Oregon Bulletin
February 1, 2011
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 22-2010
Filed with Sec. of
State: 12-28-2010
Certified to be
Effective: 12-28-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-070-0570, 413-070-0572, 413-070-0574
Subject: The Department is adopting OAR 413-070-0570,
413-070-0572, and 413-070-0574 to describe when the Department will consider
and pursue special immigrant juvenile status (SIJS) for a child in the custody
of the Department. These rules also make permanent portions of temporary rules
adopted on June 30, 2010 as part of OAR 413-120-0900 to 413-120-0980 (which
also covered Intercountry and Hague adoptions). SIJS consideration is necessary
but is not limited to children for whom adoption is a plan. OAR 413-070-0570
sets out the purpose of the Department’s rules regarding the consideration of
special immigrant juvenile status for a child in the custody of the Department.
OAR 413-120-0572 defines certain terms used in these rules. OAR 413-070-0574
states the requirements the Department must follow in order to apply for
special immigrant juvenile status for a child in the custody of the Department.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-070-0570
Purpose
These rules (OAR 413-070-0570 to 413-070-0574) 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 adoption,
does not have lawful permanent resident status, cannot be returned safely to a
parent or placed in the country of origin of the child or young adult,
and should remain in the United States pending finalization of a permanent plan
other than return to parent.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 22-2010, f. & cert.
ef. 12-28-10
413-070-0572
Definitions
The following definitions apply to OAR 413-070-0570 to
413-070-0574:
(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 and terminates the
legal parent-child relationship between the adopted child and any former
parent.
(2) “Child” means a person under 18 years of age.
(3) “Department” means the Department of Human
Services, Child Welfare.
(4) “Special immigrant juvenile status” means a legal
process to obtain lawful permanent resident status for a child who does not
have lawful permanent resident status because he or she entered the United
States without inspection and who meets the other criteria required by federal
law.
(5) “Young adult” means a person 18 to 20 years of age
who remains in the care and custody of the Department, and lives in substitute
care or lives independently through the Department’s Independent Living Subsidy
Program.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 22-2010, f. & cert.
ef. 12-28-10
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 requirements of all of
the following subsections are met:
(a) The juvenile court has determined that:
(A) The child or young adult is a
dependent ward;
(B) The child or young adult cannot be
returned to a parent due to abuse, neglect, abandonment, or similar
circumstance; and
(C) It is not in the best interests of the child or young adult to return to the child’s, young adult’s, or parent’s
country of nationality or country of last habitual residence.
(b) The permanency plan for the child or young
adult has been changed by the court from return to parent to another
permanent plan.
(c) The child or young adult is not a
United States citizen and does not have lawful permanent resident status.
(d) The child or young adult is unmarried
and under 21 years of age.
(2) Department staff must consult with and obtain
approval from the Children, Adults, and Families Diversity and International
Affairs Program Manager or designee before applying for special immigrant
juvenile status for achild or young adult in the legal and
physical custody and guardianship of the Department.
(3) To apply for special immigrant juvenile status,
the Department must:
(a) Before the 21st birthday of the child or young
adult, obtain a court order from the juvenile court that makes the necessary
findings to support an application for special immigrant juvenile status;
and
(b) Complete and submit all necessary U.S. Citizenship
and Immigration Service forms and applications for special immigrant
juvenile status prior to the 21st birthday of the child or young
adult.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 22-2010, f. & cert.
ef. 12-28-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 23-2010
Filed with Sec. of
State: 12-28-2010
Certified to be
Effective: 12-28-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-120-0900, 413-120-0905, 413-120-0910, 413-120-0920,
413-120-0925, 413-120-0930, 413-120-0940, 413-120-0945, 413-120-0950,
413-120-0960, 413-120-0970
Subject: OAR 413-120-0900, 413-120-0905, 413-120-0910,
413-120-0920, 413-120-0925, 413-120-0930, 413-120-0940, 413-120-0945,
413-120-0950, 413-120-0960, and 413-120-0970 about Intercountry Adoption
Pursuant to the Hague Convention and Intercountry Adoption Act are being adopted
to make permanent the temporary rules adopted on July 1, 2010 and in response
to Senate Bill 10 (2009) codified as ORS 417.262 and House Bill 3471 (2009)
codified as ORS 417.265 to comply with changes in the Hague Convention on
Protection of Children and Cooperation in Respect of Intercountry Adoption and
federal law, The Intercountry Adoption Act of 2000 (42 USC 14901 to 14954). OAR
413-120-0900 sets out the purpose of these rules (OAR 413-120-0900 to
413-120-0970) and when an adoption case is subject to the requirements of the
Hague Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption (Convention) and the Intercountry Adoption Act of 2000,
42 USC 14901 to 14954. OAR 413-120-0905 defines certain terms used in these rules.
OAR 413-120-0910 covers the Convention adoption case information the Department
must provide to the U. S. State Department. OAR 413-120-0920 covers incoming
Convention adoptions (the adoption of a child immigrating to the United
States). OAR 413-120-0925 covers outgoing Convention adoptions (the adoption of
a child emigrating from the United States). OAR 413-120-0930 states the
Department’s responsibilities for transition, travel, placement, and
registration during an outgoing Convention adoption. OAR 413-120-0940 states
when the Department may consent to an outgoing Convention adoption and the
Department’s responsibilities for post-placement supervision during an outgoing
Convention adoption. OAR 413-120-0945 states the Department’s finalization and post-finalization
responsibilities during an outgoing Convention adoption. OAR 413-120-0950
states a child’s eligibility for adoption assistance benefits when the child is
the subject of a Convention adoption. OAR 413-120-0960 states the information
the Department must provide to the prospective adoptive parents in an outgoing
Convention adoption. OAR 413-120-0970 states when the Department must obtain a
Hague custody declaration and when the Hague custody declaration must accompany
the child leaving the country.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-120-0900
Purpose
These rules (OAR 413-120-0900 to 413-120-0970)
describe:
(1) The Department’s responsibilities in cases that are
subject to the requirements of the Hague Convention on Protection of Children
and Co-operation in Respect of Intercountry Adoption (Convention) and the
Intercountry Adoption Act of 2000, 42 USC 14901 to 14954 (IAA). The Convention
and IAA apply to any case where a child who is a habitual resident of one
Convention country has been, is being, or will be moved to another Convention
country for the purpose of adoption. The Convention and IAA are intended to
protect the rights of and prevent abuses against children, birth families, and
adoptive parents involved in any adoption that is subject to the Convention and
IAA and to ensure that such adoptions are in the best interests of the child.
(2) The duty of the Department to enter into a formal
agreement with the foreign authorized entity of the receiving Convention
country for an outgoing Convention adoption to assure that the prospective
adoptive parents are suitable and willing to adopt the child, support child
safety, and assure the provision of needed services during the period of
post-placement supervision prior to finalization of the adoption.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0905
Definitions
The following definitions apply to OAR 413-120-0900 to
413-120-0970:
(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 and terminates the
legal parent-child relationship between the adopted child and any former
parent.
(2) “Central authority” means the entity designated as
such by a Convention country that is authorized to discharge the duties imposed
on Convention countries.
(3) “Central authority functions” means any duty
required to be carried out by a central authority or foreign authorized entity
under the Convention.
(4) “Convention” means the Convention on the Protection
of Children and Co-operation in Respect of Intercountry Adoptions, concluded at
The Hague, the Netherlands, on May 29, 1993, which went into effect in the
United States on April 1, 2008.
(5) “Convention adoption” means an adoption of a child
who is a habitual resident in a Convention country by an individual in another
Convention country when the child has been, is being, or will be moved between
the two Convention countries for the purpose of adoption.
(6) “Convention country” means a country that is a
party to the Convention.
(7) “Department” means the Department of Human
Services, Child Welfare.
(8) “Foreign authorized entity” means a foreign central
authority or an accredited entity authorized by the foreign country to perform
central authority functions in Convention adoption cases.
(9) “Hague adoption certificate” means a certificate
issued by the Secretary of State in an outgoing Convention adoption certifying
that the child has been adopted in the United States in conformity with the
Convention and IAA.
(10) “Hague custody declaration” means a declaration
issued by the Secretary of State in an outgoing Convention adoption declaring
that custody of the child for purposes of adoption has been granted in the
United States in conformity with the Convention and IAA.
(11) “IAA” means the Intercountry Adoption Act of 2000,
Public Law 106-279, 42 USC 14901 to 14954.
(12) “Incoming Convention adoption” means a case in
which a child who is a resident of another Convention country has been, is
being, or will be moved to the United States for placement and adoption.
(13) “Outgoing Convention adoption” means a case in
which a child in the United States has been, is being, or will be moved to
another Convention country for placement and adoption.
(14) “Prospective adoptive parents” means the parents,
family members, or other people who reside in the residence, or the physical
home location of the family, who have been studied and approved by a foreign
authorized entity to adopt a child in the legal and physical custody of the
Department and with whom the Department has made an official decision to place
the child in the family home for the purpose of adoption.
(15) “Receiving Convention country” means a Convention
country in which a child who is the subject of an outgoing adoption will be
placed for purposes of adoption.
(16) “Relative” means an individual with one of the
following relationships to the child or young adult through the child or young
adult’s parent:
(a) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(b) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(c) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(d) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(17) “Secretary of State” means the Secretary of the
United States Department of State, the central authority for the United States.
(18) “Special Immigrant Juvenile Status” means the
legal process to obtain lawful permanent resident status for a child who does
not have lawful permanent resident status because he or she entered the United
States without inspection.
(19) “U.S. State Department” means the United States
Department of State.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0910
Duty to Provide Information to
Convention Case Registry
(1) Notwithstanding any other Department rule regarding
the disclosure of information related to adoptions, the Department must provide
all information to the U.S. State Department that is required for registry
reporting. This includes, but is not limited to, information on each of the
following actions for a Convention adoption, either incoming or outgoing,
pending or finalized by the Department:
(a) A child immigrating to the United States for the
purpose of adoption;
(b) A child emigrating from the United States for the
purpose of adoption;
(c) Number of disruptions;
(d) Number of dissolutions; and
(e) Average length of time to finalization.
(2) The Department must maintain a database of all
Oregon, licensed, private agency adoption placements, disruptions,
finalizations, and dissolutions. This information must be reported to the U.S.
Department of Health and Human Services Administration for Children, Youth, and
Families Children’s Bureau.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0920
Adoption of a Child Immigrating to
the United States (Incoming Convention Adoption)
(1) An incoming Convention adoption can involve a child
who:
(a) Holds or is eligible for dual United States and
foreign citizenship; or
(b) Is undocumented, but the foreign authorized entity
of the child’s birth country has determined that the Convention applies to the
adoption.
(2) The Department will cooperate with each applicable
foreign authorized entity and comply with the requirements of the Convention
and IAA with respect to each incoming Convention adoption.
(3) Adoption planning for a child that may be the
subject of an incoming Convention adoption must comply with all other
applicable Department rules.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0925
Adoption of a Child Emigrating
from the United States (Outgoing Convention Adoption)
(1) The Department may pursue an outgoing Convention
adoption provided that:
(a) It is in the best interest of the child;
(b) The child has not been abducted, sold, or
trafficked in connection with the adoption; and
(c) The prospective adoptive parent:
(A) Is a relative;
(B) Has been assessed, approved, and trained; and
(C) Has been determined able and willing to permanently
provide for the safety, well-being, and special needs of the child.
(2) An outgoing Convention adoption may involve a child
who meets the requirements of one of the following subsections:
(a) The child is, or is eligible to become, a:
(A) United States citizen;
(B) Legal United States resident; or
(C) Dual United States and foreign citizen.
(b) The child is undocumented, but the foreign
authorized entity of the child’s birth country has determined that the
Convention applies to the adoption.
(3) Adoption planning for a child that may be the
subject of an outgoing Convention adoption must comply with other Department
rules, including Child Welfare polices: I-AB.4 “CPS Assessment”, 413-015-0400
to 413-015-0485; I-F.2 “Determining the Appropriateness of Adoption as a
Permanency Plan for a Child”, OAR 413-110-0300 to 413-110-0360; I-E.1.1 “Search
for and Engagement of Relatives”, OAR 413-070-0060 to 413-070-0087; I-F.6
“Sibling Adoption Placement Planning”, OAR 413-110-0100 to 413-110-0150;
I-G.1.2 Identification and Consideration of Potential Adoptive Resources”, OAR
413-120-0700 to 413-120-0760; I-G.1.5 “Adoption Placement Selection”, OAR
413-120-0000 to 413-120-0060; and I-G.1.10 “Adoption Placement Supervision and
Support”, OAR 413-120-0800 to 413-120-0880.
(4) Before a child may be placed in a prospective
adoptive home in another Convention country the Department must meet the
requirements of each of the following subsections:
(a) Make a written determination that the child is
eligible for adoption, that an outgoing Convention adoption is in the child’s
best interests, and that placement with the prospective adoptive parents is in
the best interests of the child.
(b) Complete or obtain a written child background study
that includes information about the child’s identity; upbringing; adoptability;
ethnic, religious, and cultural background; social environment; family history;
personal medical history; family medical history; and special needs.
(c) Determine that the prospective adoptive parents
meet the definition of relative and document that determination.
(d) Work with the foreign authorized entity in the
receiving Convention country to determine whether the prospective adoptive
parents are suitable, qualified, and eligible to adopt the child. To do so the
Department must meet the requirements in each of following paragraphs:
(A) Provide a copy of the child’s background study to
the foreign authorized entity in the receiving Convention country.
(B) Obtain from the foreign authorized entity a
comprehensive home study on the prospective adoptive parents that is prepared
in accordance with the laws of the receiving country; meets the standards
established by the Department using the Department’s Hague Home Study template;
addresses the capacity of the prospective adoptive parents to meet the child’s
safety, permanency and well-being needs; and includes all of the following:
(i) Information on the prospective adoptive parents,
including: identity, eligibility and suitability to adopt, background, family
and medical history, social environment, reasons for adoption, ability to
undertake an inter-country adoption, and the characteristics of a child for
whom they would be qualified to care;
(ii) Confirmation that a foreign authorized entity has
determined that the prospective adoptive parents are eligible and suitable to
adopt and has ensured that the prospective adoptive parents have been counseled
as necessary;
(iii) The results of a criminal background check; and
(iv) Information from competent references for the
prospective adoptive parents.
(C) Obtain written confirmation from the foreign
authorized entity that the prospective adoptive parents have completed a
minimum of 10 hours of Department-approved training that includes training on
all of the following:
(i) The effects of physical, emotional, and sexual
abuse and neglect on a child;
(ii) The effects of drugs and alcohol on a child;
(iii) The effects of relocating a child and transition
issues;
(iv) The significance of the birth family, include
grief and loss issues;
(v) Openness in adoption;
(vi) Attachment process and attachment difficulties;
(vii) Positive behavior management; and
(viii) The specific needs of the child to be adopted by
the prospective adoptive parents.
(D) Provide notice to the foreign authorized entity
studying the prospective adoptive family and providing required training to the
prospective adoptive parents that the Department does not condone the use of
corporal punishment.
(E) Obtain from the foreign authorized entity a
written, signed Supervision Agreement using the approved Department form that
describes the responsibilities of the Department and foreign authorized entity
with regard to the child’s placement with the prospective adoptive parents and
includes each of the following:
(i) Requirements for face-to-face visits with the child
and the prospective adoptive parents at least every 30 days. These meetings
must occur in the prospective adoptive home at least once every 60 days.
(ii) Requirements for face-to-face visits in the
prospective adoptive home with other individuals living in the home who can
provide information about the child’s safety and well-being, as well as any
concerns with the placement.
(iii) Requirements for contact at least once every 30
days with professional persons who have established a relationship to the child
who can provide collateral observations regarding the child’s functioning and
the adoptive placement.
(iv) Minimum standards for written reports to be
provided every 90 days on contacts with the child, prospective adoptive family,
other family members, and collateral contacts.
(v) Confirmation that the child will be authorized to
enter and reside in the receiving country permanently or on the same basis as
the prospective adoptive parents.
(vi) Confirmation that the foreign authorized entity
consents to the adoption of the child by the prospective adoptive family.
(vii) Confirmation that the foreign authorized entity
agrees that the child’s adoption by the prospective adoptive family may
proceed.
(e) After the child is fully-free for adoption,
establish proof of citizenship for the child and apply for applicable passports.
(f) Submit to the foreign authorized entity written
confirmation of the reasons the Department determined that the proposed
adoptive placement is in the best interests of the child.
(g) Establish a direct means for the child’s collateral
contacts in the receiving Convention country to communicate any health or
safety concerns about the child to the Department.
(h) Counsel and inform the child, as appropriate in
light of the child’s age and maturity, of the effects of the adoption, consider
the child’s views regarding the adoption, and document the discussion and how
the child’s views were considered.
(i) If the child’s consent to the adoption is required,
counsel and inform the child about the effects of granting consent, obtain
written consent from the child in a manner that assures the consent is given
freely and without any inducement by compensation of any kind, and document the
discussion.
(j) Determine whether the receiving Convention country
requires a Hague custody declaration prior to placement of the child in the
home of the prospective adoptive parents, and, if required, apply for and
obtain a Hague custody declaration from the U.S. State Department, as provided
in OAR 413-120-0945.
(k) Assure that the child’s move to the receiving
Convention country will be made under secure and appropriate circumstances and
in the company of the child’s prospective adoptive parents, caseworker, or with
another adult.
(5) Following completion of all of requirements in
section (4) of this rule and prior to the child traveling to the receiving
Convention country for placement with the prospective adoptive parents, the
Department must obtain an order from the court that makes findings:
(a) In support of an application for a Hague adoption
certificate;
(b) That the prospective adoptive placement is in the
best interests of the child;
(c) Authorizing the child to travel to the foreign
country for placement with the prospective adoptive parents; and
(d) Authorizing release of the court order for purposes
of affecting the child’s placement.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0930
Transition, Travel, Placement, and
Registration Requirements
For an outgoing Convention adoption:
(1) The Department is responsible for assuring that the
child is fully prepared for transition to a new home, community, and country.
(2) A component of transition is establishing that the
region the child will travel to and reside in is approved as a safe place to
travel by the U.S. State Department. The International Affairs and Diversity
Program office serves as the liaison with U.S. State Department and the
applicable Consular office and makes the determination about travel safety.
(3) The child’s move to the receiving Convention
country must be made under secure and appropriate circumstances and in the
company of the child’s prospective adoptive parents, caseworker, or another
adult.
(4) The child must carry a regular passport from all
countries in which the child is a citizen.
(5) If the receiving Convention country requires a
Hague custody declaration, the individual accompanying the child during travel
must carry a copy of the Hague custody declaration.
(6) After a child is placed in another country for the
purpose of adoption, the Department must register the child with U.S. State
Department as a United States citizen living abroad.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0940
Post-Placement Supervision
(1) Notwithstanding the provisions of OAR 413-120-0830
the Department may not consent to an outgoing Convention adoption until at
least 6 months after the child has been placed with the prospective adoptive
parents. This post-placement supervision period may not be waived.
(2) The Department must keep the foreign authorized
entity fully informed about the adoption process and the steps taken to
complete the adoption.
(3) The Department must comply with the requirements of
each of the following subsections:
(a) Monitor the child’s adoption placement by reviewing
the 90-day written progress reports received from the foreign authorized
entity.
(b) Assess, based on the information in the 90-day
reports, whether the child is adjusting to and being integrated into the
prospective adoptive family’s household.
(c) Complete all necessary steps related to the
adoption assistance process, if applicable.
(4) When it becomes known to the Department that there
are significant changes to the situation of the prospective adoptive parents,
including changes in family structure, the Department may require an updated
adoption home study prior to making a determination to proceed with
finalization of the adoption.
(5) Prior to finalization of the adoption, when the
local child welfare office determines the prospective adoptive parents are no
longer appropriate for the child, the requirements of OAR 413-120-0870 apply.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0945
Finalization and Post-Finalization
Duties
(1) After the post-placement supervision period has
expired and before finalization of an outgoing Convention adoption the
Department must submit to the foreign authorized entity proof of the
Department’s consent to the child’s adoption.
(2) An outgoing Convention adoption must be finalized
in Oregon pursuant to ORS 419B.529.
(3) Concurrent with finalization of the outgoing Convention
adoption the Department must request an order from the court making all of the
necessary findings required by the Convention and IAA to support an application
for a Hague adoption certificate.
(4) After finalization of the outgoing Convention adoption
the Department must apply for a Hague adoption certificate. To apply for a
Hague adoption certificate the Department must submit all of the following to
the Secretary of State:
(a) A completed Hague adoption certificate application
on the form prescribed by the Secretary of State;
(b) A certified copy of the court’s order finding that
the child is eligible for adoption, that the adoption is in the child’s best
interest, granting the adoption, and verifying that the requirements of 22
C.F.R. 97.3 have been met; and
(c) Any other additional documentation and information
required by the Secretary of State.
(5) For an outgoing Convention adoption, the Department
must request two original Hague adoption certificates. The Department provides
one original Hague adoption certificate to the adoptive parents and enters one
original Hague adoption certificate into the sealed adoption record.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005, 419B.529
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0950
Adoption Assistance
To be eligible for adoption assistance a child who is
the subject of a Convention adoption must be a United States citizen and meet
all other eligibility requirements under Child Welfare Policy I-G.3.1 “Adoption
Assistance”, OAR 413-130-0000 to 413-130-0130.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0960
Disclosure to the Adoptive Family
The Department must provide the prospective adoptive
parents in an outgoing Convention adoption all the child summary and medical
history, as defined in the Child Welfare Procedure Manual, in both the original
format and translated into the primary language of the prospective adoptive
parents.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
413-120-0970
Hague Custody Declarations
(1) When a child will be placed for adoption in a
Convention country the Secretary of State may issue a Hague custody declaration
acknowledging that legal custody of the child has been granted to prospective
adoptive parents for the purpose of immigration and adoption in another
Convention country. If the receiving Convention country requires a Hague
custody declaration for placement of a child for adoption in the receiving
Convention country, the Department must apply for and obtain a Hague custody declaration
by completing the U.S. State Department’s application and submitting the
application with a court order with the proper findings supporting the
application.
(2) The Hague custody declaration must accompany the
child when the child leaves the United States and travels to the other
Convention country.
Stat. Auth.: ORS 417.262, 417.265,
418.005
Stats. Implemented: ORS 417.262,
417.265, 418.005
Hist.: CWP 8-2010(Temp), f. &
cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10
Rule Caption: Changing OARs affecting Child Welfare programs.
Adm.
Order No.: CWP 24-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Amended: 413-010-0055
Rules Repealed: 413-010-0055(T)
Subject: OAR 413-010-0055 about when it is in a child’s best
interest for the Department to disclose a client’s information is being amended
in response to ORS 409.194 to state when the Director of the Department may
convene a sensitive review committee to review the actions of the Department.
This rule also is being amended to state when the Director must submit a
written report of the findings and conclusions of the sensitive review
committee to the President of the Senate and the Speaker of the House of Representatives.
This rule is also being amended to make permanent temporary rule amendments
adopted on July 19, 2010.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-010-0055
Mandatory Disclosure if In the
Child’s Best Interest
(1) Unless client information is exempt from disclosure
under another provision of law, and if disclosure is in the child’s best
interest, the Department shall disclose the client information records to the
following persons:
(a) Employees of the Department of Human Services to the
extent necessary to perform their official duties, determine the child’s or
family’s eligibility for services, or provide services to the child or family;
(b) The Division of Child Support of the Department of
Justice, when information is needed in order to locate children or absent
parents, and to establish support for children in substitute care; and
(c) Treatment providers, foster parents, adoptive
parents, school officials or other persons providing services to the child or
family to the extent that such disclosure is necessary to provide services to
the child or family. Such services include, but are not limited to, those
provided by homemakers, intensive family service workers, foster parents, child
care centers, private child caring agencies, treatment centers, Indian social
service or child welfare agencies, physicians and other health care providers,
mental health professionals, volunteers, student interns, child protection
teams.
(2) Sensitive Review Committee.
(a) The Director of the Department of Human Services
(Director) may choose to convene, either on the Director’s own motion or upon a
request of the President of the Senate or the Speaker of the House, a sensitive
review committee for the purpose of reviewing the actions of the Department, in
order to improve the quality of and strengthen child welfare practice in future
cases. If the Director convenes a committee at the request of the President or
the Speaker, then the Director shall submit the final written report to the
President and the Speaker no more than 180 days after the committee was
convened.
(b) Unless client information is exempt from disclosure
under ORS Chapter 192 or another provision of law, and if disclosure is in the
child’s best interest, the Director or the Director’s designee shall direct
disclosure of relevant client information to persons appointed to a sensitive
review committee convened by the Director.
(A) Any record disclosed to the committee members shall
be kept confidential by the members of the committee and shall be used only for
the purpose for which the record was disclosed.
(B) Any records disclosed to the committee members
shall be returned to the Department upon completion of the review.
Stat. Auth.: ORS 409.194, 409.050
& 418.005
Stats. Implemented: ORS 409.010,
409.194, 409.225 & 418.005
Hist.: SOSCF 9-1999, f. 5-24-99,
cert. ef. 6-1-99; CWP 17-2010(Temp), f. & cert. ef. 7-19-10 thru 1-15-11;
CWP 24-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 25-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Amended: 413-010-0081, 413-010-0082, 413-010-0083, 413-010-0085
Rules Repealed: 413-010-0084, 413-010-0086
Subject: These rules about the release of an adoption home
study report are being changed to make permanent some temporary rules changes
filed on July 1, 2010. OAR 413-010-0081 about the purpose of these rules is
being amended to cross-reference rules that cover the release an adoption home
study. OAR 413-010-0082 is being amended to cross-reference rules that define
terms used in rules about the release of an adoption home study. OAR
413-010-0083 about the release of an adoption home study is being amended to cross-reference
rules about confidentiality and release of adoption home studies. OAR
413-010-0084 about pre-release redaction of an adoption home study report is
being repealed because this topic will be covered in another rule. OAR
413-010-0085 about the release of adoption home study summaries is being
amended to cross-reference the rule that covers this topic. OAR 413-010-0086
about the process for release of an adoption home study report to the child’s
CASA, tribe, and attorney is being repealed because this topic is covered
elsewhere in adoption policy, specifically Child Welfare Policy I-G.1.5,
Adoption Placement Selection.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-010-0081
General References Regarding
Release of Adoption Home Studies
The topic of release of adoption home studies is
covered in OAR 413-120-0016 and 413-120-0246.
Stat. Auth.: ORS 409.050 418.005
& 419B.035
Stats Implemented: ORS 409.010,
409.225, 418.005 & 419B.035
Hist.: CWP 4-2006(Temp), f. &
cert. ef. 2-6-06 thru 7-31-06; CWP 18-2006, f. & cert. ef. 8-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 25-2010, f. &
cert. ef. 12-29-10
413-010-0082
Definitions
The topic of release of adoption home studies is
covered in OAR 413-120-0016 and 413-120-0246. Some terms used in those rules
are defined at 413-120-0010 and 413-120-0195.
Stat. Auth.: ORS 409.050, 418.005
7 418.945
Stats Implemented: ORS 409.010,
418.005 & 418.945
Hist.: CWP 4-2006(Temp), f. &
cert. ef. 2-6-06 thru 7-31-06: CWP 18-2006, f. & cert. ef. 8-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 25-2010, f. &
cert. ef. 12-29-10
413-010-0083
Confidentiality and Release of
Adoption Home Study Reports
The topic of confidentiality and release of adoption
home study reports is covered in OAR 413-120-0016 and 413-120-0246.
Stat. Auth.: ORS 409.050, 418.005
& 419B.035
Stats Implemented: ORS 409.010,
409.225, 418.005 & 419B.035
Hist.: CWP 4-2006(Temp), f. &
cert. ef. 2-6-06 thru 7-31-06; CWP 18-2006, f. & cert. ef. 8-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 25-2010, f. &
cert. ef. 12-29-10
413-010-0085
Release of Redacted or Summarized
Adoption Home Study
The topic of release of redacted or summarized adoption
home studies is covered in OAR 413-120-0016.
Stat. Auth.: ORS 409.050, 418.005
& 419B.035
Stats Implemented: ORS 409.010,
409.225, 418.005 & 419B.035
Hist.: CWP 4-2006(Temp), f. &
cert. ef. 2-6-06 thru 7-31-06; CWP 18-2006, f. & cert. ef. 8-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 25-2010, f. &
cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child Welfare programs.
Adm. Order No.: CWP 26-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Repealed: 413-010-0360, 413-010-0370, 413-010-0380
Subject: These rules about the rights of persons who have a
child-parent relationship being repealed because they no longer comply with
federal placement priority for adoption selection, nor rights of persons who
are certified as foster parents. OAR 413-010-0360 is being repealed because the
rights of foster parents are established in ORS 418.648. OAR 413-010-0370 is
being repealed because the definition no longer complies with the Department’s
policy and practice. OAR 413-010-0380 is being repealed because it no longer
complies with federal preference for adoption placement selection.
Rules Coordinator: Annette Tesch—(503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 27-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-070-0514, 413-070-0516, 413-070-0518, 413-070-0519
Rules Amended: 413-070-0500, 413-070-0505, 413-070-0510
Rules Repealed: 413-070-0517
Rules Ren. &
Amend: 413-070-0515 to 413-070-0512
Subject: These rules about achieving legal permanency,
concurrent planning, and use of a permanency committee in making decisions for
children in the care and custody of the Department, are being changed because
the Department is redesigning the structure by which it makes these decisions.
These rules set the requirements and responsibilities for the Department around
seeking legal permanency for a child, the efforts make to identify and
implement a concurrent permanent plan, and the parameters in which the
Department will use a permanency committee in making a recommendation regarding
a child’s permanency. These rules incorporate into one rule set permanent rules
regarding the use of a permanency committee filed in several sets of temporary
rules filed on July 1, 2010. OAR 413-070-0500 about the purpose of these rules
(OAR 413-070-0500 to 413-070-0519), OAR 413-070 0505 about the definitions used
in these rules, OAR 413-070-0510 about the Department’s obligation to seek
legal permanency for a child in the legal custody of the Department, and OAR 413-070-0512
(re-numbered from OAR 413-070-0515) about concurrent planning are being
amended. OAR 413-070-0514 about working with a child’s team, OAR 413-070-0516
about the appropriate use of a permanency committee, OAR 113-070-0518 about the
composition, scheduling, responsibilities and recommendations of a permanency
committee, and OAR 413-070-0519 about the decision, notice and review of a
permanency decision are being adopted. OAR 413-070-0517 about reasonable
efforts, is being repealed. OAR 413-070-0500 is being amended to clarify the
current Department policy, practice, and terminology. OAR 413-070-0505 about
definitions used in these rules is being amended to add current and remove
outdated definitions of terms used throughout these rules. OAR 413-070-0510 is
about the Department’s obligation to seek legal permanency and is being amended
to clarify federal responsibility for reasonable efforts. OAR 413-070-0512 is
being renumbered from 413-070-0515 and is being amended to describe the
Department’s efforts to seek family involvement in the development of a
concurrent plan. OAR 413-070-0514 about the Department’s obligation to work
with a team of individuals in determining a child’s current and permanency
needs and how the plans to meet those needs are in the child’s best interest is
being adopted. OAR 413-070-0516 about the circumstances in which the Department
uses a permanency committee for a recommendation on a child’s permanency is
being adopted. OAR 413-070-0517 about reasonable efforts is being repealed
because this topic will be covered in OAR 413-070-0510. OAR 413-070-0518 is
being adopted to set out policies about the composition, scheduling,
responsibilities of committee members and recommendations that come from a
permanency committee. OAR 413-070-0519 is being adopted to set out policies
about the decision which is made after a permanency committee recommendation,
notice requirements and the parameters of when a review of that decision may
occur, who can request a review, and timelines in which such a review will
occur.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-070-0500
Purpose
These rules (OAR 413-070-0500 to 413-070-0519) 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.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 10-2000, f. &
cert. ef. 4-28-00; SOSCF 42-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 43-2003,
f. 12-31-03, cert. ef. 1-1-04; CWP 27-2010, f. & cert. ef. 12-29-10
413-070-0505
Definitions
The following definitions apply to OAR 413-070-0500 to
413-070-0519:
(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 where no
administrative review was requested within the timeframe allowed for such a
request, or if a review was requested, the selection has been sustained by that
review and the review is complete.
(2) “CASA” means a court appointed special advocate: a
volunteer who is appointed by the court, is a party to the juvenile proceeding,
and advocates for the child pursuant to ORS 419A.170.
(3) “Child” means a person under 18 years of age.
(4) “Committee facilitator” means a Department staff
member appointed as a member of the committee to facilitate a permanency or
adoption committee meeting.
(5) “Concurrent permanent plan” means the alternate
permanency plan whenever the child has been placed in substitute care when the
goal of the permanency plan is to return the child to the parents. The
concurrent permanent plan is developed simultaneously with the plan to return the
child to the parents or legal guardians.
(6) “Conditions for return” means a written statement
of the specific behaviors, conditions, or circumstances that must exist within
a child’s home before a child can safely return and remain in the home with an
in-home ongoing safety plan.
(7) “Current caretaker” means a foster parent who:
(a) Is currently caring for a child in the legal
custody of the Department who has a permanency plan or concurrent permanent
plan of adoption;
(b) Has cared for the child or at least one sibling in
a sibling group under consideration for at least the past 12 consecutive
months; and
(c) Has been identified by the Department as a
potential adoptive resource for the child and when appropriate, the siblings in
a sibling group under consideration for adoption in the same adoptive family.
(8) “General applicant” means an individual who:
(a) Is neither a relative or current caretaker; and
(b) Has submitted a completed application to adopt a
child.
(9) “Indian child” means any unmarried person who is
under age 18 and is either:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is
the biological child of a member of an Indian tribe.
(10) “Legal assistance specialist” means an Adoption
Program staff member who provides consultation on the technical and legal
processes to achieve a permanency plan for a child in the legal custody of the
Department.
(11) “Parent” means the biological or adoptive mother
or the legal father of the child. A legal father is a man who has adopted the
child or whose paternity has been established or declared under ORS 109.070,
ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian
child under the Indian Child Welfare Act (ICWA), a legal father includes a man
who is a father under applicable tribal law. “Parent” also includes a putative
father who has demonstrated a direct and significant commitment to the child by
assuming or attempting to assume responsibilities normally associated with
parenthood, unless a court finds that the putative father is not the legal
father.
(12) “Permanency committee” means a group of
individuals who are responsible for making a recommendation regarding a
permanency plan or a potential permanency resource when the child or young
adult likely is not returning to his or her parent.
(13) “Permanency plan” means a written course of action
for achieving safe and lasting family resources for the child. Although the
plan may change as more information becomes available, the goal is to develop
safe and permanent family resources with the parents, relatives, or other
people who will assume legal responsibility for the child during the remaining
years of dependency and be accessible and supportive to the child in adulthood.
(14) “RCWAC” means the Refugee Child Welfare Advisory
Committee.
(15) “Refugee child” means, as defined under ORS
418.925, a person under 18 years of age who has entered the United States and
is unwilling or unable to return to the person’s country because of persecution
or a well-founded fear of persecution on account of race, religion, sex, sexual
orientation, nationality, membership in a particular group, or political
opinion, or whose parents entered the United States within the preceding 10
years and are or were unwilling or unable to return to their country because of
persecution or a well-founded fear of persecution on account of race, religion,
sex, sexual orientation, nationality, membership in a particular group, or
political opinion.
(a) As used in this section, “persecution” means that
harm or suffering will be inflicted upon the person to punish the person for
possessing a particular belief or characteristic. “Persecution” does not
include harm and suffering that is inflicted on persons generally by reason of
civil or military strife in a country.
(b) As used in this section, “fear of persecution”
means an apprehension or awareness, based on external objective facts, that the
person will suffer persecution upon return to the person’s country.
(16) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a sibling
relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult entering
substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children” OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of the child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of the child or young adult when the half-sibling of the
child or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult; or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) The Department has approved the foster parent for
consideration as a guardian.
(17) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the children or young
adult’s legal or biological parents; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(18) “Substitute care” means an out-of-home placement
of a child or young adult who is in the legal or physical custody and care of
the Department.
(19) “Substitute caregiver” means a relative caregiver,
foster parent, or provider authorized to provide care to a child or young adult
in the legal or physical custody of the Department.
(20) “Young adult” means a person aged 18 through 20
years who remains in the care and custody of the Department, and lives in
substitute care or lives independently through the Department’s Independent
Living Subsidy Program.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 10-2000, f. &
cert. ef. 4-28-00; SOSCF 42-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 43-2003,
f. 12-31-03, cert. ef. 1-1-04; CWP 27-2010, f. & cert. ef. 12-29-10
413-070-0510
Obligation to Seek Legal
Permanency
(1) Except as provided in section (3) of this rule, the
Department must make reasonable efforts to preserve and reunify families:
(a) Prior to placing a child in substitute care to
prevent or eliminate the need for removing the child;
(b) By establishing conditions for return described in
OAR 413-040-0009 when a child is removed; and
(c) By implementing a permanency plan to make it
possible for the child to safely return home.
(2) The Department must also make reasonable efforts to
achieve the concurrent permanent plan for legal permanency through adoption or
guardianship and to complete the steps necessary to finalize permanency.
(3) Reasonable efforts to prevent a child’s placement
in substitute care or safely reunite a child with the family are not required
when a parent has subjected a child to aggravated circumstances as defined in
ORS 419B.340.
(4) The Department must seek the court’s approval prior
to changing the permanency plan of a child or young adult.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 10-2000, f. &
cert. ef. 4-28-00; CWP 43-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 27-2010, f.
& cert. ef. 12-29-10
413-070-0512
Development and Review of the
Concurrent Permanent Plan
(1) When developing the permanency plan and concurrent
permanent plan, the Department must:
(a) Describe the purpose of permanency and concurrent
planning to the family;
(b) Involve the child’s or young adult’s parents,
identified relatives, the CASA, attorneys, the tribe when the child is an
Indian child, the RCWAC when the child is a refugee child, and other service
providers, as appropriate;
(c) Provide full disclosure of the timelines under
which the Department pursues permanency pursuant to federal and state law; and
(d) Describe the resources which may be available to
relatives when adoption or guardianship is a permanency plan.
(2) The caseworker must:
(a) Develop a permanency plan and a concurrent permanent
plan for each child in the Department’s custody within 60 days of the placement
of the child into substitute care; and
(b) Review the plan every 90 days, pursuant to Child
Welfare Policy I-B.3.1, “Developing and Managing the Case Plan”, OAR 413-040-0000
to 413-040-0032.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: SOSCF 10-2000, f. &
cert. ef. 4-28-00; SOSCF 42-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 43-2003,
f. 12-31-03, cert. ef. 1-1-04; Renumbered from 413-070-0515 by CWP 27-2010, f.
& cert. ef. 12-29-10
413-070-0514
Working with a Child’s Team
Regarding a Permanency Plan and Concurrent Permanent Plan
(1) The caseworker must consult with a team of
individuals, knowledgeable about the child or young adult’s needs, including
the ongoing assessment of the most appropriate permanency plan and concurrent
permanent plan for the child or young adult, throughout the course of the case.
(a) The team must include the following individuals to
the extent required in each of the following paragraphs:
(A) The parents, unless a supervisor approves not
including a specified parent because the contact may compromise a child, young
adult’s, or another individual’s safety; parental rights have been terminated;
or the parent has signed a release and surrender agreement;
(B) The parent’s attorney, unless parental rights have
been terminated or the parent has signed a release and surrender agreement;
(C) The child or young adult, whenever developmentally
appropriate;
(D) The CASA;
(E) A child or young adult’s attorney;
(F) A tribal representative if the child or young adult
is an Indian child; and
(G) A member of the RCWAC, if the child is a refugee
child.
(b) The team may include:
(A) The child or young adult’s substitute caregiver;
(B) The substitute caregiver’s certifier;
(C) The child’s or young adult’s relatives;
(D) Persons with a caregiver relationship;
(E) Other individuals with involvement in the child or
young adult’s life; and
(F) Individuals with expertise in permanency.
(2) The caseworker utilizes the ongoing contact with
these individuals to:
(a) Monitor the progress toward achieving the
permanency plan;
(b) Provide the child or young adult, and the child or
young adult’s parents, the opportunity to identify available permanency
resources should reunification not be achievable;
(c) Review the efforts to identify and place the child
or young adult with a relative and to place siblings together;
(d) Consider the parents’ acceptance of a plan other
than reunification and their desire for continued contact with the child or
young adult;
(e) Identify and consider which concurrent permanent
plan best meets the child or young adult’s current and lifelong needs for
safety, permanency, and well-being in the following preferential order:
(A) Adoption;
(B) Guardianship, which may be considered only when
there are compelling reasons why adoption cannot be achieved; or
(C) Another Planned Permanency Living Arrangement,
which may be considered only when there are compelling reasons why adoption or
guardianship cannot be achieved.
(3) After the caseworker has complied with section (2)
of this rule and prior to considering a change in permanency plan, the
caseworker must determine that the Department has taken action on the potential
permanency resources identified by the child or young adult and the family of
child or young adult, and must review with the child’s team:
(a) The outcome of the assessment of potential
permanency resources; and
(b) The Department’s efforts to develop and maintain
the child’s relationship with potential permanency resources.
(4) When the caseworker determines a change in
permanency plan should be considered, the caseworker must determine which
permanency plan best:
(a) Meets the safety, permanency, and well-being of the
child or young adult;
(b) Provides the child or young adult with support and
connections in adulthood; and
(c) Must document the basis for the determination.
(5) The legal assistance specialist must approve
changing the permanency plan to adoption prior to the caseworker recommending
adoption to the court.
(6) The permanency committee must make recommendations
and a Child Welfare Program Manager or designee must make the decision on
behalf of the Department:
(a) To approve changing the permanency plan to
guardianship or APPLA prior to the caseworker recommending the plan to the
court; and
(b) To identify the substitute caregiver as the
appropriate permanency placement resource for the plan of guardianship or
APPLA.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: CWP 27-2010, f. & cert.
ef. 12-29-10
413-070-0516
Use of Permanency Committee
A permanency committee must be scheduled when any of
the following sections applies:
(1) The caseworker is recommending a change in
permanency plan to guardianship. The permanency committee provides a
recommendation based upon the considerations in OAR 413-070-0660 and OAR
413-070-0665.
(2) The caseworker is recommending a change in
permanency plan to APPLA. The permanency committee provides a recommendation
based upon the considerations in OAR 413-070-0550(1).
(3) A foster parent’s request to be considered an
adoptive resource as a current caretaker pursuant to Child Welfare Policy
I-G.1.1, “Foster Parent Request for Consideration as a Current Caretaker”, OAR
413-120-0500 to 413-120-0595. The permanency committee provides a
recommendation based upon the considerations in OAR 413-120-0570.
(4) A caseworker is considering the separation of
siblings in adoption. The permanency committee provides a recommendation based
upon the considerations in OAR 413-110-0132.
(5) The caseworker requests that a permanency committee
review the relationship between a general applicant and a child whose
permanency plan is adoption. The permanency committee provides a recommendation
based upon the considerations in OAR 413-120-0750(5).
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: CWP 27-2010, f. & cert.
ef. 12-29-10
413-070-0518
Composition, Scheduling,
Responsibilities and Recommendations of the Permanency Committee
(1) Composition. A permanency committee includes the
following individuals.
(a) Two individuals who have been appointed by a Child
Welfare Program Manager to attend a permanency committee.
(A) A committee facilitator, who must be a Department
staff member and who must ensure all of the following:
(i) The meeting is held according to the requirements
of Chapter 413 of the Oregon Administrative Rules.
(ii) Individuals are informed of the responsibilities
of the committee and the confidentiality of information presented during the
meeting.
(iii) Thorough and accurate documentation of the
committee recommendations.
(B) A second individual who may be either a community
partner or another Department staff member.
(C) These two individuals must meet the requirements of
all of the following paragraphs:
(i) Be knowledgeable about permanency issues.
(ii) Be knowledgeable of the importance of lifelong
family attachment and cultural connections.
(iii) Have no current personal or professional
relationship to the child or a potential placement resource or potential
adoptive resource being considered.
(b) The following members of the child’s team:
(A) The caseworker of the child or young adult;
(B) The attorney of the child or young adult;
(C) The CASA of the child or young adult;
(D) A tribal representative, if the child or young
adult is an Indian child;
(E) A member of the RCWAC, if the child or young adult
is a refugee child; and
(F) Any other individual from the child’s team who a
caseworker, in consultation with the supervisor, believes can provide important
input into the issue before the permanency committee.
(2) The substitute caregiver of the child or young
adult is invited to come and present information to the permanency committee,
but is excused after presenting information and responding to questions.
(3) The Child Welfare Program Manager or designee
responsible for making the decision on behalf of the Department attends the
permanency committee and may ask clarifying questions, but does not participate
in the deliberation and recommendation.
(4) Scheduling. The Department is responsible for
scheduling and notifying the following individuals of the date, time, and
location of the permanency committee.
(a) Appointed permanency committee members;
(b) The Child Welfare Program Manager or designee
making a decision on the issue before the permanency committee;
(c) Each member of the child’s or young adult’s team
identified in subsection (1)(b) of this rule; and
(d) Any other individual invited to present specific
information to the permanency committee.
(5) Confidentiality. Each individual attending a
permanency committee is bound by Oregon statutes regarding confidentiality and
Child Welfare Policy I-A.3.2, “Confidentiality of Client Information” OAR
413-010-0000 to 413-010-0075.
(6) Consideration, review, and recommendation.
(a) The permanency committee must consider and review
the information presented by any individual invited to the permanency
committee, whether the information is presented in person, by phone, through
other electronic communication, or in writing.
(b) The permanency committee may seek clarifying and
request additional information during the presentations.
(c) The permanency committee must consider the safety,
permanency, and well-being needs of the child or young adult and when there are
siblings, the safety, permanency, and well-being needs of each sibling; and
make a recommendation regarding the issue brought before the committee to the
Child Welfare Program Manager or designee.
(d) When members of the permanency committee have not
come to consensus on a recommendation, the committee facilitator must document
all recommendations and the basis provided by the permanency committee member
for that recommendation.
(e) The committee facilitator must provide the written
documentation of the permanency committee’s recommendation or recommendations
to the Child Welfare Program Manager or designee within three business days of
the date on which the permanency committee was held.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: CWP 27-2010, f. & cert.
ef. 12-29-10
413-070-0519
Decision, Notice, and Review of
the Decision
(1) Except to the extent that section (2) of this rule
indicates otherwise, 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
(c) Provide written notification of the decision and
the basis of the decision to the caseworker on a form approved by the
Department.
(2) When the decision of the permanency committee
applies to changing a permanency plan to APPLA, the Child Welfare Program
Manager must make the decision and cannot appoint a designee.
(3) The caseworker must notify the following
individuals of the decision under section (1) of this rule:
(a) Each child or young adult, when required by law and
developmentally appropriate;
(b) Each child’s or young adult’s attorney, if one has
been appointed;
(c) Each child’s or young adult’s CASA, if one has been
appointed;
(d) Each child’s or young adult’s tribal
representative, when a child or young adult is an Indian child;
(e) The member of the RCWAC when a child or young adult
is a refugee child; and
(f) Each child’s or young adult’s substitute caregiver.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: CWP 27-2010, f. & cert.
ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 28-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Amended: 413-070-0520, 413-070-0524, 413-070-0532,
413-070-0536, 413-070-0540, 413-070-0550, 413-070-0552, 413-070-0556,
413-070-0565
Rules Ren. &
Amend: 413-070-0548 to 413-070-0551
Subject: These rules about another planned permanent living
arrangement, and placement decisions for children in the care and custody of
the Department, are being changed because the Department is redesigning the
structure by which it makes these decisions and to make permanent some of the
temporary rule changes filed on July 1, 2010. These rules set the requirements
and responsibilities for the Department around changing a child’s permanency
plan to another planned permanent living arrangement. OAR 413-070-0520 about
the purpose of the Department’s Another Planned Permanent Living Arrangement
(APPLA) rules, OAR 413-070-0524 about the definitions of certain terms used in
these rules, OAR 413-070-0532 about the types of APPLA, OAR 413-070-0540 about
how the Department determines an APPLA is the appropriate permanency plan for a
child, OAR 413-070-0550 about how the Department reviews and approves an APPLA
permanency plan are being amended to clarify the Department’s policy for APPLA
permanency plans, include definitions used throughout the APPLA rules, and
reflect current Department policy, practice, and terminology. OAR 413-070-0524
also is being amended to add current and remove outdated definitions of terms
used throughout these rules. OAR 413-070-0536 about when APPLA may be
considered is being amended to correctly identify defined terms. OAR
413-070-0540 also is being amended to reference proposed rules for the use of a
permanency committee. OAR 413-070-0548 about the contents of an APPLA case plan
is being renumbered to OAR 413-070-0551 and amended to clarify the process for
requesting a change in the contents of a permanency plan. OAR 413-070-0550 also
is being amended to state the Department methodology, practice, and
decision-making when APPLA is considered as a permanency plan. OAR 413-070-0552
about ongoing Department responsibilities when APPLA is the child’s or young
adult’s permanency plan is being amended to standardize cross-references and
make the rule title better fit the contents of the rule. OAR 413-070-0565 about
termination of APPLA is being amended to allocate responsibility for approving
the termination of an agreement under serious or extraordinary circumstances
and clarify the deadline for requesting a permanency hearing.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-070-0520
Purpose
The purpose of these rules (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.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 13-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 28-2010, f. & cert. ef.
12-29-10
413-070-0524
Definitions
The following definitions apply to these rules, OAR
413-070-0520 to 413-070-0565:
(1) “APPLA” means Another Planned Permanent Living
Arrangement, a permanency plan for a stable secure living arrangement for a
child or young adult that includes building relationships with significant
people in the child’s life that may continue after substitute care. APPLA is
the least preferred permanency plan of the four permanency plan options for a
child or young adult and is appropriate only in very limited circumstances.
(a) “Planned” means the arrangement is intended,
designed, and deliberate.
(b) “Permanent” means enduring and stable.
(2) “Caregiver relationship” means a relationship
between a person and a child or young adult that meets the requirements of all
of the following subsections:
(a) The relationship has existed for the 12 months
immediately preceding the initiation of a dependency proceeding, for at least
six months during a dependency proceeding, or for half of the child’s life if
the child is less than six months of age. A caregiver relationship does not
include a relationship between a child or young adult and a person who is an
unrelated foster parent of the child or young adult unless the relationship
continued for a period of at least 12 consecutive months.
(b) The person had physical custody of the child or
young adult or resided in the same household as the child and provided the
child or young adult on a daily basis with the love, nurturing, and other
necessities required to meet the psychological and physical needs of the child
or young adult.
(c) The child or young adult depended on the
relationship to meet the needs of the child or young adult.
(3) “Child” means a person under 18 years of age.
(4) “Department” means the Department of Human
Services, Child Welfare.
(5) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for unrelated children
or young adults who are placed in the home by the Department.
(6) “Independent living housing subsidy” means a
payment to assist in covering the cost of room, board, or other monthly
expenses made to an eligible individual who is in the care and custody of the
Department and living independently.
(7) “Indian child” means any unmarried person who is
under age 18 and is either:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and the
biological child of a member of an Indian tribe.
(8) “Parent” means the biological or adoptive mother or
the legal father of the child. A legal father is a man who has adopted the
child or whose paternity has been established or declared under ORS 109.070,
ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian
child under the Indian Child Welfare Act (ICWA), a legal father includes a man
who is a father under applicable tribal law. “Parent” also includes a putative
father who has demonstrated a direct and significant commitment to the child by
assuming or attempting to assume responsibilities normally associated with
parenthood unless a court finds that the putative father is not the legal
father.
(9) “Permanency committee” means a group of individuals
who are responsible for making a recommendation regarding a permanency plan or
a potential permanency resource when the child or young adult likely is not
returning to his or her parent.
(10) “Permanency plan” means a written course of action
for achieving safe and lasting family resources for the child. Although the
plan may change as more information becomes available, the goal is to develop
safe and permanent family resources with the parents, relatives, or other
people who will assume legal responsibility for the child during the remaining
years of dependency and be accessible and supportive to the child in adulthood.
(11) “Permanent foster care” means the out of home
placement of a child in which there is a long-term foster care agreement
between each substitute caregiver and the Department approved by the juvenile
court under which the substitute caregiver commits to raise a child in substitute
care until the age of majority and be accessible to and supportive of the child
into adulthood, until the court determines that APPLA - permanent foster care
is no longer the appropriate permanency plan for the child.
(12) “Relative caregiver” means a person who operates a
Department approved home providing care for a related child or young adult
placed into the home by the Department.
(13) “Substitute care” means the out-of-home placement
of a child who is in the legal or physical custody and care of the Department.
(14) “Substitute caregiver” means a relative caregiver,
foster parent, or provider authorized to provide care to a child or young adult
in the legal or physical custody of the Department.
(15) “Young adult” means a person 18 to 20 years of age
who remains in the care and custody of the Department, and lives in substitute
care or lives independently through the Department’s Independent Living Subsidy
Program.
Stat. Auth.: ORS 418.005, 418.925,
419A.004(17)
Stats Implemented: ORS 418.005,
418.925, 419A.004(17))
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 13-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 28-2010, f. & cert. ef.
12-29-10
413-070-0532
Types of APPLA
The caseworker considers one of the following types of
APPLA when considering APPLA as a permanency plan for a child or young adult:
(1) APPLA — permanent foster care. An
APPLA — permanent foster care is a plan in which the child or young adult
remains in a substitute care placement with a substitute caregiver who
has:
(a) Committed to the care and well-being of the child
or young adult; and
(b) Entered into a permanent foster care agreement.
(2) APPLA — permanent connections and support. An
APPLA — permanent connections and support plan is a plan in which:
(a) A child or young adult is in substitute care living
with a substitute caregiver or living independently and receiving an
independent living housing subsidy and the plan focus is not only on the
child’s or young adult’s educational, vocational, health, and treatment needs,
but also on the needs of the child or young adult to develop or maintain
relationships with adults, including relatives and persons with a caregiver
relationship, who can play a significant role in the child’s or young adult’s
life after the child or young adult leaves substitute care; or
(b) A child or young adult is in a psychiatric
residential facility, Developmental Disabilities placement, or residential
treatment facility and is not going to be discharged from the facility while
the Department maintains legal custody of the child or young adult.
Stat. Auth.: ORS 418.005 &
419A.004(17)
Stats Implemented: ORS 418.005
& 419A.004(17)
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 28-2010, f.
& cert. ef. 12-29-10
413-070-0536
Consideration of APPLA as a
Permanency Plan
(1) The Department may consider APPLA as a permanency
plan for a child or young adult only if the Department has determined that
there is a compelling reason that it is not in the best interests of the child
to implement one of the following preferred permanency plans, listed in order
of preference:
(a) Placement with a parent;
(b) Placement in an adoptive home which includes
permanent placement with a fit and willing relative through the adoption; or
(c) Placement with a legal guardian which includes
permanent placement with a fit and willing relative as a guardian.
(2) Prior to consideration of a foster parent as the
APPLA resource, the caseworker and the caseworker’s supervisor have complied
with the requirements of both of the following subsections:
(a) Reviewed the Department’s diligent efforts to
identify, contact, and place a child or young adult with relatives and to place
siblings together as required under Child Welfare Policy I-E.1.1, “Search for
and Engagement of a Child’s Relatives”, OAR 413-070-0060 to 413-070-0087.
(b) Confirmed there are no current Department actions
to identify or assess a child’s or young adult’s relative who has either
expressed an interest in and needs to be or currently is being assessed as a
permanency resource.
(3) The Department must base consideration of each
permanency plan on the individual safety, permanency, and well-being needs of a
child or young adult. A child’s age or disability is never a disqualifier for a
more preferred permanency plan.
Stat. Auth.: ORS 109.328, 418.005
Stats Implemented: ORS 109.328,
418.005
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 13-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 28-2010, f. & cert. ef.
12-29-10
413-070-0540
Determination of APPLA as a
Child’s or Young Adult’s Permanency Plan
(1) When the Department is considering a change in a
child or young adult’s permanency plan, the Department makes the determination
pursuant to Child Welfare Policy I-E.3.6, “Legal Permanency, Concurrent
Planning, and Use of Permanency Committee”, OAR 413-070-0500 to 413-070-0519.
(2) Prior to the permanency committee, when APPLA
— permanent foster care is being considered as the most appropriate
permanency plan for a child or young adult, the caseworker must:
(a) Meet with the substitute caregiver to:
(A) Assess interest in and commitment to a permanent
foster care agreement with each substitute caregiver as long as APPLA —
permanent foster care is the permanency plan for the child or young adult; and
(B) Review the requirements, responsibilities, and
approval process for the permanent foster care agreement with each substitute
caregiver.
(b) Meet with the child or young adult, as
developmentally appropriate, to assess interest in APPLA - permanent foster
care as the permanency plan.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005,
418.937, 418.941, 419A.004
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 13-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 28-2010, f. & cert. ef.
12-29-10
413-070-0550
Approval and Implementation of an
APPLA Permanency Plan
(1) The permanency committee must consider the best
interests of the child or young adult under consideration and consider each of
the following factors when making a recommendation regarding APPLA:
(a) How an APPLA permanency plan meets safety,
permanency, and well-being needs of the child or young adult, and is in the
best interests of the child or young adult.
(b) Whether the Department has provided the child or
young adult, and the child or young adult’s parents, an opportunity to identify
available permanency resources.
(c) The parents’ acceptance of APPLA as a permanency
plan and their desire for continued contact with the child or young adult.
(d) Whether the child or young adult’s substitute
caregiver is able to meet the child or young adult’s needs pursuant to OAR
413-070-0640 in Child Welfare Policy I-E.3.1, “Placement Matching”.
(e) Consideration of each of the more preferred
permanency plans described in OAR 413-070-0536(1) and identification of the
compelling reasons why return home, adoption, or guardianship cannot be
achieved.
(f) When the child or young adult has siblings, the
sufficiency of the plan for continued contact unless such contact is not in the
best interests of the child or young adult and each sibling.
(2) After completing the review under section (1) of
this rule, the permanency committee considers all of the information,
deliberates, and, when committee members agree, makes a recommendation to the
Child Welfare Program Manager or designee.
(3) When the permanency committee cannot reach agreement,
each permanency committee member makes his or her respective recommendations
known to the committee facilitator.
(4) The Child Welfare Program Manager, or designee who
makes the decision on behalf of the Department, must consider all of the following
when making the decision:
(a) The considerations in section (1) of this rule.
(b) The information presented to the permanency
committee.
(c) The recommendation of the permanency committee.
(5) Within 30 days of the Department’s decision to
approve an APPLA permanency plan under OAR 413-070-0519, the caseworker must
request a permanency hearing before the court. At the court hearing, the
caseworker must:
(a) Recommend that the court issue an order approving
the APPLA plan;
(b) Set forth the compelling reasons why it would not
be in the best interests of the child or young adult to return home, be placed
for adoption, or be placed with a guardian;
(c) Set forth a timetable for the child or young
adult’s placement in another planned permanent living arrangement;
(d) Set forth the reasonable services the Department
may offer each parent to meet the best interests of the child or young adult
until a more preferred permanency plan is achieved, the child reaches the age
of majority, reaches independence, or the juvenile court relieves the
Department of legal custody of the child or young adult; and
(e) Set forth the type and amount of parent-child and
child-sibling contact and involvement until a more preferred permanency plan is
achieved, the child reaches age of majority, reaches independence, or the
juvenile court relieves the Department of legal custody of the child or young
adult.
(6) When the court previously has ordered or the
Department recommends that no contact be allowed between parent and child, or
child and sibling, the caseworker must request that the court issue a standing
protective order, including the reasons why no contact is allowed.
(7) When the APPLA plan does not receive Department
approval, within 30 days the caseworker must:
(a) Inform the child or young adult, the child’s or
young adult’s substitute caregivers, the child’s or young adult’s parents, the
child’s or young adult’s attorney, the child’s court appointed special
advocate, and other persons with significant involvement in the child’s or
young adult’s life; and
(b) Consult with the child’s team to reconsider the
child’s or young adult’s other permanency options.
Stat. Auth.: ORS 418.005,
419A.004(17)
Stats Implemented: ORS 418.005,
419A.004(17)
Hist.: CWP 17-2009, f. & cert.
ef. 11-3-09; CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP
28-2010, f. & cert. ef. 12-29-10
413-070-0551
Contents of an APPLA Case Plan
(1) When requesting the change to a permanency plan of
APPLA to the court, the caseworker must document how the Department plans to
address each subsection of this section in the child or young adult’s case
plan. The case plan must include the following information:
(a) Family composition, which includes the identifying
information of each parent (unless parental rights have been terminated), legal
guardian, and sibling.
(b) Except when parental rights have been terminated,
safety threats identified in a CPS assessment under Child Welfare Policy
I-AB.4, “CPS Assessment”, OAR 413-015-0400 to 413-015-0485.
(c) Except when parental rights have been terminated,
the ongoing safety plan as described in Child Welfare Policy I-AB.4, “CPS
Assessment” OAR 413-015-0400 to 413-015-0485 and recorded in the Department’s
information system.
(d) A description of how the Department determined the
APPLA is the most appropriate permanency plan for the child or young adult, and
each compelling reason why the more preferred permanency plan options were not
selected for the child or young adult.
(e) A description of how the child or young adult’s
attachments and relationships with each parent, sibling, other family member,
advocate, substitute caregiver, and other person who provides continuity,
belonging, stability, support, nurturing, and caring relationships and cultural
connections for the child may be developed while the child is in substitute
care and maintained when the child reaches the age of majority or the juvenile
court relieves the Department of legal custody of the child or young adult. When
appropriate, the description may include the following:
(A) A description of how each parent and sibling of the
child or young adult may participate actively in the life of the child or young
adult.
(B) For each existing relationship the child or young
adult has with a permanent adult caregiver or adult parental figure who is
capable of sustaining a significant relationship with the child or young adult,
a description of how the relationship may be maintained.
(C) A description of how relationships with relatives
and other persons involved in the child or young adult’s life may be developed
and maintained.
(D) Current placement information including the
location of the child or young adult when the substitute caregiver authorizes
release of the address, except when doing so would jeopardize the safety of the
child.
(E) The child or young adult’s record of visits with
his or her parents or siblings.
(f) When applicable, a description of the plan to
transition a developmentally delayed child to an appropriate program for adults
who are developmentally delayed.
(g) The comprehensive transition plan required by Child
Welfare Policy I-B.2.3.5, “Youth Transitions”, OAR 413-030-0400 to 413-030-0460
for any child 14 years of age or older and services that prepare the child or
young adult to transition to adulthood.
(h) A description of the reasonable efforts made by the
Department to put the services and structures described in this rule in place
to meet the needs of the child or young adult and to enhance the stability of
the child’s living arrangement when the child or young adult is not living with
a specified adult.
(i) A description of the services the Department must
provide to ensure the emotional, medical, educational, cultural, and physical
needs of the child or young adult are being met, including:
(A) The child or young adult’s health information,
which documents the child or young adult’s specialized medical, dental, and
mental health services; and
(B) The child or young adult’s education services,
including the school or educational placement history of the child or young
adult, high school credits earned for a child over 14 years of age or a young
adult, and any special educational needs.
(j) The services required to prepare the child or young
adult to live in the least restrictive setting possible at the most appropriate
time.
(k) The services that may make it possible to achieve a
more preferred permanency plan listed in OAR 413-070-0536(1) for the child or
young adult.
(l) The services the Department may continue to make
available to the child or young adult’s parents, upon request, that continue to
be in the best interests of the child or young adult.
(2) Except when parental rights have been terminated or
the Department is unable to obtain the signature of the parent or legal
guardian, the case plan must include the signature of the caseworker, the
supervisor, and each parent or legal guardian as described in Child Welfare
Policy I-B.3.1, “Developing and Managing the Case Plan”, OAR 413-040-0000 to
413-040-0032.
Stat. Auth.: ORS 418.005
Stats Implemented: ORS 418.005,
419A.004
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; Renumbered from
413-070-0548, CWP 28-2010, f. & cert. ef. 12-29-10
413-070-0552
Ongoing Department
Responsibilities When APPLA is the Child’s or Young Adult’s Permanency Plan
(1) When APPLA is the court approved permanency plan
for a child or young adult in the Department’s legal custody, the child or
young adult’s caseworker must:
(a) Discuss the child or young adult’s needs with the
substitute caregiver and the child or young adult during face to face and other
contacts, and routinely discuss needs, benefits, barriers, and solutions
towards achieving a more preferred permanency option;
(b) Have contact with the child or young adult, with
the substitute caregiver, and monitor child or young adult safety as described
in Child Welfare Policy I-B.1, “Monitoring Child Safety”, OAR 413-080-0040 to
413-080-0067;
(c) Provide timely assessment and services for
identified needs of the child or young adult, the child or young adult’s
substitute caregiver, or the child or young adult’s parents;
(d) As soon as possible after the child reaches 14
years of age initiate comprehensive transition planning as described in Child
Welfare Policy I-B.2.3.5, “Youth Transitions”, OAR 413-030-0400 to
413-030-0460;
(e) Ensure an annual review of Department efforts to
identify and contact a child or young adult’s relatives and efforts to place
with or develop and maintain a child or young adult’s connection and support
with relatives is completed;
(f) Monitor the case plan and complete the required
case plan reviews; and
(g) Submit to the court and to the citizen review board
the case plan updates required in Child Welfare Policy I-I.2, “Narrative
Recording”, and, when the APPLA plan is APPLA — permanent foster care,
submit a copy of the permanent foster care agreement.
(2) In addition to the requirements of section (1) of
this rule, when the child or young adult has an approved APPLA —
permanent foster care plan:
(a) The Department must continue to assess requirements
for certification of a foster home pursuant to Child Welfare Policy II-B.1.1,
“Department Responsibilities for Certification and Supervision of Relative
Caregivers, Foster Parents, and Pre-Adoptive Parents”, OAR 413-200-0270 to
413-200-0296; and
(b) The substitute caregiver must:
(A) Maintain a current Certificate of Approval and
follow the requirements of the Department pursuant to Child Welfare Policy
II-B.1, “Certification Standards for Foster Parents, Relative Caregivers, and
Pre-Adoptive Parents”, OAR 413-200-0301 to 413-200-0396;
(B) Follow the requirements of the Department regarding
a child or young adult’s education, medical care, mental health care, and other
services requested by the Department to meet the needs of the child or young
adult;
(C) Maintain residence in the state of Oregon unless
the ICPC referral has been submitted to the receiving state and approval to
move has been obtained from the Department and the court prior to the move
outside of Oregon; and
(D) Maintain residence in the ICPC approved state if
the substitute caregiver lives in another state.
Stat. Auth.: ORS 418.005 &
419A.004(17)
Stats Implemented: ORS 418.005
& 419A.004(17)
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 28-2010, f.
& cert. ef. 12-29-10
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 take place in a face-to-face
meeting with the child or young adult, and may include members of the team of
the child or young adult.
(A) When appropriate, the meeting may include a parent
or legal guardian, unless the parent or legal guardian is not available for the
review. When a parent or legal guardian is unavailable, the caseworker must
document the reason the parent or legal guardian was unavailable and the
efforts made to involve the parent or legal guardian.
(B) During the meeting the caseworker must consider
input received from the child or young adult, other participants in the
meeting, and other information received from service providers, substitute
caregivers, a child or young adult’s attorney, a child or young adult’s court
appointed special advocate, the tribe if the child is an ICWA child, persons
with significant attachments to the child or young adult, and a child or young
adult’s relatives.
(b) After the meeting described in subsection (a) of
this section, the caseworker must document in the case record:
(A) Whether the current placement continues to be the
least restrictive setting available to meet the safety and permanency needs of
the child or young adult; or
(B) Whether a more permanent permanency plan, such as
reunification, adoption, or guardianship is more appropriate for the child or
young adult.
(2) When an APPLA has been approved by the court as the
permanency plan for a child or young adult in the legal custody of the
Department, the Department must notify the court and request a review or permanency
hearing:
(a) Not less frequently than once every 12 months while
the child or young adult remains in substitute care in accordance with ORS
419B.470(2).
(b) Unless good cause is shown, at any time upon the
request of the Department, a substitute caregiver directly responsible for the
care of the child or young adult, a parent of the child or young adult, an
attorney for the child or young adult, a court appointed special advocate, a
citizen review board, or a tribal court in accordance with ORS 419B.470(5).
(c) By the citizen review board no less frequently than
every six months in accordance with ORS 419A.106(1)(a) unless the court has
relieved the citizen review board of its responsibility to review a case in
accordance with ORS 419A.106(1)(b).
(d) Within 90 days of a change of substitute care placement.
Stat. Auth.: ORS 418.005,
419A.004(17), 419B. 470
Stats Implemented: ORS 418.005,
419A.004(17), 419B. 470
Hist.: CWP 15-2006, f. 6-30-06,
cert. ef. 7-1-06; CWP 17-2009, f. & cert. ef. 11-3-09; CWP 28-2010, f.
& cert. ef. 12-29-10
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
Connections and Support is no longer the appropriate permanency plan for the
child or young adult.
(2) The APPLA — permanent foster care plan and
agreement must be terminated when:
(a) The child reaches the age of majority under ORS
419A.004(17);
(b) Court wardship is terminated;
(c) The court determines that APPLA — permanent
foster care is no longer the appropriate permanency plan for the child;
(d) One of the more preferred permanency plans
described in OAR 413-070-0536(1) is achieved;
(e) The Department and the substitute caregiver
mutually consent to termination;
(f) The foster parent or relative caregiver fails to
maintain a current Certificate of Approval in accordance to Child Welfare
Policies II-B.1, “Certification Standards for Foster Parents, Relative
Caregivers, and Pre-Adoptive Parents”, OAR 413-200-0301 to 413-200-0396 and
II-B.1.1, “Department Responsibilities for Certification and Supervision of
Relative Caregivers, Foster Parents and Pre-Adoptive Parents”, OAR 413-200-0270
to 413-200-0296, including when the certificate has been revoked or denied;
(g) The child or young adult is removed from the
substitute caregiver by the Department; or
(h) The child or young adult requests, and a Child Welfare
Program Manager approves, termination of the agreement because of serious or
extraordinary circumstances.
(3) The Department must provide written notification to
the court of any change in the placement of the child or young adult.
(4) If a child or young adult is removed from court
approved APPLA — permanent foster care, the caseworker must request a
permanency hearing within 90 days after the date of the change in placement to
review the permanency plan for the child or young adult under ORS 419B.470(3).
Stat. Auth: ORS 418.005,
419A.004(17), 419B. 470
Stats. Implemented: ORS
419A.004(17) & 419B.470
Hist.: CWP 17-2009, f. & cert.
ef. 11-3-09; CWP 28-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 29-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Amended: 413-070-0600, 413-070-0620, 413-070-0625,
413-070-0630, 413-070-0640, 413-070-0645
Subject: OAR 413-070-0600, 413-070-0620, 413-070-0625,
413-070-0630, 413-070-0640, and 413-070-0645 about placement matching for
children and young adults in substitute care are being amended to reflect
current Department terminology, policy, and practices. These amendments incorporate
policies and practices developed as the Department sought to comply with
federal and state laws regarding temporary and permanent placement selection.
The amended rules lend clarity by refining new terms implemented with the
terminology, policy, and practice changes regarding permanency placement
matching, and permanency placement decisions for children in the care and
custody of the Department. OAR 413-070-0600 also is being amended to restate
the purpose of these rules is to describe the Department’s responsibilities for
placement matching during both substitute care and when planning for
permanency. OAR 413-070-0620 defining certain terms used in these rules also is
being amended to amend the definitions of CANS screening, caregiver relationship,
Indian child, and relative. OAR 413-070-0625 about identifying and assessing
the needs of a child or young adult when placement in substitute care is
required also needs to be amended to state the placement preferences for a
child in substitute care. OAR 413-070-0630 about monitoring the ongoing
substitute care placement need of the child or young adult also needs to be
amended to restate language about the factors to assess when monitoring the
needs of the child in substitute care. OAR 413-070-0640 about placement
assessment and matching also needs to be amended to restate the assessment and
matching requirements for substitute care and for permanency placement
resources. OAR 413-070-0645 about involving the substitute caregiver in the
concurrent permanency plan also is being amended to clarify cross-references
and terms used.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-070-0600
Purpose
The purpose of these rules (OAR 413-070-0600 to
413-070-0645) is:
(1) To 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) To identify the most appropriate available
substitute caregiver who can meet the needs of the child or young adult; and
(3) To describe the requirements for assessing and
matching a potential caregiver’s ability to meet the current and lifelong needs
of the child or young adult for safety, permanency, and well-being.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
& 419B.192
Hist.: SOSCF 13-1999, f. 7-8-99,
cert. ef. 7-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 26-2007(Temp),
f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 8-2008, f. 6-27-08, cert. ef.
6-28-08; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f. & cert.
ef. 12-29-10
413-070-0620
Definitions
The following definitions apply to OAR 413-070-0600 to
413-070-0645:
(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 where no
administrative review was requested within the timeframe allowed for such a request,
or if a review was requested, the selection has been sustained by that review
and the review is complete.
(2) “CANS screening” means Child and Adolescent Needs
and Strengths screening, a process of integrating information on the needs and
strengths of a child or young adult. The Department uses a CANS screening for
the following purposes:
(a) Case planning, service planning, determining the
supervision needs, and the level of care for the child or young adult in
substitute care with a certified family; and
(b) Determining the level of care included in an
Adoption Assistance payment or Guardianship Assistance payment.
(3) “Caregiver relationship” means a relationship
between a person and a child or young adult that meets the requirements of all
of the following subsections:
(a) The relationship has existed for the 12 months
immediately preceding the initiation of a dependency proceeding, for at least
six months during a dependency proceeding, or for half of the child’s life if
the child is less than six months of age. A caregiver relationship does not
include a relationship between a child or young adult and a person who is an
unrelated foster parent of the child or young adult unless the relationship
continued for a period of at least twelve consecutive months.
(b) The person had physical custody of the child or
young adult or resided in the same household as the child and provided the
child or young adult on a daily basis with the love, nurturing and other
necessities required to meet the psychological and physical needs of the child
or young adult.
(c) The child or young adult depended on the
relationship to meet the needs of the child or young adult.
(4) “Child” means a person under 18 years of age.
(5) “Department” means the Department of Human
Services, Child Welfare.
(6) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for an unrelated child
or young adult placed in the home by the Department.
(7) “Indian child” means any unmarried person who is
under age 18 and is either:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is
the biological child of a member of an Indian tribe.
(8) “Parent” means the biological or adoptive mother or
the legal father of the child. A legal father is a man who has adopted the
child or whose paternity has been established or declared under ORS 109.070,
ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian
child under the Indian Child Welfare Act (ICWA), a legal father includes a man
who is a father under applicable tribal law. “Parent” also includes a putative
father who has demonstrated a direct and significant commitment to the child by
assuming or attempting to assume responsibilities normally associated with
parenthood, unless a court finds that the putative father is not the legal
father.
(9) “Provider” means a person approved by a licensed
private child-caring agency to provide care for a child or young adult, or an
employee of a licensed private child-caring agency approved to provide care for
a child or young adult.
(10) “Refugee child” means, as defined under ORS
418.925, a person under 18 years of age who has entered the United States and
is unwilling or unable to return to the person’s country because of persecution
or a well-founded fear of persecution on account of race, religion, sex, sexual
orientation, nationality, membership in a particular group, or political
opinion, or whose parents entered the United States within the preceding 10
years and are or were unwilling or unable to return to their country because of
persecution or a well-founded fear of persecution on account of race, religion,
sex, sexual orientation, nationality, membership in a particular group, or
political opinion.
(a) As used in this section, “persecution” means that
harm or suffering will be inflicted upon the person to punish the person for
possessing a particular belief or characteristic. “Persecution” does not
include harm and suffering that is inflicted on persons generally by reason of
civil or military strife in a country.
(b) As used in this section, “fear of persecution”
means an apprehension or awareness, based on external objective facts, that the
person will suffer persecution upon return to the person’s country.
(11) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult
entering substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children” OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of the child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of the child or young adult when the half-sibling of the
child or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult; or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) The Department has approved the foster parent for
consideration as a guardian.
(12) “Relative caregiver” means a person who operates a
home that has been approved by the Department to provide care for a related
child or young adult who is placed in the home by the Department.
(13) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the legal or biological
parents of the children or young adults; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(14) “Substitute care” means an out-of-home placement
of a child or young adult who is in the legal or physical custody and care of
the Department.
(15) “Substitute caregiver” means a relative caregiver,
foster parent, or provider who is authorized to provide care to a child or
young adult who is in the legal or physical custody of the Department.
(16) “Young adult” means a person aged 18 through 20
years who remains in the care and custody of the Department, and lives in
substitute care or lives independently through the Department’s Independent
Living Subsidy Program.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
419A.004 & 419B.192
Hist.: SOSCF 13-1999, f. 7-8-99,
cert. ef. 7-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 26-2007(Temp),
f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 8-2008, f. 6-27-08, cert. ef.
6-28-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP
21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f. & cert. ef. 12-29-10
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) Involve the parent or legal guardian of the child
or young adult and the child or young adult as developmentally appropriate in
identifying substitute care placement resources whenever possible.
(b) Assess the ability of each potential substitute
caregiver to provide safety for the child or young adult.
(c) Assess the potential substitute care placements in
the order of preference under OAR 413-070-0220 and 413-070-0320, when the child
or young adult is an Indian child or refugee child.
(d) Except as provided in subsection (c) of this
section, assess the potential substitute care placements in the following order
of preference:
(A) A relative of the child or young adult who can be
certified by the Department;
(B) A person who has a caregiver relationship with the
child or young adult and can be certified by the Department;
(C) A foster parent who is certified by the Department,
or a provider who is approved through a licensed child-caring agency.
(e) Consider the use of a family meeting to seek the
family’s placement preferences if more than one person requests to have the
child or young adult placed with them; and
(f) Consider whether the potential substitute care
placement --
(A) Has the ability to provide safety for the child or
young adult and, when there are one or more siblings, each of the siblings;
(B) Is willing to cooperate with any restrictions
placed on contact between the child or young adult, and others;
(C) Has the ability to prevent anyone from influencing
the child or young adult in regard to the allegations of the case;
(D) Has the ability to support the efforts of the
Department to implement the permanent plan for the child or young adult; and
(E) Has the ability to meet the physical, emotional,
and educational needs of the child or young adult, including the need of the
child or young adult to continue in the same school or educational placement.
(g) Ensure that the substitute care placement is the
most home-like, least restrictive available to meet the needs of the child or
young adult.
(h) Assure that the race, color, or national origin of
the child, young adult, or substitute care placement is not a consideration
when assessing a substitute care placement.
(2) When a child or young adult is placed in substitute
care and has a sibling who is currently in or also needs substitute care, the
caseworker must make diligent efforts to place siblings together unless placing
the siblings together is not in the best interests of the child or young adult,
or the sibling of the child or young adult.
(3) Within 30 days of the placement of the child or
young adult in a substitute care setting, the caseworker must reconsider
whether the substitute caregiver is able to meet the requirements in subsection
(1)(f) of this rule and assess whether the following placement considerations
are met:
(a) The placement is in close proximity to the parents
or legal guardians of the child or young adult;
(b) The placement is in close proximity to the
community of the child or young adult;
(c) If in the best interests of the child and siblings
as set forth in section (2) of this rule, the siblings are together in
placement; and
(d) The culture and family identity of the child or
young adult are supported by the placement.
(4) After consultation with the supervisor, when the
caseworker determines the substitute care placement does not meet one or more
of the placement considerations in subsection (1)(f) or section (3) of this
rule, the caseworker must:
(a) Determine whether remaining in the substitute care
placement is in the best interests of the child or young adult;
(b) Work with Department staff to secure another
substitute care placement for the child or young adult when appropriate; and
(c) Document the basis for the determination and
subsequent actions in the Department’s information system.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
& 419B.192
Hist.: CWP 4-2007, f. & cert.
ef. 3-20-07; CWP 26-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP
8-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 6-2009(Temp), f. & cert. ef.
7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f.
& cert. ef. 12-29-10
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 placement considerations of OAR
413-070-0625; and
(b) Manages the supervision needs of the child or young
adult as identified in the CANS screening and other current assessments or
evaluations of the child or young adult.
(2) The caseworker must assess the ongoing and
permanency needs of the child or young adult:
(a) For physical and emotional safety;
(b) To promote and preserve existing attachments to
family;
(c) For continuity and familiarity;
(d) For appropriate educational, developmental,
emotional, and physical support;
(e) For stability and permanency; and
(f) For maintaining his or her identity and cultural
and religious heritage.
(3) During the required face-to-face contacts with the
child or young adult, the caseworker must:
(a) Confirm that the substitute caregiver can maintain
the safety and well-being of the child or young adult, as described in Child
Welfare Policy I-B.1, “Monitoring Child Safety”, OAR 413-080-0059(2)(a) when
the child or young adult is with a relative caregiver or foster parent or OAR
413-080-0059(3) when the child or young adult is with a provider;
(b) Develop and maintain a good working relationship
with the child or young adult;
(c) Observe the child or young adult in an
age-appropriate and comfortable setting;
(d) Gather updated information on the physical and
mental health as well as educational, behavioral, and developmental progress of
the child or young adult;
(e) Share updated information about the case plan and
permanency plan for the child or young adult with the substitute caregiver and
as permitted by state or federal law; and
(f) Document the date, time, and location of the
contact, observations, and updated information in the Department’s information
system.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
419B.192
Hist.: SOSCF 13-1999, f. 7-8-99,
cert. ef. 7-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 6-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09;
CWP 29-2010, f. & cert. ef. 12-29-10
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, permanency, and
well-being:
(a) Are currently met in substitute care at each 90 day
case plan review; and
(b) Will be met with a potential adoptive resource or
potential guardian during the permanency planning process.
(2) Physical and emotional safety. To determine the
extent to which the placement, potential adoptive resource, or potential
guardian meets the needs for physical and emotional safety of the child or
young adult, the caseworker must determine whether the following conditions
exist in the home.
(a) The substitute caregiver, potential adoptive
resource, or potential guardian has the skill level or willingness to acquire
the skills necessary to meet the physical, emotional, and supervisory needs for
the child or young adult;
(b) The substitute caregiver, potential adoptive
resource, or potential guardian has the skill level to care for this child or
young adult given the age, number, and gender of all other children or young
adults in the home;
(c) The behavioral characteristics of children or young
adults currently in the placement are such that the substitute caregiver,
potential adoptive resource, or potential guardian can protect the child or
young adult from further victimization and from harming self or others;
(d) The substitute caregiver, potential adoptive
resource, or potential guardian has the ability to protect the child or young
adult from inappropriate contact with those who may harm the child or young
adult; and
(e) The physical layout of the home permits the
substitute caregiver, potential adoptive resource, or potential guardian to
safely supervise the children or young adults in the home.
(3) Attachment to family. To determine the extent to
which the placement, potential adoptive resource, or potential guardian meets
the need of the child or young adult to promote and preserve attachment to his
or her family, the caseworker must consider whether:
(a) The family of the child or young adult has
expressed a preference in placement;
(b) The child or young adult has requested a particular
placement;
(c) The relative caregiver, foster parent, provider,
potential adoptive resource, or potential guardian demonstrates the ability --
(A) To promote and support the attachment of the child
or young adult through visitation and other types of contact with the family of
the child or young adult;
(B) To accommodate the placement of the siblings of the
child or young adult in the home;
(C) To accommodate regular contact between the child or
young adult and his or her siblings when the child or young adult is not placed
with his or her siblings and regular contact is in the best interests of the
child or young adult; and
(D) To provide mutual care when both the child and
parent require placement. As used in this rule, “mutual care” means the
out-of-home placement of a parent and child together where one or both are in
the legal custody of the Department.
(4) Continuity and familiarity. To determine the extent
that the placement, potential adoptive resource, or potential guardian meets
the need of the child or young adult for continuity and familiarity, the
caseworker must consider:
(a) The extent of the pre-existing relationship of the
child or young adult with the relative caregiver, foster parent, provider,
potential adoptive resource, or potential guardian;
(b) The proximity of the placement to the neighborhood,
school, or educational placement of the child or young adult, and parent or
legal guardian; and
(c) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian can provide a
permanent home or facilitate transition to a permanent home for the child or
young adult.
(5) To determine the extent that a particular
placement, potential adoptive resource, or potential guardian meets the need of
the child or young adult for appropriate educational, developmental, emotional,
and physical support, the caseworker must consider:
(a) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian demonstrates
competency in meeting the specific and unique needs of the child or young adult
or is acquiring the skills necessary to meet specific and unique needs of the
child or young adult;
(b) Whether the ability of the relative caregiver,
foster parent, provider, potential adoptive resource, or potential guardian to
meet the specific and unique needs of the child or young adult is influenced by
the number and type of children in the home; and
(c) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian is willing and
able to assist with, participate in, and act as an advocate for the child or
young adult in his or her education and treatment plan.
(6) Permanent family relationships. To determine the
extent that a potential adoptive resource or potential guardian meets the need
of the child or young adult for a current and lifelong family relationship, the
caseworker must consider:
(a) Whether the potential adoptive resource or
potential guardian can permanently integrate the child into the family during
childhood.
(b) Whether potential adoptive resource or potential
guardian will be accessible and supportive to the child in adulthood.
(7) Stability. To determine the extent to which the
placement, potential adoptive resource, or potential guardian meets the need of
the child or young adult for stability, the caseworker must consider:
(a) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian has expressed a
desire to provide permanency for a particular child or young adult;
(b) Whether the ability of the relative caregiver,
foster parent, provider, potential adoptive resource, or potential guardian to
provide support and to nurture the child or young adult is influenced by the
number of children or young adults in the home; and
(c) Whether the capacity of the relative caregiver,
foster parent, provider, potential adoptive resource, or potential guardian to
recognize the needs of the child or young adult, and build on the strengths of
the child or young adult, is sufficient to meet the long-term or lifelong
placement needs of the child or young adult.
(8) Identity, development, cultural, religious, and
spiritual background and connections. To determine whether the placement,
potential adoptive resource, or potential guardian can support the identity,
development, and cultural and religious or spiritual background and connections
of the child or young adult, the caseworker must consider:
(a) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian has the ability to
appreciate, nurture, support, and reinforce the identity, development,
cultural, religious and spiritual background and connections of the child or
young adult;
(b) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian has the ability to
support the development of the child or young adult, and help the child or
young adult with problems that the child or young adult may encounter;
(c) Whether the relative caregiver, foster parent,
provider, potential adoptive resource, or potential guardian has the ability to
communicate effectively with the child or young adult; and
(d) Whether the child or young adult has adjusted to
the placement or is able to adjust to a guardian’s home or an adoptive home.
(9) After making the determinations in sections (2) to
(8) of this rule, the caseworker must document the extent to which the need of
the child or young adult for safety, permanency, and well-being are or can be
met:
(a) In the documentation of the 90-day case plan review
when the child is in substitute care; or
(b) In the documentation of the selection of a guardian
or adoptive resource.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
& 419B.192
Hist.: SOSCF 13-1999, f. 7-8-99,
cert. ef. 7-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 26-2007(Temp),
f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 8-2008, f. 6-27-08, cert. ef.
6-28-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP
21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f. & cert. ef. 12-29-10
413-070-0645
Involving the Substitute Caregiver
in the Concurrent Permanency Plan
The caseworker must:
(1) Determine whether the relative caregiver, foster
parent, or provider is willing to continue as the placement resource, has the
skills and abilities to meet the need of the child or young adult for safety
and well-being, and is willing to work with the Department while the concurrent
permanent plan for the child or young adult is implemented by the Department;
and
(2) Provide the relative caregiver, foster parent, or
provider with the opportunity to have input into a permanency plan.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
419B.192
Hist.: CWP 4-2007, f. & cert.
ef. 3-20-07; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f. &
cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 30-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-110-0132, 413-110-0150
Rules Amended: 413-110-0100, 413-110-0110, 413-110-0130
Rules Repealed: 413-110-0120, 413-110-0140
Subject: OAR 413-110-0100 about the purpose of the Department’s
sibling permanency placement planning rules (OAR 413-110-0100 to 413-110-0150),
OAR 413-110-0110 about the definitions used in these rules, and OAR
413-110-0130 about the Department’s priorities when developing a permanency
plan for siblings, are being amended; and OAR 413-110-0132 about how the
Department considers and determines whether to adopt a permanency plan
recommending permanent separation of siblings and OAR 413-110-0150 about the
Department’s recruitment efforts to identify a potential guardian or adoptive
resource who can initiate and maintain connections between siblings when
separation of siblings has occurred as a result of a Department action or
decision are being adopted; and OAR 413-110-0120 about the values the
Department considered when developing a permanency plan for siblings and OAR
413-110-0140 about how the Department reviews and the notice the Department
provides regarding a permanency committee recommendation regarding permanent
separation of siblings are being repealed. These rule changes clarify the
Department’s policy regarding permanency plans resulting in separation of
siblings, include definitions used throughout these rules; reflect current
Department policy, practice, and terminology; and make permanent a number of
changes initially adopted by temporary rule changes on July 1, 2010.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-110-0100
Purpose
These administrative rules (OAR 413-110-0100 to
413-110-0150) 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.
Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005,
419B.192
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; CWP 48-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 8-2006, f. &
cert. ef. 5-1-06; CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10;
CWP 30-2010, f. & cert. ef. 12-29-10
413-110-0110
Definitions
The following definitions apply to these rules, OAR
413-110-0100 to 413-110-0150:
(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 where no
administrative review was requested within the timeframe allowed for such a request,
or if a review was requested, the selection has been sustained by that review
and the review is complete.
(2) “Child” means a person under 18 years of age.
(3) “Committee facilitator” means a Department staff
member appointed as a member of the committee to facilitate a permanency
committee or adoption committee meeting.
(4) “Department” means the Department of Human
Services, Child Welfare.
(5) “Permanency committee” means a group of individuals
who are responsible for making a recommendation regarding a permanency plan or
a potential permanency resource when the child or young adult likely is not
returning to his or her parent.
(6) “Permanency plan” means a written course of action
for achieving safe and lasting family resources for the child. Although the
plan may change as more information becomes available, the goal is to develop
safe and permanent family resources with the parents, relatives, or other
people who will assume legal responsibility for the child during the remaining
years of dependency and be accessible and supportive to the child in adulthood.
(7) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the children’s or young
adults’ legal or biological parents; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(8) “Substitute care” means an out-of-home placement of
a child or young adult who is in the legal or physical custody and care of the
Department.
Stat. Auth.: ORS 418.005, 418.925,
418.937, 418.945, 419B.192
Stats. Implemented: ORS 418.005,
418.925, 418.937, 418.945, 419B.192
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 19-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 48-2003, f.
12-31-03, cert. ef. 1-1-04; CWP 8-2006, f. & cert. ef. 5-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 30-2010, f. &
cert. ef. 12-29-10
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 from one or more siblings in substitute care, the
Department must make diligent efforts to place the siblings together in
substitute care, so long as it is in the child’s best interests, regardless of
each child’s permanency plan.
(a) The caseworker must document the efforts to place
siblings together in substitute care in the Department’s information system.
(b) If siblings are placed separately in substitute
care, the Department must ensure that the children have the opportunity for
regular, ongoing contact unless contact is not in the best interest of the
child or one or more of the siblings.
(3) When the Department is considering the permanent
separation of one or more siblings through adoption, the caseworker must
schedule a permanency committee for a recommendation and decision pursuant to
Child Welfare Policy I-E.3.6, Legal Permanency, Concurrent Planning, and Use of
Permanency Committee, OAR 413-070-0500 to 413-070-0519.
Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005,
419B.192
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 19-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 48-2003, f.
12-31-03, cert. ef. 1-1-04; CWP 8-2006, f. & cert. ef. 5-1-06; CWP
13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 30-2010, f. &
cert. ef. 12-29-10
413-110-0132
Consideration of Sibling
Separation
(1) When considering permanent separation of siblings
in the legal custody of the Department through adoption, the permanency
committee must consider the best interests of each child in the sibling group
under consideration, and each of the following factors when making a
recommendation:
(a) The current and lifelong needs of each child and of
each sibling in the sibling group under consideration;
(b) The existence of each child’s significant emotional
ties to each sibling in the sibling group under consideration;
(c) The needs of each child and each sibling in the
sibling group under consideration for each of the following:
(A) Physical and emotional safety;
(B) Ability to develop and maintain current and
lifelong connections with the child’s family;
(C) Continuity and familiarity;
(D) Appropriate educational, developmental, emotional,
and physical support;
(E) Stability and permanency; and
(F) Maintaining his or her identity, cultural,
religious, and spiritual heritage.
(2) After completing the review under section (1) of
this rule, the permanency committee considers all of the information,
deliberates, and, when committee members agree, makes a recommendation to the
Child Welfare Program Manager or designee including one or more of the
following options:
(a) Separation of a child from one or more siblings in
the sibling group under consideration is not in the best interest of the child
or the siblings, and the caseworker must continue to make efforts to place the
siblings together for the purpose of adoption;
(b) Separation of a child from one or more siblings in
the sibling group under consideration for the purpose of adoption is in the
best interests of the child or the siblings; or
(c) When there are multiple siblings, recommendations
with respect to which siblings in the sibling group under consideration should
remain together for the purpose of adoption and how those matches are in the
best interests of each sibling.
(3) When the permanency committee cannot reach
agreement, each permanency committee member makes his or her respective
recommendations known to the committee facilitator.
(4) The Child Welfare Program Manager or designee who
makes the decision on behalf of the Department must consider all of the
following when making the decision:
(a) The considerations in subsections (1)(a)-(c) of
this rule;
(b) The information presented to the permanency
committee; and
(c) The recommendations of the permanency committee.
Stat. Auth.: ORS 418.005, 418.937,
418.945, 419B.192
Stats. Implemented: ORS 418.005,
418.937, 418.945, 419B.192
Hist.: CWP 13-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 30-2010, f. & cert. ef. 12-29-10
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 413-110-0140(1)(b) or
413-110-0140(5), the Department’s efforts to identify a potential guardian or
identify and recruit a potential adoptive resource must include recruitment
efforts to identify a potential guardian or adoptive resource who can initiate
and maintain connections between the child and one or more siblings, unless
such a connection is not in the best interests of the child or one or more
siblings.
(2) When one or more of the following circumstances
exists, and it is in the best interest of the child, the caseworker must make
efforts to identify a potential guardian or identify and recruit an adoptive
resource that also may be able to become the guardian of or adoptive resource
for the child’s siblings:
(a) The child’s mother is pregnant.
(b) The child’s siblings, who are also in substitute
care, do not yet have a permanency plan of adoption.
Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005,
419B.192
Hist.: CWP 13-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 30-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 31-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-120-0021, 413-120-0025, 413-120-0053, 413-120-0057,
413-120-0840, 413-120-0850, 413-120-0860, 413-120-0870
Rules Amended: 413-120-0000, 413-120-0010, 413-120-0020,
413-120-0035, 413-120-0060, 413-120-0800, 413-120-0810, 413-120-0830
Rules Repealed: 413-120-0015, 413-120-0030, 413-120-0040,
413-120-0080, 413-120-0820
Rules Ren. &
Amend: 413-120-0033 to 413-120-0016,
413-120-0045 to 413-120-0880, 413-120-0075 to 413-120-0835
Subject: OAR 413-120-0000 to 413-120-0080 are being changed to
update, clarify, and comply with laws that apply to the Department’s process
when making an adoption placement selection decision for a child in the custody
of the Department. The process is being expanded to be more inclusive to
community partners and allow for different levels of decision making. These
rules make permanent some temporary rule changes made on July 1, 2010. OAR
413-120-0000 is being amended to set out the purpose for the revised rules. OAR
413-120-0010 is being amended to add, remove, and revise certain terms
consistent with the changes in the revised rules. OAR 413-120-0015 is being
repealed to remove language regarding values as these are no longer included in
the Department’s rules. OAR 413-120-0020 is being amended to clarify the
different options available to make a decision regarding adoption placement
selection and the circumstances in which the options may be used. OAR
413-120-0021 is being adopted to set out the selection process and requirements
when the adoption selection decision is being made by the caseworker. OAR 413-120-0025
is being adopted to state the composition of an adoption committee. OAR
413-120-0030 regarding types of adoption committees is being repealed due to
changes in the process described in other rules. OAR 413-120-0033 regarding
confidentiality is being renumbered to 413-120-0016 and amended set out more
specific policies about the confidentiality of information shared during the
adoption selection process. OAR 413-120-0035 is being amended to further
clarify the requirements of the Department regarding invitation, attendance,
and notification of an adoption committee. OAR 413-120-0040 is being repealed
because the requirements about potential families has been revised and included
in other rules. OAR 413-120-0045 regarding efforts to place and not delaying
placement is being renumbered to 413-120-0880 and amended to clarify the
requirements regarding not delaying a placement for adoption when a selected
adoptive resource has been identified. OAR 413-120-0053 is being adopted to set
out and clarify the structure and procedure regarding an adoption committee.
OAR 413-120-0057 is being adopted to set out policies about the role of an
Adoption Decision Specialist. OAR 413-120-0060 is being amended to include
updates and clarifications regarding the review after an adoption selection.
OAR 413-120-0075 about transition to an adoptive home is being renumbered to
413-120-0835 and as amended cross-references the rule that covers the timelines
regarding transition of a child into an adoptive home. OAR 413-120-0080 about
legal consent is being repealed because this topic is covered elsewhere.
OAR 413-120-0800
to 413-120-0880 are being changed to update, clarify, and comply with laws that
apply to the supervision and support of an adoptive placement and to make permanent
some of the temporary rules changes made on July 1, 2010. OAR 413-120-0800 is
being amended to reflect a different structure consistent with other rule sets
and to more clearly indicate the purpose of the rule. OAR 413-120-0810 that
defines certain terms used in these rules is being amended to change the terms
defined consistent with other changes in the rules. OAR 413-120-0820 is being
repealed as values are no longer set out as separate rules. OAR 413-120-0830 is
being amended to restructure the information in a format consistent with other
rules in this set and clarify policies about Department actions prior to
placement. OAR 413-120-0840 is being adopted to describe the requirements
regarding an early transition including who must approve a decision to request
an early transition of a child into an adoptive home prior to requesting
central office approval. OAR 413-120-0850 is being adopted to set out legal
risk agreement requirements for legal risk adoptive placements. OAR
413-120-0860 is being adopted to set out requirements for placement and post
placement supervision removed from other rules and clarify requirements when
requesting an finalization prior to the standard time period for placement for
adoption. This rule includes a requirement that adoptive families be notified
by the Department of tax credits prior to finalization of the adoption. OAR
413-120-0870 is being adopted to clarify the requirements of the Department
when a disruption of an adoptive placement is likely or has occurred, including
information regarding who needs to be consulted and efforts needed to prevent a
disruption.
In addition, the
above rules have also been changed to reflect new Department terminology and to
correct formatting and punctuation.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-120-0000
Purpose
These rules (OAR 413-120-0000 to 413-120-0060) describe
the Department’s responsibilities when making an adoption placement selection
for a child or sibling group who:
(1) Is in the custody of the Department; and
(2) In the case of a sibling group, the Department is
planning to place together for the purposes of adoption.
Stat. Auth.: ORS 418.005, 418.280,
418.285
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 16-1999, f.
& cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP
13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef.
7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0010
Definitions
The following definitions apply to OAR 413-120-0000 to
413-120-0060:
(1) “Adoption committee” means a group of individuals
convened by Department staff to make recommendations to an adoption decision
specialist (ADS) regarding adoptive resources for a child.
(2) “Adoption home study” means a written report
documenting the result of an assessment conducted by the Department, a licensed
adoption agency, or another public agency to evaluate the suitability of an
individual or individuals to adopt and make a lifelong permanent commitment to
a child or children.
(3) “Adoption placement selection” means a decision
made by the Department that an individual or individuals have been identified
as the adoptive resource for the child.
(4) “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 where no
administrative review was requested within the timeframe allowed for such a
request or, if a review was requested, the selection was sustained by that
review and the review is complete.
(5) “ADS” means an Adoption Decision Specialist, who is
a Department employee appointed by the Adoption Program Manager to attend an
adoption committee and make an adoption placement selection for a child.
(6) “Child” means a person under 18 years of age.
(7) “Committee facilitator” means a Department staff
member appointed as a member of the committee to facilitate a permanency
committee or adoption committee meeting.
(8) “Current caretaker” means a foster parent who:
(a) Is currently caring for a child in the legal
custody of the Department who has a permanency plan or concurrent permanent
plan of adoption;
(b) Has cared for the child or at least one sibling in
a sibling group under consideration for at least the past 12 consecutive
months; and
(c) Has been identified by the Department as a
potential adoptive resource for the child and when appropriate, the siblings in
a sibling group under consideration for adoption in the same adoptive family.
(9) “Department” means the Department of Human
Services, Child Welfare.
(10) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for an unrelated child
or young adult placed in the home by the Department.
(11) “General applicant” means an individual who:
(a) Is neither a relative or current caretaker; and
(b) Has submitted a completed application to adopt a
child.
(12) “Indian child” means any unmarried person who is
under age 18 and is either --
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and the
biological child of a member of an Indian tribe.
(13) “Permanency committee” means a group of
individuals who are responsible for making a recommendation regarding a
permanency plan or a potential permanency resource when the child or young
adult likely is not returning to his or her parent.
(14) “RCWAC” means the Refugee Child Welfare Advisory
Committee.
(15) “Refugee child” means, as defined under ORS
418.925, a person under 18 years of age who has entered the United States and
is unwilling or unable to return to the person’s country because of persecution
or a well-founded fear of persecution on account of race, religion, sex, sexual
orientation, nationality, membership in a particular group, or political
opinion, or whose parents entered the United States within the preceding 10
years and are or were unwilling or unable to return to their country because of
persecution or a well-founded fear of persecution on account of race, religion,
sex, sexual orientation, nationality, membership in a particular group, or
political opinion.
(a) As used in this section, “persecution” means that
harm or suffering will be inflicted upon the person to punish the person for
possessing a particular belief or characteristic. “Persecution” does not
include harm and suffering that is inflicted on persons generally by reason of
civil or military strife in a country.
(b) As used in this section, “fear of persecution”
means an apprehension or awareness, based on external objective facts, that the
person will suffer persecution upon return to the person’s country.
(16) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult
entering substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children”, OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of the child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of the child or young adult when the half-sibling of the
child or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult; or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) The Department has approved the foster parent for
consideration as a guardian.
(17) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the legal or biological
parents of the children or young adults; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(18) “Substitute caregiver” means a relative caregiver,
foster parent, or provider who is authorized to provide care to a child or
young adult who is in the legal or physical custody of the Department.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 418.005, 418.280,
418.285, 418.937, 419B.100, 419B.192
Stats. Implemented: ORS 418.005,
418.280, 418.285, 418.937, 419B.100, 419B.192
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 7-1998, f.
& cert. ef. 2-10-98; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF
2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01; SOSCF 35-2001, f.
6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP
13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef.
7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0016
Confidentiality
(1) To be considered as a potential adoptive resource,
each applicant who is the subject of an adoption home study must provide a
signed, valid release of information to release the adoption home study to be
considered in the adoption placement selection.
(2) When the Department considers information in
addition to the adoption home study concerning a potential adoptive resource
during the adoption placement selection, the adoption worker must:
(a) Notify the potential adoptive resource of the
additional written information; and
(b) Have the potential adoptive resource sign a release
of information for the additional written information to be considered in the
adoption placement selection.
(3) The Adoption Program Manager, at his or her
discretion, may determine that any written information released under section
(1) or (2) of this rule must be a summary or redacted copy when:
(a) An individual who is a subject of the adoption home
study or additional information has requested that information be redacted or
summarized; or
(b) There is a conflict of interest as described in Child
Welfare Policy I-G.1.3, “Adoption Application, Home Study and Standards for
Adoption”, OAR 413-120-0222.
(4) Any written information released under section (1),
(2) or (3) of this rule must:
(a) Be kept confidential by the recipients;
(b) Be used only for the purpose of making the
recommendation and selection of a child’s adoptive resource;
(c) Not be redisclosed verbally or in writing;
(d) Not be copied; and
(e) Be returned to the Department when the adoption
placement selection has been made.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
409.225, 418.005, 418.280, 418.285, 418.305, 419A.255
Hist.: SOSCF 16-1999, f. &
cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f.
& cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru
12-28-10; Renumbered from 413-120-0033, CWP 31-2010, f. & cert. ef.
12-29-10
413-120-0020
Adoption Placement Selection Options
When a child has a permanency plan of adoption, the
Department uses one of three options to make an adoption placement selection:
(1) Selection by Caseworker. After considering the
input from the child’s team and following consultation with the supervisor, the
caseworker may make the adoption placement selection for a child or sibling
group under consideration as part of case-planning using the process in OAR
413-120-0021 when the requirements of at least one of the following subsections
is met:
(a) The child is identified as an Indian child and the
adoption placement selection complies with Child Welfare Policy I-E.2.1,
“Placement of Indian Children”, OAR 413-070-0100 to 413-070-0260.
(b) The child is identified as a refugee child and the
adoption placement selection complies with Child Welfare Policy I-E.2.2,
“Placement of Refugee Children”, OAR 413-070-0300 to 413-070-0380.
(c) A relative of a child is being considered alone as
the potential adoptive resource for a child or sibling group under
consideration, unless subsections (3)(c), (3)(d), or (3)(e) of this rule apply.
(d) The Department has conducted a diligent search and
is not assessing, identifying, or considering any relative as a potential
adoptive resource and, unless subsections (3)(c), (3)(d), or (3)(e) of this
rule apply, the requirements of one of the following paragraphs is met:
(A) A current caretaker is being considered alone for a
child or sibling group under consideration.
(B) The child is under six years of age with no
extraordinary needs and each potential adoptive resource is a general
applicant, unless subsection (2)(d) of this rule applies.
(2) Local Adoption Committee and ADS. The local
adoption committee recommends an adoptive resource, and the ADS makes the
adoption placement selection when section (3) of this rule does not apply and
at least one of the following subsections applies:
(a) The child is six years of age or older.
(b) The child has extraordinary needs.
(c) A sibling group is being placed together for the
purpose of adoption and each potential adoptive resource is a general
applicant.
(d) The identified potential adoptive resources include
the child’s current foster parent being considered as a general applicant with
other general applicants.
(3) Central Office Adoption Committee and ADS. The
central office adoption committee recommends an adoptive resource, and the ADS
makes the adoption placement selection when one of the following subsections
applies:
(a) The potential adoptive resources include:
(A) More than one relative;
(B) A current caretaker and a relative;
(C) A current caretaker and a general applicant; or
(D) A relative and a general applicant.
(b) The potential adoptive resources include more than
one current caretaker being considered for siblings who will be placed together
in adoption.
(c) A DHS staff member is a potential adoptive
resource, and the requirements of the DHS-060-002, “Conflict of Interest
Policy” and the “Conflict of Interest Policy Addendum for CAF Employees” apply.
(d) A non-DHS staff member with a potential conflict of
interest with the Department is a potential adoptive resource.
(e) The potential adoptive resource is an individual
living outside the USA, or Child Welfare Policy I-G.1.14, “Intercountry
Adoption Pursuant to the Hague Convention and Intercountry Adoption Act”, OAR
413-120-0900 to 413-120-0970 applies.
(4) The caseworker, following consultation with the
supervisor, may request that the adoption placement selection be made by an ADS
following an adoption committee recommendation based on the complexities or
dynamics of a case. The request must be approved by:
(a) The Child Welfare Program Manager or designee for
the use of a local adoption committee rather than a caseworker selection; and
(b) The Adoption Program Manager, Assistant Adoption
Program Manager, or designee for the use of a central office adoption committee
rather than a local adoption committee.
[ED. NOTE: Forms referenced are
available from the agency.]
Stat. Auth.: ORS 418.005, 418.280,
418.285, 419B.192
Stats. Implemented: ORS 418.005,
418.280, 418.285, 419B.192
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SCF 9-1997(Temp),
f. & cert. ef. 8-15-97; SOSCF 7-1998, f. & cert. ef. 2-10-98; SOSCF
16-1999, f. & cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef.
1-1-02; CWP 2-2007(Temp), f. & cert. ef. 2-26-07 thru 8-24-07; CWP 13-2007,
f. & cert. ef. 8-1-07; Administrative correction 9-16-07; CWP
16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. &
cert. ef. 12-29-10
413-120-0021
Adoption Placement Selection by
Caseworker
(1) Before making an adoption placement selection, the
child’s caseworker must comply with the provisions of Child Welfare Policy
I-G.1.2, “Identification and Consideration of Potential Adoptive Resources”,
OAR 413-120-0700 to 413-120-0760.
(2) When the caseworker, after considering the input
from the child’s team and following consultation with the supervisor, has
identified up to three potential adoptive resources to be considered for
adoption placement selection, the caseworker must consult with the adoption
worker for each of the identified families to:
(a) Provide the adoption worker with written
information, redacted to remove identifying information, about the history and
needs of each child under consideration; and
(b) Discuss the ability of the potential adoptive
resource to meet the needs of each child under consideration.
(3) The adoption workers must complete all of the
following:
(a) Provide the identified potential adoptive resources
with the information described in subsection (2)(a) of this rule.
(b) Describe the adoption placement selection process
to the potential adoptive resources to:
(A) Inform them of the individuals who will be
reviewing their adoption home study or other information during the adoption
placement selection process; and
(B) Assure all appropriate releases of information
described in OAR 413-120-0016(1) and (2) have been obtained.
(c) Confirm with the caseworker for each child who is
under consideration that the potential adoptive resource is willing and
available to be considered.
(4) When the caseworker has confirmed that the
identified potential adoptive resources are available and appropriate to be
considered, the caseworker must set a date for the adoption placement selection
and notify the adoption worker for each of the identified potential adoptive
resources.
(5) At least ten business days before the adoption placement
selection, the caseworker must complete all of the following:
(a) Notify the following individuals of the up to three
potential adoptive resources to be considered and the date the adoption
placement selection will occur:
(A) The CASA;
(B) The child’s attorney;
(C) A tribal representative if the child is an Indian
child; and
(D) A member of the RCWAC, if the child is a refugee
child.
(b) Ensure that the individuals identified in
subsection (a) of this section are sent copies of the adoption home study and
any additional written information released under OAR 413-120-0016 for each
potential adoptive resource, unless the individual has notified the caseworker
that they do not want a copy of the materials.
(c) Notify the individuals identified in subsection (a)
of this section that any input regarding the ability of a potential adoptive
resource to meet the current and lifelong needs of the child or sibling group
must be received at least two days before the date of the adoption placement
selection to assure it will be considered.
(6) When the caseworker has provided the notifications
in section (5) of this rule and a child’s relative now expresses interest in
being considered as a potential adoptive resource, the Child Welfare Program
Manager or designee must:
(a) Review the diligent efforts to identify a child’s
relatives required under Child Welfare Policy I-E.1.1, “Search for and
Engagement of Relatives”, OAR 413-070-0060 to 413-070-0063;
(b) Consider the impact of a delay in achieving
permanency on the best interests of the child; and
(c) Make a determination whether it is in the child’s
best interest for the relative to be considered despite the delay in achieving
permanency.
(7) When a Child Welfare Program Manager informs the
caseworker of the determination to consider a relative identified under section
(6) of this rule, the caseworker must notify each individual in subsection
(5)(a) of this rule and the adoption worker for each identified potential
adoptive resource that the adoption selection process has been suspended.
(8) When the adoption selection process has been
suspended, the adoption workers must notify each identified potential adoptive
resource that the adoption selection process has been suspended.
(9) The timelines in this rule may be changed when the
caseworker, the adoption worker for each of the identified potential adoptive
resources, and each individual in section (5) of this rule agree on a new
timeline.
(10) After considering the input from individuals in
section (5) of this rule, the caseworker — following consultation with
his or her supervisor — makes the adoption placement selection for a
child or sibling group under consideration when OAR 413-120-0020(1) applies.
(11) On the day that the selection is made, the child’s
caseworker must notify the adoption workers for each of the indentified
potential adoptive resources who were considered for the adoption placement
selection.
(12) By the end of the next business day following the
adoption placement selection, the child’s caseworker must send written
notification of the adoption placement selection to each of the following
individuals:
(a) The CASA;
(b) The child’s attorney;
(c) A tribal representative if the child or young adult
is an Indian child; and
(d) A member of the RCWAC, if the child is a refugee
child.
(13) By the end of the next business day following the
adoption placement selection, written notification on a form approved by the
Department must be sent to each identified potential adoptive resource of
whether or not they were selected as the adoptive resource by the following
individuals:
(a) A Department adoption worker; or
(b) The child’s caseworker when the adoption worker is
a private agency employee.
(14) Notifications in sections (12) and (13) of this
rule must contain information on the Department’s review process as described
in OAR 413-120-0060, unless the identified potential adoptive resources were
all general applicants.
(15) Within three days of the adoption placement
selection, the caseworker must assure that:
(a) The adoption placement selection and the basis for
that selection are documented on a Department-approved form; and
(b) The central office Adoption Program is notified of
the adoption placement selection.
(16) Any individual who received a copy of an adoption
home study or other written documents during the adoption selection process
must return the materials to the Department within seven business days of the
notice of the adoption placement selection.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285, 419B.192
Hist.: CWP 31-2010, f. & cert.
ef. 12-29-10
413-120-0025
Composition of an Adoption
Committee
(1) An adoption committee must be composed of the
following individuals:
(a) The caseworker of each child for whom adoption
placement selection is being made;
(b) Three individuals appointed by the Child Welfare
Program Manager or designee for a local adoption committee, and by the Adoption
Program Manager, assistant Adoption Program Manager, or designee for a central
office adoption committee:
(A) The committee facilitator, who must be a Department
staff person; and
(B) Two other individuals, who may be a community
partner or a Department staff person.
(2) The following individuals for each child for whom
adoption placement selection is being made must be notified of the adoption
committee and may be adoption committee members, if they so choose, under OAR
413-120-0053(1):
(a) The CASA;
(b) The child’s attorney;
(c) A tribal representative if the child is an Indian
child; and
(d) A member of the RCWAC, if the child is a refugee
child.
(3) The adoption worker for each identified potential
adoptive resource must attend the full adoption committee.
(4) With the approval of the committee facilitator, the
following individuals may attend the adoption committee:
(a) The supervisor for an individual identified in
section (1), (2), or (3) of this rule; and
(b) Department staff, for training or observation
purposes.
(5) When the caseworker for a child or the adoption
worker for a potential adoptive resource is unavailable, the responsible agency
may substitute another worker or supervisor, who is familiar with the case, to
attend the adoption committee on their behalf.
(6) Committee members appointed under subsection (1)(b)
of this rule must meet the following requirements:
(a) Be knowledgeable of adoption and permanency issues;
(b) Be knowledgeable of the importance of lifelong
family and cultural connections; and
(c) Have no personal or current professional
relationship to any of the children for whom adoption placement selection is
being made or to the potential adoptive resources being considered.
(7) The committee facilitator appointed under paragraph
(1)(b)(A) of this rule must comply with all of the following subsections:
(a) Hold the meeting in accordance with the
requirements of Chapter 413 of the Oregon Administrative Rules;
(b) Inform each individual who is present of the
responsibilities of the committee;
(c) Have each individual who is present sign a
confidentiality agreement for the proceedings of the adoption committee
meeting;
(d) Ensure the individuals who are invited to attend
and present information to the committee as described in OAR 413-120-0035(5)
are:
(A) Allowed to present information appropriate for
consideration for each child for whom adoption placement selection is being
made; and
(B) Excused in a timely manner.
(e) Give the committee recommendations to the ADS at
the end of the adoption committee meeting.
(8) The ADS:
(a) Is appointed by the Adoption Program Manager and
must:
(A) Have significant expertise in the areas of adoption
and permanency issues;
(B) Have experience with adoption placement planning;
(C) Be knowledgeable of the importance of lifelong
family and cultural connections; and
(D) Have no personal or current professional
relationship to the child, sibling group under consideration, or the potential
adoptive resources being considered.
(b) Must attend the adoption committee and may ask
clarifying questions, but does not participate in the deliberations or
recommendations of the adoption committee.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285, 419B.192
Hist.: CWP 31-2010, f. & cert.
ef. 12-29-10
413-120-0035
Invitation to and Notification of
Adoption Committee
(1) In preparation for and prior to scheduling an
adoption committee, the caseworker for each child and the adoption worker for
each potential adoptive resource must comply with the provisions of Child
Welfare Policy I-G.1.2, “Identification and Consideration of Potential Adoptive
Resources”, OAR 413-120-0700 to 413-120-0760.
(2) No later than ten business days before the
scheduled adoption committee, the Department must send the ADS and each individual
identified in OAR 413-120-0025(1), (2), and (3) all of the following:
(a) Notification of the date, time, and location of the
adoption committee.
(b) A copy of each of the up to three adoption home
studies and the written information released under OAR 413-120-0016(1) and (2).
(c) Written information about the needs of each child
under consideration.
(d) A notice that confidential information may not be
re-released, under OAR 413-120-0016(4).
(e) A request to thoroughly review all of the
information provided before the date of the adoption committee when the
individual will be serving as a committee member.
(3) Information in subsections (2)(b), (2)(c), (2)(d)
and (2)(e) of this rule need not be provided again to the caseworker for each
child under consideration and the adoption worker for each potential adoptive
resource.
(4) Individuals identified in OAR 413-120-0025(1), (2),
and (3) may request that the Department invite individuals to the adoption
committee to present information regarding a child’s needs.
(5) The Department has the discretion to invite the
following individuals to attend and present information regarding the child’s
current and lifelong needs to an adoption committee:
(a) The child, on a case by case basis, when the
child’s caseworker determines the child’s attendance is appropriate;
(b) The child’s current or previous substitute
caregiver, unless the individual is being considered as a potential adoptive
resource for the child; and
(c) Any other individual who has significant
information about the current and lifelong needs of the child relevant to the
selection of an adoptive resource.
(6) Any individual invited to provide information
related to the child’s needs may present information to the adoption committee
in person, by telephone, through electronic communication, or in writing.
(7) A potential adoptive resource may provide supplemental
information regarding his or her ability to meet the current and lifelong needs
of the child or sibling group under consideration through the adoption worker.
An identified potential adoptive resource and his or her legal or personal
advocate may not attend an adoption committee.
(8) When the notification in section (2) of this rule
has been provided and a child’s relative now expresses interest in being
considered as a potential adoptive resource, the Child Welfare Program Manager
or designee must:
(a) Review the diligent efforts to identify a child’s
relatives under Child Welfare Policy I-E.1.1., “Search for and Engagement of
Relatives”, OAR 413-070-0060 to 413-070-0063;
(b) Consider the impact of a delay in achieving
permanency on the best interests of the child; and
(c) Make a determination whether it is in the child’s
best interest for the relative to be considered despite the delay in achieving
permanency.
(9) When a Child Welfare Program Manager informs the
caseworker of the determination to consider a relative identified under section
(8) of this rule, the caseworker must notify each individual identified in OAR
413-120-0025(1), (2), and (3) that the adoption selection process has been
suspended.
(10) When the adoption selection process has been suspended,
the adoption workers must notify each identified potential adoptive resource
that the adoption selection process has been suspended.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 2-2001(Temp), f.
& cert. ef. 1-24-01 thru 7-21-01; SOSCF 35-2001, f. 6-29-01 cert. ef.
7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. &
cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10;
CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0053
The Adoption Committee
(1) An individual described in OAR 413-120-0025(2)
attending an adoption committee must inform the committee facilitator at the
beginning of the adoption committee whether the individual intends to serve as
an adoption committee member. These individuals may present written or oral
information regarding the needs of the child during the adoption committee,
whether or not they are serving as adoption committee members.
(2) An individual invited to attend the adoption
committee under OAR 413-120-0035(5) to present information about the child
must:
(a) Present written or oral information regarding the
needs of the child during the adoption committee; and
(b) Respond to clarifying questions from adoption
committee members and the ADS; and
(c) Leave when excused from the adoption committee,
prior to the presentation of the potential adoptive resources.
(3) The adoption workers must present information on
the knowledge, skills, and abilities of the potential adoptive resource in
relation to meeting the current and lifelong needs of the child.
(4) After all presentations have been completed:
(a) The following individuals must remain at the
adoption committee:
(A) The adoption committee members;
(B) Each adoption worker presenting information
regarding a potential adoptive resource; and
(C) The ADS.
(b) The following individuals may remain at the
adoption committee, if they so choose:
(A) Department staff or supervisors as described in OAR
413-120-0025(4).
(B) Individuals described in OAR 413-120-0025(2)
attending an adoption committee who have elected not to serve as committee
members.
(5) The adoption committee members must:
(a) Consider all of the information, deliberate, and
make recommendations regarding the adoptive resource most likely to permanently
and fully integrate the child into the family and meet the current and lifelong
needs of each child for whom potential adoptive resources are being considered.
(A) When adoption committee members all agree, the
adoption committee may make one or more of the following recommendations:
(i) A single potential adoptive resource is the most
appropriate.
(ii) An order of preference of appropriate adoptive
resources.
(iii) A potential adoptive resource is not appropriate
and should not be considered.
(B) When the adoption committee cannot reach agreement,
each adoption committee member makes his or her respective recommendations
known to the committee facilitator.
(b) At the conclusion of the adoption committee, the
committee facilitator must record the recommendations on a form approved by the
Department and submit the form to the ADS.
(6) All confidential written information provided for
the purpose of adoption placement selection to individuals who are not
Department staff must be:
(a) Retained by the Department at the conclusion of the
adoption committee when the individual attended the committee; and
(b) Returned to the Department within seven business
days when the individual did not attend the committee.
Stat. Auth: ORS 418.005, 418.280,
418.285
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0057
The Adoption Selection and
Notification
(1) Adoption Placement Selection.
(a) The ADS must make a decision regarding the adoption
placement selection no later than the end of the next business day following
the scheduled adoption committee.
(b) The ADS may make one of the following adoption
placement selection decisions from the identified potential adoptive resources
presented at the adoption committee:
(A) Select one adoptive resource.
(B) Select an adoptive resource and identify a second
adoptive resource as an alternate in the event that the selected adoptive
resource is subsequently found to be unavailable or no longer deemed by the
Department to meet the current and lifelong needs of the child under Child
Welfare Policy I-G.1.10, “Supervision and Support of an Adoptive Placement”,
OAR 413-120-0800 to 413-120-0880.
(C) Select none of the potential adoptive resources.
(2) Notification of the Adoption Placement Selection.
(a) The ADS must send written notification to the
child’s caseworker, the adoption workers, and the committee facilitator of the
adoption placement selection, and alternate if one was named, no later than the
end of the next business day following the scheduled adoption committee.
(b) By the end of the next business day following the
notice sent in subsection (a) of this section, written notification on a form
approved by the Department must be sent as follows:
(A) Each potential adoptive resource who was presented
at the adoption committee must be notified by the following individuals of
whether or not they were selected:
(i) A Department adoption worker; or
(ii) The child’s caseworker when the adoption worker is
a private agency employee.
(B) The child’s attorney, CASA, tribal representative,
a member of the RCWAC, and the private adoption agency representing a potential
adoptive resource, as applicable, must be notified of the adoption placement
selection by the child’s caseworker.
(C) Notices in paragraphs (A) and (B) of this
subsection must contain information on the Department’s review process as
described in OAR 413-120-0060, except when the potential adoptive resources
were all general applicants.
(3) The ADS must send written documentation on a form
approved by the Department regarding the adoption placement selection, the
alternate when one is named, and the basis for those decisions to the central
office Adoption Program within two business days following the adoption
committee.
Stat. Auth: ORS 418.005, 418.280,
418.285
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0060
Review of the Adoption Selection
(1) A review may not be requested of an adoption
placement selection when each potential adoptive resource was a general
applicant.
(2) Except as provided in section (1) of this rule:
(a) Each of the following individuals may request a
review of the process and the adoption placement selection under OAR
413-120-0021(10) or 413-120-0057(1):
(A) The child.
(B) The child’s attorney.
(C) The CASA.
(D) A tribal representative.
(E) A member of the RCWAC.
(F) The child’s caseworker, with the approval of the
caseworker’s supervisor and the Child Welfare Program Manager or designee.
(G) A relative or current caretaker who was considered
as the adoptive resource but was not selected.
(b) A request for review of the process and decision
made in the adoption placement selection must be in writing and received by the
Adoption Program Manager or designee within seven calendar days of the
notification of the adoption placement selection under OAR
413-120-0021(12)-(13) or 413-120-0057(2)(b).
(c) When a request for review has been received, the
Adoption Program Manager or designee must send written notice of the request to
the following individuals:
(A) Each of the potential adoptive resources considered
by the caseworker or adoption committee and ADS;
(B) The child’s caseworker;
(C) The adoption worker for each of the potential
adoptive resources considered;
(D) The supervisors of the workers;
(E) The child’s attorney;
(F) The child’s CASA;
(G) The tribe, if the child is an Indian child;
(H) A member of the RCWAC, if the child is a refugee
child; and
(I) The local Child Welfare Program Manager.
(d) The DHS Assistant Director for CAF or designee must
decide whether to grant a review of the adoption placement selection within 14
calendar days after the notice of the adoption placement selection under OAR
413-120-0021(12)-(13) or 413-120-0057(2)(b). Written notice of the decision
whether or not to conduct a review must be sent to the individuals listed in
subsection (c) of this section and to the Adoption Program Manager. This
written notice is not required to be provided within the 14 calendar day
timeline for the decision whether to grant a review.
(e) The DHS Assistant Director for CAF or designee may,
on his or her initiative and without a request for a review, give notice of
intent to review the adoption placement selection when the decision to review
is made within seven calendar days following the date of the notice of the
adoption placement selection in OAR 413-120-0021(12)-(13) or OAR
413-120-0057(2)(b).
(f) The DHS Assistant Director for CAF or designee may
conduct the review by any of the following methods:
(A) Personally conduct a review of information
considered in making the adoption placement selection and may consider
additional, relevant information about the child or potential adoptive
resource.
(B) Refer the adoption placement selection to a review committee
appointed by and at the discretion of the DHS Assistant Director for CAF or
designee to --
(i) Review the information considered in making the
original adoption placement selection;
(ii) Consider additional relevant information about the
child or potential adoptive resources; and
(iii) Issue a recommendation that the DHS Assistant
Director for CAF or designee affirm or modify the original adoption placement
selection of the caseworker or the ADS or recommend a different adoption
placement selection.
(C) Appoint another individual to --
(i) Review the information considered in making the
original adoption placement selection;
(ii) Consider additional relevant information about the
child or potential adoptive resources; and
(iii) Issue a recommendation that the DHS Assistant
Director for CAF or designee affirm or modify the original adoption placement
selection of the caseworker or the ADS, or recommend a different adoption
placement selection.
(g) The DHS Assistant Director for CAF or designee must
provide written notification of the decision affirming or changing the original
adoption placement selection to the individuals identified in subsection (2)(c)
of this rule and the Adoption Program Manager.
(3) Notwithstanding sections (1) and (2) of this rule,
the DHS Assistant Director for CAF may reconsider a decision and require the
actions in subsection (2)(f) of this rule to occur when the following
conditions exist:
(a) The time to request review of an adoption placement
selection under subsection (2)(b) of this rule has expired;
(b) There is no request for review pending; and
(c) The deadline set by statute for a person entitled
to seek judicial review of an adoption placement selection entered under this
rule has not expired.
(4) The adoption placement selection made by the DHS
Assistant Director for CAF or designee under this rule is final.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.280,
418.285
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SCF 9-1997(Temp),
f. & cert. ef. 8-15-97; SOSCF 7-1998, f. & cert. ef. 2-10-98; SOSCF
16-1999, f. & cert. ef. 8-12-99; SOSCF 2-2001(Temp), f. & cert. ef.
1-24-01 thru 7-21-01; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF
47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07;
CWP 23-2007(Temp), f. & cert. ef. 12-12-07 thru 6-9-08; CWP 4-2008, f.
5-30-08, cert. ef. 6-1-08; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru
12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0800
Purpose
These rules (OAR 413-120-0800 to 413-120-0880)
describe.
(1) Department responsibilities following the selection
of an adoptive resource pursuant to Child Welfare Policy I-G.1.5, “Adoption
Placement Selection”, OAR 413-120-0000 to 413-120-0060 for:
(a) Adoption transition and placement of the child with
the adoptive resource;
(b) Supervision of the adoptive placement;
(c) Support for the child and adoptive family after
placement; and
(d) Actions required by the Department when a
disruption of an adoptive placement of a child in the legal custody of the
Department is likely or has occurred.
(2) The actions required by the Department when
concerns arise regarding the appropriateness of an adoptive resource for a
child or children in the legal custody of another public child welfare agency
that the Department is supervising.
(3) The additional requirements for an international
adoption of a child in the legal custody of the Department are referenced in
Child Welfare Policy I-G.1.14, “Intercountry Adoption Pursuant to the Hague
Convention and Intercountry Adoption Act”, OAR 413-120-0900 to 413-120-0970.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP
31-2010, f. & cert. ef. 12-29-10
413-120-0810
Definitions
The following definitions apply to OAR 413-120-0800 to
413-120-0880:
(1) “Adoption home study” means a written report
documenting the result of an assessment conducted by the Department, a licensed
adoption agency, or another public agency to evaluate the suitability of an
individual or individuals to adopt and make a lifelong permanent commitment to
a child or children.
(2) “Adoption placement selection” means a decision
made by the Department that an individual or individuals have been identified
as the adoptive resource for the child.
(3) “Adoption transition” means activities related to
the placement of a child or sibling group under consideration in the home of
the family selected as the adoptive resource.
(4) “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 where no
administrative review was requested within the timeframe allowed for such a
request or, if a review was requested, the selection was sustained by that
review and the review is complete.
(5) “Child” means a person under 18 years of age.
(6) “Department” means the Department of Human
Services, Child Welfare.
(7) “Disruption” means the interruption of an adoptive
placement prior to the finalization of the adoption in a court of law.
(8) “Legal risk adoptive placement” means a placement
with a substitute caregiver designated by the Adoption Program as the child’s
adoptive resource after the Department has made a formal decision:
(a) To legally free the child for adoption; and
(b) To finalize the adoption with the adoptive resource
when the child becomes legally free.
(9) “Post-placement supervision” means the supervision
of a child following placement with an adoptive resource.
(10) “Substitute caregiver” means a relative caregiver,
foster parent, or provider who is authorized to provide care to a child or
young adult who is in the legal or physical custody of the Department.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 24-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 32-2003, f. &
cert. ef. 10-1-03; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10;
CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0830
Department Actions Prior to
Placement
(1) Prior to the physical placement of a child in the
home of the family selected to be the adoptive resource, the caseworker must
arrange post-placement supervision and medical coverage for the child.
(2) When the family selected to be the adoptive
resource is outside the state of Oregon, but in the United States:
(a) The court and the receiving state must agree to the
adoptive placement prior to the physical placement of a child who is not yet
legally free for adoption;
(b) Approval as required by Child Welfare Policy
I-B.3.4.2, “Interstate Compact on the Placement of Children”, OAR 413-040-0200
to 413-040-0330 must be received; and
(c) When supervision is to be provided by a private
agency, the Department must contract only with an agency willing to:
(A) Provide supportive services to the child and
adoptive family;
(B) Provide progress reports as required by the
Department;
(C) Provide a written recommendation regarding the
finalization of the adoption; and
(D) Accept payment as authorized by the Department.
(3) Unless an exception is approved as described in OAR
413-120-0840, adoption transition of a child into the home of a family selected
to be the adoptive resource may not begin until:
(a) The time period has expired for the written request
for review of the adoption placement selection as described in Child Welfare
Policy I-G.1.5, “Adoption Placement Selection”, OAR 413-120-0060; or
(b) In the event the DHS Assistant Director of CAF or
designee gives notice of the intent to review, until that review is complete.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 24-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 32-2003, f. &
cert. ef. 10-1-03; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10;
CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0835
Adoption Transition
The topic of adoption transition is covered in OAR
413-120-0830.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 16-1999, f. &
cert. ef. 8-12-99; SOSCF 2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01;
SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert.
ef. 1-1-02; CWP 2-2007(Temp), f. & cert. ef. 2-26-07 thru 8-24-07; CWP
13-2007, f. & cert. ef. 8-1-07; Administrative correction 9-16-07;
Renumbered from 413-120-0075, CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru
12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0840
Early Adoption Transition
(1) The child’s caseworker, following consultation with
the caseworker’s supervisor and the approval of the Child Welfare Program
Manager, may request physical placement with the family selected to be the
adoptive resource before the timelines described in OAR 413-120-0830 when the
requirements in all of the following subsections are met:
(a) It is in the best interests of the child;
(b) There are no indications that a review of the
adoption placement selection will be requested; and
(c) When the child is to be placed in a state within
the United States and outside of Oregon, the requirements under OAR
413-120-0830 have been met regarding a placement in a state other than Oregon.
(2) The caseworker must send the written request for
early adoption transition, including the basis for the request, to the Adoption
Program Manager or designee who makes the final decision.
(3) The caseworker must document the decision regarding
the early adoption transition in the Department’s information system.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0850
Legal Risk Adoptive Placement
When the Department determines a placement is a legal
risk adoptive placement, the Department and the adoptive resource must sign a
Legal Risk Agreement which indicates all of the following:
(1) The Department cannot guarantee the child will
become legally freed for adoption.
(2) The Department is actively pursuing a plan to
legally free the child for adoption.
(3) The adoptive resource agrees to provide substitute
care to the child with the understanding that the child may be removed from the
home if the child does not become legally free for adoption.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0860
Placement and Post-placement
Supervision
(1) The child’s caseworker must offer support and
services to the adoptive resource to assist in a successful adoption transition
of the child into the home of a family selected to be the adoptive resource.
(2) Post-placement supervision must include all of the
following:
(a) Face-to-face contact with the child under Child
Welfare Policy I-B.1, “Monitoring Child Safety”, OAR 413-080-0059;
(b) Assessment of the child’s safety and well-being
under Child Welfare Policy I-B.1, Monitoring Child Safety, OAR 413-080-0067;
(c) Providing services and support to assist the
adoptive resource in meeting the requirements described in Child Welfare Policy
I-G.1.3, “Adoption Applications, Adoption Home Studies, and Standards for
Adoption”, OAR 413-120-0246(1)(b).
(d) Providing support to the adoptive resource in the
process of the completion and submission of the adoption assistance
application, when applicable; and
(e) Documentation from the supervising worker which
includes the supervision reports and a recommendation regarding finalization of
the adoption.
(3) When the child is placed through an in-state
private agency, the Department must provide supervision of the placement and,
when applicable, must coordinate support services with the in-state private
agency.
(4) When it becomes known to the Department that there
are significant changes to the adoptive resource’s situation, including changes
in the family structure, the Department may require an updated adoption home
study prior to making a determination to proceed with finalization of the
adoption.
(5) Prior to finalization of the adoption, the
Department must ensure that the adoptive resource is made aware of all of the
following:
(a) Available post-legal services;
(b) The potential eligibility for federal or state
adoption tax credits, or both; and
(c) The ability to seek voluntary supportive services
through the Department to stabilize an adoption and promote lifelong permanency
for children.
(6) The standard supervision period for an adoptive
placement is a minimum of six consecutive months and can include the time the
adoptive resource was the child’s substitute caregiver. When the child’s
caseworker and the adoption worker agree that it is in the child’s best
interests to proceed with finalization before the standard six month period:
(a) The child’s caseworker or adoption worker must
request approval from:
(A) Their supervisor; and
(B) The Adoption Program Manager or designee.
(b) The child’s caseworker must document in the
Department’s information system when approval is given for a reduced post-placement
supervision time.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0870
Disruption
(1) After the adoption placement selection has been
made under Child Welfare Policy I-G.1.5, “Adoption Placement Selection”, OAR
413-120-0021 or 413-120-0057 but prior to the physical placement of the child
with the family selected as the adoptive resource, when circumstances occur or
conditions are made known to the Department that give the child’s caseworker
reason to believe the selected adoptive resource is no longer appropriate for
the child or his or her siblings, the child’s caseworker must:
(a) Consult with his or her supervisor;
(b) Document the conditions or circumstances of
concern; and
(c) Request approval from the Adoption Program Manager
to reconsider the adoption placement selection.
(2) When the caseworker for the child determines that a
disruption is likely, the caseworker must consult with each of the following to
try to preserve the placement, when it is in the best interest of the child to
do so:
(a) His or her supervisor;
(b) The adoption worker who is supervising the adoptive
placement;
(c) Members of the child’s team identified as individuals
who can offer additional information or support, and
(d) The family, if possible.
(3) When the Department is supervising an adoptive
placement of a child in the custody of another public child welfare agency and
concerns arise that indicate that the adoptive resource is no longer
appropriate for the child or children, the caseworker must ensure contact is
made with the responsible entity and coordinate subsequent actions.
(4) When the caseworker and supervisor recommend to the
Child Welfare Program Manager that the adoptive resource for a child in the
custody of the Department is no longer appropriate for the child or children,
the Child Welfare Program Manager, when in agreement, forwards the request for
final approval for a disruption to the Adoption Program Manager.
(5) The caseworker must document the disruption in the
Department’s information system and notify the central office Adoption Program
and the central office ICPC unit, if applicable, of the date of the adoption
disruption.
(6) After the disruption of an adoptive placement of a
child in the custody of the Department, the child’s caseworker must consult
with his or her supervisor, the child’s team, and individuals with significant
adoption experience to staff the case in order to:
(a) Gain a comprehensive understanding of the issues
leading to the disruption; and
(b) Increase the likelihood for the child’s success in
another adoptive placement.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
413-120-0880
No Delay in Placement
(1) The Department may not delay placement of a child
for adoption with an adoptive resource based on any criteria listed in the
following subsections:
(a) Geographic location; or
(b) Race, color, or national origin of the child or the
adoptive resource.
(2) An adoptive resource who believes that the
Department violated the prohibition under section (1) of this rule may file a
civil rights complaint and request a review under Child Welfare Policy I-A.1,
“Client Rights”.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 16-1999, f. &
cert. ef. 8-12-99; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001,
f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07;
Renumbered from 413-120-0045, CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru
12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 32-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Repealed: 413-120-0250, 413-120-0255, 413-120-0260,
413-120-0265, 413-120-0270, 413-120-0275, 413-120-0280, 413-120-0285,
413-120-0290, 413-120-0300, 413-120-0310, 413-130-0150, 413-130-0160,
413-130-0170, 413-130-0180
Subject: OAR 413-120-0250, 413-120-0255, 413-120-0260,
413-120-0265, 413-120-0270, 413-120-0275, 413-120-0280, 413-120-0285, and
413-120-0290 about Children Adults and Families Division and partner agency
employee adoption home studies, which were suspended on July 1, 2010, are being
repealed. OAR 413-120-0250 had covered procedures by which Department and
partner agency employees could obtain adoptive home studies, OAR 413-120-0255
had covered Department values, OAR 413-120-0260 had covered definitions used in
these rules (OAR 413-120-0250 to 413-120-0290), OAR 413-120-0265 had covered
adoptive home studies the Department could prepare, OAR 413-120-0270 had
covered adoptive home studies prepared by Oregon private licensed adoption
agencies who were members of a coalition, OAR 413-120-0275 had covered children
Department employees could be considered as adoptive resources for, OAR
413-120-0280 had covered the adoption placement selection process, OAR
413-120-0285 had covered the training required for adoptive resource
applicants, and OAR 413-120-0290 had covered the confidentiality of adoptive
home studies. The topics covered in these rules will be covered in amended form
in OAR 413-120-0190 to 413-120-0246. Some items in the rules being repealed
need not appear in administrative rules, or no longer accurately reflect
Department terminology, policy, or practice.
OAR 413-120-0300
and 413-120-0310 about the minimum standards for adoptive homes in Oregon,
which were suspended on July 1, 2010, are being repealed. The topics covered in
these rules will be covered in other rules in amended form in Chapter 413. The
Department is revising and consolidating administrative rules to follow the
permanency and adoption plans more closely and to make it easier for
individuals to understand how processes work. Some items in the rules being
repealed need not appear in administrative rules, or no longer accurately
reflect Department terminology, policy, or practice.
OAR 413-130-0150,
413-130-0160, 413-130-0170, and 413-130-0180 about an adoptive family’s
eligibility for post-adoption services when the adoptive family adopted a child
through the Department, which were suspended on July 1, 2010, are being
repealed. The topics covered in these rules will be covered in other rules in
amended form in OAR 413-120-0800 to 413-120-0880 to clarify the services and
expectations during an adoptive placement. Some items in the rules being
repealed need not appear in administrative rules, or no longer accurately
reflect Department terminology, policy, or practice.
Rules Coordinator: Annette Tesch—(503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 33-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-120-0222, 413-120-0225, 413-120-0243, 413-120-0246
Rules Amended: 413-120-0190, 413-120-0195, 413-120-0220, 413-120-0240
Rules Repealed: 413-120-0200, 413-120-0210, 413-120-0230
Subject: These rules are being changed to update and clarify
– and comply with laws that apply – to the Department’s adoption
application requirements for individuals applying to adopt a child in the legal
custody of the Department, the requirements for submitting an adoption
application to the Department to apply for a child in the custody of another
public child welfare agency, the Department’s authority regarding adoption
applications submitted to the Department, the adoption home study criteria for
individuals applying to adopt a child in the legal custody of the Department, and
standards for adoptive homes for children in the custody of the Department.
These changes make permanent some changes adopted by the temporary rules on
July 1, 2010. OAR 413-120-0190 is being amended to set out the purpose of the
revised rules. OAR 413-120-0195 is being amended to add, remove, and revise
definitions of certain terms used in the revised rules. OAR 413-120-0200 about
adoption applications, OAR 413-120-0210 about applicants who have an adoption
certification with a non-contracted adoption agency, and OAR 413-120-0230 about
the application and approval process are being repealed because the topics are
covered in other rules and some of these policies have changed. OAR
413-120-0220 is being amended to set out the current adoption application requirements.
OAR 413-120-0222 is being adopted to set out the policy on conflict of interest
for adoptive applicants. OAR 413-120-0225 is being adopted to set out the
conditions that require special staffing or termination of the Department’s
home study application process. OAR 413-120-0240 is being amended to clarify
the circumstances under which the Department must send written notice to
adoption applicants regarding the status of applications submitted to the
Department. OAR 413-120-0243 is being adopted to indicate the circumstances in
which an application for adoption may be prioritized. OAR 413-120-0246 is being
adopted to set out the requirements for adoption home studies (including their
release to others) and characteristics required for approval of adoptive homes
and individuals applying to adopt a child in the custody of the Department.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-120-0190
Purpose
These rules (OAR 413-120-0190 to 413-120-0246) describe
the Department’s:
(1) Adoption application requirements for Oregon
residents.
(a) Applying to adopt a child in the legal custody of
the Department.
(b) Submitting an application to the Department to
conduct an adoption home study for a child in the custody of a public child
welfare agency in another state after the agency in the other state has
submitted an adoptive placement request to the Department in accordance with
the ICPC.
(c) Submitting an application to the Department to
conduct an adoption home study for a child in the custody of a public child
welfare agency in another country after the agency in the other country has
submitted an adoption home study request to the Department and in accordance,
when applicable, with Child Welfare Policy I-G.1.14, “Intercountry Adoption
Pursuant to the Hague Convention and Intercountry Adoption Act”, OAR
413-120-0900 to 413-120-0970.
(2) Authority regarding adoption applications submitted
to the Department.
(3) Adoption home study criteria for individuals
applying to adopt a child in the legal custody of the Department.
(4) Standards for an adoptive home for a child in the
custody of the Department.
(5) Authority to release an adoption home study.
Stat. Auth.: ORS 418.005, 418.280,
418.285
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01,
cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef.
12-29-10
413-120-0195
Definitions
The following definitions apply to OAR 413-120-0190 to
413-120-0246:
(1) “Adoption agency” means an organization providing
the services under any one of the following subsections:
(a) Identifying a child for adoption and arranging an
adoption.
(b) Securing the necessary consent to relinquishment of
parental rights and to adoption.
(c) Performing a background study on a child or a home
study on a prospective adoptive parent and reporting on such a study.
(d) Making determinations of the best interests of a child
and the appropriateness of adoption placement for the child.
(e) Monitoring a case after placement until final
adoption.
(f) When necessary because of disruption before final
adoption, assuming custody and providing child care or other social services
for the child pending an alternative placement.
(2) “Adoption home study” means a written report
documenting the result of an assessment conducted by the Department, a licensed
adoption agency, or by another public agency to evaluate the suitability of an
individual or individuals to adopt and to make a lifelong permanent commitment
to a child or children.
(3) “Adoption placement selection” means a decision
made by the Department that an individual or individuals have been identified
as the adoptive resource for a child.
(4) “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 where no
administrative review was requested within the timeframe allowed for such a
request, or if a review was requested, the selection has been sustained by that
review and the review is complete.
(5) “Child” means a person under 18 years of age.
(6) “Current caretaker” means a foster parent who:
(a) Is currently caring for a child in the legal
custody of the Department who has a permanency plan or concurrent permanent
plan of adoption;
(b) Has cared for the child or at least one sibling in
a sibling group under consideration for at least the past 12 consecutive
months; and
(c) Has been identified by the Department as a
potential adoptive resource for the child and when appropriate, the siblings in
a sibling group under consideration for adoption in the same adoptive family.
(7) “Department” means the Department of Human
Services, Child Welfare.
(8) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for an unrelated child
or young adult placed in the home by the Department.
(9) “General applicant” means an individual who:
(a) Is neither a relative or current caretaker; and
(b) Has submitted a completed application to adopt a
child.
(10) “ICPC” means the Interstate Compact on the
Placement of Children (see ORS 417.200).
(11) “Indian child” means any unmarried person who is
under age 18 and is either:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is
the biological child of a member of an Indian tribe.
(12) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult
entering substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children” OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of the child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of the child or young adult when the half-sibling of the
child or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult; or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) A permanency committee has recommended the foster
parent for consideration as a guardian.
(13) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the legal or biological
parents of the children or young adults; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(14) “Substitute caregiver” means a relative caregiver,
foster parent, or provider who is authorized to provide care to a child or
young adult who is in the legal or physical custody of the Department.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01,
cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef.
12-29-10
413-120-0220
Adoption Application Requirements
(1) A resident of Oregon applying to adopt a child in
the legal custody of the Department must submit an application for an adoption
home study to the Department or to a licensed adoption agency willing to
contract with the Department or willing to allow another licensed adoption
agency to contract with the Department for post placement supervision services
as outlined in OAR 413-120-0830(2)(c).
(2) Applications.
(a) The Department accepts applications for an adoption
home study from Oregon residents applying to adopt a child:
(A) In the custody of the Department;
(B) In the custody of a public child welfare agency in
another state following receipt of an ICPC request from the agency in the other
state; or
(C) In the custody of a public child welfare agency in
another country following a request from the agency in the other country and in
accordance, when applicable, with Child Welfare Policy I-G.1.14 “Intercountry
Adoption Pursuant to the Hague Convention and Intercountry Adoption Act”, OAR
413-120-0900 to 413-120-0970.
(b) The Department accepts applications for an adoption
home study for Oregon residents who have previously applied or are currently
applying through another adoption agency. The applicant must:
(A) Sign a release of information allowing ongoing
communication with the other adoption agency; and
(B) Sign a release of information allowing the
Department to obtain a copy of the adoption file of the individual.
(3) An application submitted to the Department must
include all of the following:
(a) An adoption application form;
(b) A signed, valid release of information from each
applicant who is a subject of the adoption home study allowing the adoption
home study to be released to the individuals and for the purposes described in
OAR 413-120-0246(2);
(c) An Adoptive Family Information and Placement
Preference form, unless the Department determines this is not required due to
the existing relationship between the child and the applicant;
(d) Financial information, current within 12 months of
application, demonstrating the ability of the applicant to meet the needs of
the family and the child to be adopted;
(e) Medical information current within 24 months of
application;
(f) When applicable, mental health information;
(g) When applicable, copy of marriage certificate,
divorce verification, or death certificate of spouse;
(h) Consent to a criminal offender information records
check for each applicant and all household members age 18 and older under Child
Welfare Policy I-G.1.4, “Oregon Computerized Criminal History Checks and
Nationwide Criminal History Checks through the FBI for Relative Caregivers,
Foster Parents, Other Persons in the Household and Adoptive Parents for
Children in the Care or Custody of DHS”, OAR 413-120-0400 to 413-120-0470;
(i) Consent to a child abuse and neglect background
check for each adoptive applicant and all household members age 18 and older;
and
(j) Names and contact information of four references,
two of whom may be relatives of the adoptive applicant, who can attest to the
character and ability of the adoptive applicant to provide safe and protective
care for a child.
(4) The Department may require additional information
from an adoptive applicant to assess the ability of the applicant to meet the
standards of an adoptive home.
(5) The adoptive applicant must be at least 21 years of
age, unless one of the following subsections applies:
(a) The Child Welfare Program Manager or designee has
approved a relative adoptive applicant between the ages of 18 through 20 years;
or
(b) The child is an Indian child and the adoptive
applicant is:
(A) A member of the child’s extended family;
(B) Another member of the Indian child’s tribe; or
(C) Another Indian family.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 37-2008,
f. & cert. ef. 11-3-08; CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru
12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10
413-120-0222
Conflict of Interest for Adoptive
Applicants
(1) When an adoptive applicant under OAR 413-120-0220
is a Department of Human Services (DHS) staff member, the requirements of DHS
Administrative Policy DHS-060-002, “Conflict of Interest Policy” and “Conflict
of Interest Policy Addendum for CAF Employees” apply.
(2) When an adoptive applicant under OAR 413-120-0220
is not a DHS staff member and the Child Welfare Program Manager determines a
potential conflict of interest with the Department exists, section (3) of this
rule applies. If the Child Welfare Program Manager is unable to determine if
there is a conflict of interest, the Adoption Program Manager or designee makes
the determination.
(3) An adoptive applicant who has a conflict of
interest with the Department is referred to one of the following entities for
application and completion of the adoption home study:
(a) A local child welfare office in another district,
upon the approval of the supervisor; or
(b) A contracted adoption agency, with the approval of
the Adoption Program Manager or designee.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 33-2010, f. & cert.
ef. 12-29-10
413-120-0225
Conditions that Require Additional
Approval or Termination of the Department’s Adoption Application Process
(1) Prior to proceeding with an adoption application
submitted by an individual who has lost permanent custody of a child, there
must be an approval by the Adoption Program Manager or designee, at the request
of the District Manager or designee.
(2) The Department may terminate the application
process and deny an application at any time or remove a completed adoption home
study from consideration, when one or more of the following subsections
applies:
(a) Information regarding the adoptive applicant is
sufficient to determine the adoptive applicant cannot meet adoption home
standards described in OAR 413-120-0246.
(b) An adoptive applicant’s license or certificate to
provide services to children, the elderly, or individuals with disabilities has
previously been or is currently being denied, revoked, or suspended.
(c) The adoptive applicant falsifies or omits
information.
(d) The adoptive applicant does not respond to the
inquiries and requests for information within the timelines established by the
Department.
(e) The adoptive applicant does not submit the required
application information under OAR 413-120-0220.
(f) The adoptive applicant is selected by another
adoption agency to adopt a child.
(3) When the Department terminates the adoption
application process, the caseworker must:
(a) Send written notification of the termination to the
adoptive applicant; and
(b) Document the termination and notification in the
Department’s information system.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 15-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10
413-120-0240
Status Notification of Adoption
Applications
The Department must send written notice of the status
of the application to an individual who has submitted an adoption application
to the Department when the requirements of any of the following sections apply:
(1) The adoption home study is not initiated within 180
calendar days from the date the application is received; or
(2) The Department determines that an individual will
not be recommended as a potential adoptive resource.
Stat. Auth.: ORS 418.005, 418.280,
418.285
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01,
cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef.
12-29-10
413-120-0243
Prioritization of an Adoption Home
Study Application
The Department has discretion to prioritize adoption
home study applications received from the following individuals according to
the needs of the child or children awaiting adoption rather than the date of
receipt of an application;
(1) An individual applying to adopt a related child.
(2) An individual applying as a current caretaker for a
child.
(3) An individual who is a general applicant when the
Department has determined that further general recruitment is not required
under Child Welfare Policy I-G.1.2, “Identification and Consideration of
Potential Adoption Resources”, OAR 413-120-0750.
(4) An individual who is a general applicant interested
in adopting a child with special needs for whom there are few or no available
approved homes.
(5) An individual who is a general applicant other than
those described in sections (3) and (4) of this rule.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 15-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10
413-120-0246
Standards for an Adoptive Home and
Release of an Adoption Home Study
(1) To be approved to adopt a child in the legal
custody of the Department, an individual must complete all of the following:
(a) Have an adoption home study recommending the
applicant as a potential adoptive resource written, amended, or updated within
the 12 months prior to the adoption placement selection, completed by --
(A) The Department under Child Welfare Policy II-B.1, “Certification
Standards for Foster Parents, Relative Caregivers, and Pre-Adoptive Parents”
OAR 413-200-0301 to 413-200-0396;
(B) An Oregon licensed private agency for an Oregon
resident when the home study is prepared by a private agency for an Oregon resident
under Child Welfare Policy II-C.1.3, “Licensing Adoption Agencies”, OAR
413-215-0401 to 413-215-0481;
(C) An out-of-state agency under Child Welfare Policy
I-B.3.4.2, “Interstate Compact on the Placement of Children”, OAR 413-040-0200
to 413-040-0330; or
(D) An agency in another country under Child Welfare
Policy I-G.1.14, “Intercountry Adoption Pursuant to the Hague Convention and
Intercountry Adoption Act”, OAR 413-120-0900 to 413-120-0970.
(b) Meet the Department’s standards for adoptive homes
by demonstrating the knowledge, skills, and ability to meet, without agency
oversight, the current and lifelong needs of the child for all of the
following:
(A) Physical and emotional safety and well-being;
(B) Developing and maintaining connections to the child’s
family;
(C) Continuity and familiarity;
(D) Appropriate social, educational, developmental,
emotional, and physical support;
(E) Integration into the family;
(F) Stability and permanency; and
(G) Maintaining his or her identity, cultural,
religious, and spiritual heritage.
(c) Provide evidence of successful completion of a
training program approved by the Department, unless the Adoption Program
Manager has approved an alternate training program.
(2) Release of an adoption home study. An adoption home
study is considered confidential information and, when released under this rule
must have a signed, valid release of information from each applicant who is a
subject of the adoption home study.
(a) The Department may release a copy of the adoption
home study to:
(A) An adoption applicant who is a subject of the
adoption home study;
(B) Individuals involved in the adoption placement
selection process, under Child Welfare Policy I-G.1.5, Adoption Placement
Selection, OAR 413-120-0021 and OAR 413-120-0035;
(C) The court for the purposes of finalizing an
adoption; and
(D) A public agency upon the written request of an
applicant who is a subject of the adoption home study.
(b) A Child Welfare Program Manager must approve the
release of an adoption home study requested for a purpose other than those
listed in subsection (a) of this rule.
(c) An individual receiving a copy of an adoption home
study must keep the information contained therein confidential.
(d) Before releasing an adoption home study, the
Department must redact or summarize information, when necessary, to prevent the
identification of individuals, other than the applicants, who provided
information for the adoption home study.
(e) When an agency or entity other than the Department
completes the adoption home study, the Department must receive approval from
the agency or entity that completed the adoption home study before release.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.280, 418.285
Hist.: CWP 15-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 34-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-120-0521, 413-120-0541, 413-120-0570, 413-120-0590,
413-120-0595
Rules Amended: 413-120-0500, 413-120-0510
Rules Repealed: 413-120-0520, 413-120-0530, 413-120-0540
Rules Ren. &
Amend: 413-120-0550 to 413-120-0580
Subject: These rules about the request of a foster parent for
consideration as a current caretaker are being changed to restate the purpose
of these rules, more clearly define key terms used in these rules, and explain
the process under which the Department considers a foster parent as a potential
adoptive resource as a part of case planning for a child who has a permanency
plan of adoption allowing the Department to better serve children for whom
adoption is the permanency plan and foster parents wanting to be considered as
potential adoptive resources for these children. These changes also make
permanent some of the changes made by temporary rule on July 1, 2010. OAR
413-120-0500 is being amended to state the purpose of these rules about
Department’s process by which a foster parent may be recommended as a current
caretaker for the purpose of consideration as a potential adoptive resource as
a part of case planning for a child who has a permanency plan or concurrent
permanent plan of adoption. OAR 413-120-0510 is being amended to add
definitions such as adoptive resource, CASA (court appointed special advocate),
child, committee facilitator, Department, foster parent, general applicant,
Indian child, RCWAC (the Refugee Child Welfare Advisory Committee), refugee
child, relative, sibling, and substitute care; and restate the definitions for
current caretaker and permanency committee. OAR 413-120-0520 about values,
413-120-0530 about completion of diligent search, and 413-120-0540 about the current
caretaker committee are being repealed to remove language not required to be in
administrative rules. OAR 413-120-0521 is being adopted to state that the
Department considers substitute care as a temporary resource for a child. OAR
413-120-0541 is being adopted to state the circumstances under which a foster
parent may request consideration as a current caretaker for a child in the
legal custody of the Department. OAR 413-120-0550 is being renumbered to OAR
413-120-0580 and amended to indicate what is included in the notification and
decision regarding a foster parent’s request for consideration as a current
caretaker and the timeline to complete an adoption home study when the foster
parent will be considered. OAR 413-120-0570 is being adopted to explain the
role of the caseworker and the permanency committee when considering a foster
parent’s request and making a recommendation. OAR 413-120-0590 is being adopted
to state how the child welfare program manager decides whether to proceed with
a foster parent’s request for consideration when a relative is later identified
and expresses interest in being a potential adoptive resource. OAR 413-120-0595
is being adopted to cover policies about foster parents determined as a current
caretaker prior to July 1, 2010.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-120-0500
Purpose
These rules (OAR 413-120-0500 to 413-120-0595)
establish the process by which a foster parent may request consideration as a
current caretaker for the purpose of consideration as a potential adoptive
resource as a part of permanency planning for a child or sibling group under
consideration.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.285
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 19-1998(Temp), f.& cert. ef. 10-30-98 thru 4-28-99;
SOSCF 6-1999 f. & cert. ef. 4-29-99; SOSCF 1-2001(Temp) f. & cert. ef.
1-24-01 thru 7-20-01; SOSCF 37-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 51-2003,
f. 12-31-03, cert. ef. 1-1-04; CWP 16-2010(Temp), f. & cert. ef. 7-1-10
thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0510
Definitions
The following definitions apply to OAR 413-120-0500 to
413-120-0595:
(1) “Adoptive resource” means an individual or
individuals selected by the Department as the adoptive family for a child where
no administrative review was requested within the timeframe allowed for such a
request, or if a review was requested, the selection has been sustained by that
review and the Department review is complete.
(2) “Child” means a person under 18 years of age.
(3) “Concurrent permanent plan” means the alternate
permanency plan whenever the child has been placed in substitute care when the
goal of the permanency plan is to return the child to the parents. The
concurrent permanent plan is developed simultaneously with the plan to return
the child to the parents or legal guardians.
(4) “Current caretaker” means a foster parent who:
(a) Is currently caring for a child in the legal
custody of the Department who has a permanency plan or concurrent permanent
plan of adoption;
(b) Has cared for the child or at least one sibling in
a sibling group under consideration for at least the past 12 consecutive
months; and
(c) Has been identified by the Department as a
potential adoptive resource for the child and when appropriate, the siblings in
a sibling group under consideration for adoption in the same adoptive family.
(5) “Department” means the Department of Human Services,
Child Welfare.
(6) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for unrelated children
or young adults who are placed in the home by the Department.
(7) “General applicant” means an individual who:
(a) Is neither a relative nor current caretaker; and
(b) Has submitted a completed application to adopt a
child.
(8) “Indian child” means any unmarried person who is
under age 18 and is either:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and the
biological child of a member of an Indian tribe.
(9) “Permanency committee” means a group of individuals
who are responsible for making a recommendation regarding a permanency plan or
potential permanency resource when the child or young adult likely is not
returning to his or her parent.
(10) “Permanency plan” means a written course of action
for achieving safe and lasting family resources for the child. Although the
plan may change as more information becomes available, the goal is to develop
safe and permanent family resources with the parents, relatives, or other
individuals who will assume legal responsibility for the child during the
remaining years of dependency and be accessible and supportive to the child in
adulthood.
(11) “Refugee child” means, as defined by ORS 418.925,
a person under 18 years of age who has entered the United States and is
unwilling or unable to return to the person’s country because of persecution or
a well-founded fear of persecution on account of race, religion, sex, sexual
orientation, nationality, membership in a particular group, or political
opinion, or whose parents entered the United States within the preceding 10
years and are or were unwilling or unable to return to their country because of
persecution or a well-founded fear of persecution on account of race, religion,
sex, sexual orientation, nationality, membership in a particular group, or
political opinion.
(a) As used in this section, “persecution” means that
harm or suffering will be inflicted upon the person in order to punish the
person for possessing a particular belief or characteristic. “Persecution” does
not include harm and suffering that is inflicted on persons generally by reason
of civil or military strife in a country.
(b) As used in this section, “fear of persecution”
means an apprehension or awareness, based on external objective facts, that the
person will suffer persecution upon return to the person’s country.
(12) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult
entering substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children” OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of the child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of the child or young adult when the half-sibling of the
child or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult; or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) The Department has approved the foster parent for
consideration as a guardian.
(13) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the children’s or young
adults’ legal or biological parents; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(14) “Substitute care” means the out-of-home placement
of a child or young adult who is in the legal or physical custody and care of
the Department.
(15) “Young adult” means a person aged 18 through 20
years who remains in the care and custody of the Department, and lives in
substitute care or lives independently through the Department’s Independent
Living Subsidy Program.
Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005,
418.945
Hist.: SCF 6-1996, f. & cert.
ef. 9-17-96; SOSCF 19-1998(Temp), f.& cert. ef. 10-30-98 thru 4-28-99;
SOSCF 6-1999 f. & cert. ef. 4-29-99; SOSCF 1-2001(Temp) f. & cert. ef.
1-24-01 thru 7-20-01; SOSCF 37-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 51-2003,
f. 12-31-03, cert. ef. 1-1-04; CWP 16-2010(Temp), f. & cert. ef. 7-1-10
thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0521
Substitute Care is a Temporary
Resource
(1) At initial placement, the caseworker must inform
the foster parent that substitute care is intended as a temporary placement
resource.
(2) In limited circumstances, a foster parent may
become an adoptive resource for a child.
(3) The child’s caseworker must keep the foster parent
informed of the child’s permanency plan and concurrent permanent plan.
Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005,
419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0541
When a Foster Parent Can Request
Consideration as a Potential Adoptive Resource
(1) A foster parent may request consideration as a
current caretaker for a child or a sibling group under consideration in the
legal custody of the Department when the requirements of all of the following
subsections are met:
(a) Adoption is each child’s identified permanency plan
or concurrent permanent plan, and the Department determines it is in the best
interest of the child or a sibling group under consideration to proceed with
identifying potential adoptive resources.
(b) The child or at least one sibling in a sibling
group under consideration has been in the physical custody of the foster parent
for the most recent 12 consecutive months.
(c) The foster parent is willing to be considered as a
potential adoptive resource for the child’s siblings currently in substitute
care and under consideration for adoption in the same adoptive family.
(d) The caseworker and the caseworker’s supervisor have
complied with the requirements of both of the following paragraphs:
(A) Reviewed the Department’s diligent efforts to
identify, contact, and place a child with relatives and to place siblings
together as required under both Child Welfare Policy I-E.1.1, “Search for and
Engagement of a Child’s Relatives”, OAR 413-070-0060 to 413-070-0087 and Child
Welfare Policy I-G.1.2, “Identification and Consideration of Potential Adoption
Resources”, OAR 413-120-0700 to 413-120-0760; and
(B) Confirmed there are no current Department actions
to ---
(i) Identify a child’s relative as defined in OAR
413-120-0510(12)(a)-(c); or
(ii) Assess an identified relative as defined in OAR
413-120-0510(12)(a)-(c) who has either expressed an interest in and needs to be
or currently is being assessed as a potential adoptive resource.
(2) When a child has one or more siblings, and two or
more foster parents meet the requirements of subsections (1)(a) to (1)(c) of
this rule, each may request consideration as a current caretaker, and if a
request is received, the Department must review each request as described in
these rules (OAR 413-120-0500 to 413-120-0595).
Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005,
419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0570
Permanency Committee Consideration
of Current Caretaker
(1) When a foster parent is requesting consideration as
current caretaker, the Department schedules a permanency committee pursuant to
Child Welfare Policy, I-E.3.6, “Legal Permanency, Concurrent Planning, and Use
of Permanency Committee”, OAR 413-070-0500 to 413-070-0519.
(2) The permanency committee must review all of the
information presented to the committee and consider the extent to which the
foster parent meets the following:
(a) The standards for an adoptive home under OAR
413-120-0246;
(b) The extent to which the foster parent has the
knowledge, skills, abilities and commitment to raise the child and each sibling
if there are siblings under consideration for adoption in the same adoptive
family; and
(c) The extent to which the ongoing needs for safety,
permanency, and well-being of each child and each sibling, if there are
siblings under consideration for adoption in the same adoptive family, will be
met under OAR 413-070-0640.
(3) After completing the review under section (2) of
this rule, the permanency committee considers all of the information,
deliberates, and, when committee members agree, makes a recommendation to the
Child Welfare Program Manager or designee.
(4) When the permanency committee cannot reach
agreement, each permanency committee member makes his or her respective
recommendations known to the committee facilitator.
Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005,
418.937, 418.945, 419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0580
Decision and Department Actions
(1) The Child Welfare Program Manager or designee who
makes the decision on behalf of the Department regarding a request of foster
parent for consideration as a current caretaker must consider all of the
following when making the decision:
(a) The considerations in OAR 413-120-0570(2);
(b) The information presented to the permanency
committee; and
(c) The recommendations of the permanency committee.
(2) The Child Welfare Program Manager’s or designee’s
decision regarding the request of a foster parent for consideration as a
current caretaker must be documented on a form approved by the Department and
must specify:
(a) Whether the foster parent will be considered; and
(b) When the foster parent will be considered as a
current caretaker, whether the adoption selection process will also include
consideration of a potential adoptive resource who either is a:
(A) Child’s relative as defined in OAR
413-120-0510(12)(d); or
(B) General applicant.
(3) When the foster parent will be considered as a
current caretaker, the certifier or an adoption worker must complete a home
study update within 90 calendar days of the decision.
Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005,
418.937, 418.945, 419B.192
Hist.: CWP 51-2003, f. 12-31-03,
cert. ef. 1-1-04; Renumbered from 413-120-0550, CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0590
When a Relative is Identified
When a child’s relative is identified and expresses
interest in being considered as a potential adoptive resource after a foster
parent has requested consideration or a permanency committee has been
scheduled, the Child Welfare Program Manager or designee must:
(1) Review the diligent efforts to identify and place a
child with a relative and to place siblings together as required under Child
Welfare Policy I-E.1.1., “Search for and Engagement of Relatives”, OAR
413-070-0060 to 413-070-0063;
(2) Determine whether it is in the child’s best
interest for the relative to be considered; and
(3) Determine whether the permanency committee to
consider the request of the foster parent will be held, cancelled, or
postponed.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
413-120-0595
Foster Parent Determined as
Current Caretaker before July 1, 2010
(1) When a foster parent had been recommended for
consideration as a potential adoptive resource through a current caretaker
committee or current caretaker committee held prior to July 1, 2010, the
decisions made by the Department remain in effect until an adoption selection
has been made.
(2) When a permanency committee recommends the current
caretaker for consideration as a potential adoptive resource for a child, the
current caretaker is considered pursuant to Child Welfare Policy I-G.1.5,
“Adoption Placement Selection”, OAR 413-120-0000 to 413-120-0060.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Adm.
Order No.: CWP 35-2010
Filed with Sec. of
State: 12-29-2010
Certified to be
Effective: 12-29-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 413-120-0700, 413-120-0710, 413-120-0720, 413-120-0730,
413-120-0750, 413-120-0760
Subject: OAR 413-120-0700 to 413-120-0760 about identification
and consideration of potential adoptive resources are being adopted to set out
clarify the Department’s preference for placement with relatives and siblings
for purposes of adoption and describe requirements regarding recruitment for
adoptive resources when a child is in the legal custody of the Department as
well as to make permanent and improve upon the temporary rules adopted on July
1, 2010. OAR 413-120-0700 is being adopted to state the purpose of the rules
regarding the Department’s requirements identifying and considering potential
adoptive resources. OAR 413-120-0710 is being adopted to define certain terms
which are included in the rules. OAR 413-120-0720 is being adopted to set out
and clarify the Department’s required efforts for placing with siblings and
relatives. OAR 413-120-0730 is being adopted to state the Department’s
requirements regarding placement preferences including assessing the potential
resources in the order of preference and information regarding sibling
planning. OAR 413-120-0750 is being adopted to more clearly describe the efforts
required by the Department regarding general recruitment. OAR 413-120-0760 is
being adopted to clarify information regarding steps the Department is required
or may follow when identifying a child’s potential adoptive resources.
Rules Coordinator: Annette Tesch—(503) 945-6067
413-120-0700
Purpose
These rules (OAR 413-120-0700 to 413-120-0760) describe
the responsibilities of the Department to ---
(1) Identify the potential adoptive resources for a
child or sibling group under consideration to best meet the current and
lifelong needs of each child for safety, permanency, and well-being; and
(2) Establish an order of preference for assessment and
consideration of potential adoptive resources.
Stat. Auth.: ORS 109.309, 409.050,
418.005
Stats. Implemented: ORS 109.309,
409.010, 418.005, 418.280, 418.285, 418.937, 419B.090, 419B.100, 419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10
413-120-0710
Definitions
The following definitions apply to OAR 413-120-0700 to
413-120-0760:
(1) “Adoption home study” means a written report
documenting the result of an assessment conducted by the Department, a licensed
adoption agency, or another public agency to evaluate the suitability of an
individual or individuals to adopt and make a lifelong permanent commitment to
a child or children.
(2) “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 where no
administrative review was requested within the timeframe allowed for such a
request or, if a review was requested, the selection was sustained by that
review and the review is complete.
(3) “Child” means a person under 18 years of age.
(4) “Current caretaker” means a foster parent who:
(a) Is currently caring for a child in the legal
custody of the Department who has a permanency plan or concurrent permanent
plan of adoption;
(b) Has cared for the child or at least one sibling in
a sibling group under consideration for at least the past 12 consecutive
months; and
(c) Has been identified by the Department as a
potential adoptive resource for the child and when appropriate, the siblings in
a sibling group under consideration for adoption in the same adoptive family.
(5) “Department” means the Department of Human
Services, Child Welfare.
(6) “Foster parent” means a person who operates a home
that has been approved by the Department to provide care for an unrelated child
or young adult placed in the home by the Department.
(7) “General applicant” means an individual who ---
(a) Is neither relative or current caretaker; and
(b) Has submitted a complete application to adopt a
child.
(8) “Indian child” means any unmarried person who is
under 18 years of age and is either --
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and the
biological child of a member of an Indian tribe.
(9) “Permanency committee” means a group of individuals
who are responsible for making a recommendation regarding a permanency plan or
potential permanent resource when the child or young adult likely is not
returning to his or her parent.
(10) “RCWAC” means the Refugee Child Welfare Advisory
Committee.
(11) “Refugee child” has the meaning given that term
per ORS 418.925.
(12) “Relative” means:
(a) An individual with one of the following
relationships to the child or young adult through the parent of the child or
young adult:
(A) Any blood relative of preceding generations denoted
by the prefixes of grand, great, or great-great.
(B) Any half-blood relative of preceding generations
denoted by the prefixes of grand, great, or great-great (individuals with one
common biological parent are half-blood relatives).
(C) A sibling, also to include an individual with a
sibling relationship to the child or young adult through a putative father.
(D) An aunt, uncle, nephew, niece, first cousin, and
first cousin once removed.
(E) A spouse of anyone listed in paragraphs (A) to (D)
of this subsection, even if a petition for annulment, dissolution, or
separation has been filed or the marriage is terminated by divorce or death. To
be considered a relative under this paragraph, the child or young adult must
have had a relationship with the spouse prior to the child or young adult
entering substitute care.
(F) For the purposes of an international adoption,
relative means an individual described in paragraphs (A) to (D) of this
subsection.
(b) An individual with one of the following
relationships to the child or young adult:
(A) An individual defined as a relative by the law or
custom of the tribe of the child or young adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the legal custody of a
tribe.
(B) An individual defined as a relative of a refugee
child or young adult under Child Welfare Policy I-E.2.2, “Placement of Refugee
Children” OAR 413-070-0300 to 413-070-0380.
(C) A stepparent described in OAR 413-100-0020(27)(c)
or former stepparent if the child or young adult had a relationship with the
former stepparent prior to the child or young adult entering substitute care; a
stepbrother; or a stepsister.
(D) The registered domestic partner of the parent of
the child or young adult or a former registered domestic partner of the parent
of the child or young adult if the child or young adult had a relationship with
the former domestic partner prior to entering substitute care.
(E) The adoptive parent of a sibling of a child or
young adult.
(F) The unrelated legal or biological father or mother
of a half-sibling of a child or young adult when the half-sibling of the child
or young adult is living with the unrelated legal or biological father or
mother.
(c) An individual identified by the child or young
adult or the family of the child or young adult, or an individual who
self-identifies, related to the child or young adult through the parent of the
child or young adult by blood, adoption, or marriage to a degree other than an
individual specified as a relative in paragraphs (A) to (D) of subsection (a)
of this section.
(d) An individual, although not related by blood,
adoption, or marriage identified as:
(A) A member of the family by the child or young adult
or the family of the child or young adult; and
(B) An individual who had an emotionally significant
relationship with the child or young adult or the family of the child or young
adult prior to the time the Department placed the child in substitute care.
(e) For eligibility for the Guardianship Assistance
program:
(A) A stepparent is considered a parent and is not a
relative for the purpose of eligibility for Guardianship Assistance unless a
petition for annulment, dissolution, or separation has been filed, or the
marriage to the child’s adoptive or biological parent has been terminated by
divorce or death.
(B) A foster parent may only be considered a relative
for the purpose of eligibility for Guardianship Assistance and only when the
requirements of all of the following subparagraphs are met:
(i) There is a compelling reason why adoption is not an
achievable permanency plan;
(ii) The foster parent is currently caring for a child
in the legal custody of the Department who has a permanency plan or concurrent
permanent plan of guardianship;
(iii) The foster parent has cared for the child for at
least the past 12 consecutive months; and
(iv) The Department has approved the foster parent for
consideration as a guardian.
(13) “Sibling” means one of two or more children or
young adults related:
(a) By blood or adoption through a common legal parent;
(b) Through the marriage of the legal or biological
parents of the children or young adults; or
(c) Through a legal or biological parent who is the
registered domestic partner of the legal or biological parent of the children
or young adults.
(14) “Substitute caregiver” means a relative caregiver,
foster parent, or provider who is authorized to provide care to a child or
young adult who is in the legal or physical custody of the Department.
Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309,
418.005, 418.285, 418.937, 419B.090, 419B.100, 419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10
413-120-0720
Department’s Efforts to Place with
Relatives and to Place Siblings Together
(1) The Department’s preference for placement of a
child for the purpose of adoption is placement with relatives and placing
siblings together.
(2) Prior to pursuing a non-related potential adoptive
resource, the caseworker and the caseworker’s supervisor must comply with the
requirements of both of the following subsections:
(a) Review the Department’s diligent efforts to
identify, contact, and place a child or young adult with relatives and to place
siblings together as required under Child Welfare Policy I-E.1.1, “Search for
and Engagement of a Child’s Relatives”, OAR 413-070-0060 to 413-070-0087; and
(b) Confirm there are no current Department actions to
identify or assess a child’s relative who has either expressed an interest in
and needs to be or currently is being assessed as a potential adoptive
resource, unless OAR 413-120-0730(1)(b) applies.
Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309,
418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10
413-120-0730
Order of Preference for
Identification of Potential Adoptive Resources
(1) Except as provided in sections (2) and (3) of this
rule, when considering potential adoptive resources for a child or sibling
group under consideration, the caseworker must consider the needs and the best
interest of each child, and assess the knowledge, skills, and abilities of each
potential adoptive resource in the following order of preference:
(a) A relative as defined in OAR
413-120-0710(12)(a)-(c);
(b) A relative as defined in OAR 413-120-0710(12)(d)
and a current caretaker;
(c) A general applicant.
(2) When the child is identified as an Indian child,
the caseworker must comply with Child Welfare Policy I-E.2.1, “Placement of
Indian Children”, OAR 413-070-0100 to 413-070-0260.
(3) When the child is identified as a refugee child,
the caseworker must comply with Child Welfare Policy I-E.2.2, “Placement of
Refugee Children”, OAR 413-070-0300 to 413-070-0380.
Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309,
418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. &
cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10
413-120-0750
Recruitment Efforts
(1) Except as provided in section (2) of this rule, the
Department’s recruitment efforts may not consider the race, color, or national
origin of a potential adoptive resource or a child.
(2) When recruiting potential adoptive resources for an
Indian child, the Department may consider the cultural heritage of a potential
adoptive resource or the child under Child Welfare Policy I-E.2.1, “Placement
of Indian Children”, OAR 413-070-0100 to 413-070-0260.
(3) The Department must begin recruitment for the child
or sibling group under consideration in a timely manner that is appropriate to
each child’s permanency and concurrent permanent plans.
(4) When a child is not fully free for adoption, the
legal assistance specialist must:
(a) Determine when recruitment may begin;
(b) Determine wh |