(1) Where the injured recipient is a minor,
the Department may petition the court having probate jurisdiction in the county
in which the minor lives to determine the sum that will be needed for the
minor's complete physical rehabilitation. Except to the extent that of the
federal share of the amount of a lien, the lien of the Department, including
any lien assigned to a prepaid managed care health services organization, shall
not attach to the amount of any sum needed for the rehabilitation.
(2) If the recipient is a minor, no payments
to the Department in satisfaction of its lien and no payments to the recipient
under a judgment, settlement, or compromise may be made until a hearing has
taken place and the court has issued its order under ORS
Or. Admin. R.
AFS 62-1989, f. 10-5-89,
cert. ef. 10-15-89; AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93; Renumbered
from 461-010-0150; SSP 19-2005, f. 12-30-05, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS