OAR 413-040-0208
Placements Subject to the ICPC; Placements Not Subject to the ICPC

(1) When the placement of a child is subject to the ICPC, the sending agency must comply with the requirements of the ICPC and OAR 413-040-0200 (The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose) to 413-040-0292 (ICPC Case Closure).

(2)

The ICPC applies to the placement of a child:

(a)

With a parent, adoptive family, relative family or a foster family in another state, when the child is in the care or custody of a public child welfare agency;

(b)

By any individual or entity into another state if the placement is for adoption; and

(c)

By any individual or entity into a licensed residential treatment center located in another state.

(3)

The ICPC does not apply to the placement of a child:

(a)

By the child’s parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt or legal guardian with any such relative or guardian located in another state.

(b)

Into a medical facility, psychiatric institution or boarding school located in another state.
(c) When:
(A) The court places the child with a parent from whom the child was not removed; and
(B) The court has no evidence and seeks no evidence of the parent’s unfitness; and
(C) The court relinquishes jurisdiction over the child immediately upon placement with the parent.

(4)

The ICWA applies to all ICPC placements of an Indian child, except those ICPC placements where the child is placed by a parent into a residential treatment facility.

(5)

When a child is placed from a foreign country into a state other than Oregon by a private agency licensed in Oregon, the following requirements apply:

(a)

When an Oregon licensed agency is placing a child from a foreign country into a state other than Oregon, the ICPC applies if the child enters the United States under an IR4 visa and the entity facilitating the placement has guardianship of the child.

(b)

If the Oregon licensed private agency takes custody of the child before placing the child outside the state of Oregon, the ICPC applies.

Source: Rule 413-040-0208 — Placements Subject to the ICPC; Placements Not Subject to the ICPC, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-040-0208.

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 413-040-0208’s source at or​.us