Or. Admin. Code § 413-070-0512 - Development and Review of the Permanency Plan and Concurrent Permanent Plan
(1) When developing
the permanency plan and concurrent permanent plan, the caseworker must complete
all of the following actions:
(a) Develop a
permanency plan and a concurrent permanent plan for each child or young adult
in the Department's custody within 60 days of the placement of the child or
young adult into substitute care.
(c) Involve a team of individuals
knowledgeable about the needs of the child or young adult in the development
and ongoing assessment of the most appropriate permanency plan and concurrent
permanent plan for the child or young adult. The team must include all of the
following:
(A) The parents, unless a
supervisor approves not including a specified parent because the contact may
compromise the safety of a child or young adult or another individual; parental
rights have been terminated; or the parent has signed a release and surrender
agreement.
(B) The attorney of the
parents, unless parental rights have been terminated or the parents have signed
a release and surrender agreement.
(C) The child who has attained 14 years of
age or young adult and, at the option of the child or young adult, up to two
members of the case planning team who are chosen by the child or young adult as
described in OAR 413-040-0010(3)(c).
(D) The CASA.
(E) The attorney of the child or young
adult.
(F) A representative of the
Indian child's
tribe, if there is
reason to know the child is an Indian
child pursuant to OAR
413-115-0060.
(G) A member of the RCWAC, if the child is a
refugee child.
(H) The team may
include any of the following:
(i) The child
at any age, whenever developmentally appropriate.
(ii) The substitute caregiver of the child or
young adult.
(iii) The substitute
caregiver's certifier.
(iv) The
relatives of the child or young adult.
(v) Persons with a caregiver
relationship.
(vi) Other
individuals with involvement in the life of the child or young adult.
(vii) Individuals with expertise in
permanency.
(d) Use ongoing contacts with the individuals
in subsection (c) of this section to:
(A)
Monitor the progress toward achieving the permanency plan.
(B) Provide the child or young adult, and the
parents of the child or young adult, the opportunity to identify available
permanency resources should reunification not be achievable.
(C) Review the efforts to identify and place
the child or young adult with a relative or person with a caregiver
relationship and to place siblings together.
(D) Consider the parents' acceptance of a
plan other than reunification and their preference for continued contact with
the child or young adult.
(E)
Identify and consider which concurrent permanent plan best meets the current
and lifelong safety, permanency, and well-being needs of the child or young
adult in the following preferential order:
(i)
Tribal customary adoption, if the Department
knows or has reason to know that the child is
an Indian child and when the Indian child's
tribe consents to the tribal customary
adoption.
(ii)
Adoption.
(iii) Guardianship, which
may be considered only when there are compelling reasons why adoption cannot be
achieved.
(iv) Placement with a fit
and willing relative, which may be considered only when there are compelling
reasons why adoption or guardianship cannot be achieved.
(v) If the child has reached the age of 16,
Another Planned Permanency Living Arrangement, which may be considered only
when there are compelling reasons why adoption, guardianship or placement with
a fit and willing relative cannot be achieved.
(e) Determine the Department has taken action
on the potential permanency resources identified by the child or young adult,
the family of child or young adult, a member of the team of the child or young
adult, or the Department.
(f)
Determine which permanency plan best meets the safety, permanency, and
well-being needs of the child or young adult and provides the child or young
adult with support and connection in adulthood, and document the basis for the
determination.
(g) Submit a
recommendation to the permanency committee as required in OAR
413-070-0516, unless the
proposed permanency plan is tribal customary
adoption, which does not require the review of the permanency
committee, or the Central Office Guardianship Committee as required in
OAR 413-070-0668.
(h) Obtain the approval of a legal
assistance specialist before recommending to the court a change of the
permanency plan to adoption.
(i) Consult with the Indian
child's
tribe about their preferred
permanency plan and, if the tribe's preferred
permanency plan is tribal customary adoption,
obtain the approval of the Indian child's tribe before
recommending to the court a change of the permanency plan to
tribal customary adoption.
(2) Participants in the development and
review process must be informed of all of the following:
(a) The purpose of permanency and concurrent
planning.
(b) The timelines under
which the Department pursues permanency pursuant to federal
and state law.
(c) The resources
which may be available to relatives when adoption or guardianship is a
permanency plan.
(3) If
the court approves tribal customary adoption as the
permanency plan of the Indian child and the
Indian child's
tribe consents to the
tribal customary adoption, the Department
must provide the Indian child's
tribe and
proposed tribal customary adoptive parents with a written report regarding the
Indian child, including, to the extent not otherwise
prohibited by federal or state law:
(a) The
medical background, if known, of the child's parents; and
(b) The child's educational information,
developmental history and medical background, including all known diagnostic
information, current medical reports and any psychological
evaluations.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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