Or. Admin. Code § 413-080-0050 - Definitions
Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 080:
(1) "Abuse" means as defined in OAR
413-015-0115(1).
(2) "Certified family" means an individual or
individuals who hold a current Certificate of Approval from the Department to
operate a home to provide care, in the home in which they reside, to a
child or young adult in the care or custody
of the Department.
(3) "Child"
means a person who:
(a) Is under 18 years of
age; or
(b) Is under 21 years of
age and residing in or receiving care or services at a child-caring
agency or proctor foster home.
(4) "Child-caring agency" means a
"child-caring agency" that is not owned, operated, or administered by a
governmental agency or unit. (See ORS
418.205)
(5) "Conditions for return" means a written
statement of the specific behaviors, conditions, or circumstances that must
exist within a child's home before a child can safely return
and remain in the home with an in-home initial safety plan or
in-home ongoing safety plan.
(6) "Contact" means any communication between
Child Welfare staff and a child, young adult,
parent or guardian, foster
parent or relative caregiver,
provider, or other individual involved in a Child Welfare
safety plan or case. "Contact" includes, but is not limited to, communication
in person, by telephone, by video-conferencing, or in writing. "Contact" may
occur, for instance, during a face-to-face visit; a treatment
review meeting for a child, young adult,
parent, or guardian; a court or Citizen
Review Board hearing; or a family meeting.
(7) "Department" means the Oregon Department
of Human Services.
(8)
"Face-to-face" means an in-person interaction between individuals.
(9) "Foster parent" means a person who
operates a home that has been approved by the Department to provide care for an
unrelated child or young adult placed in the
home by the Department.
(10)
"Guardian" means an individual who has been granted guardianship of a
child or young adult through a judgment of
the court.
(11) "ICPC" means the
Interstate Compact for the Placement of Children (see ORS
417.200).
(12) "Impending danger safety threat" means a
family behavior, condition, or circumstance that meets all five safety
threshold criteria. When it is occurring, this type of threat is not
immediate, obvious, or occurring at the onset of the CPS intervention. This
threat is identified and understood more fully by evaluating and understanding
individual and family functioning.
(13) "Indian child" means any unmarried
person who is under age 18 and either:
(a) Is
a member or citizen of an Indian tribe; or
(b) Is eligible for membership or citizenship
in an Indian tribe and is the biological child of a member or citizen of an
Indian tribe.
(14)
"Initial safety plan" means a documented set of actions or interventions
sufficient to protect a child or, if applicable, a
young adult from an impending danger safety
threat in order to allow for completion of the CPS
assessment.
(15) "Located" means a
caseworker has discovered the exact place of a missing child or young adult and
has made physical contact with them in the place where they are
living.
(16) "Missing" means a the
child or young adult is absent from an approved placement and their whereabouts
are unknown.
(17) "Monthly
face-to-face contact" means in-person interaction between individuals at least
once each and every full calendar month.
(18) "Ongoing safety plan" means a documented
set of actions or interventions that manage the safety of a
child or, when applicable, a young adult
after the Department has identified one or more impending danger safety threats
at the conclusion of a CPS assessment or anytime during ongoing work with a
family.
(19) "Plan of care" means a
written plan for a substance affected infant and the infant's family, focused
on meeting health needs and substance disorder treatment needs and developed in
collaboration with the family, the healthcare provider, community agencies and
child welfare when appropriate.
(20) "Parent" means the biological or
adoptive mother or the legal father of the child. A legal
father is a man who has adopted the child or whose paternity
has been established or declared under ORS
109.070, ORS
416.400 to
416.465, or by a juvenile court.
In cases involving an Indian child under the Indian Child
Welfare Act (ICWA), parent means any biological parent of an Indian child, or
any Indian who has lawfully adopted an Indian child, including adoptions under
tribal law or custom. It does not include an unwed biological father where
paternity has not been acknowledged or established. "Parent" also includes a
putative father who has demonstrated a direct and significant commitment to the
child by assuming or attempting to assume responsibilities
normally associated with parenthood, unless a court finds that the putative
father is not the legal father.
(21) "Present danger safety threat" means an
immediate, significant, and clearly observable family behavior, condition or
circumstance occurring in the present tense, already endangering or threatening
to endanger a child or, when applicable, a young
adult. The family behavior, condition, or circumstance is happening
now and it is currently in the process of actively placing a
child or, when applicable, a young adult in
peril.
(22) "Proctor foster home"
means a foster home certified by a child-caring agency that is
not subject to ORS 418.625 to
418.470.
(23) "Protective action plan" means an
immediate, same day, short-term plan, lasting a maximum of 10 calendar days,
sufficient to protect from a present danger safety
threat.
(24) "Protective
capacity" means behavioral, cognitive, and emotional characteristics that can
specifically and directly be associated with a person's ability and willingness
to care for and keep a child or, when applicable, a
young adult safe.
(25) "Provider" means an employee of a
child-caring agency approved to provide care for a
child or young adult or a proctor foster
parent.
(26) "Relative caregiver"
means a person who operates a home that has been approved by the Department to
provide care for a related child or young
adult who is placed in the home by the Department.
(27) "Safety service provider" means a
participant in a protective action
plan, initial
safety plan, or ongoing safety plan whose actions,
assistance, or supervision help a family in managing safety.
(28) "Safety services" means the actions,
assistance, and supervision provided by safety service providers to manage the
identified present danger safety threats or impending danger safety
threats.
(29) "Screener" means a
Department employee with training required to provide screening
services.
(30) "Sex trafficking"
means the recruitment, harboring, transportation, provision, obtaining,
patronizing, or soliciting of a person under the age of 18 for the purpose of a
commercial sex act or the recruitment, harboring, transportation, provision, or
obtaining of a person over the age of 18 using force, fraud, or coercion for
the purpose of a commercial sex act.
(31) "Social service assistant" means a
Department employee with training required to provide services to assist a
caseworker on an open case.
(32)
"Substance affected infant" means an infant, regardless of whether abuse is
suspected, for whom prenatal substance exposure is indicated at birth and
subsequent assessment by a health care provider identifies signs of substance
withdrawal, a Fetal Alcohol Spectrum Disorder diagnosis, or detectable
physical, developmental, cognitive, or emotional delay or harm that is
associated with prenatal substance exposure. Prenatal substance exposure is
determined by a positive toxicology screen from the infant or the mother at
delivery or credible information the mother had an active untreated substance
use disorder, during the pregnancy or at the time of birth.
(33) "Substitute care" means the out-of-home
placement of a child or young adult who is in
the legal or physical custody and care of the Department.
(34) "Young adult" means a person aged 18
through 20 years.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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