ORS 419B.358
Independent assessment


(1)

The Department of Human Services shall ensure that an independent, qualified individual assesses the strengths and needs of each child or ward the department places in a qualified residential treatment program described in ORS 419B.356 (Qualified residential treatment program).

(2)

The assessment described in this section may occur prior to the child’s or ward’s placement in the program, but shall occur no later than 30 days following the date of placement.

(3)

The assessment described in this section must, at a minimum:

(a)

Assess the strengths and needs of the child or ward using an age-appropriate, evidence-based, validated, functional assessment tool;

(b)

Determine whether the needs of the child or ward can be met with family members or through placement in a foster family home or, if not, which setting would provide the most effective and appropriate level of care for the child or ward in the least restrictive environment and be consistent with the short-term and long-term goals for the child or ward, as specified in the permanency plan for the child or ward; and

(c)

Develop a list of individualized, specific short-term and long-term mental and behavioral health goals.

(4)

(a) The qualified individual conducting the assessment shall work in conjunction with the child’s or ward’s family and permanency team, including:

(A)

Appropriate biological family members, relatives and fictive kin of the child or ward;

(B)

Appropriate professionals who are a resource to the family of the child or ward, including teachers and medical or mental health providers who have treated the child or ward;

(C)

Clergy; or

(D)

If the child or ward has attained the age of 14 years, individuals selected by the child or ward.

(b)

The department shall document the following in the child’s or ward’s case plan:

(A)

The reasonable and good faith efforts of the department to identify and include all of the individuals identified in paragraph (a) of this subsection on the child’s or ward’s family and permanency team.

(B)

Contact information for members of the child’s or ward’s family and permanency team and for any of the child’s or ward’s family members or fictive kin who are not part of the child’s or ward’s family and permanency team.

(C)

Evidence that meetings of the family and permanency team, including meetings related to the required assessment, are held at a time and place convenient for the child’s or ward’s family.

(D)

If reunification is the goal, evidence demonstrating that the parent from whom the child or ward was removed provided input on the members of the family and permanency team.

(E)

Evidence that the assessment is determined in conjunction with the family and permanency team.

(F)

If the setting recommended by the qualified individual conducting the assessment is different than the placement preferences of the family and permanency team and of the child or ward, the reasons why the preferences of the team and of the child or ward were not recommended.

(5)

If the qualified individual conducting the assessment determines the child or ward should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the child or ward cannot be met by the family of the child or ward or in a foster family home. A shortage or lack of foster family homes is not a valid reason for not placing a child or ward in a foster family home under this subsection. The qualified individual shall specify in writing why the recommended placement in a qualified residential treatment program is the setting that will provide the child or ward with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child or ward, as specified in the child’s or ward’s permanency plan.

(6)

As used in this section:

(a)

“Fictive kin” has the meaning given that term by the department by rule.

(b)

Unless the department receives a federal waiver, “qualified individual” means an individual who is:

(A)

A trained professional or licensed clinician;

(B)

Not an employee of the department or of the Oregon Health Authority; and

(C)

Not connected to, or affiliated with, any placement setting in which children or wards are placed by the department. [2019 c.619 §6]
Note: See note under 419B.356 (Qualified residential treatment program).
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


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May. 15, 2020