The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF HUMAN SERVICES,
CHILD WELFARE PROGRAMS
DIVISION 30
CASE MANAGEMENT — PROGRAM ELIGIBILITY
Family Support Services
413-030-0000
Definitions
The following definitions apply to OAR
chapter 413, division 30:
(1) "APPLA" means Another
Planned Permanent Living Arrangement, a permanency plan for a stable secure living
arrangement for a child who has reached the age of 16 or young adult that includes
building relationships with significant people in the child or young adult's life
that may continue after substitute care. APPLA is the least preferred permanency
plan of the five permanency plans for a child or young adult and is appropriate
only after the permanency plans of reunification, adoption, guardianship, and placement
with a fit and willing relative have been determined not in the best interest of
a child or young adult.
(a) "Planned" means the arrangement
is intended, designed, and deliberate.
(b) "Permanent" means enduring
and stable.
(2) "Case plan" means a written,
goal-oriented, time-limited individualized plan for the child and the child's family,
developed by the Department and the parents or guardians, to achieve the child's
safety, permanency, and well-being.
(3) "Chafee housing" means
a payment to assist in covering the costs of room and board made to an eligible
individual between 18 and 20 years of age who was discharged from the care and custody
of the Department or one of the federally recognized tribes on or after reaching
18 years of age.
(4) "Child" means a person
under 18 years of age.
(5) "Department" means the
Department of Human Services, Child Welfare.
(6) "Expert evaluation" means
a written assessment prepared by a professional with specialized knowledge of a
particular subject matter such as physical health, psychological health, mental
health, sexual deviancy, substance abuse, and domestic violence. The assessment
provides information regarding an individual's functioning in the area of the professional's
specialized knowledge and when the expert is evaluating a parent or guardian, whether
the individual's functioning impacts his or her protective capacity.
(7) "Family support services
case plan" means a goal-oriented, time-limited, individualized plan for a child
and the child's family or a former foster child. The Department and the family or
former foster child jointly develop a "family support services case plan" that addresses
the service goals and the identified needs of the child and the child's family or
the former foster child.
(8) "Former foster child"
means a person under 21 years of age who was in substitute care at or after 16 years
of age, including substitute care provided by federally recognized tribes, and had
been in substitute care for at least 180 cumulative days after 14 years of age.
(9) "GED" means a General
Educational Development certificate issued pursuant to ORS 351.768.
(10) "Guardian" means an
individual who has been granted guardianship of a child through a judgment of the
court.
(11) "ILP" means the Independent
Living Program services provided by the Department to an eligible foster child or
former foster child.
(12) "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.
(13) "Legal custody" means
a legal relationship between a person, agency, or institution and a child that imposes
on the person, agency, or institution the duties and authority of the child's legal
custodian.
(14) "Parent" means the biological
or adoptive mother or the legal father of the child. A legal father is a man who
has adopted the child or whose paternity has been established or declared under
ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In cases involving
an Indian child under the Indian Child Welfare Act (ICWA), a legal father includes
a man who is a father under applicable tribal law. "Parent" also includes a putative
father who has demonstrated a direct and significant commitment to the child by
assuming or attempting to assume responsibilities normally associated with parenthood
unless a court finds that the putative father is not the legal father.
(15) "Permanency plan" means
a written course of action for achieving safe and lasting family resources for the
child or young adult. Although the plan may change as more information becomes available,
the goal is to develop safe and permanent resources with the parents, relatives,
or other people who may assume responsibility for the child or young adult during
the remaining years of dependency and be accessible and supportive to the child
in adulthood.
(16) "Registered domestic
partner" means an individual joined in a domestic partnership that is registered
by a county clerk in accordance with ORS 106.300 to 106.340.
(17) "Service Agreement"
means a written document between the Department and a parent, guardian, or former
foster child that identifies one or more of the service goals in a family support
services case plan, and the services and activities that are necessary for the parent,
guardian, or former foster child to achieve the goal.
(18) "Service goal" means
the observable, sustained change in behavior, condition, or circumstance that, when
accomplished, achieves the desired effect.
(19) "Short term services"
mean actions or activities that are limited in duration to a maximum of 180 days.
(20) "Sibling" means one
of two or more children or young adults who are related, or would be related but
for a termination or other disruption of parental rights, in one of the following
ways:
(a) By blood or adoption
through a common parent;
(b) Through the marriage
of the legal or biological parents of the children or young adults; or
(c) Through a legal or biological
parent who is the registered domestic partner of the legal or biological parent.
(21) "Substitute care" means
the out-of-home placement of a child or young adult who is in the legal or physical
custody and care of the Department.
(22) "Substitute caregiver"
means a relative caregiver, foster parent, or provider authorized to provide care
to a child or young adult in the legal or physical custody of the Department.
(23) "Young adult" means
a person aged 18 through 20 years.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. &
cert. ef. 1-15-13; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 22-2015, f. &
cert. ef. 10-6-15
413-030-0003
Purpose
The purpose of OAR 413-030-0003 to 413-030-0030
is to describe the responsibilities of the Department in providing family support
services, including:
(1) Eligibility criteria;
(2) Determination of service
needs;
(3) Development of the family
support services case plan;
(4) Development of Service
Agreements;
(5) Caseworker contact and
monitoring requirements; and
(6) Timelines for reviewing
progress.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 4-2007, f. &
cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. &
cert. ef. 10-1-15
413-030-0006
Eligibility For Family Support Services
(1) A parent, guardian, or former foster
child may be eligible for family support services if the requirements of one of
the following subsections are met:
(a) A parent or guardian
requests out-of-home placement of a child due solely to the emotional, behavioral,
or mental disorder or developmental or physical disability of the child, as described
in OAR 413-020-0060 to 413-020-0090.
(b) A parent or guardian
requests that the Department take temporary custody of a child due to conditions
described in OAR 413-020-0005 to 413-020-0050.
(c) A former foster child
eligible to receive Independent Living Program (ILP) services requests those services.
(d) A parent or guardian
requests post adoption or post legal guardianship services in connection with an
adoption or legal guardianship that occurred through the Department.
(e) A parent or guardian
requests assistance with a child in the home, and all of the following paragraphs
apply:
(A) Other community resources
have been utilized and determined to be ineffective.
(B) Members of the extended
family and other responsible adults who are well known to the child have been explored
or utilized and determined to be unsafe, unavailable, unwilling, or ineffective
as support for the family.
(C) The parent or guardian
is temporarily or will be temporarily unable to fulfill parental responsibilities
due to a diagnosed medical or mental health condition.
(D) The inability of the
parent or guardian to fulfill parental responsibilities is temporary and immediate;
and will be alleviated with short term services or short term services will transition
the family to community services.
(E) A Child Welfare program
manager approves the request for voluntary services.
(2) Service eligibility requires
the full and ongoing cooperation of the parent, guardian, or former foster child
in:
(a) The determination of
need;
(b) The preparation of the
family support services case plan; and
(c) The monitoring of the
family support services case plan.
(3) If the Department determines
that funds for family support services are unavailable, the Department will not
provide services for those who are eligible for services under subsection (1)(e)
of this rule.
(4) The Department must provide
family support services when a court has ordered the Department to provide services
to a pre-adjudicated delinquent.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; Renumbered from 413-030-0020, CWP 4-2007, f. & cert. ef.
3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. & cert. ef.
10-1-15
413-030-0009
Determination of the Service Needs
(1) Within 30 days of receiving the
family support services screening information, the caseworker must determine the
service needs by completing the following actions:
(a) Provide the parent, guardian,
or former foster child with a Service Application.
(b) Initiate the process
to determine the child's ICWA status and notify the Indian child's tribe if ICWA
applies. To initiate this process, the caseworker must:
(A) Complete a form CF 1270,
Verification of ICWA Eligibility, to assist in determining ICWA eligibility.
(B) Contact the child's tribe
when an Indian child's family is requesting placement of the child per the requirements
of OAR 413-070-0160(1).
(C) Consult with the local
Child Welfare ICWA liaison or a supervisor if the caseworker has questions regarding
the involvement of a tribe or the ICWA status of the child.
(c) Within five working days
of receipt of the case, confirm there is no current reported safety threat to the
child by reviewing the screening information and the child welfare case records
for all family members living in the household.
(d) Within ten working days
of receipt of the case, make initial face-to-face contact with the parent, guardian,
or former foster child to assess current behaviors, conditions, and circumstances
in the family and gather specific information on the needs of the parent, guardian,
or former foster child.
(e) Within ten working days
of receipt of the case, when the child is in the home of the parent or guardian,
make initial face-to-face contact with the child to assess the identified needs
of the child.
(f) When the child is in
substitute care, make monthly face-to-face contact as required under OAR 413-080-0054.
(g) To determine service
needs, the caseworker must, at a minimum, observe:
(A) The parent, guardian,
or former foster child in the home environment;
(B) The child or former foster
child in his or her home or substitute care placement; and
(C) The interactions between
family members.
(h) Obtain from the parent,
guardian, or former foster child the names of persons who can provide additional
information on the needs of the child, former foster child, or the family, when
appropriate.
(i) Ask the parent, guardian,
or former foster child to sign an authorization to release information to enable
the Department to obtain additional information from physicians, mental health providers,
school employees, or other service and treatment providers, when appropriate.
(j) After obtaining the authorization
to release information, contact service and treatment providers, when appropriate,
to understand the past and current services and treatment of the family and the
child or former foster child.
(k) Obtain expert evaluations
when appropriate to determine specific service or treatment needs when a condition
or behavior requires additional professional information regarding a person's functioning.
(l) Analyze the behaviors,
conditions, and circumstances of the family to determine service or treatment needs
based upon information gathered from the activities in subsections (a) to (k) of
this section.
(m) Document the findings
of the activities in subsections (a) to (k) of this section in the Department's
electronic information system.
(2) The caseworker must use
the information and determination of service and treatment needs to develop an individualized
family support services case plan that addresses the specific identified needs:
(a) The caseworker must also
refer to OAR 413-070-0100 to 413-070-0260 if the child is an Indian child.
(b) When a family is eligible
for out-of-home placement due to the child's special needs or placement is ordered
through the court, the caseworker must also refer to OAR 413-070-0600 to 413-070-0645,
413-020-0060 to 413-020-0090, 413-070-0100 to 413-070-0260 if the child is an Indian
child, and OAR 413-080-0040 to 413-080-0067.
(c) When a former foster
child requests ILP services, the caseworker must also refer to OAR 413-030-0400
to 413-030-0460 and OAR 413-070-0100 to 413-070-0260 if the child is an Indian child.
(d) When a family requests
that the Department take voluntary custody of the child, the caseworker must also
refer to OAR 413-070-0600 to 413-070-0645, 413-020-0005 to 413-020-0050, 413-070-0100
to 413-070-0260 if the child is an Indian child, and 413-080-0040 to 413-080-0067.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.312
Hist.: CWP 4-2007, f. &
cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. &
cert. ef. 10-1-15
413-030-0013
Requirements when Obtaining Medical, Psychological, or Psychiatric Evaluations
(1) The caseworker
may secure an expert evaluation of the parent, guardian, or child, when appropriate,
to determine treatment or service needs or to assist in assessing child safety when
there is a specific condition or behavior that requires additional professional
information regarding a person's functioning. Examples include, but are not limited
to:
(a) The parent,
guardian, or child is displaying unusual or bizarre behaviors that are indicative
of emotional or behavioral problems;
(b) Physical
illness, physical disability, or mental illness;
(c) Suicidal
ideation; or
(d) Homicidal
ideation.
(2) The caseworker
must obtain the consent of the parent or guardian prior to arranging an expert evaluation
of the parent or guardian.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: CWP
4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13
413-030-0016
Requirements
for the Family Support Services Case Plan
(1) The caseworker
must analyze the information gathered during the determination of service needs
to develop a family support services case plan. The family support services case
plan must include all of the following information:
(a) Family
composition, which includes identifying information for --
(A) Each
parent or guardian, and the children of the parent or guardian; or
(B) The former
foster child who is 18 years or older and his or her child, if the former foster
child is parenting a child.
(b) Conditions
identified in the screening or intake referral information.
(c) Determination
of service need.
(d) Service
goals and activities.
(e) Services,
related to a child in substitute care, which include:
(A) Placement
information;
(B) Routine
and specialized medical, dental, and mental health services;
(C) Education
services, including the child's school and any special educational needs; and
(D) A plan
for visitation and contact with the parents or guardians.
(f) Services
the Department will provide, including:
(A) Case
oversight and routine contact with the parent or guardian and the child or the former
foster child.
(B) When
the court has ordered the Department to provide services to a pre-adjudicated delinquent,
routine contact with juvenile department staff, parents or guardians, and the child.
(C) When
the child is in substitute care, arranging visitation for the parents or guardians
and the child.
(D) Timely
referral, access to, and use of culturally appropriate services and service providers
to address the identified needs, to the extent that resources are available.
(E) Timely
preparation of reports to the court or other service providers that may be required.
(g) A statement
of the conditions for which the Department will close the family support services
case.
(h) Review
date. The family support services case plan is reviewed with the parent, guardian,
or former foster child every 90 days; however, the caseworker and the parent, guardian,
or former foster child may agree on a review date at any time within the 90-day
period.
(2) The persons
involved with the Department in the development of the family support services case
plan must include the former foster child or the parent or guardian; and may include
the child, other relatives, substitute caregiver, and other professionals, as appropriate.
(3) The family
support services case plan must include the signature of the caseworker and each
parent, guardian, or former foster child.
(4) Approval
and distribution of the family support services case plan.
(a) The Child
Welfare supervisor must approve and sign the family support services case plan.
(b) The caseworker
must give a copy of the family support services case plan to the parents, guardians,
or former foster child as soon as possible but no later than seven days after the
family support services case plan is approved by the supervisor.
(5) Timeline
for family support services case plan development.
(a) Except
as provided in subsection (b) of this section, the caseworker must develop the family
support services case plan within 30 days of the completion of the determination
of service needs.
(b) The supervisor
may authorize an extension of the time for developing the family support services
case plan when information essential to the development of the family support services
case plan is not yet available due to circumstances beyond the control of the Department.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: CWP
4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13
413-030-0019
Developing
Service Agreements
(1) The caseworker
may develop a Service Agreement with a parent, guardian, or former foster child
with a family support services case plan. The Service Agreement is a time-limited
agreement that documents the services and action steps that will occur under the
agreement.
(2) When
used, the Service Agreement must include all of the following:
(a) One of
the service goals in the family support services case plan.
(b) Specific
activities or services that will occur to achieve the service goal.
(c) Participants
and responsibilities.
(d) Anticipated
start and completion dates.
(e) Treatment
services for the child or former foster child (if applicable).
(f) Method
of measuring progress.
(g) Timeline
for review.
(3) The caseworker
must give a copy of the Service Agreement to the parents, guardians, or former foster
child no later than seven days after the agreement is signed.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: CWP
4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13
413-030-0023
Contact and Monitoring Requirements for a Family Support Services Case Plan
(1) The caseworker
must monitor the family support services case plan and terminate Department involvement
in a timely manner.
(2) The caseworker
is responsible for all of the following actions:
(a) Monthly
face-to-face contact and communication with each parent, guardian, or former foster
child about progress toward achieving service goals unless an exception to parent
or guardian contact as described in OAR 413-080-0054(3)(b) is approved.
(b) Monthly
face-to-face contact with the child required under OAR 413-080-0054.
(c) Regular
contact with service providers a minimum of once every 90 days, including monitoring
the services provided through the family support services case plan.
(d) Monitoring
the visitation and contact plan when the child is in substitute care.
(e) Monitoring
progress toward achieving service goals.
(f) Ensuring
completion of the actions and activities that are the responsibility of the Department.
(g) Timely
response to issues that may impact the safety of the child that become known to
the caseworker.
(3) The caseworker
must document in the Department's electronic information system:
(a) Observations
made by the caseworker during each visit, and behaviors, conditions, or circumstances
of the family or former foster child that support the continuation of the family
support services case plan; and
(b) Reports
from each service provider on progress of the family, child, or former foster child
in meeting the service goals of the family support services case plan.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: CWP
4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13
413-030-0026
Family Support
Services Case Plan Review
(1) The family support
services case plan must be reviewed a minimum of every 90 days. This review must
take place in a face-to-face meeting with the parents, guardians, or former foster
child. The meeting may include the child, service providers, attorneys, family members,
and the substitute caregiver when the child is in substitute care.
(2) During
the case plan review, the caseworker assesses and determines the progress that has
been made in achieving the service goals of the case plan.
(3) If a
parent, guardian, or former foster child is not available for the review, the reason
must be documented in the Department's electronic information system.
(4) Within
30 calendar days of receiving an expert evaluation requested by the Department,
the caseworker must consider revising the family support services case plan to include
the recommendations of the expert evaluation. If the caseworker does not implement
the recommendations of the expert evaluation, the caseworker must document the reasons
for not implementing the recommendations.
(5) Subsequent
to the face-to-face meeting, the caseworker documents all of the following in the
Department's electronic information system:
(a) The services
currently provided and the progress of the parents, guardians, or former foster
child in achieving service goals.
(b) Observations
of improved behaviors, conditions, or circumstances that have measurably changed.
(c) Written
or verbal reports from the child, service providers, attorneys, family members,
and the substitute caregiver when the child is in substitute care regarding services
currently provided and the progress of the parent, guardian, or former foster child
in achieving service goals.
(6) The Child
Welfare supervisor approves and documents approval of the family support services
case plan review.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: CWP
4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert. ef. 1-15-13
413-030-0030
Closing a
Family Support Services Case Plan
The caseworker closes
a family support services case plan when:
(1) The parent,
guardian, former foster child, or the Department indicates the service objectives
have been achieved;
(2) The parent,
guardian, or former foster child states that he or she is withdrawing the request
for voluntary family support services;
(3) The caseworker
has unsuccessfully attempted to contact the parent, guardian, or former foster child,
after diligent efforts, as documented in the Department's electronic information
system;
(4) The Department,
the parent, guardian, or former foster child determines that the family support
services case plan is no longer appropriate or effective;
(5) The child,
who had been voluntarily placed in substitute care because a parent or guardian
had requested voluntary placement of the child, has returned to the home;
(6) The court
dismisses a pre-adjudicated delinquent child from Department custody; or
(7) Another
community service resource accepts responsibility for providing services to the
child, former foster child, or family.
Stat. Auth.: ORS
409.050, 418.005
Stats. Implemented:
ORS 418.005
Hist.: SCF
6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 4-2007, f. & cert. ef. 3-20-07;
CWP 1-2013, f. & cert. ef. 1-15-13
Substitute Care Eligibility
413-030-0200
Purpose
(1) The purpose of OAR 413-030-0200
to 413-030-0220 is to emphasize that the child’s safety is the paramount concern
in determining substitute care eligibility.
(2) The Department is responsible
for determining if a child in the legal custody of the Department will be placed
or continued in substitute care placement in accordance with statutes, administrative
rules, agency procedures, and placement practice guidelines. OAR 413-030-0200 to
413-030-0220 specify the minimum criteria for the substitute care classification
and placement under any type of substitute care program licensed or certified by
the Department. Additional criteria are outlined in rules for specific substitute
care programs.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.015 – 418.315, 419B.331 419B.349
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; CWP 4-2003, f. &
cert. ef. 1-7-03; CWP 19-2015, f. & cert. ef. 10-1-15
413-030-0210
Eligibility Criteria for Substitute Care Placement
For a child to be eligible for initial
and continuing substitute care, the Department must meet the following criteria:
(1) Legal Basis. The Department
must have a current legal basis for placement:
(a) Temporary custody under
ORS 419B.165;
(b) Legal custody of the
child through a juvenile court order;
(c) A voluntary custody agreement
in accordance with OAR 413-020-0005 to 413-020-0005;
(d) A voluntary placement
agreement in accordance with OAR 413-020-0060 413-020-0090;
(e) Permanent custody based
on a permanent commitment or release and surrender agreement of a parent; or
(f) Verification that the
child is an unaccompanied refugee minor.
(2) The child must be under
18 years of age at the time the child is placed in the legal custody of the Department
and placement services are first initiated.
(3) Reasonable Efforts. Except
in those cases with a Voluntary Custody Agreement or Voluntary Placement Agreement,
the Department will make reasonable efforts to prevent or eliminate the need for
removal of the child and to alleviate the barriers that keep the child from returning
home. This includes an assessment of appropriate treatment and supportive services
and providing such services when available through the Department or by referral
to other community resources. To aid the court or Citizen Review Board (CRB) in
making the findings required by this section, the Department shall present documentation
to the court or CRB showing its reasonable efforts or, if the Indian Child Welfare
Act applies, active efforts to prevent or eliminate the need for removal of the
child and services provided to safely return the child to the home. The department
shall seek a reasonable efforts judicial determination within 60 days of a child’s
removal from the home, or a determination that due to aggravated circumstances reasonable
efforts were not required to prevent the child’s removal from the home. If
the court does not make the reasonable efforts determination within 60 days, the
child is not be eligible for Title IV-E foster care maintenance payments program
throughout the duration of that child’s stay in substitute care. Refer to
OAR 413-100-0240.
(4) The child requires substitute
care placement because there is no parent or guardian available and able to provide
safe care for the child even with the assistance of available supportive resources,
and no relative is willing and appropriate to assume full responsibility for the
child.
(5) Placement is needed for
one of the following reasons:
(a) The parent or guardian
is not available to care for the child due to death, abandonment, desertion, incarceration,
institutionalization, or catastrophic illness;
(b) The child is at significant
risk of abuse or neglect;
(c) The child is in the permanent
custody of the Department for adoption planning;
(d) The child has a severe
disabling condition requiring skilled care that the family cannot provide even with
the assistance of community resources but the Department can provide the care the
child requires in an available substitute care resource; or
(e) The child's behavior
is a serious danger to the child, the child's family, or the community but the child
can, without threat to self or others, be managed in an available and appropriate
substitute care resource.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.015 – 418.315, 419B.331 – 419B.349
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; SOSCF 17-2000, f.
& cert. ef. 7-25-00; SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 4-2003,
f. & cert. ef. 1-7-03; CWP 19-2015, f. & cert. ef. 10-1-15
413-030-0220
Eligibility After Age 18
(1) Eligibility for substitute care
services ends at age 18 unless the person continues to meet both the eligibility
criteria outlined in OAR 413 030 0210 and this rule. Under the following conditions
the Department may continue to provide placement services up to the maximum age
of 21 years if the person is:
(a) Actively striving to
complete the requirements for high school graduation and achieving satisfactorily
in a full time program of high school attendance, GED classes, or a combination
of classes and employment;
(b) Enrolled in a special
education program as called for in an Individual Educational Plan (IEP);
(c) An unaccompanied refugee
minor; or
(d) The person's situation
has been reviewed and approved in writing for an exception to these rules by the
District Manager or designee.
(2) The Department may not
provide substitute care services after the youth’s 21st birthday.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
418.015 – 418.315, 419B.331 – 419B.349
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; SOSCF 17-2000, f.
& cert. ef. 7-25-00; SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 4-2003,
f. & cert. ef. 1-7-03; CWP 19-2015, f. & cert. ef. 10-1-15
Adoption Program Eligibility
413-030-0300
Purpose
The purpose of OAR 413-030-0300 to 413-030-0320
is to describe the eligibility criteria for the program classification of adoption.
The adoption program classification is used to describe the services provided to
a child placed in an approved adoptive home for the purpose of adoption. This includes
agency adoptive placements and courtesy placement supervision of a child placed
in Oregon by an out of state adoption agency.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
– 109.310, 418.005, 418.270 – 418.285
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 19-2015, f.
& cert. ef. 10-1-15
413-030-0310
Eligibility for Adoption Program
To be eligible for the program classification
of adoption, a child must be in a living situation that is officially considered
an adoptive placement. The following are considered eligible for the program classification:
(1) Children fully free for
adoption and placed in an approved adoptive home are classified as adoption from
the time the placement is approved until the adoption is completed or disrupted.
(2) Children receiving courtesy
supervision for an adoptive placement initiated in another state through the Interstate
Compact.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
– 109.310, 418.005, 418.270 – 418.285
Hist.: SCF 6-1995, f. 12-22-95,
cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 19-2015, f.
& cert. ef. 10-1-15
413-030-0320
Eligibility for the Adoption Program Classification Ends
Eligibility for the adoption program classification ends when:
(1) SOSCF gives consent for adoption of a child in SOSCF's permanent custody, and the adoption is legalized;
(2) The child is removed from an approved adoptive placement;
(3) The adoptive applicants or SOSCF decides an adoption will not be legalized even though the child is not removed from the home; and
(4) When supervision of an adoptive placement provided as a courtesy service for an adoption agency in another state is no longer needed.
Stat Auth: ORS 418.005
Stats. Implemented: ORS 109.305-310 & 418.270 - 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-2001, f. 6-29-01, cert. ef. 7-1-01
Youth Transitions
413-030-0400
Purpose
The purpose of these rules, OAR 413-030-0400 to 413-030-0460, is to describe the responsibilities of the Department for comprehensive transition planning with and providing services to a child or young adult to:
(1) Obtain personal and emotional support and promote healthy relationships that can be maintained into adulthood;
(2) Develop the personal life management skills necessary to function independently;
(3) Receive education, training, and services necessary to lead to employment;
(4) Attain academic or vocational education and prepare for post-secondary education or training;
(5) Gain experience in taking responsibility and exercising decision-making control; and
(6) Transition to living independently.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.475, 419B.343, 419B.476(3)
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 16-2009, f. & cert. ef. 11-3-09
413-030-0410
Eligibility for Youth Transition
Services
A child or young adult must meet the
following eligibility criteria for youth transition services, however a child or
young adult enrolled in an Oregon youth transition service prior to September 1,
2009 is eligible to continue to receive that service until the child or young adult
has achieved independence, reaches 21 years of age, or otherwise is no longer eligible
for the specific service.
(1) Life skills training.
(a) A child 14 years of age
or older who is in substitute care through the Department or one of the nine federally
recognized Oregon tribes; or
(b) A former foster child.
(2) Independent living housing
subsidy.
(a) The child or young adult
must meet all of the following requirements:
(A) Be 16 years of age or
older.
(B) Be in the care and custody
of the Department.
(C) Be engaged in 40 hours
of productive time per week, including a combined total of 25 hours or more of work
or education activities and up to 15 hours of flexible time. Examples include, but
are not limited to, volunteer activity, school sports, clubs, or counseling.
(D) Have had at least one
prior substitute care placement.
(E) Have the approval of
the court to participate in the independent living housing subsidy service.
(b) If a high school diploma
has not been achieved, the child or young adult must be working actively to achieve
a high school diploma or GED.
(c) The child or young adult
must be enrolled concurrently in skill building services.
(d) The child or young adult
may not live with any of his or her parents.
(3) Chafee housing.
(a) To be eligible for Chafee
housing an individual must meet all of the following requirements:
(A) Be 18 years of age or
older but not yet 21 years of age.
(B) Have been discharged
from the care and custody of the Department or one of the federally recognized tribes
on or after reaching 18 years of age.
(C) Be engaged in 40 hours
of productive time per week, including a combined total of 25 hours or more of work
and education activities.
(D) Have at least four hours
of paid employment per week.
(b) If a high school diploma
has not been achieved, the individual must be working actively to achieve a high
school diploma or GED.
(c) The individual must be
enrolled in skill building services.
(d) The individual may not
live with any of his or her parents.
(e) The individual may not
be eligible for Chafee housing when receiving an education and training grant.
(4) Education and training
grant.
(a) To be eligible for an
education and training grant the child or young adult must:
(A) Be 14 years of age or
older and currently in substitute care through the Department or one of the federally
recognized tribes; or
(B) Have been dismissed from
substitute care after reaching 16 years of age and had 180 or more cumulative days
of substitute care.
(b) The child or young adult
initially must receive the grant prior to reaching 21 years of age.
(c) If the child or young
adult is receiving the grant upon reaching 21 years of age, he or she may continue
to receive the grant until he or she reaches 23 years of age.
(d) The child or young adult
may not be eligible for an education and training grant when receiving Chafee housing.
(5) Youth Transition Discretionary
Funds. A child or young adult must be eligible for and receiving skill building
services as a prerequisite to eligibility for discretionary fund resources.
(6) Services that may be
utilized in the transition to independent living, as appropriate and available,
when the child or young adult meets all other eligibility requirements, include,
but are not limited to:
(a) Flex funds as described
in Child Welfare Policy I-E.5.4, "Flex Fund";
(b) Payments made for special
or extraordinary needs as described in OAR 413-090-0300 to 413-090-0380;
(c) Housekeeping services
as described in OAR 413-050-0000 to 413-050-0050;
(d) Supportive or remedial
day care as described in OAR 413-050-0200 to 413-050-0280;
(e) Other resources provided
through the Department of Human Services such as Supplemental Nutrition Assistance
Program and Temporary Assistance for Needy Families program benefits, vocational
rehabilitation, teen pregnancy prevention, Aging and People with Disabilities, or
the Office of Developmental Disabilities Services; and
(f) Other state or community
health care programs.
(7) The ILP Coordinator may
approve an exception to the eligibility requirements of sections (2), (3), or (4)
of this rule when there is a time-limited plan for meeting requirements for eligibility
and written documentation why the exception is necessary for the child or young
adult to achieve his or her comprehensive transition plan.
[ED. NOTE: Matrix referenced is not included in rule text. Click here for PDF of Matrix.]
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.475
Hist.: SOSCF 1-2002, f. &
cert. ef. 1-22-02; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP
16-2009, f. & cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP
19-2015, f. & cert. ef. 10-1-15
413-030-0430
Youth Transition Services Array
The range of services available through the Department to an eligible child or young adult transitioning to independent living includes:
(1) Skill building services, which may include the following:
(a) Instruction in basic living skills such as money management, home management, consumer skills, legal issues, parenting, health care, access to community resources, employment readiness, transportation, educational assistance, and housing options;
(b) Educational and vocational training support such as high school diploma or GED preparation, post-secondary education and academic support, job readiness, and job search assistance and placement programs;
(c) Training, workshops and conferences, individual and group skills building for improved self-esteem and self-confidence, and interpersonal and social skills training and development; and
(d) Development of community networks and supports to transition successfully to adulthood.
(2) The independent living housing subsidy.
(3) Chafee housing.
(4) Education and training grants to provide assistance with the costs of a post-secondary education or training program.
(5) Youth Transition discretionary funds to provide limited financial assistance in meeting the transition to adulthood.
Stat Auth: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 1-2002, f. & cert. ef. 1-22-02; CWP 16-2009, f. & cert. ef. 11-3-09
413-030-0445
Development of the Comprehensive Transition Plan
(1) Development of the comprehensive
transition plan. The Department must initiate the development of the comprehensive
transition plan for a:
(a) Child 14 years of age
or older and in substitute care or a young adult; or
(b) Former foster child who
requests services as described in OAR 413-030-0003 to 413-030-0030 and would benefit
from a comprehensive transition plan.
(2) The Department must ensure
the comprehensive transition plan includes:
(a) The completion of a life
skills assessment, which includes:
(A) Assessment of the skills
and readiness of the child or young adult through interviews with substitute caregiver,
parent or guardian, and any other significant adult; and
(B) Completion of a written
independent living assessment in the format required by the Department.
(b) The written life skills
assessment must include a description of:
(A) The strengths of the
child or young adult; and
(B) His or her need for ongoing
skill development in the following ability areas:
(i) Interaction with and
connection to adults who can assist in the transition to independent living;
(ii) Transition successfully
to independent living;
(iii) Engagement in educational
and vocational interests;
(iv) Management of his or
her physical and mental health; and
(v) Achievement of residential
stability.
(3) After completing the
activities in section (2) of this rule, the Department must convene a planning meeting
to develop the comprehensive transition plan. The Department must:
(a) Ensure the child or young
adult plays a central role in planning for and participating in the meeting, when
developmentally appropriate;
(b) Involve the child or
young adult in determining who may participate in the planning meeting which may
include a parent or guardian, substitute caregiver, service providers, a court appointed
special advocate, representative of a tribe, the attorney for the child or young
adult or other adults important to the child or young adult;
(c) At the option of the
child or young adult, involve the two additional members of the case planning team
chosen by the child or young adult as described in OAR 413-040-0010(3)(c); and
(d) If the child or young
adult makes the request, include any additional members the child or young adult
would like to add to his or her comprehensive youth transition planning meeting
when it is determined to be in the best interest of the child or young adult.
(4) The comprehensive transition
plan must identify goals and services in each of the following domains:
(a) Education;
(b) Employment;
(c) Health;
(d) Housing;
(e) Life skills;
(f) Supportive relationships;
(g) Community connections;
and
(h) Transportation.
(5) The child age 14 or older,
young adult, or former foster child must agree to the comprehensive transition plan
and the plan is signed by each person who participated in the planning meeting.
(6) A Department supervisor
must review and acknowledge the completion of the comprehensive transition plan
in the Department's information system.
(7) When a child is placed
in another state through the Interstate Compact on the Placement of Children (ICPC),
and the Department is unable to complete the comprehensive transition planning process
as described in this rule, the Department remains responsible for working with the
receiving state and with the child in developing a comprehensive transition plan.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.475, 419B.343, 419B.476
Hist.: SOSCF 1-2002, f. &
cert. ef. 1-22-02; SOSCF 8-2002, f. & cert. ef. 5-6-02; CWP 10-2009(Temp), f.
& cert. ef. 9-1-09 thru 12-28-09; CWP 16-2009, f. & cert. ef. 11-3-09; CWP
1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. & cert. ef. 10-1-15
413-030-0449
Review of the Comprehensive Transition Plan
(1) The caseworker must monitor the
implementation of the comprehensive transition plan and make reasonable efforts
to ensure timely and appropriate services identified in the comprehensive transition
plan are made available.
(2) The caseworker is responsible
for regular review of the goals and services of the comprehensive transition plan
during the following contacts:
(a) Monthly face-to-face
contacts as required under OAR 413-080-0054; and
(b) The 90-day case plan
review required under OAR 413-040-0016.
(3) Subsequent to the review
of the comprehensive transition plan under subsection (2)(b) of this rule, the caseworker
must document in the Department's information system:
(a) The progress in achieving
the comprehensive transition plan goals;
(b) Any barriers and plans
to address the barriers;
(c) Any changes in the comprehensive
transition plan; and
(d) Notification to service
providers of changes to the comprehensive transition plan.
(4) The supervisor must review
and approve the documentation of the comprehensive transition plan review as a part
of the required case plan review.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.475, 419B.343, 419B.476
Hist.: CWP 16-2009, f. &
cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. &
cert. ef. 10-1-15
413-030-0454
Benchmark Review of the Comprehensive
Transition Plan
(1) For a child with a comprehensive
transition plan the caseworker must convene a meeting for the purpose of a benchmark
review of the comprehensive transition plan six months prior to the child reaching
18 years of age.
(a) The meeting must include
the child, unless the child developmentally is unable to participate, and may include
a parent or guardian of the child, substitute caregiver, court appointed special
advocate, the attorney for the child, service providers, and others the child determines
are important to the meeting including, at the option of the child, the two additional
members of the case planning team chosen by the child as described in OAR 413-040-0010(3)(c).
(b) The child plays a central
role in the meeting appropriate with his or her developmental ability.
(c) At the meeting, the following
are determined:
(A) Agreement on the person
with decision-making authority for education services for the child after the child
reaches 18 years of age;
(B) Arrangement of sustainable
housing, including periods of time the child or young adult may be on break from
college or other residential academic or vocational program after the child reaches
18 years of age;
(C) Identification of persons
who may provide supportive relationships to the child after the child reaches 18
years of age;
(D) Identification of community
resources available for the special or unique needs of the child after the child
reaches 18 years of age;
(E) A plan for the employment,
continued academic or vocational education, or specialized training of the child
after the child reaches 18 years of age;
(F) Agreement on the person
with decision-making authority for health and mental health services for the child
and identification of health, mental health, and dental providers for the child
after the child reaches 18 years of age; and
(G) The plan to meet life
skill development needs of the child by the time the child reaches 18 years of age.
(d) The caseworker must document
the determinations made under subsection (c) of this section and the documentation
must be signed by the child, when developmentally able to do so, and the caseworker,
and may be signed by other persons attending the meeting.
(2) The caseworker's supervisor
must review and acknowledge the completion of the benchmark review of the comprehensive
transition plan in the Department's information system.
(3) The caseworker must provide
a copy of the comprehensive transition plan, including the documentation of the
determinations made during the benchmark review of the comprehensive transition
plan, to the court at the next scheduled permanency hearing.
(4) Within 90 days prior
to the child’s 18th birthday, the caseworker must review the determinations
and plans made during the Benchmark Review with the child and, if identified, the
two additional members of the case planning team chosen by the child as described
in OAR 413-040-0010(3)(c). The caseworker reviews the progress made to date and
makes any necessary adjustments to the plan.
(5) The caseworker’s
supervisor must review and acknowledge the completion of the Benchmark Review of
the comprehensive transition plan in the Department’s electronic information
system.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005,
419B.343 & 419B.476
Hist.: CWP 16-2009, f. &
cert. ef. 11-3-09; CWP 1-2013, f. & cert. ef. 1-15-13; CWP 19-2015, f. &
cert. ef. 10-1-15
413-030-0456
Health Care Notifications, Credit
Reports, and Data Tracking
(1) The Department must notify any young
adult over 17 years, six months of age in the care or custody of the Department
of the following information regarding health care treatment:
(a) The importance of designating
another individual to make health care treatment decisions on his or her behalf
if he or she becomes unable to participate in such decisions and does not have or
does not want a relative who is otherwise authorized under state law to make such
decision; and
(b) The option to execute
a health care power of attorney, health care proxy, or other similar document recognized
under state law.
(2) The Department must ensure
any child 14 years of age or older and in the care or custody of the Department:
(a) Annually receives a copy
of a consumer credit report when one exists; and
(b) Receives some assistance
in interpreting the credit report and resolving any inaccuracies in that report.
(3) National Youth in Transition
Database (NYTD) Requirements. Beginning October 2010, the Department must collect
and track independent living type services and outcome data as follows:
(a) Served population: The
Department will report all independent living type services paid for or provided
by the Department during the six month reporting periods under the NYTD timelines.
(b) Baseline population:
The Department will report outcome data by conducting a survey with every child
17 years of age in the care or custody of the Department; and
(c) Follow up populations:
The Department will report outcome data by conducting follow up surveys of the young
adults surveyed under subsection (b) of this section at ages 19 and 21.
Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010,
418.005, 418.475, 419B.343, 419B.476
Hist.: CWP 1-2013, f. &
cert. ef. 1-15-13; CWP 19-2015, f. & cert. ef. 10-1-15
413-030-0460
Requirements at Independence
(1) At least 60 days prior to the date
on which the Department is requesting relief of legal custody of a child or young
adult reaching independence, the Department must inform the child or young adult
of:
(a) The date, time, and location
of the hearing;
(b) The right to attend the
hearing, and the importance of attending; and
(c) The right to request
assistance with transportation to and from the hearing.
(2) When the court relieves
the Department of the custody of the child or young adult reaching independence,
the Department must provide the child or young adult with the following written
records:
(a) Unless the release is
prohibited by law or the law requires the child or young adult to make a specific
request for the records under ORS 432.250 and ORS 109.425 to 109.507, information
concerning the case of the child or young adult, including family and placement
history, location and status of each sibling, and contact information the child
or young adult may use to seek additional information about his or her case or family
history.
(b) Health and education
records, including:
(A) Health and immunization
records;
(B) Educational summary and
records; and
(C) Information on how to
identify a Health Care Representative, complete an Oregon Advance Directive, and
complete the Former Foster Care Youth Medical Referral Form.
(c) A copy of each of the
following, and documentation that each has been provided to the child or young adult
in official form:
(A) The birth certificate
of the child or young adult.
(B) Official proof of the
citizenship or residence status of the child or young adult in a form acceptable
to an employer required to verify immigration status.
(C) The social security card,
or a copy of the original, of the child or young adult.
(D) A driver's license or
another form of state identification, or a copy of the original, of the child or
young adult;
(E) Where applicable, a death
certificate of a parent of the child or young adult.
(F) Written verification
of placement in substitute care through the Department or one of the federally recognized
tribes of the child or young adult when 14 years of age or older and 18 years of
age and younger.
(G) The child or young adult’s
credit report.
(3) When the Department is
unable to provide the documentation and information described in section (2) of
this rule prior to the court order by which the Department is relieved of legal
custody of the child or young adult, the Department must prepare the written records
and either deliver them to the child or young adult or, when the whereabouts of
the child or young adult are unknown, retain the records in the case file of the
child or young adult until requested by the child or young adult.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 16-2009, f. &
cert. ef. 11-3-09; CWP 19-2015, f. & cert. ef. 10-1-15
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.
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