Or. Admin. R. 413-020-0010

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

Section 413-020-0010 - Voluntary Custody Agreement

(1) Under a Voluntary Custody Agreement, the parent, guardian, or Indian custodian gives the Department the legal custody of the child. The Department assumes all parental and legal responsibilities that the agreement does not specifically reserve to the parents, guardians, or Indian custodian as permitted under ORS 418.015 and becomes the child's legal custodian.

(2) It is appropriate for the Department to place a child in substitute care and provide services if all of the following subsections apply:

(a) The parent, guardian or Indian custodian requests the Department take custody of the child.

(b) The parent, guardian or Indian custodian is immediately and temporarily unable to fulfill his or her parental responsibilities.

(c) This inability will be alleviated with short-term placement when one of the following conditions exists

(A) The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult who is well known to the child.

(B) The parent, guardian, or Indian custodian is temporarily or will be temporarily unable to fulfill parental responsibilities due to a diagnosed medical or mental health condition.

(C) The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration in conjunction with intensive services is likely to reunite the family and reduce safety concerns.

(3) If the Department knows or has reason to know the child is an Indian child, who is an enrolled member of or may be eligible for membership in a Tribal Nation, the Department must refer to and comply with. OAR chapter 413 division 115.

(4) A Child Welfare Program Manager must approve entering into a Voluntary Custody Agreement.

Or. Admin. R. 413-020-0010

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 2-2003, f. & cert. ef. 1-7-03; CWP 4-2007, f. & cert. ef. 3-20-07; 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 89-2023, amend filed 12/20/2023, effective 12/20/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 109.056, ORS 418.015, ORS 418.270, ORS 418.275, ORS 418.280 & ORS 418.285