Or. Admin. Code § 413-070-0860

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

Section 413-070-0860 - Visit and Contact Plans

(1) The visit and contact plan.

(a) The caseworker must create a visit and contact plan that ensures child or young adult safety.

(b) The visit and contact plan must be created when the child or young adult first enters substitute care or at the time of the first court hearing required by ORS 419B.183, whichever is first.

(c) The visit and contact plan may be written by Department staff but must be approved by the caseworker or their supervisor.

(d) The court may make an order regarding visitation between the child or young adult's parents, siblings, or grandparents.

(e) If the first visit with the parent or guardian does not occur within the first week of a child or young adult's placement in substitute care, the caseworker must document the reason the visit did not occur in case notes in the Department's electronic information system.

(f) The caseworker must provide a copy of the visit and contact plan to the parents or guardians, the child or young adult as age and developmentally appropriate, and to other people participating in the visit and contact plan.

(g) In developing the visit and contact plan, the caseworker must involve:

(A) The parents or guardians; and

(B) The child or young adult, if appropriate, based on the child or young adult's age and developmental capabilities.

(h) The caseworker may involve the following entities to participate in the development of the visit and contact plan and in facilitating visitation:

(A) Grandparents and other relatives;

(B) Safety service or treatment providers;

(C) The substitute caregiver; and

(D) Tribal representative (if applicable).

(i) Family members, safety service providers and the substitute caregiver should be encouraged to facilitate visitation and support the safety plan.

(j) A copy of the written plan may be given to each participant. The visits must occur in the least restrictive manner in which the child or young adult's safety can be managed and must support the best interests of the child or young adult and any orders of the court regarding visitation with the child or young adult's parents, siblings, or grandparents.

(k) The visit and contact plan must be reviewed every 90 days and may be reviewed and revised at any time. When a visit and contact plan is revised, the caseworker completes a revised visit and contact plan and provides a copy of the revised plan to each participant.

(L) A plan that prohibits a parent or guardian's visit or contact must include the reason for each prohibition and state, if applicable, the conditions under which the Department would begin or resume contact.

(m) The caseworker must document the implementation of the visit and contact plan in the case plan.

(n) The visit and contact plan must include the following:

(A) The purpose and conditions of visits and contacts including type (in-person, via phone, etc.), time of day, frequency, length, and location;

(B) Describe the reason for and level of supervision when supervision is required;

(C) Identify the individual who will supervise the visit or assist a parent or guardian in meeting the needs of the child or young adult during visitation;

(D) Support the safety plan; and

(E) Use language that parents or guardians and the child or young adult can understand and, whenever possible, be written in the caregiver's preferred language.

(o) In developing a visit and contact plan, the caseworker must:

(A) Arrange visits so that the type, time of day, frequency, length, and location of visits maximize contact between the parents or guardians and siblings and the child or young adult, support the safety plan and support the child or young adult's permanency plan as described in OAR 413-070-0855(2) and (3);

(B) Meet the unique needs of the child or young adult, especially considering the child or young adult's chronological or developmental age and sense of time as they affect the child or young adult's attachment to a parent or guardian and other family members;

(C) Arrange visits that do not disrupt the school schedule of the child or young adult whenever possible;

(D) Arrange additional contact such as telephone calls, email, video calls, social media, letters, and other activities the family, siblings, and child or young adult may do together that support the ongoing safety plan, such as attendance by parents or guardians at medical appointments, school events, and religious or spiritual activities;

(E) Address barriers to visitation for the parent, guardian, siblings, child or young adult to participate in visits, including transportation, adaptations for those traveling long distances, health care requirements, and arranging child care for a child or young adult's sibling;

(F) Work within each parent's or guardian's employment and treatment obligations as much as possible;

(G) Ensure the visit and contact plan considers the safety needs of any non-offending parent or guardian in cases involving domestic violence including, but not limited to, different visiting schedules or arranging safe drop-off and pick-up locations;

(H) Explain to a parent or guardian the results of not attending visits;

(I) Explain the known or anticipated reasons for ending a visit (such as health or safety);

(J) Learn about and understand culturally relevant visitation needs, language appropriate visitation services, and take the actions necessary to ensure these needs are met; and

(K) Discuss alternatives when visits are canceled.

(2) The sibling visit and contact plan.

(a) Within 30 days of the date that a child or young adult enters substitute care, the caseworker must develop a written sibling visit and contact plan that supports child safety, the ongoing safety plan, the best interests of the child or young adult and any court orders regarding visitation.

(b) In developing the sibling visit and contact plan, the caseworker:

(A) Must actively engage the child or young adult, each sibling of the child or young adult in substitute care and seek the participation of any other sibling not in substitute care, to the extent that it is safe and appropriate to do so, based on the age and developmental stage of the child or young adult and the sibling; and

(B) May involve the following individuals:

(i) Parents or guardians of the child or young adult;

(ii) Any family member of the child or young adult;

(iii) Safety service or treatment providers;

(iv) The substitute caregiver of the child or young adult;

(v) The parents or guardians of the child or young adult's sibling;

(vi) The substitute caregiver of the child or young adult's sibling; and

(vii) Any other appropriate person.

(C) Must arrange for visits that do not disrupt the school schedule of the child or young adult or the child or young adult's siblings, whenever possible;

(D) Must address any barriers to visitation that must be overcome for the child or young adult and his or her siblings to participate in the visits, including transportation, adaptations for those travelling long distances, and health care requirements;

(E) Must consider the schedule of each substitute caregiver and, if applicable, parent, guardian, or caregiver of the child or young adult's siblings;

(F) Must arrange additional contact between the child or young adult and his or her siblings such as telephone calls, email, and letters, and other activities the siblings may do together that support the ongoing safety plan;

(G) Learn about and understand culturally relevant visitation needs, language appropriate visitation services, and take the actions necessary to ensure these needs are met;

(H) Must explain the known or anticipated reasons for ending a visit (such as health or safety);

(I) Must discuss alternatives when visits are canceled; and

(J) Must explain to the substitute caregiver the requirements of sibling visits and discuss how the substitute caregiver can assist with and facilitate sibling contact and visits.

(c) The sibling visit and contact plan must:

(A) Meet the unique needs of the child or young adult, especially the child or young adult's chronological or developmental age and sense of time as they affect the child or young adult's attachment to a sibling;

(B) Provide for any visits to occur in the least restrictive way in which the child or young adult's siblings' safety can be managed;

(C) Include the conditions of visits and contacts between the child or young adult and his or her siblings, including type, time of day, frequency, length and location;

(D) Describe the reason for and level of supervision for visits or contact when supervision is required;

(E) Identify, in consultation with the caregivers and child or young adult, individuals who will supervise the visit or assist a parent or guardian in meeting the needs of the child or young adult and, if applicable, the child or young adult's siblings during a visit;

(F) Maximize safe and appropriate contact between the child or young adult and his or her siblings; and

(G) If the plan prohibits a child or young adult from visiting with or having contact with a sibling, include the reason for each prohibition and state, if applicable, the conditions under which the Department would begin or resume contact.

(d) The caseworker must provide a copy of the sibling visit and contact plan to the child or young adult, each sibling participating in the plan, the child or young adult's substitute caregiver, and if applicable, the parent, guardian or caregiver of each sibling.

(e) The caseworker must document the implementation of the sibling visit and contact plan in the case plan.

(f) If changes are made to the sibling visit and contact plan, the caseworker must complete a revised sibling visit and contact plan and provide a copy of the revised plan to the child or young adult, each sibling participating in the plan, the child or young adult's substitute caregiver, and if applicable, the parent, guardian or caregiver of each sibling.

(3) The sibling visit and contact plan may be reviewed or revised at any time and must be reviewed every 90 days and updated at least annually.

(4) A visit and contact plan and the sibling visit and contact plan must comply with the Interstate Compact on the Placement of Children (see ORS 417.200 and OAR 413-040-0200 to 413-040-0330).

Or. Admin. Code § 413-070-0860

SOSCF 16-2000, f. & cert. ef. 7-17-00; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 27-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 9-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 22-2017, amend filed 12/29/2017, effective 1/1/2018; CWP 17-2019, amend filed 03/05/2019, effective 3/5/2019; CWP 44-2019, minor correction filed 08/09/2019, effective 8/9/2019

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 419B.337, ORS 419B.440, ORS 419B.449, ORS 419B.876 & ORS 418.606-418.609