OAR 413-100-0240
Judicial Finding Requirements for Title IV-E Eligibility
(A)
The parent has subjected the child to aggravated circumstances including, but not limited to, one of the reasons listed in ORS 419B.340 (Reasonable or active efforts determination)(5)(a);(B)
The parent has been convicted in any jurisdiction of one of the crimes listed in ORS 419B.340 (Reasonable or active efforts determination)(5)(b); or(C)
The parent’s rights to another child have been terminated involuntarily.(a)
When a child is removed pursuant to a court order, the judicial determination must be made in the first court order that sanctions (even temporarily) the removal of a child from home.(b)
When a child is removed pursuant to a voluntary placement agreement, the judicial determination must be made no later than 180 days from the date of the child’s placement.(a)
The judicial determinations regarding contrary to the welfare, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and stated in the court order.
Source:
Rule 413-100-0240 — Judicial Finding Requirements for Title IV-E Eligibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-100-0240
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