Or. Admin. Code § 413-105-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 413-105-0010 - Definitions

Unless the context dictates otherwise, the following definitions apply to OAR chapter 413 division 105.

(1) "504 Plan" means a plan created pursuant to Section 504 of the Rehabilitation Act of 1973, which ensures that a child who is legally disabled and is attending an elementary or secondary educational institution receives accommodations that will ensure the child's academic success and access to the learning environment.

(2) "CASA" means Court Appointed Special Advocate, a volunteer who is appointed by the court, is a party to the juvenile proceeding, and is an advocate for the child pursuant to ORS 419A.170.

(3) "Child" means a person under 18 years of age.

(4) "Disability" means one of the following conditions or diagnoses that causes the child or student to require special education: autism spectrum disorder; communication disorder; deafblindness; developmental disability emotional disturbance; hearing impairment, including deafness; intellectual disability; orthopedic other health impairment; specific learning disability; traumatic brain injury; or visual impairment, including blindness. (See "children with disabilities," OAR 581-015-2000.)

(5) "Department" means the Oregon Department of Human Services.

(6) "Foster care" means substitute care for children placed by the Department of Human Services or a tribal child welfare agency away from their parents and for whom the Department or agency has placement and care responsibility, including placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. Foster Care does not mean care for children whose parent or guardian voluntarily placed the child outside the child's home with a public or private agency and for whom the child's parent or guardian retains legal guardianship.

(7) "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.

(8) "GED" means a General Educational Development certificate issued pursuant to ORS 326.550.

(9) "Guardian" means an individual who has been granted guardianship of the child through a judgment of the court.

(10) "Individualized Education Program" or "IEP" means a written statement of an educational program which is developed, reviewed, revised and implemented for a school-aged child with a disability.

(11) "Legal custody" means that a person or agency has legal authority:

(a) To have physical custody and control of a child;

(b) To supply the child with food, clothing, shelter and other necessities;

(c) To provide the child with care, education and discipline;

(d) To authorize medical, dental, psychiatric, psychological, hygienic or other remedial care or treatment for the child, and in any emergency where the child's safety appears urgently to require it, to authorize surgery or other extraordinary care; and

(e) "Legal custody" includes temporary custody of a child under an order of a court.

(12) "Office of Child Welfare Programs" or "OCWP" means the Office of Child Welfare Programs within the Department. "OCWP" includes all the individual programs that are responsible for various functions relating to child welfare, such as child safety, foster care, and permanency.

(13) "Parent" means, except as otherwise provided in OAR 413-105-0060, the biological or adoptive mother or the biological, legal, or adoptive father of the child.

(14) "Relative caregiver" means a person defined as a "relative" under OAR 413-070-0000 who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(15) "School district of origin" means the school district where an child or young adult was a resident before:

(a) The child or young adult was placed into foster care; or

(b) The foster care placement of the child or young adult changed.

(16) "School of origin" means the school that a child or young adult attended before:

(a) The child or young adult was placed into foster care; or

(b) The foster care placement of the child or young adult changed.

(17) "Special education," as defined in OAR 581-015-2000, means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability. Special education includes instruction that:

(a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b) May involve physical education services, speech language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(18) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody of the Department.

(19) "Substitute caregiver" means a relative caregiver, foster parent, or provider who is authorized to provide care to a child who is in the legal or physical custody of the Department.

(20) "Surrogate parent" means an individual appointed pursuant to OAR 581-015-2320 for school-aged children, OAR 581-015-2760 for preschool-aged children or ORS 419B.220. The surrogate parent acts in place of a biological or adoptive parent in safeguarding a child's rights in the special-education decision-making process.

(21) "Young adult" means a person aged 18 through 20 years.

Or. Admin. Code § 413-105-0010

CWP 46-2018, renumbered from 413-100-0905, filed 06/13/2018, effective 6/13/2018; CWP 33-2019, temporary amend filed 08/01/2019, effective 08/01/2019 through 01/27/2020; CWP 50-2019, amend filed 10/25/2019, effective 11/1/2019

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 419B.192, ORS 419B.220 & ORS 419B.343