OAR 413-070-1020
Approval and Implementation of a Fit and Willing Relative Permanency Plan

(1)

Subject to OAR 413-070-0518 (Approving a Permanency Plan Prior to a Resource Being Identified), when the Department is considering a change in the permanency plan of a child or young adult, the Department makes the determination pursuant to OAR 413-070-0500 (Purpose) to 413-070-0519 (Decision and Notice).

(2)

The permanency committee must consider the best interests of the child or young adult and each of the following factors when developing a recommendation regarding placement with fit and willing relative to the Child Welfare Program Manager or designee:

(a)

The safety, permanency, and well-being needs of the child or young adult.

(b)

The opportunities the Department has provided the child or young adult and his or her parents to identify permanency resources.

(c)

The parents’ acceptance of fit and willing relative as a permanency plan and their preference for continued contact with the child or young adult.

(d)

The ability of the fit and willing relative to meet the needs of the child or young adult pursuant to OAR 413-070-0640 (Placement Assessment and Matching).

(e)

The compelling reasons placement with a parent, adoption, or guardianship cannot be achieved.

(f)

The sufficiency of the plan for continued contact with siblings.

(3)

The Child Welfare program manager or designee must consider all of the following when deciding whether placement with a fit and willing relative is the appropriate permanency plan for the child or young adult:

(a)

The considerations in section (2) of this rule.

(b)

The information presented to the permanency committee.

(c)

The recommendation of the permanency committee.

(4)

Within 30 days of a Department decision to approve a fit and willing relative permanency plan under OAR 413-070-0519 (Decision and Notice), the caseworker must request a permanency hearing before the court.

(5)

At the hearing, the caseworker must provide all of the following to the court:

(a)

The intensive, ongoing efforts by the Department to return the child or young adult home, or secure a placement with an adoptive parent or guardian.

(b)

The compelling reasons it would not be in the best interests of the child or young adult to return home, be placed for adoption, or be placed with a guardian.

(c)

The type and amount of parent-child and child-sibling contact and involvement until a more preferred permanency plan is achieved, the child reaches age of majority, reaches independence, or the juvenile court relieves the Department of legal custody of the child or young adult.

(d)

The reasonable services the Department may offer each parent to meet the best interests of the child or young adult until a more preferred permanency plan is achieved, the child reaches the age of majority, reaches independence, or the juvenile court relieves the Department of legal custody of the child or young adult.

(e)

The steps the Department has taken to ensure the foster parent is following the reasonable and prudent parent standard, and opportunities the child has had to engage in age-appropriate or developmentally appropriate activities.

(f)

A recommendation that the court issue an order approving the placement with a fit and willing relative permanency plan.

(g)

A timetable for placement of the child or young adult with a fit and willing relative.

(6)

When the Department recommends that contact be limited or prohibited between a parent and child or young adult, or between a sibling and child or young adult, the caseworker must make the request to the court and include the reasons contact should be limited or prohibited in the court report.

(7)

The caseworker must ensure the Placement with a Fit and Willing Relative Agreement is signed by the fit and willing relative and the Child Welfare program manager within a reasonable time after the court has approved the permanency plan and the relative resource has been identified and approved.

(8)

Within 30 days of the Department or court decision not to approve the fit and willing relative permanency plan, the caseworker must:

(a)

Inform the child or young adult and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010 (Requirements for the Case Plan)(3)(c), the child or young adult’s relative caregivers, parents, attorney, court appointed special advocate, and other persons with significant involvement in the life of the child or young adult; and

(b)

Consult with the child’s or young adult’s case planning team to reconsider other permanency options.

Source: Rule 413-070-1020 — Approval and Implementation of a Fit and Willing Relative Permanency Plan, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-070-1020.

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 413-070-1020’s source at or​.us