045,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0935 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  339.147,
				  339.155,
				  409.050 &
				  418.005
Stat. Implemented: ORS
				  339.133,
				  339.147,
				  339.155,
				  409.050,
				  418.005,
				  419B.192 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0940 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.050,
				  418.005,
				  419B.192,
				  419B.220 &
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules, OAR 413-105-0000  to 413-105-0090,
				is to describe the activities required to:
(1) Ensure that regular education and special
			 education services are provided to promote academic achievement of a child or
			 young adult in the care and custody of the Department; and
(2) Ensure that public preschool education,
			 early intervention education programs, and appropriate post-secondary education
			 or training opportunities are explored for an eligible child or young adult in
			 the care or custody of the Department.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  409.050, ORS
				  419B.192,
				  ORS
				  419B.220  & ORS
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0020 - Role of the Department in the Education of a Child or Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 promotes the academic achievement of a child or young adult by participating as
			 a member of the team that performs the academic planning and goal setting for
			 the child or young adult. The caseworker works collaboratively with the parent
			 or legal guardian whenever appropriate; Tribes; the local school district and
			 school officials; the substitute caregiver; the surrogate parent, if one is
			 appointed; the CASA and attorney of the child or young adult; local school
			 district foster care point of contact; and service providers involved in the
			 case plan of the child or young adult, as appropriate, in order to ensure
			 school enrollment and promote academic achievement.
(2) The Department must verify that the child
			 or young adult's enrollment in a school program is permitted by Oregon law or
			 other state law if the child or young adult is placed in another state through
			 the Interstate Compact on the Placement of Children.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  419B.192,
				  ORS
				  419B.220,
				  ORS
				  419B.343  & ORS
				  326.575
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0030 - Ensure a Child or Young Adult's Enrollment in School or Educational Setting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child or
			 young adult in substitute care is required to be enrolled in school pursuant to
			 ORS
			 339.010 and
			 339.020 unless:
(a) A
child
or
young adult
has achieved high school graduation; or
(b) An exemption from ORS
			 339.030 applies.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0040 - Consent for School Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Once the Department has determined the child's or young adult's
				school or educational setting, the substitute caregiver may give permission for
				the child or young adult to attend school-related activities such as, but not
				limited to, school enrollment, field trips within the state of Oregon, routine
				social events, sporting events, photographs, and cultural
				events.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  419B.192,
				  ORS
				  419B.220  & ORS
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0050 - Consent for Special Education Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child or young adult is in the
			 care and custody of the Department, and there is reason to believe the child or
			 young adult has a disability under the Individuals with Disabilities Education
			 Act,
			 20 USC §§
									1400 et seq., or the Oregon Department of
			 Education administrative rules regarding special education (OAR 581, Division
			 15), the parent or surrogate parent, if designated, makes education decisions
			 for the child or young adult.
(2)
			 If a surrogate parent has not been appointed, or if more than one person is
			 qualified to make special education decisions for the child, the caseworker may
			 ask the court to determine the education decision maker.
(3) Persons who qualify to make educational
			 decisions include:
(a) One or more of the
			 following persons:
(A) The biological or
			 adoptive parent of the child or young adult.
(B) A foster parent or relative caregiver of
			 the child or young adult.
(C) A
			 legal guardian, other than a state agency.
(D) An individual acting in the place of a
			 biological or adoptive parent (including a grandparent, stepparent, or other
			 relative) with whom the child or young adult lives, or a person who is legally
			 responsible for the welfare of the child or young adult; or
(E) A surrogate parent who has been appointed
			 in accordance with OAR 581-015-2320  for school-age children or 581-015-2760  for
			 preschool children.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0060 - The Office of Child Welfare Programs' Access to a Child's Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accessing a
			 student's education records when the Department has custody of a student.
(a) OCWP has authority to access a student's
			 education records when it has legal custody of a student, without obtaining the
			 consent of a parent or guardian, or a court order, pursuant to the
			 Uninterrupted Scholars Act (20 U.S.C §
										1232g).
(b) To obtain the student's records, the OCWP
			 must provide notice of legal custody and legal responsibility of the student to
			 the school district.
(c) The OCWP
			 must not disclose records obtained pursuant to the Uninterrupted Scholars Act
			 to any other person or entity unless that person or entity is engaged in
			 addressing the student's educational needs and is authorized by the OCWP to
			 receive such disclosure consistent with state confidentiality laws.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0070 - Educational Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may authorize payment for some allowable school costs other than
			 transportation if sufficient funds are available and the school district does
			 not cover the expense. Authorization for these expenses is outlined in OAR
			 413-090-0300  to 0380, 413-090-0365  and OAR 413-053-0000  to 0070.
(2) A school district board or public charter
			 school may waive school fees for certain activities under ORS
			 339.147 and ORS
			 339.155 when the student is a ward of the court.
Statutory/Other Authority: ORS
				  339.155,
				  ORS
				  409.050, ORS
				  339.147  & ORS
				  418.005
Statutes/Other Implemented: ORS
				  339.155,
				  ORS
				  409.050, ORS
				  339.147,
				  ORS
				  418.005,
				  ORS
				  339.133,
				  ORS
				  419B.192  & ORS
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0080 - Early Education and Post-Secondary Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must ensure that an
			 eligible child in the care or custody of the Department has the same access to
			 public preschool education and early intervention education programs as
			 eligible children not in the care or custody of the Department. When a
			 disposition is founded or substantiated for abuse, the CPS worker must refer
			 all victims 3 years old and under to Early Intervention. When completing the
			 referral, the CPS worker must use the "CPS to Early Intervention Referral" form
			 (CE0323) if a release of information is not signed.
(2) The caseworker must ensure that a child
			 or young adult in the care or custody of the Department has access to the
			 information and resources available to explore post-secondary education and
			 training opportunities. In meeting this obligation, the caseworker must include
			 education in any child's or young adult's plan for transition to independent
			 living.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  419B.192  & ORS
				  419B.343
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0090 - Minimum Credits Required to Obtain a Diploma

Current through Register Vol. 63, No. 7, July 1, 2024
If at any time from grade nine to 12 a child or young adult was
				a foster child as defined in ORS
				30.297,
				the child or young adult cannot be required to complete more than the minimum
				state credit requirements specified in ORS
				329.451(2)(a)
				to receive a high school diploma.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.050, ORS
				  418.005  & ORS
				  329.451
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 413, division
				110.
(1) "Adoptive resource" means an
			 individual or individuals selected by the Department, another public child
			 welfare agency, or a licensed adoption agency as the adoptive family for a
			 child where no administrative review was requested within the timeframe allowed
			 for such a request, or if a review was requested, the selection has been
			 sustained by that review and the review is complete.
(2) "Appropriateness of adoption" means the
			 determination that a child can be successfully freed, placed, and maintained in
			 an adoptive placement and that adoption is in the best interest of the
			 child.
(3) "Approved family" means
			 a family that has been selected for a child in accordance with OAR 413-120-0010  to 413-120-0060.
(4) "Birth parent"
			 means the woman or man who holds a legally recognized parental relationship to
			 the child.
(5) "Child" means a
			 person under 18 years of age.
(6)
			 "Committee facilitator" means a Department staff member appointed as a member
			 of the committee to facilitate a permanency or adoption committee
			 meeting.
(7) "Compelling reason"
			 means a reason meeting specific criteria and documented in the case plan by the
			 local Department staff for not to file a petition to terminate parental rights
			 of the parents of a child where the Department would otherwise be required to
			 do so under state and federal law.
(8) "Date child entered substitute care":
			 Oregon statute and federal law use the date the child is found to be within the
			 jurisdiction of the court under ORS
			 419B.100 or 60 days from date of removal, whichever is earlier. The Department uses the
			 date of the child's initial substitute care placement for calculating Citizens
			 Review Board reviews, court, or permanency hearings intervals.
(9) "Department" means the Department of
			 Human Services, Child Welfare.
(10)
			 "Indian child" means any unmarried person who is under age 18 and either:
(a) Is a member or citizen of an Indian
			 tribe; or
(b) Is eligible for
			 membership or citizenship in an Indian tribe and is the biological child of a
			 member or citizen of an Indian tribe.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
A child in the legal custody of the Department for whom the
				Department has determined that adoption is an appropriate permanency plan and
				who is in the process of being freed for adoption may be placed in an approved
				adoptive home with the understanding that if the child becomes legally free for
				adoption, the child will be adopted. In the past, such a placement was
				described as a "foster-adopt placement" or a "potential adoptive placement."
				The term for such placements is now "legal risk placement" if the placement
				meets the requirements specified in these rules, OAR
				413-110-0010  to
				413-110-0060.
Stat. Auth.: ORS
				  418.005(1)(a)
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0015 - Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any child whose
			 parent or parents are unable to provide a safe and healthy home for the child
			 should be assured the opportunity to become a valued and permanent member of
			 another safe family that understands and responds to the child's
			 needs.
(2) Early identification and
			 development of an alternative to placement with a parent increases the
			 likelihood that the alternate permanency plan can be achieved in a timely
			 manner.
Stat. Auth.: ORS
				  418.005(1)(a)
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0020 - Eligibility Criteria for Legal Risk Placement

Current through Register Vol. 63, No. 7, July 1, 2024
A child may be placed in a legal risk placement when all of the
				following conditions have been met:
(1) The child is a ward of the court and is
			 in substitute care and the Department has determined that adoption is an
			 appropriate permanency plan for the child according to the procedures outlined
			 in OAR 413-110-0300  to 413-110-0360.
(2) In accordance with OAR 413-070-0060  to
			 413-070-0093, the Department has considered all parents and relatives and has
			 either determined none of them is a suitable permanent placement for the child
			 or has selected one relative who meets the requirements of OAR 413-070-0060  to
			 413-070-0093 as the resource for a legal risk placement.
(3) The Department's legal assistance
			 specialist has assessed the status of the child and has determined that a plan
			 to free the child for adoption is in the best interests of the child.
(4) The Department has determined,
			 in accordance with OAR 413-110-0300  to 413-110-0360, that adoption is an
			 appropriate permanency plan for the child, and an approved adoptive home has
			 been selected according to the process outlined in OAR 413-120-0010  to
			 413-120-0060.
(5) The Adoption
			 Services Unit has reviewed and approved the plan.
(6) In the case of an out-of-state placement,
			 prior to approval and designation of the child's legal risk placement:
(a) The Department has notified the court and
			 has obtained its approval of the plan to place the child out of state;
(b) If the out-of-state placement
			 is made through a private agency, the Department has a signed contract with the
			 placing agency in the receiving state; and
(c) The Department has obtained verification
			 that the child will receive medical coverage by the receiving state.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0030 - Legal Risk Placement; Effective Date of Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The designation date of the child's
			 current caretaker home as a legal risk placement is the date the Department's
			 Adoption Services Unit accepts all required documents.
(2) The designation date of the child's
			 selected adoptive home (non-current caretaker) as a legal risk placement is the
			 date the child is physically placed in the selected home or the date the
			 Adoption Services Unit accepts all applicable documents (see section (1) of
			 this rule), whichever date is later.
Stat. Auth.: ORS
				  418.005(1)(a)
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0040 - Home Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The home
			 in which the legal risk placement will be made must be studied and approved as
			 an adoptive home in accordance with OAR 413-120-0190  to 413-120-0246  or, in the
			 case of an out-of-state placement, with OAR 413-040-0200  to 413-040-0330. The
			 home must also meet the requirements of OAR 413-200-0301  to 413-200-0396.
(2) Each adoptive parent
			 considered for a legal risk placement is informed by the Department of the risk
			 of having the child removed and must sign an agreement that provides that:
(a) The adoptive parent understands that the
			 child is not legally free for adoption;
(b) The adoptive parent understands that the
			 Department cannot guarantee that the child will be legally free for adoption in
			 the future;
(c) The adoptive
			 parent wants to adopt the child; and
(d) The adoptive parent understands that the
			 adoptive family will continue to provide temporary care for the child if
			 adoption is not possible.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0050 - Effect on a Release and Surrender

Current through Register Vol. 63, No. 7, July 1, 2024
A Legal Risk Placement shall be considered a placement for the
				"purpose of adoption" in accordance with ORS
				418.270, subsection (4), which
				specifies when a release and surrender given by a parent or guardian shall be
				considered irrevocable. These rules shall apply to any release and surrender
				accepted prior to, concurrent with or subsequent to the Legal Risk
				Placement.
Stat. Auth.: HB 2004
Stats. Implemented: HB
				  2004
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0060 - Termination of Legal Risk Placement Status

Current through Register Vol. 63, No. 7, July 1, 2024
When the child is legally free to be adopted, the Central
				Office Adoption Services Unit will change the child's placement status from
				Legal Risk Placement to Adoptive Placement.
Stat. Auth.: ORS
				  418.005(1)(a)
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-110-0100  to
				413-110-0150 is to describe the Department's case planning responsibility to maintain and
				support lifelong sibling relationships for a child in the legal custody of the
				Department whose permanency plan is adoption.
Stat. Auth.: ORS
				  418.005,
				  419B.192
Stats. Implemented: ORS
				  418.005,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005,
				  418.925,
				  418.937,
				  418.945,
				  419B.192
Stats. Implemented: ORS
				  418.005,
				  418.925,
				  418.937,
				  418.945,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0130 - Consideration of Sibling Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department's first priorities for placement of a child in the legal custody
			 of the Department are placement with relatives and placing siblings together.
(2) When any child in the legal
			 custody of the Department is separated from one or more siblings in substitute
			 care, the Department must make diligent efforts to place the siblings together
			 in substitute care, so long as it is in the best interests of the child,
			 regardless of each child's permanency plan.
(a) The caseworker must document the efforts
			 to place siblings together in substitute care in the Department's information
			 system.
(b) If siblings are placed
			 separately in substitute care, the Department must ensure that the children
			 have the opportunity for regular, ongoing contact unless contact is not in the
			 best interests of the child or one or more of the siblings.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0132 - Consideration of Sibling Separation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A permanency committee is used to
			 consider the permanent separation of siblings in the legal custody of the
			 Department through adoption, unless an adoptive resource has been selected for
			 one or more siblings.
(2) The
			 permanency committee must consider the best interests of each child in the
			 sibling group under consideration, and each of the following factors when
			 making a recommendation:
(a) The current and
			 lifelong needs of each child and of each sibling in the sibling group under
			 consideration;
(b) The existence of
			 each child's significant emotional ties to each sibling in the sibling group
			 under consideration;
(c) The needs
			 of each child and each sibling in the sibling group under consideration for
			 each of the following:
(A) Physical and
			 emotional safety;
(B) Ability to
			 develop and maintain current and lifelong connections with the child's
			 family;
(C) Continuity and
			 familiarity;
(D) Appropriate
			 educational, developmental, emotional, and physical support;
(E) Stability and permanency; and
(F) Maintaining his or her identity,
			 cultural, religious, and spiritual heritage.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0150 - Sibling Placement and Permanency Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When separation of siblings has occurred
			 as a result of a Department action or decision pursuant to OAR 413-070-0519,
			 the Department's efforts to identify and recruit a potential adoptive resource
			 must include recruitment efforts to identify a potential adoptive resource who
			 can initiate and maintain connections between the child and one or more
			 siblings, unless such a connection is not in the best interests of the child or
			 one or more siblings.
(2) The
			 caseworker must make efforts to recruit and identify potential adoptive
			 resources who appear to have the knowledge, skills, and abilities to be
			 considered as the potential adoptive resource for other siblings when there are
			 one or more siblings in substitute care who do not yet have a permanency plan
			 of adoption.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 413-110-0200  to 413-110-0220  describes the Department's
				requirements and considerations in deciding whether to initiate a termination
				of parental rights proceeding.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005 & ORS
				  419B.498-419B.530
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0205 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.350, ASFA &
				  CAPTA
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0210 - Initiation of a Termination of Parental Rights Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must initiate a termination of parental rights
				proceeding to legally free a
child
for the purpose of adoption
				only when:
(1) The Department has
			 determined that adoption is the most appropriate permanency plan for the child
			 pursuant to OAR 413-070-0500  through 413-070-0519;
(2) The Department has determined that there
			 is not another permanency plan that would better meet the child's needs for
			 safety, attachment, permanency, and well-being;
(3) If the child is an Indian child, the
			 Department has determined, in consultation with the child's Tribe(s), that
			 tribal customary adoption is not an appropriate permanency plan for the
			 child.
(4) The Assistant Attorney
			 General and Legal Assistance Specialist, in consultation with the caseworker
			 and supervisor, have determined that it is appropriate to file petitions to
			 terminate parental rights; and
(5)
			 The court has changed the child's permanency plan to adoption after a
			 permanency hearing pursuant to ORS
			 419B.476.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005 & ORS
				  419B.498-419B.530
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0220 - Considerations for Decision Whether to Initiate a Termination of Parental Rights Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 deciding whether it is appropriate to file petitions to terminate parental
			 rights the caseworker and supervisor, in consultation with the Assistant
			 Attorney General and Legal Assistance Specialist, must consider the following:
(a) Whether one or more of the circumstances
			 set forth in ORS 419B.498(1)
			 requiring filing of petitions to terminate parental rights exists and, if so,
			 whether one or more of the exceptions to filing petitions set forth in ORS
			 419B.498(2)
			 applies;
(b) If one of the
			 circumstances set forth in ORS
			 419B.498(1)
			 requiring filing of petitions to terminate parental rights does not exist,
			 whether it is appropriate to file petitions to terminate parental rights
			 pursuant to ORS 419B.500 through
			 419B.508;
(c) Whether it is appropriate to file
			 petitions to terminate parental rights without making reasonable efforts to
			 make it possible for the child to safely return home based on a finding from
			 the court pursuant to ORS
			 419B.340;
(d) Whether the parents of the child are
			 willing and able to voluntarily plan for adoption or there is another way,
			 other than filing petitions to terminate parental rights, to legally free a
			 child for the purpose of adoption;
(e) Whether termination of parental rights
			 for purposes of adoption is in the child's best interests, giving consideration
			 to whether another permanency plan would better meet the child's needs for
			 safety, attachment, permanency, and well-being; and
(f) Whether the child will consent to be
			 adopted if they will be 14 years of age or older when the adoption is ready to
			 be legally finalized.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0230 - Permanency Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
DHS shall review the permanency plan for each child in its
				legal custody after the 6 month review conducted under ORS
				419A.106 or any hearing
				conducted in lieu of such review; but prior to the permanency hearing required
				by ASFA to determine the appropriateness of the permanency plan. If the
				permanency hearing is scheduled before the above 6 month review, DHS shall
				review the permanency plan prior to the permanency hearing even if the review
				has not occurred. If the child cannot be safely placed with a parent, in
				determining if adoption is the appropriate concurrent permanent plan:
(1) The local designated review body shall
			 consider whether the plan is in the best interest of the child and whether
			 there is a potential adoptive resource for the child or a resource can be
			 located; and
(2) The Legal
			 Assistance Specialist shall provide consultation to the local staff on whether
			 the plan is consistent with statewide practice and whether the plan complies
			 with the requirements of the DHS Adoption Program.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.350, ASFA &
				  CAPTA
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0240 - Decision to File a Petition to Terminate Parental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless one of
			 the exceptions outlined in (3)(a) through (c) of this rule applies, and is so
			 documented in the case plan, DHS shall file a petition to terminate the
			 parental rights of the parents to a child in DHS custody. The local DHS staff,
			 in consultation with the Legal Assistance Specialist, shall decide whether to
			 file a petition to terminate the parental rights to a child who:
(a) Has been in foster care for 15 of the
			 most recent 22 months as calculated from the date the child entered substitute
			 care; or
(b) Has been determined by
			 the court to be an abandoned child; or
(c) Has a parent who has been found by a
			 court of competent jurisdiction to have:
(A)
			 Committed murder, of another child of the parent;
(B) Committed manslaughter, of another child
			 of the parent;
(C) Aided, abetted,
			 attempted, conspired or solicited to commit murder or voluntary manslaughter of
			 another child of the parent; or
(D)
			 Committed felony assault that results in serious bodily injury to the child or
			 another child of the parent.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0250 - Other Situations for Filing a Termination Petition

Current through Register Vol. 63, No. 7, July 1, 2024
DHS may file a petition to terminate the rights of a parent
				whose child is in DHS custody but is not required to do so if:
(1) The parent has engaged in extreme conduct
			 as specified in ORS 419B.502, which includes but is
			 not limited to:
(a) Rape, sodomy or sex abuse
			 of any child by the parent;
(b)
			 Intentional starvation or torture of any child by the parent;
(c) Abuse or neglect by the parent of any
			 child resulting in death or serious physical injury;
(d) Conduct by the parent to aid or abet
			 another person who, by abuse or neglect, caused the death of any
			 child;
(e) Conduct by the parent to
			 attempt, solicit or conspire to cause the death of any child;
(f) Previous involuntary terminations of the
			 parent's rights to another child if the conditions giving rise to the previous
			 action have not been ameliorated; or
(g) Conduct by the parent that knowingly
			 exposes any child of the parent to the manufacture of amphetamines.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0252 - Termination of Parental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
In some cases, DHS may decide to file a petition to terminate
				the parental rights of a parent whose child is in DHS custody without making
				reasonable efforts to make it possible for the child to be safely returned home
				and without seeking or having the juvenile court make a finding that DHS is not
				required to make such efforts.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.350, ASFA &
				  CAPTA
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-110-0300  to 413-110-0360  is to establish
				the Department's policies for determining whether adoption is an appropriate
				plan for a child. In the case of an Indian child, the Department follows OAR
				chapter 413, division 115.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0320 - Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adoption is a
			 permanency option that should be considered as part of concurrent case planning
			 for all children in substitute care.
(2) The assessment of the appropriateness of
			 adoption as the permanency plan for a child begins at the time of the child's
			 initial placement and continues until a permanent plan is achieved.
(3) If safe placement with a parent is not
			 possible for a child, and the child can be legally freed for adoption and has
			 an appropriate and available adoptive resource who wishes to adopt the child,
			 it is concluded that adoption is an appropriate permanency plan for the
			 child.
(4) Adoption is not the most
			 appropriate plan for every child.
(5) The Department will not initiate
			 proceedings to free a child for adoption unless there is a probability of being
			 placed with an approved family.
(6)
			 Decisions whether adoption is an appropriate permanency plan for the child must
			 be made collaboratively.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0330 - Procedure to Determine the Appropriateness of Adoption as a Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 proceeding to free a child for adoption, the Department must make a formal
			 decision regarding whether adoption is an appropriate permanency plan for the
			 child in accordance with these rules.
(2) The preliminary case-planning steps in
			 the process of determining whether adoption is an appropriate permanency plan
			 for the child are as follows:
(a) An adoption
			 permanency goal must be considered concurrently with other permanency goals for
			 a child in substitute care;
(b)
			 When it appears that placement with a parent is not a viable goal, but not
			 later than six months after the child enters substitute care, the local office
			 must begin the process of obtaining information sufficient to make a formal
			 decision whether adoption is an appropriate permanency plan for the child, for
			 instance:
(A) The child's worker must obtain
			 pertinent information such as psychological evaluations, therapist's
			 assessments, an assessment by a mental health professional when appropriate
			 that includes the attachment and other permanency needs of the child, medical
			 records, personal care or special rate assessments, individual education plans,
			 and early intervention assessments.
(B) The child's worker must address the
			 following areas:
(i) The ability of the child
			 to attach.
(ii) The needs of the
			 child.
(iii) Prior or current
			 caretaker or family relationships that could support or interfere with the
			 ability of the child to build new family relationships.
(iv) Information about the siblings and half
			 siblings of the child (see OAR 413-110-0100  to 413-110-0150).
(v) Prospective adoptive resources who have
			 made it known to the agency that they want to be considered as an adoptive
			 placement for this specific child.
(vi) The willingness of the child to consent
			 to adoption, if the child is 12 years of age or older.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0340 - When Adoption is an Appropriate Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department determines that
			 adoption is an appropriate permanency plan for the child, and in legal risk
			 situations the legal assistance specialist has approved placement planning for
			 the child, the child's worker must accomplish the following:
(a) The child's worker begins the process to
			 locate an appropriate approved family while proceeding with efforts to free the
			 child for adoption.
(b) The
			 child's worker requests that either a Local Office Permanency/Adoption
			 Committee or a Permanency/Adoption Council Committee review the decision that
			 adoption is an appropriate permanency plan for the child if the child's worker
			 has not been able to find an appropriate approved family for the child within
			 four months of the initial staffing.
(c) If a child is placed for adoption and the
			 adoption disrupts, the child's worker follows the procedures in OAR
			 413-120-0870. The child's worker requests that either a Local Office
			 Permanency/Adoption Committee or a Permanency/Adoption Council Committee review
			 the decision determining that adoption is an appropriate permanency plan for
			 the child if the child's worker has not been able to find an appropriate
			 approved family for the child within six months of the disruption date.
(d) If an adoptive placement
			 disrupts and there is question as to whether adoption is currently an
			 appropriate permanency plan for the child, the question is referred by the
			 worker to either a Local Office Permanency/Adoption Committee or a
			 Permanency/Adoption Council Committee within three months of the disruption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0350 - When Adoption Is Not an Appropriate Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When it is
			 determined that adoption is not the appropriate permanency plan for the child,
			 and the compelling reason for this determination has been documented in the
			 case file, the child's worker must develop and implement an alternate
			 plan.
(2) If there are significant
			 changes, the child's worker may refer the case to either the Local Office
			 Permanency/Adoption Committee or the Permanency/Adoption Council Committee for
			 a new determination whether adoption is an appropriate permanency plan for the
			 child. The appropriateness of adoption as a permanency plan for the child can
			 change as the child's circumstances change. When the legal assistance
			 specialist has questions about the appropriateness of adoption as the
			 permanency plan for the child, the legal assistance specialist may ask the
			 local office to recruit for a potential adoptive placement prior to initiating
			 the process to free the child for adoption.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 110 - PRE-ADOPTION SERVICES › Section 413-110-0360 - Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
When the Local Office Permanency/Adoption Committee or the
				Permanency/Adoption Council Committee has staffed a case and reached a decision
				with which the child's worker disagrees, the child's worker will staff the case
				with the worker's supervisor and district manager or designee. If the district
				manager or designee agrees with the child's worker, he or she will request
				review of the decision by the Adoption Services Unit Manager who may review the
				committee's decision and make the final decision.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005