Or. Admin. R. 413-100-0410

Current through Register Vol. 63, No. 8, August 1, 2024

Section 413-100-0410 - Definitions

As used in OAR 413-100-0400 to 413-100-0530:

(1) "Adjudication" means the legal process by which a child or young adult is under a court's jurisdiction as a result of having engaged in delinquent behavior and not having a legal guardian that could be responsible for the child or young adult.

(2) "Adoption assistance" means assistance provided on behalf of an eligible child or young adult to offset the costs associated with adopting and meeting the ongoing needs of the child or young adult. "Adoption assistance" may be in the form of payments, medical coverage, reimbursement of nonrecurring expenses, or special payments.

(3) "Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult, setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the pre-adoptive family or adoptive family and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(4) "Child" means a person under 18 years of age.

(5) "Children's Medical Unit" means the unit in Child Welfare Central Office where medical eligibility is completed for children in the ICPC, ICAMA, Non-IV-E Tribal, and Karly's Law programs.

(6) "COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985 which is a federal mandate that requires employers sponsoring group health plans for twenty (20) or more employees to offer continuation of coverage to employees, their spouses, and dependent children who become unemployed.

(7) "Custody" means legal custody described in ORS 419B.373.

(8) "Department" means the Department of Human Services, Child Welfare.

(9) "Foster care" means 24 hour substitute care for children placed away from their parents or guardians and for whom the Department has placement and care responsibility. This includes but is not limited to placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the Department or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of the adoption, or whether there is Federal matching of any payments that are made.

(10) "General Assistance" means services paid using the state General Fund.

(11) "Guardianship assistance" means assistance on behalf of an eligible child or young adult to offset the costs associated with establishing the guardianship and meeting the ongoing needs of the child or young adult. "Guardianship assistance" may be in the form of a payment, medical coverage, or reimbursement of guardianship expenses.

(12) "Guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian or guardian setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the guardian and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.

(13) "ICAMA" means the Interstate Compact on Adoption and Medical Assistance, which was established in 1986 to safeguard and protect the interstate interests of children covered by an adoption assistance agreement when they move or are adopted across state lines.

(14) "ICPC" means the Interstate Compact for the Placement of Children. It is an agreement among states to coordinate the transfer and placement of children across state lines. (See ORS 417.200)

(15) "Independent Living Program" or "ILP" means the services provided by the Department to an eligible foster child or former foster child.

(16) "OCCS Medical" means Title XIX and Title XXI Medical provided through the Office of Client and Community Services under the Oregon Health Authority.

(17) "Pre-adoptive family" means an individual or individuals who:

(a) Has been selected to be a child's adoptive family; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(18) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(19) "Title IV-E" means Title IV-E of the Social Security Act, which provides federal payments to the states for foster care maintenance, adoption assistance, and guardianship assistance on behalf of certain eligible children and young adults.

(20) "Title XIX Medicaid" means federal and state funded medical assistance established by Title XIX of the Social Security Act.

(21) "Young adult" means a person aged 18 through 20 years.

Or. Admin. R. 413-100-0410

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 12-2004, f. & cert. ef. 7-1-04; CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; CWP 12-2014, f. & cert. ef. 6-12-14; CWP 26-2015, f. & cert. ef. 12/21/2015

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005Title XIX Policy