OAR 413-115-0060
Active Efforts
(a)
Involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan;(b)
Be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe whenever possible;(c)
Be conducted in partnership with the Indian child and the Indian child’s parents, Indian custodians, extended family members and the tribe whenever possible;(d)
Be tailored to the facts and circumstances of the case; and(e)
Be designed to ameliorate the need for removal.(2)
During a CPS assessment and prior to a determination that the child must be removed from the home of the parents or Indian custodian, the Department must engage in active efforts and offer services of a remedial nature designed to rehabilitate and prevent the breakup of the Indian family. These active efforts must include efforts to:(a)
Counsel and modify the behavior of the parents or Indian custodian.(b)
Ameliorate any imminent physical damage or harm.(3)
The Department must involve the Indian child’s extended family members, tribe(s), and tribal organizations at the earliest possible point during the assessment to reduce the potential for cultural bias when evaluating home and family conditions and making decisions affecting Indian children and families.(4)
In order to demonstrate that active efforts have been made, the Department must, at a minimum:(a)
Assure that due consideration has been given to the cultural needs and values of the family and that resources have been diligently sought to provide services to the family.(b)
Collaborate with the parent, parents or Indian custodian, the tribe, and the Indian child, if the Indian child is competent, when formulating the case plan.(c)
Actively assist and engage with the parent, parents or Indian custodian, overcome barriers in achieving the case plan objectives and work with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs to prevent the breakup, or support the reunification of the family. Considering alternative options to address the needs of the Indian child’s parents., Indian custodian or extended family members. Monitoring progress and participation in the services.(d)
Contact the tribe, potential service providers within the child’s tribal community and other community resources to identify placement resources and culturally appropriate services.(e)
Contact and consult with the Indian child’s extended family members and the tribe, to determine whether additional support for the Indian child and the Indian child’s parents is available from any extended family member.(f)
Tailor the case plan to the facts and circumstances of the case.(g)
Document the active efforts in the Department’s information system.(h)
Be documented in detail in writing and on the record during court proceedings.(i)
Providing post-reunification services and monitoring for the duration of juvenile court’s jurisdiction; and(j)
Any other efforts that are appropriate to the Indian child’s circumstances.(k)
taking steps to keep the Indian child and the Indian child’s siblings together whenever possible.(L)
supporting regular visits with the Indian child’s parent or Indian custodian in the most natural setting possible, as well as trial home visits during any period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child.(m)
Identifying community resources, including housing, financial assistance, employment training, transportation, mental health, health care, substance abuse prevention and treatment, parent training, transportation and peer support services and actively assisting the Indian child’s parents or, when appropriate, the Indian child’s extended family members, in utilizing and accessing those resources.
Source:
Rule 413-115-0060 — Active Efforts, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0060.