Or. Admin. Code § 413-070-0000 - Definitions
The following definitions apply to OAR chapter 413, division 70.
(1) "Adoption" means a legal or
administrative process that establishes a permanent legal parent-child
relationship between a child and an adult who is not already the child's legal
parent and terminates the legal parent-child relationship between the adopted
child and any former parent.
(2)
"Adoptive resource" means an individual or individuals selected by the
Department, another public child welfare agency, or a licensed adoption agency
as the adoptive family for a child where no administrative review was requested
within the timeframe allowed for such a request, or if a review was requested,
the selection has been sustained by that review and the review is
complete.
(3) "Affected family
members" means biological and legal parents, extended family members, and any
person within the fifth degree of consanguinity to the child.
(4) "Age-appropriate or developmentally
appropriate activities" means:
(a) Activities
or items that are generally accepted as suitable for children or young adults
of the same chronological age or level of maturity or that are determined to be
developmentally appropriate for a child or young adult, based on the
development of cognitive, emotional, physical, and behavioral capacities that
are typical for an age or age group; and
(b) In the case of a specific child or young
adult, activities or items that are suitable for the child or young adult based
on the developmental stages attained by the child or young adult with respect
to the cognitive, emotional, physical, and behavioral capacities of the child
or young adult.
(5)
"Antipsychotic medication" means a medication, specified in class 28:16:08 by
the American Hospital Formulary Service, used to treat psychosis and other
conditions.
(6) "APPLA" means
Another Planned Permanent Living Arrangement, a permanency plan for a stable
secure living arrangement for a child who has reached the age of 16 or young
adult that includes building relationships with significant people in the
child's life that may continue after substitute care. APPLA is the least
preferred permanency plan of the five permanency plans for a child or young
adult and is appropriate only after the permanency plans of reunification,
adoption, guardianship, and placement with a fit and willing relative have been
determined not in the best interests of a child or young adult.
(a) "Planned" means the arrangement is
intended, designed, and deliberate.
(b) "Permanent" means enduring and
stable.
(7) "Assessment"
means the determination of a child or young adult's need for mental health
services through interviewing the child or young adult and obtaining all
pertinent medical and psychosocial history information from the individual,
family, and collateral sources. The "assessment:"
(a) Addresses the current complaint or
condition presented by the child or young adult;
(b) Determines a diagnosis; and
(c) Provides treatment direction and
individualized services and supports.
(8) "Base rate payment" means a payment to
the foster parent or relative caregiver 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 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.
(9) "CANS screening" means Child
and Adolescent Needs and Strengths screening, a process of gathering
information on the needs and strengths of a child or young adult:
(a) To identify case planning, service
planning, and supervision needs of the child or young adult in substitute care
with a certified family;
(b) To
determine the level of care payment while in substitute care with a certified
family; and
(c) To determine if a
child or young adult qualifies for a level of care payment for the purpose of
negotiating or renegotiating an adoption assistance or guardianship assistance
payment.
(10) "Caregiver
relationship" means a relationship between a person and a child or young adult
that meets all of the following requirements:
(a) The relationship has existed for the 12
months immediately preceding the initiation of a dependency proceeding, for at
least six months during a dependency proceeding, or for half of the child's
life if the child is less than six months of age. A "caregiver relationship"
does not include a relationship between a child or young adult and a person who
is an unrelated foster parent of the child or young adult unless the
relationship continued for a period of at least twelve consecutive
months.
(b) The person had physical
custody of the child or young adult or resided in the same household as the
child or young adult and provided the child or young adult on a daily basis
with the love, nurturing, and other necessities required to meet the
psychological and physical needs of the child or young adult.
(c) The child or young adult depended on the
relationship to meet the needs of the child or young adult.
(11) "CASA" means a court
appointed special advocate: a volunteer who is appointed by the court, is a
party to the juvenile proceeding, and advocates for the child pursuant to ORS
419B.112.
(12) "Case plan" means a written
goal-oriented, time-limited individualized plan for the child or young adult
and the family of the child or young adult, developed by the Department and the
parents or guardians, to achieve the safety, permanency, and well-being of the
child or young adult.
(13) "Central
Office Guardianship Committee" means a group of individuals convened by
Department staff to make recommendations to the Child Welfare Program Manager
or designee regarding a guardianship plan.
(14) "Certificate of Approval" means a
document that the Department issues to approve the operation of a
child-specific relative caregiver home, child-specific foster home,
pre-adoptive home, or a regular foster home.
(15) "Child" means a person under 18 years of
age.
(16) "Child-family contact"
means communication between the child or young adult and family and includes,
but is not limited to, visitation with the child or young adult, participation
in the child or young adult's activities, and appointments, phone calls,
e-mail, and written correspondence.
(17) "Child's home" means the home from which
the child is removed under the provisions of ORS
419B.150.
(18) "Committee facilitator" means a
Department staff member appointed as a member of the committee to facilitate a
permanency or adoption committee meeting.
(19) "Concurrent permanent plan" means the
alternate permanency plan whenever the child has been placed in substitute care
when the goal of the permanency plan is to return the child to the parents. The
"concurrent permanent plan" is developed simultaneously with the plan to return
the child to the parents or legal guardians.
(20) "Conditions for return" means a written
statement of the specific behaviors, conditions, or circumstances that must
exist within a child's home before a child can safely return and remain in the
home with an in-home ongoing safety plan.
(21) "Congregate care residential setting"
means any setting that cares for more than one child or young adult in the care
or custody of the Department and is not one of the following settings:
(b) A foster home certified by the Office of
Developmental Disabilities Services under OAR
411-346-0100 to
411-346-0240;
(c) A residential facility licensed by the
Office of Developmental Disabilities Services under OAR 411-325-0100 to
411-325-0490;
(d) A proctor foster home certified by a
foster care agency under OAR
413-215-0301 to
413-215-0396; or
(e) A foster home certified and licensed by a
participating tribe.
(22)
"Cultural heritage" means the language, customary beliefs, social norms, and
material traits including, but not limited to, the dress, food, music, and
dance of a racial, religious, or social group that are transmitted from one
generation to another.
(23)
"Current caretaker" means a foster parent who:
(a) Is currently caring for a child in the
care and custody of the Department and has a permanency plan or concurrent
permanent plan of adoption; and
(b)
Has cared for the child or at least one sibling of the child for at least 12
months or for one-half of the child's or sibling's life if the child or sibling
is younger than two years of age. Time spent caring for the child or sibling
under this definition is calculated cumulatively.
(24) "Department" means the Department of
Human Services, Child Welfare.
(25)
"Designee" means a person who the designator directly and immediately
supervises or a person with equal or greater management responsibility than the
designator.
(26) "Enhanced
supervision" means the additional support, direction, observation, and guidance
necessary to promote and ensure the safety and well-being of the child or young
adult when the child or young adult qualifies for a level of care
payment.
(27) "Entity" means any
organization or agency including, but not limited to a private child placing
agency, that is separate and independent of the Department, performs functions
pursuant to a contract or subcontract with the Department, and receives federal
funds.
(28) "Extended family
member" means a person ordinarily recognized as the refugee child's parent by
the custom of the child's culture, or a person 18 years of age or older who is
the child's grandparent, aunt or uncle, brother or sister, brother-in-law or
sister-in-law, niece or nephew, first or second cousin, or
stepparent.
(29) "Face-to-face"
means an in-person interaction between individuals.
(30) "Family member" means any person related
to the child or young adult by blood, marriage, or adoption, including, but not
limited to the parents, grandparents, stepparents, aunts, uncles, sisters,
brothers, cousins, and great-grandparents. "Family member" also includes the
registered domestic partner of a person related to the child, a child 12 years
of age or older, and when appropriate, a child younger than 12 years of age.
Under the Indian Child Welfare Act (ICWA), "family member" has the meaning
given by the law or custom of the child's tribe.
(31) "Fictive kin" has the same meaning as
kith and means an individual who is not related to the child or young adult by
blood, adoption or marriage but has an emotionally significant relationship
with the child or young adult that has the characteristics of a family
relationship.
(32) "Fit and willing
relative" means an individual who meets the eligibility criteria in OAR
413-070-1010.
(33) "Foster care agency" means a private
child-caring agency that offers to place children by taking physical custody of
and then placing the children in a home certified by the agency.
(34) "Foster care placement" means any action
removing, or which could result in the removal of, a child from his or her
parent or Indian custodian, such as court-ordered supervision in the home, for
placement in foster care, with a guardian, or in an institution where the
parent or Indian custodian cannot have the child returned upon demand, but
where parental rights have not been terminated.
(35) "Foster parent" means an individual who
operates a home that has been approved by the Department to provide care for an
unrelated child or young adult placed in the home by the Department.
(36) "General applicant" means an individual
who:
(a) Is neither a relative or current
caretaker; and
(b) Has submitted a
completed application to adopt a child.
(37) "Grandparent" for purposes of
notification, visitation, contact, or communication ordered by the court under
ORS 419B.876 means the legal parent
of the child or young adult's legal parent, regardless of whether the parental
rights of the child's or young adult's legal parent have been terminated under
ORS 419B.500 to
419B.524.
(38) "Guardian" means an individual who has
been granted guardianship of a child through a judgment of the court.
(39) "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.
(40) "Guardianship assistance agreement"
means a written agreement, binding on the parties to the agreement, between the
Department and the potential guardian or guardian setting forth the assistance
the Department is to provide on behalf of the child or young adult, the
responsibilities of the guardian and the Department, and the manner in which
the agreement and amount of assistance may be modified or terminated.
(41) "Guardianship assistance agreement only"
means a written agreement, binding on the parties to the agreement, between the
Department and the potential guardian or guardian of an eligible child or young
adult, when the potential guardian or guardian is not receiving a guardianship
assistance payment or medical coverage at the time of the agreement but may
request it at a later date.
(42)
"Guardianship assistance payment" means a monthly payment made by the
Department to the guardian on behalf of the eligible child or young
adult.
(43) "Guardianship
Assistance Review Committee" means a committee composed of local and central
office Department staff with expertise in the area of guardianship.
(44) "Homeless, runaway, and transitional
living shelter" means a child-caring agency that provides residential services
or operates a shelter, mass shelter, or transitional living program for a
homeless or runaway child or young adult, a pregnant or parenting child or
young adult, or other children and young adults in care working toward
independent living.
(45) "Home
visit" means a face-to-face contact at an individual's residence.
(46) "ICWA" means the Indian Child Welfare
Act of 1978, 25 U.S.C. §§ 1901-63.
(47) "Impending danger safety threat" means a
family behavior, condition, or circumstance that meets all five safety
threshold criteria. When it is occurring, this type of threat to a child is not
immediate, obvious, or occurring at the onset of the CPS intervention. This
threat is identified and understood more fully by evaluating and understanding
individual and family functioning.
(48) "Incapacity" means a physical or mental
illness, or impairment that reduces substantially or eliminates the
individual's ability to support, care for, or meet the needs of the child and
is expected to be permanent.
(49)
"Independent living housing subsidy" means a payment to assist in covering the
cost of room, board, or other monthly expenses made to an eligible individual
who is at least 16 years of age and is in the care and custody of the
Department and living independently.
(50) "Indian" means any person who is a
member of or eligible for membership in an Indian tribe or who is an Alaskan
native and a member of a Regional Corporation as defined in
43 USC section
1606.
(51) "Indian child" means any unmarried
person who is under age 18 and either:
(a) Is
a member or citizen of an Indian tribe; or
(b) Is eligible for membership or citizenship
in an Indian tribe and is the biological child of a member or citizen of an
Indian tribe.
(52)
"Indian child's tribe" means the Indian tribe in which an Indian child is a
member or eligible for membership. In the case of an Indian child who is a
member or eligible for membership in more than one Indian tribe, it is the
Indian tribe with which the Indian child has the most significant
contacts.
(53) "Interethnic
Adoption Provisions of the Small Business Job Protection Act of 1996" ("IEPA")
means section 1808 of the act which is entitled "Removal of Barriers to
Interethnic Adoption", and affirms and strengthens the prohibition against
discrimination in adoption or foster care placements, and is codified in
42 USC section
671(a) 18.
(54) "Legal assistance specialist" means an
Adoption Program staff member who provides consultation on the technical and
legal processes to achieve a permanency plan for a child in the legal custody
of the Department.
(55) "Level of
care payment" means the payment provided to an approved or certified family
based on the need for enhanced supervision of a child or young adult determined
by applying the CANS algorithm to the results of the CANS screening.
(56) "Licensed medical professional" means an
individual who meets the criteria of both of the following subsections:
(a) The individual holds at least one of the
following valid licensures or certifications:
(A) Physician licensed to practice in the
State of Oregon;
(B) Nurse
practitioner certified by the Oregon State Board of Nursing under ORS
678.375; or
(C) Physician assistant licensed to practice
in the State of Oregon.
(b) The individual's training, experience,
and competence demonstrate expertise in children's mental health, the ability
to conduct a mental health assessment, and the ability to provide psychotropic
medication management for children and young adults.
(57) "Medically accepted indication," defined
in ORS 418.517, means any use for a
covered outpatient drug that is approved under the Federal Food, Drug and
Cosmetic Act, or recommended by the Pharmacy and Therapeutics Committee, or the
use of which is supported by one or more citations included or approved for
inclusion in any of the following compendia:
(a) American Hospital Formulary Services drug
information;
(b) United States
Pharmacopoeia drug information or any successor publication;
(c) The DRUGDEX Information System;
or
(d) Peer-reviewed medical
literature.
(58)
"Multiethnic Placement Act of 1994" means federal statutes which prohibit
discrimination based on race, color, or national origin as considerations in
adoption and foster placements.
(59) "Nonrecurring guardianship assistance
agreement" means a written agreement, binding on the parties to the agreement,
between the Department and the potential guardian of an eligible child for a
one-time payment to reimburse the guardian for the reasonable and necessary
expenses incurred in legally finalizing the guardianship.
(60) "Nonrecurring guardianship expenses"
means a one-time payment of up to $2,000 per child that the Department will
make to a guardian to assist with the reasonable and necessary expenses
associated with obtaining legal guardianship of an eligible child.
(61) "Office of Developmental Disabilities
Services" means the Department of Human Services, Office of Developmental
Disabilities Services.
(62)
"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, ORS
416.400 to
416.610, or by a juvenile court.
In cases involving an Indian child under the ICWA, parent means any biological
parent of an Indian child, or any Indian who has lawfully adopted an Indian
child, including adoptions under tribal law or custom. It does not include an
unwed biological father where paternity has not been acknowledged or
established. "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.
(63) "Participating tribe" means a
federally-recognized Indian tribe in Oregon with a Title IV-E agreement with
the Department.
(64) "Permanency
committee" means a group of individuals who are responsible for making a
recommendation regarding a permanency plan or a potential permanency resource
when the child or young adult likely is not returning to his or her
parent.
(65) "Permanency plan"
means a written course of action for achieving safe and lasting family
resources for the child or young adult. Although the plan may change as more
information becomes available, the goal is to develop safe and permanent family
resources with the parents, relatives, or other people who will assume
responsibility for the child or young adult during the remaining years of
dependency and be accessible and supportive to the child or young adult in
adulthood.
(66) "Permanent foster
care" means the out of home placement of a child or young adult in which there
is a long-term foster care agreement between each substitute caregiver and the
Department approved by the juvenile court under which the substitute caregiver
commits to raise a child in substitute care until the age of majority and be
accessible to and supportive of the child into adulthood, until the court
determines that APPLA - "permanent foster care" is no longer the appropriate
permanency plan for the child or young adult.
(67) "Potential guardian" means an individual
who is being considered by the Department or participating tribe to be the
legal guardian of the child.
(68)
"Provider" means an individual approved by a licensed private child-caring
agency to provide care for a child or young adult, or an employee of a licensed
private child-caring agency approved to provide care for a child or young
adult.
(69) "Psychotropic
medication," defined in ORS
418.517, means medication, the
prescribed intent of which is to affect or alter thought processes, mood, or
behavior, including, but not limited to antipsychotic, antidepressant, and
anxiolytic medication and behavior medications. The classification of a
medication depends upon its stated, intended effect when prescribed because it
may have many different effects.
(70) "Qualified individual" means an
individual who is:
(a) A trained professional
or licensed clinician;
(b) Not an
employee of the Department or of the Oregon Health Authority;
(c) Not connected to, or affiliated with, any
placement setting in which a child or young adult is placed by the
Department.
(71)
"Qualified mental health professional" means an individual who meets the
requirements of both of the following subsections:
(a) Holds at least one of the following
educational degrees:
(A) Graduate degree in
psychology;
(B) Bachelor's degree
in nursing and is licensed by the state of Oregon;
(C) Graduate degree in social work;
(D) Graduate degree in a behavioral science
field;
(E) Graduate degree in
recreational, art, or music therapy; or
(F) Bachelor's degree in occupational therapy
and is licensed by the State of Oregon.
(b) Whose education and experience
demonstrates the competencies to:
(A) Identify
precipitating events;
(B) Gather
histories of mental and physical disabilities, alcohol and drug use, past
mental health services, and criminal justice contacts;
(C) Assess family, social, and work
relationships;
(D) Conduct a mental
status examination;
(E) Document a
multiaxial DSM diagnosis;
(F)
Develop and supervise a treatment plan;
(G) Conduct a mental health assessment;
and
(H) Provide individual, family,
or group therapy within the scope of his or her practice.
(72) "Qualified residential
treatment program (QRTP)" means a program that:
(a) Provides residential care and treatment
to a child or young adult who, based on a QRTP assessment, requires
specialized, evidence-based supports and services related to the effects of
trauma or mental, emotional or behavioral health needs.
(b) Uses a trauma-informed treatment model
that is designed to address the needs, including clinical needs as appropriate,
of the child or young adult.
(c)
Ensures that the staff at the facility includes licensed or registered nurses
licensed under ORS chapter 678 and other licensed clinical staff who:
(A) Provide care within their licensed scope
of practice;
(B) Are on site
according to the treatment model identified in OAR
410-170-0030
(2); and
(C) Are available 24 hours per day and seven
days per week.
(d)
Facilitates the involvement of the family of the child or young adult, as
defined in ORS 418.575, in the treatment
program of the child or young adult, to the extent appropriate, and in
accordance with the best interests of the child or young adult.
(e) Facilitates outreach to the family of the
child or young adult, as defined in ORS
418.575, documents how outreach
is made and maintains contact information for any known biological relatives or
fictive kin, as defined by the Department.
(f) Documents how the program integrates
family into the treatment process of the child or young adult, including after
discharge, and how sibling connections are maintained.
(g) Provides discharge planning and
family-based after-care support for at least six months following the discharge
from the program.
(h) Is accredited
as outlined in OAR 413-095-0000
(2).
(73) "QRTP assessment" means an assessment of
the strengths and needs of a child or young adult by a qualified individual
using the Child and Adolescent Needs and Strengths tool in combination with a
review of clinical documentation to determine the most effective and
appropriate level of care for the child or young adult.
(74) "Race" means American Indian or Alaska
Native, Asian, Black or African American, Native Hawaiian or Other Pacific
Islander, White.
(75) "RCWAC" means
the Refugee Child Welfare Advisory Committee.
(76) "Reason to Know." A court or person has
reason to know that a child is an Indian
child if:
(a) The person knows that
the child is an Indian child;
(b) The court has found that the
child is an Indian child or that there is
reason to know that the child is an
Indian child.
(c)
Any individual present in the proceeding, officer of the court involved in the
proceeding, Indian tribe, Indian organization or agency informs the court that
the child is an Indian child;
(d) Any individual present in the proceeding,
officer of the court involved in the proceeding, Indian tribe, Indian
organization or agency informs the court that information has been discovered
indicating that the child is an Indian
child;
(e) The
child indicates to the court that the child
is an Indian child;
(f) The court is informed that the domicile
or residence of the child, the child's parent or the child's
Indian custodian is on a reservation or in an Alaska Native village;
(g) The court is informed that the
child is or has been a ward of a tribal court;
(h) The court is informed that the
child or the child's parent possesses an identification card
or other record indicating membership in an Indian tribe;
(i) Testimony or documents presented to the
court indicate in any way that the childmay be an
Indian child; or
(j) Any other indicia provided to the court,
or within the court's knowledge, indicates that the child is
an Indian child.
(77) "Reasonable and prudent parent standard"
means the standard, characterized by careful and sensible parental decisions
that maintain the health, safety, and best interests of a child or young adult
while encouraging the emotional and developmental growth of the child or young
adult, that a substitute care provider shall use when determining whether to
allow a child or young adult in substitute care to participate in
extracurricular, enrichment, cultural, and social activities.
(78) "Refugee child" has the meaning given
the term in ORS 418.925.
(79) "Registered domestic partner" means an
individual joined in a domestic partnership that is registered by a county
clerk in accordance with ORS
106.300 to
106.340.
(80) "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 foster 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 foster 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 foster
parent has cared for the child for at least 12 of the past 24 months;
and
(iv) The Department or tribe
has approved the foster parent for consideration as a guardian.
(81) "Relative
caregiver" 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.
(82)
"Residential care agency" means a child-caring agency that provides care and
treatment services to a child or young adult 24 hours a day in a staffed
facility.
(83) "Residential
family-based program" is a residential care agency that meets
the following requirements:
(a) The services
are provided in a family home setting;
(b) The foster parents live in the house full
time;
(c) The foster parents are
the primary care providers for the children or young adults served by the
program;
(d) The program serves no
more than 15 children or young adults at a time; and
(e) The program accepts children or young
adults who have sexually maladaptive behaviors, a history of eloping from care
or a history of unsuccessful placement in other settings.
(84) "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.
(85) "Sex
trafficking" means the recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a person under the age of 18 for the
purpose of a commercial sex act or the recruitment, harboring, transportation,
provision, or obtaining of a person over the age of 18 using force, fraud, or
coercion for the purpose of a commercial sex act.
(86) "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.
(87) "Special immigrant juvenile status"
means a legal process to obtain lawful permanent resident status for a child
who does not have lawful permanent resident status because he or she entered
the United States without inspection and who meets the other criteria required
by federal law.
(88) "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.
(89) "Substitute caregiver" means a relative
caregiver, foster parent, or provider authorized to provide care to a child or
young adult in the legal or physical custody of the Department.
(90) "Successor legal guardian" means an
individual who has been named in the guardianship assistance agreement,
including any amendments to the agreement, as a replacement legal guardian in
the event of the death or incapacity of the guardian.
(91) "Supervised visit" means a child-family
contact that includes a designated third party to protect the emotional and
physical safety of a child or young adult.
(92) "Title VI of Civil Rights Act of 1964"
prohibits discrimination on the basis of race, color or national origin under
programs receiving federal assistance through the United States Department of
Health and Human Services.
(93)
"Tribal court" means the court which holds jurisdiction over Indian child
custody proceedings and is either a Court of Indian Offenses, a court
established and operated under code or custom of an Indian tribe, or any other
administrative body of a tribe which is vested with authority over child
custody proceedings.
(94) "Tribal
customary adoption" means the adoption of an Indian child, by
and through the tribal custom, traditions or law of the child's tribe, and
which may be effected without the termination of parental rights.
(95) "Urgent medical need" means the onset of
psychiatric symptoms requiring professional attention within 48 hours to
prevent a serious deterioration in a child or young adult's mental or physical
condition.
(96) "Visit" means
planned, in-person contact between the child or young adult and one or more
family members.
(97) "Young adult"
means a person aged 18 through 20 years.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 419A.004
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