Oregon Administrative Code

413-050-0635 Choice of Provider Children and young adults have the following service provider choices: (1) Provision of any TCM services does not restrict a child or young adult’s choice of providers, in accordance with 42 CFR 441.18 (a). (2) Subject to the Social Security Act, 4…

413-053-0000 Definitions (1) "Child" means a person who: (a) Is under 18 years of age; or (b) Is under 21 years of age and residing in or receiving care or services at a child-caring agency or proctor foster home. (2) "Child protective services" (CPS) means a specialized social s…

413-053-0010 History and Purpose (1) In 2011, the Oregon Legislature created requirements for Strengthening, Preserving and Reunifying Families programs. These directives are codified in ORS 418.580 to 418.598. The goals of the programs are to: (a) Reduce the number of children e…

413-053-0020 Eligibility Criteria (1) During a CPS assessment, if a present danger safety threat or impending danger safety threat has not been identified, a family is eligible to receive only the following SPRF service types: (a) Front-end intervention. (b) Navigator. (2) In an …

413-053-0030 Referral for a SPRF Service To receive SPRF services, the Department must submit to the provider: (1) A written service referral approved by a supervisor; and (2) A completed DHS form 2099. Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598 Statutes/Other I…

413-053-0040 CPS Assessment Closure or Department Case Closure (1) The Department must close a SPRF service immediately when: (a) A CPS assessment closes, and a Department case is not opened pursuant to OAR 413-015-0445; (b) An other-admin only case is closed; or (c) A Department…

413-053-0050 Exception to CPS Assessment Closure: Other Admin-Only Cases (1) The only services the Department may provide for an other admin-only case are SPRF services. (2) An other admin-only case that is open after a CPS assessment may remain open for up to 90 days to provide …

413-053-0060 Outcome Measures (1) All SPRF services have client-focused functional outcome measures. (2) SPRF outcomes are delineated by service category and are in the SPRF Outcomes table, dated November 2017, which is adopted as Exhibit 1 and incorporated by reference into this…

413-053-0070 Flexible Funds for SPRF (1) Flexible funds may be negotiated as part of individual SPRF contracts. Including flexible funds in a contract is optional and based on agreement between the Department and the contractor. (2) A contractor may use flexible funds to support …

413-055-0100 Policy These rules (OAR 413-055-0100 to 413-055-0165) establish the policies of the Department of Human Services (Department) relating to the funding of sexual assault crisis centers and crisis lines authorized by ORS 409.279. This program was established to provide …

413-055-0105 Definitions As used in OAR 413-055-0100 to 413-055-0165: (1) "Crisis Center" means a location in which there are paid personnel or crisis volunteers who are trained to provide crisis services, including but not limited to intervention, peer support, information and r…

413-055-0110 Qualified Services (1) The Department uses the Sexual Assault Victims Fund to fund grants to private, non-profit agencies to support the delivery of intervention and support services to victims of sexual offenses and their families. The agencies receiving funds must …

413-055-0120 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 sexual assault. (2) A grantee must develop a written policy or procedure that governs the review of the criminal hi…

413-055-0140 Application Process The Department will conduct periodically, at least once every five years, an application process for grants from the Sexual Assault Victims Fund. The Department may conduct the application process jointly with other agencies of the State of Oregon…

413-055-0145 Proposals 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 propos…

413-055-0150 Proposal Evaluation Process Proposals are reviewed by an evaluation committee of the Department in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. The Department will approve, approve in…

413-055-0160 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…

413-055-0165 Advisory Committee The Advisory Committee on Domestic and Sexual Violence established in OAR 413-050-0530 advises the Department regarding its use of the Sexual Assault Victims Fund. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409…

413-060-0000 Purpose These rules define eligibility criteria for family planning services, describe the services to be provided, and the responsibilities SOSCF has to provide these services. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 435.205 - 435.235 Hist…

413-060-0010 Eligibility The following persons or families are eligible to receive family planning services: (1) Families who request family planning information. (2) Children who are in the legal custody and care of the State Office for Services to Children and Families. (3) Min…

413-060-0020 Family Planning Services Family planning services provided by the State Office for Services to Children and Families include: (1) Referrals to appropriate family planning resource for consultation and treatment; or (2) Counseling and information regarding avoiding un…

413-060-0030 Service Responsibility The State Office for Services to Children and Families will be responsible to: (1) Explore the need for and interest in family planning services of children who are in the legal custody of the State Office for Services to Children and Families …

413-060-0400 Purpose Child sexual offenders characteristically begin their offending behaviors in early adolescence or younger. The sooner intervention can occur in this cycle, the better the offender can be taught to control his/her deviant actions. Because the treatment methods…

413-060-0410 Definitions (1) “A.T.S.A.” means Association for the Treatment of Sex Abusers. (2) “Aversion Therapy” means behavioral therapy procedure which pairs a noxious smell with deviant sexual stimuli. (3) “Behavioral Therapy” means therapy that attempts to decrease deviant …

413-060-0420 Eligibility for Services Children under the age of 18 years, in the care, custody, and control of the State Office for Services to Children and Families, who have been adjudicated for sex offenses. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: HB 200…

413-060-0430 Assessment (1) Preliminary Assessment. Assessment for treatment planning of juveniles with sexually aggressive behaviors should proceed only after adjudication has occurred: (a) The goals of sexual offender specific treatment are: (A) To stop sexually offending behav…

413-060-0440 Treatment (1) Treatment in specialized offense-specific peer groups is the treatment of choice, and must address aggressive and exploitive behaviors. The family should be a key part of the treatment planning. The treatment is to be geared toward the chronological and…

413-070-0000 Definitions The following definitions apply to OAR chapter 413, division 70. (1) "Adoption" means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who is not already the child's legal parent a…

413-070-0010 Purpose and Applicability (1) OAR 413-070-0010 to 413-070-0030 implement the Multiethnic Placement Act of 1994, which applies to all activities of the Department and to all private child placement and adoption agencies who directly or indirectly receive federal funds…

413-070-0015 Denials or Delays of Placement Based on Race, Color or National Origin Prohibited (1) In making placement decisions, the Department and entity must be guided by the best interest of the child. Placements must be made in the context of an individualized assessment of …

413-070-0020 Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited (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 p…

413-070-0027 Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited This topic is addressed in OAR 413-070-0020. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. e…

413-070-0030 Recruitment and Staff Training (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 m…

413-070-0060 Purpose 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…

413-070-0069 Identification of Relatives and Persons with a Caregiver Relationship (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 an…

413-070-0072 Contact with and Notice to Relatives or Persons with a Caregiver Relationship (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 …

413-070-0075 Assessment of a Relative or Person with a Caregiver Relationship for Involvement in Safety Management (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…

413-070-0078 Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver (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 …

413-070-0081 Review of a Child or Young Adult's Substitute Care Placement (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…

413-070-0087 Opportunity for Ongoing Connection and Support (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 th…

413-070-0300 Purpose 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 op…

413-070-0320 Placement of Refugee Children (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 ethni…

413-070-0340 Petition 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, …

413-070-0345 Notice (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…

413-070-0350 Judicial Determination 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 …

413-070-0360 Record of Care 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…

413-070-0370 Annual Report of Care (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 ti…

413-070-0380 Refugee Child Welfare Advisory Committee (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 im…

413-070-0400 Purpose 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. S…

413-070-0430 Department Records, Medication Review, and Consent and Authorization Requirements (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" incl…