reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 5 - GENERAL › Section 413-005-0050 - Child Welfare COVID-19 and Emergency Response

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department amends the following
			 administrative rules as follows:
(a) OAR
			 413-040-0000 (23), when authorized by the Child Welfare Director,
			 "face-to-face" means an in-person interaction between individuals that may be
			 completed via videoconferencing.
(b) OAR 413-080-0050 (8), when authorized by
			 the Child Welfare Director, "face-to-face" means an in-person interaction
			 between individuals that may be completed via videoconferencing.
(c) OAR 413-200-0260, regarding definitions
			 that apply to OAR Chapter 413, Division 200, to add the following definitions
			 as follows:
(A) "Face-to-face" when
			 authorized by the Child Welfare Director, "face-to-face" means an in-person
			 interaction between individuals that may be completed via
			 videoconferencing.
(B) "Home visit"
			 means a face-to-face contact at an individual's residence.
(d) OAR 413-070-0000, regarding definitions
			 that apply to OAR Chapter 413, Division 070, as follows: (29)"Face-to-face"
			 when authorized by the Child Welfare Director, "face-to-face" means an
			 in-person interaction between individuals that may be completed via
			 videoconferencing.
(e) OAR
			 413-030-0000, regarding definitions that apply to OAR Chapter 413, Division
			 030, to add the following definition: "Face-to-face" when authorized by the
			 Child Welfare Director, "face-to-face" means an in-person interaction between
			 individuals that may be completed via videoconferencing.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to OAR chapter 413, division 10.
(1) "Adoption assistance" means assistance
			 provided on behalf of an eligible child or young adult to offset the costs
			 associated with adopting and meeting the ongoing needs of the child or young
			 adult. "Adoption assistance" may be in the form of payments, medical coverage,
			 reimbursement of nonrecurring expenses, or special payments.
(2) "Adoption records, papers, and files"
			 means all documents, writings, information, exhibits, and other filings
			 retained in the court's record of an adoption case pursuant to ORS
			 109.319 and includes but is not
			 limited to the Adoption Summary and Segregated Information Statement described
			 in ORS 109.317 and exhibits attached to
			 the statement, the petition and exhibits attached to the petition pursuant to
			 ORS 109.315, and any other motion,
			 judgment, document, writing, information, exhibit, or filing retained in the
			 court's record of the adoption case.
(3) "Adoptive family" means an individual or
			 individuals who have legalized a parental relationship to the
child
who joined the family through a judgment of the
			 court.
(4) "Adult" means a person
			 18 years of age or older.
(5) "Base
			 rate payment" means a payment to the resource parent or relative resource
			 parent at a rate established by the Department for the costs of providing the
child
or
young adult
with the following:
(a) Food, including the special or unique
			 nutritional needs of the
child
or
young
			 adult
;
(b) Clothing,
			 including purchase and replacement;
(c) Housing, including maintenance of
			 household utilities, furnishings, and equipment;
(d) Daily supervision, including teaching and
			 directing to ensure safety and well-being at a level appropriate for the
			 chronological age of the
child
or
young
			 adult
;
(e) Personal
			 incidentals, including personal care items, entertainment, reading materials,
			 and miscellaneous items; and
(f)
			 Transportation, including gas, oil, and vehicle maintenance and repair costs
			 for local travel associated with providing the items listed above, and
			 transportation to and from extracurricular, child care, recreational, and
			 cultural activities.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-010-0010  to 413-010-0075  is to describe
				circumstances in which the Department may and may not disclose client
				information without a court order.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.225,
				  419A.170,
				  419A.255
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0030 - Protection of Information

Current through Register Vol. 63, No. 7, July 1, 2024
In the interest of family privacy and to protect children,
				families and other recipients of services, except as provided by Oregon
				statutes and these rules:
(1) Client
			 information is confidential.
(2)
			 Client records are not available for public inspection.
(3) Oregon statutes and these rules regulate
			 the Department's disclosure of client information by prohibiting disclosure of
			 some client information, mandating disclosure of some information, and giving
			 the Department discretion to disclose some information, as summarized below:
(a) Summary of some "prohibited disclosures",
			 See OAR 413-010-0035, generally, which includes but is not limited to:
(A) Information compiled for criminal law
			 enforcement purposes. See OAR 413-010-0035(3);
(B) Alcohol and drug abuse treatment records.
			 See OAR 413-010-0035(6);
(C)
			 Information in records sealed by a court order of expunction. See OAR
			 413-10-0035(7);
(D) Adoption
			 records. See OAR 413-010-0035(8);
(E) Adoption assistance records. See OAR
			 413-010-0035(9);
(F) Information
			 identifying a person who reported suspected child abuse. See OAR
			 413-010-0035(10);
(G) Records and
			 reports of child abuse. See OAR 413-010-0035(11); and
(H) Juvenile court records. See OAR
			 413-010-0035(12).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0035 - Prohibited Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 court order or a specific statute requires the Department to disclose
			 information that this rule protects, the Department must disclose the
			 information.
(2) The Department may
			 not disclose client information:
(a) For
			 purposes not directly connected with the administration of child welfare laws;
			 or
(b) When disclosure is not
			 required nor authorized by:
(A) ORS
			 419B.035 (governing
			 confidentiality of child abuse records), set out in section (11) of this
			 rule;
(B) ORS
			 419A.255 (governing
			 confidentiality of juvenile court records) set out in section (12) of this
			 rule; or
(C) Another
			 statute.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0045 - Mandatory Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must disclose client information if disclosure is required by ORS
			 419A.255 or
			 419B.035.
(2) Unless a client record is exempt from
			 disclosure under the Public Records Law, ORS
			 192.311 through
			 192.431, the Department must
			 disclose the client record in the circumstances described below:
(a) If the client is 18 years or older or
			 legally emancipated, the Department must disclose, upon request:
(A) The client's records to the client if no
			 court order prohibits the disclosure; or
(B) The client's records to a third party if
			 no court order prohibits the disclosure and the client has authorized the
			 Department in writing to disclose the records to the third party.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0055 - Mandatory Disclosure if in the Child's Best Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless client information is exempt from
			 disclosure under another provision of law, and if disclosure is in the child's
			 best interest, the Department will disclose client information records to the
			 following persons:
(a) Employees of the
			 Department of Human Services to the extent necessary to perform their official
			 duties, determine the child's or family's eligibility for services, or provide
			 services to the child or family;
(b) The Division of Child Support of the
			 Department of Justice, when information is needed in order to locate children
			 or absent parents, and to establish support for children in substitute care;
			 and
(c) Treatment providers,
			 resource parents, adoptive parents, school officials or other persons providing
			 services to the child or family to the extent that such disclosure is necessary
			 to provide services to the child or family. Such services include, but are not
			 limited to, those provided by resource parents, child care centers, private
			 child caring agencies, treatment centers, Indian social service or child
			 welfare agencies, physicians and other health care providers, mental health
			 professionals, volunteers, student interns, and child protection
			 teams.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0065 - Discretionary Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may disclose client information when disclosure is required or
			 authorized by:
(a) ORS
			 419B.035 (governing
			 confidentiality of child abuse reports and records), set out in OAR
			 413-010-0035(11); or
(b) ORS
			 419A.255 (governing
			 confidentiality of juvenile court records) set out in OAR
			 413-010-0035(12).
(c) ORS
			 409.225,
			 419B.035 and
			 419B.881 (governing
			 confidentiality of record of sexual orientation, gender identity or gender
			 expression) set out in the above rules.
(d) ORS
			 109.289 (governing
			 confidentiality of adoption records) set out in OAR 413-010-0035(8).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0068 - Disclosure of Information Exempt Under the Public Records Law

Current through Register Vol. 63, No. 7, July 1, 2024
Unless required by court order or specific statute, the
				Department shall not disclose information in a client file if the information
				is exempt under the Public Records Law.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0075 - Disclosure Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Child Welfare Program Manager or the manager's designee must supervise access
			 to records.
(2) The Child Welfare
			 Program Manager or manager's designee must approve in writing the disclosure or
			 redisclosure of client information in the following circumstances:
(a) The Department currently is the child's
			 legal custodian or guardian or the Department was the child's legal custodian
			 or guardian when the Department authorized services;
(b) The Department currently is serving the
			 child pursuant to an Interstate Compact or other interstate agreement;
			 or
(c) The child is or was
			 evaluated or provided services in conjunction with the Department assessment
			 following a protective service report, regardless of the child's legal status
			 at the time.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0076 - Considerations and Process in Determining Disclosure of a Record of Sexual Orientation, Gender Identity or Gender Expression

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
child
makes a
			 statement that meets the definition of a
record of sexual orientation,
			 gender identity or gender expression
to a
Department
employee, the employee will identify in written records that the information
			 must remain confidential.
(2) By
			 default the written
record of sexual orientation, gender identity or
			 gender expression
must remain confidential unless:
(a) The Department determines, in written
			 findings, that failure to disclose the record is reasonably likely to
			 jeopardize the child's safety or well-being;
(b) The Department determines, in written
			 findings, that disclosure of the record is necessary to provide services to the
			 child or the child's family;
(c)
			 The child consents to the disclosure.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0081 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 409.050418.005 &
				  419B.035
Stats Implemented: ORS
				  409.010,
				  409.225,
				  418.005 &
				  419B.035
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0082 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  418.005 7
				  418.945
Stats Implemented: ORS
				  409.010,
				  418.005 &
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0083 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  418.005 &
				  419B.035
Stats Implemented: ORS
				  409.010,
				  409.225,
				  418.005 &
				  419B.03
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0085 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  418.005 &
				  419B.035
Stats Implemented: ORS
				  409.010,
				  409.225,
				  418.005 &
				  419B.035
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0170 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-010-0170  to 413-010-0185  is to:
(1) Describe the rights and protection each
child
and
young adult
in the legal custody of
			 the Department is entitled to receive from the Department;
(2) Establish the Oregon Foster Children's
			 Bill of Rights, as provided in ORS
			 418.200 to
			 418.202;
			 and
(3) Establish the Oregon Foster
			 Children's Sibling Bill of Rights, as provided in Oregon Laws 2017 chapter
			 36.
Statutory/Other Authority: ORS
				  418.005  & 418.202
Statutes/Other Implemented: ORS
				  418.005,
				  418.201,
				  418.202,
				  419B.343  & 418.606-418.609
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0175 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-010-0170  to 413-010-0185  are in OAR
				413-010-0000.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0180 - Rights of Children and Young Adults in the Legal Custody of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
child
and
young adult
in the
legal
			 custody
of the Department has rights, including but not limited to the
			 right:
(a) To be placed in the least
			 restrictive environment that appropriately meets individual needs;
(b) To be provided basic needs such as
			 adequate food, clothing, and shelter;
(c) To receive appropriate care, supervision,
			 and
discipline
, and to be taught to act responsibly and
			 respect the rights of others;
(d)
			 To be provided routine and necessary medical, dental, and mental health care
			 and treatment;
(e) To be provided
			 with free and appropriate public education;
(f) To be protected from physical and sexual
			 abuse, emotional abuse, neglect, and exploitation;
(g) To be provided services designed for
			 reunification with the
parent
or
guardian
except when there is clear evidence that the
parent
or
guardian
may not protect the child's or young adult's
			 welfare;
(h) To be provided
			 services to develop a safe permanent alternative to the family, when family
			 resources are not available;
(i) To
			 be accorded the least restrictive legal status that is consistent with the need
			 for protection, to have the Department present its position on best interests
			 to the court, and to attend court hearings and speak directly to the
			 judge;
(j) To receive respect, be
			 nurtured, and attend activities in accordance with their background, religious
			 heritage, race, and culture within reasonable guidelines as set by the
case plan
, the visitation plan, and the court;
(k) To visit and communicate with a
parent
or
guardian
, siblings, members of
			 their family, and other significant people within reasonable guidelines as set
			 by the
case plan,
the visitation plan, and the court;
(l) To be involved, in accordance
			 with their age and ability and with the law, in making major decisions that
			 affect their life, to participate in the development of their
case
			 plan
, permanency plan, and comprehensive transition plan and to
			 discuss their views about the plans with the judge;
(m) To receive encouragement and be afforded
			 reasonable opportunities to participate in extracurricular, cultural, and
			 personal enrichment activities consistent with their age and developmental
			 level; and
(n) To earn and keep
			 their own money and to receive guidance in managing resources to prepare their
			 for living independently, including receiving assistance from the Department to
			 establish a savings account as provided in ORS
			 418.708.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0185 - Department Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will develop information and materials to be provided to each
child
and
young adult
in the legal custody of
			 the Department who are or were in
substitute care
regarding
			 their rights under OAR 413-010-0180. The Department will review and update the
			 information and materials periodically, and may develop other information and
			 materials it determines will be helpful in informing children and young adults
			 about their rights and how to assert and protect them.
(2) The Department will make training
			 available to caseworkers and other employees who will provide the information
			 and materials specified in section (1) to children and young adults, to ensure
			 the information and materials are provided in a manner that is timely and
			 appropriate to age and developmental stage.
(3) The Department will make training
			 available to caseworkers and other employees about the Department's obligations
			 under ORS 418.201, Oregon Laws 2017,
			 chapter 36, OAR 413-010-0180  and this rule, to ensure the obligations are
			 carried out in a manner that is timely and appropriate to age and developmental
			 stage.
(4) The Department will
			 develop information and materials and make training available to substitute
			 caregivers regarding their obligations to ensure the children and young adults
			 in their care are informed of their rights under OAR 413-010-0180  in a manner
			 that is timely and appropriate to age and developmental stage.
(5) The Department will develop and publish a
			 process for children and young adults in the legal custody of the Department
			 who are or were in
substitute care
to make complaints
			 regarding their care. The process will include a phone number that is available
			 at all times.
(6) Absent a court
			 order or other compulsory process that requires disclosure, the Department may
			 not disclose a
record of sexual orientation, gender identity or gender
			 expression
unless:
(a) The Department
			 determines, in written findings, that failure to disclose the record is
			 reasonably likely to jeopardize the child's safety or well-being;
(b) The Department determines, in written
			 findings, that disclosure of the record is necessary to provide services to the
			 child or the child's family; or
(c)
			 The child consents to the disclosure.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish guidelines for Child Welfare staff and
				agents to follow to assure that the rights are maintained.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0210 - Department Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
Department through staff, contracted providers of care and
				other agents, will assert and protect the rights of children in the legal
				custody of Department by fulfilling the following responsibilities:
(1) Developing and implementing service plans
			 and agreements that address the needs, rights, and best interests of the
			 child;
(2) Advocating for the
			 child's rights when family members, community institutions (such as school/law
			 enforcement), or Department administrative practices appear to encroach upon
			 the child's rights;
(3) Arranging
			 for a guardian ad litem or a court appointed special advocate to represent a
			 child when Department cannot freely or objectively advocate for the child's
			 rights.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0220 - Interrogation/Polygraph

Current through Register Vol. 63, No. 7, July 1, 2024
When a law enforcement agency (LEA) asks to interrogate or
				conduct a polygraph examination for a child suspected of violating the law or
				having knowledge of a law violation, Child Welfare staff and/or the child's
				physical custodian will:
(1) Assure
			 the officer has proper identification.
(2) Determine if the officer has a warrant.
			 If there is a warrant, Child Welfare will assist the LEA officer insofar as
			 such assistance does not infringe upon the child's right to remain silent and
			 to have legal representation present.
(3) Advise the officer that no mechanical or
			 electronic recording may be made of the interview.
(4) If the LEA does not have a warrant, make
			 sure:
(a) The child's legal guardian consents
			 to the interrogation and/or polygraph (see I-B.1.4, Responsibility of Staff to
			 Secure a Legal Consent);
(b) The
			 child's attorney, a staff person or the child's custodian is present during the
			 interview, and ensures that the interview is terminated if there is any
			 indication of improper conduct on the part of the interrogator.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0230 - Attorney Interview

Current through Register Vol. 63, No. 7, July 1, 2024
When an attorney asks to interview a child, the following shall
				apply:
(1) An attorney of record
			 representing the child may interview the child privately. However, if the
			 attorney or the child requests, a Child Welfare staff member shall be present
			 during the interview.
(2) An
			 adversarial attorney shall not be permitted to interview a child unless the
			 child's legal guardian consents to the interview and the child's own attorney
			 is also present.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0240 - Other Interviews

Current through Register Vol. 63, No. 7, July 1, 2024
When a request to interview a child is received from
				representatives of the Social Security Administration, Veteran's
				Administration, Department of Revenue, insurance representatives, etc., staff
				and/or custodians will:
(1) Ensure
			 that the requestor has proper identification;
(2) Determine if the interview is related to
			 pending litigation or the child may be a party to or a witness to an incident
			 related to a litigation;
(3)
			 Determine whether or not the child should have legal counsel during the
			 interview;
(4) Set the time and
			 place of the interview;
(5) Inform
			 the interviewers that no mechanical or electronic recording will be made of the
			 interviews.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Department recognizes the importance of preserving the
				family ties and relationships of a
child
or young adult who is
				placed in the legal custody of the Department. These rules, OAR 413-010-0300  to
				413-010-0340, describe the rights of relatives and the responsibilities of the
				Department regarding involvement of a child or young adult's relatives in a
				child welfare case.
Stat. Auth.: ORS
				  109.119 -
				  109.123,
				  418.005
Stats. Implemented: ORS
				  109.119 -
				  109.123,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0310 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-010-0300  to 413-010-0340  are in OAR
				413-010-0000.
Stat. Auth.: ORS
				  109.119,
				  418.005,
				  419A.004
Stats. Implemented: ORS
				  109.119,
				  418.005,
				  419A.004
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0320 - Relative Involvement in Case Planning and Court Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may involve a relative as a safety service provider after the assessment that
			 determines the individual is a safe and appropriate resource for involvement in
			 managing a child's safety as required under Child Welfare Policy I-AB.7,
			 "Assessment of an Individual as a Safety Service Provider", OAR 413-015-1200  to
			 413-015-1230.
(2) The Department
			 must consider a family decision-making meeting as described in ORS
			 417.365 and when the family
			 decision-making meeting is held, the Department may include any family member
			 as defined in ORS 417.371(4)(a)
			 or relative in this meeting under Child Welfare Policy I-B.3.1, "Developing and
			 Managing the Case Plan", OAR 413-040-0008.
(3) The Department must provide notice of a
			 court hearing to:
(a) A relative who is
			 currently providing substitute care for a child in the legal custody of the
			 Department pursuant to juvenile court jurisdiction as set forth in ORS
			 419B.875(6);
			 and
(b) A grandparent of a child or
			 young adult in the Department's custody, as required by ORS
			 419B.875(7).
			 For purposes of this subsection, "grandparent" means the legal parent of the
			 child or young adult's legal parent, as defined in ORS
			 109.119.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0330 - Communication and Visitation

Current through Register Vol. 63, No. 7, July 1, 2024
A
relative
has the right to communicate and
				visit with a child or young adult in the Department's legal custody when such
				communication or contact is set forth in:
(1) The child or young adult's visitation
			 plan developed under Child Welfare Policy I-E.3.5, "Visits and Other Types of
			 Child and Family Contact" OAR 413-070-0800  to 413-070-0880;
(2) The opportunities for ongoing connection
			 and support developed under Child Welfare Policy I-E.3.3.1, "Search for and
			 Engagement of Relatives" OAR 413-070-0060  to 413-070-0087  and approved by the
			 caseworker; or
(3) An order of a
			 court.
Stat. Auth.: ORS
				  109.119 -
				  109.123,
				  418.005
Stats. Implemented: ORS
				  109.119 -
				  109.123,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0340 - Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must:
(1) Make diligent efforts to place a child or
			 young adult in substitute care with a relative or person who has a caregiver
			 relationship, as defined in ORS
			 419B.116, to the child pursuant
			 to 419B.192(1).
(2) Make diligent
			 efforts to place a child or young adult in substitute care with siblings so
			 long as placement with the siblings is in the best interests of the child or
			 young adult and the child or young adult's siblings pursuant to ORS
			 419B.192(2).
(3) In making the diligent efforts described
			 in sections (1) and (2) of this rule, the Department must consider the factors
			 set forth in ORS 419B.192(3) and
			 follow the assessment process described in Child Welfare Policies I-E.1.1,
			 "Search for and Engagement of Relatives", OAR 413-070-0060  to 413-070-0087  and
			 II-B.1.1, "Responsibilities for Certification and Supervision of Resource
			 Parents, Relative Resource Parent and Approval of Potential Adoptive
			 Resources", OAR 413-200-0270  to 413-200-0296.
Statutory/Other Authority: ORS
				  109.119, ORS
				  418.005, ORS
				  419B.116, ORS
				  419B.192 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  109.119, ORS
				  418.005, ORS
				  419B.116 & ORS
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-010-0400  to 413-010-0480) prescribe the
				standards and procedures for reviewing and resolving complaints about Child
				Welfare.
Stat. Auth.: ORS
				  409.194,
				  418.005
Stats. Implemented: ORS
				  409.192,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-010-0400  to 413-010-0480  are in OAR
				413-010-0000.
Stat. Auth.: ORS
				  409.194,
				  418.005
Stats. Implemented: ORS
				  409.192,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0420 - Right to Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 may receive a review of any action or decision of Child Welfare.
(2) In addition to the review provided under
			 section (1) of this rule, a contract provider (413-010-0000) may receive a
			 review of any action or decision of Child Welfare that violates a condition or
			 term of the contract or agreement.
(3) When a client or family member of a
			 client notifies the Department that the client or family member has a
			 complaint, the client or family member will be assisted in setting a meeting
			 with a caseworker and the caseworker's supervisor (see DHS Form 0170, section
			 about Resolving Complaints Informally).
(4) An individual or contract provider may
			 file a written complaint or report of discrimination by completing DHS Form
			 0170. The complaint or report of discrimination may be sent to the Governor's
			 Advocacy Office, 500 Summer Street NE, Salem, or submitted as provided on DHS
			 Form 0170.
(a) When an individual or contract
			 provider submits a written customer service complaint (defined in OAR
			 407-005-0105), Child Welfare will follow the procedures set out in 407-005-0100  to 407-005-0120.
(b) When a client
			 submits a report of discrimination arising from their disability, the formal
			 complaint review must comply with OAR 407-005-0030.
(c) When a client with a disability requests
			 a reasonable modification (see OAR 407-005-0025) or requests auxiliary aids,
			 auxiliary services, or alternative format communication (see 407-005-0005  and
			 407-005-0010), the initial decision must comply with 407-005-0000  to
			 407-005-0030  and Department Policy DHS-010-0005, "Non Discrimination on the
			 Basis of Disability for Programs, Services and Activities."
(d) When an individual or contract provider
			 submits a written complaint, which does not fall within subsections (a) to (c)
			 of this section, Child Welfare will follow the procedures set out in Department
			 Procedure DHS-010-005-01, "Filing a Client Complaint or Report of
			 Discrimination".
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0430 - Grievances Not Subject to These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these
			 rules (413-010-0400  to 413-010-0480) are not required in each of the following
			 situations:
(a) The individual or contract
			 provider (defined in OAR 413-010-0410) has requested a contested case
			 hearing.
(b) The matter, which
			 would be the subject of the complaint review, is presently the subject of a
			 juvenile court proceeding.
(c) The
			 individual or contract provider has initiated court action.
(d) The subject matter of the complaint has
			 been reviewed by a judge.
(e) A
			 term or condition in a contract provider's contract or agreement provides for a
			 different process.
(f) The
			 complainant has requested review of a Child Protective Services (CPS)
			 disposition, under OAR 413-010-0700  to 413-010-0750  (Review of Founded
			 Dispositions), that is the subject matter of the complaint.
(g) The complainant has requested review of
			 an Adoption Committee Decision, under OAR 413-120-0060  (Review of Adoption
			 Committee Decision), that is the subject matter of the complaint.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0440 - Informal Complaint Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 client, family member of a client, or contract provider may request an informal
			 complaint review if no written complaint is submitted and the client, family
			 member, or contract provider informs the caseworker or the caseworker's
			 supervisor of the request.
(2)
			 Within one week of the caseworker or caseworker's supervisor receiving the
			 request for an informal complaint review, the client, family member, or
			 contract provider will be contacted to schedule a meeting at an agreed-upon
			 time involving the caseworker, the supervisor, and the client, family member,
			 or contract provider. The focus will be defining the problem, identifying the
			 desired outcome, and establishing a plan for resolution. Every effort will be
			 made to resolve the complaint through this informal discussion.
(3) If the matter has not been resolved and
			 the Child Welfare Program Manager did not participate in the informal complaint
			 review, the Child Welfare Program Manager must participate in an additional
			 discussion with the client or contract provider to attempt to resolve it. This
			 discussion will be scheduled as soon as possible at a mutually agreed-upon
			 time.
(4) If the client, family
			 member, or contract provider remains dissatisfied following discussion with the
			 Child Welfare Program Manager, the program manager will give the client or
			 contract provider a written decision regarding the subject of the complaint
			 within five working days. If OAR 413-010-0430  does not make the matter
			 ineligible for review, the written decision shall include information about the
			 steps necessary to file a written complaint or report of discrimination (Form
			 DHS 0170 and Department Procedure DHS-010-005-01, "Filing a Client Complaint or
			 Report of Discrimination").
Statutory/Other Authority: ORS
				  409.194, ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  409.192 & ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0480 - Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-010-0400  to 413-010-0480) do not create a
				contested case, as defined by ORS
				183.310, subject to judicial
				review under 183.482.
Stat. Auth.: ORS
				  409.194,
				  418.005
Stats. Implemented: ORS
				  409.192,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0500 - Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules (OAR 413-010-0500  to 413-010-0535) is to:
(a) State the rights of individuals and
			 entities to request a contested case hearing when the Department takes certain
			 actions; and
(b) Set forth rules
			 governing some aspects of the contested case hearings process.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0501 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  183.411 -
				  183.685,
				  411.095,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0502 - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child or
			 young adult has the right to a hearing because the Department takes an action
			 under OAR 413-010-0500(2)(a), the foster parent or relative caregiver may:
(a) Request a hearing on behalf of the child
			 or young adult; and
(b) Participate
			 in the hearing as a representative on behalf of the child or young
			 adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0505 - Hearing Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request a
			 hearing under OAR 413-010-0500(2)(a):
(a) The
			 party or the party's representative must complete and sign a hearing request
			 form approved by the Department: and
(b) The form must be received by the
			 Department not later than 30 days following the mailing date or date of
			 personal delivery of the notice.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0510 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Department takes any of the actions described in OAR 413-010-0500(2), the
			 Department issues a written notice to the person that has the right to a
			 contested case hearing.
(2) When
			 the Department takes any of the actions described in OAR
			 413-010-0500(2)(a)-(c), the written notice must:
(a) Specify the date the notice is mailed or
			 personally delivered;
(b) Specify
			 the action the Department intends to take and the effective date of the action.
			 If benefits are reduced or closed to reflect cost-of-living adjustments in
			 benefits or other mass change under a program operated by a federal agency or
			 to reflect a mass change to payments in another program operated by the
			 Department, it is sufficient to meet this requirement that the notice state all
			 of the following:
(A) The general nature of
			 the change.
(B) Examples of how the
			 change affects the benefits of the group of affected clients.
(C) The month in which the change will take
			 place.
(c) Specify the
			 circumstances under which payments or benefits are continued if a hearing is
			 requested and whether continued payments or benefits may be subject to recovery
			 by the Department if the Department's action is upheld; and
(d) If the Department intends to terminate
			 benefits or payments because the individual is ineligible for the benefits or
			 payments or the program is terminated, state that the individual may reapply
			 for assistance if circumstances affecting the eligibility of the individual
			 change.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0515 - Continuation of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as otherwise provided in this rule, a recipient of benefits is entitled to
			 receive continuing benefits when the Department takes any action to suspend,
			 reduce, or terminate benefits or services as described in subsections
			 (2)(a)(A)-(F), (2)(b), or (2)(c) of OAR 413-010-0500, and the Department has:
(a) Provided at least 10 days notice of such
			 action as required by OAR 413-010-0510;
(b) Received a request for a hearing from the
			 recipient not later than 30 days following the mailing date or date of personal
			 delivery of the notice, whichever is earlier; and
(c) Received such request prior to the
			 effective date of the action.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0520 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department representative and the party or party's representative may have an
			 informal conference to discuss any of the matters listed in OAR
			 137-003-0575(4). The informal conference also may be used to:
(a) Provide an opportunity for the Department
			 and the party to settle the matter;
(b) Ensure the party understands the reason
			 for the action that is the subject of the hearing request;
(c) Give the party an opportunity to review
			 the documents that are the basis for that action;
(d) Give the party an opportunity to review
			 the rules that support the Department's action;
(e) Give the party and the Department the
			 chance to correct any misunderstanding of the facts; and
(f) Give the Department an opportunity to
			 review its action.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0525 - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
In any contested case covered by these rules (OAR 413-010-0500 to 413-010-0535):
(1) The Department
			 has the burden of proof for the revocation of a certificate of approval, the
			 suspension or revocation of a license, or the imposition of a civil
			 penalty.
(2) In cases not covered
			 by section (1) of this rule, the party has the burden of proof.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  183.411 - 183.685, 411.095,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0530 - Withdrawals and Dismissals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Withdrawals.
(a) A party or party's
			 representative may withdraw a request for a hearing orally or in writing at any
			 time before a final order has been issued on the contested case.
(b) Following a withdrawal under subsection
			 (a) of this section, the Department or OAH sends an order dismissing the
			 hearing request to the party's last known address. The party may cancel the
			 withdrawal if a request to cancel the withdrawal is received by the Department
			 representative up to the tenth work day following the date such an order is
			 sent. If the party withdrew the hearing request in writing, the Department must
			 receive a timely written request to cancel the withdrawal.
(c) The Department may withdraw any pending
			 referral from OAH at any time before a final order is served when:
(A) The Department provides to the party the
			 relief sought; or
(B) The
			 Department and the party reach an agreement under ORS
			 183.417(3).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0535 - Proposed and Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Department refers a contested case under these rules (OAR 413-010-0500  to
			 413-010-0535) to OAH, the Department indicates on the referral whether the
			 Department is authorizing:
(a) A proposed
			 order;
(b) A proposed and final
			 order (OAR 137-003-0645(4); or
(c)
			 A final order.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0700 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules (OAR 413-010-0700  to 413-010-0750) is to establish procedures for
			 ensuring the rights of individuals to receive notice and the opportunity to
			 request a review when a Child Protective Services (CPS) assessment results in a
			 CPS founded disposition.
(2) The
			 Federal Child Abuse Prevention and Treatment Act (CAPTA) requires child
			 protective service agencies to provide notice to individuals identified as
			 responsible for child abuse and to provide individuals with an opportunity to
			 request and have a review of the disposition.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0705 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-010-0700  to 413-010-0750  are in OAR
				413-010-0000.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0710 - Required Forms

Current through Register Vol. 63, No. 7, July 1, 2024
Several Department forms are referred to by form number in
				these rules. The forms are available at the Department's website. When use of a
				form is required by these rules, the current version of the form must be
				used.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 10 - CLIENT RIGHTS › Section 413-010-0714 - Notice and Review when the Perpetrator is a Department Employee

Current through Register Vol. 63, No. 7, July 1, 2024
When the
perpetrator
is a Department employee,
				the Department will follow the Child Welfare Procedure Manual for notice and
				review outlined in "CPS Assessment and Founded CPS Disposition Review for
				Department Employees".
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005