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.
(E) Schedule a Central Office Guardianship Committee and comply with OAR 413-070-0668 (Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver) that pertain to approving a relative as a guardian while the child’s placement remains with the substitute caregiver.

(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.

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 413-070-0518’s source at or​.us