OAR 413-070-0430
Department Records, Medication Review, and Consent and Authorization Requirements


(1)

The Department must keep the medical and mental health records of any child or young adult in substitute care. As used in this section, “medical and mental health care records” includes a child or young adult’s records of medical and mental health care, including, but not limited to, the names of former and current health providers, medical services and diagnoses, evaluations, immunizations, and prescribed medications.

(2)

The caseworker must support timely exchange of medical and mental health care information for a child or young adult in substitute care unless:

(a)

A child or young adult has the authority to consent to his or her own health and mental health care; or

(b)

The parent or legal guardian of the child or young adult retains authority to consent to health care decisions through a Voluntary Custody Agreement or Voluntary Placement Agreement.

(3)

The caseworker must:

(a)

Provide records of previous mental health assessments and assessment updates, including multiaxial DSM diagnosis and treatment recommendations, and progress records from mental health treatment services to the licensed medical professional prior to the medical appointment or no later than the time at which the licensed medical professional examines the child or young adult when a child or young adult may be receiving a prescription for a psychotropic medication.

(b)

Document and timely inform the substitute caregiver of the child or young adult’s known health information, including information regarding any prescribed and administered psychotropic medication:

(A)

At the time of placement; and

(B)

When new or updated health information becomes known to the Department.

(4)

To keep accurate medical records and documentation for a child or young adult’s medical and mental health history record, the caseworker must:

(a)

Retain copies of all medical and mental health records received by the Department in the medical section of the case file of the child or young adult in substitute care.

(b)

Document and update records of known health conditions, services, and supports of the child or young adult in substitute care when developing the case plan and at each case plan review.

(c)

Receive and review monthly the medication log of the child or young adult in substitute care and retain a copy in the medical section of the case file of the child or young adult and the Department’s electronic information system.

(d)

Document the medical information of the child or young adult in the Department’s electronic information system.

(5)

The Department must inform the substitute caregiver of the child or young adult that written authorization, as set forth in subsections (a)-(e) of this section, is required prior to filling a prescription for a new psychotropic medication unless there is an urgent medical need, in which case prior written authorization is not required.

(a)

Unless an exception in subsection (d) of this section applies, the Child Welfare Program Manager or designee must provide written authorization prior to the administration of any new prescription of psychotropic medication to a child or young adult in substitute care when the requirements of at least one of the following paragraphs applies:

(A)

The Department is the legal guardian of the child or young adult;

(B)

Parental rights have been terminated and the court has ordered permanent commitment of the child or young adult and placed the child or young adult in the legal custody and guardianship of the Department; or

(C)

A child or young adult’s parents have signed a Release or Surrender Agreement giving the Department guardianship and control over the child or young adult.

(b)

When the authority to provide authorization for psychotropic medication is not given to the Department in the Voluntary Placement Agreement or Voluntary Custody Agreement, the Department must obtain the written consent of a child or young adult’s parent or legal guardian for the administration of psychotropic medication.

(c)

A child, 15 years of age or older, or a young adult may provide written consent for psychotropic medication under ORS 109.640 (Right to medical or dental treatment without parental consent).

(d)

Written authorization of the Child Welfare Program Manager or designee is not required prior to the administration of any new prescription of psychotropic medication to a child or young adult in substitute care when the requirements of at least one of the following paragraphs applies:

(A)

A change in the delivery system of a previously prescribed medication;

(B)

A change in the dosage of a previously prescribed medication;

(C)

A change in medication within the same drug classification;

(D)

A one-time medication given prior to a medical procedure; or

(E)

An anti-epileptic medication prescribed for a seizure disorder.

(6)

After the caseworker has obtained the written authorization for psychotropic medication required under section (5) of this rule, the caseworker must do all of the following:

(a)

Complete the notifications required under OAR 413-070-0480 (Notification Timelines for Psychotropic Medication Therapy) and 413-070-0490 (Notification Content for Psychotropic Medication Therapy).

(b)

Ensure a report has been made to the prescribing licensed medical professional when the condition of the child or young adult in substitute care is not improving, is deteriorating, or when the child or young adult, caseworker, substitute caregiver, or other individual has observed suspected side effects of the medication.

(c)

Request and receive updated health information about the child or young adult in substitute care and the effects of the prescribed psychotropic medication therapy from the substitute caregiver during the monthly contact with the substitute caregiver required under OAR 413-080-0054 (Monthly Face-to-Face Contact Requirements).

(7)

Prior to authorization and administration of a new prescription for more than one psychotropic medication or any antipsychotic medication, the Department must ensure a child or young adult in substitute care has received an assessment from a qualified mental health professional or licensed medical professional unless:

(a)

A medication was prescribed for an urgent medical need; or

(b)

The prescription is described in paragraphs (5)(d)(A) to (E) of this rule.

(8)

The assessment required under section (7) of this rule either must:

(a)

Have been completed within the three months prior to the prescription for psychotropic medication; or

(b)

Be an update of a prior assessment, which focuses on a new or acute problem, and information from the assessment must be communicated to the licensed medical professional prior to the issuance of a prescription for psychotropic medication.

(9)

The Department must ensure the requirements of both of the following subsections are met:

(a)

An annual review of psychotropic medications, by an individual other than the prescriber when:

(A)

A child or young adult has more than two prescriptions for psychotropic medications; or

(B)

A child under six years of age has a prescription for psychotropic medication.

(b)

The annual review required under subsection (a) of this section must be conducted by one of the following:

(A)

A licensed medical professional;

(B)

A qualified mental health professional with the authority to prescribe drugs; or

(C)

A licensed pharmacist with the Drug Use Review Program under the Oregon Health Authority, Division of Medical Assistance Programs OAR 410-121-0100 (Drug Use Review).

Source: Rule 413-070-0430 — Department Records, Medication Review, and Consent and Authorization Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0430.

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 413-070-0430’s source at or​.us