Definitions

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_413/413_090.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 



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
Definitions

The following definitions apply to OAR
413-090-0000 to 413-090-0550:
(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 program of the BRS
provider (see OAR 410-170-0020);
(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; 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 to bill the calendar day as
an "absent day".
(2) "Abuse check" means obtaining
and reviewing abuse allegations and 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) "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.
(4) "Babysitting" means the
provision of temporary, occasional care for a child or young adult that is:
(a) Ten consecutive hours
or less; and
(b) Not overnight care.
(5) "Background Check Unit
(BCU)" means the Department of Human Services Background Check Unit.
(6) "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 special
or unique nutritional needs of the child or young adult;
(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 appropriate for
the chronological age of the child or young adult;
(e) Personal incidentals,
including personal care items, entertainment, reading materials, and miscellaneous
items; and
(f) Transportation, including
gas, oil, and vehicle maintenance and repair costs for local travel associated with
providing the items listed above, and transportation to and from extracurricular,
child care, recreational, and cultural activities.
(7) "CANS screening" means
Child and Adolescent Needs and Strengths screening, a process of gathering information
on the needs and strengths of a child or young adult for one or more of the following
purposes:
(a) To identify case planning,
service planning, and supervision needs of the child or young adult in substitute
care with a certified family; and
(b) To determine the level
of care payment while in substitute care with a certified family; and
(c) To determine the level
of care payment included in an adoption assistance agreement or guardianship assistance
agreement.
(8) "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 the individual
or individuals reside, to a child or young adult in the care or custody of the Department.
(9) "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.
(10) "Child" means a person
under 18 years of age.
(11) "Clothing replacement
allowance" means an allowance included in the substitute care maintenance payments
to a provider to cover the cost of maintaining adequate clothing for each child
or young adult in the substitute care maintenance payments to the provider.
(12) "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.
(13) "Contract registered
nurse" means a licensed registered nurse under a contract with the Department 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.
(14) "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 in which criminal offender information is obtained from the Oregon State Police
(OSP) using the Law Enforcement Data System (LEDS). An Oregon criminal records check
may also include a review of other criminal records information obtained from other
sources.
(b) A national criminal records
check in which records are obtained from the Federal Bureau of Investigation (FBI)
through the use of fingerprint cards sent to OSP and other identifying information.
A 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.
(15) "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.
(16) "Department" means the
Department of Human Services, Child Welfare.
(17) "Dependent parent" means
a child or young adult in the legal custody of the Department who is the parent
of a child.
(18) "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 BRS provider and there is no current level of care
determination applicable to the child or young adult.
(19) "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.
(20) "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 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.
(21) "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.
(22) "Guardian" means an
individual who has been granted guardianship of the child through a judgment of
the court.
(23) "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.
(24) "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.
(25) "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.
(26) "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.
(27) "Level of personal care
payment" means the payment to a qualified provider for performing the personal care
services for an eligible child or young adult based on the child's or young adult's
need for personal care services as determined by applying the personal care services
algorithm to the results of the personal care services rating scale.
(28) "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 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.
(29) "Personal Care Nurse
Coordinator" means a registered nurse (RN) who is a licensed registered nurse employed
by the Department to provide oversight of contract registered nurses and personal
care services authorized through the Department.
(30) "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.
(31) "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.
(32) "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.
(33) "Potential guardian"
means an individual who:
(a) Has been approved by
the Department or participating tribe to be the guardian of a child or young adult;
and
(b) Is in the process of
legalizing the relationship to the child through the judgment of the court.
(34) "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.
(35) "Qualified provider"
means an individual who:
(a) Is authorized by the
Department through the contract registered nurse or Personal Care Nurse Coordinator;
(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 OAR 413-120-0400 to 413-120-0475 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.
(36) "Registered nurse" means
an individual licensed and registered to practice nursing.
(37) "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 placed in the home by the Department.
(38) "SAIP" means Secure
Adolescent Inpatient Program.
(39) "SCIP" means Secure
Adolescent Inpatient Program.
(40) "SDA" means Service
Delivery Area (SDA)" means a geographic region of one or more counties served by
the Department and managed by an SDA Manager.
(41) "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.
(42) "Subject individual"
means an individual described in OAR 407-007-0030(30)(a).
(a) For the purposes of these
rules, 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 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.
(43) "Transitional visit"
means an overnight visit by the BRS client to another placement for the purpose
of facilitating the BRS client's transition.
(44) "Vendor Attorneys" means
qualified attorneys, including Legal Aide Programs who have signed a legal fees
agreement with the Department to accept the Department'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 the care and custody of the Department, or to process
adoptions.
(45) "Young adult" means
a person aged 18 through 20 years.
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; CWP 13-2015, f. &
cert. ef. 8-4-15
Foster Care Payments for a Child
or Young Adult Living

with a Certified Family or Living Independently
413-090-0005
Purpose
The purpose of OAR 413-090-0005 to 413-090-0050
is to describe the responsibilities of the Department for payment of the following
costs on behalf of a child or young adult.
(1) A foster care maintenance
payment 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) A Chafee housing payment
to an eligible individual.
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; CWP
13-2015, f. & cert. ef. 8-4-15
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 the child or young adult 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 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 OAR 413-130-0000
to 413-130-0130; or
(B) A guardianship assistance
agreement with a potential guardian or guardian pursuant to 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, Office of Child
Welfare Programs, 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 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.
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; CWP 13-2015, f. & cert. ef. 8-4-15
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 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; CWP
13-2015, f. & cert. ef. 8-4-15
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 OAR 413-130-0000 to 413-130-0130
for the adoption assistance eligibility requirements of the Adoption Assistance
Program.
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; CWP
13-2015, f. & cert. ef. 8-4-15
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
Definitions for OAR 413-090-0055 to
413-090-0090 are in OAR 413-090-0000.
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; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0070
BRS Provider Requirements
In addition to the requirements in OAR
410-170-0030, the BRS contractor (see OAR 410-170-0020) and the BRS provider (see
OAR 410-170-0020) providing services (see OAR 410-170-0020) and placement-related
activities (see OAR 410-170-0020) to a BRS client (see OAR 410-170-0020) in the
care or custody of the Department 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 and an abuse check, on each
subject individual in compliance with OAR 407-007-0210 to 407-007-0380, any applicable
background check requirements that apply to public child-caring agencies or private
child-caring agencies, 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 OAR 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 410-170-0020) 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 OAR 410-170-0020), 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; 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 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) of this rule 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 413-090-0000(42)(a) if
the subject individual has a conviction described in 413-120-0450(3) or (4). The
Department's Background Check Unit must provide written notice of the denial, as
required by 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 413-090-0000(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 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; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0075
Prior Authorization for the BRS
program; Appeal Rights
(1) BRS Program Eligibility.
(a) The Department 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 OAR 410-170-0020) must coordinate all placement-related activities
(see OAR 410-170-0020) for the BRS client (see OAR 410-170-0020) with the BRS client's
Department or tribal caseworker (see OAR 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 responsibility of the BRS contractor
and BRS provider 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 are 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 schedule 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 approval of the
Department. 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 OAR 413-010-0170 through 413-010-0185.
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; CWP 13-2015, f. & cert. ef. 8-4-15
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 OAR 410-170-0020)
and placement-related activities (see OAR 410-170-0020) rates on a fee-for-service
basis in accordance with OAR 410-170-0110.
(b) The BRS contractor may
include an overnight transitional visit by the BRS client (see OAR 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;
(B) Ensure that the transitional
visit is in support of the MSP (see OAR 410-170-0020) goals related to transition;
(C) Pay the hosting placement
at the established absent day rate for the sending BRS provider (see OAR 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 410-170-0020).
(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 and
placement-related activities 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 for BRS services provided on or after July 1, 2015, are in the
"BRS Rates Table", dated July 1, 2015, 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; CWP 15-2015(Temp), f. & cert. ef. 8-26-15 thru 2-21-16
413-090-0087
When a Child or Young Adult Placed
with a BRS Program Is Missing
(1) When a child or young adult placed
with a BRS program (see OAR 410-170-0020) is missing, the BRS contractor (see OAR
410-170-0020) must ensure its BRS providers immediately report information about
the missing child or young adult to the Department.
(2) Documentation of the
report required in section (1) of this rule is required as outlined in OAR 410-170-0030(12)(b)(B).
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, 418.490, 418.495
Hist.: CWP 18-2015(Temp),
f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
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 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
Definitions for OAR 413-090-0100 to
413-090-0210 are in 413-090-0000.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.015
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; CWP 2-2015, f. & cert. ef. 1-1-15;
CWP 13-2015, f. & cert. ef. 8-4-15
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 409.050 & 418.005
Stats. Implemented: ORS 409.010,
418.005 & 418.015
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;
CWP 2-2015, f. & cert. ef. 1-1-15
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
or the Personal Care Nurse Coordinator for an assessment.
(2) When a child or young
adult with an approved personal care services assessment or an existing personal
care services plan moves to a new foster parent or relative caregiver, the caseworker
must refer the child or young adult to the contract registered nurse or the Personal
Care Nurse Coordinator for an assessment.
(3) Upon receipt of a referral,
the contract registered nurse or the Personal Care Nurse Coordinator must conduct
a personal care services assessment.
(4) To conduct the personal
care services assessment, the contract registered nurse or the Personal Care Nurse
Coordinator must:
(a) Review available medical
records of the child or young adult;
(b) Meet with the child or
young adult and the foster parent or relative caregiver;
(c) Gather information about
the child or young adult's condition and functioning;
(d) Assess 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) Document the findings
of the personal care services assessment using the Department’s Personal Care
Services Assessment form that is applicable to the age of the child or young adult;
and
(f) Submit the completed
personal care services assessment to the Personal Care Nurse Coordinator.
(5) The Personal Care Nurse
Coordinator must:
(a) Review the findings of
the personal care services assessment;
(b) Apply the rating scale
in Exhibit 1 to the personal care services assessment;
(c) Determine whether the
child or young adult meets the threshold for a level of personal care payment;
(d) Determine the level of
personal care payment; and
(e) When the personal care
services assessment scores a child or young adult's level of personal care needs
at Level 4 based on the rating scale in Exhibit 1, determine the additional payment
and the intensive personal care services required to meet the child or young adult's
identified needs, which may involve consulting with the foster parent, relative
caregiver, or others involved in the child or young adult's care.
(6) The responsibilities
set forth in section (5) of this rule may be conducted by another medical professional
employed by or under contract with the Department when the Personal Care Nurse Coordinator
is unavailable.
[ED. NOTE:
Exhibits & Forms referenced are not included in rule text. Click here for PDF copy of exhibit(s) & form(s).]
Stat. Auth.: ORS 409.050,
418.005
Stats. Implemented: ORS 409.010,
418.005, 418.015
Hist.: CWP 11-2009(Temp),
f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09;
CWP 2-2015, f. & cert. ef. 1-1-15; CWP 8-2015(Temp), f. & cert. ef. 2-5-15
thru 8-3-15; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0135
Provider Eligibility
(1) Personal care services may be provided
only by a qualified provider.
(2) The contract registered
nurse or the Personal Care Nurse Coordinator 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 the contract registered nurse or Personal Care Nurse Coordinator
determines that the provider meets the definition of a qualified provider in OAR
413-090-0000.
(3) The qualified provider
must sign the personal care services plan with the Department and agree to provide
the personal care services to the child or young adult described in the personal
care services plan.
(4) The qualified provider
may be authorized to provide personal care services when the personal care services
assessment has been completed and the contract registered nurse or Personal Care
Nurse Coordinator has verified that the provider is a qualified provider.
Stat. Auth. ORS 409.050 & 418.005
Stats. Implemented: ORS 409.010,
418.005 & 418.015
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; CWP 2-2015, f. & cert. ef. 1-1-15
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 Nurse
Coordinator must develop a personal care services plan using the Department's Personal
Care Services Plan form.
(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 Nurse Coordinator and each qualified provider
providing services under the personal care services plan.
(3) If the contract registered
nurse or Personal Care Nurse Coordinator determines that the child or young adult
requires a delegated nursing task, the contract registered nurse or Personal Care
Nurse Coordinator must follow the requirements in Oregon State Board of Nursing
rules, 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.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 409.050
& 418.005
Stats. Implemented: ORS 409.010,
418.005 & 418.015
Hist.: CWP 11-2009(Temp),
f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09;
CWP 2-2015, f. & cert. ef. 1-1-15
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 Nurse
Coordinator 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 Nurse Coordinator must follow the process set forth in OAR
413-090-0133 when conducting a personal care services reassessment.
Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.010,
418.005 & 418.015
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;
CWP 2-2015, f. & cert. ef. 1-1-15
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 payment 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 calculated based on the number of days personal care services were
provided to the eligible child or young adult.
(3) Except as provided in
section (4) of this rule, payment for personal care services is authorized by the
Department when the personal care services assessment is completed and the contract
registered nurse or Personal Care Nurse Coordinator has verified that the provider
is a qualified provider.
(4) If the referral for a
personal care services assessment was delayed, the Personal Care Nurse Coordinator
may authorize payment before the assessment is completed when personal care services
were provided by a qualified provider and there is documentation of the child’s
or young adult’s personal care needs.
[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 409.050,
418.005
Stats. Implemented: ORS 409.010,
418.005, 418.015
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; CWP 2-2015, f. & cert. ef. 1-1-15; CWP 8-2015(Temp), f.
& cert. ef. 2-5-15 thru 8-3-15; CWP 13-2015, f. & cert. ef. 8-4-15
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 or the child or young
adult moves.
(2) Personal care services
payments are made to the qualified provider as described in OAR 413-190-0150 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 409.050 & 418.005
Stats. Implemented: ORS 409.010,
418.005 & 418.015
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; CWP 2-2015, f. & cert. ef. 1-1-15

Payments for Special and/or Extraordinary Needs

413-090-0300
Purpose
The purpose of OAR 413-090-0300 to 413-090-0380
is to describe how payments for special and/or extraordinary needs may be used to
benefit a child or young adult in the custody of the Department in foster care,
family and professional shelter care, residential group care, or non-reimbursed
placement such as SAIP and SCIP.
Stat. Authority: 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; CWP 13-2015, f. & cert.
ef. 8-4-15
413-090-0310
Definition
Definitions for OAR 413-090-0300 to
413-090-0380 are in OAR 413-090-0000.
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; CWP 13-2015, f. & cert.
ef. 8-4-15
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
The agency may pay for non medical transportation
not to exceed current Department mileage rates paid to Department staff. Reasonable
travel to the child's home for visitation is a Title IV E allowable expense. All
other transportation expenses are billed to General Fund:
(1) Visitation: When family
visitation is part of the service plan, the foster parent may be reimbursed for
providing transportation to and from visits. When the child or young adult is in
a residential care and treatment facility and the written treatment plan includes
visitation with parents or relatives, the cost of the visits are expected to be
shared by the Department, service provider, and child’s family. Negotiations
with the provider and the child’s family to determine Department cost are
made in advance of the visits.
(2) School: When the child
or young adult is in family foster care and the school district does not provide
transportation, the foster parents may be reimbursed for providing transportation
or for city bus passes when appropriate.
(3) In state transportation
by airline for children is approved only if the cost of the air fare does not exceed
all the actual costs of transportation by car.
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 13-2015, f. & cert. ef. 8-4-15
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
The purpose of OAR 413-090-0400 to 413-090-0430
is to describe when the Department will pay for funeral and burial or cremation
expenses for a child or young adult who dies while in the legal custody of the Department.
Stat. Authority: 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; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0405
Definitions
Definitions for OAR 413-090-0400 to
413-090-0430 are in OAR 413-090-0000.
Stat. Authority: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 11-2003, f. &
cert. ef. 1-7-03; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0410
Eligibility for Payment
Funeral and burial or cremation expenses
are only authorized for a child or young adult who is in the legal custody of the
Department at the time of death and all other resources for payment of expenses,
including parents, relatives, and guardians, have been explored.
Stat. Authority: 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; CWP 13-2015, f. & cert. ef. 8-4-15
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
The purpose of OAR 413-090-0500 to 413-090-0550
is to establish the conditions under which the Department may issue a standard legal
fees payment for the cost of providing direct client services in the establishment
of court appointed guardianship of children in the care and custody of the Department.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f.
& cert. ef. 9-14-98; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0510
Definitions
Definitions for OAR 413-090-0500 to
413-090-0550 are in OAR 413-090-0000.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f.
& cert. ef. 9-14-98; CWP 13-2015, f. & cert. ef. 8-4-15
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 eligible for client
legal services may choose a Department vendor attorney from the branch list or hire
a private attorney.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 17-1998, f.
& cert. ef. 9-14-98; CWP 13-2015, f. & cert. ef. 8-4-15
413-090-0540
Rate of Payment for Legal Services
(1) The Department will pay the costs of establishing uncontested guardianships at the Department'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 the Department'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 the Department'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

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us