Oregon Administrative Code

413-020-0090 Termination of Voluntary Placement Agreement (1) Either the Department or a parent, guardian, Indian custodian or young adult who signed the applicable Voluntary Placement Agreement may terminate the agreement by providing 48 hours written notice. If applicable, the …

413-020-0100 Purpose The purpose of OAR 413-020-0100 through 413-020-0170 is to: (1) Define the Department’s authority as guardian and legal custodian of children in its care or in the care of its agents; (2) Specify how that authority will be exercised by the Department and its …

413-020-0120 Responsibility of Staff to Secure a Legal Consent When the legal consent is needed from a young adult or the parent, guardian, or Indian custodian for a child in the care and custody of the Department, the caseworker shall secure the consent of the person authorized …

413-020-0130 Department Authority in Voluntary Placement and Voluntary Custody Agreements (1) When a parent, guardian, or Indian custodian of a child authorizes a voluntary placement with the Department, the parent, guardian, or Indian custodian remains guardian of the child and …

413-020-0140 Exercise and Delegation of Legal Authority (1) When the Department has legal custody of a child through a Voluntary Custody Agreement, a court order, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff and through…

413-020-0150 Exercise and Delegation of Guardian Authority (1) When the Department has legal custody of a child or young adult through a court order in which the Department has specifically been given guardianship, or a Release and Surrender Agreement, the Department will exercis…

413-020-0160 Actions Not Authorized (1) A Department employee may not consent to educational planning which is defined as the responsibility of a parent or surrogate parent (see OAR 581-015-2000). (2) A Department employee or agent may not exercise the Department’s authority to g…

413-020-0170 General Provisions (1) The Department acknowledges the right of a minor 15 years of age or older to consent to hospital care, medical and surgical diagnosis, or treatment without the consent of the parent, guardian, or Indian custodian see ORS 109.640). (2) The Depar…

413-020-0200 Purpose The purpose of OAR 413-020-0200 to 413-020-0255, is to describe the responsibilities of the Department to: (1) Identify the supervision needs of a child or young adult in substitute care with a certified family; (2) Develop a supervision plan describing the a…

413-020-0230 Referral for and Review of the CANS Screening (1) The Department must complete a CANS screening referral for a child or young adult in its legal custody: (a) Within the first 21 days of a child's initial placement in substitute care with a certified family; (b) When …

413-020-0233 When a Supervision Plan is Required (1) The caseworker must develop a supervision plan with the certified family with whom the child or young adult lives within 30 days of: (a) The receipt of the CANS screening results that indicates enhanced supervision is necessary…

413-020-0236 Development, Documentation, and Termination of a Supervision Plan (1) After the caseworker has reviewed the CANS screening results for a child or young adult living with a certified family that indicates the child or young adult has enhanced supervision needs and qua…

413-020-0245 Responsibilities in Monitoring a Child or Young Adult's Supervision in a Certified Family (1) During each monthly face-to-face contact described in OAR 413-080-0054, in addition to assessing the safety of the child or young adult, Department staff must determine: (a)…

413-020-0600 Purpose (1) The purpose of these rules is to comply with Public Law 98-457, which requires that procedures be established within Oregon’s Child Protective Services (hereafter referred to as CPS) program to respond to reports of suspected medical neglect, including re…

413-020-0620 Policy Intake. Any person may make a report that a handicapped infant in a medical facility is not receiving adequate and necessary medical care. Reports which indicate withholding of medical treatment from disabled newborns with life-threatening conditions will be c…

413-020-0630 Preliminary Investigation (1) When a report of suspected medical neglect of a disabled infant with life-threatening conditions is received and assigned for investigation, the CPS caseworker will immediately contact a Medical Neglect Investigator for consultation and …

413-020-0640 Investigation When additional information is necessary to substantiate a conclusion to the medical neglect report, the Medical Neglect Investigator shall form a special investigative team with a consultant neonatologist from a hospital other than the one where the in…

413-020-0650 Annual Information Update Each local Child Welfare branch manager shall contact each hospital in their county and obtain the name, title, and telephone number of the designated hospital liaison who is responsible for coordination, consultation, and notification of th…

413-030-0000 Definitions The following definitions apply to OAR Chapter 413, Division 30: (1) "APPLA" means Another Planned Permanent Living Arrangement, a permanency plan for a stable secure living arrangement for a child who has reached the age of 16 or young adult that include…

413-030-0003 Purpose The purpose of OAR 413-030-0003 to 413-030-0030 is to describe the responsibilities of the Department in providing family support services, including: (1) Eligibility criteria; (2) Determination of service needs; (3) Development of the family support services…

413-030-0006 Eligibility For Family Support Services (1) A parent, guardian, Indian custodian, young adult, or former foster child may be eligible for family support services if the requirements of one of the following subsections are met: (a) A parent, guardian, or Indian custod…

413-030-0009 Determination of the Service Needs (1) Within 30 days of receiving the family support services screening information, the caseworker must determine the service needs by completing the following actions as applicable: (a) Provide the parent, guardian, Indian custodian…

413-030-0013 Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations (1) The caseworker may secure an expert evaluation of the parent, guardian, Indian custodian or child, when appropriate, to determine treatment or service needs or to assist in assessing c…

413-030-0016 Requirements for the Family Support Services Case Plan (1) The caseworker must analyze the information gathered during the determination of service needs to develop a family support services case plan. The family support services case plan must include all of the fol…

413-030-0019 Developing Service Agreements (1) The caseworker may develop a Service Agreement with a parent, guardian, Indian Custodian, young adult, or former foster child with a family support services case plan. The Service Agreement is a time-limited agreement that documents …

413-030-0023 Contact and Monitoring Requirements for a Family Support Services Case Plan (1) The caseworker must monitor the family support services case plan and terminate Department involvement in a timely manner. (2) The caseworker is responsible for all of the following actio…

413-030-0026 Family Support Services Case Plan Review (1) The family support services case plan must be reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents, guardians, Indian custodian, young adult, or former foster child. T…

413-030-0030 Closing a Family Support Services Case Plan The caseworker closes a family support services case plan when: (1) The parent, guardian, Indian custodian, young adult, former foster child, or the Department indicates the service objectives have been achieved; (2) The pa…

413-030-0200 Purpose (1) The purpose of OAR 413-030-0200 to 413-030-0220 is to emphasize that the child’s safety is the paramount concern in determining substitute care eligibility. (2) The Department is responsible for determining if a child in the legal custody of the Departmen…

413-030-0210 Eligibility Criteria for Substitute Care Placement For a child to be eligible for initial and continuing substitute care, the Department must meet the following criteria: (1) Legal Basis. The Department must have a current legal basis for placement: (a) Temporary cus…

413-030-0220 Eligibility for Substitute Care After Age 18 (1) A young adult continues to be eligible for substitute care until the young adult turns 21 years of age if the young adult has met the criteria in OAR 413-030-0210 and this rule or if the young adult has entered into a …

413-030-0300 Purpose The purpose of OAR 413-030-0300 to 413-030-0320 is to describe the eligibility criteria for the program classification of adoption. The adoption program classification is used to describe the services provided to a child placed in an approved adoptive home fo…

413-030-0310 Eligibility for Adoption Program To be eligible for the program classification of adoption, a child must be in a living situation that is officially considered an adoptive placement. The following are considered eligible for the program classification: (1) Children f…

413-030-0320 Eligibility for the Adoption Program Classification Ends Eligibility for the adoption program classification ends when: (1) SOSCF gives consent for adoption of a child in SOSCF's permanent custody, and the adoption is legalized; (2) The child is removed from an appro…

413-030-0400 Purpose The purpose of OAR 413-030-0400 to 413-030-0460 is to describe the responsibilities of the Department for comprehensive transition planning to support all children, young adults and former foster children who have experienced foster care at age 14 or older in…

413-030-0410 Eligibility for Youth Transition Services (1) Life skills training. A child, young adult or former foster child must meet the following eligibility criteria for life skills training: (a) Be a child 14 years of age or older or a young adult who is in substitute care t…

413-030-0430 Youth Transition Services Array The range of services available through the Department to an eligible child, young adult or former foster child transitioning to independent living includes: (1) Skill building services, which may include the following: (a) Instruction…

413-030-0445 Development of the Comprehensive Transition Plan (1) Development of the comprehensive transition plan. The Department must initiate the development of the comprehensive transition plan for a: (a) Child 14 years of age or older and in substitute care or a young adult;…

413-030-0449 Review of the Comprehensive Transition Plan (1) The caseworker must monitor the implementation of the comprehensive transition plan and make reasonable efforts to ensure timely and appropriate services identified in the comprehensive transition plan are made availabl…

413-030-0454 Benchmark Review of the Comprehensive Transition Plan (1) For a child with a comprehensive transition plan the caseworker must convene a meeting for the purpose of a benchmark review of the comprehensive transition plan six months prior to the child reaching 18 years…

413-030-0456 Health Care Notifications, Credit Reports, and Data Tracking (1) The Department must notify any child or young adult over 17 years, six months of age in the care or custody of the Department of the following information regarding health care treatment: (a) The import…

413-030-0460 Requirements at Independence (1) At least 60 days prior to the date on which the Department is requesting relief of legal custody of a child or young adult reaching independence, the Department must inform the child or young adult of: (a) The date, time, and location…

413-040-0000 Definitions Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 413, division 040: (1) "AAICPC" means the Association of Administrators of the Interstate Compact on the Placement of Children, which is the national professio…

413-040-0005 Purpose The purpose of OAR 413-040-0000 to 413-040-0032 is to describe the activities required to: (1) Complete a protective capacity assessment; (2) Use the Family Engagement Meeting; (3) Develop a case plan; (4) Develop an action agreement; (5) Monitor the case pla…

413-040-0006 Requirements for the Conditions for Return and the Protective Capacity Assessment (1) The caseworker must determine conditions for return during the development of the ongoing safety plan. (2) The conditions for return are documented in the ongoing safety plan and th…

413-040-0008 Requirements for a Family Engagement Meeting (1) When the child has been placed in substitute care or the Department is working a cooperative in-home plan for more than 30 days, the Department must schedule an FEM. The meeting is scheduled between the 30th and 60th d…

413-040-0010 Requirements for the Case Plan (1) The caseworker must analyze the information gathered during the protective capacity assessment to develop a case plan. The case plan must include all of the following information: (a) Family composition, which includes the informati…

413-040-0011 Requirements of Action Agreements (1) The Department develops a time-limited action agreement in conjunction with the case plan. If sufficient resources are available, the action agreement must use culturally appropriate services and service providers whose intervent…

413-040-0014 Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management (1) A caseworker may replace an identified impending danger safety threat or add a new impending danger safety threat to an ongoing safety plan during ongoing case management. (a) A ca…

413-040-0016 Requirements for Review of the Case Plan (1) The case plan is reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents or guardians, unless excluded under section (3) of this rule. The meeting may include the child a…