Or. Admin. Code § 413-020-0020 - Legal Consent

(1) Only a parent, guardian, or Indian custodian who has legal custody of the child may enter into a Voluntary Custody Agreement (CF 1005).

(2) All persons who have legal custody of the child must sign the agreement unless one person with legal custody of the child is missing.

(3) If one person with legal custody of the child is missing, all other persons with legal custody of the child must sign the agreement and must provide the Department the persons and places likely to have knowledge of the missing whereabouts. The Department must immediately begin a reasonably diligent search to find the other person with legal custody of the child to provide them notice of the agreement.

(4) The parent, guardian, or Indian custodian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.

(5) If the Department knows or has reason to know the child is an Indian child, the caseworker must refer to and comply with OAR chapter 413 division 115 and each parent or Indian custodian who has legal custody must sign the Voluntary Custody Agreement in a hearing before a judge of a court with appropriate jurisdiction. The child must be more than 10 days old.

Notes

Or. Admin. Code § 413-020-0020

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 2-2003, f. & cert. ef. 1-7-03; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 19-2015, f. & cert. ef. 10/1/2015; CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018; CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.015