OAR 413-020-0140
Exercise and Delegation of Legal Authority

(1) When the Department has legal custody of a child through a Voluntary Custody Agreement, a court order, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff and through delegation to other persons as described in this rule.
(2) Physical Custodian. The Department delegates the following responsibilities to the physical custodian. This delegation continues as long as the child or young adult is in the legal custody of the Department and resides with the physical custodian. Any exception to this rule must be given in writing to the custodian of the child or young adult and a copy will be maintained in the child or young adult’s case record with the Department. The Department will delegate to the child’s physical custodian its authority to consent to:
(a) Enrollment and disenrollment of the child or young adult in regular public school; assisting with selecting or changing class schedules; authorizing absence from school; and enrollment in free and reduced meal programs. Consent for standardized testing and assessment. Assessment and implementation of special education, unless the child or young adult has a surrogate parent assigned (see OAR 581-015-2000 (Definitions)). School pictures, except those listed under subsection (2)(b) of this rule;
(b) Routine medical care and dental care, including vaccinations and immunization; routine examinations and lab tests;
(c) Short term inter-county travel;
(d) Application for work permits or releases; and
(e) Participation of the child or young adult in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities. When determining whether to allow a child or young adult to participate, the physical custodian must apply the reasonable and prudent parent standard. When applying the reasonable and prudent parent standard, the physical custodian must consider:
(A) The age, maturity, and developmental level of the child or young adult;
(B) The nature and inherent risks of harm; and
(C) The best interest of the child or young adult based on information known by the caregiver.
(3) The caseworker may exercise the Department’s consent authority to any action to which the physical custodian may consent. In addition, the caseworker may exercise the Department’s authority to give consent for the following;
(a) Photographs taken for publicity purposes or media promotions that may draw attention to the child.
(b) Psychiatric or psychological evaluation, outpatient psychiatric or psychological treatment, and behavioral rehabilitation services for the child.
(4) The Local Office Program Manager or designee. The Local Office Program Manager or designee may exercise the Department’s consent authority to any action to which the physical custodian or caseworker may consent. In addition, the Local Office Program Manager or designee or Health and Wellness Services Program Manager may exercise the Department’s authority to consent to all of the following actions with respect to the children serviced by the Local Office.
(a) Emergency medical care and/or surgery, to include anesthesia
(b) Major medical and surgical procedures that are not extraordinary or controversial to include anesthesia
(c) Gender affirming, fully and partially reversible medical interventions.
(5) District Manager or Designee. The District Manager or designee may exercise the Department’s consent authority to any action to which the physical custodian, caseworker, or Local Office Program Manager may consent. In addition, the District Manager or designee may exercise the Department’s authority to consent to all of the following actions with respect to the children serviced by the district:
(a) Enrollment in specialized schools, including private, charter, alternative, international study program, GED, or home schools.
(b) Application for driver’s training, permits and license.
(c) Interstate travel and international travel.
(d) Examination by law enforcement agency (e.g. polygraphs, interrogations without a warrant, etc.).
(e) Use of firearms for purpose of recreational hunting, target practice, and/or hunter safety course.
(6) Health and Wellness Services Program Manager or the District Manager or designee may consent to the following;
(a) Emergency medical care and/or surgery, to include anesthesia.
(b) Major medical and surgical procedures that are not extraordinary or controversial, to include anesthesia.
(c) Admission to Secure Adolescent Inpatient Program (SAIP), Secure Children’s Inpatient Program (SCIP), or a private hospital for purpose of psychiatric treatment.

Source: Rule 413-020-0140 — Exercise and Delegation of Legal Authority, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0140.

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 413-020-0140’s source at or​.us