OAR 413-070-0516
Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee

(1)

A permanency committee is composed of the following individuals:

(a)

Two individuals who have been appointed by a Child Welfare Program Manager to attend a permanency committee.

(A)

A committee facilitator, who must be a Department staff member and who must ensure all of the following:
(i)
The meeting is held according to the requirements of OAR chapter 413.
(ii)
Individuals are informed of the responsibilities of the committee and the confidentiality of information presented during the meeting.
(iii)
Committee recommendations are thoroughly and accurately documented.

(B)

A second individual who may be either a community partner or another Department staff member.

(C)

The individuals in this subsection must meet the following requirements:
(i)
Be knowledgeable about permanency issues.
(ii)
Be knowledgeable of the importance of lifelong family attachment and cultural connections.
(iii)
Have no current personal or professional relationship to the child or a potential placement resource or potential adoptive resource being considered.

(b)

The following members of the child’s team:

(A)

The caseworker of the child or young adult;

(B)

The attorney of the child or young adult;

(C)

The CASA of the child or young adult;

(D)

A representative of the child’s tribe, if the caseworker knows or there is reason to know the child is an Indian child pursuant to OAR 413-115-0060 (Active Efforts); and

(E)

A member of the RCWAC, if the child or young adult is a refugee child.

(2)

The substitute caregiver of the child or young adult, or any other individual from the child’s team who a caseworker, in consultation with the supervisor, believes can provide important input into the issue before the permanency committee, may be invited to present information to the permanency committee but is excused after presenting information and responding to questions.

(3)

The Child Welfare Program Manager or designee responsible for making the decision on behalf of the Department attends the permanency committee and may ask clarifying questions but does not participate in the deliberation and recommendation.

(4)

The Department is responsible for scheduling and notifying the following individuals of the date, time, and location of the permanency committee:

(a)

Appointed permanency committee members;

(b)

The Child Welfare Program Manager or designee making a recommendation or decision on the issue before the permanency committee;

(c)

Each member of the child’s or young adult’s team identified in subsection (1)(b) of this rule; and

(d)

Any other individual invited to present specific information to the permanency committee.

(5)

Each individual attending a permanency committee is bound by Oregon statutes regarding confidentiality and OAR 413-010-0010 (Purpose) to 413-010-0075 (Disclosure Procedures).

(6)

Consideration, review, and recommendation.

(a)

The permanency committee must consider and review the information presented by any individual invited to the permanency committee, whether the information is presented in person, by phone, through other electronic communication, or in writing.

(b)

The permanency committee may seek clarification of information presented and may request additional information during the presentations.

(c)

The permanency committee must consider the safety, permanency, and well-being needs of the child or young adult and, when there are siblings, the safety, permanency, and well-being needs of each sibling and make a recommendation regarding the issue brought before the committee to the Child Welfare Program Manager or designee as follows:

(A)

When the caseworker recommends a change in permanency plan to guardianship, the permanency committee provides a recommendation based upon the considerations in OAR 413-070-0660 (Consideration of Guardianship as a Permanency Plan) and OAR 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian) subject to OAR 413-070-0518 (Approving a Permanency Plan Prior to a Resource Being Identified).

(B)

When the caseworker recommends a change in permanency plan to placement with a fit and willing relative, the permanency committee provides a recommendation based upon the considerations in OAR 413-070-1020 (Approval and Implementation of a Fit and Willing Relative Permanency Plan) subject to OAR 413-070-0518 (Approving a Permanency Plan Prior to a Resource Being Identified).

(C)

When a caseworker recommends a change in permanency plan to APPLA, the permanency committee provides a recommendation based upon the considerations in OAR 413-070-0550 (Approval and Implementation of an APPLA Permanency Plan)(1).

(D)

When a caseworker considers the separation of siblings in adoption under OAR 413-110-0132 (Consideration of Sibling Separation), the permanency committee provides a recommendation based upon the considerations in OAR 413-110-0132 (Consideration of Sibling Separation)(2).

(E)

When the caseworker requests that a permanency committee review the relationship between a general applicant and a child whose permanency plan is adoption, the permanency committee provides a recommendation based upon the considerations in OAR 413-120-0750 (Recruitment Efforts)(6)(b).

(d)

When members of the permanency committee have not come to consensus on a recommendation, the committee facilitator must document all recommendations and the basis provided by the permanency committee member for that recommendation.

(e)

The committee facilitator must provide the written documentation of the permanency committee’s recommendation or recommendations to the Child Welfare Program Manager or designee within three business days of the date on which the permanency committee was held.

Source: Rule 413-070-0516 — Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0516.

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 413-070-0516’s source at or​.us