Or. Admin. Code § 413-070-1090 - Placement of a Child or Young Adult in a Qualified Residential Treatment Program (QRTP)
(1) The
Department must assemble a family and permanency team for
each child or young adult the
Department places in a QRTP.
(a) A meeting of the family and permanency
team is held to:
(A) Identify the strengths
and needs of the child or young
adult;
(B) Identify the
short and long-term goals of the child or young
adult; and
(C) Determine
the placement preferences of the family and permanency team, including the
team's placement preferences regarding the placement of the
child or young adult together with siblings
unless there is a finding by the court that such placement is contrary to their
best interests.
(b) The
Department must make reasonable and good faith efforts, in
accordance with the best interests of the child or
young adult, to identify and include all the individuals
required to be on the family and permanency team including:
(A) Appropriate biological family members,
relatives and fictive kin of the child or
young adult;
(B)
Appropriate professionals who are a resource to the family of the
child or young adult, including teachers,
medical or mental health providers who have treated the child
or young adult, or clergy; and
(C) If the child or
young adult has attained the age of 14 years, individuals
selected by the child or young adult as
described in OAR 413-040-0010
(3)(c).
(c) If the legal parties listed in ORS
419B.875 are not members of the
family and permanency team as described in subsection (1) (b) of this rule, the
Department must make reasonable and good faith efforts to
obtain the placement preferences of the legal parties including the placement
preferences of the child or young
adult.
(2) The
Department must ensure that an independent, qualified
individual conducts a QRTP assessment for each
child or young adult the
Department places in a QRTP.
(a) The qualified individual
conducting the QRTP assessment must:
(A) Work in conjunction with the family and
permanency team described in subsection (1) of this rule;
(B) Assess the strengths and needs of the
child or young adult;
(C) Determine whether the needs of the
child or young adult can be met with family
members or through a placement in a foster family home or, if not, which
setting would:
(i) Provide the most effective
and appropriate level of care for the child or young
adult in the least restrictive environment; and
(ii) Be consistent with the short-term and
long-term goals of the child or young adult,
as specified in the permanency plan for the
child or young adult.
(D) Develop a list of individualized,
specific short-term and long-term mental and behavioral health goals for the
child or young adult.
(b) The qualified individual
must specify in writing the following in the QRTP
assessment:
(A) Why the
recommended placement in a QRTP is the setting that will
provide the child or young adult with the
most effective and appropriate level of care in the least restrictive
environment and how that placement is consistent with the short term and long
term goals for the child or young adult as
specified in the permanency plan of the child
or young adult.
(B) If the qualified
individual determines the child or young
adult should not be placed in a foster family home, the reasons why
the needs of the child or young adult cannot
be met by the family of the child or young adult
or in a foster family home. A shortage or lack of foster family homes
is not a valid reason for not placing a child or young
adult in a foster family home.
(C) If the setting recommended by the
qualified individual is different than the placement
preferences of the family and permanency team and of the child
or young adult, the reasons why the preferences of
the team and of the child or young adult were
not recommended.
(c) The
QRTP Assessment may occur prior to the placement of the
child or young adult in a
QRTP but shall occur no later than 30 days following the date
of placement in a QRTP.
(3) A court hearing must be held to approve
or disapprove the placement of a child or young
adult in a QRTP no later than 60 days following the
date the Department places the child or
young adult in a QRTP. If the court enters an
order disapproving the placement of the child or young adult in a QRTP, the
Department must move the child or young adult to a placement consistent with
the order of the court no later than 30 days following the date the court
enters the order.
(4) If the
child or young adult is placed in a
QRTP, the Department must submit a report at
each permanency hearing and review hearing to include:
(a) Evidence demonstrating that ongoing
assessment of the strengths and needs of the child or
young adult continues to support the determination that:
(A) The needs of the child
or young adult cannot be met through placement in a
foster family home;
(B) A
QRTP provides the most effective and appropriate level of care
for the child or young adult in the least restrictive environment;
and
(C) The placement is consistent
with the short-term and long-term goals for the child or
young adult, as specified in the case plan
for the child or young adult.
(b) Documentation of the specific
treatment or service needs that will be met for the child or
young adult in the placement and the length of time the
child or young adult is expected to need the
treatment or services; and
(c)
Documentation of the efforts made by the Department to prepare
the child or young adult to return home or be
placed with a fit and willing relative, a
guardian, an adoptive parent or in a less restrictive foster
home setting.
(5) The
Department must obtain the written approval of the Director of
Child Welfare to continue the placement of a child or
young adult by the Department in a
QRTP if:
(a) The
child or young adult is age 13 or older and
has been placed in a QRTP for more than 12 consecutive or 18
nonconsecutive months, or
(b) The
child or young adult is age 12 or younger and
has been placed in a QRTP for more than 6 consecutive or
nonconsecutive months.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 419B.354
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