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

 

DIVISION 90

SUBSTITUTE CARE — PAYMENTS

Foster Care Payments for a Child or Young Adult Living With a Certified Family or Living Independently

413-090-0000

Purpose

These rules, OAR 413-090-0000 to 413-090-0050, describe the responsibilities of the Department for payment of the following costs on behalf of a child or young adult.

(1) Foster care maintenance payments to a certified family;

(2) An independent living housing subsidy to an eligible child or young adult who is in the legal custody of the Department, living independently; and

(3) Payment to an individual eligible for a Chafee housing payment.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 9-2003, f. & cert. er. 1-7-03; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0005

Definitions

The following definitions apply to OAR 413-090-0000 to 413-090-0050:

(1) "Adoption assistance payment" means a monthly payment made by the Department to the pre-adoptive family or adoptive family on behalf of an eligible child or young adult.

(2) "Base rate payment" means a payment to the foster parent or relative caregiver for the costs of providing the child or young adult with the following:

(a) Food — including the cost to cover a child or young adult's special or unique nutritional needs;

(b) Clothing — including purchase and replacement;

(c) Housing — including maintenance of household utilities, furnishings, and equipment;

(d) Daily supervision — including teaching and directing to ensure safety and well-being at a level which is appropriate based on the chronological age of the child or young adult;

(e) Personal incidentals — including personal care items, entertainment, reading materials, and miscellaneous items; and

(f) The cost of providing transportation — including local travel associated with expenditure for gas and oil, and vehicle maintenance and repair associated with transportation to and from extracurricular, child care, recreational, and cultural activities.

(3) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on a child or young adult's needs and strengths used for one or more of the following purposes:

(a) Identifying case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family; and

(b) Determining the level of care payment while in substitute care with a certified family; and

(c) Determining the level of care payment included in an adoption assistance agreement or guardianship assistance agreement.

(4) "Certified family" means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(5) "Chafee housing payment" 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.

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

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

(8) "Dependent parent" means a child or young adult in the legal custody of the Department who is the parent of a child.

(9) "Enhanced shelter care payment" means a limited term payment provided to a certified family when a child or young adult in the care or custody of the Department moves to a certified family's home from a placement with a Behavior Rehabilitation Service provider and there is no current level of care determination applicable to the child or young adult.

(10) "Enhanced supervision" means the additional support, direction, observation, and guidance necessary to promote and ensure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment.

(11) "Foster care payments" means one or more of the following payments to a certified family, authorized at rates established by the Department, for the board and care of a child or young adult for whom the Department has placement and care responsibility:

(a) The base rate payment;

(b) The level of care payment, if any;

(c) Shelter care payment or enhanced shelter care payment;

(d) Mileage reimbursement, paid at the current Department mileage reimbursement rate paid to child welfare staff, for transportation of a child or young adult remaining in the same school he or she was attending prior to placement in substitute care; and

(e) The board and care of the child of a dependent parent, unless the dependent parent receives cash benefits under a program administered by the Department of Human Services under chapter 461 of the Oregon Administrative Rules.

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

(13) "Guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian or guardian setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the guardian and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(14) "Independent living housing subsidy" means a payment to assist in covering the costs of room, board, or other monthly expenses made to an eligible individual who is in the care and custody of the Department and living independently.

(15) "Level of care payment" means the payment provided to an approved or certified family, a guardian, a pre-adoptive family or an adoptive family based on the need for enhanced supervision of the child or young adult as determined by applying the CANS algorithm to the results of the CANS screening.

(16) "Potential guardian" means an individual who:

(a) Has been approved by the Department or participating tribe to be a child's guardian; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(17) "Pre-adoptive family" means an individual or individuals who:

(a) Has been selected to be a child's adoptive family; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(18) "Shelter care payment " means a payment provided to a certified family during the first 20 days of substitute care for a child or young adult in the care or custody of the Department.

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

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. er. 1-7-03; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; 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 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0010

Authorized Payments

(1) Family Foster Care.

(a) Shelter care payment. The Department reimburses a certified family a shelter care payment on behalf of a child or young adult during the first twenty days of substitute care in a certified family home after the Department has obtained physical or legal custody of the child or young adult. The daily shelter care payment is:

(A) $24.60 for a child five years or younger;

(B) $28.00 for a child 6 through 12 years of age; and

(C) $31.60 for a child or young adult 13 through 20 years of age.

(b) Base rate payment. The Department reimburses a certified family a base rate payment on behalf of a child or young adult in the Department's physical or legal custody when a child or young adult is placed in the certified family's home.

(A) Payment is made on a monthly basis, or prorated for a portion of a month, when the base rate payment is for less than all days in the month, and made after the month in which the care has been provided.

(B) The base rate payment starts the twenty-first day of a child's placement in substitute care and includes the day the child or young adult enters the home, but excludes the day the child or young adult leaves the home.

(C) The base rate payment amount.

(i) Prior to January 1, 2012, the base rate payment is $639 per month for a child five years or younger. Starting January 1, 2012, the base rate payment is $575 per month for a child five years or younger.

(ii) Prior to January 1, 2012, the base rate payment is $728 per month for a child 6 through 12 years of age. Starting January 1, 2012, the base rate payment is $655 per month for a child 6 through 12 years of age.

(iii) Prior to January 1, 2012, the base rate payment is $823 per month for a child or young adult 13 through 20 years of age. Starting January 1, 2012, the base rate payment is $741 for a child or young adult 13 through 20 years of age.

(D) The Department does not reimburse the base rate payment to a certified family when reimbursement for shelter care payment or enhanced shelter care payment applies.

(c) Enhanced shelter care payment. The Department reimburses a certified family an enhanced shelter care payment rate on behalf of a child or young adult during the first 20 days of substitute care with a certified family after a child or young adult has been in placement with a Behavior Rehabilitation Service provider and there is no current level of care payment determination applicable to the child or young adult. The daily enhanced shelter care payment is:

(A) $29.40 for a child five years or younger;

(B) $33.50 for a child 6 through 12 years of age; and

(C) $37.90 for a child or young adult 13 through 20 years of age.

(d) Mileage reimbursement. The Department reimburses a certified family for mileage, paid at the current Department mileage reimbursement rate paid to child welfare staff, when the certified family must provide transportation for a child or young adult in order to remain in the same school he or she was attending prior to placement in substitute care.

(2) Level of care payment.

(a) The Department reimburses a level of care payment to a certified family on behalf of a child or young adult when the CANS screening results indicate the child or young adult has enhanced supervision needs.

(b) The initial level of care payment to a certified family begins:

(A) No earlier than the twenty first day of substitute care; or

(B) Ninety days prior to the date an initial CANS screening was approved for a child or young adult in substitute care over 111 days.

(c) A level of care payment to a certified family may commence the first day following the end of enhanced shelter care payment.

(d) The Foster Care Program Manager may approve commencing the level of care payment beyond the timeframes in subsections (b) and (c) of this section when a delay in scheduling, completing, scoring or approving the CANS screening results in a potential loss or interruption of a level of care payment.

(e) When the CANS screening results indicate the child or the young adult eligible for adoption assistance or guardianship assistance needs enhanced supervision, the Department includes the level of care payment in:

(A) An adoption assistance agreement with a pre-adoptive family or an adoptive family pursuant to Child Welfare Policy I-G.3.1, "Adoption Assistance" OAR 413-130-0000 to 413-130-0130; or

(B) A guardianship assistance agreement with a potential guardian or a guardian pursuant to Child Welfare Policy I-E.3.6.2, "Guardianship Assistance", OAR 413-070-0900 to 413-070-0979.

(f) A CANS screener rates each element of a child or young adult's behavior and functioning through the CANS screening on a scale of zero to three and the ratings determine whether a child or young adult meets the criteria for one of three levels of care. These ratings are determined using the following exhibits, which by this reference are incorporated into this rule:

(A) DHS 9601 — Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages Birth through Five, adopted January 5, 2009 and revised in June, 2011.

(B) DHS 9602 — Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages Six through Twenty, adopted January 5, 2009 and revised in June 2011.

(C) Child and Adolescent Needs and Strengths Algorithm, adopted February 9, 2009.

(D) The Department maintains these documents on the Department's website. Printed copies of all three exhibits may be obtained by contacting the Department of Human Services, Children, Adults and Families, ATTN: Level of Care Manager, 500 Summer Street NE, E93, Salem, OR 97301.

(g) The level of care payment is:

(A) $212 per month for Level 1 (moderate needs).

(B) $414 per month for Level 2 (intermediate needs).

(C) $850 per month for Level 3 (advanced needs).

(3) The Department reimburses a certified family an applicable base rate payment for a child of a dependent parent when both are living with the certified family unless the dependent parent receives a TANF grant under programs administered by the Department of Human Services under chapter 461 of the Oregon Administrative Rules or has other means of financial support.

(4) The Department reimburses a Chafee housing payment or an independent living housing subsidy to an eligible individual up to a maximum of $600 per month of eligibility pursuant to Child Welfare Policy I-B.2.3.5, "Youth Transitions", OAR 413-030-0400 to 413-030-0460.

(5) Payments prohibited. The Department may not authorize payment for the care of a child or young adult to more than one certified family per day.

(6) A payment by the Department under this rule is inalienable by any assignment or transfer and exempt from execution, levy, attachment, and garnishment under the laws of the state of Oregon.

[Publications: Publications referenced are available from the agency.]
[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335, 418.340, 418.470 & 418.625
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-1999, f. & cert. ef. 3-5-99; SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. er. 1-7-03; CWP 20-2003(Temp), f. 1-31-03 thru 7-30-03; CWP 27-2003, f. & cert. ef. 7-31-03; CWP 34-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04; CWP 7-2004, f. & cert. ef. 4-1-04; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 28-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 10-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0021

Periodic Review of Eligibility for Level of Care Payments

(1) When the Department conducts a CANS screening for a child or young adult in substitute care under subsection (1)(b) of OAR 413-020-0230 and the results indicate the child or young adult's level of care has changed, the Department adjusts the child or young adult's level of care payment as follows:

(a) When a level of care payment increases, change in payment begins the first day of the month in which the increased level of care payment was approved.

(b) When a level of care payment decreases, change in payment begins the first day of the month following the month in which the decreased level of care payment was approved unless continuing benefits have been requested through a request for a contested case hearing.

(2) When the Department determines, denies, adjusts or terminates a level of care payment to a child or young adult living with a certified family, the Department follows Child Welfare Policy I-A.5.2, "Contested Case Hearings" OAR 413-010-0500 to 413-010-0535.

(3) A CANS screening may be conducted for a child or young adult living with a potential guardian, a guardian, a pre-adoptive family, or an adoptive family when a referral is received pursuant to OAR 413-020-0230(3).

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Hist.: CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0030

Payment for Temporary Absences from Family Foster Care

(1) The Department may continue the base rate payment and any level of care payment to the certified family during a child or young adult's temporary absence from the home for 14 days or less, when:

(a) The plan is for the child or young adult to return to the care of the same certified family; and

(b) No other certified family is receiving a base rate payment or level of care payment for the child or young adult during the period of the absence.

(2) Hospitalization. The Department may continue the base rate payment and level of care payment to the certified family when the child or young adult requires hospitalization for medical treatment and the certified family continues to exercise caregiving responsibilities in anticipation of the return of the child or young adult. Hospitalization for medical treatment is not considered a substitute care placement with a duplicate payment.

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. er. 1-7-03; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0040

Payments During Adoptive Supervision

When a child is free for adoption and placed in an approved or certified family's home designated by the Department's Adoption Program Manager as the child's pre-adoptive family, the Department pays base rate payment and any level of care payment to the pre-adoptive family until the adoption assistance payment commences. See Child Welfare Policy I-G.3.1, "Adoption Assistance", OAR 413-130-0000 to 413-130-0130 for the adoption assistance eligibility requirements of the Adoption Assistance Program.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. er. 1-7-03; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

413-090-0050

Out-of-State Payment to a Certified Family Moving to Another State

(1) A certified family who receives Department approval to move out-of-state with a child or young adult who the Department has placed in the home may continue to receive base rate and level of care for that child or young adult for up to 180 days or until licensed or certified in the receiving state, whichever is earlier.

(2) The Foster Care Program Manager or Foster Care Program Assistant Manager may extend the 180 day limit for continuing to receive current base rate payment and level of care payment when the licensure or certification process in the receiving state has not been completed due to circumstances beyond the control of the Department.

(3) Once the home is licensed or certified in the receiving state, the Department authorizes payment at Oregon's established base rate payment and level of care payment rates.

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. er. 1-7-03; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11

Behavior Rehabilitation Services Program

413-090-0055

Effective Date and Administration of the BRS Program

(1) OAR 413-090-0055 through 413-090-0090 are effective on January 1, 2014.

(2) BRS contractors (see OAR 410-170-0020) and BRS providers (see OAR 410-170-0020) that provide services (see 410-170-0020) to a child (see 410-170-0020) or young adult (see 410-170-0020) in the care or custody of the Department of Human Services or one of the federally recognized tribes in Oregon must comply with the requirements in the BRS program general rules (410-170-0000 through 410-170-0120) and these rules (413-090-0055 through 413-090-0090).

(3) All references to federal and state laws and regulations referenced in these rules are those in place on November 13, 2013, and the Agency-specific BRS program rules that are effective on January 1, 2014.

Stat. Auth.: ORS 183.355, 409.050, 418.005, 411.060, 411.070 & 411.116
Stats. Implemented: ORS 418.005, 418.015, 418.027, 411.070, 411.116, 411.141, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0060

Purpose

The purpose of the Behavior Rehabilitation Services (BRS) Program (see OAR 410-170-0020) is to remediate the BRS client's debilitating psychosocial, emotional, and behavioral disorders by providing such services (see 410-170-0020) as behavioral intervention, counseling, and skills-training. These rules supplement the BRS program general rules with additional requirements for BRS programs provided through contract with the Department (see 410-170-0020).

Stat. Auth.: ORS 409.050, 418.005, 411.060, 411.170 & 411.116
Stats. Implemented: ORS 418.005, 418.015, 418.027, 411.070, 411.116, 411.141, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0065

Definitions

In addition to the definitions in OAR 410-170-0020, the following definitions apply to these rules (413-090-0055 to 431-090-0090).

(1) "Absent day" means a calendar day that:

(a) The BRS client (see OAR 410-170-0020) is enrolled in but not physically present in the BRS provider's (see OAR 410-170-0020) program;

(b) Does not meet the definition of a billable care day (see OAR 410-170-0020);

(c) The Department's placement plan is to return the BRS client to the BRS provider (see OAR 410-170-0020); and

(d) The BRS contractor (see OAR 410-170-0020) or BRS provider obtains authorization from the BRS client's caseworker (see OAR 410-170-0020) and the contract administrator (see section (5) of this rule) to bill the calendar day as an absent day.

(2) "Abuse check" means obtaining and reviewing abuse allegations, abuse investigation reports and associated exhibits and documents for the purpose of determining whether a subject individual has a history as a perpetrator of potentially disqualifying abuse (a potentially disqualifying condition) as described in OAR 407-007-0290(11).

(3) "Babysitting" means the provision of temporary, occasional care for a child (see OAR 410-170-0020) or young adult (see OAR 410-170-0020) that is:

(a) Ten consecutive hours or less; and

(b) Not overnight care.

(4) "Background Check Unit (BCU)" means the Department of Human Services' Background Check Unit.

(5) "Contract administrator" means the employee or other individual designated in writing by the Department, by name or position description, to conduct the contract administration of a contract or class of contracts.

(6) "Criminal records check" means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:

(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information (see section (7) of this rule) obtained from other sources.

(b) A national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI) through the use of fingerprint cards sent to OSP and other identifying information. The national criminal records check may also include a review of other criminal records information.

(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information resources located in, or regarding, a state or jurisdiction outside Oregon.

(7) "Other criminal records information" means information obtained and used in the criminal records check process that is not criminal offender information from OSP. "Other criminal records information" includes but is not limited to police investigations and records, information from local or regional criminal records information systems, justice records, court records, information from the Oregon Judicial Information Network, sexual offender registration records, warrants, Oregon Department of Corrections records, Oregon Department of Transportation's Driver and Motor Vehicle Services Division information, information provided on the background check requests, disclosures by a subject individual, and any other information from any jurisdiction obtained by or provided to the Department for the purpose of conducting a fitness determination.

(8) "Subject individual" means an individual described in OAR 407-007-0030(30)(a).

(a) For the purposes of this rule, a subject individual also includes:

(A) An individual who provides respite care (see OAR 410-170-0020) for an approved provider parent (see OAR 410-170-0020);

(B) An individual who volunteers with or is employed by an approved provider parent to assist with the care of a BRS client, other than an individual who provides babysitting (see section (3) of this rule) unless paragraph (D) of this subsection applies;

(C) An individual 18 years of age or older who is living in the home of an approved provider parent;

(D) An individual under 18 years of age who is living in the home of an approved provider parent if there is reason to believe the individual may pose a risk to a BRS client;

(E) An individual who provides babysitting or an individual who frequents the home of an approved provider parent if there is reason to believe the individual may pose a risk to a BRS client; and

(F) An individual who has access to a BRS client in the home of an approved provider parent if the contract administrator has requested a criminal records check on the individual.

(b) The following individuals are not subject individuals:

(A) A child or young adult in the care or custody of the Department who lives in the home of the approved provider parent, and

(B) A BRS client.

(9) "Transitional visit" means an overnight visit by the BRS client to another placement for the purpose of facilitating the BRS client's transition.

Stat. Auth.: ORS 181.534, 181.537, 409.050, 411.060, 411.070, 411.116 & 418.005
Stats. Implemented: ORS 181.534, 181.537, 409.010, 409.025, 409.027, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.016, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0070

BRS Provider Requirements

In addition to the requirements in OAR 410-170-0030, the BRS contractor (see 410-170-0020) and the BRS provider (see 410-170-0020) providing services (see 410-170-0020) and placement-related activities (see 410-170-0020) to a BRS client (see 410-170-0020) in the care or custody of the Department (see 410-170-0020) or one of the federally-recognized Tribes in Oregon must comply with all of the following requirements:

(1) Ensure completion of a background check, including a criminal records check (see OAR 413-090-0065) and an abuse check (see 413-090-0065), on each subject individual (see 413-090-0065) in compliance with the Department's Criminal Records and Abuse Check Rules in 407-007-0210 to 407-007-0380, any applicable background check requirements that apply to Public Child-Caring Agencies (see 410-170-0020) or Private Child-Caring Agencies (see 410-170-0020), and this section.

(a) Each time a criminal records check is required by OAR 407-007-0220, 413-215-0321(3)(c)–(d), 413-215-0331(2)(b)–(d), or 413-215-0061(1) for personnel of public child-caring agencies or private child-caring agencies, a national criminal records check, described in 407-007-0210(13)(b), must be completed, unless one of the following exceptions applies:

(A) The subject individual has previously had a national criminal records check, has not lived outside the state of Oregon for more than 60 consecutive days after the subject individual's most recent criminal records check, and has not been arrested since the subject individual's most recent criminal records check;

(B) The subject individual is a respite care (see OAR 413-090-0065) provider and has not lived outside the state of Oregon for more than 60 consecutive days in the last five years, does not disclose any history of arrests or convictions, and does not have a history of arrests or convictions, based on an Oregon criminal records check under OAR 407-007-0220(1) or information received from any other source;

(C) The subject individual is living in the home of an approved provider parent (see OAR 410-170-0020) and is under the age of 18, a babysitter (see 413-090-0065), or an individual who frequents the home of an approved provider parent but is not an employee or volunteer who assists with the care of a BRS client (see 410-170-0020); or

(D) The subject individual is unable to submit fingerprints due to a physical or mental condition that makes compliance impossible or presents an undue safety risk to the subject individual or Department staff and the contract administrator (see OAR 413-090-0065) provides written approval to forego a fingerprint-based check.

(b) Even if one of the circumstances in paragraphs (1)(a)(A) to (1)(a)(D) applies, the contract administrator may require a national criminal records check on a subject individual if deemed necessary by the Department.

(c) Notwithstanding OAR 407-007-0280, 407-007-0300 and 407-007-0320(1), a subject individual may not be approved to be an approved provider parent or an individual described in 413-090-0065(9)(a), if the subject individual has a conviction described in 413-120-0450(3) or (4). The Department's Background Check Unit (see 413-090-0065) must provide written notice of the denial, as required by OAR 407-007-0320(2)-(3).

(d) Notwithstanding OAR 407-007-0280, when a subject individual is seeking to be approved as an approved provider parent or an individual described in 413-090-0065(9)(a), any conviction described in 413-120-0450(5), (6) and (7) or any arrest described in 413-120-0455(1) is a potentially disqualifying condition that requires a weighing test under 407-007-0300.

(A) The Department's Background Check Unit shall make a final fitness determination in accordance with OAR 407-007-0320(1)(a) or (c).

(B) A subject individual subject to a weighing test may not be approved with restrictions under OAR 407-007-0320(1)(b).

(e) OAR 407-007-0330 applies to any decisions to deny a subject individual based on subsection (1)(b) or (1)(c) of this rule.

(f) A subject individual may be approved on a preliminary basis, consistent with OAR 413-120-0440(7), if the subject individual:

(A) Does not have a conviction described in subsection (1)(c) of this rule or OAR 413-120-0450(3) or (4);

(B) Preliminary approval of the subject individual is not prohibited by OAR 407-007-0315(7);

(C) The Department's Background Check Unit conducts a preliminary fitness determination with a weighing test if the subject individual has any convictions or arrests described in subsection (1)(d) of this rule or potentially disqualifying abuse; and

(D) The Department's Background Check Unit determines that, more likely than not, the subject individual poses no potential threat to BRS clients.

(2) Ensure the following documents are contained in the individual, confidential file of each BRS client:

(a) A face sheet with frequently referenced information;

(b) The BRS client's medical insurance information;

(c) The BRS client's school enrollment, attendance, progress and discipline information during the BRS client's stay in the program;

(d) Signed consent for the BRS client to participate in the BRS program;

(e) Documentation regarding the individuals authorized to consent to medical or mental health services for the BRS client;

(f) Documentation regarding home or other family visits:

(g) Documentation of recreational, social, and cultural activities;

(h) Documentation of legal custody or voluntary placement status;

(i) Referral information;

(j) All services documentation, including but not limited to the ISP, AER, MSP, MSP updates, Discharge Summary and Aftercare Summary as required by BRS service planning in OAR 410-170-0070;

(k) Any restrictions on or special permissions for the BRS client's participation in activities or outings and the duration of any restrictions or special permissions; and

(l) All other case related information specific to the BRS client.

(3) The BRS contractor and the BRS provider must maintain in their program records:

(a) Staff schedules for BRS programs utilizing a residential care model (see OAR 410-170-0020);

(b) Certification status for approved provider parents for BRS programs utilizing a therapeutic foster care model (see OAR 410-170-0020); and

(c) Authorization for each absent day (see OAR 413-090-0065) billed for a BRS client.

Stat. Auth.: ORS 181.534, 181.537, 409.050, 411.060, 411.070, 411.116 & 418.005
Stat. Implemented: ORS 181.534, 181.537, 409.010, 409.025, 409.027, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.016, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0075

Prior Authorization for the BRS program; Appeal Rights

(1) BRS Program Eligibility.

(a) The Department (see OAR 413-090-0065) may provide prior authorization for the BRS program to a child (see 410-170-0020) or young adult (see 410-170-0020) who:

(A) Meets the requirements in OAR 410-170-0040(2)(a)(A) through (C); and

(B) Is in the care or custody of the Department or one of the federally recognized tribes in Oregon.

(b) Notwithstanding subsection (1)(a) of this rule, the Department may provide prior authorization for the BRS program to a child or young adult who:

(A) Meets the requirements in OAR 410-170-0040(2)(a)(B) through (E);

(B) Is eligible for state-funded medical assistance under Title XIX and General Assistance Medical Eligibility, OAR 413-100-0400 through 413-100-0610; and

(C) Is in the care or custody of the Department or one of the federally recognized tribes in Oregon.

(2) Appeal Rights.

(a) When a child or young adult in the care or custody of the Department or a federally recognized tribe in Oregon is denied prior authorization for the BRS program under subsection (1)(a) of this rule, he or she is entitled to notice and contested case hearing rights under OAR 410-120-1860 to 410-120-1865. The contested case hearing will be held by the Authority (see OAR 410-170-0020).

(b) When a child or young adult in the care or custody of the Department and who is enrolled in the Oregon Health Plan is denied prior authorization for the BRS program under subsection (1)(b) of this rule, he or she is entitled to notice and contested case hearing rights under OAR 413-010-0500 to 413-010-0535. The contested case hearing will be held by the Department.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005
Stat. Implemented: ORS 409.010, 411.060, 411.070, 411.095, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0080

BRS Placement Related Activities for a Department BRS Contractor and BRS Provider

(1) A BRS contractor (see OAR 410-170-0020) and BRS provider (see 410-170-0020) must coordinate all placement-related activities (see 410-170-0020) for the BRS Client (see 410-170-0020) with the BRS client's Department (see 410-170-0020) or Tribal caseworker (see 410-170-0020) to ensure these activities support the child welfare case plan and the child specific case plan.

(2) A BRS contractor and BRS provider must provide facilities, personnel, materials, equipment, supplies and services, and transportation related to placement-related activities.

(a) Clothing: The Department will place the BRS client with a BRS contractor and BRS provider with sufficient clothing at the time of placement. It is the BRS contractor's and BRS provider's responsibility to maintain the BRS client's clothing at an adequate and appropriate level. A caseworker may request approval from a child welfare supervisor or program manager for payment for additional clothing when necessary.

(b) Transportation: A BRS contractor and BRS provider is responsible to arrange or provide transportation for the BRS client for the following: school, to the extent not provided by the school district; medical, dental, and therapeutic appointments; recreational and community activities; employment; and shopping for incidental items. Notwithstanding this responsibility, the cost of transportation for the BRS client for the purposes of home visits or visits to foster homes or relatives will be equally shared by the Department, the BRS contractor and BRS provider and in as much as they are able as determined by the Department, the BRS client's parents. The BRS contractor, BRS provider, and the caseworker must jointly plan the transportation method and payment procedures as much in advance as possible.

(3) Non BRS-Related Medical and Mental Health Care.

(a) If there is no record that the BRS client has received a physical examination within the six months immediately prior to the BRS client's placement with the BRS contractor and BRS provider, the BRS contractor and BRS provider must coordinate scheduling a medical exam with the BRS client's caseworker, consistent with health insurance allowances, within 30 days of the BRS client's placement. The BRS contractor and BRS provider must keep documentation of the medical exam in the BRS client's file, and must send a copy to the BRS client's caseworker.

(b) The BRS contractor and BRS provider must coordinate with each BRS client's caseworker to ensure the BRS client's mental health, physical health (including alcohol and drug treatment services), dental, and vision needs are met. This does not include paying the cost of services or medications which are covered by the Oregon Health Plan (OHP) or by the BRS client's third party private insurance coverage. The BRS contractor and BRS provider must work with the BRS client's Department or Tribal caseworker to secure payment for services or medications not covered by OHP or the BRS client's third party private insurance coverage.

(c) The BRS contractor and BRS provider must administer and monitor medications consistent with all applicable Department rules in OAR 413-070-0400 through 413-070-0490, and the BRS provider's medication management policy must comply with Department rules.

(d) The BRS contractor and BRS provider must facilitate the BRS client's access to other medical and mental health providers whenever identified needs cannot be met within the scope of services offered by the BRS provider.

(4) Educational and vocational activities: A BRS contractor and BRS provider must have a system in place for a BRS client to attend school in order to meet the educational needs of a BRS client in its program either on-site or at an off-site location that complies with OAR 413-100-0900 through 413-100-0940.

(5) Language and culture: The BRS contractor and BRS provider must allow a BRS client to speak his or her primary language and must honor his or her culture.

(6) Other placement-related activities (see OAR 410-170-0020):

(a) Recreational, social, and cultural activities:

(A) A BRS contractor and BRS provider must provide recreation time for the BRS client on a daily basis. A BRS contractor and BRS provider must offer activities that are varied in type to allow the BRS client to obtain new experiences.

(B) A BRS contractor and BRS provider must provide each BRS client a minimum of one opportunity per week to participate in recreational activities in the community, unless the BRS client is clearly unable to participate in offsite activities due to safety issues.

(C) The BRS contractor and BRS provider must provide access to or make available social and cultural activities for the BRS client. These activities are to promote the BRS client's normal development and help broaden the BRS client's understanding and appreciation of the community, arts, environment and other cultural groups.

(D) The BRS contractor and BRS provider must not permit a BRS client to participate in recreational activities that present a higher level of risk to a BRS client without the Department's approval. This applies to activities that require a moderate to high level of technical expertise to perform safely, present environmental hazards, or where special certification or training is recommended or required such as: whitewater rafting, rock climbing, ropes courses, activities on or in any body of water where a certified lifeguard is not present and on duty, camping, backpacking, mountain climbing, using motorized yard equipment, and horseback riding.

(b) Academic Assistance: If needed, the BRS contractor and BRS provider must provide adequate opportunities for the BRS client to complete homework assignments with assistance from staff, or an approved provider parent (see OAR 410-170-0020), if applicable.

(7) The BRS contractor and BRS provider must comply with Child Welfare Policy I-A.4.1, "Rights of Children and Young Adults".

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0085

Billing and Payment for Services and Placement-Related Activities

(1) Billable care day (see OAR 410-170-0020):

(a) The BRS contractor (see OAR 410-170-0020) is compensated for a billable care day services (see 410-170-0020) and placement-related activities (see 410-170-0020) rates on a fee-for-service basis in accordance with OAR 410-170-0120.

(b) The BRS contractor may include an overnight transitional visit (see OAR 413-090-0065) by the BRS client (see 410-170-0020) to another placement in its billable care days. The BRS contractor must:

(A) Receive prior approval for the transitional visit from the Department (see OAR 410-170-0020);

(B) Ensure that the transitional visit is in support of the MSP goals related to transition;

(C) Pay the hosting placement at the established absent day (see OAR 413-090-0065) rate for the sending BRS provider (see 410-170-0020); and

(D) Ensure the hosting placement will not seek any reimbursement from the Department for the care of the visiting BRS client.

(2) Absent Days:

(a) The BRS contractor is compensated for an absent day at the absent day rate in order to hold a BRS program placement for a BRS client with the prior approval of the BRS client’s caseworker (see OAR 410-270-0020).

(b) Notwithstanding OAR 410-170-0110(4), the BRS contractor may request prior approval from the BRS client's caseworker to be reimbursed for more than 8 but no more than 14 calendar days of home visits in a month for a BRS client. However, any additional days of home visits approved under this rule will be paid at the absent day rate.

(3) The BRS contractor may only be reimbursed for the BRS type of care (see OAR 410-170-0020) authorized in the contract with the Department.

(4) Invoice Form:

(a) The BRS contractor must submit to the Department a monthly invoice in a format acceptable to the Department, on or after the first day of the month following the month in which services (see OAR 410-170-0020) and placement-related activities (see 410-170-0020) were provided to the BRS client. The monthly invoice must specify the number of billable care days and absent days for each BRS client in that month.

(b) The BRS contractor must provide upon request, in a format approved by the Department, written documentation of each BRS client's location for each day claimed as a billable care day and an absent day.

(5) Billable care day and absent day rates are provided in the "BRS Rates Table", dated January 1, 2014, which is adopted as Exhibit 1 and incorporated by reference into this rule. A printed copy may be obtained from the Department.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0090

Compliance Reviews and Remedies

(1) The BRS contractor (see OAR 410-170-0020) must cooperate, and ensure its BRS providers cooperate, with program compliance reviews or audits conducted by any federal, state or local governmental agency or entity related to the BRS program, including but not limited to the Department's provider rules 407-120-0170, 407-120-0180, 407-120-0310, and 407-120-1505.

(2) The Department (see OAR 410-170-0020) or its designee will conduct compliance reviews periodically, including but not limited to review of documentation and onsite inspections.

(3) The Department may pursue any combination of contract remedies, including but not limited to recovery of overpayments; licensing actions; and other remedies authorized under the contract, at law or in equity against a BRS Contractor, a BRS Provider (see OAR 410-170-0020), or both, for non-compliance with applicable laws, regulations or contract provisions,. In addition to or in lieu of any of the above, the Department may proceed under the applicable provisions of 410-170-0120.

Stat. Auth.: 409.050, 411.060, 411.070, 411.116 & 418.005
Stat. Implemented: 409.010, 411.060, 411.070, 411.116, 418.005, 418.027 & 418.495
Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

Personal Care Services

413-090-0100

Purpose

The purpose of these rules, OAR 413-090-0100 to 413-090-0210, is to describe the requirements for eligibility and receipt of personal care services when a child or young adult is placed with a foster parent or relative caregiver by the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0110

Definitions

The following definitions apply to OAR 413-090-0100 to 413-090-0210:

(1) "Certified family" means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

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

(3) "Contract Registered Nurse" means a licensed registered nurse under a contract with the Department of Human Services who provides nursing assessment, consultation, teaching, delegation, or on-going nursing services to a child or young adult in the care or custody of the Department.

(4) "Delegated nursing task" means a task, normally requiring the education and license of a registered nurse (RN) and within the RN scope of practice to perform, that an RN authorizes an unlicensed person to perform.

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

(6) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(7) "Legally responsible relative" means the parent or stepparent of a child or young adult or a person related to the child or young adult by blood or marriage who has legal custody or legal guardianship of the child or young adult.

(8) "Level of personal care" means the payment to a qualified provider for performing the personal care services for an eligible child or young adult.

(9) "Personal Care RN Manager" means a registered nurse (RN) who is a licensed registered nurse employed by the Department of Human Services to provide oversight of Contract Registered Nurses and personal care services authorized through the Children, Adults, and Families Division of the Department of Human Services.

(10) "Personal care services" means the provision of or assistance with those functional activities described in OAR 413-090-0120 consisting of mobility, transfers, repositioning, basic personal hygiene, toileting, bowel and bladder care, nutrition, medication management, and delegated nursing tasks that a child or young adult requires for his or her continued well-being.

(11) "Personal care services assessment" means an evaluation by a registered nurse of a child or young adult's ability to perform the functional activities required to meet the child or young adult's daily needs.

(12) "Personal care services plan" means a written plan to provide personal care services for the child or young adult documenting:

(a) The determination that the individual is a qualified provider;

(b) The frequency or intensity of each personal care service to be provided; and

(c) The date personal care services begin.

(13) "Qualified provider" means an individual who:

(a) Is authorized by the Department through the Contract Registered Nurse or Personal Care RN Manager;

(b) Demonstrates by background, skills, and abilities the capability to safely and adequately provide the authorized personal care services;

(c) Maintains a drug-free household;

(d) Has been approved through the background check process described in Child Welfare Policy I-G.1.4, "Oregon Computerized Criminal History Checks and Nationwide Criminal History Checks through the FBI for Relative Caregivers, Foster Parents, Other Persons in Household and Adoptive Parents for Children in the Care or Custody of DHS" OAR 413-120-0400 to 413-120-0470 or under OAR 407-007-0200 to 407-007-0370; and

(e) Is not the parent, step-parent, or legally responsible relative of the child or young adult eligible for personal care services.

(14) "Registered nurse" means an individual licensed and registered to practice nursing.

(15) "Relative caregiver" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult who is placed in the home by the Department.

(16) "Young adult" means a person aged 18 through 20 years who remains in the care and custody of the Department, and lives in substitute care or lives independently through the Department's Independent Living Subsidy Program.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; SOSCF 6-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0120

Scope of Services

(1) Personal care services are provided directly to the eligible child or young adult and do not include respite or other services, nor are they implemented for the purpose of benefiting others in the household or the household in general.

(2) Personal care services include:

(a) Mobility, transfers, repositioning -- assisting a child or young adult with ambulation or transfers with or without an assistive device, turning the individual or adjusting padding for physical comfort or pressure relief, or encouraging or assisting with range-of-motion exercises;

(b) Basic personal hygiene -- providing or assisting a child or young adult with needs such as bathing (tub, bed bath, shower), washing hair, grooming, shaving, nail care, foot care, dressing, skin care, mouth care, and oral hygiene;

(c) Toileting, bowel and bladder care -- assisting a child or young adult to and from bathroom, on and off a toilet, commode, bedpan, urinal or other assistive device used for toileting, changing incontinence supplies, following a toileting schedule, cleansing the individual or adjusting clothing related to toileting, emptying catheter drainage bag or assistive device, ostomy care or bowel care;

(d) Nutrition -- preparing meals and special diets, assisting with adequate fluid intake or adequate nutrition, assisting with food intake (feeding), monitoring to prevent choking or aspiration, assisting with special utensils, cutting food, and placing food, dishes and utensils within reach for eating;

(e) Medication management -- assisting with ordering, organizing and administering prescribed medications (including pills, drops, ointments, creams, injections, inhalers, and suppositories), monitoring for choking while taking medications; and

(f) A delegated nursing task.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0130

Personal Care Services Eligibility

To receive personal care services while living with a certified family, a child or young adult in the care or custody of the Department must:

(1) Be eligible to receive medical services funded through either Title XIX of the Social Security Act or the state general fund;

(2) Have no available resources from the natural support system of friends, neighbors, or other community resources to provide personal care services; and

(3) Have a documented diagnosed physical or mental impairment and require personal care services as determined by a personal care services assessment.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; SOSCF 6-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0133

Conducting a Personal Care Services Assessment

(1) When a child or young adult with a diagnosed physical or mental impairment appears to require personal care services and the caseworker becomes aware of the apparent need for personal care services, the caseworker must refer the child or young adult to the Contract Registered Nurse for an assessment.

(2) Upon receipt of a referral, the Contract Registered Nurse or the Personal Care RN Manager conducts the assessment.

(3) To conduct the personal care services assessment, the Contract Registered Nurse or the Personal Care RN Manager:

(a) Reviews available medical records of the child or young adult;

(b) Meets with the child or young adult and the foster parent or relative caregiver:

(c) Gathers information about the child or young adult's condition and functioning;

(d) Assesses the child or young adult's ability to perform functional activities necessary to meet his or her daily needs at a level appropriate for the child or young adult's chronological age;

(e) Documents the findings of the personal care services assessment; and

(f) Submits the findings of the personal care services assessment to the Personal Care RN Manager.

(4) The Personal Care RN Manager must:

(a) Review the findings of the personal care services assessment;

(b) Apply the rating scale to the personal care services assessment;

(c) Determine whether the child or young adult meets the threshold for a level of personal care;

(d) Determine the level of personal care; and

(e) When the personal care services assessment scores a child or young adult's level of personal care needs at Level 4, convene a meeting with the foster parent or relative caregiver and others involved in the child or young adult's care in determining the additional payment and the intensive personal care services required to meet the child or young adult's identified needs.

(5) The responsibilities set forth in section (4) of this rule may be conducted by another medical professional employed by or under contract with the Department when the Personal Care RN Manager is unavailable.

Stat. Auth. ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0135

Provider Eligibility

(1) Personal care services may be provided only by a qualified provider under OAR 413-090-0110(13); and

(2) The Contract Registered Nurse or the Personal Care RN Manager may authorize a qualified provider to provide personal care services to a child or young adult in the care or custody of the Department if:

(a) The Contract Registered Nurse or Personal Care RN Manager determines that the provider meets the definition of a qualified provider in OAR 413-090-0110(13); and

(b) The qualified provider signs the personal care services plan with the Department and agrees to provide the personal care services to the child or young adult described in the personal care services plan.

Stat. Auth. ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0136

Developing the Personal Care Services Plan

(1) After conducting the personal care services assessment when it has been determined that a child or young adult is eligible for personal care services, the Contract Registered Nurse or Personal Care RN Manager must develop a personal care services plan.

(2) The personal care services plan must:

(a) Specify the frequency or intensity of each personal care service;

(b) Identify the qualified provider to provide the personal care service;

(c) If the plan includes a delegated nursing task, the personal care services plan must include:

(A) The written authorization of the registered nurse permitting the qualified provider to perform the delegated nursing task;

(B) The written instructions on how to perform the delegated nursing task;

(C) How frequently the child or young adult is to be reassessed with respect to the delegated nursing task;

(D) How the qualified provider is to be supervised; and

(E) How frequently the qualified provider is to be reevaluated.

(d) Identify the date that the personal care services are to begin and the date that the personal care services plan ends; and

(e) Be signed by the Contract Registered Nurse or Personal Care RN Manager and each qualified provider providing services under the personal care services plan.

(3) If the Contract Registered Nurse or Personal Care RN Manager determines that the child or young adult requires a delegated nursing task, the Contract Registered Nurse or Personal Care RN Manager must follow the requirements in OAR 851-047-0000 to 851-047-0040.

(a) An authorization permitting a qualified provider to perform a nursing task does not permit the qualified provider to perform the task for a different child or young adult and the authorization may not be transferred.

(b) The skill of the qualified provider and the condition of the child or young adult must be reevaluated as appropriate.

(c) The registered nurse may rescind the delegation, as provided in OAR 851-047-0030(7), and revise the personal care services plan accordingly.

Stat. Auth. ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0140

Periodic Review of Personal Care Services Eligibility

(1) A child or young adult's eligibility for personal care services must be reviewed annually from the initial date of the personal care services plan, unless an earlier date for reassessment has been approved in the personal care services plan.

(2) The child or young adult's caseworker may refer the child or young adult for a personal care services reassessment earlier than the date approved in the personal care services plan if the child or young adult's need for personal care services has changed. The Personal Care RN Manager must approve the referral.

(3) The Department must send a notice to the foster parent or relative caregiver, on behalf of the child or young adult, at least 14 days prior to conducting a personal care services reassessment. The notice must include:

(a) A description and explanation of the personal care services assessment process;

(b) An explanation of the process for appealing the results of the personal care services assessment; and

(c) A description of the foster parent or relative caregiver's right, on behalf of the eligible child or young adult, to set the date, time and place of the personal care services assessment at a location that is convenient for him or her and to invite other persons to participate in the personal care services assessment.

(4) The Contract Registered Nurse or Personal Care RN Manager follows the process set forth in OAR 413-090-0133 when conducting a personal care services reassessment.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0150

Payment Determination

(1) Payment for the personal care services identified in the personal care services plan is based on the eligible child or young adult's personal care services at a level of personal care that corresponds to the needs identified in the personal care services assessment and is determined by the Department. The levels of personal care are set forth in Exhibit 1.

(a) If the eligible child or young adult qualifies as Level 1 (moderate care), the payment is a maximum of $207 per month based on the days within the month the child or young adult is eligible for and receives personal care services.

(b) If the eligible child or young adult qualifies as Level 2 (intermediate care), the payment is a maximum of $413 per month based on the days within the month the child or young adult is eligible for and receives personal care services.

(c) If the eligible child or young adult qualifies as Level 3 (advanced care), the payment is a maximum of $620 per month based on the days within the month the child or young adult is eligible for and receives personal care services.

(d) If the eligible child or young adult qualifies as Level 4 (intensive care), the payment is an amount authorized by the Department, based on the days within the month the child or young adult is eligible for and receives personal care services and on the intensity and frequency of the personal care services in conjunction with all other medical services provided for the child or young adult.

(2) Payment for personal care services is made on a monthly basis, and is calculated based on the number of days personal care services were provided to the eligible child or young adult.

(a) General Fund payment for personal care services is authorized by the Department on the date the personal care services assessment is approved.

(b) Title XIX payment for personal care services is authorized by the Department on the date the personal care services plan was signed by the qualified provider.

[Publications: Publications referenced are available from the agency.]
[ED. NOTE: Exhibits referenced are not included in rule text. Click here for PDF copy of exhibit(s).]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; SOSCF 6-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

413-090-0210

Termination of Personal Care Services and Payments

(1) Personal care services provided to a child or young adult are terminated when the child or young adult no longer meets the eligibility requirements under OAR 413-090-0130.

(2) Personal care services payments are made to the qualified provider as described in OAR 413-190-0150(2) until a personal care services plan is terminated or the date the child or young adult is no longer in the care of the foster parent or relative caregiver, whichever is earlier.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09

Payments for Special and/or Extraordinary Needs

413-090-0300

Purpose

These rules describe how payments for special and/or extraordinary needs may be used to benefit children in the custody of the Department who are in foster care, family and professional shelter care, residential group care and child who are in non-reimbursed placement such as SAIP and SCIP.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03; CWP 2-2006, f. & cert. ef. 2-1-06

413-090-0310

Definition

(1) "Clothing Replacement Allowance": means the Department includes the cost of maintaining adequate clothing for each child in the substitute care maintenance payments to the provider.

(2) "Department" means the Department of Human Services (DHS).

(3) "Payment for Special and/or Extraordinary Needs": means a payment for specific services or supplies which are essential to the child's substitute care and no other resource exists to cover the essential service or supply. This payment is unrelated to and independent of the regular monthly substitute care maintenance payment. The payment for the child's special or extraordinary need shall not be ongoing in nature and is available on a limited or one-time basis.

(4) "SAIP" means Secure Adolescent Inpatient Program.

(5) "SCIP" means Secure Children's Inpatient Program.

(6) "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: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03; CWP 2-2006, f. & cert. ef. 2-1-06

413-090-0320

Policy

(1) Payments for Special and/or Extraordinary Needs shall be limited to the amounts stated in the I-E.5.2 Information letter. Requests shall state a specific amount.

(2) Exceptions to these rules may be made with the SDA Manager's or designee's approval in individual situations. Exceptions must be made prior to purchase and authorized in writing in the case file.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0330

Clothing

(1) The agency will make certain that clothing needs of children going into or placed in substitute care, such as a residential facility and paid/unpaid foster or relative care are met. Both staff and contracted providers shall use reasonable judgment in making clothing purchases. It is expected that a child in the custody of the Department will be dressed similar to other children living in the community, but purchases are dependent upon funds available to the Department.

(2) Unless the SDA Manager or designee makes an individual exception, clothing purchases may be authorized after:

(a) Clothing available and belonging to the child is obtained from the parent(s), guardian, relative caregiver or provider at the time of placement or change of placement. If release of clothing is refused and it is in the best interest of the child, a court order for the release of such clothing is to be requested from the juvenile court;

(b) Clothing resources such as foster parent organizations or agency volunteer programs, etc., are to be used prior to any Department purchase of clothing;

(c) Shelter Care: The Department will make payment for emergency clothing after searching the available resources and determining that sufficient clothing is not available.

(d) Ongoing Substitute Care:

(A) The payment to substitute care providers includes a clothing replacement allowance. It is the provider's responsibility to maintain the child's clothing with the clothing replacement allowance. The agency will not purchase replacement clothing except in extraordinary situations;

(B) When a child moves from one caregiver to another caregiver, all of the child's clothing, including clothing purchase for the child while in substitute care, shall go with the child. The child is not eligible for another emergency or standard clothing voucher;

(C) New clothing for a child in an adoptive placement will not be purchased except to make certain that the child is properly clothed for presentation to the adoptive parents at the time of placement;

(D) Children who are in shelter care or ongoing care generally will not receive a supplemental clothing voucher when they leave care temporarily and later return to out-of-home care. Exceptions for a supplemental clothing voucher may be made with the SDA Manager's or designee's approval.

(e) Maximum Clothing Allowances: The maximum rates the Department pays are outlined in the Information Letter, I-E.5.2. [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced in this rule are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0340

Transportation

(1) The agency may pay for non-medical transportation not to exceed current Department mileage rates paid to case-work staff. Reasonable travel to the child's home for visitation is a Title IV-E allowable expense. All other transportation expenses shall be billed to General Fund:

(a) Visitation: When family visitation is a part of the service plan, the foster parent may be reimbursed for providing transportation to and from these visits. When the child is in a residential care and treatment facility and the written treatment plan includes visitation with parent(s) or relative(s), the cost of such visits are expected to be shared by the Department, service provider and child's family. Direct case-by-case negotiations with the provider and the child's family, to determine Department cost, shall be made in advance of the visits;

(b) School: When the child is in family foster care and the school district does not provide transportation, the foster parents may be reimbursed for mileage transporting the child to school, or for city bus passes where available and appropriate;

(c) In-state transportation by airline for children may be approved only if the cost of the air fare does not exceed all the actual costs of transporting the child by car.

Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV-E
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0355

Payments Eligible for Title IV-E

(1) Title IV-E allowable clothing expenses are based upon a consideration of what is necessary or required. For example, Title IV-E can be claimed if a child is required to have certain supplies for a specific school class project. Title IV-E should not be utilized for supplies needed for an after school enrichment program.

(2) Title IV-E allowable costs include, but are not limited to, locker and towel fees, art supplies, pencils, paper, necessary school clothing.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0365

Education Costs Not Eligible for Title IV-E

(1) Basic school costs are to be paid by local school districts.

(2) The Department's maximum payments for educational cost are outlined in I-E.5.2 Information Letter.

(3) The educational costs on the list below are not Title IV-E eligible. The Department may authorize the following allowable school costs if sufficient funds are available: [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced in this rule are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0370

Payment Method

(1) A CF 598 (Authorization and Vendor Invoice) must be completed in accordance with instruction and presented to the vendor.

(2) The CF 598 will authorize a maximum amount; however, the vendor may only bill the Department for the actual amount of purchase.

(3) A business will be reimbursed after submitting a CF 598 which certifies goods and/or services were rendered by the business in accordance with the CF 598.

(4) A person or party who has purchased goods or services will be reimbursed upon submitting the completed CF 598 along with original receipt(s) for each item purchased.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 10-2003, f. & cert. ef. 1-7-03

413-090-0380

Children in Non-Reimbursed Placement at Oregon State Hospital and Other Non-Reimbursed Providers

(1) The Department has established a procedure to provide personal allowances for children who are in custody of the Department and are placed in a non-reimbursed placement at SAIP, SCIP, and other non-reimbursed providers.

(2) Procedure:

(a) Determine if the children have benefits or resource coming in to their trust account. The Department staff can use the IFDF screen to see if the child has a balance in his/her trust account. If there is money in the trust account, the worker can initiate a CF 198 (Trust Action) monthly to receive payment for the child. Maximum monthly amount is not to exceed $30.00;

(b) If the child does not have any benefits or resources coming in, then the allowance payment may be made from "Payments for Special and/or Extraordinary Needs" using the individual the Department location cost center and an object code of 980.092, Personal Allowance. (This is an EAS object code). Department staff would initiate payment by completing a CF 294 (Administrative Expense Voucher) monthly, including the child's case number and person letter. Maximum monthly amount would be $30.00.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 27-2000 f. & cert. ef. 9-14-00; CWP 10-2003, f. & cert. ef. 1-7-03; CWP 2-2006, f. & cert. ef. 2-1-06

Funeral and Burial Expense

413-090-0400

Purpose

These rules, OAR 413-090-0400 through 0430, describe the payment of funeral, burial or cremation expenses for a child who dies while in the legal custody of the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 14-1999, f. 7-8-99, cert. ef. 7-12-99; CWP 11-2003, f. & cert. ef. 1-7-03

413-090-0405

Definitions

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

(2) "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: ORS 418.005
Hist.: CWP 11-2003, f. & cert. ef. 1-7-03

413-090-0410

Eligibility for Payment

Funeral, burial or cremation expenses shall only be authorized for a child who is in the Department's legal custody at the time of death. All other resources for payment of expenses, including parents, relatives and guardians must be explored before approval is given for the Department to make payments.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 14-1999, f. 7-8-99, cert. ef. 7-12-99; CWP 11-2003, f. & cert. ef. 1-7-03

413-090-0420

Payment Method

Payment by the Department will be by CF 294 (Administrative Expense Voucher). This expenditure will be charged to the branch Services and Supply allocation. Vendors must submit itemized billings on their letterhead.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 11-2003, f. & cert. ef. 1-7-03

413-090-0430

Allowable Costs

Funeral, burial or cremation expenses are to be borne by parents, relatives and guardians if at all possible. In the event the agency must cover costs, payment for funeral, burial or cremation expenses are not to exceed $1,500. Exceptions can be made up to $2,500 total with SDA Manager or designee approval. The following list specifies allowable expenses:

(1) Funeral Service

(a) Transportation in excess of 25 miles for:

(A) First call;

(B) Funeral coach.

(2) Burial or Cremation:

(a) Cemetery burial:

(A) Endowment care, if provided by cemetery;

(B) Grave space;

(C) Outer case, opening and closing of grave.

(b) Indoor or Outdoor Mausoleum Burial:

(A) To be provided within total burial allowance;

(B) Opening, closing and lettering when crypt is already owned.

(c) Cremation Services:

(A) Cremation;

(B) Unpolished urn;

(C) Niche;

(D) Grave space for cremated remains;

(E) Interment of cremated remains;

(F) Endowment care when provided;

(G) Finished urn when an open-front niche is already owned;

(H) Transportation of cremated remains may be authorized by branch office in exceptional case.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 14-1999, f. 7-8-99, cert. ef. 7-12-99; CWP 11-2003, f. & cert. ef. 1-7-03

Payments for Providing Direct Client Legal Services

413-090-0500

Purpose

These rules establish the conditions under which SOSCF can issue a standard legal fees payment for the cost of providing direct client services in the establishment of court appointed guardianship of children in SOSCF's care and custody.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98

413-090-0510

Definitions

"Vendor Attorneys" are qualified attorneys, including Legal Aide Programs who have signed a legal fees agreement with SOSCF to accept SOSCF's currently established standard payment, plus reimbursement of any personal costs incurred, for court fees and the filing of mandatory court papers, or for obtaining birth certificates when establishing guardianships for children in SOSCF's care and custody, or to process adoptions.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98

413-090-0520

Eligibility for Payment of Direct Client Legal Services

(1) DHS may consider making payments for direct client legal services for the establishment of uncontested guardianships for children in DHS’s care and custody when it is documented that:

(a) The family is unable to pay for the services of a private attorney;

(b) No free legal resource is available to the client.

(c) When thoughtful and thorough decision-making has established guardianship as a permanency plan and it has been determined that the plan:

(A) Is in the best interests of the child;

(B) Offers a long-term commitment by the prospective guardian for stable and continuous care of the child until adulthood;

(C) Meets the prospective guardian and the child’s wishes;

(D) Meets the child’s need for stability and continuity of relationships;

(E) Assures the mental and physical health of all involved;

(F) Assures the guardian’s ability to protect and support the child without the agency’s help;

(G) Has the parent’s consent, or the agency can show good cause such as the parent’s incarceration, incapacity, or abandonment of the child;

(H) Assures the prospective guardian can appropriately manage the parent’s involvement with the child.

(2) Payment may be considered even though the court’s establishment of guardianship does not result in termination of all branch services.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98; SOSCF 5-2002, f. 3-28-02, cert. ef. 4-1-02

413-090-0530

Selecting an Attorney

Prospective guardians, found eligible for client legal services, may choose an SOSCF "vendor attorney" from the branch list or procure the services of a private attorney.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98

413-090-0540

Rate of Payment for Legal Services

(1) DHS will pay the costs of establishing uncontested guardianships at SOSCF’s currently established standard payment rate, plus reimbursement of personal costs incurred for court fees and the filing of mandatory court papers. Payments are made from the foster care prevention budget.

(2) Payment will be made after the guardianship is legally established and the branch receives a copy of the court order. Payment will be made after the guardiansihp is established to either the:

(a) Vendor attorney; or

(b) Family for reimbursement of the services of a private attorney. Payment to the family is limited to the amount of the contracted vendor payment standard plus reimbursement of mandatory court fees and filing costs.

(3) The family is responsible for all charges billed in excess of DHS’s established standard payment rate when they choose to hire a private attorney.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98; SOSCF 5-2002, f. 3-28-02, cert. ef. 4-1-02

413-090-0550

Court Order Content

Ideally, court orders resulting from these legal actions should:

(1) Specifically set forth the permanency plan;

(2) Terminate SCF's involvement/responsibility;

(3) Designate the responsibility of the parent(s) and the guardian. For example, court orders may state that the guardian has the duty to protect, feed, educate, shelter, and care for the child, as well as make decisions about the child's legal residence, the responsibility to enroll the child in school and get the child medical treatment, as well as having authority over the child's estate and assets.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f. & cert. ef. 9-14-98

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