reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0024 - Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 caseworker determines the conditions for return have been achieved and
			 identified impending danger safety threats can be managed when a child or young
			 adult is returned to a parent or guardian, the caseworker must develop an
			 in-home ongoing safety plan. The caseworker's supervisor must:
(a) Approve the proposed in-home ongoing
			 safety plan during the five working days prior to the return of a child or
			 young adult to the home of a parent or guardian of the child or young adult;
			 and
(b) Document the approval in
			 the Department's information system.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0032 - Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child or
			 young adult is in the home of the parent or guardian and the parent or guardian
			 can sustain the safety of the child or young adult, the caseworker must assess
			 when the in-home ongoing safety plan should close.
(2) When assessing whether the in-home
			 ongoing safety plan can be closed, the caseworker must determine whether:
(a) The parent or guardian has demonstrated
			 capacity to sustain the safety of the child or young adult based upon:
(A) Observations of the child or young adult
			 and the parent or guardian in the home;
(B) Expert evaluations and reports from
			 service providers;
(C) Reports
			 from participants in the in-home ongoing safety plan;
(D) The extent to which the achievement of
			 expected outcomes supports the ability of the parent or guardian to sustain the
			 safety of the child or young adult; and
(E) Consultation with other individuals
			 participating with the parent or guardian to sustain the safety of the child or
			 young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
An outline of the required review process to maintain a child
				or young adult who is in the physical or legal custody of the Department and
				placed in substitute care. These rules emphasize that child safety, permanency
				and well-being are the paramount concerns guiding the review process for
				providing and maintaining services to children in Department care or
				custody.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  419A.090  - 419A.122, 419B.440 - 419B.476 & 419C.623 -
				  419C.656
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title IV, ORS
				  419A.090-122, SB408, ORS
				  419B.440-476 &
				  419C.623-656
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0130 - Administrative Reviews for Title IV and ORS 419A.090 et seq

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative reviews will be held on:
(a) All children in the legal or physical
			 custody of the Department and placed in paid or unpaid substitute care,
			 including court sanctioned permanent foster care, a non-finalized adoptive
			 placement; subsidized independent living; or returned to a parental home on the
			 basis of a trial home visit;
(b)
			 All children placed in substitute care with a Voluntary Custody Agreement or
			 Child Placement Agreement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0135 - Responsibility for Administrative Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Responsibility for CRB Reviews when more
			 than one Department office, cluster or state is involved with the case. Offices
			 will meet the administrative review requirements for children in placements as
			 follows:
(a) For Oregon children in
			 substitute care placements inside and outside of Oregon, the local Department
			 office in the county holding legal jurisdiction is responsible for the
			 administrative review.
(A) Information about
			 a child placed out-of state will be requested through Interstate Compact on the
			 Placement of Children (ICPC) from the supervising state; and
(B) The Oregon caseworker will compile
			 information for the review on family members residing in Oregon and receiving
			 Department services.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0145 - Court Notification of Placement Changes and Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 caseworker, in consultation with a supervisor as outlined in OAR 413-080-0051,
			 removes a
child
or
young adult
in the
legal custody
of the
Department
from the
			 physical custody of a
parent
or
guardian
to
			 manage the safety of the
child
or
young
			 adult
, the caseworker must:
(a)
			 Promptly complete a written report on a form approved by the
Department
and send the report to the juvenile court and all
			 legal parties listed in ORS
			 419B.875 the day the
child
or
young adult
is placed into
substitute care
or no later than the morning of the next
			 business day;
(b) Promptly request
			 an expedited review hearing on the court's shelter hearing docket the day the
child
or
young adult
is placed into
substitute care
or no later than the morning of the next
			 business day; and
(c) If the
			 caseworker knows or has reason to know the
child
is an
Indian child
, the worker must also comply with OAR
			 413-115-0050  through 0090.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0150 - Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local
			 Department office shall provide correspondence information to the local CRB to
			 assure that written notice of the review is provided to the Department, any
			 other agency directly responsible for the care or placement of the child, the
			 parents or their attorneys, foster parents, surrogate parents, persons granted
			 intervener status, mature children or their attorneys, court-appointed attorney
			 or court appointed special advocate for any child, any district attorney or
			 attorney general actively involved in the case and other interested persons.
			 The notice shall include advice that persons receiving a notice may participate
			 in the hearing and be accompanied by a representative.
(2) The local Department office shall provide
			 foster parent, pre-adoptive parent, grandparent, or relative who is actively
			 providing care for a child, notice of any court hearing concerning the
			 child.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419A.090 -
				  419A.122,
				  419B.440 -
				  419B.476,
				  419C.623 -
				  419C.656
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0155 - Participants in Administrative Reviews and Permanency Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All legal
			 custodians and parents must be invited and encouraged to participate in
			 Administrative Reviews and Permanency Hearings.
(2) Other individuals to invite are:
(a) Substitute care providers;
(b) Children, when it is determined that the
			 child's attendance would be appropriate and the child wishes to
			 attend;
(c) Attorneys and Court
			 Appointed Special Advocates (CASA);
(d) Indian tribe (if applicable).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0157 - Documentation Requirements for Administrative Reviews and Permanency Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Required
			 documentation supporting the administrative review includes:
(a) The current case plan narrative;
			 and
(b) A signed recommendation of
			 the findings of the CRB or internal review committee (to be attached to the
			 file copy of the case plan; or
(c)
			 A court order with language to the effect that a complete judicial review was
			 held in place of an administrative review, and the court relieves the CRB of
			 its responsibility to review the case pursuant to OR 419A.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0159 - Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Case records
			 must contain documentation that written advance notice was provided to the
			 persons cited in OAR 413-040-0150  inviting them to attend the Administrative
			 Review or Permanency Hearing.
(2)
			 The Department will provide copies of the case plan narrative to:
(a) Legal custodial and non-custodial
			 parents;
(b) Parents
			 out-of-state;
(c) Parents who have
			 not had their parental rights terminated or have not signed a release and
			 surrender agreement for adoption;
(d) Indian tribes (if applicable);
(e) Parents' and child's attorneys;
			 and
(f) Court Appointed Special
			 Advocates (CASA).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0165 - Documentation Requirements for Reports Submitted to the Court Regarding an Indian Child Who is a Ward of the Court

Current through Register Vol. 63, No. 7, July 1, 2024
Any report that the
Department
submits to the
				court regarding an
Indian child
who is a ward of the court,
				including home studies, placement reports or other reports required under ORS
				chapters 109, 418, 419A and 419B, must address tribal customary adoption, as
				defined in OAR 413-115-0000 (43), as a
permanency plan
option
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: Oregon Laws
				  2021
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0170 - Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Children in
			 out-of-home placement on the basis of a signed Voluntary Custody Agreement or
			 Child Placement Agreement, and Title IV-E-FC eligible must, within 180 days of
			 placement, have a judicial determination by court order to the effect that such
			 placement is in the best interests of the child. A finding of reasonable
			 efforts is not required. The judicial determination requirement may be met
			 without a court hearing, e.g. letter to the court which results in an exparte
			 court order. However, if a court hearing does not occur, a CRB review must be
			 held and Permanency Hearings must occur as scheduled.
(2) Children placed on the basis of a
			 Voluntary Custody Agreement or Child Placement Agreement are subject to the
			 same Administrative Review and Permanency Hearing requirements as children
			 placed on the basis of a court order.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title IV, ORS
				  419A.090-122,
				  419B.440-476,
				  419C.623-656
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0200 - The Interstate Compact on the Placement of Children (ICPC) - History and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Interstate Compact on the Placement of Children (ICPC or Compact) is an
			 agreement between all 50 states, the District of Columbia and the U.S. Virgin
			 Islands. (See ICPC Articles I-X and the ICPC regulations .01-10 (2001).) The
			 Compact was adopted by the 1975 Oregon Legislature and is codified at ORS
			 417.200 to
			 417.260.
(2) The purpose of the compact is to ensure
			 that when children are placed outside of their home state, those children
			 receive the same protections and services that would have been provided if they
			 had remained in their home state.
(3) Article I of the ICPC provides, in part,
			 that it is the policy of the party states to cooperate with each other in the
			 interstate placement of children to the end that:
(a) Each child requiring placement receives
			 the maximum opportunity to be placed in a suitable environment with persons or
			 institutions having appropriate qualifications and facilities to provide a
			 necessary and desirable degree and type of care;
(b) The appropriate authorities in the state
			 where a child is to be placed have full opportunity to ascertain the
			 circumstances of the proposed placement, thereby promoting full compliance with
			 applicable requirements for the protection of the child;
(c) The proper authorities of the state from
			 which the placement is made are able to obtain the most complete information to
			 evaluate a projected placement before it is made; and
(d) Appropriate jurisdictional arrangements
			 for the care of children are promoted.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0205

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0208 - Placements Subject to the ICPC; Placements Not Subject to the ICPC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 placement of a child is subject to the ICPC, the sending agency must comply
			 with the requirements of the ICPC and OAR 413-040-0200  to
			 413-040-0292.
(2) The ICPC applies
			 to the placement of a child:
(a) With a
			 parent, adoptive family, relative family or a foster family in another state,
			 when the child is in the care or custody of a public child welfare
			 agency;
(b) By any individual or
			 entity into another state if the placement is for adoption; and
(c) By any individual or entity into a
			 licensed residential treatment center located in another state.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0210 - Definitions for ICPC Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, these terms are defined
				for use in OAR 413-040-0200  to 0330:
(1) "AAICPC" means the Association of
			 Administrators of the Interstate Compact on the Placement of Children, which is
			 the national professional association of state administrators of the Interstate
			 Compact on the Placement of Children, housed at the American Public Human
			 Services Association (APHSA).
(2)
			 "Compact administrator" means the person for each party to the Compact
			 responsible for carrying out the provisions of the Compact. In Oregon, it is
			 the Assistant Director, Children, Adults and Families, Department of Human
			 Services.
(3) "Department" means
			 the Department of Human Services, Child Welfare.
(4) "Deputy compact administrator" means the
			 person appointed by a compact administrator as the coordinator to assure
			 compliance with the law.
(5) "ICPC
			 approved family" means a family approved by the ICPC deputy compact
			 administrator or designee after reviewing a home study.
(6) "Placement" means the arrangement for the
			 care of a child in a foster home, relative foster home, non-paid relative home,
			 or a child-caring agency or institution. It does not include the arrangement
			 for care in an institute caring for the mentally ill, an institution primarily
			 educational in character, or a hospital or other medical facility.
(7) "Receiving state" means the state to
			 which a child is sent, brought, or caused to be sent or brought, whether by a
			 public authority or a private person or agency, whether for placement with a
			 state or local public authority or with a private agency or person.
(8) "Sending agency" means a party state or
			 an officer or employee thereof; a subdivision of a party state or an officer or
			 employee thereof; a court of a party state; or a person, corporation,
			 association, charitable agency, or other entity that sends, brings, or causes
			 to be sent or brought a child to another party state.
(9) "Sending state" means the state from
			 which a proposed placement is made.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0215

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 - 260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0222 - Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will not delay or deny placement of a child who is in the custody of
			 the Department solely because the available ICPC approved family resides
			 outside the state of Oregon.
(2) An
			 approved adoptive resource (as defined in OAR 413-200-0260) who alleges that
			 the denial of an adoption placement was based on the adoptive resource residing
			 outside Oregon has the right to a contested case hearing as provided in ORS
			 183.310 to
			 183.550 and OAR
			 413-010-0500.
(3) For denial,
			 termination, revocation or appeal of a child-specific certificate of approval
			 for a relative caregiver or foster parent, refer to OAR 413-200-0296.
(4) Denial of ICPC placement or reversal of
			 an approval.
(a) Reasons for denial or
			 reversal of ICPC placement approval. A placement request may be denied, or
			 approval may be reversed when:
(A) The
			 certification requirements of OAR chapter 413, division 200 are not
			 met;
(B) The adoptive resource
			 certification requirements of OAR 413-200-0274  are not met;
(C) The applicant fails to timely respond to
			 a written request from the Oregon ICPC office;
(D) The applicant withdraws his or her
			 application; or
(E) The child's
			 specific needs cannot be met if the child is placed in the home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0228 - Placement of Oregon Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 an ICPC request to be valid, it must be reviewed and approved by the Oregon
			 ICPC Office and a form 100A must be approved by the requesting party and the
			 compact administrator, deputy compact administrator or designee.
(2) At minimum, the following documentation
			 is required for the Oregon ICPC office to process an ICPC request for placement
			 in another state:
(a) A completed form
			 100A.
(b) A copy of the relevant
			 court order, and if there is none, a statement supporting the sending agency's
			 authority to place the child and documentation of ongoing
			 supervision.
(c) A copy of the
			 child's case plan or recent social history.
(d) Financial/medical plan for the child's
			 placement including documentation whether the child is Title IV-E
			 eligible.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0230

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0240 - Financial and Medical Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department is the sending
			 agency, the Department is responsible for the support and maintenance of the
			 child during the period of the placement.
(2) When the Department is the sending
			 agency, the Department is responsible for ensuring that medical coverage for
			 the child is provided during the period of the placement.
(3) When, subsequent to ICPC approval, the
			 Department places a child out of state with a foster parent or relative
			 caregiver, foster care payment is determined in accordance with OAR
			 413-090-0000  to 413-090-0050.
(4)
			 When, subsequent to ICPC approval, the Department places a child out of state
			 in a residential facility, payment to the facility will be negotiated prior to
			 placement. This payment may be through a contract with the Department or
			 through Medicaid, as authorized by the Oregon Health Authority or its
			 contractors.
(5) When a state other
			 than Oregon is the sending agency, the Department is not responsible for the
			 support and maintenance of a child placed in Oregon.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005  & ORS
				  418.647
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  417.200-417.260  & ORS
				  418.647
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0248 - Travel Arrangements and Reimbursement for Transportation Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may pay transportation costs related to the interstate placement of a child in
			 the Department's custody.
(2)
			 Travel arrangements and expenses for children in the Department's custody.
(a) Travel arrangements must be made through
			 a state-contracted travel agency.
(b) Travel arrangements must be made only
			 after the ICPC authorization number is provided by the ICPC office.
(c) Travel expenses must be pre-authorized by
			 the Oregon ICPC office; however, pre-authorization for expenses is not required
			 if there is an emergency, as determined by the ICPC office.
(d) The Oregon ICPC office will reimburse
			 expenses using the required travel expense form. Receipts must be submitted for
			 all expenses that are not per diem expenses.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0265

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0268 - Placement of Children or Young Adults from Other States in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All incoming
			 ICPC requests for a home study and placement of a child or young adult in
			 Oregon must be processed by the Oregon ICPC office.
(2) Young adults. The Oregon ICPC office will
			 accept requests for placement of a young adult unless the young adult is living
			 independently.
(3) Parent home
			 study.
(a) The Department will conduct a
			 parent home study after receiving the request from the Oregon ICPC
			 office.
(b) As part of the parent
			 home study, the Department will have face-to-face contact with each member of
			 the household.
(c) The Department
			 will ensure completion of child abuse history background and criminal history
			 background checks for each adult member of the household.
(d) Fingerprinting requirements for a parent
			 home study. The Department will ensure completion of a fingerprint-based
			 criminal records check of national crime information databases on each adult
			 member of the household if:
(A) An adult
			 member of the household lived outside of the state within five years of the
			 date of the request; or
(B) An
			 adult member of the household disclosed criminal history or if criminal history
			 is found during the Department background check.
(e) The Department will verify income and the
			 stability of the housing arrangement and assess the condition of the
			 home.
(f) Each parent must be
			 compliant with the case and service plans from the sending state.
(g) The Department will consider the needs of
			 the child or young adult when determining whether the placement will be
			 approved.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0270

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0280

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0282 - Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child is
			 placed out of or into Oregon by a sending agency, including a parent or a
			 private licensed agency, for purposes of adoption, the ICPC applies.
			 Independent and private agency adoption referrals are processed as soon as
			 practicable after receipt by the ICPC office of the complete compact placement
			 referral.
(2) Referrals for
			 independent and private agency adoptive placement covered by the Compact must
			 be sent to the Oregon ICPC office, after the birth of the child, and must
			 contain the following:
(a) Cover
			 letter;
(b) Form 100A;
(c) Forms 246, 246A, and 246B, or the
			 equivalent from another state;
(d)
			 The consents and surrenders required by law, signed after the birth of the
			 child;
(e) If the biological or
			 legal father has not signed a consent and surrender, an affidavit from the
			 child's mother regarding the biological father and, if the legal father is not
			 the biological father, regarding the legal father;
(f) Documentation regarding all known facts
			 about each legal or putative father. If the mother has stated that the identity
			 or whereabouts of the father is unknown, documentation regarding what advice
			 and information the mother was given and the reason why the father's identity
			 or whereabouts are unknown to the mother;
(g) Written verification that the birth
			 parent was given notice of the right to payment for adoption-related counseling
			 pursuant to ORS
			 109.346,
			 if it is an Oregon birth mother or if the adoption is being finalized in
			 Oregon;
(h) Written verification
			 that the birth and adoptive parent(s) have been advised about the Oregon
			 Voluntary Adoption Registry if the adoption will be finalized in
			 Oregon;
(i) A legal risk statement
			 signed by the adoptive family that acknowledges that the child is not legally
			 free for adoption and that there is a risk of having the child removed from the
			 home. This statement is required when one of the biological or legal parents
			 has not signed a consent and surrender;
(j) For placements made by a private adoption
			 agency, a copy of the sending agency's license or certification;
(k) A statement regarding the applicability
			 of the ICWA;
(l) If the child is an
			 Indian child, the parental consents for adoption must comply with the
			 ICWA;
(m) Medical information
			 regarding the child; and
(n) The
			 completed home study. An update must be included if the study was completed
			 more than one year from the date the ICPC referral is made.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0290

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0292 - ICPC Case Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sending
			 agency retains jurisdiction over the child or young adult sufficient to
			 determine all matters in relation to the custody, supervision, care, treatment,
			 and disposition of the child or young adult that it would have had if the child
			 had remained in the sending agency's state until the child or young adult:
(a) Is adopted;
(b) Reaches the age of majority according to
			 the law of the sending state;
(c)
			 Becomes self-supporting as determined by the sending agency;
(d) Is discharged with the concurrence of the
			 appropriate authority in the receiving state; or
(e) Is returned to the sending
			 state.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  417.200  - 417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0325

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  417.200  -.260 & Article V
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0330

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  417.200 -
				  417.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0400 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
HIV testing is an intrusive medical procedure which can have
				serious social consequences. The Department will subject children in its
				custody to this procedure only if it is medically indicated. When a child in
				Department custody is tested for HIV, informed consent procedures shall be
				followed and the results of the test held in strictest
				confidence.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0420 - HIV Antibody Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 children and youth in Department custody, the HIV antibody test is to be done
			 only to facilitate the medical care of the child if clinically indicated after
			 a thorough medical evaluation by a doctor knowledgeable about HIV infections.
			 The test is not to be used to screen individuals with high risk behaviors or
			 any other groups, nor to satisfy the curiosity of Department staff or
			 contracted providers.
(2) Under the
			 direction of a physician, infants born to mothers known to have engaged in high
			 risk behaviors may be tested for HIV. The presence of HIV infection in an
			 infant can be determined only after the mother's antibodies are gone from the
			 child's bloodstream. Because maternal antibody crosses the placenta, the
			 presence of HIV infection can only be determined after a series of
			 tests.
(3) Victims of sexual abuse
			 who have been exposed to blood or semen may be tested for HIV. If the child can
			 understand, informed consent procedures shall be used (I-B.5.1, 413-040-0430).
			 A physician knowledgeable in HIV care should be consulted immediately for
			 consideration of HIV post-exposure prophylaxis.
(4) The Department shall not license any
			 private child-caring agency whose admission criteria include a mandatory HIV
			 test.
(5) The Department shall not
			 contract with any service provider whose admission criteria include a mandatory
			 HIV test.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0430 - Informed Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person
			 shall submit the blood of an individual to an HIV test without first obtaining
			 informed consent or ascertaining that informed consent is obtained, consistent
			 with subsection (7) of this rule.
(2) As legal custodian and guardian of the
			 child, the Department may grant medical consent and authorize medical
			 treatment. Children 13 years of age or older should be included in this
			 planning and also consent. The Department must have a medical statement that
			 the HIV test is necessary for care and treatment before ordering or arranging
			 for a test. If the Department orders or arranges for an HIV test, informed
			 consent procedures must be followed. A minor of any age may consent to a HIV
			 test; and when the minor's consent is given, the consent of the minor's parents
			 or guardians is not necessary for diagnosis, care or treatment. However, such
			 consent must be informed consent.
(3) In all cases involving a child old enough
			 to give informed consent, the worker shall try to obtain the consent of the
			 child. However, if the physician and Department staff believe an HIV test is
			 necessary to provide information necessary for the care of the child, and that
			 child objects to the test and will not consent, the following options are
			 available:
(a) SDA Manager or designee after
			 consultation with the child's physician, may consent to the test for the child
			 over the child's objection (413-020-0150(c)(A) (iii)); or
(b) The worker may petition the court to
			 order the child to be tested.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0440 - Counseling

Current through Register Vol. 63, No. 7, July 1, 2024
A child being referred for HIV antibody testing must be
				referred for pre-and post-test counseling.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 40 - CASE MANAGEMENT - SERVICE PLANS › Section 413-040-0450 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Many Department
			 records are exempt from disclosure and are strictly confidential under the
			 public records exemptions or confidentiality status. All medical records are
			 privileged information. AIDS and/or HIV test results are specifically
			 designated highly confidential by statute (ORS
			 433.045) and Department Health
			 Administrative Rule (333-012-0270(1)-(9)) and must be held in the most strictly
			 observed confidence possible to avoid consequences of casual or inappropriate
			 disclosure of information. Information regarding a client's HIV status is to be
			 maintained in a locked file separate from the case.
(2) In order to provide services to the child
			 and to administer Department's child welfare services, Department staff may
			 inform only those directly involved in case planning and who have a need to
			 know, that a child or an adult who has a significant role in the child's plan,
			 has AIDS or is HIV positive. The identification of who has a need to know in
			 order to adequately meet the needs of the child shall be determined through a
			 staffing which includes the worker, supervisor and Department central office
			 (Personal Care Coordinator) representative, and should include input from the
			 physician, county Health Department who ordered the test, or the HIV Program of
			 the Department's Health Policy cluster.
(3) For children receiving services under a
			 Voluntary Custody Agreement (CF 1005) or a Voluntary Placement Agreement (CF
			 499), the responsible parent(s) shall always be involved in making medical
			 decisions for the child, and have access to medical information.
(4) Each person who subsequently gains access
			 to this information must keep it in strictest confidence (ORS
			 433.045(3)).
			 The worker shall advise all persons who have access to the medical information
			 of their duty to safeguard the confidential nature of the
			 information.
(5) If the Department
			 learns from any source that a child is HIV positive, the above procedures must
			 be followed.
(6) Pursuant to Health
			 cluster Rule 333-012-0270, if the Department possesses information that an
			 adult client or other person associated with a case if HIV positive, this does
			 not confer the right to disclose the information, except as permitted by Oregon
			 law.
(7) If disclosure of HIV
			 information is deemed necessary for planning in the context of a court hearing,
			 the worker shall not disclose the status in open court without either the
			 written consent of the infected persons or a court order.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to describe the special medical
				services provided by the Department of Human Services (DHS).
Stat. Auth.: HB 2004
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative
			 Exams": DHS uses the DMAP definition for Administrative Medical Examinations
			 and Reports found in OAR 410-120-0000  which is: "Examinations, evaluations, and
			 reports, including copies of medical records, requested on the
DMAP
			 729
form through the local DHS office or requested and/or approved by
			 DMAP to establish client eligibility for a medical assistance program or for
			 casework planning."
(2) "Other
			 Medical Expenditure": Any payment to a licensed medical provider for a service
			 provided to a person in the household who is not eligible or potentially
			 eligible for Title XIX or GA (General Assistance), or for a certain service
			 provided to an eligible Title XIX or GA client which is not covered under
			 Administrative Exams using the Medical Service Authorization and Invoice form,
CF 501A
.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0410 - Payment for Medical Services for Administrative Exams and Other Medical

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Medical
			 expenditures can be authorized from "Administrative Exams" or from "Other
			 Medical." In addition, for cases designated permanent planning, the Adoption
			 Services Unit may authorize payment of certain medical services. See OAR
			 413-050-0450  below.
(2)
			 "Administrative Exams" and "Other Medical" expenditures must be authorized by
			 the local DHS manager or designee prior to the medical service. (Emergency
			 appointments excepted).
(3) Payment
			 for "Administrative Exams" and "Other Medical" expenditures will be made only
			 to medical service providers who are both licensed in their state and enrolled
			 with the Division of Medical Assistance Programs (DMAP) for participation in
			 the Medicaid Program (Title XIX). Such providers must have an assigned active
			 provider number from DMAP to receive payment for their services. (See exception
			 procedures for unlicensed or non-registered consultants or trainers in CAF
			 Policy I-C.4.2.1(6)).
(4) Payment
			 for "Administrative Exams" and "Other Medical" expenditures will be at the
			 current published DMAP rate for the procedure code billed.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0420 - Administrative Exams Payments

Current through Register Vol. 63, No. 7, July 1, 2024
"Administrative Exams" are provided to children in DHS's care
				and custody who are eligible or potentially eligible for Title XIX or GA
				(General Assistance). "Administrative Exams" are also provided to parents or
				other adults identified on the Face Sheet in the child's case record. Parents
				or adults must be Medicaid or GA eligible and have medical coverage through the
				Oregon Health Plan on the date of service. Expenditures are federally matchable
				and will be paid through DMAP. An "Administrative Exam" expenditure includes
				any payment to a medical provider for a physical examination,
				psychological/psychiatric evaluation, or copies of medical records in
				connection with:
(1) Protective
			 Service assessments when medical treatment or examination is necessary to
			 evaluate and plan for child safety as per I-B.2.2(6)(a)-(f). "Administrative
			 Exam" payments may be authorized regardless of whether placement is made;
			 or
(2) Casework planning for Title
			 XIX or GA eligible children in substitute care; or
(3) Evaluation and/or testing for children in
			 their own home to determine if out-of-home placement is an appropriate case
			 plan. "Administrative Exam" payments may be authorized regardless of whether
			 placement is made;
(4) Copies of
			 hospital or medical records.
(5)
			 Psychiatric or psychological evaluations of parents or other adults identified
			 in the child's case record. Parents or adults must be Medicaid or GA eligible
			 through the Oregon Health Plan.
(6)
			 Urinalysis collection and screening for children and/or parents or other adults
			 identified in the child's case record. Parents or adults must be Medicaid or GA
			 eligible through the Oregon Health Plan.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0430 - Other Medical Payments

Current through Register Vol. 63, No. 7, July 1, 2024
"Other Medical" payments are not federally matchable and are
				paid out of General Fund dollars. "Other Medical" is to be used for required
				medical services for a child in ODHS care and custody by court order or
				voluntary placement or custody agreement either in or out of substitute care,
				or parents or other adults identified in the child's case record. "Other
				Medical" is only to be used if the service is not available through Mental
				Health or DMAP as a Medicaid covered service. Payments from "Other Medical" may
				be made in the following situations:
(1) Drug and alcohol assessments for persons
			 not eligible for Title XIX or the Oregon Health Plan.
(2) A one-time emergency medical need for
			 children in the custody of the Department that have been returned home. This is
			 limited to children of low-income families not eligible for medical services
			 through the Department.
(3) Therapy
			 for Children in Substitute Care, if recommended by a licensed psychiatrist or
			 psychologist who evaluated the child, and the type of therapy and/or the
			 therapist recommended is unavailable from the local mental health clinic or
			 through the CCO in which the child is enrolled. The therapist must be enrolled
			 with DMAP or, failing that, there must be a signed contract in place prior to
			 the therapy being provided. Funding availability will be determined by the
			 District Manager or Designee (who may want to consult with the Medical
			 Assistance Resource Coordinator to determine that there are no other resources
			 available for funding).
(4) Medical
			 care for children in detention. ORS 418.034 mandates payment of the cost of
			 medical care for the child in detention, including emergency medical care, if
			 the child is in custody of the ODHS. "Medical care" means emergency medical
			 care or medical care for a medical condition that existed prior to the child's
			 being held in a juvenile detention facility or in a local correctional facility
			 or lockup.
(5) Evaluations of
			 parents when required by the Department for casework planning to determine the
			 parents' emotional stability, intellectual capacity, parenting capacity or
			 maturity. These may include medical, psychiatric, psychological evaluations or
			 drug and alcohol assessments. This does not include ongoing treatment or
			 services. Payment from "Other Medical" for the above services will not be made
			 for parents in permanent planning cases or for parents who are Medicaid
			 eligible through the Oregon Health Plan (OHP). Evaluations will be reimbursed
			 at the current established DMAP rates.
(6) Parent/child and/or sibling interaction
			 evaluations reimbursed at the current established rates.
Statutory/Other Authority: ORS 418.005 & 409.050
Statutes/Other Implemented: ORS 418.005 & Title
				  XIX