Or. Admin. R. 413-030-0220

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

Section 413-030-0220 - Eligibility for Substitute Care After Age 18

(1) A young adult continues to be eligible for substitute care until the young adult turns 21 years of age if the young adult has met the criteria in OAR 413-030-0210 and this rule or if the young adult has entered into a Voluntary Placement Agreement for a Young Adult with the Department after reaching the age of 18 as outlined in OAR 413-020-0060 through 0090.

(2) Under the following conditions the Department may continue to provide placement services until the youth has reached 21 years of age:

(a) The young adult is:

(A) Completing their secondary education or a program leading to an equivalent credential;

(B) Enrolled in an institution that provides post-secondary or vocational education;

(C) Participating in a program or activity designed to promote or remove barriers to employment;

(D) Employed for at least 80 hours per month; or

(E) Determined to be unable to perform any of the activities in paragraphs (A) to (D) of this subsection due to a physical condition, mental disability or physical disability documented by medical evidence

(b) The caseworker reviews the young adult's transition plan with the young adult as described in OAR 413-030-0449 and:

(A) The caseworker determines, in collaboration with the young adult, that to remain in the care and custody of the Department is in the best interest of the young adult;

(B) The determination and supporting factors are reflected in the case and youth transition plans and documented in the Department's electronic information system; and

(C) The plan is approved by the Child Welfare program manager or designee.

(3) The Child Welfare program manager or designee may approve an exception to the requirements in (2)(a) of this rule when:

(a) The young adult experiences a temporary loss in employment or other financial support;

(b) The young adult requests maternity leave that is approved by her attending physician;

(c) Short-term medical leave is approved by the young adult's attending physician; or

(d) Any other reason(s) approved by the Child Welfare program manager or designee and the Foster Care and Youth Transitions manager or designee.

Or. Admin. R. 413-030-0220

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 21-1999, f. & cert. ef. 10-6-99; SOSCF 17-2000, f. & cert. ef. 7-25-00; SOSCF 10-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 4-2003, f. & cert. ef. 1-7-03; CWP 19-2015, f. & cert. ef. 10/1/2015; CWP 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 23-2018, amend filed 03/27/2018, effective 3/27/2018; CWP 115-2018, temporary amend filed 11/19/2018, effective 11/19/2018 through 05/17/2019; CWP 16-2019, amend filed 02/19/2019, effective 2/19/2019; CWP 114-2020, minor correction filed 02/20/2020, effective 2/20/2020; 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 418.005, ORS 418.015 - 418.315, ORS 419B.331 - 419B.349, 42 U.S.C. §§ 671-679b & 25 U.S.C. §§ 1901-1963