OAR 413-010-0320
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.

Source: Rule 413-010-0320 — Relative Involvement in Case Planning and Court Hearings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0320.

413‑010‑0000
Definitions 413‑010‑0010
Purpose 413‑010‑0030
Protection of Information 413‑010‑0035
Prohibited Disclosures 413‑010‑0045
Mandatory Disclosure 413‑010‑0055
Mandatory Disclosure if in the Child’s Best Interest 413‑010‑0065
Discretionary Disclosure 413‑010‑0068
Disclosure of Information Exempt Under the Public Records Law 413‑010‑0075
Disclosure Procedures 413‑010‑0170
Purpose 413‑010‑0175
Definitions 413‑010‑0180
Rights of Children and Young Adults in the Legal Custody of the Department 413‑010‑0185
Department Responsibilities 413‑010‑0200
Purpose 413‑010‑0210
Department Responsibilities 413‑010‑0220
Interrogation/Polygraph 413‑010‑0230
Attorney Interview 413‑010‑0240
Other Interviews 413‑010‑0300
Purpose 413‑010‑0310
Definition 413‑010‑0320
Relative Involvement in Case Planning and Court Hearings 413‑010‑0330
Communication and Visitation 413‑010‑0340
Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives 413‑010‑0400
Purpose 413‑010‑0410
Definitions 413‑010‑0420
Right to Review 413‑010‑0430
Grievances Not Subject to These Rules 413‑010‑0440
Informal Complaint Review 413‑010‑0480
Judicial Review 413‑010‑0500
Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time 413‑010‑0502
Representation 413‑010‑0505
Hearing Requests 413‑010‑0510
Notice 413‑010‑0515
Continuation of Benefits 413‑010‑0520
Informal Conference 413‑010‑0525
Burden of Proof 413‑010‑0530
Withdrawals and Dismissals 413‑010‑0535
Proposed and Final Orders 413‑010‑0700
Purpose 413‑010‑0705
Definitions 413‑010‑0710
Required Forms 413‑010‑0714
Notice and Review when the Perpetrator is a Department Employee 413‑010‑0715
Providing Notice of a CPS Founded Disposition 413‑010‑0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile 413‑010‑0717
Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 413‑010‑0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice 413‑010‑0720
Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313) 413‑010‑0721
Making a Request for a Review of a CPS Founded Disposition 413‑010‑0722
Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) 413‑010‑0723
Providing a Notice of Legal Finding (Form CF 318) 413‑010‑0724
Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received 413‑010‑0732
Local Child Welfare Office Responsibilities Related to Notices and Reviews 413‑010‑0735
Local Child Welfare Office Review of CPS Founded Dispositions 413‑010‑0738
Notice of Local Child Welfare Office CPS Founded Disposition Review Decision 413‑010‑0740
Requesting a Central Office Review 413‑010‑0743
Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review 413‑010‑0745
Central Office Review of CPS Founded Dispositions 413‑010‑0746
Notice of Central Office CPS Founded Disposition Review Decision 413‑010‑0748
Review Initiated by the Department 413‑010‑0750
Revising Founded Abuse Dispositions in the Department’s Electronic Information System
Last Updated

Jun. 24, 2021

Rule 413-010-0320’s source at or​.us