Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 105 - EDUCATIONAL SERVICES FOR A CHILD OR YOUNG ADULT IN SUBSTITUTE CARE › Section 413-105-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context dictates otherwise, the following
				definitions apply to OAR chapter 413 division 105.
(1) "504 Plan" means a plan created pursuant
			 to Section 504 of the Rehabilitation Act of 1973, which ensures that a child
			 who is legally disabled and is attending an elementary or secondary educational
			 institution receives accommodations that will ensure the child's academic
			 success and access to the learning environment.
(2) "CASA" means Court Appointed Special
			 Advocate, a volunteer who is appointed by the court, is a party to the juvenile
			 proceeding, and is an advocate for the child pursuant to ORS
			 419A.170.
(3) "Child" means a person under 18 years of
			 age.
(4) "Disability" means one of
			 the following conditions or diagnoses that causes the child or student to
			 require special education: autism spectrum disorder; communication disorder;
			 deafblindness; developmental disability emotional disturbance; hearing
			 impairment, including deafness; intellectual disability; orthopedic other
			 health impairment; specific learning disability; traumatic brain injury; or
			 visual impairment, including blindness. (See "children with disabilities," OAR
			 581-015-2000.)
(5) "Department"
			 means the Oregon Department of Human Services.
(6) "Foster care" means substitute care for
			 children placed by the Department of Human Services or a tribal child welfare
			 agency away from their parents and for whom the Department or agency has
			 placement and care responsibility, including placements in foster family homes,
			 foster homes of relatives, group homes, emergency shelters, residential
			 facilities, child care institutions, and preadoptive homes. Foster Care does
			 not mean care for children whose parent or guardian voluntarily placed the
			 child outside the child's home with a public or private agency and for whom the
			 child's parent or guardian retains legal guardianship.
(7) "Foster parent" means a person who
			 operates a home that has been approved by the Department to provide care for an
			 unrelated child or young adult placed in the home by the Department.
(8) "GED" means a General Educational
			 Development certificate issued pursuant to ORS
			 326.550.
(9) "Guardian" means an individual who has
			 been granted guardianship of the child through a judgment of the
			 court.
(10) "Individualized
			 Education Program" or "IEP" means a written statement of an educational program
			 which is developed, reviewed, revised and implemented for a school-aged child
			 with a disability.
(11) "Legal
			 custody" means that a person or agency has legal authority:
(a) To have physical custody and control of a
			 child;
(b) To supply the child with
			 food, clothing, shelter and other necessities;
(c) To provide the child with care, education
			 and discipline;
(d) To authorize
			 medical, dental, psychiatric, psychological, hygienic or other remedial care or
			 treatment for the child, and in any emergency where the child's safety appears
			 urgently to require it, to authorize surgery or other extraordinary care;
			 and
(e) "Legal custody" includes
			 temporary custody of a child under an order of a court.