Oregon Administrative Code

413-105-0000 Purpose The purpose of these rules, OAR 413-105-0000 to 413-105-0090, is to describe the activities required to: (1) Ensure that regular education and special education services are provided to promote academic achievement of a child or young adult in the care and cu…

413-105-0010 Definitions Unless the context dictates otherwise, the following definitions apply to OAR chapter 413 division 105. (1) “504 Plan” means a plan created pursuant to Section 504 of the Rehabilitation Act of 1973, which ensures that a child who is legally disabled and i…

413-105-0020 Role of the Department in the Education of a Child or Young Adult (1) The Department promotes the academic achievement of a child or young adult by participating as a member of the team that performs the academic planning and goal setting for the child or young adult…

413-105-0030 Ensure a Child or Young Adult's Enrollment in School or Educational Setting (1) A child or young adult in substitute care is required to be enrolled in school pursuant to ORS 339.010 and 339.020 unless: (a) A child or young adult has achieved high school graduation; …

413-105-0040 Consent for School Activities Once the Department has determined the child's or young adult's school or educational setting, the substitute caregiver may give permission for the child or young adult to attend school-related activities such as, but not limited to, sch…

413-105-0050 Consent for Special Education Services (1) When a child or young adult is in the care and custody of the Department, and there is reason to believe the child or young adult has a disability under the Individuals with Disabilities Education Act, 20 USC §§ 1400 et seq.…

413-105-0060 The Office of Child Welfare Programs' Access to a Child's Education Records (1) Accessing a student's education records when the Department has custody of a student. (a) OCWP has authority to access a student's education records when it has legal custody of a student…

413-105-0070 Educational Expenses (1) The Department may authorize payment for some allowable school costs other than transportation if sufficient funds are available and the school district does not cover the expense. Authorization for these expenses is outlined in OAR 413-090-0…

413-105-0080 Early Education and Post-Secondary Education (1) The caseworker must ensure that an eligible child in the care or custody of the Department has the same access to public preschool education and early intervention education programs as eligible children not in the car…

413-105-0090 Minimum Credits Required to Obtain a Diploma If at any time from grade nine to 12 a child or young adult was a foster child, as defined in ORS 30.297, the child or young adult cannot be required to complete more than the minimum state credit requirements specified in…

413-110-0000 Definitions The following definitions apply to OAR chapter 413, division 110. (1) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child …

413-110-0010 Purpose A child in the legal custody of the Department for whom the Department has determined that adoption is an appropriate permanency plan and who is in the process of being freed for adoption may be placed in an approved adoptive home with the understanding that …

413-110-0015 Values (1) Any child whose parent or parents are unable to provide a safe and healthy home for the child should be assured the opportunity to become a valued and permanent member of another safe family that understands and responds to the child's needs. (2) Early ide…

413-110-0020 Eligibility Criteria for Legal Risk Placement A child may be placed in a legal risk placement when all of the following conditions have been met: (1) The child is a ward of the court and is in substitute care and the Department has determined that adoption is an appr…

413-110-0030 Legal Risk Placement; Effective Date of Designation (1) The designation date of the child’s current caretaker home as a legal risk placement is the date the Department’s Adoption Services Unit accepts all required documents. (2) The designation date of the child’s se…

413-110-0040 Home Requirements (1) The home in which the legal risk placement will be made must be studied and approved as an adoptive home in accordance with OAR 413-120-0190 to 413-120-0246 or, in the case of an out-of-state placement, with OAR 413-040-0200 to 413-040-0330. The…

413-110-0050 Effect on a Release and Surrender A Legal Risk Placement shall be considered a placement for the “purpose of adoption” in accordance with ORS 418.270, subsection (4), which specifies when a release and surrender given by a parent or guardian shall be considered irrev…

413-110-0060 Termination of Legal Risk Placement Status When the child is legally free to be adopted, the Central Office Adoption Services Unit will change the child's placement status from Legal Risk Placement to Adoptive Placement. Statutory/Other Authority: ORS 418.005(1)(a) S…

413-110-0100 Purpose The purpose of OAR 413-110-0100 to 413-110-0150 is to describe the Department's case planning responsibility to maintain and support lifelong sibling relationships for a child in the legal custody of the Department whose permanency plan is adoption. Statutory…

413-110-0130 Consideration of Sibling Placement (1) The Department's first priorities for placement of a child in the legal custody of the Department are placement with relatives and placing siblings together. (2) When any child in the legal custody of the Department is separated…

413-110-0132 Consideration of Sibling Separation (1) A permanency committee is used to consider the permanent separation of siblings in the legal custody of the Department through adoption, unless an adoptive resource has been selected for one or more siblings. (2) The permanency…

413-110-0150 Sibling Placement and Permanency Planning (1) When separation of siblings has occurred as a result of a Department action or decision pursuant to OAR 413-070-0519, the Department's efforts to identify and recruit a potential adoptive resource must include recruitment…

413-110-0200 Purpose OAR 413-110-0200 to 413-110-0220 describes the Department's requirements and considerations in deciding whether to initiate a termination of parental rights proceeding. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.0…

413-110-0210 Initiation of a Termination of Parental Rights Proceeding The Department must initiate a termination of parental rights proceeding to legally free a child for the purpose of adoption only when: (1) The Department has determined that adoption is the most appropriate p…

413-110-0220 Considerations for Decision Whether to Initiate a Termination of Parental Rights Proceeding (1) In deciding whether it is appropriate to file petitions to terminate parental rights the caseworker and supervisor, in consultation with the Assistant Attorney General and…

413-110-0230 Permanency Plan Review DHS shall review the permanency plan for each child in its legal custody after the 6 month review conducted under ORS 419A.106 or any hearing conducted in lieu of such review; but prior to the permanency hearing required by ASFA to determine th…

413-110-0240 Decision to File a Petition to Terminate Parental Rights (1) Unless one of the exceptions outlined in section (2) of this rule applies, and is so documented in the case plan, DHS shall file a petition to terminate the parental rights of the parents to a child in DHS …

413-110-0250 Other Situations for Filing a Termination Petition (1) ODHS may file a petition to terminate the rights of a parent whose child is in ODHS custody but is not required to do so if: (a) The parent has engaged in extreme conduct as specified in ORS 419B.502, which inclu…

413-110-0252 Termination of Parental Rights In some cases, DHS may decide to file a petition to terminate the parental rights of a parent whose child is in DHS custody without making reasonable efforts to make it possible for the child to be safely returned home and without seeki…

413-110-0300 Purpose The purpose of OAR 413-110-0300 to 413-110-0360 is to establish the Department's policies for determining whether adoption is an appropriate plan for a child. In the case of an Indian child, the Department follows OAR chapter 413, division 115. Statutory/Othe…

413-110-0320 Values (1) Adoption is a permanency option that should be considered as part of concurrent case planning for all children in substitute care. (2) The assessment of the appropriateness of adoption as the permanency plan for a child begins at the time of the child’s in…

413-110-0330 Procedure to Determine the Appropriateness of Adoption as a Permanency Plan (1) Before proceeding to free a child for adoption, the Department must make a formal decision regarding whether adoption is an appropriate permanency plan for the child in accordance with th…

413-110-0340 When Adoption is an Appropriate Permanency Plan (1) When the Department determines that adoption is an appropriate permanency plan for the child, and in legal risk situations the legal assistance specialist has approved placement planning for the child, the child's w…

413-110-0350 When Adoption Is Not an Appropriate Permanency Plan (1) When it is determined that adoption is not the appropriate permanency plan for the child, and the compelling reason for this determination has been documented in the case file, the child’s worker must develop an…

413-110-0360 Review Process When the Local Office Permanency/Adoption Committee or the Permanency/Adoption Council Committee has staffed a case and reached a decision with which the child's worker disagrees, the child's worker will staff the case with the worker's supervisor and …

413-115-0000 Definitions Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 115. (1) "Active efforts" means affirmative, active, proactive, thorough, and timely efforts intended primarily to maintain or reunite an Indian child wit…

413-115-0010 History, Purpose, and Applicability (1) History and Purpose. (a) On November 8, 1978, utilizing its power over Indian affairs and its "responsibility for the protection and preservation of Indian tribes and their resources," while acknowledging "that there is no reso…

413-115-0020 Department Authority Once it is found that an Indian child is involved, and the tribe or tribes who have an interest have been determined, the authority of the Department must be established. In some instances, the Department will have no authority to become involved…

413-115-0030 Tribal Membership and Enrollment (1) Tribal Determination of Membership or Eligibility for Membership. (a) The determination of whether the child is a member of a tribe (or eligible for membership), is solely within the jurisdiction of the tribe, except as otherwise …

413-115-0040 Inquiry and Actions to Determine a Child's Tribal Membership Under the ORICWA (1) When the Department receives screening information under OAR 413-015-0205, the screener must inquire whether the child is an Indian child. The screener must document the reporter’s resp…

413-115-0045 Notification to the Court of Paternity Acknowledgment If a man orally or in writing acknowledges paternity of an Indian child to the court, to the Department, the Department must notify the court of the man’s acknowledgement immediately or, if a matter is not yet pen…

413-115-0050 Notification to the Tribe of Placement or Change in Placement (1) When the Department knows or has reason to know the child is an Indian child, the Department must ensure that notification is provided to the Indian child’s tribe or tribes as soon as possible and with…

413-115-0060 Active Efforts (1) Active efforts must begin when the Department has reason to know the child may be an Indian child. The ORICWA applies to any proceedings under OAR 419B, until the court determines that the child does not meet the definition of Indian child. Active …

413-115-0070 Emergency Removal and Return Upon Demand (1) During a CPS assessment, the Department may place an Indian child into emergency protective custody, whether or not the Indian child's domicile or residence is on a reservation, and regardless of the jurisdiction held by t…

413-115-0080 Required Documentation Prior to a Non-Emergency Removal Except during an emergency removal described in OAR 413-115-0070, prior to removal of the Indian child from a parent or Indian custodian and filing a petition, the Department must document: (1) The causal relati…

413-115-0090 Placement of Indian Children (1) The Department must conduct a search for an appropriate placement, which includes, at a minimum: (a) Contact with the appropriate representative from the Indian child's tribe; (b) A search for available Oregon Indian foster homes; (c)…

413-115-0100 Voluntary Placement Agreements (1) The Department may enter into a voluntary placement agreement with the consent of a parent or Indian custodian of any Indian child, if: (a) Pursuant to ORS 418.312 and OAR 413-020-0070, the sole reason for placing the Indian child i…

413-115-0110 Consent to Termination of Parental Rights and Voluntary Relinquishment of Parental Rights (1) The Department may accept consent for termination of parental rights or voluntary relinquishment of parental rights from the parent of an Indian child if: (a) The Department…

413-115-0120 Notice Required Prior to a Child Custody Proceeding or Court Hearing (1) Notice must be provided for each child custody proceeding under ORS chapter 419B in which there is reason to know the child is an Indian child. (2) The notice must be sent notice to: (a) The par…

413-115-0130 Standards of Evidence and Minimum Qualifications for a Qualified Expert Witness (1) Preponderance of the Evidence. Emergency removals. When requesting court authorization for emergency removal at a shelter hearing, the Department must demonstrate to the court that th…