Voluntary Custody Agreement
(1)Under a “Voluntary Custody Agreement”, the parent or legal guardian gives the Department the legal custody of the child. The Department assumes all parental and legal responsibilities that the agreement does not specifically reserve to the parents or legal guardians as permitted under ORS 418.015 (Custody and care of needy children by department) and becomes the child’s legal custodian.
(2)It is appropriate for the Department to place a child in substitute care and provide services if all of the following subsections apply:
(a)The parent or legal guardian requests the Department take custody of the child.
(b)The parent or legal guardian is immediately and temporarily unable to fulfill his or her parental responsibilities.
(c)This inability will be alleviated with short-term placement when one of the following conditions exists:
(A)The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult who is well known to the child.
(B)The parent or legal guardian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition.
(C)The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration in conjunction with intensive services is likely to reunite the family and reduce safety concerns.
(3)A Voluntary Custody Agreement is not appropriate when the Department’s Child Protective Services has determined, within the past 12 months, that the parent or legal guardian was the perpetrator of a founded disposition of child abuse or neglect or when the parent or legal guardian is unwilling to be a permanent resource for the child.
(4)If the Department knows or has reason to know that the child is an Indian child, the Department must comply with OAR 413-115-0050 (Notification to the Tribe of Placement or Change in Placement) and OAR 413-115-0090 (Placement of Indian Children).
(5)A Child Welfare Program Manager must approve entering into a Voluntary Custody Agreement.
Rule 413-020-0010 — Voluntary Custody Agreement,