OAR 413-070-0078
Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver


(1)

The Department is responsible for the selection of and placement with a substitute caregiver who best meets the safety, permanency, and well-being needs of the child or young adult.

(2)

The Department considers as a substitute care resource an individual described in OAR 413-070-0000 (Definitions)(79)(a)-(c) prior to considering an individual described in OAR 413-070-0000 (Definitions)(79)(d).

(3)

Whenever possible, the Department must seek the input of the child or young adult and the parents or guardians of the child or young adult regarding their preferences of which relatives to assess for the purposes of placement.

(4)

When a relative or person with a caregiver relationship has been identified for consideration as a substitute caregiver, the Department must consider:

(a)

The individual’s ability to provide safety for the child or young adult, including the individual’s willingness to cooperate with restrictions on contact between the child or young adult and others and to prevent anyone from influencing the child or young adult on the allegations of the case;

(b)

The individual’s ability to meet the child or young adult’s physical, emotional, and educational needs, including the need to continue in the same school or educational placement;

(c)

The individual’s ability to support the Department’s implementation of the permanent plan;

(d)

When more than one individual requests to have the child or young adult placed with them, which individual has the closest existing relationship with the child or young adult; and

(e)

When a child or young adult’s siblings are also in need of substitute care or continuation in substitute care, the individual’s ability to provide substitute care for the child or young adult’s siblings.

(5)

The Department must continue efforts to contact other individuals identified in the search efforts described in OAR 413-070-0069 (Identification of Relatives and Persons with a Caregiver Relationship) for the purposes of assessment as a substitute caregiver when the initial efforts described in this rule did not result in the identification and certification of a relative caregiver for the child or young adult.

(6)

The Department may place a child in substitute care with a relative prior to contacting all known relatives.

(7)

When a child or young adult must be placed in substitute care and the Department is unable to place the child or young adult with a relative at the time of initial placement, the Department must determine the substitute care placement in the order of preference in OAR 413-070-0625 (Identifying and Assessing the Child or Young Adult’s Needs when Placement in Substitute Care is Required).

(8)

When the Department is considering placement with an individual who lives in a state other than Oregon, OAR 413-040-0200 (The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose) to 413-040-0330 apply.

(9)

At each court hearing, the Department must report to the court the diligent efforts the Department has made to place a child or young adult with relatives and to place siblings together.

Source: Rule 413-070-0078 — Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0078.

413‑070‑0000
Definitions
413‑070‑0010
Purpose and Applicability
413‑070‑0015
Denials or Delays of Placement Based on Race, Color or National Origin Prohibited
413‑070‑0020
Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited
413‑070‑0027
Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited
413‑070‑0030
Recruitment and Staff Training
413‑070‑0060
Purpose
413‑070‑0069
Identification of Relatives and Persons with a Caregiver Relationship
413‑070‑0072
Contact with Relatives or Persons with a Caregiver Relationship
413‑070‑0075
Assessment of a Relative or Person with a Caregiver Relationship for Involvement in Safety Management
413‑070‑0078
Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver
413‑070‑0081
Review of a Child or Young Adult’s Substitute Care Placement
413‑070‑0087
Opportunity for Ongoing Connection and Support
413‑070‑0300
Purpose
413‑070‑0320
Placement of Refugee Children
413‑070‑0340
Petition
413‑070‑0345
Notice
413‑070‑0350
Judicial Determination
413‑070‑0360
Record of Care
413‑070‑0370
Annual Report of Care
413‑070‑0380
Refugee Child Welfare Advisory Committee
413‑070‑0400
Purpose
413‑070‑0430
Department Records, Medication Review, and Consent and Authorization Requirements
413‑070‑0450
Disclosure Requirements for a Child or Young Adult in Substitute Care
413‑070‑0470
Substitute Caregiver Responsibilities
413‑070‑0480
Notification Timelines for Psychotropic Medication Therapy
413‑070‑0490
Notification Content for Psychotropic Medication Therapy
413‑070‑0500
Purpose
413‑070‑0510
Obligation to Seek Legal Permanency
413‑070‑0512
Development and Review of the Permanency Plan and Concurrent Permanent Plan
413‑070‑0514
Use of Permanency Committee
413‑070‑0516
Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee
413‑070‑0518
Approving a Permanency Plan Prior to a Resource Being Identified
413‑070‑0519
Decision and Notice
413‑070‑0520
Purpose
413‑070‑0532
APPLA
413‑070‑0536
Consideration of APPLA as a Permanency Plan
413‑070‑0540
Determination of APPLA as a Permanency Plan
413‑070‑0550
Approval and Implementation of an APPLA Permanency Plan
413‑070‑0551
Contents of an APPLA Case Plan
413‑070‑0552
Ongoing Department Responsibilities When APPLA is the Permanency Plan
413‑070‑0556
APPLA Permanency Plan Reviews
413‑070‑0565
Termination of APPLA
413‑070‑0570
Purpose
413‑070‑0574
Special Immigrant Juvenile Status
413‑070‑0600
Purpose
413‑070‑0625
Identifying and Assessing the Child or Young Adult’s Needs when Placement in Substitute Care is Required
413‑070‑0630
Monitoring the Ongoing Substitute Care Placement Needs of the Child or Young Adult
413‑070‑0640
Placement Assessment and Matching
413‑070‑0645
Involving the Substitute Caregiver in the Concurrent Permanency Plan
413‑070‑0655
Purpose
413‑070‑0660
Consideration of Guardianship as a Permanency Plan
413‑070‑0665
Consideration of a Substitute Caregiver as a Potential Guardian
413‑070‑0668
Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver
413‑070‑0670
Approval and Implementation of a Guardianship Permanency Plan
413‑070‑0800
Purpose
413‑070‑0830
Visitation Rights
413‑070‑0840
Orientation Activities
413‑070‑0855
Determining Priority in Visit and Contact Plans
413‑070‑0860
Visit and Contact Plans
413‑070‑0870
Supervision of Visits
413‑070‑0880
Documentation of Contact
413‑070‑0900
Purpose
413‑070‑0905
Funding of Guardianship Assistance
413‑070‑0917
Eligibility for Guardianship Assistance
413‑070‑0918
Extension of Guardianship Assistance for a Young Adult
413‑070‑0919
Eligibility for a Child or Young Adult in the Care or Custody of a Participating Tribe
413‑070‑0925
Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian
413‑070‑0934
Application Requirements
413‑070‑0939
Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses
413‑070‑0944
Legal Expenses of a Guardian
413‑070‑0949
Guardianship Assistance Agreement Requirements
413‑070‑0959
Court Order of Guardianship
413‑070‑0964
Required Reports and Communication
413‑070‑0969
Renegotiation of a Guardianship Assistance Agreement
413‑070‑0970
Guardianship Social Support Services
413‑070‑0974
Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance
413‑070‑0990
Purpose
413‑070‑1000
Placement with a Fit and Willing Relative as a Permanency Plan
413‑070‑1010
Eligibility Requirements for a Fit and Willing Relative
413‑070‑1020
Approval and Implementation of a Fit and Willing Relative Permanency Plan
413‑070‑1030
Contents of a Placement with a Fit and Willing Relative Case Plan
413‑070‑1040
Ongoing Department Responsibilities When Placement with a Fit and Willing Relative is the Permanency Plan
413‑070‑1050
Placement with a Fit and Willing Relative Permanency Plan Reviews
413‑070‑1060
Termination of Placement with a Fit and Willing Relative Permanency Plan
413‑070‑1070
Purpose
413‑070‑1080
Placement of a Child or Young Adult in a Congregate Care Residential Setting
413‑070‑1090
Placement of a Child or Young Adult in a Qualified Residential Treatment Program (QRTP)
Last Updated

Jun. 8, 2021

Rule 413-070-0078’s source at or​.us