Or. Admin. Code § 413-010-0000 - Definitions
Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 10.
(1) "Adoption assistance" means assistance
provided on behalf of an eligible child or young adult to offset the costs
associated with adopting and meeting the ongoing needs of the child or young
adult. "Adoption assistance" may be in the form of payments, medical coverage,
reimbursement of nonrecurring expenses, or special payments.
(2) "Adoption records, papers, and files"
means all documents, writings, information, exhibits, and other filings
retained in the court's record of an adoption case pursuant to ORS
109.319 and includes but is not
limited to the Adoption Summary and Segregated Information Statement described
in ORS 109.317 and exhibits attached to
the statement, the petition and exhibits attached to the petition pursuant to
ORS 109.315, and any other motion,
judgment, document, writing, information, exhibit, or filing retained in the
court's record of the adoption case.
(3) "Adoptive family" means an individual or
individuals who have legalized a parental relationship to the
child who joined the family through a judgment of the
court.
(4) "Adult" means a person
18 years of age or older.
(5) "Base
rate payment" means a payment to the resource parent or relative resource
parent at a rate established by the Department for the costs of providing the
child or young adult with the following:
(a) Food, including the special or unique
nutritional needs of the child or young
adult;
(b) Clothing,
including purchase and replacement;
(c) Housing, including maintenance of
household utilities, furnishings, and equipment;
(d) Daily supervision, including teaching and
directing to ensure safety and well-being at a level appropriate for the
chronological age of the child or young
adult;
(e) Personal
incidentals, including personal care items, entertainment, reading materials,
and miscellaneous items; and
(f)
Transportation, including gas, oil, and vehicle maintenance and repair costs
for local travel associated with providing the items listed above, and
transportation to and from extracurricular, child care, recreational, and
cultural activities.
(6)
"Case plan" means a written, goal oriented, and time-limited individualized
plan for the child and the child's family, developed by the Department and the
parents or guardians, to achieve the child's safety, permanency, and
well-being.
(7) "Central Office CPS
Founded Disposition Review" means a process wherein a Central Office
CPS Founded Disposition Review Committee reviews a founded
disposition, makes recommendations to the Central Office Safety Program Manager
or designee, and the Central Office Safety Program Manager or designee makes a
decision to uphold, overturn, or change the abuse type of the founded
disposition.
(8) "Central Office
CPS Founded Disposition Review Committee" means a group of two child welfare
employees who make a recommendation or recommendations to the Child Protective
Services Program Manager or designee regarding the CPS founded disposition. No
one may serve on the "Central Office CPS Founded Disposition Review Committee"
who participated in or observed the Local Child Welfare Office CPS
Founded Disposition Review or had a role in the CPS assessment,
including having participated in a staffing, that resulted in the CPS founded
disposition under review. Further requirements of the "Central Office CPS
Founded Disposition Review Committee" are found in OAR
413-010-0745 and
413-010-0746. The two child
welfare staff on the committee must include any two of the following:
(a) Either the Program Manager for CPS or a
designee;
(b) A CPS program
coordinator;
(c) A CPS consultant;
or
(d) A Department
supervisor.
(9)
"Certificate of Approval" means a document that the Department issues to
approve the operation of a child-specific relative resource
parent home, child-specific foster home, pre-adoptive home, or a
regular foster home.
(10)
"Certified family" means an individual or individuals who hold a current
Certificate of Approval from the Department to operate a home to provide care,
in the home in which they reside, to a child or young adult in the care or
custody of the Department.
(11)
"Child" means a person who:
(a) Is under 18
years of age; or
(b) Is under 21
years of age and residing in or receiving care or services at a child- caring
agency or proctor foster home.
(12) "Child-caring agency" has the meaning
given to it in ORS 418.205 as amended by Oregon
Laws 2017 chapter 244, and means a "child-caring agency" that is not owned,
operated, or administered by a governmental agency or unit.
(13) "Child protective services" (CPS) means
a specialized social service program that the Department provides on behalf of
children or, when applicable, young adults who may be unsafe
after a report of abuse is
received.
(14) "Client" means any
individual receiving services from the Department, including the
parent or legal guardian of a
child or young adult, or the custodian of an
unemancipated minor client.
(15)
"Client file" means an electronic or paper file that the Department marks with
the names of one or more clients, into which the Department places all of the
named clients' records. A "client file" may contain confidential
information about other clients and persons who are not
clients.
(16) "Client information"
means confidential information about a client
or identified with a client.
(17) "Client record" means any
record that includes client information and
is created, requested, or held by the Department. A "client record" does not
include general information, policy statements, statistical reports, or similar
compilations of data which are not identified with an individual
child, family or other recipient of services.
(18) "Confidential information" means
information that is unavailable to the public by statute, rule, or court
order.
(19) "Contract Provider"
means any individual or organization that provides services to a Child Welfare
client pursuant to a contract or agreement with Child
Welfare.
(20) "Court Appointed
Special Advocate (CASA)" means a volunteer who is appointed by the court, is a
party to the juvenile proceeding, and advocates for the child
pursuant to ORS 419A.170.
(21) "CPS Disposition" means a determination
that completes a CPS assessment. Dispositions are discussed in OAR
413-015-1000 and include
founded, unfounded, and unable to determine.
(22) "Department" means the Oregon Department
of Human Services.
(23) "Department
adoption records" means all documents, writings, and information required to be
retained in the Department's Central Office adoption file including, but not
limited to:
(a) Adoption records, papers, and
files;
(b) Records and information
created, generated, produced, or submitted for purposes of selecting the
adoptive family for the child;
(c) Documents, writings and information
obtained, created, or submitted by the Department Child Permanency Program
staff for the purposes of finalizing the child's adoption;
(d) Records and information obtained or
created by the Department for the purposes of determining eligibility or making
payment for adoption assistance;
(e) Any medical, psychiatric, or
psychological records of the child received by the Child
Permanency Program staff for retention as part of the Child Permanency Program
adoption file of the child;
(f) The names, address, or other identifying
information of the adoptive family of the
child; and
(g) The
birth certificate of the child.
(24) "Discipline" means a training process a
family uses to help a child or young adult develop the self-control and
self-direction necessary to assume responsibilities, make daily living
decisions, and learn to conform to accepted levels of social
behavior.
(25) "Disclose" means
reveal or provide client information to a person, agency,
organization, or other entity outside of the Department of Human Services.
Disclosing includes, but is not limited to:
(a) Showing or providing a client
record or copy of a client record; and
(b) Orally transmitting client
information.
(26) "Gender expression" means the manner in
which a person expresses gender through clothing, appearance, behavior, speech,
etc. Gender expression is distinct from sexual orientation and gender
identity.
(27) "Gender identity"
means an individual's gender-related identity, appearance, expression or
behavior, regardless of whether the identity, appearance, expression or
behavior differs from that associated with the gender assigned to the
individual at birth.
(28)
"Guardian" means an individual who has been granted guardianship of a
child through a judgment of the court.
(29) "Guardianship assistance" means
assistance provided by the Department to the guardian on
behalf of an eligible child or young adult to
offset costs associated with meeting the ongoing needs of the
child or young adult. "Guardianship
assistance" may be in the form of a payment, medical coverage, or reimbursement
of guardianship expenses.
(30)
"Indian child" means an unmarried person who is under 18 years of age and who
is either a member of an Indian Tribe or is eligible for membership in an
Indian Tribe and who is the biological child of a member of an Indian
Tribe.
(31) "Juvenile" means a
person younger than the age of 18 years who is identified as a perpetrator. OAR
413-010-0716 provides specific
requirements regarding application of these rules to juveniles.
(32) "Legal custody" means that a person or
agency has legal authority:
(a) To have
physical custody and control of a child;
(b) To supply the child with
food, clothing, shelter and other necessities;
(c) To provide the child
with care, education and discipline;
(d) To authorize ordinary medical, dental,
psychiatric, psychological, hygienic or other remedial care or treatment for
the child, and in any emergency where the child's safety
appears urgently to require it, to authorize surgery or other extraordinary
care; and
(e) "Legal custody"
includes temporary custody of a child under an order of a
court.
(33) "Legal
finding" means a court or administrative finding, judgment, order, stipulation,
plea, or verdict that determines who was responsible for the abuse that is the
subject of a CPS founded disposition. Successful completion of a diversion
program is not a legal finding.
(34) "Legal proceeding" means a court or
administrative proceeding that may result in a legal finding.
(35) "Legally emancipated " means a person
under 18 years of age who is married or has been emancipated by the court in
accordance with the requirements of ORS
419B.558.
(36) "Level of care payment" means the
payment provided to an approved or certified family, a
guardian, a pre-adoptive family, or an
adoptive family based on the need for enhanced supervision of
a child or young adult as determined by
applying the CANS algorithm to the results of the CANS screening.
(37) "Level of personal care payment" means
the payment to a qualified provider for performing the personal care services
for an eligible child or young adult based on
the child's or young adult's need for personal care services as determined by
applying the personal care services algorithm to the results of the personal
care services rating scale.
(38)
"Licensee" means a child-caring agency that holds a license
issued by the Department.
(39)
"Local Child Welfare Office CPS Founded Disposition Review" means a process
wherein a Local Child Welfare Office CPS Founded Disposition Review Committee
reviews a founded disposition, makes recommendations to a Child Welfare Program
Manager or designee, and the Child Welfare Program Manager or designee makes a
decision to uphold, overturn, or change the abuse type of the founded
disposition.
(40) "Local Child
Welfare Office CPS Founded Disposition Review Committee" means a group of two
child welfare employees who make a recommendation or recommendations to a Child
Welfare Program Manager or designee regarding a CPS founded disposition. One of
the members must be a manager and one must be staff trained in CPS assessment
and dispositions. No one may serve on the "Local Child Welfare Office CPS
Founded Disposition Review Committee" in the review of an assessment in which
he or she had a role in the CPS assessment, including having participated in a
staffing, that resulted in the CPS founded disposition under review. Further
requirements of the "Local Child Welfare Office CPS Founded Disposition Review
Committee" are found in OAR
413-010-0735 and
413-010-0738.
(41) "Parent" means the biological or
adoptive mother or the legal father of the child. A legal
father is a man who has adopted the child or whose paternity
has been established or declared under ORS
109.070,
416.400 to
416.465, or by a juvenile court.
In cases involving an Indian child under the Indian Child
Welfare Act (ICWA), a legal father includes a man who is a father under
applicable tribal law. "Parent" also includes a putative father who has
demonstrated a direct and significant commitment to the child
by assuming or attempting to assume responsibilities normally associated with
parenthood unless a court finds that the putative father is not the legal
father.
(42) "Participating Tribe"
means a federally recognized Indian Tribe in Oregon with a Title IV-E agreement
with the Department.
(43) "Party"
means a person entitled to a contested case hearing under these
rules.
(44) "Perpetrator" means the
person the Department has reasonable cause to believe is responsible for child
abuse in a CPS founded disposition.
(45) "Person Requesting Review" or
"Requestor" means a perpetrator, their attorney, or, if a juvenile is
identified as the perpetrator, the person who may request a review on their
behalf, who requests a review of the founded disposition.
(46) "Potential guardian" means an individual
who:
(a) Has been approved by the Department
or participating Tribe to be a child's
guardian; and
(b)
Is in the process of legalizing the relationship to the child
through the judgment of the court.
(47) "Pre-adoptive family" means an
individual or individuals who:
(a) Has been
selected to be a child's adoptive family; and
(b) Is in the process of legalizing the
relationship to the child through the judgment of the
court.
(48) "Record"
means a record, file, paper, or communication and includes, but is not limited
to, any writing or recording of information including automated records and
printouts, handwriting, typewriting, printing, photostating, photographing,
magnetic tapes, videotapes, or other documents. "Record" includes records that
are in electronic form.
(49)
"Record of sexual orientation, gender identity or gender expression" means a
written or recorded statement made by a child, memoranda of an oral statement
made by a child or any other documentation in a child's child welfare records
of the child's statement, if the statement concerns the child's sexual
orientation, gender expression or gender identity.
(50) "Registered domestic partner" means an
individual joined in a domestic partnership that has been registered by a
county clerk in accordance with ORS
106.300 to
106.340.
(51) "Relative" means any of the following:
(a) An individual with one of the following
relationships to the child or young adult
through the parent of the child or
young adult unless the relationship has been dissolved by
adoption of the child, young adult, or
parent:
(A) Any blood
relative of preceding generations denoted by the prefixes of grand, great, or
great-great.
(B) Any half-blood
relative of preceding generations denoted by the prefixes of grand, great, or
great-great. Individuals with one common biological parent are half-blood
relatives.
(C) An aunt, uncle,
nephew, niece, first cousin, and first cousin once removed.
(D) A spouse of anyone listed in paragraphs
(A) to (C) of this subsection, even if a petition for annulment, dissolution,
or separation has been filed or the marriage is terminated by divorce or death.
To be considered a "relative" under this paragraph, the child
or young adult must have had a relationship with the spouse
prior to the most recent episode of Department custody.
(b) An individual with one of the following
relationships to the child or young adult:
(A) A sibling, also to
include an individual with a sibling relationship to the child
or young adult through a putative father.
(B) An individual defined as a relative by
the law or custom of the Tribe of the child or young
adult if the child or young adult is
an Indian child under the Indian Child Welfare Act or in the
legal custody of a Tribe.
(C) An
individual defined as a relative of a refugee child or young adult under OAR
413-070-0300 to
413-070-0380.
(D) A stepparent or former stepparent if the
child or young adult had a relationship with
the former stepparent prior to the most recent episode of Department custody; a
stepbrother; or a stepsister.
(E) A
registered domestic partner of the parent of
the child or young adult or a former
registered domestic partner of the parent of
the child or young adult if the
child or young adult had a relationship with
the former domestic partner prior to the most recent episode of Department
custody.
(F) The adoptive parent or
an individual who has been designated as the adoptive resource of a
sibling of the child or young
adult.
(G) An unrelated
legal or biological father or mother of a half-sibling of the
child or young adult when the half-sibling of
the child or young adult is living with the
unrelated legal or biological father or mother.
(c) An individual identified by the
child or young adult or the family of the
child or young adult, or an individual who
self-identifies, as being related to the child or
young adult through the parent of the
child or young adult by blood, adoption, or
marriage to a degree other than an individual specified as a "relative" in
paragraphs (A) to (C) of subsection (a) of this section unless the relationship
has been dissolved by adoption of the child, young
adult, or parent.
(d) An individual meeting the requirements of
at least one of the following:
(A) An
individual not related to the child, young
adult, or parent by blood, adoption, or marriage:
(i) Who is identified as a member of the
family by the child or young adult or by the
family of the child or young adult;
and
(ii) Who had an emotionally
significant relationship with the child or young
adult or the family of the child or young
adult prior to the most recent episode of Department
custody.
(B) An
individual who has a blood relationship to the child or
young adult as described in paragraphs (A) to (C) of
subsection (a) of this section through the birth parent of the
child or young adult, but the prior legal
relationship has been dissolved by adoption of the child,
young adult, or birth parent, and who is identified as a
member of the family by the child or young
adult or who self-identifies as a member of the family.
(e) For eligibility for the
guardianship assistance program:
(A) A
stepparent is considered a parent and is not a "relative" for
the purpose of eligibility for guardianship assistance unless a petition for
annulment, dissolution, or separation has been filed, or the marriage to the
adoptive or biological parent of the child has been terminated
by divorce or death.
(B) A resource
parent may only be considered a "relative" for the purpose of eligibility for
guardianship assistance when:
(i) There is a
compelling reason why adoption is not an achievable permanency plan;
(ii) The resource parent is currently caring
for a child, in the care or custody of the Department or a
participating Tribe, who has a permanency plan or concurrent permanent plan of
guardianship;
(iii) The resource
parent has cared for the child for at least 12 of the past 24
months; and
(iv) The Department or
tribe has approved the resource parent for consideration as a
guardian.
(52) "Relative resource parent" means an
individual who operates a home that has been approved by the Department to
provide care for a related child or young adult placed in the home by the
Department.
(53) "Request for a
Central Office CPS Founded Disposition Review" means a written request for a
Central Office CPS Founded Disposition Review from a
requestor who has received a Local Child Welfare Office CPS
Founded Disposition Review Decision (Form CF 314) to retain a founded
disposition. The specific requirements for a request for review by Central
Office are described in OAR
413-010-0740.
(54) "Safety service provider" means a
participant in a protective action plan, initial safety plan, or ongoing safety
plan whose actions, assistance, or supervision help a family in managing a
child's safety.
(55) "Service"
means assistance that the Department provides clients.
(56) "Sexual orientation" means an
individual's actual or perceived heterosexuality, homosexuality or
bisexuality.
(57) "Sibling" means
one of two or more children or young adults who are related, or would be
related but for a termination or other disruption of parental rights, in one of
the following ways:
(a) By blood or adoption
through a common parent;
(b) Through the marriage of the legal or
biological parents of the children or young adults; or
(c) Through a legal or biological parent who
is the registered domestic partner of the legal or biological
parent of the children or young adults.
(58) "Substitute care" means the out-of-home
placement of a child or young adult who is in
the legal or physical custody and care of the Department.
(59) "Substitute caregiver" means a relative
resource parent, resource parent, or provider authorized to provide care to a
child or young adult in the legal or physical
custody of the Department.
(60)
"Visit" means planned, in-person contact between the child or
young adult and one or more family members.
(61) "Voluntary services" means services that
the Department provides at the request of a person or persons and there is no
open and related juvenile court proceeding.
(62) "Young adult" means a person 18 through
20 years of age.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.010, ORS 409.225, ORS 419A.255, ORS 418.200, ORS 418.606-418.609 & ORS 174.100
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