reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0236 - Development, Documentation, and Termination of a Supervision Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the
			 caseworker has reviewed the CANS screening results for a child or young adult
			 living with a certified family that indicates the child or young adult has
			 enhanced supervision needs and qualifies for a level of care payment, the
			 caseworker must:
(a) Contact the certified
			 family to explain the supervision needs identified in the CANS screening
			 results; and
(b) During a meeting
			 with the certified family, the child or young adult, as appropriate, and others
			 who may participate in a supervision plan, explain the supervision requirements
			 necessary to maintain the safety and support the well-being of the child or
			 young adult and develop a supervision plan that meets the supervision needs of
			 the child or young adult.
(A) If the child or
			 young adult qualifies for Level 1 (moderate needs), the supervision plan must
			 require the certified family to provide an environment with the additional
			 support, direction, observation, and guidance from the certified family
			 necessary to ensure a child or young adult's safety and well-being, beyond the
			 level of supervision that typically is required for a child or young adult of
			 the same age.
(B) If the child or
			 young adult qualifies for Level 2 (intermediate needs), the supervision plan
			 must require the certified family to provide a structured environment,
			 additional support, direction, observation, and guidance necessary to ensure a
			 child or young adult's safety and well-being, beyond the level of supervision
			 that typically is required for a child or young adult of the same
			 age.
(C) If the child or young
			 adult qualifies for Level 3 (advanced needs), the supervision plan must require
			 the certified family to provide a highly structured environment, additional
			 support, direction, observation, and guidance necessary to ensure a child or
			 young adult's safety and well-being, beyond the level of supervision that
			 typically is required for a child or young adult of the same age.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0245 - Responsibilities in Monitoring a Child or Young Adult's Supervision in a Certified Family

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During each
			 monthly face-to-face contact described in OAR 413-080-0054, in addition to
			 assessing the safety of the child or young adult, Department staff must
			 determine:
(a) Whether the certified family is
			 meeting the supervision needs of the child or young adult.
(b) Whether the supervision needs of the
			 child or young adult have changed.
(c) If there is a current supervision plan,
			 whether the supervision actions and activities described in the supervision
			 plan are effective in meeting the child or young adult's supervision
			 needs.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to comply with Public Law 98-457, which requires that procedures
			 be established within Oregon's Child Protective Services (hereafter referred to
			 as CPS) program to respond to reports of suspected medical neglect, including
			 reports of withholding medically indicated treatment for disabled infants with
			 life-threatening conditions. The regulations indicate that the focus of the
			 Department CPS work will be, "as it is in responding to other reports of child
			 abuse and neglect, to protect the child and assist the family." Hospitals are
			 encouraged to form review committees to assist with medical and ethical
			 dilemmas arising in the care of disabled infants with life-threatening
			 conditions. Due to the sensitive nature of these cases and the specialized
			 skills required to complete the investigations, the Department will designate a
			 Child Welfare staff person in each of the three cities having tertiary care
			 centers (Portland, Eugene, and Medford) to be a specialist in Medical Neglect
			 investigations. These Medical Neglect Investigators, along with the CPS program
			 manager, will be available to provide telephone consultation and investigations
			 of reports alleging medical neglect of handicapped infants with
			 life-threatening conditions. The Medical Neglect Investigators will form a
			 special investigation "team" with a Designated Consultant Neonatologist and a
			 local CPS caseworker.
(2) The
			 federal regulations emphasize that parents are the decision makers concerning
			 treatment for their disabled infant based on advice and reasonable medical
			 judgment of their physician(s) with advice from the Hospital Review Committee,
			 if one exists. It is not the Department nor the HRC, nor any other committee,
			 who makes decisions regarding the care and treatment for a child except in
			 highly unusual circumstances where the course treatment is inconsistent with
			 applicable standards established by law.
(3) The legislation requires that appropriate
			 nutrition, hydration, and medication shall always be provided to the infant,
			 and that the effectiveness of treatment shall not be based on subjective
			 opinions about the future "quality of life" of an infant. In response to a
			 report of medical neglect of a disabled infant with a life-threatening
			 condition, Department's investigative role is to determine if the decision made
			 to withhold treatment was based on reasonable medical judgment consistent with
			 the definition of "withholding of medically indicated treatment." (see
			 Definition section)
Stat. Auth.: HB 2004
Stats. Implemented: PL
				  98-457
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0620 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Intake. Any person may make a report that a handicapped infant
				in a medical facility is not receiving adequate and necessary medical care.
				Reports which indicate withholding of medical treatment from disabled newborns
				with life-threatening conditions will be considered an emergency and assigned
				for investigation within one hour. Each Child Welfare branch will develop local
				procedures to assure that such reports received after normal work hours will be
				promptly investigated. Anonymous reports will be accepted at Intake
(1) Obtain from the reporting person as much
			 of the following information as possible:
(a)
			 Name and address of the hospital;
(b) Name and address of infant and infant's
			 parents;
(c) The infant's name and
			 birth date;
(d) The name of the
			 infant's attending physician;
(e)
			 The condition of the infant and in particular information regarding whether the
			 infant may die or suffer harm within the immediate future if medically
			 indicated treatment is withheld;
(f) The basis of the reporter's suspicion or
			 belief that medically indicated treatment or appropriate nutrition, hydration,
			 or medication is being or will be withheld;
(g) Name of the person making the report,
			 source of the information, position to have reliable information (i.e., nurse,
			 friend, family member, etc.), address and telephone number.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0630 - Preliminary Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 report of suspected medical neglect of a disabled infant with life-threatening
			 conditions is received and assigned for investigation, the CPS caseworker will
			 immediately contact a Medical Neglect Investigator for consultation and
			 assistance in initiating a preliminary investigation. The Medical Neglect
			 Investigator will have the responsibility to determine the role/activities of
			 the CPS caseworker and the Medical Neglect Investigator during preliminary
			 investigation and "on site" investigation of a report. The Medical Neglect
			 Investigator will conduct the investigations whenever possible.
(2) During the preliminary investigation, the
			 CPS caseworker or Medical Neglect Investigator will contact the Designated
			 Consultant Neonatologist from a hospital other than the one where the infant is
			 receiving care, for consultation and assistance. (Names of consultant
			 neonatologists are available from the CPS program manager.)
(a) The Medical Neglect Investigator (or
			 Designated Consultant Neonatologist) shall contact the hospital liaison, advise
			 that person of the nature of the reported suspected medical neglect, and
			 request assistance to obtain the following information:
(A) Whether the infant is in the
			 hospital;
(B) The name and location
			 of the infant's parents;
(C) The
			 medical condition of the infant, i.e., does the infant have a life-threatening
			 condition;
(D) The nature of the
			 care and treatment being provided to the infant and what, if any, additional or
			 alternative treatment could be provided;
(E) If the infant's parents are in agreement
			 with the care and treatment being provided or if they have refused to consent
			 to recommended treatment;
(F) If
			 there is a critical time pressure and thus a need for immediate court
			 action;
(G) The analysis of the HRC
			 or other review body;
(H) Whether
			 the attending physician has consulted with other medical professionals
			 concerning the care and treatment of the infant and whether the medical
			 professionals are in agreement with the care and treatment being
			 given.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0640 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
When additional information is necessary to substantiate a
				conclusion to the medical neglect report, the Medical Neglect Investigator
				shall form a special investigative team with a consultant neonatologist from a
				hospital other than the one where the infant is receiving care, a local CPS
				caseworker and any other necessary professionals such as a nutritionist or the
				local district attorney. The on-site investigation shall be completed in the
				shortest possible time.
(1) The
			 Medical Neglect Investigator, with the assistance of the special investigation
			 team members and designated hospital liaison, will complete the following:
(a) Interview treating physicians and others
			 involved in the treatment;
(b)
			 Arrange as early as possible meeting with HRC or other hospital review boards
			 or committees. Determine at minimum the following: Did the HRC verify the
			 diagnosis? How were the parents involved in the process? What treatment
			 alternatives exist?
(c) Review
			 medical records. The parents shall be requested to sign a release of
			 information to allow CPS investigation and/or medical consultant to review
			 records. If determined necessary, court intervention may be used to give access
			 to medical records;
(d) Interview
			 parents (after first determining with hospital social worker appropriateness
			 and context for interviewing parents) to determine the parent's understanding
			 of the child's condition and treatment alternatives, the decisions they have
			 made, and the basis for those decisions.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 20 - CASE MANAGEMENT › Section 413-020-0650 - Annual Information Update

Current through Register Vol. 63, No. 7, July 1, 2024
Each local Child Welfare branch manager shall contact each
				hospital in their county and obtain the name, title, and telephone number of
				the designated hospital liaison who is responsible for coordination,
				consultation, and notification of the Child Welfare of cases of suspected
				medical neglect. The branch managers shall update this information
				annually.
Stat. Auth.: HB 2004
Stats. Implemented: PL
				  98-457
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 413, division
				30:
(1) "APPLA" means Another Planned
			 Permanent Living Arrangement, a permanency plan for a stable secure living
			 arrangement for a child who has reached the age of 16 or young adult that
			 includes building relationships with significant people in the child or young
			 adult's life that may continue after substitute care. APPLA is the least
			 preferred permanency plan of the five permanency plans for a child or young
			 adult and is appropriate only after the permanency plans of reunification,
			 adoption, guardianship, and placement with a fit and willing relative have been
			 determined not in the best interest of a child or young adult.
(a) "Planned" means the arrangement is
			 intended, designed, and deliberate.
(b) "Permanent" means enduring and
			 stable.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0003 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-030-0003  to
				413-030-0030 is to describe the responsibilities of the Department in providing family
				support services, including:
(1)
			 Eligibility criteria;
(2)
			 Determination of service needs;
(3) Development of the family support
			 services case plan;
(4)
			 Development of Service Agreements;
(5) Caseworker contact and monitoring
			 requirements; and
(6) Timelines
			 for reviewing progress.
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0006 - Eligibility For Family Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
parent,
guardian
,
Indian custodian, young adult,
or
former foster child
may be eligible for family support
			 services if the requirements of one of the following subsections are met:
(a) A
parent, guardian, or Indian
			 custodian
requests out-of-home placement of a
child
due solely to the emotional, behavioral, or mental disorder or developmental or
			 physical disability of the
child
, as described in OAR
			 413-020-0060  to 413-020-0090.
(b) A
young adult
requests placement through the Department and
			 meets the criteria described in OAR 413-020-0070(2).
(c) A
parent, guardian, or Indian
			 custodian
requests that the Department take temporary custody of a
child
due to conditions described in OAR 413-020-0005  to
			 413-020-0050.
(d) A
former
			 foster child
eligible to receive Independent Living Program (ILP)
			 services requests those services
(e) A
parent, guardian, or Indian
			 custodian
requests post adoption or post legal guardianship services
			 in connection with an adoption or legal guardianship that occurred through the
			 Department.
(f) A
parent,
			 guardian, or Indian custodian
requests assistance with a
child
in the home, and all of the following paragraphs apply
(A) Other community resources have been
			 utilized and determined to be ineffective.
(B) Members of the extended family and other
			 responsible adults who are well known to the
child
have been
			 explored or utilized and determined to be unsafe, unavailable, unwilling, or
			 ineffective as support for the family.
(C) 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.
(D) The inability of the
parent, guardian, or Indian custodian
to fulfill parental
			 responsibilities is temporary and immediate; and will be alleviated with
short-term services
or
short-term services
will transition the family to community services.
(E) A Child Welfare program manager approves
			 the request for voluntary services.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0013 - Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 caseworker may secure an
expert evaluation
of the
parent
,
guardian
,
Indian
			 custodian
or
child
, when appropriate, to determine
			 treatment or service needs or to assist in assessing child safety when there is
			 a specific condition or behavior that requires additional professional
			 information regarding a person's functioning. Examples include, but are not
			 limited to:
(a) The
parent
,
guardian
,
Indian custodian
or
child
is displaying unusual or bizarre behaviors that are
			 indicative of emotional or behavioral problems;
(b) Physical illness, physical disability, or
			 mental illness;
(c) Suicidal
			 ideation; or
(d) Homicidal
			 ideation.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0016 - Requirements for the Family Support Services Case Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must analyze the
			 information gathered during the determination of service needs to develop a
family support services case plan
. The
family support
			 services case plan
must include all of the following information:
(a) Family composition, which includes
			 identifying information for:
(A) Each
parent, guardian, or Indian custodian
, and the children of the
parent, guardian, or Indian custodian
;
(B) The
former foster child
who is 18 years or older and their
child
, if the
former foster child
is parenting a
child
;
			 or
(C) A
young
			 adult
entering into a
Voluntary Placement Agreement for a
			 Young Adult
with the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0019 - Developing Service Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The caseworker may develop a
Service Agreement
with a
parent, guardian, Indian Custodian,
young
			 adult
, or
former foster child
with a
family
			 support services case plan
. The
Service Agreement
is
			 a time-limited agreement that documents the services and action steps that will
			 occur under the agreement.
(2) When
			 used, the
Service Agreement
must include all of the following:
(a) One of the service goals in the
family support services case plan
.
(b) Specific activities or services that will
			 occur to achieve the
service goal
.
(c) Participants and
			 responsibilities.
(d) Anticipated
			 start and completion dates.
(e)
			 Treatment services for the
child
or
former foster
			 child
(if applicable).
(f)
			 Method of measuring progress.
(g)
			 Timeline for review.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0023 - Contact and Monitoring Requirements for a Family Support Services Case Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker
			 must monitor the
family support services case plan
and
			 terminate Department involvement in a timely manner.
(2) The caseworker is responsible for all of
			 the following actions:
(a) Monthly
			 face-to-face contact and communication with each
parent, guardian
			 Indian custodian,
young adult,
or
former
			 foster child
about progress toward achieving service goals unless an
			 exception to
parent, guardian, or Indian custodian
contact as
			 described in OAR 413-080-0054(3)(b)  is approved.
(b) Monthly face-to-face contact with the
child
required under OAR 413-080-0054.
(c) Regular contact with service providers a
			 minimum of once every 90 days, including monitoring the services provided
			 through the
family support services case plan
(d) Monitoring the visitation and contact
			 plan when the
child
is in
substitute
			 care
.
(e) Monitoring
			 progress toward achieving service goals.
(f) Ensuring completion of the actions and
			 activities that are the responsibility of the Department.
(g) Timely response to issues that may impact
			 the safety of the
child
that become known to the
			 caseworker.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0026 - Family Support Services Case Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
family support services case
			 plan
must be reviewed a minimum of every 90 days. This review must
			 take place in a face-to-face meeting with the parents,
			 guardians
,
Indian custodian,
young
			 adult, or
former foster child.
The meeting may
			 include the
child
, service providers, attorneys, family
			 members, and the
substitute caregiver
when the
child
or
young adult
is in
substitute
			 care
.
(2) During the
case plan
review, the caseworker assesses and determines the
			 progress that has been made in achieving the service goals of the
case
			 plan
.
(3) If a
parent
,
guardian
,
Indian custodian,
			 young adult
or
former foster child
is not available
			 for the review, the reason must be documented in the Department's electronic
			 information system.
(4) Within 30
			 calendar days of receiving an
expert evaluation
requested by
			 the Department, the caseworker must consider revising the
family
			 support services case plan
to include the recommendations of the
expert evaluation
. If the caseworker does not implement the
			 recommendations of the
expert evaluation
, the caseworker must
			 document the reasons for not implementing the recommendations.
(5) Subsequent to the face-to-face meeting,
			 the caseworker documents all of the following in the Department's electronic
			 information system:
(a) The services
			 currently provided and the progress of the parents, guardians,
Indian
			 custodian,
young adult
or
former foster
			 child
in achieving service goals.
(b) Observations of improved behaviors,
			 conditions, or circumstances that have measurably changed.
(c) Written or verbal reports from the
child
, service providers, attorneys, family members, and the
substitute caregiver
when the
child
or
young adult
is in
substitute care
regarding
			 services currently provided and the progress of the
parent
,
guardian
,
Indian custodian, young adult,
or
former foster child
in achieving service goals.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0030 - Closing a Family Support Services Case Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The caseworker closes a
family support services case
				plan
when:
(1) The
parent
,
guardian
,
Indian custodian,
			 young adult,
former foster child
, or the Department
			 indicates the service objectives have been achieved;
(2) The
parent
,
guardian, Indian custodian, young adult
, or
former
			 foster child
states that they are withdrawing the request for
			 voluntary family support services;
(a) The
			 caseworker has unsuccessfully attempted to contact the
parent
,
guardian
,
Indian custodian,
young
			 adult
or
former foster child
, after diligent efforts,
			 as documented in the Department's electronic information system;
(b) The Department, the
parent
,
guardian
,
Indian custodian,
			 young adult
or
former foster child
determines that
			 the
family support services case plan
is no longer appropriate
			 or effective;
(c) The
child
, who had been voluntarily placed in
substitute
			 care
because a
parent, guardian, or Indian custodian
had requested voluntary placement of the
child
, has returned
			 to the home;
(d) The
young
			 adult,
who voluntarily placed themselves in
substitute
			 care
no longer requires
substitute care;
(e) The court dismisses a pre-adjudicated
			 delinquent
child
from Department custody; or
(f) Another community service resource
			 accepts responsibility for providing services to the
child
,
young adult,
former foster child
, or
			 family.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 413-030-0200  to 413-030-0220  is to emphasize that the child's safety is the
			 paramount concern in determining
substitute care
eligibility.
(2) The Department is
			 responsible for determining if a
child
in the
legal
			 custody
of the Department or a
young adult
entering
			 into a
Voluntary Placement Agreement for a Young Adult
will be
			 placed or continued in
substitute care
placement in accordance
			 with statutes, administrative rules, agency procedures, and placement practice
			 guidelines. OAR 413-030-0200  to 413-030-0220  specify the minimum criteria for
			 the
substitute care
classification and placement under any
			 type of
substitute care
program licensed or certified by the
			 Department. Additional criteria are outlined in rules for specific
substitute care
programs.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005,
				  418.015 - 418.315 & 419B.331419B.349
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0205 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title IV-E, PL 95-608, ORS
				  418.015-ORS
				  418.315,
				  419B.331-
				  419B.349 & PL 105
				  89
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0210 - Eligibility Criteria for Substitute Care Placement

Current through Register Vol. 63, No. 7, July 1, 2024
For a child to be eligible for initial and continuing
				substitute care, the Department must meet the following criteria:
(1) Legal Basis. The Department must have a
			 current legal basis for placement:
(a)
			 Temporary custody under ORS
			 419B.165;
(b) Legal custody of the child through a
			 juvenile court order;
(c) A
			 voluntary custody agreement in accordance with OAR 413-020-0005  to
			 413-020-0005;
(d) A voluntary
			 placement agreement in accordance with OAR 413-020-0060  to
			 413-020-0090;
(e) Permanent custody
			 based on a permanent commitment or release and surrender agreement of a parent;
			 or
(f) Verification that the child
			 is an unaccompanied refugee minor.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0220 - Eligibility for Substitute Care After Age 18

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
young adult
continues
			 to be eligible for
substitute care
until the
young
			 adult
turns 21 years of age if the young adult has met the criteria in
			 OAR 413-030-0210  and this rule or if the
young adult
has
			 entered into a
Voluntary Placement Agreement for a Young Adult
with the Department after reaching the age of 18 as outlined in OAR
			 413-020-0060  through 0090.
(2)
			 Under the following conditions the Department may continue to provide placement
			 services until the youth has reached 21 years of age:
(a) The
young adult
is:
(A) Completing their secondary education or a
			 program leading to an equivalent credential;
(B) Enrolled in an institution that provides
			 post-secondary or vocational education;
(C) Participating in a program or activity
			 designed to promote or remove barriers to employment;
(D) Employed for at least 80 hours per month;
			 or
(E) Determined to be unable to
			 perform any of the activities in paragraphs (A) to (D) of this subsection due
			 to a physical condition, mental disability or physical disability documented by
			 medical evidence
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0300 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.305 -
				  109.310,
				  418.005,
				  418.270-
				  418.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0310 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.305 -
				  109.310,
				  418.005,
				  418.270-
				  418.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0320 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat Auth: ORS
				  418.005
Stats. Implemented: ORS
				  109.305-310 &
				  418.270 -
				  418.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-030-0400  to 413-030-0460  is to describe
				the responsibilities of the Department for comprehensive transition planning to
				support all children, young adults and former foster children who have
				experienced foster care at age 14 or older in their transition to adulthood
				through transitional services such as:
(1) Obtaining a high school diploma or GED
			 and post-secondary education, career exploration, vocational training, job
			 placement and retention, training and opportunities to practice daily living
			 skills (such as financial literacy training and driving instruction), substance
			 abuse prevention, and preventative health activities (including smoking
			 avoidance, nutrition education, and sexual/reproductive health;
(2) Achieve meaningful, permanent connections
			 with a caring adult;
(3) Achieve
			 and maintain connections to culture and community's
(4) Engage in age or developmentally
			 appropriate activities, positive youth development, and experiential learning
			 that reflects what their peers in intact families experience, and
(5) Provide financial, housing, counseling,
			 employment, education and other appropriate support and services to young
			 adults and former foster children to complement their own efforts and control
			 over decision-making to achieve self-sufficiency, and to assure that they
			 recognize and accept their personal responsibility for preparing for and then
			 making the successful transition from adolescence to adulthood.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  418.475,
				  ORS
				  419B.343  & ORS
				  419B.476(3)
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0405 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat Auth: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0410 - Eligibility for Youth Transition Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Life skills training. A child, young
			 adult or former foster child must meet the following eligibility criteria for
			 life skills training:
(a) Be a child 14 years
			 of age or older or a young adult who is in substitute care through the state or
			 a federally recognized tribal child welfare system; or
(b) Be a former foster child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0430 - Youth Transition Services Array

Current through Register Vol. 63, No. 7, July 1, 2024
The range of services available through the Department to an
				eligible child, young adult or former foster child transitioning to independent
				living includes:
(1) Skill building
			 services, which may include the following:
(a) Instruction in basic living skills such
			 as money management, home management, consumer skills, legal issues, sexual and
			 reproductive health, parenting, health care, access to community resources,
			 employment readiness, transportation, educational assistance, and housing
			 options;
(b) Educational and
			 vocational training support such as high school diploma or GED preparation,
			 post-secondary education and academic support, job readiness, and job search
			 assistance and placement programs;
(c) Training, workshops and conferences,
			 individual and group skills building for improved self-esteem and
			 self-confidence, self-determination and interpersonal and social skills
			 training and development; and
(d)
			 Promote permanence through the development of healthy relationships, cultural
			 connection, community networks and supports to transition successfully to
			 independence and adulthood.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0445 - Development of the Comprehensive Transition Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Development of the comprehensive
			 transition plan. The Department must initiate the development of the
			 comprehensive transition plan for a:
(a)
Child
14 years of age or older and in
substitute
			 care
or a
young adult
; or
(b)
Former foster child
who
			 requests services as described in OAR 413-030-0003  to 413-030-0030  and would
			 benefit from a comprehensive transition plan.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0449 - Review of the Comprehensive Transition Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must monitor the
			 implementation of the comprehensive transition plan and make reasonable efforts
			 to ensure timely and appropriate services identified in the comprehensive
			 transition plan are made available.
(2) The caseworker is responsible for regular
			 review of the goals and services of the comprehensive transition plan during
			 the following contacts:
(a) Monthly
			 face-to-face contacts as required under OAR 413-080-0054; and
(b) The 90-day case plan review with the
			 child or young adult as required under OAR 413-040-0016.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0454 - Benchmark Review of the Comprehensive Transition Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a child with a comprehensive
			 transition plan the caseworker must convene a meeting for the purpose of a
			 benchmark review of the comprehensive transition plan six months prior to the
			 child reaching 18 years of age.
(a) The
			 meeting must include the child, unless the child developmentally is unable to
			 participate, and may include a parent, guardian, or
Indian
			 custodian
of the child, substitute caregiver, court appointed special
			 advocate, the attorney for the child, service providers, and others the child
			 determines are important to the meeting including, at the option of the child,
			 the two additional members of the case planning team chosen by the child as
			 described in OAR 413-040-0010(3)(c).
(b) The child plays a central role in the
			 meeting appropriate with their developmental ability.
(c) At the meeting, the following are
			 determined:
(A) Agreement on the person with
			 decision-making authority for education services for the child after the child
			 reaches 18 years of age;
(B)
			 Arrangement of sustainable housing, including periods of time the child or
			 young adult may be on break from college or other residential academic or
			 vocational program after the child reaches 18 years of age;
(C) Identification of persons who may provide
			 supportive relationships to the child after the child reaches 18 years of
			 age;
(D) Identification of cultural
			 and community resources available for the special or unique needs of the child
			 after the child reaches 18 years of age;
(E) A plan for the employment, continued
			 academic or vocational education, or specialized training of the child after
			 the child reaches 18 years of age;
(F) Agreement on the person with
			 decision-making authority for health and mental health services for the child
			 and identification of health, mental health, and dental providers for the child
			 after the child reaches 18 years of age; and
(G) The plan to meet life skill development
			 needs of the child by the time the child reaches 18 years of age.
(d) The caseworker must document
			 the determinations made under subsection (c) of this section and the
			 documentation must be signed by the child, when developmentally able to do so,
			 the caseworker, and may be signed by other persons attending the
			 meeting.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0456 - Health Care Notifications, Credit Reports, and Data Tracking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must notify any child or young adult over 17 years, six months of age in the
			 care or custody of the Department of the following information regarding health
			 care treatment:
(a) The importance of
			 designating another individual to make health care treatment decisions on their
			 behalf if they become unable to participate in such decisions and does not have
			 or does not want a relative who is otherwise authorized under state law to make
			 such decision; and
(b) The option
			 to execute a health care power of attorney, health care proxy, or other similar
			 document recognized under state law.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 30 - CASE MANAGEMENT - PROGRAM ELIGIBILITY › Section 413-030-0460 - Requirements at Independence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 least 60 days prior to the date on which the Department is requesting relief of
legal custody
of a
child
or
young
			 adult
reaching independence, the Department must inform the
child
or
young adult
of:
(a) The date, time, and location of the
			 hearing;
(b) The right to attend
			 the hearing, and the importance of attending; and
(c) The right to request assistance with
			 transportation to and from the hearing.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to rules in OAR chapter 413, division 040:
(1) "AAICPC" means the Association of
			 Administrators of the Interstate Compact on the Placement of Children, which is
			 the national professional association of state administrators of the Interstate
			 Compact on the Placement of Children, housed at the American Public Human
			 Services Association (APHSA).
(2)
			 "Action agreement" means a written document between the Department and a parent
			 or guardian that identifies one or more of the services or activities provided
			 by the Department or other community partners, in which the parent or guardian
			 may participate to achieve an expected outcome.
(3) "Acquired Immune Deficiency Syndrome
			 (AIDS)" is a disorder in which a person's immune system is severely suppressed.
			 It is caused by the human immunodeficiency virus (HIV). In order for a person
			 to be diagnosed as having AIDS, the virus, immune system suppression, and an
			 opportunistic infection or other condition stipulated by the U.S. Centers for
			 Disease Control must all be present. A laboratory diagnosis of a CD4 less than
			 200 also is an AIDS defined illness.
(4) "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 or young adult 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 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-040-0000  to 413-040-0032  is to describe
				the activities required to:
(1)
			 Complete a protective capacity assessment;
(2) Use the Family Engagement
			 Meeting;
(3) Develop a case
			 plan;
(4) Develop an action
			 agreement;
(5) Monitor the case
			 plan;
(6) Review and revise the
			 case plan;
(7) Determine when
			 conditions for return have been met; and
(8) Close the ongoing safety plan and close
			 the case.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010  & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0006 - Requirements for the Conditions for Return and the Protective Capacity Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 caseworker must determine conditions for return during the development of the
			 ongoing safety plan.
(2) The
			 conditions for return are documented in the ongoing safety plan and the case
			 plan, and must describe:
(a) The specific
			 behaviors, conditions, or circumstances that must exist before the Department
			 may develop an in-home ongoing safety plan that assures a child's safety, as
			 described in OAR 413-015-0450(2)(b)(A)(i)  - (iii); and
(b) The actions, services, and time
			 requirements of all participants in the in-home ongoing safety plan.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0011 - Requirements of Action Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department develops a time-limited action agreement in conjunction with the
			 case plan. If sufficient resources are available, the action agreement must use
			 culturally appropriate services and service providers whose interventions are
			 focused on the achievement by the parents or guardians of the expected outcomes
			 identified in the case plan.
(2)
			 The caseworker must ensure the action agreement includes all of the following:
(a) A minimum of one of the expected outcomes
			 in the case plan.
(b) The specific
			 activities or services required to achieve the expected outcome.
(c) Participants and the responsibilities of
			 each participant.
(d) Anticipated
			 start and completion dates.
(e) If
			 appropriate, identification of an order of the court that relates to the
			 expected outcome or specified activities or services.
(f) The method of measuring
			 progress.
(g) A timeline for
			 review.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0013 - Requirements for Monitoring the Case Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must:
(a) Make reasonable efforts to:
(A) Reduce the stay of a child or young adult
			 in substitute care;
(B) Reunify
			 the child or young adult with the parents or guardians whenever possible; and
(C) Achieve a permanency plan when
			 reunification is no longer possible.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0014 - Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 caseworker may replace an identified impending danger safety threat or add a
			 new impending danger safety threat to an ongoing safety plan during ongoing
			 case management.
(a) A caseworker may replace
			 an identified impending danger safety threat when:
(A) The Department determines the incorrect
			 impending danger safety threat was identified during the CPS assessment in
			 error; or
(B) After completing a
			 protective capacity assessment, receiving evaluations, or based on other new
			 information, the Department determines there is an impending danger safety
			 threat that more accurately describes the family behaviors, conditions, or
			 circumstances.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0017 - Requirements for Return and Reunification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker recommends returning the
			 child or young adult to a parent or guardian after the caseworker has reviewed
			 the impending danger safety threats identified in the CPS assessment that
			 required an out-of-home ongoing safety plan and verified that:
(a) The conditions for return in the case
			 plan have been met;
(b) The
			 identified impending danger safety threats can be managed with an ongoing
			 safety plan;
(c) The parents or
			 guardians are willing and able to accept responsibility for the care of the
			 child or young adult with an ongoing safety plan;
(d) The parents or guardians are willing and
			 able to continue participating in case plan services;
(e) Service providers who are currently
			 working with the child, young adult, parents or guardians, and other involved
			 persons including the child or young adult's CASA and attorneys have been
			 informed, in writing, of the plan to return the child or young adult with an
			 in-home ongoing safety plan; and
(f) No safety concerns for the child or young
			 adult are raised in the caseworker's review of the criminal history records and
			 child welfare protective service records of all persons currently residing in a
			 parent or guardian's home.