reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0668 - Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
Central Office Guardianship Committee
must be scheduled when a
			 caseworker recommends a change in the
permanency plan
to
			 guardianship and the Department has identified a relative as a
potential guardian
to exercise the duties and responsibilities
			 of a guardian while the child continues to reside with the current substitute
			 caregiver.
(2) For a
child
in the care and custody of the
Department
, who is placed in a substitute care, the Child
			 Welfare Permanency Program Manager may approve a waiver of the requirements in
			 413-070-0665  and (3) under the following circumstances:
(a) The
substitute caregiver
has demonstrated their commitment to the care and well-being of the
child
and desires to continue the placement of the
child
in their home but is unable to serve as a
potential guardian
,
(b) The Department has identified a
relative
as a
potential guardian
who is
			 committed to accepting the duties and responsibilities of a guardian for the
child
while the
child
continues to reside
			 with the substitute caregiver,
(c)
			 The Department, the
potential guardian
and the
substitute caregiver
agree that the
child
,
			 the
potential guardian
and the
substitute
			 caregiver
can maintain a stable relationship with one another and work
			 together without Department supervision to ensure the
child's
safety, well-being and permanency,
(d) The
potential guardian
and the
substitute caregiver
agree that if approved by the
			 Department and established by the court as guardian, the
potential
			 guardian
will exercise the authority, duties and responsibilities of
			 guardian for the
child
and the
child
will
			 continue to reside with the substitute caregiver; and
(e) The
substitute caregiver
and
potential guardian
understand and agree that the
child
will not be eligible to receive guardianship assistance
			 at any time.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0670 - Approval and Implementation of a Guardianship Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to OAR
			 413-070-0518, when the Department is considering a change in a child's
			 permanency plan, the Department makes the determination pursuant to OAR
			 413-070-0500  to 413-070-0519, and the child's caseworker schedules a permanency
			 committee. This does not apply to a guardianship under OAR
			 413-070-0668.
(2) The permanency
			 committee must review all of the information presented to the committee and
			 make recommendations to the Child Welfare Program Manager or designee
			 regarding:
(a) Whether guardianship is an
			 appropriate permanency plan for the child; and
(b) Whether the substitute caregiver can meet
			 the child's needs as described in subsection (3)(c) of this rule and should be
			 considered as a potential guardian.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0800 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0800  to 413-070-0880  is to describe
				the Department's responsibilities in arranging frequent contact between the
				child or young adult in substitute care and parents or guardians of the child
				or young adult, siblings, and other people with whom the child or young adult
				has a significant connection. In all cases, the contact is intended to:
(1) Be in the best interests of the child or
			 young adult; maintain, enhance or develop attachment with the family of the
			 child or young adult, including siblings; and continue relationships with
			 significant others, including siblings;
(2) Reduce the trauma to the child or young
			 adult associated with separation from primary attachment figures; and
(3) Ensure that the safety and well-being of
			 the child or young adult are the top priorities in developing a visit and
			 contact plan.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0810 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005,
				  419B.337 &
				  419B.440
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0830 - Visitation Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The child or
			 young adult, a parent or guardian, and each sibling have the right to visit one
			 another while the child or young adult is in substitute care. The child or
			 young adult, the parent or guardian, and each sibling have the right to visit
			 as often as reasonably necessary to maintain and enhance their attachment to
			 one another.
(2) The Department
			 will prohibit or cancel visits, unless otherwise ordered by the court, when:
(a) There is reason to believe acts or
			 omissions of a parent or guardian would result in child abuse during the
			 visit;
(b) The safety of the child
			 or young adult cannot be managed by supervision;
(c) The visit does not meet the best
			 interests of the child or young adult; or
(d) A court order prohibits visits.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0840 - Orientation Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the first contact and after each revision of the visit
				and contact plan developed under OAR 413-070-0860, the Department must explain
				the following to the family, substitute caregiver, and the child or young
				adult, unless it is not appropriate to do so, based on the age and
				developmental level of the child or young adult:
(1) The rights and expectations regarding
			 child-family contact and sibling visitation and contact, including its
			 importance to the child or young adult.
(2) The reason for the level of supervision
			 during visits.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  418.606-418.609
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0855 - Determining Priority in Visit and Contact Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the court has entered an order
			 regarding visitation by the parents, guardians, siblings, or grandparents of
			 the child or young adult, the caseworker determines a hierarchy of the
			 attachments of the child or young adult and prioritizes visits with the parents
			 or guardians and siblings. The caseworker may consider, in consultation with
			 the caregiver, the preferences expressed by the child or young adult.
(2) When the permanency plan is reunification
			 with a parent or guardian, the priority of the caseworker is to provide visits
			 with parents or guardians, siblings, and each intervenor granted visitation by
			 the court.
(3) When the permanency
			 plan is a plan other than reunification with the parents or guardians, the
			 visitation priority of the caseworker is to preserve attachment to parents or
			 guardians and siblings and promote attachment of the child or young adult to
			 the permanent placement resource.
(4) When appropriate, the caseworker may
			 establish visits between the child or young adult and extended family
			 members.
(5) When appropriate, the
			 caseworker may establish visits between the child or young adult and
			 non-related persons with whom the child or young adult has a significant
			 attachment.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  419B.876
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0870 - Supervision of Visits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 supervision of visits is necessary to protect the child or young adult from
			 harm, manage child or young adult safety, or provide therapeutic intervention,
			 the visit and contact plan must state the reason for the supervision.
(2) When delegating supervision to a person
			 who is not an employee of the Department (safety service provider), the
			 Department will ensure that the person supervising the visit receives a copy of
			 the visit and contact plan, understands the dynamics of the individual family,
			 the purpose of supervision, the specific circumstances that require
			 supervision, the documentation requirements (OAR 413-070-0880), and is willing
			 and able to comply with the safety plan and visit and contact plan.
(3) When delegating supervision to other
			 Department staff, the caseworker will ensure the Department employee who
			 supervises the visit receives a copy of the visit and contact plan, understands
			 the dynamics of the individual family, the purpose of supervision, the specific
			 circumstances that require the supervision, documentation requirements (OAR
			 413-070-0880), and is willing and able to comply with the safety plan and visit
			 and contact plan.
(4) The
			 caseworker must inform the parents or guardians and the child or young adult of
			 the reason for the supervision of the visits or contact, and as resources
			 allow, all supervision should be culturally relevant and language
			 appropriate.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0880 - Documentation of Contact

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 Department staff supervise a visit, the following information must be
			 documented in the Department's electronic information system:
(a) The date, location, and length of the
			 visit;
(b) Who attended the
			 visit;
(c) Activities that occurred
			 during the visit;
(d) The impact of
			 the visit on the child or young adult;
(e) Any missed visit and the reasons for the
			 missed visit; and
(f) Any
			 interrupted visits or visits that needed to be ended and reasons for these
			 actions.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 413-070-0900  to 413-070-0974  is to describe Department criteria for
			 eligibility and receipt of guardianship assistance for:
(a) A child in the care or custody of the
			 Department or a participating tribe;
(b) A young adult on whose behalf an initial
			 guardianship assistance agreement was entered into when the young adult was a
			 child of age 16 or 17;
(c) A young
			 adult who qualifies for disability services and on whose behalf an initial
			 guardianship assistance agreement was entered into when the young adult was a
			 child;
(d) A subsequent legal
			 guardianship of a child in the care of a successor legal guardian as described
			 in OAR 413-070-0925; or
(e) A
			 child whose eligibility was determined by the Director of the Department
			 pursuant to OAR 413-070-0917(5).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0905 - Funding of Guardianship Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When grandparents or other approved
			 relatives make a permanent commitment to and assume legal guardianship of a
			 child for whom they have cared as a substitute caregiver, the Department
			 provides guardianship assistance as described in OAR 413-070-0900  to
			 413-070-0974.
(2) Guardianship
			 assistance for Title IV-E children and young adults is funded in part with
			 Title IV-E funds as authorized by the Fostering Connections to Success and
			 Increasing Adoptions Act of 2008 (Public Law
			 110-351).
(3) A child who is ineligible for Title IV-E
			 funded guardianship assistance may be eligible for state-funded guardianship
			 assistance as described in OAR 413-070-0917(3).
(4) State-funded guardianship assistance is
			 subject to the availability of funds. When all available state funds are
			 obligated, the Department will continue to:
(a) Accept new applications;
(b) Accept requests to adjust a guardianship
			 assistance payment; and
(c)
			 Establish a waiting list.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0909 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.141 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  411.141,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0917 - Eligibility for Guardianship Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for Title IV-E
			 guardianship assistance, a child must meet all of the following:
(a) Be a United States citizen or qualified
			 non-citizen as described in OAR 413-100-0210  and in
			 8 USC
			 section 1641(b) or
			 (c).
(b) Be placed in the United States or a
			 possession thereof.
(c) Have
			 resided in the home of the potential guardian for a period of at least six
			 consecutive months during which the potential guardian was fully licensed,
			 certified, or approved by the state or a participating tribe as meeting the
			 licensure or certification requirements for a foster family home in the state
			 where the home is located.
(d) Be
			 placed with the potential guardian who meets the relative definition as
			 described in OAR 413-070-0000(79)(a) to (e).
(e) Demonstrate a strong attachment to the
			 potential guardian.
(f) Be removed
			 from his or her home pursuant to a voluntary placement or as a result of a
			 judicial determination that continuation in the home would be contrary to the
			 welfare of the child.
(g) Be
			 eligible for Title IV-E foster care maintenance payments.
(h) Be in the care or custody of the
			 Department or participating tribe.
(i) Be placed with a potential guardian who
			 indicates an economic need to care for the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0918 - Extension of Guardianship Assistance for a Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may approve an extension of a guardianship
				assistance agreement for an individual under the age of 21 when the individual
				meets the following criteria:
(1) An
			 initial guardianship assistance agreement was entered into on behalf of the
			 child and at the time of the child's 18th birthday, the child:
(a) Qualifies as an individual with a
			 developmental disability as determined by the local County Community
			 Developmental Disabilities Program in Oregon;
(b) Qualifies as an individual with a
			 developmental disability as determined by the equivalent developmental
			 disability program if living in a state other than Oregon; or
(c) Qualifies for Supplemental Security
			 Income (SSI) as determined by the Social Security Administration.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0919 - Eligibility for a Child or Young Adult in the Care or Custody of a Participating Tribe

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 guardianship assistance program criteria in OAR 413-070-0900  to 413-070-0974,
			 the following requirements apply to a child in the care or custody of a
			 participating tribe:
(a) The child must be
			 placed in a foster home approved by the participating tribe that meets the
			 certification and licensing standards of the participating tribe; and
(b) The participating tribe must
			 document how continued placement with the potential guardian is in the best
			 interests of the child and meets the safety and permanency needs of the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0925 - Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may approve a potential guardian for guardianship assistance when
			 the potential guardian;
(a) Meets the
			 requirements of OAR 413-070-0665(2); and
(b) Agrees to ensure that, if the child has
			 attained the minimum age for compulsory attendance under the law of the state
			 of residence but has not completed secondary school, the child is:
(A) Enrolled in an elementary or secondary
			 school as determined by the law of the state of residence;
(B) Home schooled in accordance with the law
			 of the state of residence;
(C)
			 Enrolled in an independent study program in accordance with the law of the
			 state of residence; or
(D)
			 Incapable of attending school due to a documented medical condition.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0934 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as described in subsections (a) and (b) of this section, the Adoption
			 Assistance and Guardianship Assistance Unit must begin negotiation of the
guardianship assistance agreement
no later than 60 calendar
			 days after receipt of the completed
guardianship assistance
application.
(a) The Adoption Assistance and
			 Guardianship Assistance Unit may delay negotiation of the
guardianship
			 assistance payment
when the
child
is due for an
			 updated
CANS screening
, a new
CANS screening
is warranted, or a
CANS screening
is in process or completed
			 but a decision is pending regarding the
level of care payment
under OAR 413-020-0230. The unit must begin negotiation no later than 30
			 calendar days from receipt of the final decision regarding the
level of
			 care payment
.
(b) The
			 Adoption Assistance and Guardianship Assistance Unit may delay negotiation
			 following a request by the caseworker,
guardian
, or
potential guardian
when there are extenuating circumstances
			 regarding the
child
or family. The unit must begin negotiation
			 no later than 30 calendar days from notification that the extenuating
			 circumstance causing the delay has been resolved.
(c) The Adoption Assistance and Guardianship
			 Assistance Unit will begin negotiation with the
successor legal
			 guardian
no later than 30 days after receipt of the Department
			 approved fingerprint-based criminal records check of the National Crime
			 Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check
			 of the
successor legal guardian
and all adults living in the
			 successor legal guardian's home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0939 - Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
guardianship assistance payment
or medical assistance is not
			 being provided, a
potential guardian, guardian
or
successor legal
guardian
may enter into a
guardianship assistance agreement
only
.
(2) The
			 monthly
guardianship assistance payment
:
(a) Is determined through discussion and
			 negotiation between the Department and the
potential guardian,
			 guardian
or
successor legal
guardian
.
(b) May
			 not exceed the current foster care
base rate payment
the
child
or
young adult
would be eligible to
			 receive in foster care as determined under OAR 413-090-0010(1)(b)  combined
			 with, if applicable, the
level of care payment
determined by
			 the
CANS screening
conducted under OAR 413-020-0230.
(c) Is negotiated between the
potential guardian, guardian or successor legal guardian
of a
child
or
young adult
and the Department,
			 taking into consideration relevant factors which include, but are not limited
			 to:
(A) The ordinary and special needs of the
child
or
young adult
.
(B) The services and goods required to meet
			 the needs of the
child
or
young
			 adult
.
(C) The cost of the
			 services and goods required to meet the needs of the
child
or
young adult
.
(D)
			 The circumstances of the
potential guardian, guardian
or
successor legal
guardian
and their ability to
			 provide the required services and goods for the
child
or
young adult
.
(E)
			 The resources available to the
potential guardian, guardian
or
successor legal guardian
such as medical coverage, private
			 health insurance, public education, other income sources, and community
			 resources.
(F) A
guardianship assistance payment
may be reduced when other
			 sources of income are received by the
potential guardian,
			 guardian
or
successor legal guardian
or the
child
or
young adult
.
(d) Is intended to combine with the resources
			 of the
potential guardian
or
guardian
to
			 provide for the needs of the
child
or
young
			 adult
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0944 - Legal Expenses of a Guardian

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may not authorize payment for legal services
				provided:
(1) For the potential
			 guardian, guardian, or successor legal guardian in connection with a contested
			 case hearing; or
(2) To defend or
			 retain a guardianship upon challenge by another party once a guardianship is
			 established.
Stat. Auth.: ORS
				  411.141 &
				  418.005
Stats. Implemented: ORS
				  411.141 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0959 - Court Order of Guardianship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for guardianships established
			 pursuant to OAR 413-070-0917(5), guardianship assistance may only be provided
			 for a legal guardianship established under ORS
			 419B.365 or ORS
			 419B.366,
			 as provided under ORS
			 419B.367 to
			 419B.369,
			 or as provided by the statutory code or laws of a participating
			 tribe.
(2) The Department or
			 participating tribe may not pursue a court order establishing an assisted
			 guardianship until a guardianship assistance agreement between the Department
			 and the potential guardian has been signed by all parties.
(3) The Department or participating tribe,
			 through counsel if the child is in the care or custody of the Department, must
			 move the court for an order establishing the guardianship and, when the child
			 is in the care or custody of the Department or participating tribe, directing
			 one of the following:
(a) Termination of
			 Department or participating tribe's care or custody and dismissal of the
			 Department or participating tribe as a party to the case; or
(b) If the child has been committed
			 permanently to the Department, an order setting aside the order of permanent
			 commitment and relieving the Department of responsibility for the care,
			 placement, and supervision of the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0964 - Required Reports and Communication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A guardian receiving guardianship
			 assistance must immediately report, orally or in writing, to the Adoption
			 Assistance and Guardianship Assistance Unit any changes in circumstances of the
			 child or young adult or guardian that makes the child or young adult ineligible
			 for guardianship assistance including when:
(a) The child or young adult:
(A) Is emancipated;
(B) Dies;
(C) Marries;
(D) Is adopted; or
(E) Enlists in the military.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0969 - Renegotiation of a Guardianship Assistance Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A potential guardian or guardian may
			 request that the Department consider renegotiation of the guardianship
			 assistance agreement. The request for renegotiation must:
(a) Be in writing in a format provided by the
			 Department to the potential guardian or guardian;
(b) Document changes in the circumstances of
			 the potential guardian or guardian, when applicable;
(c) Document the needs of the child or young
			 adult;
(d) Provide information
			 about the financial expenses of the potential guardian or guardian in meeting
			 the needs of the child or young adult;
(e) Provide information about the expenses
			 required to meet the needs of the child or young adult; and
(f) If the potential guardian or guardian is
			 requesting a CANS screening, provide written documentation of the child's or
			 young adult's current behaviors and functioning that meet the eligibility
			 requirements for a CANS screening referral under OAR 413-020-0230.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0970 - Guardianship Social Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
The guardian or child in an assisted guardianship may request
				family support services from the Department as described in OAR 413-030-0000  to
				413-030-0030.
Stat. Auth.: ORS
				  411.141 &
				  418.005
Stats. Implemented: ORS
				  411.141 &
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0974 - Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may review a guardianship assistance agreement when the Department:
(a) Receives information indicating that the
			 child or young adult may no longer be eligible for guardianship assistance or
			 may be eligible for guardianship assistance in a different amount, including
			 when the Department receives information regarding any of the circumstances
			 described in OAR 413-070-0964;
(b)
			 Determines, when the child or young adult is not residing in the home of the
			 guardian, that a periodic review of the guardianship assistance agreement is
			 required;
(c) Receives information
			 that indicates a review is necessary based on a change in the needs of the
			 child or young adult or circumstances of the family;
(d) Receives information that the young adult
			 no longer meets the requirements for continued assistance, if the Department
			 has agreed to extend guardianship assistance under OAR 413-070-0918;
			 or
(e) Determines that the guardian
			 has not complied with the requirements of the guardianship assistance
			 agreement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0990 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0990  to 413-070-1060  is to describe
				the responsibilities of the Department to determine the appropriate use of
				placement with a fit and willing relative as a permanency plan for a child or
				young adult in the care or custody of the Department.
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  411.141,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1000 - Placement with a Fit and Willing Relative as a Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Placement with
			 a
fit and willing relative
is a
permanency
			 plan
for a
child
or
young adult
in
			 the care and custody of the Department.
(2) The Department may consider placement
			 with a
fit and willing relative
as a
permanency
			 plan
for a
child
or
young adult
in
			 the care or legal custody of the Department based on the individual safety,
			 permanency, and well-being needs of the
child
or
young
			 adult
, when:
(a) A person who meets
			 the requirements of OAR 413-070-1010  requests to be considered a
fit
			 and willing relative
; and
(b) The Department has determined;
(A) The
child
or
young adult
is unable to safely return to the home of a
parent
;
(B) There
			 are no current Department actions to identify or assess a
relative
of the
child
or
young adult
who has
			 expressed an interest in being an
adoptive resource
, or
adoption
is not in the best interests of the
child
or
young adult
; and
(C) There are no current Department actions
			 to identify or assess a
relative
of the
child
or
young adult
who has expressed an interest in being a
guardian
, or guardianship is not in the best interests of the
child
or
young adult
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1010 - Eligibility Requirements for a Fit and Willing Relative

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for consideration as a fit and willing relative,
				a person must:
(1) Meet the
			 definition of relative; or
(2)
			 Meet the definition of a person with a caregiver relationship under ORS
			 419B.116(1) for
			 a child or young adult in the care and custody of the Department and be placed
			 in foster care through the Office of Developmental Disabilities Services; and
(3) Be approved by the Department
			 as a long term resource for the child or young adult until a higher level of
			 permanency can be achieved;
(4)
			 Have a current Certificate of Approval from the Department, a licensed foster
			 care agency, a participating tribe, or another state when the relative is
			 currently certified or otherwise approved by the state in which the relative
			 resides and approved as a placement for the child or young adult under the
			 Interstate Compact on Placement of Children;
(5) Have a strong commitment to caring
			 permanently for the child or young adult and any sibling under consideration;
			 and
(6) Agree to the requirements,
			 responsibilities, and approval process for the Placement with a Fit and Willing
			 Relative Agreement.
Stat. Auth.: ORS
				  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 70 - SUBSTITUTE CARE › Section 413-070-1020 - Approval and Implementation of a Fit and Willing Relative Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to OAR
			 413-070-0518, when the Department is considering a change in the permanency
			 plan of a child or young adult, the Department makes the determination pursuant
			 to OAR 413-070-0500  to 413-070-0519.
(2) The permanency committee must consider
			 the best interests of the child or young adult and each of the following
			 factors when developing a recommendation regarding placement with fit and
			 willing relative to the Child Welfare Program Manager or designee:
(a) The safety, permanency, and well-being
			 needs of the child or young adult.
(b) The opportunities the Department has
			 provided the child or young adult and his or her parents to identify permanency
			 resources.
(c) The parents'
			 acceptance of fit and willing relative as a permanency plan and their
			 preference for continued contact with the child or young adult.
(d) The ability of the fit and willing
			 relative to meet the needs of the child or young adult pursuant to OAR
			 413-070-0640.
(e) The compelling
			 reasons placement with a parent, adoption, or guardianship cannot be achieved.
(f) The sufficiency of the plan
			 for continued contact with siblings.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1040 - Ongoing Department Responsibilities When Placement with a Fit and Willing Relative is the Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When placement with a fit and willing relative is the court-approved permanency
			 plan for a child or young adult in the legal custody of the Department, the
			 caseworker must do all of the following:
(a)
			 Have monthly contact with the child or young adult, with the relative
			 caregiver, and monitor the safety of the child or young adult as described in
			 OAR413-080-0040  to 413-080-0067.
(b) Evaluate the appropriateness of ongoing
			 contact between the child or young adult with parents, siblings, and other
			 people as described in OAR 413-070-0800  to 413-080-0880.
(c) Provide timely assessment and services
			 for identified needs of the child or young adult, the substitute caregiver, or
			 the parents of the child or young adult.
(d) Monitor the case plan and complete the
			 required case plan reviews
(e)
			 Submit to the court and to the citizen review board the case plan updates
			 required in Child Welfare Policy I-I.2, "Narrative Recording".
(f) Continue to assess requirements for
			 certification of the permanent relative caregiver pursuant to OAR 413-200-0270  to 413-200-0296.
(g) Develop a
			 comprehensive transition plan as required by OAR 413-030-0400  to 413-030-0460  for any child 14 years of age or older.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1050 - Placement with a Fit and Willing Relative Permanency Plan Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker
			 must review the placement with a fit and willing relative case plan at least
			 every six months and the review must occur prior to a review by the court or
			 citizen review board as required by ORS
			 419B.470 and
			 419A.106(1)
			 respectively.
(a) The review must take place
			 in a face-to-face meeting with the child or young adult, and may include
			 members of the team of the child or young adult.
(A) When appropriate, the meeting may include
			 a parent or guardian, unless the parent or guardian is not available for the
			 review. When a parent or guardian is unavailable, the caseworker must document
			 the reason the parent or guardian was unavailable and the efforts made to
			 involve the parent or guardian.
(B)
			 During the meeting the caseworker must consider input received from the child
			 or young adult and, at the option of the child or young adult, up to two
			 members of the case planning team who are chosen by the child or young adult as
			 described in OAR 413-040-0010(3)(c), other participants in the meeting, and
			 other information received from the child or young adult's service providers,
			 substitute caregivers, attorney, court appointed special advocate, the Indian
			 child's tribe if the child is an Indian child, persons with significant
			 attachments to the child or young adult, and relatives.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1060 - Termination of Placement with a Fit and Willing Relative Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The placement
			 with a fit and willing relative plan must be terminated when:
(a) Court wardship is terminated;
(b) The court relieves the Department of
			 legal custody of the child or young adult;
(c) The court determines that placement with
			 a fit and willing relative is no longer the appropriate permanency plan for the
			 child or young adult;
(d) One of
			 the more preferred permanency plans is achieved;
(e) The Department and the relative caregiver
			 mutually consent to termination;
(f) The relative caregiver fails to maintain
			 a current Certificate of Approval in accordance with OAR 413-200-0301  to
			 413-200-0396  and 413-200-0270  to 413-200-0296, including when the certificate
			 has been revoked or denied; or
(g)
			 The child or young adult is removed from the relative caregiver by the
			 Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1070 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-1070  to 413-070-1090  is to describe
				the requirements and responsibilities of the
Department
when
				placing a
child
or
young adult
who is in the
				care or custody of the
Department
in a
congregate care
				residential setting.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  419B.354
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1080 - Placement of a Child or Young Adult in a Congregate Care Residential Setting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
may only place a
child
or
young adult
who is in the care or custody of the
Department
in a
congregate care residential
			 setting
if the setting is:
(a) A
			 child-caring agency as defined in OAR 413-215-0000 (10);
(b) A hospital as defined in ORS
			 442.015; or
(c) A rural hospital as defined in ORS
			 442.470.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-1090 - Placement of a Child or Young Adult in a Qualified Residential Treatment Program (QRTP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
must assemble a family and permanency team for
			 each
child
or
young adult
the
Department
places in a
QRTP
.
(a) A meeting of the family and permanency
			 team is held to:
(A) Identify the strengths
			 and needs of the
child
or
young
			 adult
;
(B) Identify the
			 short and long-term goals of the
child
or
young
			 adult
; and
(C) Determine
			 the placement preferences of the family and permanency team, including the
			 team's placement preferences regarding the placement of the
child
or
young adult
together with siblings
			 unless there is a finding by the court that such placement is contrary to their
			 best interests.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0040 - Monthly Contact and Monitoring Child and Young Adult Safety

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules, OAR 413-080-0040  to 413-080-0067,
				is to describe the responsibilities of the Department regarding:
(1) Monthly contact;
(2) Monitoring the safety, permanency, and
			 well-being needs of the child or young adult in child welfare cases;
(3) Actions required when Department staff
			 become aware of information or circumstances that may impact the safety or
			 well-being of a child or young adult on an open case; and
(4) Monitoring the ongoing safety
			 plan.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to OAR chapter 413, division 080:
(1) "Abuse" means as defined in OAR
			 413-015-0115(1).
(2) "Certified
			 family" means an individual or individuals who hold a current Certificate of
			 Approval from the Department to operate a home to provide care, in the home in
			 which they reside, to a
child
or
young adult
in the care or custody of the Department.
(3) "Child" means a person who:
(a) Is under 18 years of age; or
(b) Is under 21 years of age and residing in
			 or receiving care or services at a
child-caring agency
or
proctor foster home
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0051 - Addressing Safety Threats and Reports of Abuse on an Open Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Safety Threat
			 on an Open Case.
(a) If Department staff
			 determine a
child
or
young adult
is unsafe
			 due to a
present danger safety threat
as described in OAR
			 413-015-0425(1)  on a case opened under OAR 413-015-0445(2)(d), staff must
			 immediately consult with a supervisor and establish a
protective action
			 plan
as described in OAR 413-015-0435. The
ongoing safety
			 plan
remains in place to address the existing impending danger safety
			 threats.
(b) If Department staff
			 determine a
child
or
young adult
is unsafe
			 due to a new
impending danger safety threat
as described in
			 OAR 413-015-0425(2)  on a case opened under OAR 413-015-0445(2)(d), staff must
			 immediately consult with a supervisor and modify the
ongoing safety
			 plan
.
(c) Department staff
			 must document the behaviors, conditions, or circumstances observed and any
protective action
plan
taken, or modification
			 made to the
ongoing safety plan
, in the Department's
			 electronic information system.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0052 - Responding to a Concern in a Child-Caring Agency or Proctor Foster Home

Current through Register Vol. 63, No. 7, July 1, 2024
When Department staff become aware of a concern involving a
child-caring agency
or
proctor foster home
,
				staff must immediately:
(1) Report to
			 Department personnel assigned to ensure notifications outlined in OAR
			 413-215-0136  using DHS Form 1303. This does not include allegations of
abuse
as defined in ORS
			 419B.005 or ORS
			 418.205,
			 418.260,
			 which are reported to a Department screener;
(2) Document the date the report was made and
			 the method for making the report in the Department's electronic information
			 system's case notes when possible; and
(3) Make efforts to address the concern for
			 the
child
or
young adult.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  418.205  - 418.327
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  418.205  - 418.327
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0053 - When a Child or Young Adult in Substitute Care Is Missing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 caseworker receives information that a
child
or
young
			 adult
in
substitute care
is missing, the caseworker
			 must:
(a) Make immediate efforts to locate
			 the
child
or
young adult
;
(b) Ensure law enforcement agencies and the
			 National Center for Missing and Exploited Children (NCMEC) are notified
			 immediately and in no case later than 24 hours after receiving information on
			 the missing
child
or
young adult
, and must
			 include, where reasonably possible:
(A) A
			 photo of the missing or abducted
child
or
young
			 adult
;
(B) A description
			 of the
child's
or
young adult's
physical
			 features, such as height, weight, sex, ethnicity, race, hair color, and eye
			 color; and
(C) Endangerment
			 information, such as the
child's
or
young
			 adult's
pregnancy status, prescription medications, suicidal
			 tendencies, vulnerability to
sex trafficking
, and other health
			 or risk factors.
(c)
			 Maintain regular communication with law enforcement agencies and NCMEC about
			 recovery efforts.
(d) As soon as
			 practicable, ensure the court and legal parties to the case are notified,
			 unless notification may jeopardize the safety of the
child
or
young
adult or interfere with an investigation.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0054 - Monthly Face-to-Face Contact Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A child or young adult in a child welfare case.
(a) Except as provided in section (2) of this
			 rule, monthly face-to-face contact with a child or young adult in a child
			 welfare case must be made by one of the following Department staff to ensure
			 the safety, permanency, and well-being of the child or young adult:
(A) The primary caseworker;
(B) The caseworker's supervisor; or
(C) When designated by the caseworker's
			 supervisor as described in OAR 413-080-0067:
(i) Another caseworker or supervisor;
			 or
(ii) A social service
			 assistant.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0055 - Monitoring an In-home Ongoing Safety Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To manage an in-home ongoing safety plan
			 and monitor the child's safety when the child is in the home of the parent or
			 guardian, Department staff must contact the following individuals, as described
			 below:
(a) Face-to-face contact with the
			 child, or review the documentation of the contact made by Department staff
			 under OAR 413-080-0054;
(b)
			 Face-to-face contact with the child's parents or guardians in the home of the
			 parents or guardians;
(c) Contact
			 with the child's non-custodial parent or guardian, except as provided in OAR
			 413-080-0054(2); and
(d) Contact
			 with each participant in the ongoing safety plan.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0059 - Monitoring the Out-of-Home Ongoing Safety Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To manage an out-of-home ongoing safety
			 plan, the caseworker must have monthly contact with the following individuals:
(a) Face-to-face contact with the child or
			 young adult, or review the documentation of the contact made by Department
			 staff under OAR 413-080-0054(1);
(b) Face-to-face contact with the child's
			 parents or guardians, except as provided in OAR 413-080-0054(2); and
(c) Contact with each safety service
			 provider.