Relative Involvement in Case Planning and Court Hearings
(1)The Department may involve a relative as a safety service provider after the assessment that determines the individual is a safe and appropriate resource for involvement in managing a child’s safety as required under Child Welfare Policy I-AB.7, “Assessment of an Individual as a Safety Service Provider”, OAR 413-015-1200 (Purpose) to 413-015-1230 (Safety Service Provider Approval).
(2)The Department must consider a family decision-making meeting as described in ORS 417.365 (“Family decision-making meeting” defined for ORS 417.365 to 417.375) and when the family decision-making meeting is held, the Department may include any family member as defined in ORS 417.371 (Notice to family members of meeting)(4)(a) or relative in this meeting under Child Welfare Policy I-B.3.1, “Developing and Managing the Case Plan”, OAR 413-040-0008 (Requirements for a Family Engagement Meeting).
(3)The Department must provide notice of a court hearing to:
(a)A relative who is currently providing substitute care for a child in the legal custody of the Department pursuant to juvenile court jurisdiction as set forth in ORS 419B.875 (Parties to proceedings)(6); and
(b)A grandparent of a child or young adult in the Department’s custody, as required by ORS 419B.875 (Parties to proceedings)(7). For purposes of this subsection, “grandparent” means the legal parent of the child or young adult’s legal parent, as defined in ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship).
(4)A relative who expresses to the Department an interest in a child has a right to provide information about the child’s background and to provide input on the safety, attachment, and permanency needs of the child.
(5)Unless an exception to contact is provided by the child welfare program manager or designee under Child Welfare Policy I-E.1.1, “Search for and Engagement of Relatives”, OAR 413-070-0072 (Contact with Relatives or Persons with a Caregiver Relationship)(1) or an order of a court, under 42 USC 671(a)(29) the Department must provide notice, within 30 calendar days after the removal of a child from the custody of the parent or parents of the child, to all grandparents and other adult relatives of the child known to the Department, that complies with all of the following subsections:
(a)Specifies that the child has been or is being removed from the custody of the parent or parents of the child;
(b)Explains options under federal and state law to participate in the care and placement of the child;
(c)Describes the requirements the individual must meet to become a relative caregiver and the services and supports available for a child placed with a relative caregiver under federal and state law; and
(d)Describes the eligibility criteria for and availability of Guardianship Assistance benefits when all Guardianship Assistance eligibility criteria are met under Child Welfare Policy I-E.3.6.2, “Guardianship Assistance”, OAR 413-070-0900 (Purpose) to 413-070-0974 (Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance).
(6)An exception to contact by the Child Welfare program manager or designee under Child Welfare Policy I-E.1.1, “Search for and Engagement of Relatives”, OAR 413-070-0072 (Contact with Relatives or Persons with a Caregiver Relationship)(1) does not relieve the Department of its obligation to provide notice of court hearings to grandparents under subsection (3)(b) of this rule.
Rule 413-010-0320 — Relative Involvement in Case Planning and Court Hearings,