Oregon Administrative Code

413-070-0450 Disclosure Requirements for a Child or Young Adult in Substitute Care 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 emoti…

413-070-0470 Substitute Caregiver Responsibilities (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 aut…

413-070-0480 Notification Timelines for Psychotropic Medication Therapy (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 tha…

413-070-0490 Notification Content for Psychotropic Medication Therapy 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 …

413-070-0500 Purpose 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. Statutory/Other Authority: ORS 418…

413-070-0510 Obligation to Seek Legal Permanency (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 …

413-070-0512 Development and Review of the Permanency Plan and Concurrent Permanent Plan (1) When developing the permanency plan and concurrent permanent plan, the caseworker must complete all of the following actions: (a) Develop a permanency plan and a concurrent permanent plan…

413-070-0514 Use of Permanency Committee 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 guard…

413-070-0516 Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee (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 commi…

413-070-0518 Approving a Permanency Plan Prior to a Resource Being Identified (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 …

413-070-0519 Decision and Notice (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…

413-070-0520 Purpose 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. Statutory/Other Authority: ORS 418.005 Statutes/Other Impl…

413-070-0532 APPLA 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 y…

413-070-0536 Consideration of APPLA as a Permanency Plan (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 o…

413-070-0540 Determination of APPLA as a Permanency Plan (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, w…

413-070-0550 Approval and Implementation of an APPLA Permanency Plan (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 C…

413-070-0551 Contents of an APPLA Case Plan (1) When APPLA is the permanency plan for a child or young adult, the caseworker must address each of the following in the case plan of the child or young adult: (a) Family composition, which includes the identifying information of each…

413-070-0552 Ongoing Department Responsibilities When APPLA is the Permanency Plan (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…

413-070-0556 APPLA Permanency Plan Reviews (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 t…

413-070-0565 Termination of APPLA (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 Co…

413-070-0570 Purpose 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 …

413-070-0574 Special Immigrant Juvenile Status (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 h…

413-070-0600 Purpose 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…

413-070-0625 Identifying and Assessing the Child or Young Adult's Needs when Placement in Substitute Care is Required (1) To select a substitute care placement that will meet the safety, permanency, and well-being needs of the child or young adult, the caseworker must: (a) Involv…

413-070-0630 Monitoring the Ongoing Substitute Care Placement Needs of the Child or Young Adult (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 placem…

413-070-0640 Placement Assessment and Matching (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) Wi…

413-070-0645 Involving the Substitute Caregiver in the Concurrent Permanency Plan 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 sa…

413-070-0655 Purpose 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…

413-070-0660 Consideration of Guardianship as a Permanency Plan (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 Dep…

413-070-0665 Consideration of a Substitute Caregiver as a Potential Guardian (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 …

413-070-0668 Establishing a Relative Guardianship for a Child who will Remain Placed with a Substitute Caregiver who is not the Relative Guardian (1) A Central Office Guardianship Committee must be scheduled when a caseworker recommends a change in the permanency plan to guardian…

413-070-0670 Approval and Implementation of a Guardianship Permanency Plan (1) Subject to OAR 413-070-0518, when the Department is considering a change in a child's permanency plan, the Department makes the determination pursuant to OAR 413-070-0500 to 413-070-0519, and the child…

413-070-0800 Purpose The purpose of OAR 413-070-0800 to 413-070-0880 is to describe the Department's responsibilities in arranging frequent contact between the child or young adult in substitute care and parents or guardians of the child or young adult, siblings, and other people…

413-070-0830 Visitation Rights (1) The child or young adult, a parent or guardian, and each sibling have the right to visit one another while the child or young adult is in substitute care. The child or young adult, the parent or guardian, and each sibling have the right to visit…

413-070-0840 Orientation Activities Prior to the first contact and after each revision of the visit and contact plan developed under OAR 413-070-0860, the Department must explain the following to the family, substitute caregiver, and the child or young adult, unless it is not app…

413-070-0855 Determining Priority in Visit and Contact Plans (1) Unless the court has entered an order regarding visitation by the parents, guardians, siblings, or grandparents of the child or young adult, the caseworker determines a hierarchy of the attachments of the child or y…

413-070-0860 Visit and Contact Plans (1) The visit and contact plan. (a) The caseworker must create a visit and contact plan that ensures child or young adult safety. (b) The visit and contact plan must be created when the child or young adult first enters substitute care or at t…

413-070-0870 Supervision of Visits (1) If supervision of visits is necessary to protect the child or young adult from harm, manage child or young adult safety, or provide therapeutic intervention, the visit and contact plan must state the reason for the supervision. (2) When dele…

413-070-0880 Documentation of Contact (1) When Department staff supervise a visit, the following information must be documented in the Department’s electronic information system: (a) The date, location, and length of the visit; (b) Who attended the visit; (c) Activities that occu…

413-070-0900 Purpose (1) The purpose of OAR 413-070-0900 to 413-070-0974 is to describe Department criteria for eligibility and receipt of guardianship assistance for: (a) A child in the care or custody of the Department or a participating tribe; (b) A young adult on whose behalf…

413-070-0905 Funding of Guardianship Assistance (1) When grandparents or other approved relatives make a permanent commitment to and assume legal guardianship of a child for whom they have cared as a substitute caregiver, the Department provides guardianship assistance as describ…

413-070-0917 Eligibility for Guardianship Assistance (1) To be eligible for Title IV-E guardianship assistance, a child must meet all of the following: (a) Be a United States citizen or qualified non-citizen as described in OAR 413-100-0210 and in 8 USC section 1641(b) or (c). (b…

413-070-0918 Extension of Guardianship Assistance for a Young Adult The Department may approve an extension of a guardianship assistance agreement for an individual under the age of 21 when the individual meets the following criteria: (1) An initial guardianship assistance agreem…

413-070-0919 Eligibility for a Child or Young Adult in the Care or Custody of a Participating Tribe (1) In addition to guardianship assistance program criteria in OAR 413-070-0900 to 413-070-0974, the following requirements apply to a child in the care or custody of a participati…

413-070-0925 Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian (1) The Department may approve a potential guardian for guardianship assistance when the potential guardian; (a) Meets the requirements of OAR 413-070-0665(2); and (b) Agrees to e…

413-070-0934 Application Requirements (1) Except as described in subsections (a) and (b) of this section, the Adoption Assistance and Guardianship Assistance Unit must begin negotiation of the guardianship assistance agreement no later than 60 calendar days after receipt of the c…

413-070-0939 Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses (1) When a guardianship assistance payment or medical assistance is not being provided, a potential guardian, guardian or successor legal guardian may enter into a guardiansh…

413-070-0944 Legal Expenses of a Guardian The Department may not authorize payment for legal services provided: (1) For the potential guardian, guardian, or successor legal guardian in connection with a contested case hearing; or (2) To defend or retain a guardianship upon challe…

413-070-0949 Guardianship Assistance Agreement Requirements (1) Before a guardian may receive guardianship assistance, there must be a negotiated written guardianship assistance agreement between the Department and the potential guardian or guardian signed by all parties prior to…

413-070-0959 Court Order of Guardianship (1) Except for guardianships established pursuant to OAR 413-070-0917(5), guardianship assistance may only be provided for a legal guardianship established under ORS 419B.365 or ORS 419B.366, as provided under ORS 419B.367 to 419B.369, or …