OAR 413-040-0140
Permanency Hearings by the Court

A Permanency Hearing must be held no later than 12 months after a child was found within the jurisdiction of the court under ORS 419B.100 (Jurisdiction) or 14 months after the child was placed in substitute care, whichever is the earlier, and thereafter no less frequently than 12 months for as long as the child remains in substitute care. The Permanency Hearing will:

(1)

Be held for all children in the legal or physical custody of the Department and placed in paid or unpaid substitute care including, but not limited to, children in foster or relative placements, group homes, permanent foster care, emergency shelters, residential facilities, non-finalized adoptive placements, subsidized independent living, accredited psychiatric facilities, SAIP, and SCIP. Children’s permanency hearings continue regardless of whether the placement is licensed or certified or, the child is on runaway status, or the child is returned to a parental home on the basis of a trial home visit.

(2)

Be conducted by a juvenile court, another court of competent jurisdiction, or by an authorized tribal court; and

(3)

Determine the permanency plan for the child that includes whether, and if applicable, when the child will:

(a)

Be returned to the parent;

(b)

Be placed for adoption and the Department shall file a petition to terminate the parental rights of the parent(s) to a child in Department custody;

(c)

Be referred to legal guardianship; or

(d)

Be placed in another planned permanent living arrangement. If the Department has determined that is not in the best interest of the child to file a petition for termination of parental rights, the case plan must also contain documentation for review by the court that:

(A)

The child is being cared for by a relative and that placement is intended to be permanent; or

(B)

There is a compelling reason that filing such a petition would not be in the best interests of the child. Such compelling reasons include, but are not limited to:
(i)
The parent is successfully participating in services that will make it possible for the child to safely return home within a reasonable time;
(ii)
Another permanent plan is better suited to meet the health and safety needs of the child;
(iii)
The court or local CRB in a prior hearing or review determined that while the case plan was to reunify the family the Department did not make reasonable efforts or, if the Indian Child Welfare Act applies, active effort to make it possible for the child to safely return home; or
(iv)
The Department has not provided to the family of the child, consistent with the time period in the case plan, such services as the Department deems necessary for the child to safely return home, if reasonable efforts to make it possible for the child to safely return home are required to be made with respect to the child.

Source: Rule 413-040-0140 — Permanency Hearings by the Court, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-040-0140.

413‑040‑0000
Definitions 413‑040‑0005
Purpose 413‑040‑0006
Requirements for the Conditions for Return and the Protective Capacity Assessment 413‑040‑0008
Requirements for a Family Engagement Meeting 413‑040‑0010
Requirements for the Case Plan 413‑040‑0011
Requirements of Action Agreements 413‑040‑0014
Replacing or Adding Impending Danger Safety Threats During Ongoing Case Management 413‑040‑0016
Requirements for Review of the Case Plan 413‑040‑0017
Requirements for Return and Reunification 413‑040‑0024
Requirements for an In-home Ongoing Safety Plan Prior to Return and Next Day Contact 413‑040‑0032
Requirements for Closing the In-Home Ongoing Safety Plan and Closing the Case 413‑040‑0100
Purpose 413‑040‑0130
Administrative Reviews for Title IV and ORS 419A.090 et seq. 413‑040‑0135
Responsibility for Administrative Reviews 413‑040‑0140
Permanency Hearings by the Court 413‑040‑0145
Court Notification of Placement Changes 413‑040‑0150
Participant Notification of Administrative Reviews, Permanency Hearings, and Review Hearings 413‑040‑0155
Participants in Administrative Reviews and Permanency Hearings 413‑040‑0157
Documentation Requirements for Administrative Reviews and Permanency Hearings 413‑040‑0159
Notification and Distribution Requirements for Administrative Reviews and Permanency Hearings 413‑040‑0170
Judicial Requirements for Voluntary Custody Agreement or Child Placement Agreement 413‑040‑0200
The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose 413‑040‑0208
Placements Subject to the ICPC 413‑040‑0222
Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal 413‑040‑0228
Placement of Oregon Children 413‑040‑0240
Financial and Medical Responsibility 413‑040‑0248
Travel Arrangements and Reimbursement for Transportation Expenses 413‑040‑0268
Placement of Children or Young Adults from Other States in Oregon 413‑040‑0282
Independent and Private Agency Adoptions 413‑040‑0292
ICPC Case Closure 413‑040‑0400
Policy 413‑040‑0420
HIV Antibody Testing 413‑040‑0430
Informed Consent 413‑040‑0440
Counseling 413‑040‑0450
Confidentiality
Last Updated

Jun. 8, 2021

Rule 413-040-0140’s source at or​.us