Oregon Administrative Code

413-070-0964 Required Reports and Communication (1) A guardian receiving guardianship assistance must immediately report, orally or in writing, to the Adoption Assistance and Guardianship Assistance Unit any changes in circumstances of the child or young adult or guardian that ma…

413-070-0969 Renegotiation of a Guardianship Assistance Agreement (1) A potential guardian or guardian may request that the Department consider renegotiation of the guardianship assistance agreement. The request for renegotiation must: (a) Be in writing in a format provided by th…

413-070-0970 Guardianship Social Support Services The guardian or child in an assisted guardianship may request family support services from the Department as described in OAR 413-030-0000 to 413-030-0030. Statutory/Other Authority: ORS 411.141 & 418.005 Statutes/Other Implemente…

413-070-0974 Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance (1) The Department may review a guardianship assistance agreement when the Department: (a) Receives information indicating that the child or young adult may no longer be eligible f…

413-070-0990 Purpose The purpose of OAR 413-070-0990 to 413-070-1060 is to describe the responsibilities of the Department to determine the appropriate use of placement with a fit and willing relative as a permanency plan for a child or young adult in the care or custody of the D…

413-070-1000 Placement with a Fit and Willing Relative as a Permanency Plan (1) Placement with a fit and willing relative is a permanency plan for a child or young adult in the care and custody of the Department. (2) The Department may consider placement with a fit and willing re…

413-070-1010 Eligibility Requirements for a Fit and Willing Relative To be eligible for consideration as a fit and willing relative, a person must: (1) Meet the definition of relative; or (2) Meet the definition of a person with a caregiver relationship under ORS 419B.116(1) for …

413-070-1020 Approval and Implementation of a Fit and Willing Relative Permanency Plan (1) Subject to OAR 413-070-0518, 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 413-070-050…

413-070-1030 Contents of a Placement with a Fit and Willing Relative Case Plan (1) When a child or young adult’s permanency plan is placement with a fit and willing relative, the caseworker must address each of the following in the child or young adult's case plan: (a) Family com…

413-070-1040 Ongoing Department Responsibilities When Placement with a Fit and Willing Relative is the Permanency Plan (1) When placement with a fit and willing relative is the court-approved permanency plan for a child or young adult in the legal custody of the Department, the c…

413-070-1050 Placement with a Fit and Willing Relative Permanency Plan Reviews (1) The caseworker must review the placement with a fit and willing relative case plan at least every six months and the review must occur prior to a review by the court or citizen review board as requ…

413-070-1060 Termination of Placement with a Fit and Willing Relative Permanency Plan (1) The placement with a fit and willing relative plan must be terminated when: (a) Court wardship is terminated; (b) The court relieves the Department of legal custody of the child or young adu…

413-070-1070 Purpose The purpose of OAR 413-070-1070 to 413-070-1090 is to describe the requirements and responsibilities of the Department when placing a child or young adult who is in the care or custody of the Department in a congregate care residential setting. Statutory/Othe…

413-070-1080 Placement of a Child or Young Adult in a Congregate Care Residential Setting (1) The Department may only place a child or young adult who is in the care or custody of the Department in a congregate care residential setting if the setting is: (a) A child-caring agency…

413-070-1090 Placement of a Child or Young Adult in a Qualified Residential Treatment Program (QRTP) (1) The Department must assemble a family and permanency team for each child or young adult the Department places in a QRTP. (a) A meeting of the family and permanency team is hel…

413-080-0040 Monthly Contact and Monitoring Child and Young Adult Safety The purpose of these rules, OAR 413-080-0040 to 413-080-0067, is to describe the responsibilities of the Department regarding: (1) Monthly contact; (2) Monitoring the safety, permanency, and well-being needs…

413-080-0050 Definitions Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 080: (1) "Abuse" means as defined in OAR 413-015-0115(1). (2) "Certified family" means an individual or individuals who hold a current Certificate of Appr…

413-080-0051 Addressing Safety Threats and Reports of Abuse on an Open Case (1) Safety Threat on an Open Case. (a) If Department staff determine a child or young adult is unsafe due to a present danger safety threat as described in OAR 413-015-0425(1) on a case opened under OAR 4…

413-080-0052 Responding to a Concern in a Child-Caring Agency or Proctor Foster Home When Department staff become aware of a concern involving a child-caring agency or proctor foster home, staff must immediately: (1) Report to Department personnel assigned to ensure notifications…

413-080-0053 When a Child or Young Adult in Substitute Care Is Missing (1) When a caseworker receives information that a child or young adult in substitute care is missing, the caseworker must: (a) Make immediate efforts to locate the child or young adult; (b) Ensure law enforcem…

413-080-0054 Monthly Face-to-Face Contact Requirements (1) A child or young adult in a child welfare case. (a) Except as provided in section (2) of this rule, monthly face-to-face contact with a child or young adult in a child welfare case must be made by one of the following Dep…

413-080-0055 Monitoring an In-home Ongoing Safety Plan (1) To manage an in-home ongoing safety plan and monitor the child's safety when the child is in the home of the parent or guardian, Department staff must contact the following individuals, as described below: (a) Face-to-fac…

413-080-0059 Monitoring the Out-of-Home Ongoing Safety Plan (1) To manage an out-of-home ongoing safety plan, the caseworker must have monthly contact with the following individuals: (a) Face-to-face contact with the child or young adult, or review the documentation of the contac…

413-080-0062 Sex Trafficking Victim Identification When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the caseworker must determine whether a child or young adult is, or is at risk of being, a victim of sex t…

413-080-0065 Substance Affected Infant When a child on an open case is identified as a substance affected infant, the caseworker must: (1) Ensure a plan of care is developed; (2) Ensure the substance affected infant and family are referred to services identified in the plan of ca…

413-080-0067 Contact Requirements and Exceptions; Required Face-to-Face Contact (1) The Department may make scheduled or unscheduled face-to-face contacts with the child or young adult, parent, guardian, certified family, or provider. (2) The caseworker's supervisor may approve D…

413-090-0000 Definitions Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 413, division 90: (1) "Absent day" means a calendar day that: (a) The BRS client (see OAR 410-170-0020) is enrolled in but not physically present in the progra…

413-090-0005 Purpose The purpose of OAR 413-090-0005 to 413-090-0050 is to describe the responsibilities of the Department for payment of the following costs on behalf of a child or young adult. (1) A foster care maintenance payment to a Resource Parent or Relative Resource Paren…

413-090-0010 Authorized Payments (1) Family Foster Care. (a) Shelter care payment. The Department reimburses a certified family a shelter care payment on behalf of a child or young adult during the first 20 days of substitute care in a certified family home after the Department h…

413-090-0021 Periodic Review of Eligibility for Level of Care Payments (1) When the Department conducts a CANS screening for a child or young adult in substitute care under subsection (1)(b) of OAR 413-020-0230 and the results indicate the child or young adult's level of care has…

413-090-0030 Payment for Temporary Absences from Family Foster Care (1) The Department may continue the base rate payment and any level of care payment to the certified family during a child or young adult's temporary absence from the home for 14 days or less, when: (a) The plan …

413-090-0040 Payments During Adoptive Supervision When a child is free for adoption and placed in an approved or certified family's home designated by the Department's Adoption Program Manager as the child's pre-adoptive family, the Department pays base rate payment and any level…

413-090-0050 Out-of-State Payment to a Certified Family Moving to Another State (1) A certified family who receives Department approval to move out-of-state with a child or young adult who the Department has placed in the home may continue to receive base rate and level of care f…

413-090-0051 Department Review of Foster Care Payment Rates The Department shall review the established foster care payment rates every two years in conjunction with the Department budget preparation processes for submission of the Agency Request Budget to the Governor. The purpo…

413-090-0100 Purpose The purpose of these rules, OAR 413-090-0100 to 413-090-0210, is to describe the requirements for eligibility and receipt of personal care services when a child or young adult is placed with a foster parent or relative caregiver by the Department. Statutory/O…

413-090-0110 Definitions Definitions for OAR 413-090-0100 to 413-090-0210 are in 413-090-0000. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2015, f. & cert. ef. 1-1-15…

413-090-0120 Scope of Services (1) Personal care services are provided directly to the eligible child or young adult and do not include respite or other services, nor are they implemented for the purpose of benefiting others in the household or the household in general. (2) Perso…

413-090-0130 Personal Care Services Eligibility To receive personal care services while living with a certified family, a child or young adult in the care or custody of the Department must: (1) Be eligible to receive medical services funded through either Title XIX of the Social …

413-090-0133 Conducting a Personal Care Services Assessment (1) When a child or young adult with a diagnosed physical or mental impairment appears to require personal care services and the caseworker becomes aware of the apparent need for personal care services, the caseworker mu…

413-090-0135 Provider Eligibility (1) Personal care services may be provided only by a qualified provider. (2) The contract registered nurse or the Personal Care Nurse Coordinator may authorize a qualified provider to provide personal care services to a child or young adult in th…

413-090-0136 Developing the Personal Care Services Plan (1) After conducting the personal care services assessment when it has been determined that a child or young adult is eligible for personal care services, the contract registered nurse or Personal Care Nurse Coordinator must…

413-090-0140 Periodic Review of Personal Care Services Eligibility (1) A child or young adult's eligibility for personal care services must be reviewed annually from the initial date of the personal care services plan, unless an earlier date for reassessment has been approved in …

413-090-0150 Payment Determination (1) Payment for the personal care services identified in the personal care services plan is based on the eligible child or young adult's personal care services at a level of personal care payment that corresponds to the needs identified in the p…

413-090-0210 Termination of Personal Care Services and Payments (1) Personal care services provided to a child or young adult are terminated when the child or young adult no longer meets the eligibility requirements under OAR 413-090-0130 or the child or young adult moves. (2) Pe…

413-090-0300 Purpose The purpose of OAR 413-090-0300 to 413-090-0380 is to describe how payments for special and/or extraordinary needs may be used to benefit a child or young adult in the custody of the Department in foster care, family and professional shelter care, residential…

413-090-0310 Definition Definitions for OAR 413-090-0300 to 413-090-0380 are in OAR 413-090-0000. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2006, f. & cert. ef. 2-1-06 CWP 10-2003, f. & cert. e…

413-090-0330 Clothing (1) The Department must make certain that clothing needs of children and young adults going into or placed in substitute care, such as a residential facility, paid or unpaid placement or relative care placement are met. Both staff and contracted providers mu…

413-090-0340 Transportation The agency may pay for non medical transportation not to exceed current Department mileage rates paid to Department staff. Reasonable travel to the child's home for visitation is a Title IV E allowable expense. All other transportation expenses are bil…

413-090-0355 Payments Eligible for Title IV-E (1) Title IV-E allowable clothing expenses are based upon a consideration of what is necessary or required. For example, Title IV-E can be claimed if a child is required to have certain supplies for a specific school class project. Ti…

413-090-0365 Education Costs Not Eligible for Title IV-E (1) Basic school costs are to be paid by local school districts. (2) The Department‘s maximum payments for educational cost are outlined in I-E.5.2 Information Letter. (3) The educational costs on the list below are not Tit…