Or. Admin. R. 413-020-0150

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

Section 413-020-0150 - Exercise and Delegation of Guardian Authority

(1) When the Department has legal custody of a child or young adult through a court order in which the Department has specifically been given guardianship, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff as described in this rule.

(2) District Manager or Designee: may exercise the Department's authority to consent to the following actions with respect to child or young adult served by that district:

(a) Enlistment of a child or young adult in the Armed Forces or the Job Corps; and

(b) Marriage.

(3) Department Child Permanency Program Manager: may exercise the Department's authority under ORS 109.325 to consent to the adoption of a child or young adult who is in the permanent custody of the Department.

(4) Only the Health and Wellness Services Program Manager in consultation with the Child Welfare Director or in their absence and in the event of an emergency a Deputy Director for Child Welfare may consent to any of the following actions for a child:

(a) Termination of a pregnancy, except when a child - 15 years of age or older exercises their statutory right to consent to their own termination of a pregnancy (ORS 109.640).

(b) Extraordinary or controversial medical or surgical procedures, such as Do Not Resuscitate Order (DNR), organ transplants, kidney dialysis, open heart surgery, non-reversable gender affirming medical services, or any procedure involving substantial life threat.

(c) Any medical or surgical procedure to which a legal parent, guardian, or Indian custodian of the child or the child is opposed.

(d) Sterilization under ORS chapter 436, but only when such procedure is necessary to protect the child's life.

(5) Department Director, Director for Child Welfare or Deputy Director for Child Welfare, may exercise the Department's authority to consent to any action to which the physical custodian, caseworker, Local Office Program Manager, and District Manager may consent.

Or. Admin. R. 413-020-0150

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 12-2003, f. & cert. ef. 1-9-03; CWP 19-2015, f. & cert. ef. 10/1/2015; CWP 103-2020, temporary amend filed 02/04/2020, effective 2/4/2020 through 08/01/2020; CWP 133-2020, amend filed 06/29/2020, effective 7/1/2020; 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 109.640 & ORS 418.312