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Oregon Bulletin

February 1, 2011

 

Department of Human Services,
Children, Adults and Families Division: Child Welfare Programs
Chapter 413

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