reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0020 - Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, the Department and entity may not deny to any individual the opportunity
			 to become an adoptive or foster parent on the basis of the race, color, or
			 national origin of the individual or the child involved, nor may the Department
			 and entity use race, color, or national origin to screen or assess prospective
			 foster or adoptive applicants.
(2)
			 The Department and entity may consider the willingness and ability of the
			 prospective foster or adoptive parent to care for a child of a different race,
			 color, or national origin as a factor when placing a child.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0030 - Recruitment and Staff Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department and entity must have an active recruitment program to recruit
			 and retain foster and adoptive parents who reflect the ethnic and racial
			 diversity of children for whom foster and adoptive homes are needed, and who
			 can meet the needs of children awaiting placement.
(2) The Department must train staff to assure
			 compliance with the Multiethnic Placement Act of 1994, and Title VI of the
			 Civil Rights Act of 1964.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0033 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Multiethnic Placement Act of 1994, Small
				  Business Job Protection Act of 1996 "Removal of Barriers to Interethnic
				  Adoption" & Title VI of Civil Rights Act of
				  1964
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0060 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 413-070-0060  to 413-070-0087  describe the Department's
				responsibility to search for and engage a child or young adult's relatives and
				persons with a caregiver relationship for one or more of the following
				purposes:
(1) To manage the safety of
			 the child or young adult;
(2) To
			 provide a substitute care resource;
(3) To provide a permanent placement
			 resource;
(4) To develop and
			 maintain family relationships and cultural connections with the child or young
			 adult in substitute care; and
(5)
			 To gather family information and family history to plan for meeting the needs
			 of the child or young adult.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.119,
				  418.005,
				  419A.004,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0063 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.119,
				  418.005,
				  419A.004 &
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0066 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.119,
				  418.005,
				  419A.004,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0069 - Identification of Relatives and Persons with a Caregiver Relationship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must begin the search immediately for relatives or persons with a caregiver
			 relationship:
(a) During a CPS assessment
			 when the Department has determined that a child is unsafe and an individual
			 other than the parent or guardian is required to manage a child's safety;
			 or
(b) When a parent or guardian:
(A) Is requesting the voluntary placement of
			 the child; or
(B) Is voluntarily
			 giving custody of the child to the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0072 - Contact with and Notice to Relatives or Persons with a Caregiver Relationship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless a
			 child welfare program manager or designee approves no contact, or a court
			 orders no contact, with an identified individual because contact may compromise
			 the safety of a child or young adult or another individual, the Department must
			 make diligent efforts to contact the following individuals as soon as
			 reasonably possible and no later than 30 calendar days after a child's initial
			 removal from the custody of a parent or guardian, or placement in substitute
			 care through a voluntary placement agreement or voluntary custody agreement:
(a) The child or young adult's parents or
			 legal guardians, grandparents, parents of a sibling of a child where the parent
			 has custody of the sibling, adult relatives, and persons with a caregiver
			 relationship;
(b) When the child or
			 young adult is a refugee, other individuals identified in OAR 413-070-0300  to
			 413-070-0380; and
(c) When there is
			 reason to know the child or young adult is an Indian child, the tribe, pursuant
			 to OAR chapter 413, division 115.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0075 - Assessment of a Relative or Person with a Caregiver Relationship for Involvement in Safety Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must assess an individual identified as a child or young adult's
			 relative or person with a caregiver relationship prior to engaging the
			 individual to assist in safety management as a safety service provider under
			 OAR 413-015-1200  to 413-015-1230.
(2) The Department must document each
			 decision regarding the involvement of a relative or person with a caregiver
			 relationship as a safety service provider in the Department's information
			 system.
(3) The Department may
			 make a decision to engage an individual as a safety service provider prior to
			 contacting all known relatives.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.119,
				  418.005,
				  419A.004,
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0078 - Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department is responsible for the selection of and placement with a
substitute caregiver
who best meets the safety, permanency,
			 and well-being needs of the
child
or
young
			 adult
, and who is able to maintain safe, long-term contact with
			 siblings, relatives, and caregivers known to the child and others with whom the
			 child has developed an emotional attachment.
(2) The Department considers as a substitute
			 care resource an individual described in OAR 413-070-0000(80)(a)-(c)  prior to
			 considering an individual described in OAR 413-070-0000(80)(d).
(3) Whenever possible, the Department must
			 seek the input of the child or young adult and the parents or guardians of the
			 child or young adult regarding their preferences of which relatives to assess
			 for the purposes of placement.
(4)
			 When a relative or person with a caregiver relationship has been identified for
			 consideration as a substitute caregiver, the Department must consider:
(a) The individual's ability to provide
			 safety for the child or young adult, including the individual's willingness to
			 cooperate with restrictions on contact between the child or young adult and
			 others and to prevent anyone from influencing the child or young adult on the
			 allegations of the case;
(b) The
			 individual's ability to meet the child or young adult's physical, emotional,
			 and educational needs, including the need to continue in the same school or
			 educational placement;
(c) The
			 individual's ability to support the Department's implementation of the
			 permanent plan;
(d) The
			 individual's ability to maintain safe, long-term contact with siblings,
			 relatives, and caregivers known to the child and others with whom the child has
			 developed an emotional attachment;
(e) When more than one individual requests to
			 have the child or young adult placed with them, which individual has the
			 closest existing relationship with the child or young adult; and
(f) When a child or young adult's siblings
			 are also in need of substitute care or continuation in substitute care, the
			 individual's ability to provide substitute care for the child or young adult's
			 siblings.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0081 - Review of a Child or Young Adult's Substitute Care Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must review the efforts to place a child or young adult with a relative,
			 current caretaker, or person with a caregiver relationship:
(a) No more than 30 calendar days from the
			 date of the child or young adult's initial placement in substitute
			 care;
(b) When the family of a
			 child or young adult, through a family meeting, has recommended substitute
			 care, permanency, or concurrent permanency with a relative who is not the
			 current substitute care resource and has not yet been assessed;
(c) When it appears a child or young adult is
			 likely to experience or experiences a change in substitute caregiver;
(d) When the child or young adult's
			 substitute caregiver does not meet the safety, permanency, and well-being needs
			 of the child or young adult;
(e)
			 During every regular case review described in OAR 413-040-0000  to 413-040-0032;
			 and
(f) No more than 30 calendar
			 days prior to a court or administrative review hearing.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0087 - Opportunity for Ongoing Connection and Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must assess a relative's
			 interest and appropriateness in maintaining family relationships and cultural
			 connections with a child or young adult when the relative is not a placement
			 resource, based on the relative's ability to:
(a) Meet the safety, permanency, and
			 well-being needs of the child or young adult; and
(b) Provide appropriate ongoing support.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0300  to 413-070-0380  is to prescribe
				conditions that must be met for the Department to remove a refugee child from
				home. These rules also establish the Refugee Child Welfare Advisory Committee
				(RCWAC) and set the criteria for its operations and duties.
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 -
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0310 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 -
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0320 - Placement of Refugee Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When it appears that a child who may be taken into custody under ORS
			 419B.150 or ORS
			 419C.080 by the Department is a
			 refugee child, the Department will make oral inquiry of the child or the parent
			 concerning national origin and ethnic and cultural information relative to the
			 child's status as a refugee child. For purposes of determining the child's
			 status as a refugee child, the Department may consider information, including,
			 but not limited to, information from the following sources:
(a) Any extended family member;
(b) Refugee community resources including,
			 but not limited to, any group, association, partnership, corporation, or legal
			 entity whose purpose is to represent the interests of a particular group or
			 groups of refugees who have the same ethnic or minority heritage;
(c) The RCWAC;
(d) Federal immigration agencies;
(e) Refugee agencies; and
(f) Department records.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0340 - Petition

Current through Register Vol. 63, No. 7, July 1, 2024
As required by ORS
				418.930 and
				418.933:
(1) Within one working day of the removal of
			 a refugee child from the child's home, the Department must file a petition with
			 the juvenile court.
(2) In addition
			 to the material required under ORS
			 419B.809 or
			 419C.255, the Department must
			 include the following items in its petition:
(a) A specific and detailed account of the
			 circumstances which led the Department to conclude that the child was in
			 imminent danger of serious emotional or physical harm;
(b) Specific actions the Department is taking
			 or has taken to alleviate the need for removal;
(c) Assurance that the Department has
			 complied with the placement preferences of ORS
			 418.937; and
(d) Assurance that the Department is making
			 or has made diligent efforts to locate and give notice to all affected family
			 members and to the Refugee Child Welfare Advisory Committee of the pendency of
			 the petition.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0345 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a refugee
			 child is removed from home, in addition to the notice provided by the court of
			 a hearing, the Department must notify all affected family members and the
			 Refugee Child Welfare Committee of the pendency of the petition described in
			 OAR 413-070-0340.
(2) The notice
			 will be written in language understandable to the recipient.
(3) The notice will contain the child's name;
			 the reason a petition was filed; and the time and place that the juvenile court
			 will be considering the petition.
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 -
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0350 - Judicial Determination

Current through Register Vol. 63, No. 7, July 1, 2024
As required by ORS
				418.933(1), a
				refugee child may not remain out of the child's home for longer than five days
				unless there has been a judicial determination supported by clear and
				convincing evidence that:
(1)
			 Preventive or remedial services provided by the Department have failed to
			 alleviate the need for removal; and
(2) Return to the home will likely result in
			 psychological or physical harm to the child.
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 -
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0360 - Record of Care

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must maintain a case record for each refugee
				child in its care containing:
(1) The
			 name, age, residence from which the child was removed, legal status, sex, and
			 race of the child, and the accumulated length of time the child has spent in
			 substitute care;
(2) The child's
			 health and education records;
(3)
			 The name, former residence, and health history of each parent and other
			 information relating to the ability of the parent to care for the child in the
			 parent's home;
(4) The date of the
			 child's intake and placement in substitute care and the name, race, occupation,
			 and residence of the person with whom the child is placed;
(5) If applicable, the date of the child's
			 adoption and the name, race, occupation, and residence of each adoptive parent;
(6) The date of the removal of the
			 child to another home and the reason for removal;
(7) The date of termination of guardianship,
			 if applicable;
(8) The history of
			 the child, based on information that is known to the Department, until the
			 child reaches 18 years of age, is legally adopted, or is discharged from the
			 legal custody of the Department according to law;
(9) Documentation of the reasonable efforts
			 made by the Department to reunite the child with his or her family, to comply
			 with the placement preferences of ORS
			 418.937, to place the child in
			 the least restrictive setting possible, and to place the child close to the
			 child's home and school;
(10)
			 Documentation of the child's status as a refugee child, including the source of
			 information concerning the child's refugee status and the date the information
			 was received by the Department;
(11) Any required demographic information;
			 and
(12) Other documentation as
			 required by Child Welfare Policy I-I.2, "Narrative Recording".
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 to
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0370 - Annual Report of Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 required by ORS 418.943, the Department will
			 publish annually a report on refugee children in its care. The report must
			 include statewide and county information on legal status, living arrangement,
			 age, sex, race, accumulated length of time in foster care, and other
			 demographic information deemed appropriate. The report will also state the
			 extent to which the Department has complied with ORS
			 418.925 to
			 418.945 and descriptions of the
			 methods of compliance.
(2) The
			 annual report must be sent to all members of the RCWAC no later than March 1 of
			 each year.
Stat. Auth.: ORS
				  418.005,
				  418.945
Stats. Implemented: ORS
				  418.005,
				  418.925 -
				  418.945
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0380 - Refugee Child Welfare Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required by ORS
			 418.941, the Department will
			 establish an advisory committee known as the Refugee Child Welfare Advisory
			 Committee (RCWAC). The RCWAC will perform the following tasks:
(a) Advise the Department on its
			 implementation of ORS
			 418.925 to
			 418.945;
(b) Advise the Department in the
			 identification, development, and certification of foster parents who meet
			 requirements of ORS 418.925 to
			 418.945 for placement of refugee
			 children, placing a special emphasis on locating homes maintained by refugees;
			 and
(c) Advise the Department in
			 developing training programs to insure the availability of culturally sensitive
			 social work.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0400  to 413-070-0490  is to describe
				the responsibilities of the substitute caregiver and the Department when a
				child or young adult placed in substitute care by the Department is prescribed
				or administered psychotropic medication.
Stat. Auth.: ORS
				  418.005 &
				  418.517
Stats. Implemented: ORS
				  109.640,
				  109.675,
				  418.005,
				  418.517
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0410 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005 &
				  418.517
Stats. Implemented: ORS
				  109.640,
				  109.675,
				  418.005 &
				  418.517
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0430 - Department Records, Medication Review, and Consent and Authorization Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must keep the medical and mental health records of any child or
			 young adult in substitute care. As used in this section, "medical and mental
			 health care records" includes a child or young adult's records of medical and
			 mental health care, including, but not limited to, the names of former and
			 current health providers, medical services and diagnoses, evaluations,
			 immunizations, and prescribed medications.
(2) The caseworker must support timely
			 exchange of medical and mental health care information for a child or young
			 adult in substitute care unless:
(a) A child
			 or young adult has the authority to consent to his or her own health and mental
			 health care; or
(b) The parent or
			 legal guardian of the child or young adult retains authority to consent to
			 health care decisions through a Voluntary Custody Agreement or Voluntary
			 Placement Agreement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0450 - Disclosure Requirements for a Child or Young Adult in Substitute Care

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 109.675, a child 14 years of age or older or
				young adult in substitute care may obtain, without parental knowledge or
				consent, outpatient diagnosis or treatment of a mental or emotional disorder,
				or a chemical dependency, excluding methadone maintenance, by a licensed
				physician, licensed physician associate, licensed psychologist, registered
				nurse practitioner, licensed clinical social worker, licensed professional
				counselor or marriage and family therapist, or a community mental health
				program established and operated pursuant to ORS 430.620. However, when a child
				14 years of age or older or young adult is in substitute care, and the
				substitute caregiver or the Department has knowledge of any prescription, the
				notification requirements of OAR 413-070-0470, 413-070-0480, and 413-070-0490 apply.
Statutory/Other Authority: ORS 418.005 & ORS
				  418.517
Statutes/Other Implemented: ORS 109.640, ORS 109.675, ORS
				  418.005 & ORS 418.517
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0470 - Substitute Caregiver Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The substitute caregiver must:
(a) Notify the Department within one business
			 day after receiving a new prescription or knowledge of a new prescription for
			 psychotropic medication for a child or young adult; and
(b) Obtain authorization from the Department
			 prior to filling a prescription for and administering a new psychotropic
			 medication.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0480 - Notification Timelines for Psychotropic Medication Therapy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must provide written
			 notification to the parties identified in section (2) of this rule within a
			 timely manner, not to exceed ten business days after:
(a) The Department receives notice that a
			 psychotropic medication has been prescribed for a child or young adult in
			 substitute care; or
(b) Either of
			 the following changes occur in the treatment of a child or young adult in
			 substitute care:
(A) The prescribed dosage of
			 a psychotropic medication; or
(B)
			 Discontinuation of existing psychotropic medication therapy.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0490 - Notification Content for Psychotropic Medication Therapy

Current through Register Vol. 63, No. 7, July 1, 2024
The notification described in OAR 413-070-0480  must contain all
				of the following:
(1) The name and
			 contact information of the prescribing licensed medical professional.
(2) The diagnosed condition of the
			 child or young adult for which the medication was prescribed.
(3) The name of the prescribed psychotropic
			 medication.
(4) The prescribed
			 dosage.
(5) The dosage recommended
			 pursuant to a medically accepted indication.
(6) The reason the medication was prescribed.
(7) The expected benefit of the
			 medication.
(8) The side effects
			 of the medication.
(9) Notice of
			 the right to petition the juvenile court for a hearing if there is an objection
			 to the use of the prescribed medication or prescribed dosage.
Stat. Auth.: ORS
				  418.005 &
				  418.517
Stats. Implemented: ORS
				  109.640,
				  109.675,
				  418.005 &
				  418.517
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0500 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0500  to 413-070-0519  is to describe
				the Department's responsibility to seek legal permanency for a child or young
				adult in the legal custody of the Department and the use of a permanency
				committee.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0510 - Obligation to Seek Legal Permanency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except when a
parent
has
			 subjected a
child
or
young adult
to
			 aggravated circumstances as defined in ORS
			 419B.340 or active efforts are required because the
child
or
young adult
is, or there is
reason to know
the
child
or
young adult
may be an
Indian child
, the
Department
must make
			 reasonable efforts to preserve and reunify families by:
(a) Establishing conditions for return
			 described in OAR 413-040-0006  when a child or young adult is removed;
			 and
(b) Implementing a permanency
			 plan to make it possible for the child or young adult to safely return
			 home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0514 - Use of Permanency Committee

Current through Register Vol. 63, No. 7, July 1, 2024
A
permanency committee
must be scheduled when
				any of the following applies:
(1) A
			 caseworker recommends a change in
permanency plan
to
			 guardianship,
fit and willing relative
, or APPLA. This rule
			 does not apply to a permanency plan of guardianship under OAR 413-070-0668  unless the Department determines that it must make a recommendation to change
			 the permanency plan for a child to guardianship prior to a resource having been
			 identified pursuant to OAR 413-070-0518(1)(b).
(2) A caseworker is considering a separation
			 of siblings in
adoption
under OAR 413-110-0132.
(3) A caseworker requests a
permanency committee
review the relationship between a
general applicant
and a
child
whose
permanency plan
is
adoption
under OAR
			 413-120-0750.
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 413-070-0516 - Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
permanency committee
is composed of the following individuals:
(a) Two individuals who have been appointed
			 by a Child Welfare Program Manager to attend a
permanency
			 committee
.
(A) A
committee
			 facilitator
, who must be a Department staff member and who must ensure
			 all of the following:
(i) The meeting is held
			 according to the requirements of OAR chapter 413.
(ii) Individuals are informed of the
			 responsibilities of the committee and the confidentiality of information
			 presented during the meeting.
(iii)
			 Committee recommendations are thoroughly and accurately documented.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0518 - Approving a Permanency Plan Prior to a Resource Being Identified

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A permanency
			 plan may be changed to guardianship or placement with a fit and willing
			 relative prior to a resource having been identified when:
(a) The court changes a permanency plan for a
			 child or young adult before the Department makes a recommendation pursuant to
			 OAR 413-070-0512  to 413-070-0516; or
(b) The Department must make a recommendation
			 to change the permanency plan for a child or young adult to guardianship or
			 placement with a fit and willing relative because a child or young adult's
			 current permanency plan is no longer in the best interest of the child or young
			 adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0519 - Decision and Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Child
			 Welfare Program Manager or designee must:
(a)
			 Consider the recommendations of the permanency committee;
(b) Make a decision within one business day
			 following the receipt of the written recommendations of the permanency
			 committee; and
(c) Provide written
			 notification of the decision and the basis of the decision to the caseworker on
			 a form approved by the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0520 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-070-0520  to
				413-070-0565 is to describe the responsibilities of the Department in case planning and the
				appropriate use of APPLA as a permanency plan for a child or young
				adult.
Stat. Auth.: ORS
				  418.005
Stats Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0524 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005,
				  418.925,
				  419A.004(17)
Stats Implemented: ORS
				  418.005,
				  418.925,
				  419A.004(17))
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0532 - APPLA

Current through Register Vol. 63, No. 7, July 1, 2024
The caseworker considers one of the following types of APPLA
				when considering APPLA as a permanency plan for a child who has reached the age
				of 16 or young adult:
(1) APPLA -
			 permanent foster care. APPLA - permanent foster care is a plan in which the
			 child or young adult remains in a substitute care placement with a substitute
			 caregiver who has:
(a) Committed to the care
			 and well-being of the child or young adult; and
(b) Entered into a permanent foster care
			 agreement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0536 - Consideration of APPLA as a Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department consideration of APPLA as a
			 permanency plan must be based on the individual safety, permanency, and
			 well-being needs of a child who has reached the age of 16 or young adult. The
			 age or disability of a child or young adult is never a disqualifier for a more
			 preferred permanency plan.
(2) The
			 Department may only consider APPLA as a permanency plan for a child who has
			 reached the age of 16 or young adult only if the Department has determined it
			 is not in the best interests of the child or young adult to implement one of
			 the following preferred permanency plans:
(a)
			 Placement with a parent;
(b)
			 Placement in an adoptive home;
(c)
			 Placement with a legal guardian; or
(d) Placement with a fit and willing
			 relative.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0540 - Determination of APPLA as a Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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) Prior to the permanency committee, when
			 APPLA - permanent foster care is being considered as the most appropriate
			 permanency plan for a child or young adult, the caseworker must:
(a) Meet with the substitute caregiver to:
(A) Assess interest in and commitment to a
			 permanent foster care agreement with each substitute caregiver as long as APPLA
			 - permanent foster care is the permanency plan for the child or young adult;
			 and
(B) Review the requirements,
			 responsibilities, and approval process for the permanent foster care agreement
			 with each substitute caregiver.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0550 - Approval and Implementation of an APPLA Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The permanency
			 committee must consider the best interests of the child who has reached the age
			 of 16 or young adult and each of the following factors when developing a
			 recommendation regarding APPLA 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 the parents of the child or young adult
			 to identify permanency resources.
(c) The parents' acceptance of APPLA as a
			 permanency plan and their preference for continued contact with the child or
			 young adult.
(d) The ability of
			 the substitute caregiver to meet the needs of the child or young adult pursuant
			 to OAR 413-070-0640.
(e) The
			 compelling reasons reunification, adoption, guardianship, or placement with a
			 fit and willing relative 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 413-070-0552 - Ongoing Department Responsibilities When APPLA is the Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When APPLA is
			 the court-approved permanency plan for a child or young adult in the
			 Department's legal custody, the caseworker must do all of the following:
(a) Discuss the needs of the child or young
			 adult with the substitute caregiver and the child or young adult during
			 face-to-face and other contacts, and routinely discuss needs, benefits,
			 barriers, and solutions towards achieving a more preferred permanency option.
(b) Have contact with the child or
			 young adult, with the substitute caregiver, and monitor child or young adult
			 safety as described in OAR 413-080-0040  to 413-080-0067.
(c) Provide timely assessment and services
			 for identified needs of the child or young adult and the substitute caregiver
			 or the parents of the child or young adult.
(d) As soon as possible after the child
			 reaches 14 years of age initiate comprehensive transition planning as described
			 in OAR 413-030-0400  to 413-030-0460.
(e) Ensure an annual review of Department
			 efforts to identify and contact relatives of a child or young adult and efforts
			 to place with or develop and maintain a child or young adult's connection and
			 support with relatives is completed.
(f) Monitor the case plan and complete the
			 required case plan reviews.
(g)
			 Submit to the court and to the citizen review board the case plan updates
			 required in Child Welfare Policy I-I.2, "Narrative Recording" and, when the
			 APPLA plan is APPLA - permanent foster care, submit a copy of the permanent
			 foster care agreement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0556 - APPLA Permanency Plan Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must review the APPLA 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 service
			 providers, substitute caregivers, an attorney of the child or young adult, a
			 court appointed special advocate of the child or young adult, the tribe if the
			 child is an ICWA child, persons with significant attachments to the child or
			 young adult, and relatives of the child or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0565 - Termination of APPLA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The APPLA -
			 permanent connections and support must be terminated when:
(a) Court wardship is terminated;
(b) The court relieves the Department of
			 legal custody of the child or young adult; or
(c) The court determines that APPLA -
			 Permanent Connections and Support is no longer the appropriate permanency plan
			 for the child or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0570 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0570  to 413-070-0574  is to describe
				when the Department will consider and pursue special immigrant juvenile status
				for a child or young adult who was brought to the United States by a parent or
				legal guardian not for the purpose of adoption, does not have lawful permanent
				resident status, cannot be returned safely to a parent or placed in the country
				of origin of the child or young adult, and should remain in the United States
				pending finalization of a permanent plan other than return to
				parent.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0574 - Special Immigrant Juvenile Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may apply for special
			 immigrant juvenile status for a child or young adult in the legal and physical
			 custody and guardianship of the Department if all of the following requirements
			 are met:
(a) The juvenile court has
			 determined that:
(A) The child or young adult
			 is a dependent ward;
(B) The child
			 or young adult cannot be returned to a parent due to abuse, neglect,
			 abandonment, or similar circumstance; and
(C) It is not in the best interests of the
			 child or young adult to return to the child's, young adult's, or parent's
			 country of nationality or country of last habitual residence.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0600  to 413-070-0645  is to:
(1) Describe the requirements for assessing
			 the needs of the child or young adult when the Department places the child or
			 young adult in substitute care to assure the child's safety;
(2) Identify the most appropriate available
			 substitute caregiver who can meet the needs of the child or young adult;
			 and
(3) Describe the requirements
			 for assessing and matching a potential caregiver's ability to meet the current
			 and lifelong needs of the child or young adult for safety, attachment,
			 permanency, and well-being.
Statutory/Other Authority: ORS
				  418.005 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005 & ORS
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0620 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005,
				  419A.004 &
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0630 - Monitoring the Ongoing Substitute Care Placement Needs of the Child or Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker
			 must monitor the substitute care placement of the child or young adult and
			 determine whether the relative caregiver, foster parent, or provider:
(a) Meets the placement considerations of OAR
			 413-070-0625; and
(b) Manages the
			 supervision needs of the child or young adult as identified in the CANS
			 screening and other current assessments or evaluations of the child or young
			 adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0640 - Placement Assessment and Matching

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The caseworker must assess the extent to
			 which the ongoing needs of the child or young adult for safety, attachment,
			 permanency, and well-being:
(a) Are currently
			 met in substitute care at each 90 day case plan review; and
(b) Will be met with a potential adoptive
			 resource or potential guardian during the permanency planning
			 process.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0645 - Involving the Substitute Caregiver in the Concurrent Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The caseworker must:
(1) Determine whether the substitute
			 caregiver is willing to continue as the placement resource, has the skills and
			 abilities to meet the need of the child or young adult for safety and
			 well-being, and is willing to work with the Department while the concurrent
			 permanent plan for the child or young adult is implemented by the Department;
			 and
(2) Provide the substitute
			 caregiver with the opportunity to have input into a permanency plan.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005  & 419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0651 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005 &
				  419B.369
Stats. Implemented: ORS
				  418.005,
				  419B.192 &
				  419B.369
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0655 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-070-0651  to 413-070-0670  is to describe
				the responsibilities of the Department to determine the appropriate use of
				guardianship, as established by the court under ORS chapter 419B, as a
				permanency plan for a child in the care or custody of the
				Department..
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0660 - Consideration of Guardianship as a Permanency Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may consider guardianship
			 as a
permanency plan
for a
child
in the care
			 or legal custody of the Department based on the individual safety, permanency,
			 and well-being needs of the
child
, when the Department has
			 determined:
(a) The
child
is
			 unable to safely return to the home of a
parent
; and
(b)
Adoption
is not an
			 appropriate plan based on the best interest of the
child
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0665 - Consideration of a Substitute Caregiver as a Potential Guardian

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 considering a substitute caregiver as a potential guardian, the caseworker and
			 the caseworker's supervisor must comply with the requirements of both of the
			 following subsections:
(a) Review the
			 Department's diligent efforts to identify, contact, and place a child with
			 relatives or persons with a caregiver relationship and to place siblings
			 together as required under OAR 413-070-0060  to 413-070-0087.
(b) Confirm there are no current Department
			 actions to:
(A) Identify a child's relative as
			 defined in OAR 413-070-0000(78)(a)-(d);
(B) Assess an identified relative as defined
			 in OAR 413-070-0000(78)(a)-(d)  who has either expressed an interest in and
			 needs to be or currently is being assessed as a permanency resource.