Or. Admin. Code § 413-070-0550 - Approval and Implementation of an APPLA Permanency Plan

(1) The permanency committee must consider the best interests of the child who has reached the age of 16 or young adult and each of the following factors when developing a recommendation regarding APPLA to the Child Welfare Program Manager or designee:

(a) The safety, permanency, and well-being needs of the child or young adult.

(b) The opportunities the Department has provided the child or young adult and the parents of the child or young adult to identify permanency resources.

(c) The parents' acceptance of APPLA as a permanency plan and their preference for continued contact with the child or young adult.

(d) The ability of the substitute caregiver to meet the needs of the child or young adult pursuant to OAR 413-070-0640.

(e) The compelling reasons reunification, adoption, guardianship, or placement with a fit and willing relative cannot be achieved.

(f) The sufficiency of the plan for continued contact with siblings.

(2) The Child Welfare Program Manager or designee must consider all of the following when making the decision regarding APPLA:

(a) The considerations in section (1) of this rule.

(b) The information presented to the permanency committee.

(c) The recommendation of the permanency committee.

(3) Within 30 days of the Department's decision to approve an APPLA permanency plan under OAR 413-070-0519, the caseworker must request a permanency hearing before the court.

(4) The caseworker must encourage the child or young adult to attend the APPLA permanency hearing, offer to provide transportation, and request the court inquire with the child or young adult about his or her desired permanency outcome.

(5) At the hearing, the caseworker must provide the court:

(a) The intensive, ongoing efforts by the Department to achieve reunification, adoption, guardianship, or placement with a fit and willing relative;

(b) The compelling reasons reunification, adoption, guardianship, and placement with a fit and willing relative would not be in the best interests of the child or young adult;

(c) A recommendation that the court issue an order approving the APPLA plan;

(d) The steps the Department has taken to ensure the foster parent applies the reasonable and prudent parent standard and provides opportunities for the child or young adult to engage in age-appropriate or developmentally appropriate activities;

(e) A timetable for placement of the child or young adult in another planned permanent living arrangement;

(f) The reasonable services the Department may offer each parent to meet the best interests of the child or young adult until a more preferred permanency plan is achieved, the child reaches the age of majority, reaches independence, or the juvenile court relieves the Department of legal custody of the child or young adult; and

(g) The type and amount of contact and involvement between the parent and child or young adult and between the sibling and child or young adult until a more preferred permanency plan is achieved, the child reaches age of majority, reaches independence, or the juvenile court relieves the Department of legal custody of the child or young adult.

(6) When the Department recommends contact be limited or prohibited between a parent and child or young adult or between a sibling and child or young adult, the caseworker must make the request to the court, and include the reasons contact should be limited or prohibited.

(7) Within 30 days of the Department or court decision not to approve the APPLA plan the caseworker must:

(a) Inform the child 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), the substitute caregivers, parents, attorney, and court appointed special advocate of the child or young adult, and other persons with significant involvement in the life of the child or young adult; and

(b) Consult with the team to reconsider other permanency options for the child or young adult.

Notes

Or. Admin. Code § 413-070-0550

CWP 17-2009, f. & cert. ef. 11-3-09; CWP 13-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 28-2010, f. & cert. ef. 12-29-10; CWP 2-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 22-2011, f. & cert. ef. 9-19-11; CWP 17-2015, f. 9-28-15, cert. ef. 10/1/2015

Stat. Auth.: ORS 418.005

Stats Implemented: ORS 418.005, 419A.004