OAR 413-070-0939
Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses

(1) When a guardianship assistance payment or medical assistance is not being provided, a potential guardian, guardian or successor legal guardian may enter into a guardianship assistance agreement only.
(2) The monthly guardianship assistance payment:
(a) Is determined through discussion and negotiation between the Department and the potential guardian, guardian or successor legal guardian.
(b) May not exceed the current foster care base rate payment the child or young adult would be eligible to receive in foster care as determined under OAR 413-090-0010 (Authorized Payments)(1)(b) combined with, if applicable, the level of care payment determined by the CANS screening conducted under OAR 413-020-0230 (Referral for and Review of the CANS Screening).
(c) Is negotiated between the potential guardian, guardian or successor legal guardian of a child or young adult and the Department, taking into consideration relevant factors which include, but are not limited to:
(A) The ordinary and special needs of the child or young adult.
(B) The services and goods required to meet the needs of the child or young adult.
(C) The cost of the services and goods required to meet the needs of the child or young adult.
(D) The circumstances of the potential guardian, guardian or successor legal guardian and their ability to provide the required services and goods for the child or young adult.
(E) The resources available to the potential guardian, guardian or successor legal guardian such as medical coverage, private health insurance, public education, other income sources, and community resources.
(F) A guardianship assistance payment may be reduced when other sources of income are received by the potential guardian, guardian or successor legal guardian or the child or young adult.
(d) Is intended to combine with the resources of the potential guardian or guardian to provide for the needs of the child or young adult.
(3) When, during negotiation of the guardianship assistance payment, the Adoption Assistance and Guardianship Assistance Coordinator and the potential guardian, guardian, or the successor legal guardian are unable to reach agreement, the Adoption Assistance and Guardianship Assistance Coordinator, the potential guardian, guardian, or the successor legal guardian may request a review by the Guardianship Assistance Review Committee. When a review is requested:
(a) An Adoption Assistance and Guardianship Assistance Coordinator must:
(A) Prepare documentation for the scheduled Guardianship Assistance Review Committee;
(B) Notify the potential guardian, guardian, or successor legal guardian of the date of the committee;
(C) Notify the assigned caseworkers of the date of the committee; and
(D) Attend and participate in the Guardianship Assistance Review Committee.
(b) The potential guardian, guardian, or successor legal guardian may provide written documentation to the Adoption Assistance and Guardianship Assistance Coordinator for review and consideration by the Guardianship Assistance Review Committee.
(c) The certification worker for the potential guardian and the caseworker for the child may participate in a Guardianship Assistance Review Committee meeting and may present information and respond to questions. The workers may not participate in the deliberations of the Guardianship Assistance Review Committee.
(d) The Guardianship Assistance Review Committee members must:
(A) Consider written documentation provided by the potential guardian, guardian, or successor legal guardian, caseworkers, and the Adoption Assistance and Guardianship Assistance Coordinator.
(B) Review materials submitted to the Guardianship Assistance Review Committee, deliberate, and make one or more recommendations regarding the guardianship assistance payment.
(e) At the conclusion of the Guardianship Assistance Review Committee, the Adoption Assistance and Guardianship Assistance Coordinator must:
(A) Document the recommendations of the Guardianship Assistance Review Committee; and
(B) Submit the documentation to the Post Adoption Services Manager or designee within one business day of the Guardianship Assistance Review Committee meeting.
(f) The Post Adoption Services Manager or designee must complete each of the following actions:
(A) Attend the Guardianship Assistance Review Committee and ask any clarifying questions, but not participate in the deliberation or recommendation of the Guardianship Assistance Review Committee;
(B) Review and consider:
(i) The materials submitted to the Guardianship Assistance Review Committee;
(ii) The recommendations of the committee; and
(iii) The information presented by the potential guardian, guardian, or successor legal guardian under subsection (4)(b) of this rule.
(C) Make a decision within 30 calendar days of the date of the request for review; and
(D) Provide written notification to the potential guardian, guardian, or successor legal guardian and the Adoption Assistance and Guardianship Assistance Coordinator within ten business days of the decision.
(4) When a potential guardian, guardian, or successor legal guardian is not satisfied with the final guardianship assistance offer from the Department, the potential guardian, guardian, or successor legal guardian has the right to a contested case hearing under OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders).
(5) An initial guardianship assistance payment begins on the date the state or tribal court legally establishes the guardianship provided there is a written guardianship assistance agreement signed by the Department and the potential guardian.
(6) A guardianship assistance payment to a guardian for the child or young adult is inalienable, not assignable or transferable, and exempt from execution, levy, attachment, garnishment, and other legal process under the laws of Oregon, as long as the payment can be identified as a guardianship assistance payment and is kept separate from other money in the guardian’s possession.
(7) The guardian may apply to be the designated payee for any benefit the child or young adult receives if the benefit program allows such application.
(8) Medical assistance and social services.
(a) A child or young adult who is the subject of a guardianship assistance agreement funded by Title IV-E funds as authorized by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) is categorically eligible for medical assistance through Title XIX and social services under Title XX when --
(A) The guardianship is in effect; and
(B) A guardianship assistance payment is being made to the guardian.
(b) A child or young adult who is not eligible for Title XIX medical assistance is eligible for medical assistance under OAR 413-100-0400 (Purpose) to 413-100-0530 (Compliance), when:
(A) The child or young adult resides in Oregon; or
(B) The child or young adult resides outside of Oregon but in the United States or possession thereof and is not able to obtain medical assistance in his or her place of residence.
(c) Medical assistance is not provided for a child or young adult who resides outside of the United States or possession thereof.
(9) Nonrecurring guardianship expenses.
(a) The Department will reimburse a guardian up to $2,000 per eligible child for approved nonrecurring guardianship expenses, including but not limited to:
(A) The cost of a home study;
(B) Court costs;
(C) Attorney fees;
(D) Physical and psychological examinations required for the guardianship; and
(E) Travel to visit with the child prior to placement.
(b) Payment for nonrecurring guardianship expenses may not duplicate expenses covered by ORS 417.200 (Interstate Compact on Placement of Children) - 417.260 (ORS 418.290 inapplicable to children placed pursuant to compact) or another resource available to the potential guardian or successor legal guardian.
(c) Documentation of nonrecurring guardianship expenses is required and must be submitted prior to execution of the nonrecurring guardianship assistance agreement. The nonrecurring guardianship assistance agreement, indicating the nature and amount of the nonrecurring guardianship expenses, must be signed by the potential guardian and a Department representative prior to the establishment of the guardianship.
(d) Payment for nonrecurring guardianship expenses is made when the Department receives the court order establishing the guardianship.
(10) Overpayment.
(a) If the Department issues a guardianship assistance payment on behalf of a child or young adult after the date the guardianship assistance agreement automatically expires, the Department may seek reimbursement of the overpayment and the guardian must repay the Department.
(b) If the guardian fails to comply with any provisions of the guardianship assistance agreement, including failing to notify the Department of any of the events or circumstances described in OAR 413-070-0964 (Required Reports and Communication) and 413-070-0974 (Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance)(6) and (8), the Department may collect any guardianship assistance payment or medical assistance which the Department would not have provided had the guardian complied with the provisions of the guardianship assistance agreement.

Source: Rule 413-070-0939 — Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0939.

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 413-070-0939’s source at or​.us