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Oregon Bulletin

October 1, 2012

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 4-2012

Filed with Sec. of State: 8-31-2012

Certified to be Effective: 9-1-12

Notice Publication Date: 8-1-2012

Rules Amended: 413-120-0830

Subject: OAR 413-120-0830 about Department actions prior to the physical placement of a child in the home of the family selected to be the adoptive resource is being amended to revise the policy about when the Department may issue a foster care certificate for a selected adoptive family. This amendment allows the Department to issue a foster care certificate by accepting the paperwork submitted from the private adoption agency that completed the adoption approval certificate, and clarifies the authority of the Department to issue a foster care certificate when a home study has been completed for the family who applied to adopt. It also updates names used to identify the organization.

Rules Coordinator: Annette Tesch—(503) 945-6067

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 the Office of Child Welfare Programs or designee gives notice of the intent to review, until that review is complete.

(4) The Department may issue a child specific foster care certificate to an individual or individuals who have been selected as an adoptive resource when:

(a) Department staff have completed an assessment and home study under OAR 413-200-0274 for an adoptive applicant; or

(b) A child-caring agency licensed under OAR 413-215-0001 to 413-215-0131 and 413-215-0414 to 413-215-0481 as an adoption agency has submitted all of the following to the Department:

(A) Verification that the adoptive resource has completed the adoption agency orientation required under OAR 413-215-0446(2) and training required under 413-215-0456;

(B) The home study prepared subsequent to the assessment of the family described in OAR 413-215-0451;

(C) A copy of the checklist verifying the safety of the home and surrounding environment;

(D) Documentation verifying the approval of the criminal history and child abuse history checks required under OAR 413-215-0451(2)(s) and (t); and

(E) A copy of the Certificate of Approval as a potential adoptive resource.

(5) The child specific foster care certificate issued under subsection (4)(a) of this rule has a begin date coinciding with the date of approval of the most recent home study or home study update, and an end date two years from that approval unless the criminal records check required under OAR 413-120-0460 requires an earlier end date.

(6) The child specific foster care certificate issued under subsection (4)(b) of this rule is a two-year certificate with a begin date coinciding with the approval of the home study or home study update.

(7) When a child specific foster care certificate is issued under section (4) of this rule, the home visits required by a certifier under OAR 413-200-0283(1) are not required. Caseworker contact requirements for monitoring child safety under 413-080-0059 are required.

Stat. Auth.: ORS 418.005 & 418.640
Stats. Implemented: ORS 418.005, 418.630 & 418.640
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; CWP 4-2012, f. 8-31-12, cert. ef. 9-1-12


 

Rule Caption: Changing OARs affecting Child Welfare programs.

Adm. Order No.: CWP 5-2012

Filed with Sec. of State: 9-7-2012

Certified to be Effective: 9-7-12

Notice Publication Date: 8-1-2012

Rules Amended: 413-015-0470

Rules Repealed: 413-015-0470(T)

Subject: OAR 413-015-0470 about child protective services (CPS) assessments and notifications is being amended to modify the notification at the conclusion of a CPS assessment to be a verbal notification rather than a written notification. There will still be written notification to perpetrators of founded dispositions. This amendment further details the documentation requirements as they relate to the notification. These amendments also make permanent temporary rule changes adopted on March 12, 2012.

Rules Coordinator: Annette Tesch—(503) 945-6067

413-015-0470

Notifications

(1) Requirements for Providing Notifications. The CPS worker must:

(a) Unless the Department determines that disclosure is not permitted under ORS 419B.035, notify the reporter, if the reporter provided the Department with contact information, whether contact was made, whether the Department determined that child abuse or neglect occurred, and whether services will be provided.

(b) Provide the child’s parents, including a non-custodial legal parent, and caregivers verbal notification of all CPS assessment dispositions (unfounded, unable to determine, or founded) and whether the Department will provide services as a result of the CPS assessment. When the child’s parent is the perpetrator, the notice under subsection (c) of this section also must be provided. If notification may make a child or adult unsafe, a CPS supervisor may authorize an exception to the requirement to provide notification based on documentation supporting that conclusion.

(c) Provide perpetrators written notification of founded dispositions. This written notification must include information about the founded disposition review process as outlined in Child Welfare Policy I-A.6.1, “Notice and Review of CPS Founded Dispositions”, OAR 413-010-0700 to 413-010-0750. If the notification could make a child or adult unsafe, a CPS supervisor may authorize an exception to the requirement to provide notification based on documentation that supports this conclusion.

(2) Documentation of Notifications. The CPS worker must document the notifications as described in this rule in the Department’s electronic information system in the same location where the CPS assessment disposition is currently documented and the documentation must include:

(a) Who made the notification.

(b) To whom the notification was made.

(c) The date the notification was made.

(d) That the notifications have been attempted or made within the following time lines:

(A) Prior to completing the CPS assessment for a notification provided under subsection (1)(a) of this rule.

(B) Within five business days of supervisory approval of the CPS assessment for a notification provided under subsection (1)(b) or (1)(c) of this rule.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.005 to 419B.050
Hist.: CWP 3-2007, f. & cert. ef. 3-20-07; CWP 8-2009, f. 7-29-09, cert. ef. 8-3-09; CWP 1-2012(Temp), f. & cert. ef. 3-12-12 thru 9-8-12; CWP 5-2012, f. & cert. ef. 9-7-12


 

Rule Caption: Changing OARs affecting Child Welfare programs.

Adm. Order No.: CWP 6-2012

Filed with Sec. of State: 9-7-2012

Certified to be Effective: 9-7-12

Notice Publication Date: 8-1-2012

Rules Amended: 413-010-0500

Subject: OAR 413-010-0500 about contested case hearings is being amended to correct its cross-reference to the policy and rules about records check requirements for relative caregivers, foster parents, adoptive resources, and other persons in the household.

Rules Coordinator: Annette Tesch—(503) 945-6067

413-010-0500

Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time

(1) The purpose of these rules (OAR 413-010-0500 to 413-010-0535) is to:

(a) State the rights of individuals and entities to request a contested case hearing when the Department takes certain actions; and

(b) Set forth rules governing some aspects of the contested case hearings process.

(2) The individuals and entities described below have the right to request a contested case hearing under ORS Chapter 183. In order to exercise the right to a hearing, the individual or entity must submit and the Department must receive a hearing request which complies with OAR 413-010-0505 within the timeframes described in that rule.

(a) A child or young adult placed in substitute care by the Department may request a hearing in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights that:

(A) Reduces or terminates the base rate payment;

(B) Determines, denies, reduces or terminates a level of care payment;

(C) Determines, denies, reduces or terminates a level of personal care payment;

(D) Denies eligibility under Title IV-E of the Social Security Act when such denial impacts a benefit;

(E) Denies, reduces or terminates the base rate payment made on behalf of the child’s or young adult’s minor child when the minor child:

(i) Lives with the child or young adult in substitute care; and

(ii) Is not in the legal custody of the Department; or

(F) Denies eligibility for medical assistance under Child Welfare Policy I-E.6.2, “Title XIX and General Assistance Medical Eligibility,” (OAR 413-100-0400 through 413-100-0610) when such denial impacts assistance.

(b) Unless an adoption assistance agreement automatically expires, a pre-adoptive family or an adoptive family applying for or receiving adoption assistance under Child Welfare Policy I-G.3.1, “Adoption Assistance,” (OAR 413-130-0000 to 413-130-0130) may request a hearing in the manner set forth in 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E adoption assistance benefits;

(B) Denies adoption assistance from state funds;

(C) Reduces adoption assistance payments or terminates adoption assistance without the concurrence of the adoptive family;

(D) Reduces adoption assistance payments or terminates adoption assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(E) Offers the family a specific amount or type of adoption assistance when the Department and the adoptive family or pre-adoptive family are unable to reach agreement through a negotiation or renegotiation under OAR 413-130-0070 or 413-130-0075.

(c) Unless a guardianship assistance agreement automatically expires, a potential guardian or a guardian applying for or receiving guardianship assistance payments under Child Welfare Policy I-E.3.6.2, “Guardianship Assistance,” (OAR 413-070-0900 to 413-070-0982) in the manner set forth in 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E guardianship assistance benefits;

(B) Terminates, reduces, or otherwise changes guardianship assistance payments without the concurrence of the guardian;

(C) Terminates guardianship assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(D) Offers the family a specific amount or type of guardianship assistance when the Department and the guardian or potential guardian are unable to reach agreement through a negotiation or renegotiation under OAR 413-070-0917, 413-070-0939, or 413-070-0969.

(d) An applicant for a Certificate of Approval or a certified family may request a hearing in the manner set forth in OAR 413-010-0505 when the Department denies the application or revokes a certificate under Child Welfare Policy II-B.1, “Standards for Certification of Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources,” (OAR 413-200-0301 to 413-200-0396);

(e) An applicant for a license to operate a private child-caring agency or a licensee may request a hearing in the manner set forth in OAR 413-010-0505 when the Department denies, suspends, or revokes a license or imposes a civil penalty under Child Welfare Policy II-C.1, “Licensing Umbrella Rules,” (OAR 413-215-0000 to 413-215-0131);

(f) An organization or school that operates a residential care program for children and is not also a private child-caring agency may request a hearing in the manner set forth in OAR 413-010-0505 when the Department orders the organization or school to alter the conditions under which a child lives or receives schooling or denies, suspends or revokes a license under Child Welfare Policy II-C.1, “Licensing Umbrella Rules,” (413-215-0000 to 413-215-0131);

(g) An applicant to adopt or an applicant for a Certificate of Approval may request a hearing in the manner set forth in OAR 413-010-0505 when the Department determines that the applicant is unfit based on the criminal offender information or a false statement regarding criminal offender information of the applicant or of another individual in the household of the applicant under Child Welfare Policy I-G.1.4, “Criminal Records Check Requirements for Relative Caregivers, Foster Parents, Adoptive Resources, and Other Persons in the Household,” (413-120-0400 to 413-120-0475).

(3) A person may request a hearing in the manner set forth in OAR 413-010-0505 when that person has the right to a contested case hearing under a statute concerning Child Welfare Programs or a rule in Chapter 413.

(4) These rules (OAR 413-010-0500 to 413-010-0535), apply to contested cases arising from the properly made hearings requests described in sections (2) and (3) of this rule. The following other rules do or do not apply as noted:

(a) OAR 137-003-0501 to 137-003-0700 apply to these contested cases, except to the extent that rules in Chapter 413 are permitted to and provide otherwise.

(b) Rules in Chapter 461 do not apply to these contested cases unless a rule in Chapter 413 expressly refers to them.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411 - 183.685, 411.095, 418.005
Hist.: SOSCF 32-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09; CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11; CWP 6-2012, f. & cert. ef. 9-7-12

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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