Or. Admin. Code § 413-100-0410 - Definitions
As used in OAR 413-100-0400 to 413-100-0530:
(1) "Adjudication" means the legal process by
which a child or young adult is under a court's jurisdiction as a result of
having engaged in delinquent behavior and not having a legal guardian that
could be responsible for the child or young adult.
(2) "Adoption assistance" means assistance
provided on behalf of an eligible child or young adult to offset the costs
associated with adopting and meeting the ongoing needs of the child or young
adult. "Adoption assistance" may be in the form of payments, medical coverage,
reimbursement of nonrecurring expenses, or special payments.
(3) "Adoption assistance agreement" means a
written agreement, binding on the parties to the agreement, between the
Department and the pre-adoptive family or adoptive family of an eligible child
or young adult, setting forth the assistance the Department is to provide on
behalf of the child or young adult, the responsibilities of the pre-adoptive
family or adoptive family and the Department, and the manner in which the
agreement and amount of assistance may be modified or terminated.
(4) "Child" means a person under 18 years of
age.
(5) "Children's Medical Unit"
means the unit in Child Welfare Central Office where medical eligibility is
completed for children in the ICPC, ICAMA, Non-IV-E Tribal, and Karly's Law
programs.
(6) "COBRA" means the
Consolidated Omnibus Budget Reconciliation Act of 1985 which is a federal
mandate that requires employers sponsoring group health plans for twenty (20)
or more employees to offer continuation of coverage to employees, their
spouses, and dependent children who become unemployed.
(7) "Custody" means legal custody described
in ORS 419B.373.
(8) "Department" means the Department of
Human Services, Child Welfare.
(9)
"Foster care" means 24 hour substitute care for children placed away from their
parents or guardians and for whom the Department has placement and care
responsibility. This includes but is not limited to placements in foster family
homes, foster homes of relatives, group homes, emergency shelters, residential
facilities, child care institutions, and pre-adoptive homes. A child is in
foster care in accordance with this definition regardless of whether the foster
care facility is licensed and payments are made by the Department or local
agency for the care of the child, whether adoption subsidy payments are being
made prior to the finalization of the adoption, or whether there is Federal
matching of any payments that are made.
(10) "General Assistance" means services paid
using the state General Fund.
(11)
"Guardianship assistance" means assistance on behalf of an eligible child or
young adult to offset the costs associated with establishing the guardianship
and meeting the ongoing needs of the child or young adult. "Guardianship
assistance" may be in the form of a payment, medical coverage, or reimbursement
of guardianship expenses.
(12)
"Guardianship assistance agreement" means a written agreement, binding on the
parties to the agreement, between the Department and the potential guardian or
guardian setting forth the assistance the Department is to provide on behalf of
the child or young adult, the responsibilities of the guardian and the
Department, and the manner in which the agreement and amount of assistance may
be modified or terminated.
(13)
"ICAMA" means the Interstate Compact on Adoption and Medical Assistance, which
was established in 1986 to safeguard and protect the interstate interests of
children covered by an adoption assistance agreement when they move or are
adopted across state lines.
(14)
"ICPC" means the Interstate Compact for the Placement of Children. It is an
agreement among states to coordinate the transfer and placement of children
across state lines. (See ORS
417.200)
(15) "Independent Living Program" or "ILP"
means the services provided by the Department to an eligible foster child or
former foster child.
(16) "OCCS
Medical" means Title XIX and Title XXI Medical provided through the Office of
Client and Community Services under the Oregon Health Authority.
(17) "Pre-adoptive family" means an
individual or individuals who:
(a) Has been
selected to be a child's adoptive family; and
(b) Is in the process of legalizing the
relationship to the child through the judgment of the court.
(18) "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.
(19) "Title IV-E" means Title IV-E of the
Social Security Act, which provides federal payments to the states for foster
care maintenance, adoption assistance, and guardianship assistance on behalf of
certain eligible children and young adults.
(20) "Title XIX Medicaid" means federal and
state funded medical assistance established by Title XIX of the Social Security
Act.
(21) "Young adult" means a
person aged 18 through 20 years.
Notes
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005Title XIX Policy
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