Summary:

OAR 413-200-0404, 413-200-0409, 413-200-0414, 413-200-0419, and 413-200-0424 about 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 are being amended to make permanent changes adopted by temporary rule on September 1, 2011 that reflect current Department practice under a new database system and a redesigned structure in which the written assessment is located and assigned to a family and a child. These amendments also extend the use of consistent definitions and terminology, and remove references to positions no longer in the Department.

 

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

 

Summary:

These rules about enhanced supervision and supervision planning are being changed because the Department is clarifying the structure in which decisions regarding level of care payments are made for guardianship assistance and adoption assistance. These rules are also being amended to fully implement the Fostering connection to Success and Increasing Adoptions Act of 2008 (122 Stat. 3949-3981) that provide for guardianship assistance payments and adoption assistance payments for eligible children up to age 21. These rules are also being amended to explain the Department's responsibility for decision-making in level of care payments. Most of these rule changes make permanent changes adopted by temporary rule on June 30, 2011.

 

OAR 413-020-0200 about the purpose of the Department's rules (OAR 413-020-0200 to 413-020-0255) regarding the Department's responsibilities regarding enhanced supervision is being amended to clarify the purpose of the rules.

 

OAR 413-020-0210 about the definitions of key terms used in these rules is being amended to add current and remove and revise outdated definitions of certain terms used throughout these rules.

 

OAR 413-020-0230 about the referral for and review of the CANS screening is being amended to restate the referral and review of CANS screenings for children and young adults in substitute care and children and young adults receiving or about to receive guardianship assistance or adoption assistance.

 

OAR 413-020-0233 about when a supervision plan is required is being amended to restate when a supervision plan is or is not required subsequent to determination that a child needs enhanced supervision.

 

OAR 413-020-0236 is being amended to restate the Department responsibilities for supervision plans and use of physical restraint.

 

OAR 413-020-0240 is being amended to restate the limitations and reporting requirements when a physical restraint is used.

 

OAR 413-020-0245 is being amended to restate the monitoring responsibilities of the Department when a child or young adult has a supervision plan.

 

OAR 413-020-0255 is being amended to restate training required for planned use of physical restraint.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Summary:

OAR 413-070-0063 is being amended to clarify the definition of the term relative as used in rules that set out the Department's responsibility to search for and engage a child or young adult's relatives. This amendment also aligns the definition with the definition of the term "relative" used in other child welfare rules, and makes permanent changes to this rule adopted by temporary rule on June 30, 2011.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

Summary:

OAR 413-070-0900 about the purpose is being amended to clarify the rule and to indicate that the rules now cover guardianship assistance that may be extended for certain young adults.

 

OAR 413-070-0905 about definitions of certain terms used in the guardianship assistance rules is being amended to add current and remove or revise outdated definitions of certain terms used throughout these rules.

 

OAR 413-070-0909 about funding of guardianship assistance is being amended to explain and update the funding sources for guardianship assistance, and indicate that new guardianship assistance will not be available for non-relative guardians.

 

OAR 413-070-0917 about eligibility is being amended to describe federal changes regarding establishment of guardianship assistance for a child placed outside of the United States, correct references, clarify caseworker duties regarding guardianship, set out sibling eligibility for guardianship assistance purposes, and describe the conditions for an extension of guardianship assistance on behalf of certain young adults. The temporary rule currently in place will be changed in the permanent rule to clarify the condition under which a child who is turning 18 and has a developmental disability may qualify for an extension of guardianship assistance.

 

OAR 413-070-0919 about eligibility and requirements for a child or young adult in the care or legal custody of a participating tribe is being amended to correct references, update terminology, and clarify requirements for child placement.

 

OAR 413-070-0925 about eligibility of a potential guardian is being amended to implement new federal education requirements for guardianship assistance and to remove what is now stated in Child Welfare Policy I-E.3.6.1, Guardianship as a Permanency Plan, OAR 413-070-0665(2).

 

OAR 413-070-0929 about determination of permanency plan for guardianship is being repealed because this topic is now covered in Child Welfare Policy I-E.3.6.1, Guardianship as a Permanency Plan, OAR 413-070-0651 to 413-070-0670.

 

OAR 413-070-0934 about application requirements and responsibilities is being amended to clarify Department responsibilities and situations that might delay the negotiation of guardianship assistance base rate.

 

OAR 413-070-0939 about guardianship assistance payments, medical assistance, and nonrecurring guardianship expenses is being amended to clarify and describe the guardianship assistance negotiation and review process. This rule is also being amended to describe requirements for medical assistance and social services, nonrecurring guardianship expenses, and overpayment responsibilities.

 

OAR 413-070-0944 about legal expenses of a guardian is being amended to clarify the legal expenses that are not authorized for reimbursement by the Department. This rule is also being amended to remove language about funding establishment of a guardianship because the topic is now covered in OAR 413-070-0949.

 

OAR 413-070-0949 about guardianship assistance agreement requirements is amended to more clearly explain what must be included in a guardianship assistance agreement and to indicate how this rule applies to young adults.  The temporary rule currently in place will be changed in the permanent rule to indicate that guardianship assistance can continue when a child or young adult moves out of the guardian’s home for school or work if the guardianship assistance agreement so states.

 

OAR 413-070-0959 about court order of guardianship and OAR 413-070-0964 about changes guardians must report and annual reports guardian must provide are being amended to update and clarify these rules.

 

OAR 413-070-0964 about information guardians must report to the Department (and which was not amended by temporary rule) is being amended to clarify the circumstances and occurrences that a guardian needs to report to the Department.

 

OAR 413-070-0969 about renegotiation of a guardianship assistance agreement is being amended to update terminology and clarify the renegotiation process.

 

OAR 413-070-0970 about guardianship social support services is being amended to cover only topics that need to be in a rule.

 

OAR 413-070-0974 about review, adjustment, suspension, and termination of guardianship assistance is being amended to clarify the conditions under which guardianship assistance may be reviewed by the Department and how changes or termination of that agreement are made. This rule is also being amended to set out how this rule applies to a young adult who has an extension of guardianship assistance. The temporary rule currently in place will be changed in the permanent rule to more fully explain the conditions under which a guardianship assistance agreement may be reviewed, adjusted, suspended, terminated, and expire.

 

OAR 413-070-0979 about the guardianship assistance review committee and appeals procedure is being repealed because this topic is now covered in OAR 413-070-0939.

These rules are also being amended to make permanent the temporary rule changes adopted June 30, 2011.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

Summary:

These rule changes are part of the implementation of PL 110-351 Fostering Connections to Success and Increasing Adoptions Act of 2008 (122 Stat. 3949 - 3981) for Title IV-E eligibility. OAR 413-100-0135 is being amended to clarify the removal and specified relative criteria as it applies to children ages 0 through 17, and to young adults, ages 18 through 20. OAR 413-100-0150 is being amended to explain that OASDI means Old-Age, Survivors, and Disability Insurance (OASDI) so the rule can be better understood by Department staff or the public. These rule changes make permanent changes adopted by temporary rule on June 30, 2011.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

Summary:

OAR 413-100-0905 defining certain terms used in rules about educational services for a child or young adult in substitute care is being changed to define the term "child"

 

OAR 413-100-0915 about ensuring the enrollment of a child or young adult in substitute care in school or an educational setting is being amended to clarify the approval process for international study, clarify who has responsibilities for decision making on a child's school or educational setting, and clarify the Department's responsibilities to maintain a child in full time attendance in school, except for medical reasons, under Chapter 581 of the Oregon Administrative Rules.

 

OAR 413-100-0925 about consent for special education services for a child or young adult in substitute care is being amended to clarify authority to consent to special education services for a young adult.

 

OAR 413-100-0930 about the right to a child's education records for a child in substitute care is being amended to clarify the protections for special education records.

 

The above rules are also being amended to make permanent changes adopted by temporary rules on June 30, 2011. These rules along with OAR 413-100-0900, 413-100-0910, 413-100-0920, and 413-100-0940 are also being amended to identify defined terms.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

Summary:

OAR 413-120-0420 and 413-120-0460 are being amended and OAR 413-120-0470 is being suspended to bring the rules about background check requirements for relative caregivers, foster parents, adoptive parents, and other persons in household into alignment with the new certification rules with respect to the background check requirements for respite providers and the contested case hearing rights of applicants who have been denied.

Summary:

OAR 413-130-0000 is being amended to clarify the purposes of the rules about adoption assistance and to explain when adoption assistance may be extended for certain young adults.

 

OAR 413-130-0010 is being amended to add current and revise or remove outdated definitions of terms used throughout the rules about adoption assistance.

 

OAR 413-130-0015 is being adopted to describe the methods of funding for adoption assistance (state or federal funds) and how the Department responds to adoption assistance applications when neither are available.

 

OAR 413-130-0020 about special needs determination for adoption assistance eligibility is being amended to clarify the special needs determination requirements.

 

OAR 413-130-0030 about eligibility for nonrecurring expenses is being renumbered to OAR 413-130-0077.

 

OAR 413-130-0040 about eligibility for an adoption assistance payment is being amended to revise its description of federal requirements. This rule is also being amended to revise its description of when state-funded adoption assistance may be provided for children.

 

OAR 413-130-0045 about the connection between a child's immigrant status and adoption assistance is being repealed. This topic is being covered in OAR 413-130-0040.

 

OAR 413-130-0050 is being amended to revise the description of adoption assistance application requirements and responsibilities and give timelines for the negotiation process of adoption assistance base rate.

 

OAR 413-130-0055 is being adopted to implement HB 2052 (2011), which implements the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, allowing extension of adoption assistance for certain young adults. This rule is also being amended to clarify the conditions under which a child who is turning 18 may be eligible to extend adoption assistance and to explain how a child with a developmental disability may qualify for an extension of adoption assistance.

 

OAR 413-130-0060 about written agreements between the Department and adoptive or pre-adoptive families when there is no current need for adoption assistance benefits is being repealed because the topic is now covered in OAR 413-130-0070.

 

OAR 413-130-0070 is being amended revise the policies about the negotiation of adoption assistance base rate, level of care requirements, and the review process when an agreement cannot be reached during negotiation.

 

OAR 413-130-0075 is being amended to update terminology and clarify the conditions under which a pre-adoptive family or adoptive family can request a renegotiation of an adoption assistance agreement.

 

OAR 413-130-0077 is being renumbered from OAR 413-130-0030 and amended to comply with federal requirements regarding citizenship or residency in the U.S. for an adopted child to receive nonrecurring adoption expenses.

 

OAR 413-130-0080 is being amended to update terminology and references, and clarify the expenses that the Department will reimburse for nonrecurring expenses.

 

OAR 413-130-0090 is being amended to clarify Department authorization of a special payment for unanticipated short-term costs directly related to the special needs of a child or young adult.

 

OAR 413-130-0100 about medical assistance and social services is being amended to remove topics now covered in Child Welfare Policy I-E.6.2, "Title XIX and General Assistance Medical Eligibility", OAR 413-100-0400 to 413-100-0610.

 

OAR 413-130-0110 is being amended to reorganize and make the rule easier to understand. It also sets out new federal education requirements for adoption assistance and the policies about changes of payees and overpayments.

 

OAR 413-130-0115 about the adoption assistance review committee and appeals procedure is being repealed because this topic is now covered in OAR 413-130-0070.

 

OAR 413-130-0125 is being amended to state when adjustments may and may not be made to adoption assistance. This rule also sets out the policy about automatic expiration of an adoption assistance agreement. This rule is also being amended to state how an adoption assistance payment may be modified by an across-the-board increase or reduction.

 

OAR 413-130-0130 is being amended to clarify the conditions under which the Department may consider adoption applications after a judgment of adoption has been issued.

 

Most of these rule changes make permanent temporary rule changes adopted June 30, 2011.

 

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

 

Written comments may be submitted until October 28, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

Summary:

These rules (OAR 413-200-0301 through 413-200-0396) about certification standards for foster parents, relative caregivers, and potential adoptive resources are being amended to promote child safety, clarify the certification standards, clarify when a declaration of citizenship status is required, prohibit electronic monitoring devices as a mechanism to manage behavior, and update the rules to match current practices.

 

OAR 413-200-0301 about the purpose of the Department's rules regarding the certification standards is being amended to clarify the purpose of the rules.

 

OAR 413-020-0306 about the definitions of key terms used in these rules is being amended to add current and remove and revise outdated definitions of certain terms used throughout these rules.

 

OAR 413-200-0308 about the personal qualifications of applicants and certified families is being amended to add current personal qualifications and clarify when declaration of citizenship status is required.

 

OAR 413-200-0314 is being amended to restate the process to apply to become a certified family or an approved adoptive applicant.

 

OAR 413-200-0335 about the certification standards regarding the home environment is being reorganized and amended to clarify when carbon-monoxide detectors are required.

 

OAR 413-200-0348 about the number of children and young adults in the home is being amended to clarify maximum numbers of children in the home.

 

OAR 413-200-0352 is being amended to restate that a certified family must work cooperatively with the Department regarding specific care requirements for a child or young adult.

 

OAR 413-200-0354 is being amended to restate the requirements that a certified family has regarding monitoring the ongoing progress of a child's education.

 

OAR 413-200-0358 about certification standards regarding a child's discipline is being amended to clarify differences between discipline and punishment.  It is also being amended to state when specific training is required if physical restraint is used.

 

OAR 413-200-0362 about a child's physical and mental health care is being amended to clarify the certified family's responsibilities in ensuring appropriate physical and mental health care and documentation requirements.

 

OAR 413-200-0371 is being amended to clarify the type of criminal history background check required for a respite care provider.

 

OAR 413-200-0379 about required training is being amended to state when individualized training plans can be approved by the Department.

 

OAR 413-200-0383 about notifications is being amended to clarify when the Department must be notified of changes in the home, surrounding property or type of care which the certified family wishes to provide.

 

OAR 413-200-0388 is being amended to clarify the purpose of the assessment of the certified home during a home visit.

 

OAR 413-200-0390 about maintaining a certificate of approval is being amended to state circumstances when a certificate will not expire.

 

OAR 413-200-0393 about inactive referral status is being amended to correct the title of a related set of administrative rules.

 

OAR 413-200-0394 is being amended to clarify circumstances when a certificate of approval is terminated and when a certificate of approval does not expire.

 

OAR 413-200-0395 is being amended to clarify the circumstances when a certificate will not expire during a revocation process.

 

OAR 413-200-0396 is being amended to update the rule and make it consistent with other rules about the contested case process.

 

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

Written comments may be submitted until November 25, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

 

The Department requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Summary:

These rules (OAR 413-200-0270 through 413-200-0296) about Department responsibilities for certification and supervision of foster parents, relative caregivers, and adoptive applicants are being amended to promote child safety, clarify the Department's responsibilities, clarify when declaration of citizenship status is required, prohibit electronic monitoring devices as a mechanism to manage behavior, and update the rules to match current practices.

 

OAR 413-200-0270 about the purpose of the Department's rules concerning Department responsibilities for certification and supervision of foster parents, relative caregivers, and adoptive applicants is being amended to clarify the purpose of the rules, making the distinction between a certified family and an adoptive applicant.

 

OAR 413-200-0272 about the definitions of key terms used in these rules is being amended to add current and remove and revise outdated definitions of certain terms used throughout these rules.

 

OAR 413-200-0274 about the responsibilities for certification of foster parents and relative caregivers and assessment of an adoptive applicant is being amended to clarify the processes which must be completed during the assessment and certification of a foster parent or relative caregiver, and the assessment of an adoptive applicant.

 

OAR 413-200-0276 about determining the maximum number of children placed in the home is being amended to clarify how the Department determines the maximum number for which the home is certified.

 

OAR 413-200-0278 about the Department responsibilities for issuing a certificate of approval is being amended to state the responsibilities of the supervisor for both expedited and two-year certificates of approval.

 

OAR 413-200-0281 is being amended to clarify requirements regarding respite providers  and babysitters and to state when criminal history checks will be conducted on respite providers.

 

OAR 413-200-0283 is being amended to state the timeframes for home visits during the period of an expedited certificate of approval.

 

OAR 413-200-0285 is being amended to clarify when a Placement Support Plan is required.

 

OAR 413-200-0287 is being amended to state the responsibilities for recertification of a home and to describe circumstances when a two year certificate of approval will not expire.

 

OAR 413-200-0289 is being amended to state when a child-specific certificate of approval will terminate.

 

OAR 413-200-0292 is being amended to state circumstances when individualized training plans may be approved in connection with the recertification of a previously certified home.

 

OAR 413-200-0294 is being amended to clarify certifier responsibilities for inactive referral status.

 

OAR 413-200-0296 is being amended to state circumstances when a certificate of approval must be revoked and circumstances when, despite an expiration date, a certificate of approval will not expire.

 

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

Summary:

OAR 413-010-0500 is being amended to restate the purposes of the contested case hearing rules and the policies about hearing rights, applicable rules, and computation of time. This rule is also being amended to remove definitions, which will be located in OAR 413-010-0501 and to remove its description of policies about representation which will be located in OAR 413-010-0502.

 

OAR 413-010-0501 about the definitions is being adopted to set out definitions of certain terms used in the contested case rules. The definitions of some of the terms previously defined in OAR 413-010-0500 are being revised.

 

OAR 413-010-0502 about representation in contested cases and who may attend a hearing is being adopted to set out set out and revise policies on this topic. These topics were previously covered in OAR 413-010-0500.

 

OAR 413-010-0505 about hearing requests is being amended to clarify and correct references in the rule.

 

OAR 413-010-0510 about the notice for a contested case hearing is being amended to more clearly specify that the required contents of a notice on the topic of the Department’s right to recover payments made pending a hearing decision.

 

OAR 413-010-0515 about continuation of benefits is being amended to revise the circumstances and timelines under which payments and benefits may continue pending the hearing of a contested case.

 

OAR 413-020-0520 about informal conferences and OAR 413-020-0525 about the burden of proof are being amended to indicate when defined terms are used.

 

OAR 413-010-0530 about withdrawals and dismissals is being amended to clarify terms used in the rule.

 

OAR 413-010-0535 about proposed and final orders is being amended to revise the date on which a proposed and final order becomes a final order when a party does not submit timely exceptions or argument.

 

These rules (OAR 413-010-0500 to 413-010-0535) are also being amended to make permanent temporary rule changes adopted on June 30, 2011.

Summary:

These rules about the responsibilities of the Department on behalf of a child or young adult to provide foster care maintenance payments to a certified family; an independent living housing subsidy to an eligible child or young adult who is in the legal custody of the Department, living independently; and payment to an individual eligible for a Chafee housing payment of the Department are being amended to implement provisions of the Fostering Connections to Success and Increasing Adoptions Act of 2008.

 

OAR 413-090-0000 is also being amended to clarify the purposes of OAR 413-090-0000 to 413-090-0050.

 

OAR 413-090-0005 about the definitions of key terms used in these rules is also being amended to add current and remove outdated definitions of certain terms used throughout these rules.

 

OAR 413-090-0010 about payments authorized by the Department is also being amended to revise the eligibility criteria for payments the Department will authorize for family foster care, level of care payments, and payment for a child of a dependent parent, and the payments to youth eligible for a Chafee housing payment or independent living housing payment.

 

OAR 413-090-0021 about periodic review of eligibility for level of care payments is also being amended to set out the effective date of changes in payments and when a CANS screening is conducted.

 

OAR 413-090-0030 about payment for temporary absences from family foster care is also being amended to revise and clarify the criteria for receiving these payments.

 

OAR 413-090-0040 about payments during adoptive supervision is also being amended to clarify the type of payments and criteria for receiving them.

 

OAR 413-090-0050 about payment to a certified family moving to another state is also being amended to clarify the payments provided.

Summary:

The Department is amending OAR 413-010-0705, 413-010-0710, 413-010-0712, 413-010-0720, 413-010-0722, 413-010-0723, 413-010-0732, 413-010-0735, 413-010-0738, 413-010-0740, 413-010-0743, 413-010-0745, 413-010-0746, 413-010-0748, and 413-010-0750 about notice and review of founded dispositions in child protective services to transfer the decision making authority of founded disposition review committees from the committee to a designated individual. These rules are also being amended to assure their accuracy, integrity, internal consistency, and to remove outdated language.

Summary:

OAR 413-070-0900 about the purpose the rules about guardianship assistance, which was amended by temporary rule on June 30, 2011, is being further amended to indicate that these rules now cover when guardianship assistance may be extended for certain young adults who had qualified for disability services.

 

OAR 413-070-0917 about eligibility, which was amended by temporary rule on June 30, 2011, is being further amended to clarify when a child who is turning 18 and has a disability may qualify for an extension of guardianship assistance.

 

OAR 413-070-0925 about the approval of potential guardians for guardianship assistance, which was amended by temporary rule on June 30, 2011, is being further amended to specify requirements that a potential guardian must agree to concerning the education of the child.

 

OAR 413-070-0934 about application requirements, which was amended by temporary rule on June 30, 2011, is being further amended to indicate when extenuating circumstances can delay the negotiation of a guardianship assistance agreement.

 

OAR 413-070-0939 about guardianship assistance payments, medical assistance, and nonrecurring guardianship expenses -- which was amended by temporary rule on June 30, 2011 -- is being further amended to restate the eligibility of a child for medical assistance.

 

OAR 413-070-0949 about guardianship assistance agreement requirements, which was amended by temporary rule on June 30, 2011, is being further amended to indicate that the agreement may state that guardianship assistance can continue when a child or young adult moves out of the guardian’s home for school or work.

 

OAR 413-070-0964 about information and reports the guardian must provide to the Department, which was amended by temporary rule on June 30, 2011, is being further amended to restate and clarify the circumstances that a guardian needs to report to the Department.

 

OAR 413-070-0974 about review, adjustment, suspension, expiration, and termination of guardianship assistance -- which was amended by temporary rule on June 30, 2011 -- is being further amended to restate and more fully explain the conditions under which a guardianship assistance agreement may be reviewed, adjusted, suspended, or terminated, and to state the policy about the expiration of guardianship assistance agreements.

 

OAR 413-070-0900 to 413-070-0974 about guardianship assistance are also being amended to clarify the rules, for internal consistency, accurate cross-references, and to reflect current Department terminology, policy and practice.

Summary:

OAR 413-130-0020 about special needs determination for adoption assistance eligibility, which was amended by temporary rule on June 30, 2011, is being further amended to clarify the requirements the Department needs in order to determine that a child meets the federal guidelines for "special needs".

 

OAR 413-130-0050 about the adoption assistance application process, which was amended by temporary rule on June 30, 2011, is being further amended to indicate when extenuating circumstances can delay the negotiation of an adoption assistance agreement.

 

OAR 413-130-0055 about the extension of adoption assistance for a young adult, which was adopted by temporary rule on June 30, 2011, is being amended to clarify the conditions under which a child who is turning 18 may be eligible to extend adoption assistance.

This amendment also explains explain how a child with a disability may qualify for an extension of adoption assistance.

 

OAR 413-130-0125 about adjustments of adoption assistance, which was amended by temporary rule on June 30, 2011, is being further amended to restate how an adoption assistance payment may be modified by an across-the-board increase or reduction.

 

OAR 413-130-0010 to 413-130-0130 about adoption assistance are also being amended to clarify the rules, for internal consistency, accurate cross-references, and to reflect current Department terminology, policy and practice.

Summary:

OAR 413-070-0514 about working with a child's team regarding a permanency plan and concurrent permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child's permanency plan to APPLA prior to approaching the court. This rule is also being amended to clarify when a caseworker must determine the Department has taken action on potential permanency resources prior to considering a change in the permanency plan.

 

OAR 413-070-0516 about the use of a permanency committee is being amended to clarify and reference an exception to the process described in these rules to use a permanency committee to make a recommendation that a foster parent be considered as a child's potential adoptive resource.

 

OAR 413-070-0518 about the composition, scheduling, responsibilities, and recommendation of the permanency committee is being amended to modify its description of who is considered a member of the permanency committee and broaden the individuals who may be invited to come and present information to the permanency committee.

 

OAR 413-070-0519 about the decision of the permanency committee and the notice of that decision is being amended to modify the rule title to better match the content of the rule.

 

These four rules are also being amended to make permanent the temporary rule changes adopted on March 22, 2011.

Summary:

OAR 413-070-0550 about the approval and implementation of an APPLA permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child's permanency plan to APPLA prior to approaching the court. This rule is also being amended to make permanent the temporary rule changes adopted on March 22, 2011.

Summary:

OAR 413-110-0132 about the process to be followed and considerations to be made when separating siblings for purposes of adoption is being amended to clarify when the Department utilizes a permanency committee process for seeking a sibling separation decision, clarify when this is not required, and to make the rule easier to follow. This rule is also being amended to make permanent temporary rule changes adopted on April 4, 2011.

Summary:

OAR 413-120-0730 is being amended to clarify the order of preference in identifying potential adoptive resources for a child.

 

OAR 413-120-0750 is being amended to clarify when an exception can be made for the required recruitment efforts seeking an appropriate adoptive resource for a child.

 

OAR 413-120-0760 is being amended to clarify the identification of potential adoptive resources for a child. This rule is also being amended to state the considerations and circumstances to grant an exception to the order of preference in the selection of potential adoptive resources.

 

These three rules are also being amended to make permanent changes adopted by temporary rule on March 22, 2011.

Summary:

OAR 413-120-0020 about adoption placement selection options is being amended to clarify the actions the Department may be taking in searching for a child's relatives when considering how to move forward with adoption selection processes. This rule is also being amended to clarify how an adoption selection is made when the Department has granted an exception to the order of preference in adoption selection.

 

OAR 413-120-0021 about adoption placement selection by a caseworker is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the process.

 

OAR 413-120-0035 about the invitation to and notification of the adoption committee is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the adoption committee process. This rule is also being amended to state when an exception to timelines set forth in the rule can be implemented.

 

OAR 413-120-0060 is being amended to clarify the Department staff who must receive notice upon receipt of a request for the review of an adoption selection decision.

 

These rules are also being amended to make permanent the temporary rule changes adopted on March 22, 2011.

Summary:

OAR 413-010-0000, 413-010-0010, 413-010-0030, 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, 413-010-0068, and 413-010-0075 about the disclosure of client information without a court order in child welfare programs are being amended to update references to program names.

 

OAR 413-010-0010 defining certain terms used in rules about the disclosure of client information without a court order in child welfare programs is also being amended to add definitions related to program names.

 

OAR 413-010-0035 is also being amended to clarify its description of prohibited disclosures for child welfare programs.

 

OAR 413-010-0055 is also being amended to revise its requirements about when the Director must submit a written report of the findings and conclusions of the sensitive review committee to the President of the Senate and the Speaker of the House of Representatives.

Summary:

OAR 413-200-0404, 413-200-0409, 413-200-0414, 413-200-0419, and 413-200-0424 about 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 are being amended to reflect current Department practice under a new database system and a redesigned structure in which the written assessment is located and assigned to a family and a child. These amendments also extend the use of consistent definitions and terminology, and remove references to positions no longer in the Department.

 

Summary:

OAR 413-010-0500 is being amended to restate the purposes of the contested case hearing rules and the policies about hearing rights, applicable rules, and computation of time. This rule is also being amended to remove definitions, which will be located in OAR 413-010-0501 and to remove its description of policies about representation which will be located in OAR 413-010-0502.

 

OAR 413-010-0501 about the definitions is being adopted to set out definitions of certain terms used in the contested case rules. The definitions of some of the terms previously defined in OAR 413-010-0500 are being revised.

 

OAR 413-010-0502 about representation in contested cases and who may attend a hearing is being adopted to set out set out and revise policies on this topic. These topics were previously covered in OAR 413-010-0500.

 

OAR 413-010-0505 about hearing requests is being amended to clarify and correct references in the rule.

 

OAR 413-010-0510 about the notice for a contested case hearing is being amended to more clearly specify that the required contents of a notice on the topic of the Department’s right to recover payments made pending a hearing decision.

 

OAR 413-010-0515 about continuation of benefits is being amended to revise the circumstances and timelines under which payments and benefits may continue pending the hearing of a contested case.

 

OAR 413-020-0520 about informal conferences and OAR 413-020-0525 about the burden of proof are being amended to indicate when defined terms are used.

 

OAR 413-010-0530 about withdrawals and dismissals is being amended to clarify terms used in the rule.

 

OAR 413-010-0535 about proposed and final orders is being amended to revise the date on which a proposed and final order becomes a final order when a party does not submit timely exceptions or argument.

Summary:

These rules about enhanced supervision and supervision planning are being changed because the Department is clarifying the structure in which decisions regarding level of care payments are made for guardianship assistance and adoption assistance.  These rules are also being amended to fully implement the Fostering connection to Success and Increasing Adoptions Act of 2008 (122 Stat. 3949-3981) that provide for Guardianship Assistance payments and Adoption Assistance payments for eligible children up to age 21. These rules are also being amended to explain the Department's responsibility for decision-making in level of care payments.

 

OAR 413-020-0200 about the purpose of the Department's rules (OAR 413-020-0200 to 413-020-0255) regarding the Department's responsibilities regarding enhanced supervision is being amended to clarify the purpose of the rules.

 

OAR 413-020-0210 about the definitions of key terms used in these rules is being amended to add current and remove and revise outdated definitions of certain terms used throughout these rules.

 

OAR 413-020-0230 about the referral for and review of the CANS screening is being amended to restate the referral and review of CANS screenings for children and young adults in substitute care and children and young adults receiving or about to receive guardianship assistance or adoption assistance.

 

OAR 413-020-0233 about when a supervision plan is required is being amended to restate when a supervision plan is or is not required subsequent to determination that a child needs enhanced supervision.

 

OAR 413-020-0236 is being amended to restate the Department responsibilities for supervision plans and use of physical restraint.

 

OAR 413-020-0240 is being amended to restate the limitations and reporting requirements when a physical restraint is used.

 

OAR 413-020-0245 is being amended to restate the monitoring responsibilities of the Department when a child or young adult has a supervision plan.

 

OAR 413-020-0255 is being amended to restate training required for planned use of physical restraint.

Summary:

OAR 413-070-0063 is being amended to clarify the definition of the term relative as used in rules that set out the Department's responsibility to search for and engage a child or young adult's relatives. This amendment also aligns the definition with the definition of the term "relative" used in other child welfare rules.

Summary:

OAR 413-070-0900 about the purpose the rules about guardianship assistance is being amended to clarify the rule and to indicate that the rule now cover guardianship assistance that may be extended for certain young adults.

 

OAR 413-070-0905 about definitions of certain terms used in the guardianship assistance rules is being amended to add current and remove or revise outdated definitions of certain terms used throughout these rules.         

 

OAR 413-070-0909 about funding of guardianship assistance is being amended to explain and update the funding sources for guardianship assistance, and indicate that new guardianship assistance will not be available for non-relative guardians.

 

OAR 413-070-0917 about eligibility is being amended to describe federal changes regarding establishment of guardianship assistance for a child placed outside of the United States, correct references, clarify caseworker duties regarding guardianship, set out sibling eligibility for guardianship assistance purposes, and describe the conditions for an extension of guardianship assistance on behalf of certain young adults.

 

OAR 413-070-0919 about eligibility and requirements for a child or young adult in the care or legal custody of a participating tribe is being amended to correct references, update terminology, and clarify requirements for child placement.

 

OAR 413-070-0925 about eligibility of a potential guardian is being amended to implement new federal education requirements for guardianship assistance and to remove what is now stated in Child Welfare Policy I-E.3.6.1, Guardianship as a Permanency Plan, OAR 413-070-0665(2).

 

OAR 413-070-0929 about determination of permanency plan for guardianship is being suspended because this topic is now covered in Child Welfare Policy I-E.3.6.1 Guardianship as a Permanency Plan, OAR 413-070-0651 to 413-070-0670.

 

OAR 413-070-0934 about application requirements and responsibilities is being amended to clarify Department responsibilities and situations that might delay the negotiation of guardianship assistance base rate.

 

OAR 413-070-0939 about guardianship assistance payments, medical assistance, and nonrecurring guardianship expenses is being amended to clarify and describe the guardianship assistance negotiation and review process. This rule is also being amended to describe requirements for medical assistance and social services, nonrecurring guardianship expenses, and overpayment responsibilities.

 

OAR 413-070-0944 about legal expenses of a guardian is being amended to clarify the legal expenses that are not authorized for reimbursement by the Department. This rule is also being amended to remove language about funding establishment of a guardianship because the topic is now covered in OAR 413-070-0949.

 

OAR 413-070-0949 about guardianship assistance agreement requirements is being amended to more clearly explain what must be included in a guardianship assistance agreement and to indicate the policies how this rule applies to young adults.

 

OAR 413-070-0959 about court order of guardianship and OAR 413-070-0964 about changes guardians must report and annual reports guardian must provide are being amended to update and clarify these rules.

 

OAR 413-070-0969 about renegotiation of a guardianship assistance agreement is being amended to update terminology and clarify the renegotiation process.

 

OAR 413-070-0970 about guardianship social support services is being amended to cover only topics that need to be in a rule.

 

OAR 413-070-0974 about review, adjustment, suspension, and termination of guardianship assistance is being amended to clarify the conditions under which guardianship assistance may be reviewed by the Department and how changes or termination of that agreement are made. This rule is also being amended to set out how this rule applies to a young adult who has an extension of guardianship assistance.

 

OAR 413-070-0979 about the guardianship assistance review committee and appeals procedure is being suspended because this topic is now covered in OAR 413-070-0939.

Summary:

These rules about the responsibilities of the Department on behalf of a child or young adult to provide foster care maintenance payments to a certified family; an independent living housing subsidy to an eligible child or young adult who is in the legal custody of the Department, living independently; and payment to an individual eligible for a Chafee housing payment of the Department are being amended to implement provisions of the Fostering Connections to Success and Increasing Adoptions Act of 2008.

 

OAR 413-090-0000 is also being amended to clarify the purposes of OAR 413-090-0000 to 413-090-0050.

 

OAR 413-090-0005 about the definitions of key terms used in these rules is also being amended to add current and remove outdated definitions of certain terms used throughout these rules.

 

OAR 413-090-0010 about payments authorized by the Department is also being amended to revise the eligibility criteria for payments the Department will authorize for family foster care, level of care payments, and payment for a child of a dependent parent, and the payments to youth eligible for a Chafee housing payment or independent living housing payment.

 

OAR 413-090-0021 about periodic review of eligibility for level of care payments is also being amended to set out the effective date of changes in payments and when a CANS screening is conducted.

 

OAR 413-090-0030 about payment for temporary absences from family foster care is also being amended to revise and clarify the criteria for receiving these payments.

 

OAR 413-090-0040 about payments during adoptive supervision is also being amended to clarify the type of payments and criteria for receiving them.

 

OAR 413-090-0050 about payment to a certified family moving to another state is also being amended to clarify the payments provided.

Summary:

PL 110-351 Fostering Connections to Success and Increasing Adoptions Act of 2008 (122 Stat. 3949 - 3981) implemented many changes to Title IV-E eligibility regulations. Most of the rules related to those regulations were revised in permanent rule changes filed June 30, 2011. Two additional rule changes need to be added at this time. OAR 413-100-0135 is being amended to clarify the removal and specified relative criteria as it applies to children ages 0 through 17, and to young adults, ages 18 through 20. The criteria for extension of Title IV-E eligibility through age 20 is described in PL 110-351 Fostering Connections to Success and Increasing Adoptions Act of 2008 (122 Stat. 3949 - 3981). OAR 413-100-0150 is being amended because the rule currently contains an uncommon acronym, which needs to be clarified because its meaning is not apparent to DHS staff or the public.

Summary:

OAR 413-100-0000 about the purpose of the Department's Title IV-E Foster Care, Adoption Assistance, and Guardianship Assistance eligibility rules (OAR 413-100-0000 to 413-100-0345), OAR 413-100-0010 about the Title IV-E funding eligibility requirements, OAR 413-100-0020 about the definitions used in the Department's Title IV-E Foster Care and General Assistance funding eligibility rules, OAR 413-100-0130 about the requirements for documenting the certification or licensure of foster homes, OAR 413-100-0060 about which placements of and payments for children are Title IV-E reimbursable, OAR 413-100-0070 about which children's cases are referred for Title IV-E eligibility determinations, OAR 413-100-0080 about the effective date of Title IV-E eligibility, OAR 413-100-0110 about how the Department determines the effective date for closure of Title IV-E eligibility, OAR 413-100-0120 about how the Department verifies Title IV-E eligibility, OAR 413-100-0130 about how Title IV-E eligibility determinations are made under the Aid to Families with Dependent Children (AFDC) administrative rules in effect on July 16, 1996 had an application for AFDC program benefits been made, OAR 413-100-0160 about the financial need eligibility requirement of the AFDC program, OAR 413-100-0180 about how the Department treats the earned income of a student when determining AFDC program eligibility, OAR 413-100-0190 about how the Department treats unearned income when determining AFDC program eligibility, OAR 413-100-0200 about how the Department treats lump-sum benefit payments when determining AFDC program eligibility, OAR 413-100-0210 about citizenship and immigration status requirements for Title IV-E eligibility, OAR 413-100-0220 about the residency requirements for a child for Title IV-E eligibility, OAR 413-100-0230 about the age limitations on a child's Title IV-E eligibility, OAR 413-100-0240 about which judicial findings must be made for a child to be Title IV-E eligible, OAR 413-100-0250 about how the Department treats voluntary custody and voluntary placement agreements when determining Title IV-E eligibility, OAR 413-100-0260 about when a child in placement based on a voluntary relinquishment is Title IV-E eligible, OAR 413-100-0270 about when and how the Department redetermines a child's Title IV-E eligibility, OAR 413-100-0280 about when the Department must redetermine deprivation for a child at the relinquishment or termination of parental rights; OAR 413-100-0300 about when the Department refers a Title IV-E case to the Division of Child Support of the Oregon Department of Justice; OAR 413-100-0310 about when a Title IV-E eligible child also is eligible for Title XIX Medicaid benefits; OAR 413-100-0320 about the requirements for a child's Title XIX Medicaid eligibility; OAR 413-100-0335 about Title IV-E eligibility determinations for children eligible for adoption assistance benefits, and OAR 413-100-0345 about Title IV-E eligibility determinations for children eligible for guardianship assistance benefits are being amended to clarify the Department's policies for this program, include definitions used throughout the Title IV-E Foster Care, Guardianship Assistance, and Adoption Assistance funding eligibility rules (OAR 413-100-0000 to 413-100-0345), reflect current Department terminology, and bring the Title IV-E Foster Care, Guardianship Assistance, and Adoption Assistance funding eligibility rules into compliance with federal requirements.

Summary:

OAR 413-100-0905 defining certain terms used in rules about educational services for a child or young adult in substitute care is being changed to define the term "child".

 

OAR 413-100-0915 about ensuring the enrollment of a child or young adult in substitute care in school or an educational setting is being amended to clarify the approval process for international study, clarify who has responsibilities for decision making on a child’s school or educational setting, and clarify the Department's responsibilities to maintain a child in full time attendance in school, except for medical reasons, under Chapter

581 of the Oregon Administrative Rules.

 

OAR 413-100-0925 about consent for special education services for a child or young adult in substitute care is being amended to clarify authority to consent to special education services for a young adult.

 

OAR 413-100-0930 about the right to a child's education records for a child in substitute care is being amended to clarify the protections for special education records.

Summary:

OAR 413-070-0651 regarding the purpose of the rules about guardianship as a permanency plan, OAR 413-070-0655 regarding definitions of certain terms used in these rules, OAR 413-070-0660 regarding consideration of guardianship as a permanency plan, OAR 413-070-0665 regarding consideration of a substitute caregiver as a potential guardian, and OAR 413-070-0670 regarding approval and implementation of a guardianship permanency plan are being adopted because the Department does not have a policy that adequately and fully describes the responsibilities of the Department to determine the appropriate use of guardianship as a permanency plan unless the child is eligible for guardianship assistance. The new rules describe the responsibilities of the Department in determining the appropriateness of guardianship as a permanency plan for a child regardless of the child's eligibility for guardianship assistance. The goal of a permanency plan is to develop safe and permanent family resources with the parents, relatives, or other people who will assume legal responsibility for the child during the remaining years of dependency and be accessible and supportive to the child in adulthood. Most of these rule changes make permanent rules adopted as temporary rules on December 29, 2010.

Summary:

OAR 413-070-0651 regarding the purpose of the rules about guardianship as a permanency plan, OAR 413-070-0655 regarding definitions of certain terms used in these rules, OAR 413-070-0660 regarding consideration of guardianship as a permanency plan, OAR 413-070-0665 regarding consideration of a substitute caregiver as a potential guardian, and OAR 413-070-0670 regarding approval and implementation of a guardianship permanency plan are being adopted because the Department does not have a policy that adequately and fully describes the responsibilities of the Department to determine the appropriate use of guardianship as a permanency plan unless the child is eligible for guardianship assistance. The new rules describe the responsibilities of the Department in determining the appropriateness of guardianship as a permanency plan for a child regardless of the child's eligibility for guardianship assistance. The goal of a permanency plan is to develop safe and permanent family resources with the parents, relatives, or other people who will assume legal responsibility for the child during the remaining years of dependency and be accessible and supportive to the child in adulthood. Most of these rule changes make permanent rules adopted as temporary rules on December 29, 2010.

Summary:

OAR 413-110-0132 about the process to be followed and considerations to be made when separating siblings for purposes of adoption is being amended to clarify when the Department utilizes a permanency committee process for seeking a sibling separation decision, clarify when this is not required, and to make the rule easier to follow.

Summary:

OAR 413-070-0514 about working with a child's team regarding a permanency plan and concurrent permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child's permanency plan to APPLA prior to approaching the court. This rule is also being amended to clarify when a caseworker must determine the Department has taken action on potential permanency resources prior to considering a change in the permanency plan.

OAR 413-070-0516 about the use of a permanency committee is being amended to clarify and reference an exception to the process described in these rules to use a permanency committee to make a recommendation that a foster parent be considered as a child's potential adoptive resource.

OAR 413-070-0518 about the composition, scheduling, responsibilities, and recommendation of the permanency committee is being amended to modify its description of who is considered a member of the permanency committee and broaden the individuals who may be invited to come and present information to the permanency committee.

OAR 413-070-0519 about the decision of the permanency committee and the notice of that decision is being amended to modify the rule title to better match the content of the rule.

Summary:

OAR 413-070-0550 about the approval and implementation of an APPLA permanency plan is being amended to clarify the individual who can make a decision on behalf of the Department to change a child's permanency plan to APPLA prior to approaching the court.

Summary:

OAR 413-120-0730 is being amended to clarify the order of preference in identifying potential adoptive resources for a child.

OAR 413-120-0750 is being amended to clarify when an exception can be made for the required recruitment efforts seeking an appropriate adoptive resource for a child.

OAR 413-120-0760 is being amended to clarify the identification of potential adoptive resources for a child. This rule is also being amended to state the considerations and circumstances to grant an exception to the order of preference in the selection of potential adoptive resources.

Summary:

OAR 413-120-0020 about adoption placement selection options is being amended to clarify the actions the Department may be taking in searching for a child's relatives when considering how to move forward with adoption selection processes. This rule is also being amended to clarify how an adoption selection is made when the Department has granted an exception to the order of preference in adoption selection.

OAR 413-120-0021 about adoption placement selection by a caseworker is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the process.

OAR 413-120-0035 about the invitation to and notification of the adoption committee is being amended to clarify the actions the Department may take when a relative first expresses interest in being considered as a potential adoptive resource at a later stage in the adoption committee process. This rule is also being amended to state when an exception to timelines set forth in the rule can be implemented.

OAR 413-120-0060 is being amended to clarify the Department staff who must receive notice upon receipt of a request for the review of an adoption selection decision.