Or. Admin. R. 413-010-0180

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-010-0180 - Rights of Children and Young Adults in the Legal Custody of the Department

(1) Every child and young adult in the legal custody of the Department has rights, including but not limited to the right:

(a) To be placed in the least restrictive environment that appropriately meets individual needs;

(b) To be provided basic needs such as adequate food, clothing, and shelter;

(c) To receive appropriate care, supervision, and discipline, and to be taught to act responsibly and respect the rights of others;

(d) To be provided routine and necessary medical, dental, and mental health care and treatment;

(e) To be provided with free and appropriate public education;

(f) To be protected from physical and sexual abuse, emotional abuse, neglect, and exploitation;

(g) To be provided services designed for reunification with the parent or guardian except when there is clear evidence that the parent or guardian may not protect the child's or young adult's welfare;

(h) To be provided services to develop a safe permanent alternative to the family, when family resources are not available;

(i) To be accorded the least restrictive legal status that is consistent with the need for protection, to have the Department present its position on best interests to the court, and to attend court hearings and speak directly to the judge;

(j) To receive respect, be nurtured, and attend activities in accordance with their background, religious heritage, race, and culture within reasonable guidelines as set by the case plan, the visitation plan, and the court;

(k) To visit and communicate with a parent or guardian, siblings, members of their family, and other significant people within reasonable guidelines as set by the case plan, the visitation plan, and the court;

(l) To be involved, in accordance with their age and ability and with the law, in making major decisions that affect their life, to participate in the development of their case plan, permanency plan, and comprehensive transition plan and to discuss their views about the plans with the judge;

(m) To receive encouragement and be afforded reasonable opportunities to participate in extracurricular, cultural, and personal enrichment activities consistent with their age and developmental level; and

(n) To earn and keep their own money and to receive guidance in managing resources to prepare their for living independently, including receiving assistance from the Department to establish a savings account as provided in ORS 418.708.

(2) This section establishes the Oregon Foster Children's Bill of Rights. In addition to the rights listed in section (1) of this rule, every child and young adult in the legal custody of the Department who is or was in substitute care has the following rights, as provided in ORS 418.201:

(a) To have the ability to make oral and written complaints about care, placement, or services that are unsatisfactory or inappropriate, and to be provided with information about a formal process for making complaints without fear of retaliation, harassment, or punishment.

(b) To be notified of, and provided with transportation to, court hearings and reviews by local citizen review boards pertaining to the child's or young adult's case when the matters to be considered or decided upon at the hearings and reviews are appropriate for the child or young adult, taking into account the age and developmental stage of the child or young adult.

(c) To be provided with written contact information of specific individuals whom the child or young adult may contact regarding complaints, concerns, or violations of rights, that is updated as necessary and kept current.

(d) When the child or young adult is 14 years of age or older, to be provided with written information within 60 days of the date of any placement or any change in placement, regarding:

(A) How to establish a bank account in the child's or young adult's name as allowed under state law;

(B) How to acquire a driver license as allowed under state law;

(C) How to remain in foster care after reaching 18 years of age;

(D) The availability of a tuition and fee waiver for a current or former foster child under ORS 351.293;

(E) How to obtain a copy of the child's or young adult's credit report, if any;

(F) How to obtain medical, dental, vision, mental health services, or other treatment, including services and treatments available without parental consent under state law; and

(G) A transition toolkit, including a comprehensive transition plan.

(e) With respect to a child's or young adult's rights under the federal and state constitutions, laws, including case law, rules, and regulations:

(A) To receive a document setting forth such rights that is age and developmentally appropriate within 60 days of the date of any placement or any change in placement;

(B) To have a document setting forth such rights that is age and developmentally appropriate posted at the residences of all resource parents, child-caring agencies, and independent resident facilities; and

(C) To have an annual review of such rights that is age and developmentally appropriate while the child or young adult is in substitute care.

(f) To be provided with current contact information within 60 days of placement or change in placement, for adults who are responsible for the care of the child or young adult and who are involved in the child's or young adult's case, including but not limited to caseworkers, caseworker supervisors, attorneys, foster youth advocates and supporters, court appointed special advocates, local citizen review boards, and employees of the Department that provide certification of resource parents, child-caring agencies, and independent resident facilities.

(g) To have a hotline phone number that is available to the child or young adult at all times for the purposes of enabling the child or young adult to make complaints and assert grievances regarding the child's or young adult's care, safety, or well-being.

(3) This section establishes the Oregon Foster Children's Sibling Bill of Rights. A sibling who is a foster child has rights, including but not limited to the right:

(a) To obtain substitute care placements with siblings (pursuant to OAR 413-070-0600 to 413-070-0645), whenever it is safe and appropriate;

(b) To visit and maintain contact with siblings who are placed in substitute care, and those who are not, whenever it is safe and appropriate. This contact includes but is not limited to face-to face, telephonic, letters and electronic communication;

(c) To have a sibling visit and contact plan that has been developed as a result of the active engagement and participation of siblings, updated at least annually, and complied with as part of any substitute care placement;

(d) To be provided with an explanation in an age-appropriate manner if placement or contact with a sibling is denied or prohibited;

(e) To be provided with transportation to visit and maintain contact with siblings;

(f) To be placed with a resource parent or relative resource parent who has been provided with training on the importance of sibling relationships;

(g) To be assigned to a caseworker who has been provided with training on the importance of sibling relationships;

(h) For contact with siblings to be encouraged in any adoptive or guardianship placement, whenever such contact is safe and appropriate;

(i) To have more private or less restrictive communication with siblings as compared to communications with others who are not siblings, whenever it is safe and appropriate;

(j) To be immediately and timely notified of the placement or placement change of a sibling who is in the legal custody of the Department, as is safe and appropriate; and

(k) To be immediately and timely notified of a catastrophic event or an emergency affecting a sibling, as is safe and appropriate;

(l) To request that the foster child's attorney advocate on behalf of the foster child for contact and visits with siblings:

(A) While the foster child is in foster care;

(B) When the court is considering whether to order visitation between the foster child and the foster child's siblings under ORS 419B.367; and

(C) When decisions are made regarding post-adoption or post-guardianship contact between the foster child and the foster child's siblings.

(4) With respect to the rights in section (3) of this rule, a foster child has the right:

(a) To receive a document setting forth such rights, and a verbal explanation of those rights, that are age and developmentally appropriate, within 60 days of the date of any placement or change in placement;

(b) To have access to the document described in (4)(a) of this rule at the residence of all resource parents and child-caring agencies at which the foster child receives care;

(c) To have the document described in (4)(a) of this rule on each occasion the child's case plan is considered and reviewed pursuant to OAR 413-040-0100;

(d) To be informed by the Department of the rights in section (3) of this rule at least annually; and

(e) To have these rights apply regardless of whether the parental rights of one or more of the foster child's parents have been terminated.

(5) A child or young adult in the legal custody of the Department may have other rights not specified in this rule as appropriate to the child's or young adult's age and developmental stage.

Or. Admin. R. 413-010-0180

SOSCF 6-1998, f. 2-10-98, cert. ef. 2-15-98; CWP 14-2009, f. & cert. ef. 11-3-09; CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 1-2015, f. & cert. ef. 1/1/2015; CWP 7-2016(Temp), f. & cert. ef. 5-17-16 thru 11-12-16; CWP 21-2016, f. & cert. ef. 11/1/2016; CWP 22-2017, amend filed 12/29/2017, effective 1/1/2018; CWP 32-2018, minor correction filed 04/16/2018, effective 04/16/2018; CWP 36-2019, minor correction filed 08/06/2019, effective 8/6/2019; CWP 1-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 96-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 418.202

Statutes/Other Implemented: ORS 418.005, ORS 418.200, ORS 418.202, ORS 418.201 & ORS 418.606-418.609