Or. Admin. R. 413-010-0185

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

Section 413-010-0185 - Department Responsibilities

(1) The Department will develop information and materials to be provided to each child and young adult in the legal custody of the Department who are or were in substitute care regarding their rights under OAR 413-010-0180. The Department will review and update the information and materials periodically, and may develop other information and materials it determines will be helpful in informing children and young adults about their rights and how to assert and protect them.

(2) The Department will make training available to caseworkers and other employees who will provide the information and materials specified in section (1) to children and young adults, to ensure the information and materials are provided in a manner that is timely and appropriate to age and developmental stage.

(3) The Department will make training available to caseworkers and other employees about the Department's obligations under ORS 418.201, Oregon Laws 2017, chapter 36, OAR 413-010-0180 and this rule, to ensure the obligations are carried out in a manner that is timely and appropriate to age and developmental stage.

(4) The Department will develop information and materials and make training available to substitute caregivers regarding their obligations to ensure the children and young adults in their care are informed of their rights under OAR 413-010-0180 in a manner that is timely and appropriate to age and developmental stage.

(5) The Department will develop and publish a process for children and young adults in the legal custody of the Department who are or were in substitute care to make complaints regarding their care. The process will include a phone number that is available at all times.

(6) Absent a court order or other compulsory process that requires disclosure, the Department may not disclose a record of sexual orientation, gender identity or gender expression unless:

(a) The Department determines, in written findings, that failure to disclose the record is reasonably likely to jeopardize the child's safety or well-being;

(b) The Department determines, in written findings, that disclosure of the record is necessary to provide services to the child or the child's family; or

(c) The child consents to the disclosure.

Or. Admin. R. 413-010-0185

CWP 13-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 1-2015, f. & cert. ef. 1/1/2015; CWP 22-2017, amend filed 12/29/2017, effective 1/1/2018; CWP 37-2019, minor correction filed 08/06/2019, effective 8/6/2019; CWP 96-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005, ORS 418.202 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 418.201, ORS 418.202, ORS 418.606-418.609, ORS 409.225 & ORS 419B.035