OAR 413-070-0668
Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver

(1) A Central Office Guardianship Committee must be scheduled when a caseworker recommends a change in the permanency plan to guardianship and the Department has identified a relative as a potential guardian to exercise the duties and responsibilities of a guardian while the child continues to reside with the current substitute caregiver.

(2)

For a child in the care and custody of the Department, who is placed in a substitute care, the Child Welfare Permanency Program Manager may approve a waiver of the requirements in 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian) and (3) under the following circumstances:
(a) The substitute caregiver has demonstrated their commitment to the care and well-being of the child and desires to continue the placement of the child in their home but is unable to serve as a potential guardian,
(b) The Department has identified a relative as a potential guardian who is committed to accepting the duties and responsibilities of a guardian for the child while the child continues to reside with the substitute caregiver,
(c) The Department, the potential guardian and the substitute caregiver agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child’s safety, well-being and permanency,
(d) The potential guardian and the substitute caregiver agree that if approved by the Department and established by the court as guardian, the potential guardian will exercise the authority, duties and responsibilities of guardian for the child and the child will continue to reside with the substitute caregiver; and
(e) The substitute caregiver and potential guardian understand and agree that the child will not be eligible to receive guardianship assistance at any time.
(3) In order to be considered as a potential guardian under this rule, the potential guardian must:
(a) Meet the definition of a relative under OAR 413-070-0000 (Definitions)(79);
(b) Demonstrate a strong commitment to maintaining a lifelong connection with the child;
(c) Demonstrate a commitment to accepting the duties and responsibilities of a guardian for the child while the child continues to reside with the substitute caregiver;
(d) Be willing to participate in all activities required to maintain the child’s placement with the substitute caregiver;
(e) Have been, pursuant to OAR 413-120-0440 (Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required) to 413-120-0475 (Record Keeping, Confidentiality), approved through a Department-approved, fingerprint-based criminal records check of the National Crime Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check;
(f) Agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child’s safety, well-being and permanency; and
(g) Have a Relative Study as a Potential Guardian form completed documenting how the potential guardian’s skills and abilities meet the best interests and needs for safety and permanency for the child.
(4) In order to be considered as a substitute caregiver under this rule, the substitute caregiver must:
(a) Be currently caring for the child for the last 12 consecutive months and 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 Services 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) Demonstrate a commitment to the care and well-being of the child and a desire to continue the placement of the child in their home.
(c) Have been included on the Relative Study as a Potential Guardian form documenting the substitute caregiver’s skills and abilities to meet the best interests and needs for safety and permanency for the child; and
(d) Agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child’s safety, well-being and permanency.
(5) For consideration of a guardianship plan under this rule, the caseworker must complete all of the following requirements and present to the Central Office Guardianship Committee when scheduled:
(a) Assess the commitment of the potential guardian to the child, including maintaining lifelong contact with the child, participating in service planning, and assisting with raising the child by assuring the child’s physical, emotional, developmental, cultural and educational needs are met;
(b) Assess the ability of the potential guardian to communicate effectively with the substitute caregiver;
(c) Assess the ability of the potential guardian to make decisions in the best interest of the child considering the safety, permanency and well-being needs of the child;

(d)

Assess the ability of the potential guardian to protect the child from contact with those who may harm the child and the ability to protect the child from further victimization;

(e)

Assess with the certifier of the substitute caregiver the ability and commitment of the substitute caregiver to provide safety, permanency, and well-being for the child pursuant to OAR 413-070-0640 (Placement Assessment and Matching);

(f)

Assess with the certifier of the substitute caregiver the extent to which the substitute caregiver has the specific skills to meet the unique physical, emotional, developmental, cultural, educational and supervisory needs for the child;
(g) Explain and provide the potential guardian and substitute caregiver written information regarding the duties and responsibilities of a caregiver and guardian; and

(h)

The substitute caregiver and potential guardian were advised and have signed the Responsibilities of a Legal Guardian and Caregiver form acknowledging their understanding that the child will not be eligible to receive guardianship assistance at any time.
(6) The Central Office Guardianship Committee must review all the information presented to the committee and make written recommendations to the Child Welfare Program Manager or designee regarding:

(a)

Whether guardianship is, or if a permanency committee under OAR 413-070-0518 (Approving a Permanency Plan Prior to a Resource Being Identified) has already occurred, whether guardianship continues to be, an appropriate permanency plan for the child;
(b) Whether the potential guardian can meet the child’s needs as described in subsection (7)(c) of this rule and should be considered as a potential guardian; and
(c) Whether the substitute caregiver can meet the child’s needs as described in subsection (7)(c) of this rule.

(7)

After reviewing the recommendations of the Central Office Guardianship Committee, the Child Welfare Program Manager or designee must decide whether guardianship with the identified relative is the appropriate permanency plan for the child based upon:
(a) How a permanency plan of guardianship meets the child’s needs, and the requirements of OAR 413-070-0660 (Consideration of Guardianship as a Permanency Plan) and OAR 413-070-0668 (Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver)(2)-(5);
(b) Whether the Department has provided the child and the child’s parents an opportunity to identify available permanency; and
(c) Whether the substitute caregiver and the potential guardian are able to meet the child’s needs pursuant to OAR 413-070-0640 (Placement Assessment and Matching).
(8) If the Child Welfare Program Manager or designee has approved the permanency plan of guardianship for the child and the relative as the potential guardian, the Child Welfare Program Manager must submit a written recommendation to the Child Permanency Program Manager outlining why it is in the best interest of the child to pursue a plan of guardianship pursuant to section (1) of this rule, including waiver of the requirements in OAR 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian) (2) and (3) pursuant to section (2) of this rule.
(9) When a written recommendation described in section (8) of this rule is received, the Central Office Child Permanency Program Manager must review and approve or deny the waiver of the requirements in 413-070-0665 (Consideration of a Substitute Caregiver as a Potential Guardian) (2) and (3).
(10) If the Child Permanency Program Manager decides to approve guardianship as a permanency plan for the child, the caseworker must –
(a) Request a permanency hearing before the court within 30 days of the decision unless the court has already changed the permanency plan for the child to guardianship pursuant OAR 413-070-0518 (Approving a Permanency Plan Prior to a Resource Being Identified)(1).
(b) Prior to the court hearing, provide the court with supporting written documentation regarding the Department’s position that:
(A) Guardianship under this rule is in the child’s best interest; and
(B) Neither placement with parents nor adoption is an appropriate plan.
(c) At the court hearing, recommend that the court approve changing the child’s permanency plan to guardianship under this rule;
(11) Prior to the court hearing to request the final order of guardianship, the Department must document in the case record that the caseworker, supervising worker, if any, and the certifier for the substitute caregiver recommends the finalization of the guardianship.

Source: Rule 413-070-0668 — Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0668.

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 413-070-0668’s source at or​.us