OAR 413-070-0917
Eligibility for Guardianship Assistance

(1) To be eligible for Title IV-E guardianship assistance, a child must meet all of the following:
(a) Be a United States citizen or qualified non-citizen as described in OAR 413-100-0210 (U.S. Citizenship and Qualified Non-citizens) and in 8 USC section 1641(b) or (c).
(b) Be placed in the United States or a possession thereof.
(c) Have resided in the home of the potential guardian for a period of at least six consecutive months during which the potential guardian was fully licensed, certified, or approved by the state or a participating tribe as meeting the licensure or certification requirements for a foster family home in the state where the home is located.
(d) Be placed with the potential guardian who meets the relative definition as described in OAR 413-070-0000 (Definitions)(79)(a) to (e).
(e) Demonstrate a strong attachment to the potential guardian.
(f) Be removed from his or her home pursuant to a voluntary placement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.
(g) Be eligible for Title IV-E foster care maintenance payments.
(h) Be in the care or custody of the Department or participating tribe.
(i)
Be placed with a potential guardian who indicates an economic need to care for the child.
(2) Each sibling of a child or young adult eligible for Title IV-E guardianship assistance is also eligible for Title IV-E guardianship assistance when:
(a) The sibling meets the eligibility requirements in subsections , (b) and (i) of section (1) of this rule;
(b) The sibling is placed in a guardianship with the same potential guardian or guardian, whether the siblings are placed at the same time or not; and
(c) The potential guardian or guardian and the Department or participating tribe agree that placing the child’s sibling in the home of the potential guardian or guardian is appropriate.
(3) To be eligible for state-funded guardianship assistance, a child must:
(a) Be ineligible for Title IV-E funded guardianship assistance;
(b) Except as provided in section (5) of this rule, meet the eligibility requirements in subsections (a) to (e) and (i) of section (1) of this rule; and
(c) Except as provided in section (5) of this rule, be in the care or custody of the Department.
(4) Each sibling of a child or young adult eligible for state-funded guardianship assistance as described in section (3) of this rule is also eligible for state-funded guardianship assistance when:
(a) The sibling is ineligible for Title IV-E foster care payments;
(b) The sibling meets the eligibility requirements in subsections (a) and (i) of section (1) of this rule;
(c) The sibling is placed in a guardianship with the same potential guardian or guardian, whether the siblings are placed at the same time or not; and
(d) The potential guardian or guardian and the Department agree that placing the child’s sibling in the home of the potential guardian or guardian is appropriate.

(5)

For state-funded guardianships, the Director of the Department may authorize a waiver of the eligibility requirements in subsections (1)(c) to (h) of this rule under the following circumstances:

(a)

The child has or had an open assessment or open case with the Department;

(b)

The Department recommends the guardianship be established to prevent the child from entering Oregon foster care or to expedite the child leaving Oregon foster care;

(c)

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), the guardian and all adults living in the home of the guardian have been 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; and

(d)

The Department reviews known information regarding the guardian and all adults living in the home and determines they have the ability to meet the safety, well-being, and permanency needs of the child.

(6)

For consideration of guardianship assistance under section (5) of this rule, 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 receive guardianship assistance pursuant to section (5) of this rule.

(7)

When a recommendation outlined in section (6) of this rule is received, the Child Permanency Program Manager must submit it to the Director of the Department for review and consideration.
(8) The child must be consulted regarding the guardianship arrangement when the child has attained 14 years of age.
(9) In the event of the death or incapacity of the guardian, a child eligible for Title IV-E or state-funded guardianship assistance remains eligible if a successor legal guardian is named in the guardianship assistance agreement, including any amendments to the agreement, prior to the death or incapacity of the guardian, and the requirements of OAR 413-070-0925 (Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian)(2) are met.
(10) All of the following must be documented in the child’s case plan:
(a) How the child meets the eligibility requirements.
(b) The steps the Department or participating tribe has taken to determine that return to the home or adoption is not appropriate.
(c) The efforts the Department or participating tribe has made to discuss adoption with the child’s relative caregiver and the reasons adoption is not an option.
(d) The efforts the Department or participating tribe has made to discuss kinship guardianship with the child’s parent or parents or the reasons why efforts were not made.
(e) The reason a permanent placement with a potential relative guardian and receipt of a kinship guardian assistance payment is in the child’s best interests.
(f) The reasons for any separation of siblings during placement. If the child’s placement with the potential relative guardian does not include siblings, the case plan must also include a description of the reasons the child is separated from siblings during placement.
(11) A guardianship assistance agreement must be signed by the potential guardian and a Department representative before guardianship has been legally established by a state or participating tribal court.

Source: Rule 413-070-0917 — Eligibility for Guardianship Assistance, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0917.

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 413-070-0917’s source at or​.us