Or. Admin. Code § 413-070-0665 - Consideration of a Substitute Caregiver as a Potential Guardian
(1) Prior to
considering a substitute caregiver as a potential guardian, the caseworker and
the caseworker's supervisor must comply with the requirements of both of the
following subsections:
(a) Review the
Department's diligent efforts to identify, contact, and place a child with
relatives or persons with a caregiver relationship and to place siblings
together as required under OAR
413-070-0060 to
413-070-0087.
(b) Confirm there are no current Department
actions to:
(A) Identify a child's relative as
defined in OAR 413-070-0000(78)(a)-(d);
(B) Assess an identified relative as defined
in OAR 413-070-0000(78)(a)-(d)
who has either expressed an interest in and needs to be or currently is being
assessed as a permanency resource.
(2) In order for a substitute caregiver to be
considered as a potential guardian, the substitute caregiver must:
(a) Have a current Certificate of approval
from one of the following entities:
(B) Office of Developmental Disabilities
under OAR Chapter 411 Division 346.
(D) A participating tribe when the potential
guardian is currently certified as a foster home by the participating tribe as
meeting the tribe's certification and licensing standards.
(E) Another state when the potential guardian
is currently certified or otherwise approved by the state in which the
potential guardian resides and approved as a placement for the child under the
Interstate Compact on Placement of Children (ICPC).
(b) Agree with the Department that the child
and any sibling under consideration, and the substitute caregiver can maintain
a stable relationship and function effectively without Department
supervision.
(c) Have an updated
home study describing how the substitute caregiver's skills and abilities meet
the best interests and needs for safety, permanency, and well-being for the
child and any sibling under consideration.
(d) Have adequate means of financial support
and connections to community resources.
(e) Have a strong commitment to caring
permanently for the child and any sibling under consideration for whom the
substitute caregiver has provided care.
(3) The caseworker must complete all of the
following requirements and present the results to a permanency committee, when
scheduled:
(a) Assess the ability of the
substitute caregiver to provide safety, permanency, and well-being for the
child and any sibling under consideration.
(b) Assess with the certifier of the
substitute caregiver the extent to which the ongoing needs for safety,
permanency, and well-being of the child and any sibling under consideration are
being met pursuant to OAR
413-070-0640.
(c) Assess the commitment of the substitute
caregiver to raise the child and any sibling under consideration.
(d) Assess the ability of the
substitute caregiver being considered to maintain safe,
long-term contact with siblings, relatives and caregivers known to the child or
ward and others with whom the child or ward has developed an emotional
attachment;
(e) Provide the
substitute caregiver with information regarding the duties and responsibilities
of a guardian.
(f) Agree that the
child, any sibling under consideration, and the substitute caregiver can
maintain a stable relationship and function effectively without Department
supervision.
(g) Consult with the
substitute caregiver regarding guardianship assistance under OAR
413-070-0900 to
413-070-0974.
(A) When guardianship assistance will be
requested, inform the substitute caregiver of the eligibility, application, and
ongoing requirements of guardianship assistance as described in OAR
413-070-0900 to
413-070-0974.
(B) When guardianship assistance will not be
requested or may not be approved due to eligibility restrictions, ensure that
the substitute caregiver has sufficient financial support and connections to
community resources to meet the needs of the child and any sibling under
consideration without this assistance.
Notes
Statutory/Other Authority: ORS 418.005, ORS 419B.369 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 419B.192 & ORS 419B.369
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