Or. Admin. Code § 413-020-0130 - Department Authority in Voluntary Placement and Voluntary Custody Agreements

(1) When a parent, guardian, or Indian custodian of a child authorizes a voluntary placement with the Department, the parent, guardian, or Indian custodian remains guardian of the child and retains legal authority, and is obligated to continue to exercise and perform all parental duties and legal responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Child (CF 499).

(2) When a young adult authorizes voluntary placement of themselves through the Department, the young adult retains legal authorities and responsibilities except those delegated to the Department by the signed Voluntary Placement Agreement for a Young Adult (CF499A).

(3) In the event the parent, guardian, or Indian custodian is unavailable or unwilling to fulfill the responsibilities of a guardian, the Department will petition the Juvenile Court and request authority to provide essential services to the child.

(4) When a child is in the voluntary custody of the Department, the Department or the physical custodian exercises the authority of a legal custodian as assigned in the CF 1005 Voluntary Custody Agreement.

(5) Voluntary custody agreements are covered in OAR 413-020-0005 to 413-020-0050 and voluntary placement agreements are covered in OAR 413-020-0060 to 413-020-0090.

Notes

Or. Admin. Code § 413-020-0130

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 12-2003, f. & cert. ef. 1-9-03; CWP 19-2015, f. & cert. ef. 10/1/2015; 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 109.640 & 418.312