Oregon Administrative Code

413-040-0017 Requirements for Return and Reunification (1) The caseworker recommends returning the child or young adult to a parent or guardian after the caseworker has reviewed the impending danger safety threats identified in the CPS assessment that required an out-of-home ongo…

413-040-0024 Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact (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 …

413-040-0032 Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case (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 i…

413-040-0100 Purpose 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…

413-040-0130 Administrative Reviews for Title IV and ORS 419A.090 et seq. (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…

413-040-0135 Responsibility for Administrative Reviews (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 Oreg…

413-040-0140 Permanency Hearings by the Court A Permanency Hearing must be held no later than 12 months after a child was found within the jurisdiction of the court under ORS 419B.100 or 14 months after the child was placed in substitute care, whichever is the earlier, and therea…

413-040-0145 Court Notification of Placement Changes and Request for Hearing (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 gu…

413-040-0150 Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings (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…

413-040-0155 Participants in Administrative Reviews and Permanency Hearings (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…

413-040-0157 Documentation Requirements for Administrative Reviews and Permanency Hearings (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 …

413-040-0159 Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings (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 Revi…

413-040-0165 Documentation Requirements for Reports Submitted to the Court Regarding an Indian Child Who is a Ward of the Court 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 o…

413-040-0170 Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement (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, …

413-040-0200 The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose (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…

413-040-0208 Placements Subject to the ICPC; Placements Not Subject to the ICPC (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 o…

413-040-0222 Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal (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) A…

413-040-0228 Placement of Oregon Children (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 minim…

413-040-0240 Financial and Medical Responsibility (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 respons…

413-040-0248 Travel Arrangements and Reimbursement for Transportation Expenses (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…

413-040-0268 Placement of Children or Young Adults from Other States in Oregon (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 reque…

413-040-0282 Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon (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. Indepen…

413-040-0292 ICPC Case Closure (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 h…

413-040-0400 Policy 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 co…

413-040-0420 HIV Antibody Testing (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…

413-040-0430 Informed Consent (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 c…

413-040-0440 Counseling A child being referred for HIV antibody testing must be referred for pre-and post-test counseling. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 5-2003, f. & cert. ef. 1-7-03 SCF 6-1995, f. 12-22-95, cert. ef. …

413-040-0450 Confidentiality (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 designate…

413-050-0400 Purpose The purpose of these rules is to describe the special medical services provided by the Department of Human Services (DHS). Statutory/Other Authority: HB 2004 Statutes/Other Implemented: Title XIX History: SOSCF 40-2001, f. 12-31-01, cert. ef. 1-1-02 SCF 6-199…

413-050-0405 Definitions (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 t…

413-050-0410 Payment for Medical Services for Administrative Exams and Other Medical (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 paym…

413-050-0420 Administrative Exams Payments "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 o…

413-050-0430 Other Medical Payments "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 agr…

413-050-0440 Medical Services “Permanent Planning” In cases designated permanent planning, the Department will make payments for necessary evaluations of parents, stepparents and/or live-in companions. This includes psychological, psychiatric and neurological evaluations, drug an…

413-050-0450 Medical Consultation and Training for Staff (1) Consultation and training for DHS staff on health services problems will be paid upon approval of the Assistant Field Administrator or designee. The consultant or trainer is not required to be licensed or registered, no…

413-050-0500 Policy These rules (OAR 413-050-0500 to 413-050-0590) provide procedures for the Department of Human Services (Department) to fund programs from the Domestic Violence Fund. The 1981 Oregon Legislature established this fund to provide intervention on behalf of and sup…

413-050-0510 Definitions (1) "Crisis line" is defined in ORS 108.610(2) and means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral, and advocacy to victims of domestic violence and their families. (2) "D…

413-050-0515 Qualified Services The Department uses the Domestic Violence Fund to make grants to nonprofit private organizations and public agencies to fund programs and projects designed to prevent, identify, and treat domestic violence. Grants from the Domestic Violence Fund ma…

413-050-0530 Advisory Committee (1) The Domestic and Sexual Violence Fund Advisory Committee (DSVFAC) established in OAR 413-050-0530 serves as the advisory committee to the Domestic Violence Fund Program. Members are elected and serve terms in accordance with the bylaws establis…

413-050-0535 Criminal History Checks (1) A grantee must obtain a criminal history record check on each potential employee or volunteer who will work with victims of domestic violence. (2) A grantee must develop a written policy or procedure that governs the review of the criminal…

413-050-0555 Shelter Standards Grantees that provide shelter homes or shelter facilities must: (1) Comply with applicable zoning, fire, sanitary and safety regulations. (2) Post emergency instructions in English and other primary languages used in the geographic area where the sh…

413-050-0560 Allocation of Funds The Department uses an equitable distribution method for funding programs throughout the state. The distribution method must be reviewed by the Domestic and Sexual Violence Fund Advisory Committee. Statutory/Other Authority: ORS 418.005 Statutes/O…

413-050-0565 Department Selection Criteria and Rules The Department will conduct periodically, at least once every five years, an application process for grant from the Domestic Violence Fund. The Department may conduct the application process jointly with other agencies of the S…

413-050-0570 Applications for Funding To be considered for funding, a proposer must include the following minimum information in its proposal: (1) Official business name of the proposer. (2) Business address of the proposer. (3) Name of the persons authorized to represent the pro…

413-050-0575 Evaluation Process (1) An evaluation committee of the Department reviews proposals in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. Because the State of Oregon wishes to fund programs …

413-050-0585 Confidentiality (1) If a grantee keeps the location of premises used to provide services under these rules confidential, the Department will not release that information. (2) Grantees must keep all individual information relating to people served by programs operatin…

413-050-0600 Purpose These rules provide requirements for the Department and caseworkers for the Targeted Case Management Program. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019 SOS…

413-050-0610 Definitions (1) "Caseworker" means a Child Welfare employee assigned primary responsibility for a child or young adult served by Child Welfare. (2) "Child " means a person under 18 years of age. (3) "Department" means the Oregon Department of Human Services. (4) “Eli…

413-050-0625 Target Population To be eligible for Targeted Case Management services, a child or young adult in the care and custody of the Department must meet the following criteria: (1) Be under age 21; (2) Be Medicaid eligible; (3) Reside in an in-home setting, foster home, gr…

413-050-0630 Targeted Case Management Assessment and Service Categories (1) Targeted Case Management services include: (a) Comprehensive TCM assessment and at a minimum an annual reassessment of individual needs. These assessment activities may include: (A) Documenting the child …