reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0080 - Compliance Reviews and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The BRS contractor must cooperate, and ensure its BRS providers cooperate, with
			 program compliance reviews or audits conducted by any federal, state or local
			 governmental agency or entity related to the BRS program including, but not
			 limited to, the reviews and audits described in OAR 407-120-0170, 407-120-0180,
			 407-120-0310, 407-120-1505  and 410-170-0120.
(2) The Department or its designee will
			 conduct compliance reviews periodically including, but not limited to, review
			 of documentation and on-site inspections.
(3) Upon receiving any notices or reports
			 related to compliance with a BRS contract, the Department will investigate the
			 report to determine whether there is any material breach of the terms of the
			 contract and take appropriate contract action.
(4) If the Department determines the BRS
			 contractor is not in compliance with its contract to provide BRS services or
			 placement-related activities, or is not in compliance with rule, state or
			 federal law or regulation, then the Department may:
(a) Provide technical assistance;
(b) Require the BRS contractor or BRS
			 provider to develop and implement a corrective action plan;
(c) Pursue any or all remedies authorized
			 under the contract;
(d) Pursue any
			 other remedy authorized by state or federal law; or
(e) Pursue any combination of (a) to (d) of
			 this section.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules, OAR 413-100-0000  to 413-100-0345,
				is to describe the Department's responsibilities and criteria for making the
				following determinations, which are used to ensure proper federal
				reimbursement:
(1) Title IV-E
			 eligibility for children and young adults whose placement and care are the
			 responsibility of the Department or another public agency with which the
			 Department has made an agreement which is in effect;
(2) Title IV-E eligibility for children who
			 are candidates for foster care;
(3)
			 Title IV-E eligibility for pregnant or parenting foster youth;
(4) Adoption Assistance Title IV-E
			 eligibility; and
(5) Guardianship
			 Assistance Title IV-E eligibility.
Statutory/Other Authority: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "AFDC" means
			 the Aid to Families with Dependent Children program as it existed on July 16,
			 1996, excluding changes implemented by the Oregon Options Waiver.
(2) "Candidate for foster care" means a child
			 identified in a prevention plan as being at imminent risk of entering foster
			 care, but who can remain safely in the child's home or with a kin caregiver as
			 long as services or programs that are necessary to prevent foster care are
			 provided.
(3) "Child" means a
			 person under 18 years of age.
(4)
			 "Child care institution" means a private child care institution, or a public
			 child care institution that accommodates no more than 25 children, and is
			 licensed by the state or tribe in which it is situated or approved by the
			 agency of the state or tribal licensing authority responsible for licensing or
			 approval of institutions of this type. This includes non-qualified residential
			 treatment programs and qualified residential treatment programs as defined in
			 OAR 413-095-0000.
(5) "Child
			 support" means any voluntary or court-ordered contribution by an absent parent.
			 Support includes, but is not limited to, money payments, education, and
			 necessary and proper shelter, food, clothing, and medical attention.
(6) "Countable income" means the amount of
			 available income, including earned income and unearned income not specifically
			 excluded by OAR 461-140-0040  (rules in effect July 16, 1996), used to determine
			 eligibility for public assistance.
(7) "Date the child is considered to have
			 entered foster care" is a federal term meaning the earlier of the following:
(a) The date that the court makes a finding
			 that the child was subjected to child abuse or neglect; or
(b) 60 days from the date the child was
			 removed from the home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Exhibits referenced are available from the
				  agency.
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0015 - Application for Title IV-E Foster Care Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child for whom the Department has
			 responsibility for placement and care must be referred by the Department to a
			 Title IV-E Specialist for a Title IV-E eligibility determination.
(2) A child who has been determined a
			 candidate for foster care must be referred by the Department to a Title IV-E
			 Specialist for Title IV-E eligibility verification.
(3) Title IV-E eligibility or reimbursement
			 must not be authorized on behalf of any child or young adult prior to the
			 establishment of eligibility by the Department's Title IV-E Specialist. A child
			 or young adult is not Title IV-E eligible based on presumed
			 eligibility.
Statutory/Other Authority: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0065 - Title IV-E Reimbursable Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Title IV-E foster care maintenance
			 payments for a child or young adult in foster care may cover expenses listed in
			 the following subsections:
(a) The cost for
			 and the cost of providing food, clothing, shelter, daily supervision, school
			 supplies, a child or young adult's personal incidentals, liability insurance
			 with respect to the child or young adult, and reasonable travel to the child or
			 young adult's home for visitation with family or other caretakers, and
			 reasonable travel for the child or young adult to remain in the school in which
			 the child or young adult is enrolled at the time of placement. Local travel
			 associated with providing the items listed in this subsection is also an
			 allowable expense.
(b) For a child
			 care institution, the Title IV-E foster care maintenance payment must include
			 reimbursement for the institution's reasonable administrative and operating
			 expenses required to provide the items described in subsection (a) of this
			 section.
(c) Title IV-E funds may
			 be claimed retroactively for up to two years.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0060 - Title IV-E Reimbursable Placements

Current through Register Vol. 63, No. 7, July 1, 2024
Reimbursable Placements Types. The out-of-home placement types
				listed in sections (1) and (2) meet the Title IV-E definition of a reimbursable
				placement. The out-of-home placement type listed in section (3) is reimbursable
				by Title IV-E for only the first 14 days of a child or young adult's placement
				in that setting.
(1) Family foster
			 home settings:
(a) The home of a certified
			 non-relative; or
(b) The home of a
			 certified relative.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0075 - Eligibility Status

Current through Register Vol. 63, No. 7, July 1, 2024
Each Title IV-E eligibility determination must result in an
				eligibility status based on the following criteria:
(1) Eligible and Reimbursable. The child or
			 young adult is determined to have met all the Title IV-E eligibility
			 requirements and is in one of the following placement types:
(a) A foster family home that is fully
			 certified with all safety requirements of 471(a)(20)(D) of the Social Security
			 Act complete;
(b) A supervised
			 setting that is approved by the Department, in which a young adult is living
			 independently;
(c) A QRTP, when all
			 the following requirements are also met:
(A)
			 Within 30 days of placement, the child or young adult has received an
			 Independent Assessment for QRTP, as defined in 413-095-0000, that supports the
			 QRTP level of care. If the assessment does not support the QRTP level of care,
			 the child or young adult remains eligible and reimbursable for 30 days after
			 this decision.
(B) Within 60 days
			 of placement, the court has approved the QRTP level of care. If the court does
			 not approve the QRTP level of care, the child or young adult remains eligible
			 and reimbursable for 30 days after the court's decision.
(d) A setting specializing in providing
			 prenatal, post-partum, or parenting supports for youth; or
(e) A setting providing high-quality
			 residential care and supportive services to children who have been found to be
			 sex trafficking victims or are at risk of becoming sex trafficking
			 victims.
(f) For the first 14 days
			 of placement in a placement type described in OAR 413-100-0060(3).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0080 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When completing
			 an initial determination pursuant to OAR 413-100-0125  to 413-100-0240, the
			 child's Title IV-E eligibility status will be effective the first day of
			 placement.
(2) When completing an
			 annual redetermination pursuant to OAR 413-100-0270, the child's Title IV-E
			 eligibility status will be effective 365 days from the date the child was
			 considered to have entered foster care and every 12 months
			 thereafter.
(3) When completing a
			 redetermination as a result of a change in a child or young adult's placement,
			 the child or young adult's Title IV-E eligibility status will be effective the
			 date of the new placement. Placement changes affecting Title IV-E eligibility:
(a) The child moves from a foster home that
			 has a Temporary Certificate of Approval to a foster home that has a Certificate
			 of Approval.
(b) The child moves
			 from a foster home that has a Certificate of Approval to a foster home that has
			 a Temporary Certificate of Approval.
(c) The child or young adult is placed with
			 the parent on trial reunification, and the Department retains placement and
			 care responsibilities.
(d) The
			 child returns to a foster care placement within six months of the start of a
			 trial reunification, and the Department has continued placement and care
			 responsibilities.
(e) The child or
			 young adult moves to a placement that is not Title IV-E reimbursable.
(f) The child leaves the foster care
			 placement and is considered to have run away.
(g) The child or young adult is placed in a
			 QRTP and:
(A) The Independent Assessment is
			 not completed within 30 days of the placement;
(B) The Independent Assessment is completed
			 and does not support the QRTP level of care;
(C) The court does not rule on the
			 appropriateness of the placement within 60 days of placement; or
(D) The court disapproves the QRTP
			 placement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0090 - Correcting Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
A child's eligibility must be corrected when any of the
				following circumstances occur:
(1)
			 Financial information for the eligibility unit is obtained.
(2) Information becomes available that proves
			 the denial of the child's initial Title IV-E eligibility determination was
			 inaccurate.
(3) A transcript or
			 recording of the court hearing is obtained that verifies the required judicial
			 finding was made during the court hearing.
Statutory/Other Authority: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0110 - Eligibility End Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Foster Care.
			 Title IV-E foster care eligibility must end when a child or young adult is
			 discharged from foster care for any of the following reasons:
(a) The date the Department ceases to have
			 responsibility for the placement and care of the child or young
			 adult.
(b) The date in which trial
			 reunification ends at six months or no later than the last day of a court
			 ordered extension.
(c) The date the
			 young adult reaches the age of 21 years old.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0125 - Initial Determination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for Title IV-E at the time of removal, a child
				must meet all the following requirements:
(1) U.S. citizenship, as required by OAR
			 413-100-0210.
(2) Age, as required
			 by OAR 413-100-0230.
(3) Removal
			 from the home of the specified relative, as required by OAR
			 413-100-0135.
(4) Judicial language
			 in court orders, as required by OAR 413-100-0240.
(5) AFDC eligibility, as required by OAR
			 413-100-0135  through 413-100-0200.
(6) Parental deprivation, as required by OAR
			 413-100-0150.
Statutory/Other Authority: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  409.050 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0135 - Removal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Specified relative requirements. To meet Title IV-E eligibility requirements,
			 the child must have lived at some point during the six months prior to removal
			 with a specified relative.
(2)
			 Removal requirements for a child age 17 or younger. To meet Title IV-E
			 eligibility requirements, the child's removal from the home must occur pursuant
			 to:
(a) A voluntary custody agreement or
			 voluntary placement agreement, signed by a specified relative, that results in
			 the physical or constructive removal of the child from the home; or
(b) A judicial order that requires the
			 child's physical or constructive removal from the specified relative and gives
			 the Department responsibility for the placement and care of the
			 child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0150 - Determining Parental Deprivation

Current through Register Vol. 63, No. 7, July 1, 2024
Deprivation of parental support in relation to the removal home
				exists in any of the following circumstances:
(1) Either parent of a child is
			 deceased.
(2) One or both parents
			 are absent from the home as described by one of the following:
(a) One or both parents are out of the home,
			 and the nature of the absence is such as to either interrupt or terminate the
			 parent's functioning as a provider of maintenance, physical care, or guidance
			 for the child;
(b) There is
			 evidence of continued absence of more than 30 days; or
(c) There is a predictable absence due to
			 divorce, legal separation, incarceration, or other verified and documented
			 circumstances.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0160 - Determining Financial Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 the time of the initial Title IV-E determination, the Department must review
			 the income and resources available to the eligibility unit during the
			 eligibility month to determine whether the child would have been eligible for
			 AFDC under rules in effect on July 16, 1996.
(2) To be eligible for Title IV-E, the income
			 and resources available to the eligibility unit must meet both the countable
			 income limit (185 percent of the basic standard) and the adjusted
			 income/payment standard (basic standard plus minimum wage equalization
			 allowance).
(3) If the child is
			 removed from the home of a specified relative that is a parent, the Department
			 must:
(a) Determine the countable gross
			 earned income of all members in the eligibility unit including the $90 standard
			 earned income deduction, when applicable;
(b) Determine the countable unearned income
			 of all members in the eligibility unit including the $50 child support
			 deduction, when applicable;
(c)
			 Exclude individuals receiving SSI or a combination of SSI and other Social
			 Security benefits from the number in the eligibility unit for all AFDC
			 calculations; and
(d) Apply the
			 AFDC countable income limit (185 percent of the basic standard) with adult and
			 the adjusted income/payment standard (basic standard plus minimum wage
			 equalization allowance) with adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0170 - Determining Resources

Current through Register Vol. 63, No. 7, July 1, 2024
A child is not Title IV-E eligible if in the eligibility month
				all resources available to the eligibility unit that are not excluded by
				Department rules in effect on July 16, 1996, exceed the resource limit.
(1) The resource limit for an eligibility
			 unit is $10,000.
(2) A resource
			 considered available to the eligibility unit includes:
(a) Cash on hand.
(b) Cash in a safe deposit box.
(c) Checking or savings accounts.
(d) Stocks, bonds and other securities
			 including Certificates of Deposit.
(e) Trust fund if legally available for
			 use.
(f) Equity value of prepaid
			 burial arrangement. Of the equity value of a prepaid burial arrangement, $1,500
			 is exempt.
(g) Equity value of life
			 insurance policy.
(h) Equity value
			 of recreational vehicles used for amusement.
(i) Equity value of motor vehicles. Of the
			 equity value of a licensed motor vehicle, $1,500 is exempt if it is utilized
			 for day-to-day transportation. If an eligibility unit has more than one
			 licensed motor vehicle, only one vehicle is eligible for the
			 exemption.
(j) Equity value of real
			 property (land and buildings).
(k)
			 Equity value of income producing property.
(l) Equity value of work related
			 equipment.
(m) Tax
			 refunds.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0180 - Earned Income of Students

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The earned income of a child or young adult who has a GED or high school
			 diploma and is included in the eligibility unit is counted when determining
			 Title IV-E eligibility.
(2) Earned
			 income is not counted for:
(a) A child, 18
			 years old or younger, who is a full-time student in grade 12 or below (or the
			 equivalent level of vocational training or GED courses); or
(b) A child, who is a full-time or part-time
			 student (as defined by the institution) in grade 12 or below (or in the
			 equivalent level of vocational training or GED courses), and not employed
			 full-time.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0190

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0200

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0210 - U.S. Citizenship and Qualified Non-citizens

Current through Register Vol. 63, No. 7, July 1, 2024
A Title IV-E eligible child or young adult must be:
(1) A United States citizen; or
(2) A qualified non-citizen is defined by the
			 Personal Responsibility and Work Opportunity Reconciliation Act of 1996
			 (PRWORA), P.L.
			 104-193. Under Section 431 of PRWORA, a qualified
			 non-citizen's access to federal public benefits is restricted for five years
			 beginning on the date of the qualified non-citizen's entry into the United
			 States, unless subsection (b), (c), or (d) of this section applies. Under
			 PRWORA, a qualified non-citizen is:
(a)
			 Lawfully admitted into the United States for permanent residence under the
			 Immigration and Nationality Act (the "Act");
(b) Granted asylum under Section 208 of the
			 Act;
(c) A refugee admitted to the
			 United States under section 207 of the Act;
(d) Paroled into the United States under
			 section 212(d)(5) of the Act for a period of at least one year;
(e) An individual whose deportation is being
			 withheld under Section 243(h) of the Act;
(f) An individual granted conditional entry
			 under section 203(a)(7) of the Act as in effect prior to April 1,
			 1980;
(g) If the child is a
			 qualified non-citizen who is placed with a qualified non-citizen or United
			 States citizen, the date the child entered the United States is irrelevant, and
			 the five-year restriction on federal public benefits does not apply;
			 or
(h) If the child is a qualified
			 non-citizen who entered the United States on or after August 22, 1996, and is
			 placed with an unqualified qualified non-citizen, the child would be subject to
			 the five-year residency requirement for federal public benefits at section
			 403(a) of PRWORA unless the child is in one of the excepted groups identified
			 at section 403(b).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0220

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  412.144 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0230 - Age Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be Title IV-E eligible, a child or young adult must
				be:
(1) A child at the time of
			 removal.
(2) At redetermination:
(a) A child; or
(b) A young adult, who meets one of the
			 following requirements:
(A) Completing his or
			 her 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 and regularly updated information in the case plan of the
			 young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0240 - Judicial Finding Requirements for Title IV-E Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reasonable
			 efforts determination. The Title IV-E agency must make reasonable efforts to
			 maintain the family unit and prevent the unnecessary removal of a child from
			 his or her home; to affect the safe reunification of the child and family; and
			 to make and finalize alternate permanency plans in a timely manner when
			 reunification is not appropriate or possible.
(a) Judicial determination of reasonable
			 efforts to prevent a child's removal from the home. When a child is removed
			 from his or her home, the Title IV-E agency must obtain a judicial
			 determination that reasonable efforts were made or were not required to prevent
			 the removal (pursuant to section (2) of this rule). This judicial determination
			 must be obtained no later than 60 days from the date the child is removed from
			 the home.
(b) Judicial
			 determination of reasonable efforts to finalize a permanency plan. The Title
			 IV-E agency must obtain a judicial determination that it has made reasonable
			 efforts to finalize the permanency plan that is in effect within 12 months of
			 the date the child is considered to have entered foster care and at least once
			 every 12 months thereafter while the child is in foster care.
(c) Circumstances in which reasonable efforts
			 are not required. Reasonable efforts to prevent a child's removal from home or
			 to reunify the child and family are not required if the Title IV-E agency
			 obtains a judicial determination that such efforts are not required because a
			 court determines one of the following circumstances exists:
(A) The parent has subjected the child to
			 aggravated circumstances including, but not limited to, one of the reasons
			 listed in ORS
			 419B.340(5)(a);
(B) The parent has been convicted in any
			 jurisdiction of one of the crimes listed in ORS
			 419B.340(5)(b);
			 or
(C) The parent's rights to
			 another child have been terminated involuntarily.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050,
				  412.084,
				  418.005,
				  419B.175,
				  419B.180 &
				  419B.185
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  412.084,
				  418.005,
				  419B.175,
				  419B.180 &
				  419B.185
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0270 - Redetermination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must complete an annual redetermination no later than 12 months from
			 the date the child is considered to have entered foster care, and every 12
			 months thereafter, for the duration of the child or young adult's substitute
			 care episode to determine whether the child or young adult continues to meet
			 the following Title IV-E eligibility requirements during the review period:
(a) The child or young adult continues to
			 meet the age requirements under OAR 413-100-0230;
(b) The judicial finding requirements for
			 reasonable efforts under OAR 413-100-0240  continues to be met; and
(c) The child or young adult was placed in a
			 fully certified foster or relative caregiver home or with a licensed child
			 caring agency during the redetermination period.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0280

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  409.050 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0320 - Consolidated Omnibus Reconciliation Act (COBRA) and Title XIX Medicaid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The COBRA of
			 1985, PL 99-272 enacted on April 7, 1986, permits a Title IV-E eligible child
			 in paid substitute care or receiving adoption assistance to receive Title XIX
			 Medicaid coverage from the state in which he or she resides.
(2) For a Title IV-E foster care eligible
			 child being placed outside of Oregon, the Department must provide the following
			 information to the foster or adoptive parents:
(a) Confirmation of the child's Title IV-E
			 eligibility;
(b) Notification of
			 the discontinuance of the child's Oregon Medicaid coverage; and
(c) A letter stating the child's eligibility
			 under COBRA for applying for Title XIX Medicaid coverage in the child's new
			 state of residence.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0335 - Title IV-E Adoption Assistance Eligibility Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child is not
			 eligible for Title IV-E adoption assistance when:
(a) The child is not a citizen or resident of
			 the United States; and
(b) The
			 child was adopted outside of the United States or was brought into the United
			 States for the purpose of being adopted.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0345 - Guardianship Assistance Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for Title IV-E
			 guardianship assistance, the child and prospective guardian must meet the
			 eligibility requirements as described in OAR 413-070-0917.
(2) The Title IV-E guardianship assistance
			 determination must be completed by a IV-E Specialist on a form approved by the
			 Department.
(3) Title IV-E
			 Guardianship Assistance Eligibility Denial Notices and the Right to a Hearing.
(a) Title IV-E Guardianship Assistance Denial
			 Notices
(A) The Department must complete a
			 "Denial of Title IV-E Guardianship Assistance Eligibility" form at the time of
			 the child's Title IV-E eligibility denial for guardianship
			 assistance.
(B) The Department must
			 send a "Denial of Title IV-E Guardianship Assistance Eligibility" form by
			 certified mail to the prospective relative guardian when the child's
			 eligibility for Title IV-E guardianship assistance is denied.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-100-0400  to
				413-100-0530  is to set
				forth policies and criteria the Department uses to determine eligibility for:
(1) Medical assistance under Title
			 XIX of the Social Security Act for a child or young adult in substitute care
			 and in the care and custody of the Department or another state;
(2) Medical assistance under Title XIX for a
			 child or young adult under an adoption assistance agreement or guardianship
			 assistance agreement through the Department or another state;
(3) General Assistance medical for a child or
			 young adult who does not meet the eligibility criteria for Title XIX Medicaid;
			 and
(4) Medical eligibility for
			 children entering Oregon under an Interstate Compact for the Placement of
			 Children (ICPC) or Interstate Compact on Adoption and Medical Assistance
			 (ICAMA) agreement.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0420 - Child Welfare Title XIX Medicaid Program Eligible Populations

Current through Register Vol. 63, No. 7, July 1, 2024
Only the following children and young adults may be eligible
				for Child Welfare Title XIX Medicaid:
(1) A child or young adult in substitute
			 care, which may include:
(a) A child or young
			 adult in foster care.
(b) A child
			 or young adult receiving Supplemental Security Income (SSI).
(c) A child or young adult held temporarily
			 in a county or state juvenile detention facility.
(d) A child or young adult in a subsidized
			 Independent Living Program.
(e) A
			 child or young adult who returned home in a trial reunification for up to six
			 months.
(f) A child or young adult
			 in a pre-adoptive placement.
(g) A
			 child or young adult on runaway status who would otherwise be in substitute
			 care, as long as the Department retains custody of the child or young adult and
			 the child or young adult would continue to be in substitute care and Child
			 Welfare Title XIX Medicaid eligible if not on runaway status.
(h) A child or young adult hospitalized while
			 under the Department's protective custody is eligible, if at the time of
			 hospitalization, the Department's intent was to place the child or young adult
			 in substitute care.
(i) A child or
			 young adult from Oregon placed in substitute care in another state through ICPC
			 and the receiving state has denied the child or young adult medical coverage.
(j) A child or young adult
			 admitted to the hospital prior to entering substitute care and a newborn
			 released from the hospital into substitute care. Eligibility for a child or
			 young adult is effective on the date the Department finds the child or young
			 adult is eligible but not earlier than the date the Department obtains custody
			 of the child or young adult.
(k)
			 Newborns in the following situations:
(A) A
			 baby born to a mother receiving medical benefits under Title XIX Medicaid from
			 the Oregon Health Authority is eligible for Title XIX Medicaid due to the
			 mother's coverage.
(B) A baby born
			 to a mother not receiving medical benefits under Title XIX Medicaid from the
			 Oregon Health Authority, to ensure coverage of birth expenses if:
(i) The Department obtains custody of the
			 baby during its hospitalization; and
(ii) Child Welfare Title XIX Medicaid
			 coverage is entered in the Department's electronic information system effective
			 the date of birth.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0430 - Eligibility Determination for a Child or Young Adult in Substitute Care

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 413-100-0435(7), the following
				policies apply to a child or young adult in substitute care:
(1) Before a child or young adult in
			 substitute care may receive a medical card providing Child Welfare Title XIX
			 Medicaid services, the Department must determine the eligibility of the child
			 or young adult for Child Welfare Title XIX Medicaid.
(2) A child or young adult covered by OAR
			 413-100-0420  who meets one of the following criteria is categorically eligible
			 for Child Welfare Title XIX Medicaid:
(a) Is
			 eligible for Title IV-E foster care payments; or
(b) Is receiving Supplemental Security Income
			 (SSI).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0432 - Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid

Current through Register Vol. 63, No. 7, July 1, 2024
Payment may be made for emergency medical services only for a
				child or young adult in the Department's care or custody. The payment is made
				from the local office's "Other Medical" budget.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0435 - Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Child Welfare Post Adoption Program
			 will determine and maintain Child Welfare Title XIX Medicaid eligibility for
			 the following children and young adults:
(a)
			 A child or young adult who has exited Department custody as the result of a
			 finalized adoption, and the child or young adult is the subject of an effective
			 adoption assistance agreement administered by the Department. Prior to the
			 adoption finalization the child or young adult receives medical coverage as
			 described in OAR 413-100-0430.
(b)
			 A child or young adult who is determined eligible for guardianship assistance
			 and is the subject of an effective guardianship assistance agreement
			 administered by the Department.
(c) A child or young adult who is the subject
			 of an adoption that does not require the Department's consent and is the
			 subject of an effective adoption assistance agreement administered by the
			 Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0445 - Youth in Detention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (2) of this rule, an individual held in a county or
			 state juvenile detention facility is ineligible for Child Welfare Title XIX
			 Medicaid or General Assistance medical coverage.
(2) An individual held in a county or state
			 juvenile detention facility may be eligible for new or continuation of Child
			 Welfare Title XIX Medicaid or General Assistance medical coverage under the
			 following situations:
(a) If the child or
			 young adult is in detention and going back to substitute care.
(b) When the child or young adult is in Child
			 Welfare care or custody and will be in a detention facility temporarily.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0451 - Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Children's Medical Unit will
			 determine and maintain Title XIX Medicaid eligibility for a child or young
			 adult placed in Oregon from another state pursuant to an approved ICPC request
			 or eligible for medical assistance in Oregon under ICAMA.
(2) A child or young adult placed in Oregon
			 pursuant to an approved ICPC request is eligible for medical assistance in
			 Oregon when at least one of the following criteria are met:
(a) The child or young adult is placed in
			 substitute care in Oregon;
(b) The
			 child or young adult is placed in a psychiatric or behavioral residential
			 treatment facility in Oregon and intends to remain in Oregon permanently; or
(c) The child or young adult is
			 placed in a psychiatric or behavioral residential treatment facility in Oregon
			 and has been determined Title IV-E eligible.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0455 - Out-of-State Placements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for
			 Child Welfare Title XIX Medicaid coverage in the state of residence for a child
			 or young adult receiving Title IV-E foster care payments.
(2) A child or young adult who is Title IV-E
			 eligible in Oregon and placed in substitute care in another state is eligible
			 for Title XIX Medicaid in the state of residence.
(3) A non-Title IV-E child or young adult in
			 DHS care or custody and placed in another state must contact the Child Welfare
			 Title XIX Medicaid agency in that state for a Title XIX Medicaid determination.
			 If that state determines the child or young adult is not eligible for Title XIX
			 Medicaid, the child or young adult may be eligible for Oregon's Child Welfare
			 Title XIX Medicaid or General Assistance medical if the child or young adult
			 meets the eligibility requirements. (See OAR 413-100-0430)
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0457 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  411.404,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  411.404,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0460 - Citizenship and Non-Citizens

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be
			 eligible for medical assistance under Child Welfare Title XIX Medicaid, the
			 child or young adult must meet the requirements of one of the following
			 subsections:
(a) Be a United States
			 citizen.
(b) Be a qualified
			 non-citizen under section (2) of this rule who meets the non-citizen status
			 requirements in section (3) of this rule.
(c) Be a citizen of Puerto Rico, Guam, the
			 Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana
			 Islands.
(d) Be a national from
			 American Samoa or Swains Islands.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0530 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 is responsible for compliance with the requirements of the Office of Management
			 and Budget, OMB Circular A-133, available at:
			 http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 [File
			 Link Not Available].
(2) All cases
			 to be reviewed by state auditors, including internal audits, or federal
			 auditors are requested through the Department's Federal Compliance Unit. All
			 case material (eligibility and service records) are made available for review
			 upon request. The cases are randomly selected and must meet the criteria
			 specific to the requirements of state and federal auditors.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0800 - Child Support Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The parents of a child in a paid substitute care placement may be required to
			 make monthly child support payments to the state until one of the following
			 occurs:
(a) The child is reunified with the
			 parent.
(b) The child turns 18 or
			 as long as the child is attending school as defined in ORS
			 107.108.
(c) Parental rights have been terminated or
			 relinquished.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 100 - SUBSTITUTE CARE - FUNDING ELIGIBILITY › Section 413-100-0810 - Child Support Arrears Owed to Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Child support arrears resulting from
			 nonpayment during an episode of Department custody will be assigned and
			 payments disbursed as prescribed by law.
(2) Any child support arrears owed to the
			 Department after termination of assignment to the Department will be collected
			 by DCS and payments disbursed to the Department until the debt for past paid
			 substitute care is fulfilled, or until the legal time frame for collection of
			 the debt expires whichever is earlier. The legal time frame for collection of
			 the debt expires 35 years from the judgment date.
(3) With approval of the Child Permanency
			 Program Manager or designee or the Federal Compliance Program Manager or
			 designee, DCS may grant:
(a) A file credit,
			 wherein the child support arrears are not actively pursued, but will remain on
			 file, and the agency reserves the right to collect the arrears at a later date;
			 or
(b) A satisfaction on the
			 arrears, wherein the child support arrears are forgiven through the court and
			 the agency may not attempt to collect from the parent.