OAR 413-070-0665
Consideration of a Substitute Caregiver as a Potential Guardian

(1)

Prior to considering a substitute caregiver as a potential guardian, the caseworker and the caseworker’s supervisor must comply with the requirements of both of the following subsections:

(a)

Review the Department’s diligent efforts to identify, contact, and place a child with relatives and to place siblings together as required under OAR 413-070-0060 (Purpose) to 413-070-0087 (Opportunity for Ongoing Connection and Support).

(b)

Confirm there are no current Department actions to:

(A)

Identify a child’s relative as defined in OAR 413-070-0000 (Definitions)(78)(a)–(d);

(B)

Assess an identified relative as defined in OAR 413-070-0000 (Definitions)(78)(a)–(d) who has either expressed an interest in and needs to be or currently is being assessed as a permanency resource.

(2)

In order for a substitute caregiver to be considered as a potential guardian, the substitute caregiver must:

(a)

Have a current Certificate of approval from one of the following entities:

(A)

The Department under OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings).

(B)

Office of Developmental Disabilities under OAR Chapter 411 Division 346.

(C)

A foster care agency under OAR 413-215-0301 (Foster Care Agencies, What Law Applies) to 413-215-0396 (Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency).

(D)

A participating tribe when the potential guardian is currently certified as a foster home by the participating tribe as meeting the tribe’s certification and licensing standards.

(E)

Another state when the potential guardian is currently certified or otherwise approved by the state in which the potential guardian resides and approved as a placement for the child under the Interstate Compact on Placement of Children (ICPC).

(b)

Agree with the Department that the child and any sibling under consideration, and the substitute caregiver can maintain a stable relationship and function effectively without Department supervision.

(c)

Have an updated home study describing how the substitute caregiver’s skills and abilities meet the best interests and needs for safety and permanency for the child and any sibling under consideration.

(d)

Have adequate means of financial support and connections to community resources.

(e)

Have a strong commitment to caring permanently for the child and any sibling under consideration for whom the substitute caregiver has provided care.

(3)

The caseworker must complete all of the following requirements and present the results to a permanency committee, when scheduled:

(a)

Assess the ability of the substitute caregiver to provide safety, permanency, and well-being for the child and any sibling under consideration.

(b)

Assess with the certifier of the substitute caregiver the extent to which the ongoing needs for safety, permanency, and well-being of the child and any sibling under consideration are being met pursuant to OAR 413-070-0640 (Placement Assessment and Matching).

(c)

Assess the commitment of the substitute caregiver to raise the child and any sibling under consideration.

(d)

Provide the substitute caregiver with information regarding the duties and responsibilities of a guardian.

(e)

Agree that the child, any sibling under consideration, and the substitute caregiver can maintain a stable relationship and function effectively without Department supervision.

(f)

Consult with the substitute caregiver regarding guardianship assistance under OAR 413-070-0900 (Purpose) to 413-070-0974 (Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance).

(A)

When guardianship assistance will be requested, inform the substitute caregiver of the eligibility, application, and ongoing requirements of guardianship assistance as described in OAR 413-070-0900 (Purpose) to 413-070-0974 (Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance).

(B)

When guardianship assistance will not be requested or may not be approved due to eligibility restrictions, ensure that the substitute caregiver has sufficient financial support and connections to community resources to meet the needs of the child and any sibling under consideration without this assistance.

Source: Rule 413-070-0665 — Consideration of a Substitute Caregiver as a Potential Guardian, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0665.

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 413-070-0665’s source at or​.us