Or. Admin. Code § 413-010-0320 - Relative Involvement in Case Planning and Court Hearings

(1) The Department may involve a relative as a safety service provider after the assessment that determines the individual is a safe and appropriate resource for involvement in managing a child's safety as required under Child Welfare Policy I-AB.7, "Assessment of an Individual as a Safety Service Provider", OAR 413-015-1200 to 413-015-1230.

(2) The Department must consider a family decision-making meeting as described in ORS 417.365 and when the family decision-making meeting is held, the Department may include any family member as defined in ORS 417.371(4)(a) or relative in this meeting under Child Welfare Policy I-B.3.1, "Developing and Managing the Case Plan", OAR 413-040-0008.

(3) The Department must provide notice of a court hearing to:

(a) A relative who is currently providing substitute care for a child in the legal custody of the Department pursuant to juvenile court jurisdiction as set forth in ORS 419B.875(6); and

(b) A grandparent of a child or young adult in the Department's custody, as required by ORS 419B.875(7). For purposes of this subsection, "grandparent" means the legal parent of the child or young adult's legal parent, as defined in ORS 109.119.

(4) A relative who expresses to the Department an interest in a child has a right to provide information about the child's background and to provide input on the safety, attachment, and permanency needs of the child.

(5) Unless an exception to contact is provided by the Child Welfare Program Manager or designee under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0072(1) or an order of a court, under 42 USC 671(a)(29) the Department must provide notice, within 30 calendar days after the removal of a child from the custody of the parent or parents of the child, to all grandparents and other adult relatives of the child known to the Department, that complies with all of the following subsections:

(a) Specifies that the child has been or is being removed from the custody of the parent or parents of the child;

(b) Explains options under federal and state law to participate in the care and placement of the child;

(c) Describes the requirements the individual must meet to become a relative resource parent and the services and supports available for a child placed with a relative resource parent under federal and state law; and

(d) Describes the eligibility criteria for and availability of Guardianship Assistance benefits when all Guardianship Assistance eligibility criteria are met under Child Welfare Policy I-E.3.6.2, "Guardianship Assistance", OAR 413-070-0900 to 413-070-0974.

(6) An exception to contact by the Child Welfare Program Manager or designee under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0072(1) does not relieve the Department of its obligation to provide notice of court hearings to grandparents under subsection (3)(b) of this rule.

Notes

Or. Admin. Code § 413-010-0320

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 9-2010, f. & cert. ef. 7-1-10; CWP 14-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 96-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 109.119 - 109.123, ORS 417.365, ORS 417.371, ORS 418.005, ORS 419B.875 & ORS 409.050

Statutes/Other Implemented: ORS 109.119-109.123, ORS 417.365, ORS 417.371, ORS 418.005 & ORS 419B.875