Or. Admin. Code § 413-070-0917

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

Section 413-070-0917 - Eligibility for Guardianship Assistance

(1) To be eligible for Title IV-E guardianship assistance, a child must meet all of the following:

(a) Be a United States citizen or qualified non-citizen as described in OAR 413-100-0210 and in 8 USC section 1641(b) or (c).

(b) Be placed in the United States or a possession thereof.

(c) Have resided in the home of the potential guardian for a period of at least six consecutive months during which the potential guardian was fully licensed, certified, or approved by the state or a participating tribe as meeting the licensure or certification requirements for a foster family home in the state where the home is located.

(d) Be placed with the potential guardian who meets the relative definition as described in OAR 413-070-0000(79)(a) to (e).

(e) Demonstrate a strong attachment to the potential guardian.

(f) Be removed from his or her home pursuant to a voluntary placement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.

(g) Be eligible for Title IV-E foster care maintenance payments.

(h) Be in the care or custody of the Department or participating tribe.

(i) Be placed with a potential guardian who indicates an economic need to care for the child.

(2) Each sibling of a child or young adult eligible for Title IV-E guardianship assistance is also eligible for Title IV-E guardianship assistance when:

(a) The sibling meets the eligibility requirements in subsections, (b) and (i) of section (1) of this rule;

(b) The sibling is placed in a guardianship with the same potential guardian or guardian, whether the siblings are placed at the same time or not; and

(c) The potential guardian or guardian and the Department or participating tribe agree that placing the child's sibling in the home of the potential guardian or guardian is appropriate.

(3) To be eligible for state-funded guardianship assistance, a child must:

(a) Be ineligible for Title IV-E funded guardianship assistance;

(b) Except as provided in section (5) of this rule, meet the eligibility requirements in subsections (a) to (e) and (i) of section (1) of this rule; and

(c) Except as provided in section (5) of this rule, be in the care or custody of the Department.

(4) Each sibling of a child or young adult eligible for state-funded guardianship assistance as described in section (3) of this rule is also eligible for state-funded guardianship assistance when:

(a) The sibling is ineligible for Title IV-E foster care payments;

(b) The sibling meets the eligibility requirements in subsections (a) and (i) of section (1) of this rule;

(c) The sibling is placed in a guardianship with the same potential guardian or guardian, whether the siblings are placed at the same time or not; and

(d) The potential guardian or guardian and the Department agree that placing the child's sibling in the home of the potential guardian or guardian is appropriate.

(5) For state-funded guardianships, the Director of the Department may authorize a waiver of the eligibility requirements in subsections (1)(c) to (h) of this rule under the following circumstances:

(a) The child has or had an open assessment or open case with the Department;

(b) The Department recommends the guardianship be established to prevent the child from entering Oregon foster care or to expedite the child leaving Oregon foster care;

(c) Pursuant to OAR 413-120-0440 to 413-120-0475, the guardian and all adults living in the home of the guardian have been 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; and

(d) The Department reviews known information regarding the guardian and all adults living in the home and determines they have the ability to meet the safety, well-being, and permanency needs of the child.

(6) For consideration of guardianship assistance under section (5) of this rule, 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 receive guardianship assistance pursuant to section (5) of this rule.

(7) When a recommendation outlined in section (6) of this rule is received, the Child Permanency Program Manager must submit it to the Director of the Department for review and consideration.

(8) The child must be consulted regarding the guardianship arrangement when the child has attained 14 years of age.

(9) In the event of the death or incapacity of the guardian, a child eligible for Title IV-E or state-funded guardianship assistance remains eligible if a successor legal guardian is named in the guardianship assistance agreement, including any amendments to the agreement, prior to the death or incapacity of the guardian, and the requirements of OAR 413-070-0925(2) are met.

(10) All of the following must be documented in the child's case plan:

(a) How the child meets the eligibility requirements.

(b) The steps the Department or participating tribe has taken to determine that return to the home or adoption is not appropriate.

(c) The efforts the Department or participating tribe has made to discuss adoption with the child's relative caregiver and the reasons adoption is not an option.

(d) The efforts the Department or participating tribe has made to discuss kinship guardianship with the child's parent or parents or the reasons why efforts were not made.

(e) The reason a permanent placement with a potential relative guardian and receipt of a kinship guardian assistance payment is in the child's best interests.

(f) The reasons for any separation of siblings during placement. If the child's placement witsh the potential relative guardian does not include siblings, the case plan must also include a description of the reasons the child is separated from siblings during placement.

(11) A guardianship assistance agreement must be signed by the potential guardian and a Department representative before guardianship has been legally established by a state or participating tribal court.

Or. Admin. Code § 413-070-0917

SOSCF 7-2000, f. & cert. ef. 2-10-00; SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 26-2003, f. & cert. ef. 7-31-03; CWP 8-2004, f. & cert. ef. 4-1-04; CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09; CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09; CWP 12-2009, f. & cert. ef. 9-28-09; CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 24-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11; CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14; CWP 4-2015(Temp), f. & cert. ef. 1-21-15 thru 7-19-15; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 14-2015(Temp), f. & cert. ef. 8-19-15 thru 2-14-16; CWP 17-2015, f. 9-28-15, cert. ef. 10/1/2015; CWP 16-2016(Temp), f. & cert. ef. 9-2-16 thru 2-28-17; CWP 24-2016, f. 12-23-16, cert. ef. 1/1/2017; CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018; CWP 3-2018, temporary amend filed 01/03/2018, effective 01/03/2018 through 05/15/2018; CWP 43-2018, amend filed 05/15/2018, effective 5/15/2018; CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019; CWP 113-2018, amend filed 10/31/2018, effective 11/1/2018; CWP 117-2020, minor correction filed 02/27/2020, effective 2/27/2020; CWP 15-2021, minor correction filed 05/28/2021, effective 5/28/2021

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.330, ORS 418.005, ORS 409.010, ORS 411.141, ORS 418.335 & ORS 418.340