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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 30

CASE MANAGEMENT — PROGRAM ELIGIBILITY

Family Support Services

413-030-0000

Purpose

The purpose of these rules (OAR 413-030-0000 to 413-030-0030) is to describe the responsibilities of the Department in providing family support services, including:

(1) Eligibility criteria;

(2) Determination of service needs;

(3) Development of the family support services case plan;

(4) Development of Service Agreements;

(5) Caseworker contact and monitoring requirements; and

(6) Timelines for reviewing progress.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0003

Definitions

The following definitions apply to OAR 413-030-0000 to 413-030-0030:

(1) "Child" means a person under 18 years of age.

(2) "Department" means the Department of Human Services, Child Welfare.

(3) "Expert evaluation" means a written assessment prepared by a professional with specialized knowledge of a particular subject matter such as physical health, psychological health, mental health, sexual deviancy, substance abuse, and domestic violence. The assessment provides information regarding an individual's functioning in the area of the professional's specialized knowledge and when the expert is evaluating a parent or guardian, whether the individual's functioning impacts his or her protective capacity.

(4) "Family support services case plan" means a goal-oriented, time-limited, individualized plan for a child and the child's family or a former foster child. The Department and the family or former foster child jointly develop a "family support services case plan" that addresses the service goals and the identified needs of the child and the child's family or the former foster child.

(5) "Former foster child" means a person under 21 years of age who was in substitute care at or after 16 years of age, including substitute care provided by federally recognized tribes, and had been in substitute care for at least 180 cumulative days after 14 years of age.

(6) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(7) "ILP" means the Independent Living Program services provided by the Department to an eligible foster child or former foster child.

(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) "Service Agreement" means a written document between the Department and a parent, guardian, or former foster child that identifies one or more of the service goals in a family support services case plan, and the services and activities that are necessary for the parent, guardian, or former foster child to achieve the goal.

(10) "Service goal" means the observable, sustained change in behavior, condition, or circumstance that, when accomplished, achieves the desired effect.

(11) "Short term services" mean actions or activities that are limited in duration to a maximum of 180 days.

(12) "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.

(13) "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.

(14) "Young adult" means a person aged 18 through 20 years.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0006

Eligibility For Family Support Services

(1) A parent, guardian, or former foster child may be eligible for family support services if the requirements of one of the following subsections are met:

(a) A parent or guardian requests out-of-home placement of a child due solely to the emotional, behavioral, or mental disorder or developmental or physical disability of the child, as described in Child Welfare Policy I-B.1.3.1, "Voluntary Placement Agreement", OAR 413-020-0060 to 413-020-0090.

(b) A parent or guardian requests that the Department take temporary custody of a child due to conditions described in Child Welfare Policy I-B.1.3, "Voluntary Custody Agreement", OAR 413-020-0000 to 413-020-0050.

(c) A former foster child eligible to receive Independent Living Program (ILP) services requests those services.

(d) A parent or guardian requests post adoption or post legal guardianship services in connection with an adoption or legal guardianship that occurred through the Department.

(e) A parent or guardian requests assistance with a child in the home, and all of the following paragraphs apply:

(A) Other community resources have been utilized and determined to be ineffective.

(B) Members of the extended family and other responsible adults who are well known to the child have been explored or utilized and determined to be unsafe, unavailable, unwilling, or ineffective as support for the family.

(C) The parent or guardian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition.

(D) The inability of the parent or guardian to fulfill parental responsibilities is temporary and immediate; and will be alleviated with short term services or short term services will transition the family to community services.

(E) A Child Welfare program manager approves the request for voluntary services.

(2) Service eligibility requires the full and ongoing cooperation of the parent, guardian, or former foster child in:

(a) The determination of need;

(b) The preparation of the family support services case plan; and

(c) The monitoring of the family support services case plan.

(3) If the Department determines that funds for family support services are unavailable, the Department will not provide services for those who are eligible for services under subsection (1)(e) of this rule.

(4) The Department must provide family support services when a court has ordered the Department to provide services to a pre-adjudicated delinquent.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-030-0020, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0009

Determination of the Service Needs

(1) Within 30 days of receiving the family support services screening information, the caseworker must determine the service needs by completing the following actions:

(a) Provide the parent, guardian, or former foster child with a Service Application.

(b) Initiate the process to determine the child's ICWA status and notify the Indian child's tribe if ICWA applies. To initiate this process, the caseworker must:

(A) Complete a form CF 1270, Verification of ICWA Eligibility, to assist in determining ICWA eligibility.

(B) Contact the child's tribe when an Indian child's family is requesting placement of the child per the requirements of OAR 413-070-0160(1), "Placement of Indian Children."

(C) Consult with the local Child Welfare ICWA liaison or a supervisor if the caseworker has questions regarding the involvement of a tribe or the ICWA status of the child.

(c) Within five working days of receipt of the case, confirm there is no current reported safety threat to the child by reviewing the screening information and the child welfare case records for all family members living in the household.

(d) Within ten working days of receipt of the case, make initial face-to-face contact with the parent, guardian, or former foster child to assess current behaviors, conditions, and circumstances in the family and gather specific information on the needs of the parent, guardian, or former foster child.

(e) Within ten working days of receipt of the case, when the child is in the home of the parent or guardian, make initial face-to-face contact with the child to assess the identified needs of the child.

(f) When the child is in substitute care, make monthly face-to-face contact as required under OAR 413-080-0054.

(g) To determine service needs, the caseworker must, at a minimum, observe:

(A) The parent, guardian, or former foster child in the home environment;

(B) The child or former foster child in his or her home or substitute care placement; and

(C) The interactions between family members.

(h) Obtain from the parent, guardian, or former foster child the names of persons who can provide additional information on the needs of the child, former foster child, or the family, when appropriate.

(i) Ask the parent, guardian, or former foster child to sign an authorization to release information to enable the Department to obtain additional information from physicians, mental health providers, school employees, or other service and treatment providers, when appropriate.

(j) After obtaining the authorization to release information, contact service and treatment providers, when appropriate, to understand the past and current services and treatment of the family and the child or former foster child.

(k) Obtain expert evaluations when appropriate to determine specific service or treatment needs when a condition or behavior requires additional professional information regarding a person's functioning.

(l) Analyze the behaviors, conditions, and circumstances of the family to determine service or treatment needs based upon information gathered from the activities in subsections (a) to (k) of this section.

(m) Document the findings of the activities in subsections (a) to (k) of this section in the Department's electronic information system.

(2) The caseworker must use the information and determination of service and treatment needs to develop an individualized family support services case plan that addresses the specific identified needs:

(a) The caseworker must also refer to Child Welfare Policy I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the child is an Indian child.

(b) When a family is eligible for out-of-home placement due to the child's special needs or placement is ordered through the court, the caseworker must also refer to Child Welfare Policies I-E.3.1, "Placement Matching", OAR 413-070-0600 to 413-070-0645; I-B.1.3.1, "Voluntary Placement Agreement", OAR 413-020-0060 to 413-020-0090; I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the child is an Indian child, and I-B.1, "Monitoring Child Safety", OAR 413-080-0040 to 413-080-0067.

(c) When a former foster child requests ILP services, the caseworker must also refer to Child Welfare Policies I-B.2.3.5, "Youth Transitions", OAR 413-030-0400 to 413-030-0460 and I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the child is an Indian child.

(d) When a family requests that the Department take voluntary custody of the child, the caseworker must also refer to Child Welfare Policies I-E.3.1, "Placement Matching", OAR 413-070-0600 to 413-070-0645; I-B.1.3, "Voluntary Custody Agreement", OAR 413-020-0000 to 413-020-0050; I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the child is an Indian child; and I-B.1, "Monitoring Child Safety", OAR 413-080-0040 to 413-080-0067.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0013

Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations

(1) The caseworker may secure an expert evaluation of the parent, guardian, or child, when appropriate, to determine treatment or service needs or to assist in assessing child safety when there is a specific condition or behavior that requires additional professional information regarding a person's functioning. Examples include, but are not limited to:

(a) The parent, guardian, or child is displaying unusual or bizarre behaviors that are indicative of emotional or behavioral problems;

(b) Physical illness, physical disability, or mental illness;

(c) Suicidal ideation; or

(d) Homicidal ideation.

(2) The caseworker must obtain the consent of the parent or guardian prior to arranging an expert evaluation of the parent or guardian.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0016

Requirements for the Family Support Services Case Plan

(1) The caseworker must analyze the information gathered during the determination of service needs to develop a family support services case plan. The family support services case plan must include all of the following information:

(a) Family composition, which includes identifying information for --

(A) Each parent or guardian, and the children of the parent or guardian; or

(B) The former foster child who is 18 years or older and his or her child, if the former foster child is parenting a child.

(b) Conditions identified in the screening or intake referral information.

(c) Determination of service need.

(d) Service goals and activities.

(e) Services, related to a child in substitute care, which include:

(A) Placement information;

(B) Routine and specialized medical, dental, and mental health services;

(C) Education services, including the child's school and any special educational needs; and

(D) A plan for visitation and contact with the parents or guardians.

(f) Services the Department will provide, including:

(A) Case oversight and routine contact with the parent or guardian and the child or the former foster child.

(B) When the court has ordered the Department to provide services to a pre-adjudicated delinquent, routine contact with juvenile department staff, parents or guardians, and the child.

(C) When the child is in substitute care, arranging visitation for the parents or guardians and the child.

(D) Timely referral, access to, and use of culturally appropriate services and service providers to address the identified needs, to the extent that resources are available.

(E) Timely preparation of reports to the court or other service providers that may be required.

(g) A statement of the conditions for which the Department will close the family support services case.

(h) Review date. The family support services case plan is reviewed with the parent, guardian, or former foster child every 90 days; however, the caseworker and the parent, guardian, or former foster child may agree on a review date at any time within the 90-day period.

(2) The persons involved with the Department in the development of the family support services case plan must include the former foster child or the parent or guardian; and may include the child, other relatives, substitute caregiver, and other professionals, as appropriate.

(3) The family support services case plan must include the signature of the caseworker and each parent, guardian, or former foster child.

(4) Approval and distribution of the family support services case plan.

(a) The Child Welfare supervisor must approve and sign the family support services case plan.

(b) The caseworker must give a copy of the family support services case plan to the parents, guardians, or former foster child as soon as possible but no later than seven days after the family support services case plan is approved by the supervisor.

(5) Timeline for family support services case plan development.

(a) Except as provided in subsection (b) of this section, the caseworker must develop the family support services case plan within 30 days of the completion of the determination of service needs.

(b) The supervisor may authorize an extension of the time for developing the family support services case plan when information essential to the development of the family support services case plan is not yet available due to circumstances beyond the control of the Department.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0019

Developing Service Agreements

(1) The caseworker may develop a Service Agreement with a parent, guardian, or former foster child with a family support services case plan. The Service Agreement is a time-limited agreement that documents the services and action steps that will occur under the agreement.

(2) When used, the Service Agreement must include all of the following:

(a) One of the service goals in the family support services case plan.

(b) Specific activities or services that will occur to achieve the service goal.

(c) Participants and responsibilities.

(d) Anticipated start and completion dates.

(e) Treatment services for the child or former foster child (if applicable).

(f) Method of measuring progress.

(g) Timeline for review.

(3) The caseworker must give a copy of the Service Agreement to the parents, guardians, or former foster child no later than seven days after the agreement is signed.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0023

Contact and Monitoring Requirements for a Family Support Services Case Plan

(1) The caseworker must monitor the family support services case plan and terminate Department involvement in a timely manner.

(2) The caseworker is responsible for all of the following actions:

(a) Monthly face-to-face contact and communication with each parent, guardian, or former foster child about progress toward achieving service goals unless an exception to parent or guardian contact as described in OAR 413-080-0054(3)(b) is approved.

(b) Monthly face-to-face contact with the child required under OAR 413-080-0054.

(c) Regular contact with service providers a minimum of once every 90 days, including monitoring the services provided through the family support services case plan.

(d) Monitoring the visitation and contact plan when the child is in substitute care.

(e) Monitoring progress toward achieving service goals.

(f) Ensuring completion of the actions and activities that are the responsibility of the Department.

(g) Timely response to issues that may impact the safety of the child that become known to the caseworker.

(3) The caseworker must document in the Department's electronic information system:

(a) Observations made by the caseworker during each visit, and behaviors, conditions, or circumstances of the family or former foster child that support the continuation of the family support services case plan; and

(b) Reports from each service provider on progress of the family, child, or former foster child in meeting the service goals of the family support services case plan.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0026

Family Support Services Case Plan Review

(1) The family support services case plan must be reviewed a minimum of every 90 days. This review must take place in a face-to-face meeting with the parents, guardians, or former foster child. The meeting may include the child, service providers, attorneys, family members, and the substitute caregiver when the child is in substitute care.

(2) During the case plan review, the caseworker assesses and determines the progress that has been made in achieving the service goals of the case plan.

(3) If a parent, guardian, or former foster child is not available for the review, the reason must be documented in the Department's electronic information system.

(4) Within 30 calendar days of receiving an expert evaluation requested by the Department, the caseworker must consider revising the family support services case plan to include the recommendations of the expert evaluation. If the caseworker does not implement the recommendations of the expert evaluation, the caseworker must document the reasons for not implementing the recommendations.

(5) Subsequent to the face-to-face meeting, the caseworker documents all of the following in the Department's electronic information system:

(a) The services currently provided and the progress of the parents, guardians, or former foster child in achieving service goals.

(b) Observations of improved behaviors, conditions, or circumstances that have measurably changed.

(c) Written or verbal reports from the child, service providers, attorneys, family members, and the substitute caregiver when the child is in substitute care regarding services currently provided and the progress of the parent, guardian, or former foster child in achieving service goals.

(6) The Child Welfare supervisor approves and documents approval of the family support services case plan review.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0030

Closing a Family Support Services Case Plan

The caseworker closes a family support services case plan when:

(1) The parent, guardian, former foster child, or the Department indicates the service objectives have been achieved;

(2) The parent, guardian, or former foster child states that he or she is withdrawing the request for voluntary family support services;

(3) The caseworker has unsuccessfully attempted to contact the parent, guardian, or former foster child, after diligent efforts, as documented in the Department's electronic information system;

(4) The Department, the parent, guardian, or former foster child determines that the family support services case plan is no longer appropriate or effective;

(5) The child, who had been voluntarily placed in substitute care because a parent or guardian had requested voluntary placement of the child, has returned to the home;

(6) The court dismisses a pre-adjudicated delinquent child from Department custody; or

(7) Another community service resource accepts responsibility for providing services to the child, former foster child, or family.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13

Substitute Care Eligibility

413-030-0200

Purpose

(1) These rules, OAR 413-030-0200 through 0220, emphasize that the child's safety is the paramount concern in determining Substitute Care eligibility.

(2) The Department is responsible for determining if a child in the legal custody of the Department will be placed or continued in substitute care placement in accordance with statutes, administrative rules, agency procedures and placement practice guidelines. These rules, OAR 413-030-0200 through 0220, specify the minimum criteria for the substitute care classification and placement under any type of substitute care program licensed or certified by the Department. Additional criteria are outlined in rules for specific substitute care programs. See OAR 413-080-0000 through 0030 Shelter Care (CAF Policy I-E.4.1); OAR 413-080-0100 Family Foster Care (CAF Policy I-E.4.2); Foster Family Group Homes (CAF Policy I-E.4.2.1); OAR 413-080-0200 through 0270 Residential Services (CAF Policy I-E.4.3); and OAR 413-030-0400 through 0455 Independent Living Programs (CAF Policy I-B.2.3.5).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV-E, PL 95-608, ORS 418.015-ORS 418.315, 419B.331- 419B.349 & PL 105-89
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; CWP 4-2003, f. & cert. ef. 1-7-03

413-030-0205

Definitions

(1) "The Department" means the Department of Human Services (DHS).

(2) "CAF" means Children, Adults and Families (CAF).

(3) "SDA" means Service Delivery Area (SDA). A geographic region of one or more counties served by the Department and managed by an SDA Manager.

Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV-E, PL 95-608, ORS 418.015-ORS 418.315, 419B.331- 419B.349 & PL 105 89
Hist.: CWP 4-2003, f. & cert. ef. 1-7-03

413-030-0210

Eligibility Criteria for Substitute Care Placement

For a child to be eligible for initial and continuing substitute care placement(s), the Department shall meet the following criteria:

(1) Legal Basis. The Department must have a current legal basis for placement:

(a) Temporary custody under ORS 419.B.165; or

(b) Legal custody of the child through a juvenile court order; or

(c) A voluntary custody agreement in accordance with OAR 413-020-0100 through 0170 (CAF Policy I-B.1.4); or

(d) A voluntary child placement agreement in accordance with OAR 413-020-0000 through 0050 (CAF I-B.1.3); or

(e) Permanent custody based on a permanent commitment or release and surrender agreement of a parent; or

(f) Verification that the child is an unaccompanied refugee minor.

(2) The child must be under 18 years of age at the time the child is placed in the Department's legal custody and placement services are first initiated.

(3) Reasonable Efforts. Except in those cases with a Voluntary Custody Agreement or Child Placement Agreement, the Department will make reasonable efforts to prevent or eliminate the need for removal of the child and to alleviate the barriers that keep the child from returning home. This includes an assessment of appropriate treatment and supportive services and providing such services when available through the Department or by referral to other community resources. To aid the court or Citizen Review Board (CRB) in making the findings required by this section, the Department shall present documentation to the court or CRB showing its reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for removal of the child and services provided to safely return the child to the home. The department shall seek a reasonable efforts judicial determination within 60 days of a child's removal from the home, or a determination that due to aggravated circumstances reasonable efforts were not required to prevent the child's removal from their home. If the court does not make the reasonable efforts determination within 60 days, the child shall not be eligible for Title IV-E foster care maintenance payments program throughout the duration of that child's stay in substitute care. Refer to OAR 413-100-0240 Title IV-E-FC and General Assistance ( CAF Policy I-E.6.1).

(4) The child requires substitute care placement because there is no parent or guardian available and able to provide safe care for the child even with the assistance of available supportive resources, and no relative is willing and appropriate to assume full responsibility for the child.

(5) Placement is needed for one of the following reasons:

(a) The parent(s) or guardians are not available to care for the child due to death, abandonment, desertion, incarceration, institutionalization, or catastrophic illness; or

(b) The child is at significant risk of abuse or neglect; or

(c) The child is in the permanent custody of the Department for adoption planning; or

(d) The child has a severe disabling condition requiring skilled care that the family cannot provide even with the assistance of community resources but the Department can provide the care the child requires in an available substitute care resource; or

(e) The child's behavior is a serious danger to the child, the child's family or the community but the child can, without threat to self or others, be managed in an available and appropriate substitute care resource.

Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV-E, PL 95-608 & ORS 418.015 - ORS 418 315
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; SOSCF 17-2000, f. & cert. ef. 7-25-00; SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 4-2003, f. & cert. ef. 1-7-03

413-030-0220

Eligibility After Age 18

(1) Eligibility for substitute care services shall cease at age 18 unless the person continues to meet both the eligibility criteria outlined earlier in OAR 413-030-0210 and in this section of the rules. Under the following conditions the Department may continue to provide placement services up to the maximum age of 21 years if the person is:

(a) Actively striving to complete the requirements for high school graduation and achieving satisfactorily in a full-time program of high school attendance, GED classes or a combination of classes and employment; or

(b) Enrolled in a special education program as called for in an Individual Educational Plan (IEP); or

(c) An unaccompanied refugee minor; or

(d) The person's situation has been reviewed and approved in writing for an exception to these rules by the SDA Manager or designee.

(2) In no instance shall a person receive substitute care services from the Department after the youth's 21st birthday.

Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV-E, PL 95-608 & ORS 418.015 -.ORS 418.315 & ORS 419B.331 - ORS 419B.349
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; SOSCF 17-2000, f. & cert. ef. 7-25-00; SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 4-2003, f. & cert. ef. 1-7-03

Adoption Program Eligibility

413-030-0300

Purpose

These rules describe the eligibility criteria for the program classification of adoption. The adoption program classification is used to describe the services provided to a child placed in an approved adoptive home for the purpose of adoption. This includes agency adoptive placements and courtesy placement supervision of a child placed in Oregon by an out-of-state adoption agency.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305-310 & ORS 418.270 – ORS 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01

413-030-0310

Eligibility for Adoption Program

To be eligible for the program classification of adoption, a child must be in a living situation that is officially considered an adoptive placement. The following are considered eligible for the program classification:

(1) Children fully free for adoption and placed in an approved adoptive home shall be classified as adoption from the time the placement is approved until the adoption is completed or disrupted. (See SOSCF policy I-G.1 and I-G.4.)

(2) Children receiving courtesy supervision for an adoptive placement initiated in another state through the Interstate Compact.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305-310 & ORS 418.270 – ORS 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01

413-030-0320

Eligibility for the Adoption Program Classification Ends

Eligibility for the adoption program classification ends when:

(1) SOSCF gives consent for adoption of a child in SOSCF's permanent custody, and the adoption is legalized;

(2) The child is removed from an approved adoptive placement;

(3) The adoptive applicants or SOSCF decides an adoption will not be legalized even though the child is not removed from the home; and

(4) When supervision of an adoptive placement provided as a courtesy service for an adoption agency in another state is no longer needed.

Stat Auth: ORS 418.005
Stats. Implemented: ORS 109.305-310 & 418.270 - 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01

Youth Transitions

413-030-0400

Purpose

The purpose of these rules, OAR 413-030-0400 to 413-030-0460, is to describe the responsibilities of the Department for comprehensive transition planning with and providing services to a child or young adult to:

(1) Obtain personal and emotional support and promote healthy relationships that can be maintained into adulthood;

(2) Develop the personal life management skills necessary to function independently;

(3) Receive education, training, and services necessary to lead to employment;

(4) Attain academic or vocational education and prepare for post-secondary education or training;

(5) Gain experience in taking responsibility and exercising decision-making control; and

(6) Transition to living independently.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.475, 419B.343, 419B.476(3)
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 16-2009, f. & cert. ef. 11-3-09

413-030-0405

Definitions

The following definitions apply to these rules (OAR 413-030-0400 to 413-030-0460):

(1) "APPLA" means Another Planned Permanent Living Arrangement, a permanency plan for a stable secure living arrangement for a child 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 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) "Case plan" means a written, goal oriented, time limited individualized plan for the child and the child's family, developed by the Department and the parents or guardians, to achieve the child's safety, permanency, and well being.

(3) "Chafee housing" means a payment to assist in covering the costs of room and board made to an eligible individual between 18 and 20 years of age who was discharged from the care and custody of the Department or one of the federally recognized tribes on or after reaching 18 years of age.

(4) "Child" means a person under 18 years of age.

(5) "Department" means the Department of Human Services, Child Welfare.

(6) "Former foster child" means a person under 21 years of age who was in substitute care at or after 16 years of age, including substitute care provided by federally recognized tribes, and had been in substitute care for at least 180 cumulative days after 14 years of age.

(7) "GED" means a General Educational Development certificate issued pursuant to ORS 326.550.

(8) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(9) "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 at least 16 years of age and is in the care and custody of the Department and living independently.

(10) "Legal custody" means a legal relationship between a person, agency, or institution and a child that imposes on the person, agency, or institution the duties and authority of the child's legal custodian.

(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 plan" means a written course of action for achieving safe and lasting family resources for the child through the parents, relatives, or others who may assume legal responsibility for the child during the child's remaining years of dependency and be accessible and supportive to the child when the child is 18 years of age or older.

(13) "Registered domestic partner" means an individual joined in a civil contract entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.

(14) "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 child's legal or biological parent.

(15) "Substitute care" means the out-of-home placement of 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.

Stat Auth: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0410

Eligibility for Youth Transition Services

A child or young adult must meet the following eligibility criteria for youth transition services, however a child or young adult enrolled in an Oregon youth transition service prior to September 1, 2009 is eligible to continue to receive that service until the child or young adult has achieved independence, reaches 21 years of age, or otherwise is no longer eligible for the specific service.

(1) Life skills training.

(a) A child 14 years of age or older who is in substitute care through the Department or one of the nine federally recognized Oregon tribes; or

(b) A former foster child.

(2) Independent living housing subsidy.

(a) The child or young adult must:

(A) Be 16 years of age or older;

(B) Be in the care and custody of the Department;

(C) Be engaged in 40 hours of productive time per week, including a combined total of 25 hours or more of work and education activities;

(D) Have had at least one prior substitute care placement; and

(E) Have the approval of the court to participate in the independent living housing subsidy service.

(b) If a high school diploma has not been achieved, the child or young adult must be working actively to achieve a high school diploma or GED.

(c) The child or young adult must be enrolled concurrently in skill building services.

(d) The child or young adult may not live with any of his or her parents.

(3) Chafee housing.

(a) To be eligible for Chafee housing an individual must meet all of the following requirements:

(A) Be 18 years of age or older but not yet 21 years of age;

(B) Have been discharged from the care and custody of the Department or one of the federally recognized tribes on or after reaching 18 years of age;

(C) Be engaged in 40 hours of productive time per week, including a combined total of 25 hours or more of work and education activities; and

(D) Have at least four hours of paid employment per week.

(b) If a high school diploma has not been achieved, the individual must be working actively to achieve a high school diploma or GED.

(c) The individual must be enrolled in skill building services.

(d) The individual may not live with any of his or her parents.

(e) The individual may not be eligible for Chafee housing when receiving an education and training grant.

(4) Education and training grant.

(a) To be eligible for an education and training grant the child or young adult must:

(A) Be 14 years of age or older and currently in substitute care through the Department or one of the federally recognized tribes; or

(B) Have been dismissed from substitute care after reaching 16 years of age and had 180 or more cumulative days of substitute care.

(b) The child or young adult initially must receive the grant prior to reaching 21 years of age.

(c) If the child or young adult is receiving the grant upon reaching 21 years of age, he or she may continue to receive the grant until he or she reaches 23 years of age.

(d) The child or young adult may not be eligible for an education and training grant when receiving Chafee housing.

(5) Youth Transition Discretionary Funds. A child or young adult must be eligible for and receiving skill building services as a prerequisite to eligibility for discretionary fund resources.

(6) Services that may be utilized in the transition to independent living, as appropriate and available, when the child or young adult meets all other eligibility requirements, include but are not limited to:

(a) Flex funds as described in Child Welfare Policy I-E.5.4, "Flex Fund";

(b) Payments made for special or extraordinary needs as described in Child Welfare Policy I-E.5.4, "Payments for Special and/or Extraordinary Needs" OAR 413-090-0300 to 413-090-0380;

(c) Housekeeping services as described in Child Welfare Policy I-C.1, "Housekeeping Services" OAR 413-050-0000 to 413-050-0050;

(d) Supportive or remedial day care as described in Child Welfare Policy I-C.3.1, "Supportive and Remedial Day Care" OAR 413-050-0200 to 413-050-0280;

(e) Other resources provided through the Department of Human Services such as Supplemental Nutrition Assistance Program and Temporary Assistance for Needy Families program benefits, vocational rehabilitation, teen pregnancy prevention, Seniors and People with Disabilities Division Developmental Disability services; and

(f) Other state or community health care programs.

(7) The ILP Coordinator may approve an exception to the eligibility requirements of sections (2), (3), or (4) of this rule when there is a time-limited plan for meeting requirements for eligibility and written documentation why the exception is necessary for the child or young adult to achieve his or her comprehensive transition plan.

[ED. NOTE: Matrix referenced is not included in rule text. Click here for PDF of Matrix.]

Stat Auth: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0430

Youth Transition Services Array

The range of services available through the Department to an eligible child or young adult transitioning to independent living includes:

(1) Skill building services, which may include the following:

(a) Instruction in basic living skills such as money management, home management, consumer skills, legal issues, parenting, health care, access to community resources, employment readiness, transportation, educational assistance, and housing options;

(b) Educational and vocational training support such as high school diploma or GED preparation, post-secondary education and academic support, job readiness, and job search assistance and placement programs;

(c) Training, workshops and conferences, individual and group skills building for improved self-esteem and self-confidence, and interpersonal and social skills training and development; and

(d) Development of community networks and supports to transition successfully to adulthood.

(2) The independent living housing subsidy.

(3) Chafee housing.

(4) Education and training grants to provide assistance with the costs of a post-secondary education or training program.

(5) Youth Transition discretionary funds to provide limited financial assistance in meeting the transition to adulthood.

Stat Auth: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 16-2009, f. & cert. ef. 11-3-09

413-030-0445

Development of the Comprehensive Transition Plan

(1) Development of the comprehensive transition plan. The Department must initiate the development of the comprehensive transition plan for a:

(a) Child 16 years of age or older and in substitute care or a young adult;

(b) Child 14 years of age or older with an APPLA; or

(c) Former foster child who requests services as described in Child Welfare Policy, I-B.2.3.1, "Family Support Services" OAR 413-030-0000 to 413-030-0030 and would benefit from a comprehensive transition plan.

(2) The Department must ensure the comprehensive transition plan includes:

(a) The completion of a life skills assessment, which includes:

(A) Assessment of the skills and readiness of the child or young adult through interviews with substitute caregiver, parent or guardian, and any other significant adult; and

(B) Completion of a written independent living assessment in the format required by the Department.

(b) The written life skills assessment must include a description of:

(A) The strengths of the child or young adult; and

(B) His or her need for ongoing skill development in the following ability areas:

(i) Interaction with and connection to adults who can assist in the transition to independent living;

(ii) Transition successfully to independent living;

(iii) Engagement in educational and vocational interests;

(iv) Management of his or her physical and mental health; and

(v) Achievement of residential stability.

(3) After completing the activities in section (2) of this rule, the Department must convene a planning meeting to develop the comprehensive transition plan. The Department must:

(a) Ensure the child or young adult plays a central role in planning for and participating in the meeting, when developmentally appropriate; and

(b) Involve the child or young adult in determining who may participate in the planning meeting which may include a parent or guardian, substitute caregiver, other adult important to the child or young adult, service providers, a court appointed special advocate, representative of a tribe, or the attorney for the child or young adult.

(4) The comprehensive transition plan must identify goals and services in each of the following domains:

(a) Education;

(b) Employment;

(c) Health;

(d) Housing;

(e) Life skills;

(f) Supportive relationships and community connections; and

(g) Transportation.

(5) The child age 14 or older, young adult, or former foster child must agree to the comprehensive transition plan and the plan is signed by each person who participated in the planning meeting.

(6) A Department supervisor must review and acknowledge the completion of the comprehensive transition plan in the Department's information system.

(7) When a child is placed in another state through the Interstate Compact on the Placement of Children (ICPC), and the Department is unable to complete the comprehensive transition planning process as described in this rule, the Department remains responsible for working with the receiving state and with the child in developing a comprehensive transition plan.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.343, 419B.476
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; SOSCF 8-2002, f. & cert. ef. 5-6-02; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0449

Review of the Comprehensive Transition Plan

(1) The caseworker must monitor the implementation of the comprehensive transition plan and make reasonable efforts to ensure timely and appropriate services identified in the comprehensive transition plan are made available.

(2) The caseworker is responsible for regular review of the goals and services of the comprehensive transition plan during the following contacts:

(a) Monthly face-to-face contacts as required under OAR 413-080-0054; and

(b) The 90 day case plan review required under Child Welfare Policy I-B.3.1, "Developing and Managing the Case Plan" OAR 413-040-0016.

(3) Subsequent to the review of the comprehensive transition plan under subsection (2)(b) of this rule, the caseworker must document in the Department's information system:

(a) The progress in achieving the comprehensive transition plan goals;

(b) Any barriers and plans to address the barriers;

(c) Any changes in the comprehensive transition plan; and

(d) Notification to service providers of changes to the comprehensive transition plan.

(4) The supervisor must review and approve the documentation of the comprehensive transition plan review as a part of the required case plan review.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.343, 419B.476
Hist.: CWP 16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0454

Benchmark Review of the Comprehensive Transition Plan

(1) For a child with a comprehensive transition plan the caseworker must convene a meeting for the purpose of a benchmark review of the comprehensive transition plan six months prior to the child reaching 18 years of age.

(a) The meeting must include the child, unless the child developmentally is unable to participate, and may include a parent or guardian of the child, substitute caregiver, court appointed special advocate, the attorney for the child, service providers, and others the child determines are important to the meeting.

(b) The child plays a central role in the meeting appropriate with his or her developmental ability.

(c) At the meeting, the following are determined:

(A) Agreement on the person with decision-making authority for education services for the child after the child reaches 18 years of age;

(B) Arrangement of sustainable housing, including periods of time the child or young adult may be on break from college or other residential academic or vocational program after the child reaches 18 years of age;

(C) Identification of persons who may provide supportive relationships to the child after the child reaches 18 years of age;

(D) Identification of community resources available for the special or unique needs of the child after the child reaches 18 years of age;

(E) A plan for the employment, continued academic or vocational education, or specialized training of the child after the child reaches 18 years of age;

(F) Agreement on the person with decision-making authority for health and mental health services for the child and identification of health, mental health, and dental providers for the child after the child reaches 18 years of age; and

(G) The plan to meet life skill development needs of the child by the time the child reaches 18 years of age.

(d) The caseworker must document the determinations made under subsection (1)(c) of this rule and the documentation must be signed by the child, when developmentally able to do so, and the caseworker, and may be signed by other persons attending the meeting.

(2) The caseworker's supervisor must review and acknowledge the completion of the benchmark review of the comprehensive transition plan in the Department's information system.

(3) The caseworker must provide a copy of the comprehensive transition plan, including the documentation of the determinations made during the benchmark review of the comprehensive transition plan, to the court at the next scheduled permanency hearing.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.343 & 419B.476
Hist.: CWP 16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0456

Health Care Notifications, Credit Reports, and Data Tracking

(1) The Department must notify any young adult over 17 years, six months of age in the care or custody of the Department of the following information regarding health care treatment:

(a) The importance of designating another individual to make health care treatment decisions on his or her behalf if he or she becomes unable to participate in such decisions and does not have or does not want a relative who is otherwise authorized under state law to make such decision; and

(b) The option to execute a health care power of attorney, health care proxy, or other similar document recognized under state law.

(2) The Department must ensure any child 16 years of age or older and in the care or custody of the Department:

(a) Annually receives a copy of a consumer credit report when one exists; and

(b) Receives some assistance in interpreting the credit report and resolving any inaccuracies in that report.

(3) National Youth in Transition Database (NYTD) Requirements. Beginning October 2010, the Department must collect and track independent living type services and outcome data as follows:

(a) Served population: The Department will report all independent living type services paid for or provided by the Department during the six month reporting periods under the NYTD timelines.

(b) Baseline population: The Department will report outcome data by conducting a survey with every child 17 years of age in the care or custody of the Department; and

(c) Follow up populations: The Department will report outcome data by conducting follow up surveys of the young adults surveyed under subsection (b) of this section at ages 19 and 21.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010, 418.005, 418.475, 419B.343, 419B.476
Hist.: CWP 1-2013, f. & cert. ef. 1-15-13

413-030-0460

Requirements at Independence

(1) At least 60 days prior to the date on which the Department is requesting relief of legal custody of a child or young adult reaching independence, the Department must inform the child or young adult of:

(a) The date, time, and location of the hearing;

(b) The right to attend the hearing, and the importance of attending; and

(c) The right to request assistance with transportation to and from the hearing.

(2) When the court relieves the Department of the custody of the child or young adult reaching independence, the Department must provide the child or young adult with the following written records:

(a) Unless the release is prohibited by law or the law requires the child or young adult to make a specific request for the records under ORS 432.420, and 109.425 to 109.507, information concerning the case of the child or young adult, including family and placement history, location and status of each sibling, and contact information the child or young adult may use to seek additional information about his or her case or family history.

(b) Health and education records, including:

(A) Health and immunization records; and

(B) Educational summary and records.

(c) A copy of each of the following, and documentation that each has been provided to the child or young adult in official form:

(A) The birth certificate of the child or young adult;

(B) Official proof of the citizenship or residence status of the child or young adult in a form acceptable to an employer required to verify immigration status;

(C) The social security card, or a copy of the original, of the child or young adult;

(D) A driver's license or another form of state identification, or a copy of the original, of the child or young adult;

(E) Where applicable, a death certificate of a parent of the child or young adult; and

(F) Written verification of placement in substitute care through the Department or one of the federally recognized tribes of the child or young adult when 14 years of age or older and 18 years of age and younger.

(3) When the Department is unable to provide the documentation and information described in section (2) of this rule prior to the court order by which the Department is relieved of legal custody of the child or young adult, the Department must prepare the written records and either deliver them to the child or young adult or, when the whereabouts of the child or young adult are unknown, retain the records in the case file of the child or young adult until requested by the child or young adult.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 16-2009, f. & cert. ef. 11-3-09

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