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