OAR 413-040-0222
Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal


(1)

The Department will not delay or deny placement of a child who is in the custody of the Department solely because the available ICPC approved family resides outside the state of Oregon.
(2) An approved adoptive resource (as defined in OAR 413-200-0260 (Definitions)) who alleges that the denial of an adoption placement was based on the adoptive resource residing outside Oregon has the right to a contested case hearing as provided in ORS 183.310 (Definitions for chapter) to 183.550 and OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time).

(3)

For denial, termination, revocation or appeal of a child-specific certificate of approval for a relative caregiver or foster parent, refer to OAR 413-200-0296 (Responsibilities Regarding Denial or Revocation of a Certification).

(4)

Denial of ICPC placement or reversal of an approval.

(a)

Reasons for denial or reversal of ICPC placement approval. A placement request may be denied, or approval may be reversed when:

(A)

The certification requirements of OAR chapter 413, division 200 are not met;

(B)

The adoptive resource certification requirements of OAR 413-200-0274 (Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval) are not met;

(C)

The applicant fails to timely respond to a written request from the Oregon ICPC office;

(D)

The applicant withdraws his or her application; or

(E)

The child’s specific needs cannot be met if the child is placed in the home.
(b) Appeal. There is no right to appeal from a denial of an ICPC placement. Following a denial, the sending state may submit a new request if the issues that led to the denial have been corrected.

(5)

The Oregon ICPC office may deny or return the home study or parent home study request without processing it if any of the following apply:

(a)

The prospective placement resource is noncompliant with the sending state’s case plan.

(b)

The prospective placement resource fails to respond to a written request for contact from the Department within 30 days of the request.

(c)

There is an open CPS assessment on a prospective placement resource.

(d)

The referral packet is incomplete.

(e)

The sending state is nonresponsive to information requests.

(f)

The prospective placement resource has an outstanding warrant for arrest.

Source: Rule 413-040-0222 — Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-040-0222.

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 413-040-0222’s source at or​.us