OAR 413-020-0150
Exercise and Delegation of Guardian Authority


(1) When the Department has legal custody of a child or young adult through a court order in which the Department has specifically been given guardianship, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff as described in this rule.
(2) District Manager or Designee: may exercise the Department’s authority to consent to the following actions with respect to child or young adult served by that district:
(a) Enlistment of a child or young adult in the Armed Forces or the Job Corps; and
(b) Marriage.
(3) Department Child Permanency Program Manager: may exercise the Department’s authority under ORS 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) to consent to the adoption of a child or young adult who is in the permanent custody of the Department.
(4) Only the Health and Wellness Services Program Manager in consultation with the Child Welfare Director or in their absence and in the event of an emergency a Deputy Director for Child Welfare may consent to any of the following actions for a child:
(a) Termination of a pregnancy, except when a child – 15 years of age or older exercises their statutory right to consent to their own termination of a pregnancy (ORS 109.640 (Right to medical or dental treatment without parental consent)).
(b) Extraordinary or controversial medical or surgical procedures, such as Do Not Resuscitate Order (DNR), organ transplants, kidney dialysis, open heart surgery, non-reversable gender affirming medical services, or any procedure involving substantial life threat.
(c) Any medical or surgical procedure to which a legal parent or guardian of the child or the child is opposed.
(d) Sterilization under ORS chapter 436, but only when such procedure is necessary to protect the child’s life.
(5) Department Director, Director for Child Welfare or Deputy Director for Child Welfare, may exercise the Department’s authority to consent to any action to which the physical custodian, caseworker, Local Office Program Manager, and District Manager may consent.

Source: Rule 413-020-0150 — Exercise and Delegation of Guardian Authority, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0150.

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 413-020-0150’s source at or​.us