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Child Welfare Rule Releases


Effective August 4, 2014

I-A.4.5, Rights of Relatives

I-E.1.1, Search for and Engagement of Relatives

I-E.3.1, Placement Matching

I-E.3.6, Legal Permanency, Concurrent Planning, and Use of Permanency Committee

I-E.3.6.1, Guardianship as a Permanency Plan

I-E.3.6.2, Guardianship Assistance

I-G.1.1, Foster Parent Request for Consideration as a Current Caretaker

I-G.1.2, Identification and Consideration of Potential Adoption Resources

I-G.1.3, Adoption Applications, Adoption Home Studies, and Standards for Adoption

I-G.1.5, Adoption Placement Selection


Effective August 1, 2014

I-G.3.1, Adoption Assistance


Effective July 1, 2014

I-AB.1, Introduction to CPS Rules

I-AB.4, CPS Assessment

I-AB.4.1, Day Care Investigations

I-AB.4.1.2, Differential Response

I-AB.6, Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices

I-B.2.2.3, Department Responsibilities During Screening and Assessment of a Child Abuse or Neglect Report Involving the Home of a Department Certified Foster Parent or Relative Caregiver


Effective June 12, 2014

I-E.6.2, Child Welfare Children’s Medical Eligibility


Effective June 3, 2014

I-A.4.5, Rights of Relatives

I-E.1.1, Search for and Engagement of Relatives

I-E.3.1, Placement Matching

I-E.3.6, Legal Permanency, Concurrent Planning, and Use of Permanency Committee

I-E.3.6.1, Guardianship as a Permanency Plan

I-E.3.6.2, Guardianship Assistance

I-G.1.1, Foster Parent Request for Consideration as a Current Caretaker

I-G.1.2, Identification and Consideration of Potential Adoption Resources

I-G.1.3, Adoption Applications, Adoption Home Studies, and Standards for Adoption

I-G.1.5, Adoption Placement Selection


Effective May 27, 2014

I-AB.1, Introduction to CPS Rules

I-AB.2, Screening

I-AB.4, CPS Assessment

I-AB.4.1, Day Care Facility Investigation

I-AB.4.1.2, Differential Response

I-AB.6, Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices

I-AB.7, Assessment of an Individual as a Safety Service Provider

I-B.1, Monthly Contact and Monitoring Child and Young Adult Safety

I-B.2.2.3, Department Responsibilities During Screening and Assessment of a Child Abuse or Neglect Report Involving the Home of a Department Certified Foster Parent or Relative Caregiver


Effective May 1, 2014

I-G.1.14, Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act


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

 


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Temporary rules August 4, 2014
Rights of Relatives
I-E.1.1 Search for and Engagement of Relatives
I-E.3.1 Placement Matching
I-E.3.6

Legal Permanency, Concurrent Planning, and Use of Permanency Committee

I-E.3.6.1 Guardianship as a Permanency Plan
I-E.3.6.2 Guardianship Assistance
I-G.1.1

Foster Parent Request for Consideration as a Current Caretaker

I-G,1,2 Identification and Consideration of Potential Adoption Resources
I-G.1.3 Adoption Applications, Adoption Home Studies, and Standards for Adoption
I-G.1.5 Adoption Placement Selection
   

 

 

Summary:

 

The Office of Child Welfare Programs is amending the definition of “relative” to address unintended consequences of a recent rule change. The Department changed the definition of “relative” effective June 3, 2014, to clarify the order in which the Department considers potential adoptive and substitute care resources for placement of children in the Department’s custody, specifically where in the order of placement fall birth relatives of children or parents whose prior legal relationship has been dissolved by adoption. The recent change was only intended to include as relatives those blood relatives who are identified as a member of the family by the child or the individual. The change has been interpreted, however, to require the Department to search for blood relatives of an adopted child, to whom the child has no connection. This interpretation may have negative consequences on the adoption process and the child, in addition to creating a practice change and workload increase the Department did not intend nor anticipate. The definition needs to be amended to add language to clarify that only those relatives who are identified as members of the family are included.

 

“Relative” is defined in ten rules in OAR chapter 413, all of which are amended to adopt a consistent definition.

  Contact: Kathy Prouty, 503-947-5358, is the contact for this rule.
   
Final rules August 1, 2014
Adoption Assistance
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending its rules about Adoption Assistance, specifically OAR 413-130-0077 (Eligibility for Nonrecurring Expenses), to be consistent with federal guidance regarding eligibility of a child adopted internationally for reimbursement of nonrecurring expenses. Previously the rule has provided that reimbursement of nonrecurring expenses is prohibited for a child who was adopted outside the United States or was brought to the United States for the purpose of being adopted. Federal requirements provide that the only eligibility criterion for reimbursement of nonrecurring expenses is that the child has special needs. Accordingly, the limitation in OAR 413-130-0077(2) is being removed.

  Contact: Kathy Prouty, 503-947-5358, Carla Crane, 503-945-5998, Gail Schelle, 503-945-5997, are the contacts for these rules.
   
Final rules July 1, 2014
Introduction to CPS Rules
I-AB.2 Screening
I-AB.4 CPS Assessment
I-AB.4.1 Day Care Facility Investigation
I-AB.4.1.2 Differential Response
I-AB.6 Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices
I-B.2.2.3 Department Responsibilities During Screening and Assessment of a Child Abuse or Neglect Report Involving the Home of a Department Certified Foster Parent or Relative Caregiver
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending rules in chapter 413 to assure consistency with and correct errors in rules that were adopted effective May 27, 2014, which implemented a Differential Response (DR) system in Oregon and updated the Oregon Safety Model (OSM) practice, and to implement changes required in SB 1548 (2014) relating to health care practitioners authorized to perform child abuse medical assessments. Specifically:

 

OAR 413-015-0115, which defines terms used in Child Protective Services (CPS) rules, is amended to: (1) change the definition of “domestic violence” so it is not limited to individuals age 18 and over; and (2) correct the definition of “safe” to accurately state that safe means the absence of any threats.

 

OAR 413-015-0409 about exceptions to completing CPS assessment activities is amended to remove a requirement that no longer applies under the Department’s current electronic information system.

 

OAR 413-015-0415 about CPS assessment activities is amended to make the language in paragraph (10)(b)(B) consistent with changes to ORS 419B.023(4)(a) made by Senate Bill 1548, which becomes effective July 1, 2014.

 

OAR 413-015-0420 about making initial contact in a CPS assessment is amended to make language internally consistent.  Changes to paragraph (2)(c)(B) that went into effect May 27, 2014 refer to a decision to delay interview of an alleged perpetrator; these amendments make the language in the same sentence about documenting the decision consistent.

 

OAR 413-015-0432 about developing safety plans is amended to correct an error. Section (6)(d) of the rule requires that an exception granted under subsection (2)(g) of the rule be documented; the exception was removed from subsection (2)(g) effective May 27, 2014, but the documentation requirement was inadvertently left in the rule.

 

OAR 413-015-0540 about making initial contact in an investigation of abuse or neglect in a day care facility is amended to make the language regarding assessment of safety consistent with other OSM rule changes that went into effect May 27, 2014.

 

OAR 413-015-1105, which describes the purpose of the rules about Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices, is amended to make the language about threats consistent with other OSM rule changes that went into effect May 27, 2014.

 

OAR 413-015-9040 about CPS assessments in counties that are implementing DR is amended to correct an error. When this rule was adopted effective May 27, 2014, an exception to determining if the family has moderate to high needs when the family is a Department-certified foster parent or relative caregiver was not included but should have been included, consistent with the rule about CPS assessments that applies in counties that are not implementing DR.

 

OAR 413-200-0414 about Department actions during screening of reports of abuse or neglect in the home of a Department-certified foster parent or relative caregiver is amended to update the agencies to which information is provided, and with whom the Department response is coordinated, when the young adult victim has a physical, developmental, or mental disability, consistent with changes to the CPS screening and assessment rules that went into effect May 27, 2014.

 

  Contact: Deb Carnaghi, 503-947-5418, is the contact for this rule.
   
Final rules June 12, 2014
Child Welfare Children’s Medical Eligibility
   

 

 

Summary:

 

These rules about medical eligibility for Child Welfare children are being changed to permanently adopt, amend, and repeal temporary rule changes effective January 1, 2014 and February 4, 2014; to ensure compliance with federal standards, Oregon’s Medicaid State Plan, and Oregon’s 1115 Demonstration Waiver; and to clarify the rules. The Department applies these rules to determine eligibility for: medical assistance under Title XIX of the Social Security Act for children and young adults in substitute care or under an adoption assistance or guardianship assistance agreement; General Assistance medical for children and young adults not eligible for Title XIX Medicaid; the Former Foster Care Youth Medical Program; and children entering Oregon under an interstate compact agreement. In addition, the rules are rewritten and reorganized to increase clarity, and several rule titles are revised to more accurately reflect the content of the rules.

  Contact: Valerie Rux, 503-945-6654, is the contact for this rule.
   
Final rules June 3, 2014
Rights of Relatives
I-E.1.1 Search for and Engagement of Relatives
I-E.3.1 Placement Matching
I-E.3.6

Legal Permanency, Concurrent Planning, and Use of Permanency Committee

I-E.3.6.1 Guardianship as a Permanency Plan
I-E.3.6.2 Guardianship Assistance
I-G.1.1

Foster Parent Request for Consideration as a Current Caretaker

I-G,1,2 Identification and Consideration of Potential Adoption Resources
I-G.1.3 Adoption Applications, Adoption Home Studies, and Standards for Adoption
I-G.1.5 Adoption Placement Selection
   

 

 

Summary:

 

The Office of Child Welfare Programs is amending the definition of “relative” as it applies to the order in which the Department considers potential adoptive resources and substitute care resources for placement of children and young adults in its custody. The changes clarify where in the order of preference fall birth relatives of children or parents who were adopted and prior foster parents of children who came back into care after having returned home. “Relative” is defined in ten rules in OAR chapter 413, all of which are amended to adopt a consistent definition.  Minor changes were also made to correct formatting and punctuation and reflect new Department terminology.

  Contact: Kathy Prouty, 503-947-5358, is the contact for this rule.
   
Final rules May 27, 2014
Introduction to CPS Rules
I-AB.2 Screening
I-AB.4 CPS Assessment
I-AB.4.1 Day Care Facility Investigation
I-AB.4.1.2 Differential Response
I-AB.6 Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices
I-AB.7 Assessment of an Individual as a Safety Service Provider
I-B.1 Monthly Contact and Monitoring Child and Young Adult Safety
I-B.2.2.3 Department Responsibilities During Screening and Assessment of a Child Abuse or Neglect Report Involving the Home of a Department Certified Foster Parent or Relative Caregiver
   

 

 

Summary:

 

The Department of Human Services, Child Welfare, is adopting, amending, and repealing rules to implement a Differential Response (DR) system in Oregon; update the Oregon Safety Model (OSM) practice and reinforce OSM concepts; update the requirements to notify other agencies of certain reports of abuse; implement HB 2920 (2013); and make other general updates and housekeeping changes. DR moves away from a one-size-fits-all approach to child protection by adding an alternate response track. DR promotes partnering with parents, family, communities, and neighborhoods to keep children safe.

 

In Oregon's DR system, Child Welfare may respond to accepted reports of child abuse or neglect with one of two response paths: traditional or alternative. DR will ultimately be implemented statewide, but will initially be implemented on a county-by-county basis beginning in May, 2014. The Department is adopting rules that will apply only in the counties identified by the Department to implement DR, to provide requirements under the DR system for traditional and alternative response cases. The Department is also amending several rules in OAR chapter 413 to update practice and reinforce concepts consistent with the Oregon Safety Model (OSM), which has been a part of Oregon's child safety practice since 2007.

 

In addition to the changes specified below, the Child Protective Services (CPS) rules in division 015 are being amended to add, define, and consistently use terminology and language consistent with OSM concepts, including: impending danger safety threat; initial safety plan; ongoing safety plan; present danger safety threat; protective action plan; safe; safety threat; safety threshold; severe harm; and unsafe.

 

The rules listed below are also being amended to make other general updates consistent with current Department terminology and practices; to update references to the Department's electronic information system; to correct and update cross-references; to update agency and division names; to correct grammar; to remove unnecessary language; and to clarify rules and processes.

 

The rules on "Differential Response," OAR 413-015-9000 to 413-015-9040, are being adopted to: state the Department's authority and responsibility for child welfare services, the Department's adoption of a differential response system, and the applicability of the rules to counties that have been identified by the Department to implement DR; to state the purposes of DR; to define new terms used in the rules; to provide direction to screeners who will assign reports of child abuse or neglect for a traditional or alternative response assessment; to provide timelines for cases assigned a traditional or alternative response assessment; to provide direction to child protective services (CPS) workers on requirements of all CPS assessments and components that are unique to traditional and alternative response assessments. DR requirements include, in cases with a response time of five calendar days, attempting to schedule initial contact and offering to involve community partners. The rules are further being adopted to: provide direction to CPS workers when the type of CPS assessment is changed from alternative to traditional response; to provide direction to CPS workers when making a decision about child safety, determining whether to open a case, determining if families with safe children have moderate to high needs, and referring families for strengths and needs assessments and community services in appropriate cases; and to provide requirements for documentation, supervisory review, and extensions of time.

 

The rules on "Introduction to CPS Rules," OAR 413-015-0100 to 413-015-0125, are being amended to remove unnecessary language and update and add definitions of terms used in other rules in division 015.

 

The rules on "Screening," OAR 413-015-0200 to 413-015-0225, are being amended to update the process the screener must follow after receipt of information related to a report of alleged child abuse or neglect; to update the process when a screener receives information on an open CPS assessment; to update the requirement to notify other agencies of certain reports of abuse, including adding requirements to notify the Teacher Standards and Practices Commission when a teacher or school administrator is identified as an alleged perpetrator in a report, and to report certain abuse cases to community mental health and developmental disabilities programs and local adult protective services.

 

The rules on "CPS Assessment," OAR 413-015-0400 to 413-015-0485, are being amended to update and more thoroughly describe the activities required when the Department responds to reports of child abuse or neglect, when the CPS worker makes initial contact, and when the CPS worker completes a CPS assessment, consistent with the Oregon Safety Model; to add a rule for when a CPS worker receives new information on an open CPS assessment; to update the requirements to report to, contact, or work with other agencies in certain cases, including providing the Teacher Standards and Practices Commission a completed CPS assessment when a teacher or school administrator is identified as an alleged perpetrator, and to report to community mental health and developmental disabilities programs and local adult protective services in certain cases; to provide guidance for determining if a safety threat is present by applying the safety threshold criteria, for determining the type of safety threat and how it is occurring, and for making decisions about child safety; to provide requirements for developing safety plans and protective action plans; to provide direction for determining whether a family has moderate to high needs; and to put the rules into a more logical sequence.

 

The following rules are also being amended to add and update language and terminology consistent with OSM concepts, consistent with the changes to above CPS rules in division 015: "Day Care Facility Investigation," OAR 413-015-0520 to 413-015-0565; "Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices," OAR 413-015-1100 to 413-015-1125; "Assessment of an Individual as a Safety Service Provider," OAR 413-015-1200 to 413-015-1230; "Monthly Contact and Monitoring Child and Young Adult Safety," OAR 413-080-0040 to 413-080-0067; and "Department Responsibilities During Screening and Assessment of a Child Abuse or Neglect Report Involving the Home of a Department Certified Foster Parent or Relative Caregiver," OAR 413-200-0404 to 413-200-0424. 

 

In addition, the rules on "Access to Law Enforcement Data System (LEDS) in Local Child Welfare Offices," OAR 413-015-1100 to 413-015-1125, are being amended to update the notice that is provided to an individual when the Department conducts a criminal records check in a child abuse or neglect investigation, consistent with changes to ORS 181.557 made by House Bill 2920 (2013) (Oregon Laws 2013, Chapter 322).

  Contact: Deb Carnaghi, 503-947-5418, is the contact for this rule.
   
Final rules May 1, 2014
Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act
   

 

 

Summary:

 

The rules on Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act are being changed to adopt as permanent a temporary rule that expanded the definition of "relative" to include the unrelated parent of a half-sibling and their specified blood relatives, for the purpose of placing the half-siblings together in an intercountry adoption. In addition, the rules are being changed to update related definitions and references and remove unnecessary language.

  Contact: Kathy Prouty, 503-947-5358, is the contact for this rule.
   
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

I-E.6.2

Prior version

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, 503-947-5358, 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, 503-947-5358, 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, 503-947-5358, 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.