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Oregon Bulletin

May 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 2-2011(Temp)
  • Filed with Sec. of State: 3-22-2011
  • Certified to be Effective: 3-22-11 thru 9-18-11
  • Notice Publication Date:
  • Rules Amended: 413-070-0550
  • Subject: OAR 413-070-0550 about the approval and implementation of an APPLA permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child’s permanency plan to APPLA prior to approaching the court.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 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.
  • (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 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
  • Stats Implemented: ORS 418.005, 419A.004
  • 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; CWP 2-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • Rule Caption: Changing OARs affecting Child Welfare programs.
  • Adm. Order No.: CWP 3-2011(Temp)
  • Filed with Sec. of State: 3-22-2011
  • Certified to be Effective: 3-22-11 thru 9-18-11
  • Notice Publication Date:
  • Rules Amended: 413-070-0514, 413-070-0516, 413-070-0518, 413-070-0519
  • Subject: OAR 413-070-0514 about working with a child’s team regarding a permanency plan and concurrent permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child’s permanency plan to APPLA prior to approaching the court. This rule is also being amended to clarify when a caseworker must determine the Department has taken action on potential permanency resources prior to considering a change in the permanency plan.
  •       OAR 413-070-0516 about the use of a permanency committee is being amended to clarify and reference an exception to the process described in these rules to use a permanency committee to make a recommendation that a foster parent be considered as a child’s potential adoptive resource.
  •       OAR 413-070-0518 about the composition, scheduling, responsibilities, and recommendation of the permanency committee is being amended to modify its description of who is considered a member of the permanency committee and broaden the individuals who may be invited to come and present information to the permanency committee.
  •       OAR 413-070-0519 about the decision of the permanency committee and the notice of that decision is being amended to modify the rule title to better match the content of the rule.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 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 Department, the child or young adult, the family of child or young adult, or a member of the team of the child or young adult; and the caseworker must review with the team of the child or young adult:
  • (a) The outcome of the assessment of potential permanency resources; and
  • (b) The Department’s efforts to develop and maintain the relationship of the child or young adult 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) 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 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.
  • (b) A Child Welfare Program Manager must make the decision on behalf of the Department:
  • (A) To approve changing the permanency plan to 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 APPLA.
  • Stat. Auth.: ORS 418.005
  • Stats Implemented: ORS 418.005
  • Hist.: CWP 27-2010, f. & cert. ef. 12-29-10; CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 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 under OAR 413-100-0132. The permanency committee provides a recommendation based upon the considerations in OAR 413-110-0132(2).
  • (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)(b).
  • Stat. Auth.: ORS 418.005
  • Stats Implemented: ORS 418.005
  • Hist.: CWP 27-2010, f. & cert. ef. 12-29-10; CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 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; and
  • (E) A member of the RCWAC, if the child or young adult is a refugee child.
  • (2) The substitute caregiver of the child or young adult, or 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, may be 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; CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 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; CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • Rule Caption: Changing OARs affecting Child Welfare programs.
  • Adm. Order No.: CWP 4-2011(Temp)
  • Filed with Sec. of State: 3-22-2011
  • Certified to be Effective: 3-22-11 thru 9-18-11
  • Notice Publication Date:
  • Rules Amended: 413-120-0730, 413-120-0750, 413-120-0760
  • Subject: OAR 413-120-0730 is being amended to clarify the order of preference in identifying potential adoptive resources for a child.
  •       OAR 413-120-0750 is being amended to clarify when an exception can be made for the required recruitment efforts seeking an appropriate adoptive resource for a child.
  •       OAR 413-120-0760 is being amended to clarify the identification of potential adoptive resources for a child. This rule is also being amended to state the considerations and circumstances to grant an exception to the order of preference in the selection of potential adoptive resources.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 413-120-0730
  • Order of Preference for Identification of Potential Adoptive Resources
  • (1) Except as provided in sections (2) and (3) of this rule, when identifying potential adoptive resources for a child or sibling group under consideration, the caseworker must consider the needs and the best interest of each child, and assess the knowledge, skills, and abilities of each potential adoptive resource in the following order of preference:
  • (a) A relative as defined in OAR 413-120-0710(12)(a)-(c).
  • (b) A relative as defined in OAR 413-120-0710(12)(d), or a current caretaker (except when OAR 413-120-0580(2)(b)(B) applies), or both.
  • (c) A current caretaker and a general applicant, when a determination has been made under OAR 413-120-0580(2)(b)(B).
  • (d) Except as provided in subsection (c) of this section, a general applicant.
  • (2) When the child is identified as an Indian child, the caseworker must comply with Child Welfare Policy I-E.2.1, “Placement of Indian Children”, OAR 413-070-0100 to 413-070-0260.
  • (3) When the child is identified as a refugee child, the caseworker must comply with Child Welfare Policy I-E.2.2, “Placement of Refugee Children”, OAR 413-070-0300 to 413-070-0380.
  • Stat. Auth.: ORS 109.309, 418.005
  • Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
  • Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 413-120-0750
  • Recruitment Efforts
  • (1) Except as provided in section (2) of this rule, the Department’s recruitment efforts may not consider the race, color, or national origin of a potential adoptive resource or a child.
  • (2) When recruiting potential adoptive resources for an Indian child, the Department may consider the cultural heritage of a potential adoptive resource or the child under Child Welfare Policy I-E.2.1, “Placement of Indian Children”, OAR 413-070-0100 to 413-070-0260.
  • (3) The Department must begin recruitment for the child or sibling group under consideration in a timely manner that is appropriate to each child’s permanency and concurrent permanent plans.
  • (4) When a child is not fully free for adoption, the legal assistance specialist must:
  • (a) Determine when recruitment may begin;
  • (b) Determine whether recruitment may begin for a child with extraordinary needs before the Department initiates the process to free the child for adoption; and
  • (c) Notify the caseworker to begin recruitment efforts.
  • (5) As part of the identification of general applicants who will be considered in the adoption placement selection process, the child’s caseworker must conduct recruitment activities including, at a minimum, ensuring a Waiting Child Bulletin has been posted, for at least 30 days, unless one or more of the following subsections applies:
  • (a) An exception to this timeline has been approved by the Assistant Adoption Program Manager or designee.
  • (b) The Department has determined, under Child Welfare Policy I-E.3.6, “Legal Permanency, Concurrent Planning and Use of Permanency Committee”, OAR 413-070-0516, that an individual known to the child or sibling group under consideration, should be assessed for consideration as the potential adoptive resource, based upon the following:
  • (A) The best interest of each child under consideration;
  • (B) The strength of the relationship between each child under consideration and the individual;
  • (C) The likelihood that the individual will have a positive adoption home study and be able to meet the Department standards under Child Welfare Policy I-G.1.3, “Adoption Applications, Adoption Home Studies, and Standards for Adoption, OAR 413-120-0246(1); and
  • (D) The individual has demonstrated the knowledge, skills, abilities, and commitment to raise each child under consideration for adoption; and
  • (E) The individual has the capacity to meet the current and lifelong safety, permanency, and well-being needs of the child under Child Welfare Policy I-E.3.1, “Placement Matching”, OAR 413-070-0640.
  • (c) An exception to the order of preference was granted by the Adoption Program Manager under OAR 413-120-0760.
  • (6) Recruitment activities under section (5) of this rule are not required when the Department has planned for:
  • (a) The child or sibling group under consideration to be adopted by a relative of at least one of the siblings under consideration; or
  • (b) The child or sibling group under consideration to be adopted by a current caretaker.
  • (7) The Department’s recruitment efforts for a child or sibling group under consideration must be documented in the Department’s information system.
  • Stat. Auth.: ORS 109.309, 418.005
  • Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
  • Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 413-120-0760
  • Identification of a Child’s Potential Adoptive Resources
  • (1) When identifying potential adoptive resources for a child, the child’s caseworker may
  • (a) After discussion with his or her supervisor and on a case-by-case basis, consult with a birth parent to identify one to three potential adoptive resources; and
  • (b) Provide a birth parent with non-identifying information from the adoption home study of a potential adoptive resource who is a general applicant not known to the parent or child.
  • (2) When more than one relative is interested in being an adoptive resource, the Department must consult with those interested to facilitate agreement on the most appropriate potential adoptive resource.
  • (a) When agreement cannot be reached, the Department considers relatives among both maternal and paternal family members who have expressed an interest, and chooses up to a total of three families for adoption home studies, to be conducted by either the Department or another public or private agency.
  • (b) When an adoption home study has been initiated and the potential adoptive resource is not approved or withdraws, the Child Welfare Program Manager or designee decides whether the Department will initiate adoption home studies with additional relatives based upon:
  • (A) The best interest of the child; and
  • (B) The impact on achieving permanency when pursuing additional studies.
  • (3) The child’s caseworker must comply with the requirements of all of the following subsections:
  • (a) Make reasonable efforts to identify and place the child with an adoptive resource in a timely manner.
  • (b) Request input about the knowledge, skills, abilities, and commitment a potential adoptive resource needs to best be able to meet the current and lifelong needs of the child from:
  • (A) Professionals who have worked closely with the child, when applicable; and
  • (B) The child’s attorney, CASA, tribal representative, RCWAC representative, and substitute caregiver, when applicable.
  • (c) Receive and review adoption home studies in a timely manner.
  • (d) Following consultation with his or her supervisor, identify up to three potential adoptive resources following the order of preference in OAR 413-120-0730 to be considered for adoption placement selection who:
  • (A) Meet the standards of an adoptive home in Child Welfare Policy I-G.2.1, “Adoption Applications, Adoption Home Studies, and Standards for Adoption”, OAR 413-120-0246;
  • (B) Have the knowledge, skills, abilities, and commitment to raise each child under consideration for adoption; and
  • (C) Have the capacity to meet the current and lifelong safety, permanency, and well-being needs of the child under Child Welfare Policy I-E.3.1, “Placement Matching”, OAR 413-070-0640.
  • (4) If the caseworker is unable to identify any potential adoptive resources for adoption placement selection in the first order of preference set forth in OAR 413-070-0730(1) who are relatives as defined in OAR 413-120-0710(12)(a)-(c) and meet the criteria in paragraphs (3)(d)(A)-(C) of this rule, the caseworker may identify one to three potential adoptive resources who meet the criterion in paragraphs (3)(d)(A)-(C) of this rule who may include a relative or relatives as defined in OAR 413-120-0710(12)(d) or a current caretaker.
  • (5) If the caseworker is unable to identify any potential adoptive resources for adoption placement selection in the first or second order of preference set forth in OAR 413-070-0730(1) -- who are relatives as defined in OAR 413-120-0710(12)(a)-(d) or a current caretaker and meet the criteria in paragraphs (3)(d)(A)-(C) of this rule -- or a Child Welfare Program Manager has made the decision to consider a current caretaker along with general applicant under OAR 413-120-0580(2), the caseworker must identify one to three general applicants as potential adoption resources.
  • (6) The caseworker may, in consultation with his or her supervisor, submit a written recommendation to the Child Welfare Program Manager that an exception to the order of preference set forth in OAR 413-120-0730(1) be requested to allow consideration of additional potential adoptive resources for adoption placement selection when the caseworker believes that an exception is in the best interest of each child.
  • (a) Upon the recommendation of a caseworker and supervisor, the Child Welfare Program Manager may submit a written request for an exception to the order of preference set forth in OAR 413-120-0730(1) from the Adoption Program Manager if the Child Welfare Program Manager determines that an exception is in the best interest of each child.
  • (b) The Child Welfare Program Manager’s written request must include the following documentation:
  • (A) The potential adoptive resources already identified for the adoption placement selection process;
  • (B) The relative, current caretaker, or specific general applicant the caseworker is requesting for inclusion in the adoption placement selection process;
  • (C) How the relative, current caretaker, or specific general applicant meets the criteria in subsection (3)(d) of this rule;
  • (D) Why inclusion of the relative, current caretaker, or specific general applicant in the adoption placement selection process is in the best interest of each child;
  • (E) The special needs of each child; and
  • (F) Whether and how the relative, current caretaker, or specific general applicant support the child’s ability to continue emotionally significant relationships with relatives.
  • (c) Within 30 calendar days of receipt of the request for exception, the Adoption Program Manager must review the materials submitted and determine whether or not to grant the exception to the order of preference and include the relative, current caretaker, or specific general applicant in the adoption selection process.
  • (d) In reviewing the request and determining whether or not to grant the exception, the Adoption Program Manager shall consider the following factors:
  • (A) How the relative, current caretaker, or specific general applicant meets the criteria in subsection (3)(d) of this rule;
  • (B) Why inclusion of the relative, current caretaker, or specific general applicant in the adoption placement selection process is in the best interest of each child;
  • (C) The special needs of each child; and
  • (D) Whether and how the relative, current caretaker, or specific general applicant supports the child’s ability to continue emotionally significant relationships with relatives.
  • (E) The length of a child’s placement with an individual may not be considered as the sole basis for granting an exception.
  • (e) Within ten business days of making a determination whether or not to grant the exception, the Adoption Program Manager must specify in writing to the Child Welfare Program Manager:
  • (A) Whether or not the exception was granted;
  • (B) How the determination supports the best interest of each child; and
  • (C) The relative, current caretaker, or specific general applicant to be included in the adoption placement selection process along with the one to three potential adoptive resources already identified by the caseworker.
  • (7) In consultation with the supervisor, the caseworker must determine the appropriate adoption selection process pursuant to Child Welfare Policy I-G.1.5, “Adoption Placement Selection”, OAR 413-120-0020.
  • (8) The caseworker must consult with the adoption worker for each of the identified potential adoptive resources pursuant to Child Welfare Policy I-G.1.5, “Adoption Placement Selection”, OAR 413-120-0021(2).
  • (9) The caseworker must document the actions taken under this rule in the Department’s information system.
  • Stat. Auth.: ORS 109.309, 418.005
  • Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
  • Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • Rule Caption: Changing OARs affecting Child Welfare programs.
  • Adm. Order No.: CWP 5-2011(Temp)
  • Filed with Sec. of State: 3-22-2011
  • Certified to be Effective: 3-22-11 thru 9-18-11
  • Notice Publication Date:
  • Rules Amended: 413-120-0020, 413-120-0021, 413-120-0035, 413-120-0060
  • Subject: OAR 413-120-0020 about adoption placement selection options is being amended to clarify the actions the Department may be taking in searching for a child’s relatives when considering how to move forward with adoption selection processes. This rule is also being amended to clarify how an adoption selection is made when the Department has granted an exception to the order of preference in adoption selection.
  •       OAR 413-120-0021 about adoption placement selection by a caseworker is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the process.
  •       OAR 413-120-0035 about the invitation to and notification of the adoption committee is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the adoption committee process. This rule is also being amended to state when an exception to timelines set forth in the rule can be implemented.
  •       OAR 413-120-0060 is being amended to clarify the Department staff who must receive notice upon receipt of a request for the review of an adoption selection decision.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 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, nor is the Department or another entity conducting an adoption home study for 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 as defined in OAR 413-120-0010(16)(a)-(c);
  • (B) A relative as defined in OAR 413-120-0010(16)(d) and a current caretaker;
  • (C) A current caretaker considered under OAR 413-120-0595 and a general applicant; or
  • (D) A relative, current caretaker, or specific general applicant for whom an exception to the order of preference has been granted under OAR 413-120-0760.
  • (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
  • 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; CWP 5-2010(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 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 an adoption home study to be conducted with a relative 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; CWP 5-2010(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 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 an adoption home study to be conducted with the relative 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.
  • (11) The timelines in this rule may be changed by the committee facilitator when the individuals identified in OAR 413-120-0025(1), (2), and (3) agree on a new timeline.
  • 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; CWP 5-2010(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • 413-120-0060
  • Review of the Adoption Placement 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 OAR 413-120-0057(2)(b).
  • (c) When a request for review has been received, the Adoption Program Manager or designee must notify the DHS Assistant Director for CAF or designee and 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 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; CWP 5-2010(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
  •  
  • Rule Caption: Changing OARs affecting Child Welfare programs.
  • Adm. Order No.: CWP 6-2011(Temp)
  • Filed with Sec. of State: 4-4-2011
  • Certified to be Effective: 4-4-11 thru 10-1-11
  • Notice Publication Date:
  • Rules Amended: 413-110-0132
  • Subject: OAR 413-110-0132 about the process to be followed and considerations to be made when separating siblings for purposes of adoption is being amended to clarify when the Department utilizes a permanency committee process for seeking a sibling separation decision, clarify when this is not required, and to make the rule easier to follow.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 413-110-0132
  • Consideration of Sibling Separation
  • (1) A permanency committee is used to consider the permanent separation of siblings in the legal custody of the Department through adoption, unless an adoptive resource has been selected for one or more siblings.
  • (2) The permanency 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.
  • (3) 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.
  • (4) When the permanency committee cannot reach agreement, each permanency committee member makes his or her respective recommendations known to the committee facilitator.
  • (5) 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 (2)(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 & 418.945
  • 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; CWP 6-2011(Temp), f. & cert. ef. 4-4-11 thru 10-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

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