Or. Admin. Code § 413-070-0078 - Consideration of a Relative or Person with a Caregiver Relationship as a Substitute Caregiver

(1) The Department is responsible for the selection of and placement with a substitute caregiver who best meets the safety, permanency, and well-being needs of the child or young adult, and who is able to maintain safe, long-term contact with siblings, relatives, and caregivers known to the child and others with whom the child has developed an emotional attachment.

(2) The Department considers as a substitute care resource an individual described in OAR 413-070-0000(80)(a)-(c) prior to considering an individual described in OAR 413-070-0000(80)(d).

(3) Whenever possible, the Department must seek the input of the child or young adult and the parents or guardians of the child or young adult regarding their preferences of which relatives to assess for the purposes of placement.

(4) When a relative or person with a caregiver relationship has been identified for consideration as a substitute caregiver, the Department must consider:

(a) The individual's ability to provide safety for the child or young adult, including the individual's willingness to cooperate with restrictions on contact between the child or young adult and others and to prevent anyone from influencing the child or young adult on the allegations of the case;

(b) The individual's ability to meet the child or young adult's physical, emotional, and educational needs, including the need to continue in the same school or educational placement;

(c) The individual's ability to support the Department's implementation of the permanent plan;

(d) The individual's ability to maintain safe, long-term contact with siblings, relatives, and caregivers known to the child and others with whom the child has developed an emotional attachment;

(e) When more than one individual requests to have the child or young adult placed with them, which individual has the closest existing relationship with the child or young adult; and

(f) When a child or young adult's siblings are also in need of substitute care or continuation in substitute care, the individual's ability to provide substitute care for the child or young adult's siblings.

(5) The Department must continue efforts to contact other individuals identified in the search efforts described in OAR 413-070-0069 for the purposes of assessment as a substitute caregiver when the initial efforts described in this rule did not result in the identification and certification of a relative caregiver for the child or young adult.

(6) The Department may place a child in substitute care with a relative prior to contacting all known relatives.

(7) When a child or young adult must be placed in substitute care and the Department is unable to place the child or young adult with a relative at the time of initial placement, the Department must determine the substitute care placement in the order of preference in OAR 413-070-0625.

(8) When the Department is considering placement with an individual who lives in a state other than Oregon, OAR 413-040-0200 to 413-040-0330 apply.

(9) At each court hearing, the Department must report to the court the diligent efforts the Department has made to place a child or young adult with relatives or persons with a caregiver relationship and to place siblings together.

Notes

Or. Admin. Code § 413-070-0078

SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99; SOSCF 6-1999, f. & cert. ef. 4-29-99; SOSCF 3-2001(Temp) f. & cert. ef. 1-24-01 thru 7-22-01; SOSCF 34-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 10-2010, f. & cert. ef. 7-1-10; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 19-2019, minor correction filed 03/20/2019, effective 3/20/2019; CWP 31-2019, minor correction filed 07/02/2019, effective 7/2/2019; CWP 13-2021, minor correction filed 05/28/2021, effective 5/28/2021; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024; CWP 10-2024, minor correction filed 04/30/2024, effective 4/30/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 109.119, ORS 418.005, ORS 419A.004 & ORS 419B.192