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Child Welfare Rule Releases


Effective April 1, 2014

I-B.3.4.1, Interstate Services for Delinquent Juveniles

III-B.1, General Receipting

III-B.2.1, Miscellaneous Payments

III-D.1.1, Criteria for Personal and Professional Services Contracting

III-D.1.1.2, Criminal History Checks for System of Care Contractors

III-D.1.2, Contracts Exempted from Department of Administrative Services Requirements

III-D.2.1, Screening and Selection of Contractors

III-D.3.3, Emergency Contracts

III-D.3.5, Contract Amendments

III-D.3.6, Contract Termination

III-D.3.7, Subcontracting


Effective February 4, 2014

I-E.6.2, Title XIX and General Assistance Medical Eligibility


Effective February 1, 2014

I-E.3.6.2, Guardianship Assistance
I-G.3.1, Adoption Assistance

II-C.1.8, Licensing Outdoor Youth Programs

 

Effective January 1, 2014

I-A.3.2, Confidentiality of Client Information

I-A.4.1, Rights of Children

I-A.4.5, Rights of Relatives

I-E.3.5, Visits and Other Types of Child and Family Contact

I-E.6.2, Title XIX and General Assistance Medical Eligibility

I-G.4, Independent Adoption Services

III-D.1.1, Criteria for Personal and Professional Services Contracting

 


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Repealed rules April 1, 2014
Interstate Services for Delinquent Juveniles

 

 

Summary:

 

The Department of Human Services, Child Welfare Programs, is repealing OAR 413-040-0370, 413-040-0380, and 413-040-0390 regarding Interstate Services for Delinquent Juveniles. The purpose of these rules was to describe the Interstate Compact on Juveniles. Responsibility for the Compact was transferred to the Oregon Youth Authority July 1, 2005. The Department's rules have been superseded by Oregon Youth Authority rules, and these rules are now obsolete.

  Contact: Harry Gilmore, 503-945-6685 is the contacts for these rules.
   
Repealed rules April 1, 2014
General Receipting

Summary:

 

Child Welfare rules OAR 413-310-0000 through 413-310-0095, General Receipting, describe the procedures that were to be followed when the former State Office for Services to Children and Families (SOSCF) processed money that was owed to SOSCF or its clients. Since the time these rules were adopted, the Department has been reorganized. The receipting function now resides in the Department’s centralized Office of Financial Services, and is governed by Department policy. In addition, these rules contain primarily internal business processes that do not need to be in administrative rule. These rules are obsolete and are being repealed.

 

  Contact: Christina Martinez, 503-947-5007, is the contact for these rules.
   
Repealed rules April 1, 2014
Miscellaneous Payments

 

 

Summary:

 

The Office of Child Welfare Programs proposes to repeal the rules for "Miscellaneous Payments". These rules were adopted in 1995 to provide for reimbursement of expenses for foster parents to participate in training. Since that time, the process for reimbursement of training-related expenses has changed. It is addressed in each branch office's biennial training plan as a use of discretionary funds. These rules are no longer current and need to be repealed.

  Contact: Aj Goins, 503-945-6897, and Kevin George, 503-945-5987 are the contacts for these rules.
   
Repealed rules April 1, 2014
Criteria for Personal and Professional Services Contracting
III-D.1.1.2 Criminal History Checks for System of Care Contractors
III-D.1.2 Contracts Exempted from Department of Administrative Services Requirements
III-D.2.1 Screening and Selection of Contractors
III-D.3.3 Emergency Contracts
III-D.3.5 Contract Amendments
III-D.3.6 Contract Termination
III-D.3.7 Subcontracting

 

 

Summary:

 

The Department of Human Services, Child Welfare Programs proposes to repeal rules in OAR chapter 413 that apply to the contracting process. These rules were adopted when Child Welfare’s predecessor division, the former State Office for Services to Children and Families, had its own contracting and procurement unit. Under the Department’s current organizational structure, contracting and procurement functions are centralized in the Office of Contracts and Procurement, and are subject to the Public Contracting Code, Department of Administrative Services rules, and Department of Justice Model Public Contract rules. The following rules no longer apply to Child Welfare contracts, and are proposed to be repealed:


-  OAR 413-330-0000 through 0080 regarding Criteria for Personal and Professional Services Contracting
-  OAR 413-330-0100 regarding Contracts Exempt from Department of Administrative Service Requirements
-  OAR 413-330-0200 through 0360 regarding Screening and Selection of Contractors
-  OAR 413-330-0500 through 0540 regarding Emergency Contracts
-  OAR 413-330-0600 and 413-330-0610 regarding Contract Amendments
-  OAR 413-330-0700 regarding Contract Termination
-  OAR 413-330-0800 through 0830 regarding Sub-Contracting

 

In addition, OAR 413-330-0085 through 0098 regarding Criminal History Checks for System of Care Contractors are proposed to be repealed because these criminal history checks are subject to Department-wide rules in OAR chapter 407. The rules in chapter 413 no longer apply to these background checks.

  Contact: Harry Gilmore, 503-945-6685 is the contacts for these rules.
   
Temporary rules February 4, 2014
Title XIX and General Assistance Medical Eligibility

 

 

Summary:

 

The Department of Human Services, Child Welfare Programs, is adopting OAR 413-100-0457 to provide eligibility criteria for the Former Foster Care Youth (FFCY) Medical program, a new program under the Affordable Care Act which replaced the Chafee Medical Program effective January 1, 2014. The program provides medical coverage to youth who leave Oregon State or Tribal foster care at age 18 or older, up to their 26th birthday. The Oregon Health Authority’s Office of Client and Community Services adopted a temporary rule (OAR 410-200-0406) effective Oct. 1, 2013 that provided eligibility requirements for the program. Since that time administration of the program transferred to Child Welfare, and OHA has suspended its temporary rule. This rule is being adopted in Child Welfare’s rules in chapter 413 to replace the OHA rule, and applies to all individuals considered for enrollment in FFCY Medical on or after January 1, 2014.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Sherril Kuhns, 503-945-6679, is the contact for these rules.
   
Final rules February 1, 2014
Guardianship Assistance

 

 

Summary:

 

These rules (OAR 413-070-0900 to 413-070-0974) about guardianship assistance are being amended to update and clarify various requirements and processes related to guardianship assistance. These rules are being amended to include cases in which the child is in the care or custody of a tribe rather than the Department, and to clarify that certain timeframes are to be counted in calendar days. OAR 413-070-0905 is also being amended to update the circumstances in which a foster parent may be considered a relative for purposes of guardianship assistance. OAR 413-070-0909 is also being amended to remove language that no longer applies regarding non-relative guardianship assistance. OAR 413-070-0917 is also being amended to clarify the documentation requirements and timeframes for requests for extensions of guardianship assistance for young adults. OAR 413-070-0934 is also being amended to add a timeframe when negotiation of the guardianship assistance agreement is delayed. OAR 413-070-0939 is also being amended to update and streamline the review process when there is disagreement about the base rate payment. OAR 413-070-0964 is also being amended to remove the requirement to submit a copy of the annual report to the Department; to add language allowing the Department to provide information to the guardian, court, or tribe; to request information from guardians, and to establish a timeframe for guardians to respond to inquiries from the Adoption Assistance and Guardianship Assistance Unit. OAR 413-070-0974 is also being amended to state that a child receiving guardianship assistance who is subsequently adopted by the guardian may be eligible for adoption assistance.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Kathy Prouty, 503-945-5358, Carla Crane, 503-945-5998, Gail Schelle, 503-945-5997, are the contacts for this rule.
   
Final rules February 1, 2014
Adoption Assistance

 

 

Summary:

 

These rules (OAR 413-130-0000 to 413-130-0130) about adoption assistance are being amended to update and clarify various requirements, processes, and cross-references related to adoption assistance. Several rules are being amended to clarify that certain timeframes are to be counted in calendar days. OAR 413-130-0010 and 413-130-0080 are also being amended to raise the cap on nonrecurring adoption expenses that the Department may reimburse. OAR 413-130-0050 is also being amended to add a timeframe when negotiation of the adoption assistance agreement is delayed. OAR 413-130-0055 is also being amended to clarify the documentation requirements and timeframes for requests for extensions of adoption assistance for young adults. OAR 413-130-0070 is also being amended to update and streamline the review process when there is disagreement about the base rate payment. OAR 413-130-0130 is also being amended to clarify the circumstances in which historic information about the child can be reviewed.

 

In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Kathy Prouty, 503-945-5358, Carla Crane, 503-945-5998, Gail Schelle, 503-945-5997, are the contacts for this rule.
   
Final rules February 1, 2014
Licensing Outdoor Youth Programs

 

 

Summary:

 

These rules (OAR 413-130-0000 to 413-130-0130) about adoption assistance are being amended to update and clarify various requirements, processes, and cross-references related to adoption assistance. Several rules are being amended to clarify that certain timeframes are to be counted in calendar days. OAR 413-130-0010 and 413-130-0080 are also being amended to raise the cap on nonrecurring adoption expenses that the Department may reimburse. OAR 413-130-0050 is also being amended to add a timeframe when negotiation of the adoption assistance agreement is delayed. OAR 413-130-0055 is also being amended to clarify the documentation requirements and timeframes for requests for extensions of adoption assistance for young adults. OAR 413-130-0070 is also being amended to update and streamline the review process when there is disagreement about the base rate payment. OAR 413-130-0130 is also being amended to clarify the circumstances in which historic information about the child can be reviewed.

 

In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Tom van der Veen, 503-947-5140, Aubrey Roach, 503-945-6688, are the contacts for this rule.
   
Final rules January 1, 2014
Confidentiality of Client Information

 

 

Summary:

 

These rules about confidentiality of client information are being amended to implement changes made by Senate Bills (SB) 622 and 623 (2013), to update the rules, and keep them consistent with other Department wide rules that apply to child welfare programs. SB 622 relating to juvenile court proceedings clarifies the records that are contained in juvenile court files, the confidential nature of those records, and the rights of access to those records. SB 623 relating to adoption proceedings allows the Department to access, use, or disclose sealed adoption records in its possession without a court order for the purpose of providing adoption services or administering child welfare services. In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Cathy Ostrand-Ponsioen, (503) 945-6287 is the contact for these rules.
   
Final rules January 1, 2014
Rights of Children

 

 

Summary:

 

These rules about the rights of children and young adults are being changed to implement Senate Bill 123 (2013), which requires the Department to adopt rules establishing the Oregon Foster Children's Bill of Rights. The rule changes clarify the existing rights of every child and young adult in the Department's custody, and highlight the rights of children and young adults in substitute care. The rules also specify the Department's responsibilities to implement SB 123.

 

In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Aj Goins, 503-945-6897, and Kevin George, 503-945-5987 are the contacts for these rules.
   
Final rules January 1, 2014
Rights of Relatives
Visits and Other Types of Child and Family Contact

 

 

Summary:

 

These rules about rights of relatives, visits, and other types of child and family contact are being changed as part of the implementation of House Bill 3249 (2013) relating to grandparent rights which (1) requires the Department to make diligent efforts to identify and obtain contact information for legal grandparents of a child in the Department's custody and give the grandparents notice of hearings concerning the child; (2) gives the grandparents the opportunity to be heard at hearing; and (3) provides that grandparents may ask for court-ordered visitation or other contact with the child. These rules are also being amended to clarify and update terminology and references.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Kathy Prouty, 503-945-5358, Carla Crane, 503-945-5998, Gail Schelle, 503-945-5997, are the contacts for this rule.
   
Temporary rules January 1, 2014
I-E.6.2
Prior version
Title XIX and General Assistance Medical Eligibility

 

 

Summary:

 

These rules about Title XIX and General Assistance Medicaid Eligibility for children and young adults in substitute care or under an adoption assistance or guardianship assistance agreement are being changed to clarify the rules and to remove earned income and resources as eligibility criteria for Child Welfare Title XIX Medicaid, consistent with Oregon's Medicaid State Plan Amendment. OAR 413-100-0400 (Purpose) is amended to clarify to whom these rules apply. OAR 413-100-0410 (Definitions) is amended to include definitions of terms used in the rules which were not previously defined, and to remove definitions of terms no longer used. OAR 413-100-0420 (Child Welfare Title XIX Medicaid Program Eligible Populations) is amended to more clearly describe the populations to which these rules apply. OAR 413-100-0430 (Eligibility Determination for Children in Substitute Care) is amended for clarity. Language from other rules is moved into this rule to provide greater clarity regarding the eligibility determination. OAR 413-100-0440 (Earned Income), 413-100-0450 (Resources), and 413-100-0500 (Lump Sum) are suspended as earned income and resources are no longer considered in determining eligibility. OAR 413-100-0435 (Title XIX Medicaid Eligibility for Children and Young Adults Receiving Adoption Assistance or Guardianship Assistance) is adopted because this topic was not previously addressed in the rules. In addition, independent and private adoptions are now addressed. OAR 413-100-0445 (Youth in Detention) is amended to clarify when youth in detention may be eligible for Child Welfare Title XIX Medicaid. OAR 413-100-0455 (Out-of-State Placements) is amended to add language regarding children and young adults not eligible for Title IV-E benefits. OAR 413-100-0460 (Citizenship and Alienage) is amended to include applicable language from OAR 461-120-0125 regarding qualified non-citizens, and to remove redundant language. OAR 413-100-0470 (Social Security Number), 413-100-0480 (Retroactive Eligibility), 413-100-0490 (Assignment of Medical Benefits), 413-100-0520 (Reviews), and 413-100-0540 (GA Medical Policy) are suspended and the topics previously addressed in those rules are now addressed in 413-100-0430. OAR 413-100-0510 (Title XIX Coverage) is suspended as it is no longer needed. OAR 413-100-0530 (Compliance) is amended to provide more specificity and update references. OAR 413-100-0550 (Non-Paid Relative Placements) and 413-100-0600 (Children in Residential Care with Payment by Another Public Agency) are suspended because these populations are now addressed in 413-100-0420. OAR 413-100-0560 (Medical Eligibility for Children in Adoptive Homes) is suspended and the topic is now addressed in 413-100-0435. OAR 413-100-0610 (Temporary Medical Card Issuance) is suspended as it is procedure that does not need to be addressed in administrative rule.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Sherril Kuhns, 503-945-6679, is the contact for these rules.
   
Final rules January 1, 2014
Independent Adoption Services

 

 

Summary:

 

OAR 413-140-0000 to 413-140-0120 about non-departmental adoptions (formerly called independent adoptions) are being changed to reflect new legislation (SB 623, 2013) that goes into effect in January 2014. These rule changes also clarify the role and administrative procedures of the Department for non-departmental adoptions. Additionally, these rule changes also modify fees that may impact the public.

 

OAR 413-140-0000 about the purpose of the independent adoption rules is being amended to better describe the purposes of the rules about non-departmental adoptions.

 

OAR 413-140-0010 about definitions used in the non-departmental adoption rules is being amended to adjust the definitions certain common terms as used in the revised rules.

 

OAR 413-140-0026 is being amended to set out the current requirements regarding service of an adoption petition upon the Department.

 

OAR 413-140-0030 about required documentation is being amended to update which documents will be considered, consistent with SB 623, when determining whether the Department may issue a waiver of the 90-day waiting period, adoption home study, or placement report.

 

OAR 413-140-0031 is being adopted to describe administrative procedures followed by the Department once an adoption petition has been served upon the Department.

 

OAR 413-140-0032 is being adopted to summarize the types of waivers that may be granted by the Department as well as to describe eligibility for those waivers and required documentation to obtain each waiver. The policy on waivers had been set out in OAR 413-140-0035.

 

OAR 413-140-0033 is being adopted to comply with ORS 109.309(7)(a) by setting forth administrative rules regarding minimum standards for Oregon adoptive homes.

 

OAR 413-140-0035 is being amended to set out conditions that must be met in order for an adoption home study to be considered valid in a Non-Departmental adoption. This rule is also being amended to remove the Department policy on waivers, which will be set out in OAR 413-140-0032, and the policy on fees which will be covered in OAR 413-140-0047.

 

OAR 413-140-0040 is being amended to revise the Department’s procedures for placement report assignments and completion, remove the policy about the placement report fee (which will be covered in OAR 413-140-0047), and remove the policy about waiver of the report (which will be covered in OAR 413-140-0032).

 

OAR 413-140-0045 about waiver of fees is being repealed because this policy will be addressed in OAR 413-140-0047.

 

OAR 413-140-0047 is being adopted to set out the fees for the placement report (previously in OAR 413-140-0040). Under this rule, the maximum allowable fee that can be charged is increasing. This rule changes the fee policy associated with Non-Departmental adoptions and revises steps the public must take to obtain a waiver of those fees.

 

OAR 413-140-0055 about limits to adoption is being repealed because this policy will be set out in OAR 413-140-0035.

 

OAR 413-140-0065 is being amended to state the types of background checks required for the Department to consider a home study waiver request.

 

OAR 413-140-0080 about interviewing birth parents and OAR 413-140-0120 about storage and destruction of information about adoptions are being repealed because these topics do not need to be set out in Department rules.

 

OAR 413-140-0110 about release of information and confidentiality is being amended to implement SB 623 (2013) and clarify cross-references to other rules.

 

In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Carla Crane, 503-945-5998, and Tina Spencer, 503-945-5670, are the contact for these rules.
   
Temporary rules January 1, 2014
Criteria for Personal and Professional Services Contracting

 

 

Summary:

 

These Child Welfare rules regarding criteria for personal and professional services contracting are being suspended because they are no longer needed, and they contain language that could be interpreted to be inconsistent with the recent directive that state agencies recognize same-sex marriages validly performed in other jurisdictions for purposes of administering Oregon law. The contracting and procurement functions are now centralized in the Department's Office of Contracts and Procurement, and are subject to the Public Contracting Code, Department of Administrative Services rules, and Department of Justice Model Public Contract rules. In the meantime, these rules regarding criteria for personal and professional services contracting are being suspended to eliminate any inconsistency.

 

In addition, the above rules may also have been changed to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Harry Gilmore, 503-945-6685 is the contacts for these rules.