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Child Welfare Rule Releases


Effective April 1, 2015

I-AB.4.1.2, Differential Response


Effective March 6, 2015

III-A.9, Child Abuse Multidisciplinary Intervention (CAMI) (Repealed)


Effective February 5, 2015

I-E.5.1.2, Personal Care Services (Temporary)


Effective February 1, 2015

I-A.4.5, Rights 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 January 21, 2015

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

I-E.3.6.2, Guardianship Assistance

 


Effective January 1, 2015

I-A.4.1, Rights of Children

I-E.3.3.1, Psychotropic Medication Management

I-E.5.1.2, Personal Care Services

 


Effective December 24, 2014

I-AB.1, Introduction to CPS Rules

I-AB.4, CPS Assessment

I-AB.4.1, Day Care Facility 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

 


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Final rules April 1, 2015
   
Differential Response
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending its rules relating to Oregon's Differential Response (DR) system. DR will ultimately be implemented statewide, but is currently being implemented on a county-by-county basis. OAR 413-015-9000, Authority, Responsibility, and Applicability, is being amended to specify the implementation dates for additional counties, specifically April 6, 2015, for Benton, Lincoln, and Linn counties; and April 20, 2015, for Washington County. OAR 413-015-9020, Definitions, is also being amended to clarify that the Department will utilize both community partners and support persons when conducting an alternative response assessment. Non-substantive edits were also made to update statutory references.

  Contact: Deb Carnaghi, 503-947-5418, is the contact for this rule.
   
Final rules March 6, 2015
   

III-A.9

repealed

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is permanently repealing its rules on Child Abuse Multidisciplinary Intervention (CAMI), OAR 413-300-0200 to 413-300-0280. The rules implement the CAMI account and set forth eligibility criteria for county multidisciplinary teams to access the funds. Per ORS 418.746, the CAMI Program in the Department of Justice has authority to adopt rules regarding the CAMI account. Department of Justice administrative rules implement the account and set forth eligibility criteria to qualify for funds, at OAR 137-082-0200 to 137-082-0280. The Department of Human Services’ rules on this topic are obsolete.

  Contact: Deb Carnahgi, 503-947-5418, is the contact for this rule.
   
Temporary rules February 5, 2015
   
Personal Care Services
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending the rules related to personal care services for children and young adults placed with a foster parent or relative caregiver. The rule changes: allow the Department to pay for personal care services using federal funds sooner if there is a delay in the process; clarify when personal care services end and a new assessment is required; add rating criteria that are specific to infants; add references to applicable forms; update terminology, position titles, and references; clarify language; and correct punctuation.

  Contact: Kevin George, 503-945-5987, is the contact for this rule.
   
Final rules February 1, 2015
Rights 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-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 June 3, 2014, change was intended to include as relatives only those blood relatives who are identified as a member of the family by the child or the individual. The change was interpreted, however, to require the Department to search for blood relatives of an adopted child, to whom the child has no connection. That interpretation may have had 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 is being amended to add language to clarify that only those relatives who are identified as members of the family are included. These rule changes make permanent temporary rules that were adopted effective August 4, 2014.

 

“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 these rules.
   
Temp rules February 1, 2015
Guardianship Assistance

 

 

Summary:

 

OAR 413-070-0905 relating to definitions used in guardianship rules were amended by temporary rule on January 21, 2015 to add definitions for 'incapacity' and 'successor legal guardian'. On February 1, 2015, unrelated permanent amendments were filed to OAR 413-070-0905, displacing the temporary changes filed on January 21, 2015. Therefore, the changes filed on January 21, 2015 are being filed again to combine the new permanent language with the January 21, 2015 temporary rule language.

  Contact: Lorri Harris, 503-945-5998, is the contact for this rule.
   
Temp rules January 21, 2015
Search for and Engagement of Relatives
   

 

 

Summary:

 

OAR 413-070-0069 and 413-070-0072 about Department responsibilities to identify and contact relatives and persons with a caregiver relationship are being amended to require the Department to notify parents who have custody of a sibling of a child who has been taken into Department custody.

  Contact: Kevin George, 503-945-5987, and Kathy Prouty, 50-947-5358, are the contacts for this rule.
   

I-E.3.6.2

prior version

Guardianship Assistance

 

 

Summary:

 

OAR 413-070-0069 and 413-070-0072 about Department responsibilities to identify and contact relatives and persons with a caregiver relationship are being amended to require the Department to notify parents who have custody of a sibling of a child who has been taken into Department custody.

  Contact: Lorri Harris, 503-945-5998, is the contact for this rule.
   
Final rules January 1, 2015
Rights of Children
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is revising rules regarding the rights of children and young adults in the legal custody of the Department to expressly establish the Oregon Foster Children’s Bill of Rights and to list in rule the rights of foster children specified in ORS 418.201, as required by ORS 418.202. These rule changes do not make any substantive changes to the rights of children or young adults in the legal custody of the Department. The rules are also revised to add references and clarify language.

  Contact: Kevin George, 503-945-5987, is the contact for this rule.
   
Final rules January 1, 2015
Psychotropic Medication Management
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending its rules related to Psychotropic Medication Management, which describe the responsibilities of the substitute caregiver and the Department when a child or young adult in substitute care is prescribed or administered psychotropic medication. The primary change is to clarify that the Department authorizes, but does not consent to, the administration of psychotropic medication. Other changes are also made to update terminology, clarify language, correct grammar and punctuation, and add and update references.

  Contact: Heidi Beaubriand, 503-947-1187, is the contact for this rule.
   
Final rules January 1, 2015

I-E.5.1.2

prior version

Personal Care Services
   

 

 

Summary:

 

The Department of Human Services, Office of Child Welfare Programs, is amending the rules related to personal care services for children and young adults placed with a foster parent or relative caregiver. The rule changes: allow the Department to pay for personal care services using federal funds sooner if there is a delay in the process; clarify when personal care services end and a new assessment is required; add rating criteria that are specific to infants; add references to applicable forms; update terminology, position titles, and references; clarify language; and correct punctuation.

  Contact: Kevin George, 503-945-5987, is the contact for this rule.
   
Final rules December 24, 2014
Introduction to CPS Rules
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 making rule changes to clarify, 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. These rule changes make permanent temporary rules that were adopted effective July 1, 2014, and include additional changes. Specifically:

 

OAR 413-015-0115, which defines terms used in Child Protective Services (CPS) rules, is amended to: (1) revise the definition of “conditions for return” to clarify that they are only used with ongoing safety plans; (2) change the definition of “domestic violence” so it is not limited to individuals age 18 and over; and (3) correct the definition of “safe” to accurately state that safe means the absence of any threats.

 

OAR 413-015-0400 about the purpose of the CPS assessment rules is amended to clarify that conditions for return are only used with ongoing safety plans, not initial safety plans.

 

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 Oregon Laws 2014, Chapter 45, Section 42 (Senate Bill 1548), which became 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: (1) remove the redundant requirement that all types of safety plans explain how they are the least intrusive means to effectively manage the identified threat; (2) remove the requirement that all types of safety plans include conditions for return, which only apply to ongoing safety plans; and (3) 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 413-015-0450 about ongoing safety plans is amended to add the requirement (removed from 413-015-0432) that the plan include conditions for return, and to clarify that the worker need only reevaluate an initial safety plan to determine if it is appropriate and sufficient as an ongoing safety plan, and would not reevaluate a protective action plan for that purpose, consistent with other OSM rule changes that went into effect May 27, 2014.

 

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 413-015-9030 about CPS screening in counties that are implementing DR is amended to: (1) provide that a traditional response assessment is required when there is a new report on an open Department case with an identified impending danger safety threat; (2) limit the requirement that the screener consult with a supervisor when the screener determines a traditional response assessment is required to report in which there is an open alternative response assessment; and (3) require that a “within 24 hours” response time line is required for an alternative response assessment when the information indicates that a child has a current injury as a result of the alleged abuse or neglect.

 

OAR 413-015-9040 about CPS assessments in counties that are implementing DR is amended to clarify that conditions for return are only used with ongoing safety plans, not initial safety plans, to clarify that a community partner or support person may accompany the worker on initial contact, and 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.

 

In addition, minor edits were made to the above rules to reflect new Department terminology and to correct formatting and punctuation.

  Contact: Deb Carnaghi, 503-947-5418, is the contact for this rule.