Or. Admin. Code § 413-070-0516 - Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee
(1) A
permanency committee is composed of the following individuals:
(a) Two individuals who have been appointed
by a Child Welfare Program Manager to attend a permanency
committee.
(A) A committee
facilitator, who must be a Department staff member and who must ensure
all of the following:
(i) The meeting is held
according to the requirements of OAR chapter 413.
(ii) Individuals are informed of the
responsibilities of the committee and the confidentiality of information
presented during the meeting.
(iii)
Committee recommendations are thoroughly and accurately documented.
(B) A second individual who may be
either a community partner or another Department staff member.
(C) The individuals in this subsection must
meet the following requirements:
(i) Be
knowledgeable about permanency issues.
(ii) Be knowledgeable of the importance of
lifelong family attachment and cultural connections.
(iii) Have no current personal or
professional relationship to the child or a potential
placement resource or potential adoptive resource being
considered.
(b)
The following members of the child's team:
(A)
The caseworker of the child or young
adult;
(B) The attorney of
the child or young adult;
(C) The CASA of the child or
young adult;
(D) A
representative of the Indian child's tribe, if the caseworker
knows or there is reason to know the child is an
Indian child pursuant to OAR
413-115-0060; and
(E) A member of the RCWAC,
if the child or young adult is a
refugee child.
(2) The substitute caregiver
of the child or young adult,or any other
individual from the child's team who a caseworker, in consultation with the
supervisor, believes can provide important input into the issue before the
permanency committee, may be invited to present information to
the permanency committee but is excused after presenting
information and responding to questions.
(3) The Child Welfare Program Manager or
designee responsible for making the decision on behalf of the
Department attends the permanency committee and may ask
clarifying questions but does not participate in the deliberation and
recommendation.
(4) The Department
is responsible for scheduling and notifying the following individuals of the
date, time, and location of the permanency committee:
(a) Appointed permanency
committee members;
(b) The
Child Welfare Program Manager or designee making a
recommendation or decision on the issue before the permanency
committee;
(c) Each member
of the child's or young adult's team identified in subsection (1)(b) of this
rule; and
(d) Any other individual
invited to present specific information to the permanency
committee.
(5)
Each individual attending a permanency committee is bound by
Oregon statutes regarding confidentiality and OAR
413-010-0010 to
413-010-0075.
(6) Consideration, review, and
recommendation.
(a) The permanency
committee must consider and review the information presented by any
individual invited to the permanency committee, whether the
information is presented in person, by phone, through other electronic
communication, or in writing.
(b)
The permanency committee may seek clarification of information
presented and may request additional information during the
presentations.
(c) If the
child is, or there is reason to know the
child may be, an Indian child, the
permanency committee must inquire and confirm that the
permanency plan of tribal customary adoption
has been considered, in accordance with OAR
413-070-0512 (1)
(i), prior to making a recommendation as
described in (6) (e) of this rule.
(d) The permanency committee
must consider the safety, permanency, and well-being needs of the
child or young adult and, when there are
siblings, the safety, permanency, and well-being needs of each
sibling and make a recommendation regarding the issue brought
before the committee to the Child Welfare Program Manager or
designee as follows:
(A) When
the caseworker recommends a change in permanency plan to
guardianship, the permanency committee provides a
recommendation based upon the considerations in OAR
413-070-0660 and OAR
413-070-0665 subject to OAR
413-070-0518.
(B) When the caseworker recommends a change
in permanency plan to placement with a fit and willing
relative, the permanency committee provides a
recommendation based upon the considerations in OAR
413-070-1020 subject to OAR
413-070-0518.
(C) When a caseworker recommends a change in
permanency plan to APPLA, the permanency
committee provides a recommendation based upon the considerations in
OAR 413-070-0550(1).
(D) When a caseworker considers the
separation of siblings in adoption under OAR
413-110-0132, the
permanency committee provides a recommendation based upon the
considerations in OAR
413-110-0132(2).
(E) When the caseworker requests that a
permanency committee review the relationship between a
general applicant and a child whose
permanency plan is adoption, the
permanency committee provides a recommendation based upon the
considerations in OAR
413-120-0750(6)(b).
(e) When members of the permanency
committee have not come to consensus on a recommendation, the
committee facilitator must document all recommendations and
the basis provided by the permanency committee member for that
recommendation.
(f) The
committee facilitator must provide the written documentation
of the permanency committee's recommendation or recommendations to the Child
Welfare Program Manager or designee within three business days
of the date on which the permanency committee was
held.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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