Or. Admin. Code § 413-070-0668

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-070-0668 - Consideration of a Relative as the Legal Guardian when the Relative is not the current Substitute Caregiver

(1) A Central Office Guardianship Committee must be scheduled when a caseworker recommends a change in the permanency plan to guardianship and the Department has identified a relative as a potential guardian to exercise the duties and responsibilities of a guardian while the child continues to reside with the current substitute caregiver.

(2) For a child in the care and custody of the Department, who is placed in a substitute care, the Child Welfare Permanency Program Manager may approve a waiver of the requirements in 413-070-0665 and (3) under the following circumstances:

(a) The substitute caregiver has demonstrated their commitment to the care and well-being of the child and desires to continue the placement of the child in their home but is unable to serve as a potential guardian,

(b) The Department has identified a relative as a potential guardian who is committed to accepting the duties and responsibilities of a guardian for the child while the child continues to reside with the substitute caregiver,

(c) The Department, the potential guardian and the substitute caregiver agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child's safety, well-being and permanency,

(d) The potential guardian and the substitute caregiver agree that if approved by the Department and established by the court as guardian, the potential guardian will exercise the authority, duties and responsibilities of guardian for the child and the child will continue to reside with the substitute caregiver; and

(e) The substitute caregiver and potential guardian understand and agree that the child will not be eligible to receive guardianship assistance at any time.

(3) In order to be considered as a potential guardian under this rule, the potential guardian must:

(a) Meet the definition of a relative under OAR 413-070-0000(79);

(b) Demonstrate a strong commitment to maintaining a lifelong connection with the child;

(c) Demonstrate a commitment to accepting the duties and responsibilities of a guardian for the child while the child continues to reside with the substitute caregiver;

(d) Be willing to participate in all activities required to maintain the child's placement with the substitute caregiver;

(e) Have been, pursuant to OAR 413-120-0440 to 413-120-0475, approved through a Department approved, fingerprint-based criminal records check of the National Crime Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check;

(f) Agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child's safety, well-being and permanency; and

(g) Have a Relative Study as a Potential Guardian form completed documenting how the potential guardian's skills and abilities meet the best interests and needs for safety and permanency for the child.

(4) In order to be considered as a substitute caregiver under this rule, the substitute caregiver must:

(a) Be currently caring for the child for the last 12 consecutive months and have a current Certificate of Approval from one of the following entities:

(A) The Department under OAR 413-200-0301 to 413-200-0396.

(B) Office of Developmental Disabilities Services under OAR Chapter 411-Division 346.

(C) A foster care agency under OAR 413-215-0301 to 413-215-0396.

(D) A participatingtribe when the potential guardian is currently certified as a foster home by the participating tribe as meeting the tribe's certification and licensing standards.

(E) Another state when the potential guardian is currently certified or otherwise approved by the state in which the potential guardian resides and approved as a placement for the child under the Interstate Compact on Placement of Children (ICPC).

(b) Demonstrate a commitment to the care and well-being of the child and a desire to continue the placement of the child in their home.

(c) Have been included on the Relative Study as a Potential Guardian form documenting the substitute caregiver's skills and abilities to meet the best interests and needs for safety and permanency for the child; and

(d) Agree that the child, the potential guardian and the substitute caregiver can maintain a stable relationship with one another and work together without Department supervision to ensure the child's safety, well-being and permanency.

(5) For consideration of a guardianship plan under this rule, the caseworker must complete all of the following requirements and present to the Central Office Guardianship Committee when scheduled:

(a) Assess the commitment of the potential guardian to the child, including maintaining lifelong contact with the child, participating in service planning, and assisting with raising the child by assuring the child's physical, emotional, developmental, cultural and educational needs are met;

(b) Assess the ability of the potential guardian to communicate effectively with the substitute caregiver;

(c) Assess the ability of the potential guardian to make decisions in the best interest of the child considering the safety, permanency and well-being needs of the child;

(d) Assess the ability of the potential guardian to protect the child from contact with those who may harm the child and the ability to protect the child from further victimization;

(e) Assess with the certifier of the substitute caregiver the ability and commitment of the substitute caregiver to provide safety, permanency, and well-being for the child pursuant to OAR 413-070-0640;

(f) Assess with the certifier of the substitute caregiver the extent to which the substitute caregiver has the specific skills to meet the unique physical, emotional, developmental, cultural, educational and supervisory needs for the child;

(g) Assess the ability of the potential guardian and substitute caregiver being considered to maintain safe, long-term contact with siblings, relatives and caregivers known to the child or ward and others with whom the child or ward has developed an emotional attachment;

(h) Explain and provide the potential guardian and substitute caregiver written information regarding the duties and responsibilities of a caregiver and guardian; and

(i) The substitute caregiver and potential guardian were advised and have signed the Responsibilities of a Legal Guardian and Caregiver form acknowledging their understanding that the child will not be eligible to receive guardianship assistance at any time.

(6) The Central Office Guardianship Committee must review all the information presented to the committee and make written recommendations to the Child Welfare Program Manager or designee regarding:

(a) Whether guardianship is, or if a permanency committee under OAR 413-070-0518 has already occurred, whether guardianship continues to be, an appropriate permanency plan for the child;

(b) Whether the potential guardian can meet the child's needs as described in subsection (7)(c) of this rule and should be considered as a potential guardian; and

(c) Whether the substitute caregiver can meet the child's needs as described in subsection (7)(c) of this rule.

(7) After reviewing the recommendations of the Central Office Guardianship Committee, the Child Welfare Program Manager or designee must decide whether guardianship with the identified relative is the appropriate permanency plan for the child based upon:

(a) How a permanency plan of guardianship meets the child's needs, and the requirements of OAR 413-070-0660 and OAR 413-070-0668(2)-(5);

(b) Whether the Department has provided the child and the child's parents an opportunity to identify available permanency; and

(c) Whether the substitute caregiver and the potential guardian are able to meet the child's needs pursuant to OAR 413-070-0640.

(8) If the Child Welfare Program Manager or designee has approved the permanency plan of guardianship for the child and the relative as the potential guardian, the Child Welfare Program Manager must submit a written recommendation to the Child Permanency Program Manager outlining why it is in the best interest of the child to pursue a plan of guardianship pursuant to section (1) of this rule, including waiver of the requirements in OAR 413-070-0665 (2) and (3) pursuant to section (2) of this rule.

(9) When a written recommendation described in section (8) of this rule is received, the Central Office Child Permanency Program Manager must review and approve or deny the waiver of the requirements in 413-070-0665 (2) and (3).

(10) If the Child Permanency Program Manager decides to approve guardianship as a permanency plan for the child, the caseworker must -

(a) Request a permanency hearing before the court within 30 days of the decision unless the court has already changed the permanency plan for the child to guardianship pursuant OAR 413-070-0518(1).

(b) Prior to the court hearing, provide the court with supporting written documentation regarding the Department's position that:

(A) Guardianship under this rule is in the child's best interest; and

(B) Neither placement with parents nor adoption is an appropriate plan.

(c) At the court hearing, recommend that the court approve changing the child's permanency plan to guardianship under this rule;

(11) Prior to the court hearing to request the final order of guardianship, the Department must document in the case record that the caseworker, supervising worker, if any, and the certifier for the substitute caregiver recommends the finalization of the guardianship.

Or. Admin. Code § 413-070-0668

CWP 128-2020, adopt filed 06/08/2020, effective 6/8/2020; CWP 14-2021, minor correction filed 05/28/2021, effective 5/28/2021; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005, ORS 419B.369 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 419B.369 & ORS 419B.192