OAR 413-070-0949
Guardianship Assistance Agreement Requirements

(1)

Before a guardian may receive guardianship assistance, there must be a negotiated written guardianship assistance agreement between the Department and the potential guardian or guardian signed by all parties prior to the court order establishing the legal guardianship.

(2)

The guardianship assistance agreement must include each of the following:

(a)

A statement indicating that a guardianship assistance agreement remains in effect without regard to the state of residency of the guardian.

(b)

The effective date of the guardianship assistance agreement.

(c)

That the Department will pay the nonrecurring guardianship expenses associated with obtaining legal guardianship of the child, to the extent the nonrecurring guardianship expenses do not exceed $2,000 per child.

(d)

That the child or young adult for whom the Department is providing a guardianship assistance payment remains eligible for medical assistance provided:

(A)

The guardianship remains in effect;

(B)

A payment is being made; and

(C)

The child or young adult is placed in the United States or possession thereof.

(e)

Information regarding garnishment of guardianship assistance payments as set forth in OAR 413-070-0939 (Guardianship Assistance Payments, Medical Assistance, and Nonrecurring Guardianship Expenses)(8).

(f)

That the guardian agrees to comply with the reporting requirements under OAR 413-070-0964 (Required Reports and Communication).

(g)

That the guardian understands that a guardianship assistance agreement may be reviewed and the guardianship assistance may be adjusted, suspended, or terminated under OAR 413-070-0974 (Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance).

(h)

A statement indicating that the guardian understands that the provisions of ORS 192.558 (Use or disclosure by health care provider or state health plan) allow the Oregon Health Plan (OHP) and the OHP managed care plans without the authorization of the guardian or child or young adult to exchange the following protected health information for the purpose of treatment activities related to the behavioral or physical health of the child or young adult when the child or young adult is the recipient of OHP services:

(A)

The name and Medicaid recipient number of the child or young adult;

(B)

The name of the hospital or medical provider of the child or young adult;

(C)

The Medicaid number of the hospital or medical provider;

(D)

Each diagnosis for the child or young adult;

(E)

Each treatment activity’s date of service;

(F)

Each treatment activity’s procedure or revenue code;

(G)

The quantity of units or services provided; and

(H)

Information about medication prescription and monitoring.
(i)
The amount of the guardianship assistance and the manner in which it is to be provided.

(j)

The basis and requirements for periodic changes in the guardianship assistance payment, in consultation with the guardian, based on the circumstances of the guardian and the needs of the child or young adult.

(k)

The additional services and assistance for which the child or young adult and guardian are eligible under the agreement and the procedure by which the guardian may apply for such services.

(L)

When the Department has agreed to include such language, that the Department may continue to provide guardianship assistance for a child or young adult when the child or young adult moves out of the home of the guardian to attend college or live independently.

(3)

The potential guardian or guardian may name a successor legal guardian in the guardianship assistance agreement, to replace the guardian in the event of the death or incapacity of the guardian.

(4)

The Department must provide the guardian with a copy of the guardianship assistance agreement.

Source: Rule 413-070-0949 — Guardianship Assistance Agreement Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-0949.

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 413-070-0949’s source at or​.us