Or. Admin. Code § 413-110-0330

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-110-0330 - Procedure to Determine the Appropriateness of Adoption as a Permanency Plan

(1) Before proceeding to free a child for adoption, the Department must make a formal decision regarding whether adoption is an appropriate permanency plan for the child in accordance with these rules.

(2) The preliminary case-planning steps in the process of determining whether adoption is an appropriate permanency plan for the child are as follows:

(a) An adoption permanency goal must be considered concurrently with other permanency goals for a child in substitute care;

(b) When it appears that placement with a parent is not a viable goal, but not later than six months after the child enters substitute care, the local office must begin the process of obtaining information sufficient to make a formal decision whether adoption is an appropriate permanency plan for the child, for instance:

(A) The child's worker must obtain pertinent information such as psychological evaluations, therapist's assessments, an assessment by a mental health professional when appropriate that includes the attachment and other permanency needs of the child, medical records, personal care or special rate assessments, individual education plans, and early intervention assessments.

(B) The child's worker must address the following areas:

(i) The ability of the child to attach.

(ii) The needs of the child.

(iii) Prior or current caretaker or family relationships that could support or interfere with the ability of the child to build new family relationships.

(iv) Information about the siblings and half siblings of the child (see OAR 413-110-0100 to 413-110-0150).

(v) Prospective adoptive resources who have made it known to the agency that they want to be considered as an adoptive placement for this specific child.

(vi) The willingness of the child to consent to adoption, if the child is 12 years of age or older.

(3) Formal decision making at the local office.

(a) If the child's worker and supervisor believe adoption is an appropriate permanency plan for the child, and the legal assistance specialist concurs, the adoption plan may proceed without review by the Local Office Permanency/Adoption Committee.

(b) When the child's worker and supervisor review a case together and it is not clear that adoption is an appropriate permanency plan for the child, or if there are questions regarding available approved families, the determination whether adoption is an appropriate permanency plan for the child will be made by Local Office Permanency/Adoption Committee. The child's worker is responsible for scheduling a staffing with a Local Office Permanency/Adoption Committee within 60 days of the staffing by the child's worker and supervisor.

(c) If the child's worker and supervisor believe that adoption is not an appropriate permanency plan for the child, they must submit their written recommendation to the district manager or designee. Their recommendation must include the compelling reasons for their assessment that it is not an appropriate permanency plan (see OAR 413-110-0240(2)(c)(D)). If the district manager or designee disagrees with the recommendation or wishes to seek consultation, they must direct the child's worker to refer the determination of appropriateness of adoption to a Permanency/Adoption Council Committee.

(d) Before the Department initiates the permanency plan for adoption, the legal assistance specialist and the local office must agree that the plan is in the best interests of the child and is achievable.

(4) When a Committee determines that adoption is an appropriate permanency plan for the child, the committee representative must record the decision regarding the appropriateness of adoption as a permanency plan and provide a copy of the documentation to the child's worker.

(5) The child's worker must send documentation of a Permanency/Adoption Committee decision to the Adoptions Services Unit to be included in the child's central office file.

Or. Admin. Code § 413-110-0330

SOSCF 11-2000, f. & cert. ef. 4-28-00; SOSCF 21-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 47-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 24-2015, f. & cert. ef. 10/26/2015

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005