Or. Admin. R. 413-115-0100

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

Section 413-115-0100 - Voluntary Placement Agreements

(1) The Department may enter into a voluntary placement agreement with the consent of a parent or Indian custodian of any Indian child, if:

(a) Pursuant to ORS 418.312 and OAR 413-020-0070, the sole reason for placing the Indianchild in a child-caring agency, foster home, group home, or institutional child-care setting is the need to obtain services for the Indian child's emotional, behavioral, or mental disorder or developmental or physical disability;

(b) The Indian child is more than ten days old;

(c) The voluntary consent is executed in writing and recorded before a judge in the appropriate jurisdiction;

(d) The written consent is accompanied by the court's certification that the terms and consequences of the consent were fully explained in detail on the record and that certification complies with section (2) of this rule; and

(e) The Department has contacted by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the Indian child is or may be a member to determine the Indian child's affiliation and to notify the tribe of the voluntary placement agreement.

(2) Court Hearing on Consent. The Department must request a court hearing to obtain consent from the parent or Indian custodian for the voluntary placement agreement. The Department must ensure that the court certifies on the record that the terms and consequences of the consent for the voluntary placement agreement were:

(a) Explained on the record, in detail, in English (or the language of the parent or Indian custodian, if English is not the primary language); and

(b) Fully understood by the parent or Indian custodian.

(3) Ongoing Court Hearings.

(a) If an Indian child will remain in voluntary placement for more than 180 days, the juvenile court must make a judicial determination, within the first 180 days of the placement, whether the placement is in the best interests of the Indian child.

(b) If an Indian child remains in voluntary placement for more than 12 months, the juvenile court must hold a permanency hearing as provided in ORS 419B.476 no later than 14 months after the Indian child's original voluntary placement, and not less frequently than once every 12 months thereafter during the continuation of the Indian child's original voluntary placement, to determine the future status of the Indian child.

(4) The signed voluntary placement agreement consent must, at a minimum, contain:

(a) The name and birthdate of the Indian child.

(b) The name of the Indian child's tribe.

(c) The Indian child's and parents' enrollment numbers, if known, or other indication of the Indian child's membership in the tribe.

(d) The name and address, and other identifying information of the consenting parent or Indian custodian.

(e) The name and address of the prospective resource parents, if known.

(f) The name and address of the person, entity or Department, if any, who arranged the placement.

(g) If there were any conditions to the consent, the conditions must be clearly set out.

(5) The Department must place the Indian child into a substitute care setting which follows the placement preferences outlined in OAR 413-115-0090(2), unless the court has determined on the record that good cause exists to not apply those placement preferences. If the Indian child is moved to another placement while in substitute care, the placement preferences in OAR 413-115-0090(2) continue to apply.

(6) Request for Anonymity. A request for anonymity does not relieve the Department from any duty of compliance with the ORICWA, including the obligation to verify whether the child is an Indian child, ongoing consultation and collaboration with the Indian child's tribe and compliance with OAR 413-115-0090.

(7) Ending a voluntary placement agreement.

(a) The parent or Indian custodian may withdraw consent to the voluntary placement agreement at any time.

(b) To withdraw consent, the parent or Indian custodian must:

(A) File a written notice of termination with the court; or

(B) Otherwise testify before the court.

(c) An Indian child's parent or Indian custodian may terminate the voluntary placement agreement at any time by either filing a written notice of termination with the court or otherwise testifying before the court. The court must then promptly notify the Department of the termination of the voluntary placement agreement and order the immediate return of the Indian child to the physical custody of the Indian child's parent or Indian custodian, and the Department must immediately return the Indian child to the physical custody of the Indian's child's parent or Indian custodian.

(8) For voluntary custody agreements, refer to OAR 413-020-0005 through 413-020-0050.

Or. Admin. R. 413-115-0100

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018; CWP 148-2020, temporary amend filed 12/31/2020, effective 1/1/2021 through 6/29/2021; CWP 16-2021, amend filed 06/29/2021, effective6/29/2021; CWP 32-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005 & ORS 418.015