Or. Admin. R. 413-070-0512

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

Section 413-070-0512 - Development and Review of the Permanency Plan and Concurrent Permanent Plan

(1) When developing the permanency plan and concurrent permanent plan, the caseworker must complete all of the following actions:

(a) Develop a permanency plan and a concurrent permanent plan for each child or young adult in the Department's custody within 60 days of the placement of the child or young adult into substitute care.

(b) Review the plan every 90 days, pursuant to OAR 413-040-0005 to 413-040-0032.

(c) Involve a team of individuals knowledgeable about the needs of the child or young adult in the development and ongoing assessment of the most appropriate permanency plan and concurrent permanent plan for the child or young adult. The team must include all of the following:

(A) The parents, unless a supervisor approves not including a specified parent because the contact may compromise the safety of a child or young adult or another individual; parental rights have been terminated; or the parent has signed a release and surrender agreement.

(B) The attorney of the parents, unless parental rights have been terminated or the parents have signed a release and surrender agreement.

(C) The child who has attained 14 years of age or young adult and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010(3)(c).

(D) The CASA.

(E) The attorney of the child or young adult.

(F) A representative of the Indian child'stribe, if there is reason to know the child is an Indian child pursuant to OAR 413-115-0060.

(G) A member of the RCWAC, if the child is a refugee child.

(H) The team may include any of the following:

(i) The child at any age, whenever developmentally appropriate.

(ii) The substitute caregiver of the child or young adult.

(iii) The substitute caregiver's certifier.

(iv) The relatives of the child or young adult.

(v) Persons with a caregiver relationship.

(vi) Other individuals with involvement in the life of the child or young adult.

(vii) Individuals with expertise in permanency.

(d) Use ongoing contacts with the individuals in subsection (c) of this section to:

(A) Monitor the progress toward achieving the permanency plan.

(B) Provide the child or young adult, and the parents of the child or young adult, the opportunity to identify available permanency resources should reunification not be achievable.

(C) Review the efforts to identify and place the child or young adult with a relative or person with a caregiver relationship and to place siblings together.

(D) Consider the parents' acceptance of a plan other than reunification and their preference for continued contact with the child or young adult.

(E) Identify and consider which concurrent permanent plan best meets the current and lifelong safety, permanency, and well-being needs of the child or young adult in the following preferential order:

(i)Tribal customary adoption, if the Department knows or has reason to know that the child is an Indian child and when the Indian child's tribe consents to the tribal customary adoption.

(ii) Adoption.

(iii) Guardianship, which may be considered only when there are compelling reasons why adoption cannot be achieved.

(iv) Placement with a fit and willing relative, which may be considered only when there are compelling reasons why adoption or guardianship cannot be achieved.

(v) If the child has reached the age of 16, Another Planned Permanency Living Arrangement, which may be considered only when there are compelling reasons why adoption, guardianship or placement with a fit and willing relative cannot be achieved.

(e) Determine the Department has taken action on the potential permanency resources identified by the child or young adult, the family of child or young adult, a member of the team of the child or young adult, or the Department.

(f) Determine which permanency plan best meets the safety, permanency, and well-being needs of the child or young adult and provides the child or young adult with support and connection in adulthood, and document the basis for the determination.

(g) Submit a recommendation to the permanency committee as required in OAR 413-070-0516, unless the proposed permanency plan is tribal customary adoption, which does not require the review of the permanency committee, or the Central Office Guardianship Committee as required in OAR 413-070-0668.

(h) Obtain the approval of a legal assistance specialist before recommending to the court a change of the permanency plan to adoption.

(i) Consult with the Indian child'stribe about their preferred permanency plan and, if the tribe's preferred permanency plan is tribal customary adoption, obtain the approval of the Indian child's tribe before recommending to the court a change of the permanency plan to tribal customary adoption.

(2) Participants in the development and review process must be informed of all of the following:

(a) The purpose of permanency and concurrent planning.

(b) The timelines under which the Department pursues permanency pursuant to federal and state law.

(c) The resources which may be available to relatives when adoption or guardianship is a permanency plan.

(3) If the court approves tribal customary adoption as the permanency plan of the Indian child and the Indian child'stribe consents to the tribal customary adoption, the Department must provide the Indian child'stribe and proposed tribal customary adoptive parents with a written report regarding the Indian child, including, to the extent not otherwise prohibited by federal or state law:

(a) The medical background, if known, of the child's parents; and

(b) The child's educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations.

Or. Admin. R. 413-070-0512

SOSCF 10-2000, f. & cert. ef. 4-28-00; SOSCF 42-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 43-2003, f. 12-31-03, cert. ef. 1-1-04; Renumbered from 413-070-0515 by CWP 27-2010, f. & cert. ef. 12-29-10; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 17-2015, f. 9-28-15, cert. ef. 10/1/2015; 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 128-2020, amend filed 06/08/2020, effective 6/8/2020; CWP 1-2022, temporary amend filed 01/03/2022, effective 1/3/2022 through 7/1/2022; CWP 11-2022, amend filed 06/23/2022, effective 7/1/2022; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005