OAR 413-070-0518
Approving a Permanency Plan Prior to a Resource Being Identified
(1)
A permanency plan may be changed to guardianship or placement with a fit and willing relative prior to a resource having been identified when:(a)
The court changes a permanency plan for a child or young adult before the Department makes a recommendation pursuant to OAR 413-070-0512 (Development and Review of the Permanency Plan and Concurrent Permanent Plan) to 413-070-0516 (Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee); or(b)
The Department must make a recommendation to change the permanency plan for a child or young adult to guardianship or placement with a fit and willing relative because a child or young adult’s current permanency plan is no longer in the best interest of the child or young adult.(2)
When subsection (1)(a) of this rule applies, the caseworker does the following:(a)
If the new permanency plan for the child or young adult is guardianship:(A)
Change the permanency plan to guardianship;(B)
Diligently recruit and identify a potential guardian resource for the child or young adult; and(C)
Approve the guardian for the child or young adult as outlined in OAR 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian), 413-070-0670 (Approval and Implementation of a Guardianship Permanency Plan) or OAR 413-070-0668 (Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver).(b)
If the new permanency plan for a child or young adult is placement with a fit and willing relative:(A)
Change the permanency plan to placement with a fit and willing relative;(B)
Diligently recruit and identify a potential relative resource for the child or young adult; and(C)
Approve the relative for placement with a fit and willing relative as outlined in OAR 413-070-1020 (Approval and Implementation of a Fit and Willing Relative Permanency Plan).(3)
After complying with OAR 413-070-0512 (Development and Review of the Permanency Plan and Concurrent Permanent Plan) to 413-070-0516 (Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee), if the Department recommendation is something other than the court-approved permanency plan, the Department must schedule a judicial review of the permanency plan of the child or young adult.(4)
When subsection (1)(b) of this rule applies, the caseworker must comply with the following requirements:(a)
If the recommendation is to change the permanency plan to guardianship:(A)
Comply with OAR 413-070-0660 (Consideration of Guardianship as a Permanency Plan);(B)
Schedule a permanency committee and comply with the sections of OAR 413-070-0670 (Approval and Implementation of a Guardianship Permanency Plan) that pertain to approving the permanency plan of guardianship;(C)
Diligently recruit and identify the substitute caregiver as a potential guardian as outlined in OAR 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian); and(D)
Schedule a second permanency committee and comply with the sections of OAR 413-070-0670 (Approval and Implementation of a Guardianship Permanency Plan) that pertain to approving the substitute caregiver as a guardian.(b)
If the recommendation is to change the permanency plan to placement with a fit and willing relative:(A)
Comply with the sections of OAR 413-070-1000 (Placement with a Fit and Willing Relative as a Permanency Plan) that pertain to considering the permanency plan of placement with a fit and willing relative;(B)
Schedule a permanency committee and comply with the sections of OAR 413-070-1020 (Approval and Implementation of a Fit and Willing Relative Permanency Plan) that pertain to approving the permanency plan of placement with a fit and willing relative;(C)
Diligently recruit and identify the proposed fit and willing relative resource that meets the eligibility as outlined in OAR 413-070-1010 (Eligibility Requirements for a Fit and Willing Relative); and(D)
Schedule a second permanency committee and comply with the sections of OAR 413-070-1020 (Approval and Implementation of a Fit and Willing Relative Permanency Plan) that pertain to approving the proposed resource as a fit and willing relative.
Source:
Rule 413-070-0518 — Approving a Permanency Plan Prior to a Resource Being Identified, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-070-0518
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