OAR 413-020-0010
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.

Source: Rule 413-020-0010 — Voluntary Custody Agreement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0010.

413–020–0000
Definitions 413–020–0005
Purpose 413–020–0010
Voluntary Custody Agreement 413–020–0020
Legal Consent 413–020–0025
Developing the Family Support Services Case Plan when a Parent or Legal Guardian Enters into a Voluntary Custody Agreement with Child Welfare 413–020–0040
Required Reviews 413–020–0045
Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age 413–020–0050
Termination of Voluntary Agreement 413–020–0060
Purpose 413–020–0070
Voluntary Placement Agreement Limitations 413–020–0075
Legal Consent 413–020–0080
Developing the Family Support Services Case Plan and a Voluntary Placement Agreement with the Department 413–020–0085
Required Reviews 413–020–0090
Termination of Voluntary Agreement 413–020–0100
Purpose 413–020–0120
Responsibility of Staff to Secure a Legal Consent 413–020–0130
Department Authority in Voluntary Placement and Voluntary Custody Agreements 413–020–0140
Exercise and Delegation of Legal Authority 413–020–0150
Exercise and Delegation of Guardian Authority 413–020–0160
Actions Not Authorized 413–020–0170
General Provisions 413–020–0200
Purpose 413–020–0230
Referral for and Review of the CANS Screening 413–020–0233
When a Supervision Plan is Required 413–020–0236
Development, Documentation, and Termination of a Supervision Plan 413–020–0240
Use of Physical Restraint 413–020–0245
Responsibilities in Monitoring a Child or Young Adult’s Supervision in a Certified Family 413–020–0255
Training and the Planned Use of Physical Restraint 413–020–0600
Purpose 413–020–0620
Policy 413–020–0630
Preliminary Investigation 413–020–0640
Investigation 413–020–0650
Annual Information Update
Last Updated

Jun. 8, 2021

Rule 413-020-0010’s source at or​.us