OAR 413-020-0170
General Provisions

(1)

The Department acknowledges the right of a minor 15 years of age or older to consent to hospital care, medical and surgical diagnosis, or treatment without the consent of the parent or guardian see ORS 109.640 (Right to medical or dental treatment without parental consent)).

(2)

The Department acknowledges the right of a minor 14 years of age or older to obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder or chemical dependency, excluding methadone maintenance, by a physician (see ORS 109.675 (Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent)).

(3)

Whenever Department staff exercise the agency’s authority to authorize actions described as the responsibility of a guardian under these rules, Department staff must:

(a)

Consider the impact of the proposed action upon the welfare of the child, the child’s family and the community prior to deciding whether to consent to or authorize the proposed action;

(b)

Consult with the physical custodian of the child;

(c)

When the child is not in the permanent custody of the Department, make reasonable efforts to consult the child’s parents or guardians about the action proposed and consider the parents or guardians’ preference concerning the action proposed prior to making a decision to consent to or authorize the proposed action unless there is cause to believe such consultation will be detrimental to the child; and

(d)

Prepare a brief written record of the circumstances of the action consented to whenever the Department provides a written consent for actions defined as the responsibility of a guardian. The written record and a copy of any consent made in writing will be filed in the child’s case record.

(4)

In any case where Department staff consider it necessary or appropriate, they may notify the juvenile court, or seek the court’s concurrence, prior to consenting to or authorizing any of the actions described in these rules with respect to children in the Department’s custody.

Source: Rule 413-020-0170 — General Provisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0170.

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 413-020-0170’s source at or​.us