Or. Admin. Code § 413-020-0070
Current through Register Vol. 63, No. 11, November 1, 2024
Section 413-020-0070 - Voluntary Placement Agreement Limitations(1) The Department must use a Voluntary Placement Agreement for a Child (CF 499) under ORS 418.312 in all cases in which the sole reason for placing the child in a foster home, group home, or institutional child care setting is the need to obtain services for the child's emotional, behavioral, or mental disorder or developmental or physical disability.(2) Under a Voluntary Placement Agreementfor aChild, the parent, guardian, or Indian custodian retains legal authority over the child and is obligated to continue to exercise and perform all parental authority and legal responsibilities, except those that the parent, guardian, or Indian custodian specifically delegates to the Department by a binding agreement. The agreement specifies, while the child is in placement, the legal status of the child and the rights and obligations of the parent, guardian, Indian Custodian, the child, and the Department.(a) The parent, guardian, or Indian custodian who requests substitute care for the child through a Voluntary Placement Agreement for a Child may enter into a child support agreement with the Division of Child Support (DCS) or receive a child support order.(b) The caseworker must inform the parent, guardian, or Indian custodian they may enter into a non-adversarial support agreement with DCS to discharge support obligations. Other, existing child obligations of the parent, guardian, or Indian custodian are not superseded by support agreements with DCS.(c) The caseworker must provide the parent, guardian, or Indian custodian who signs the Voluntary Placement Agreementfor a Child with the "DCS Referral for Non-Adversarial Support Agreement" (CF 496). The parent, guardian, or Indian custodian completes the form and returns it to the caseworker. If the form is not returned to the caseworker within 30 days, a support order may be entered.(d) The caseworker must forward the completed form (CF 496) and a signed copy of the Voluntary Placement Agreement for a Child to the Children's Benefits Unit of the Department.(e) The parent, guardian, or Indian custodian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.(3) The Department must use a Voluntary Placement Agreement for a Young Adult (CF 499a) in all cases in which a young adult who was previously in the care or custody of the Department and meets the requirements as described below. (a) The young adult is not currently in the custody of the Department nor are they a legal ward and they were:(A) Previously placed in a substitute care placement while in the legal custody of the Department for at least one day between the ages of 16 and 18, or(B) In placement pursuant to a voluntary placement agreement under ORS 418.312 for at least one day during the 12 months immediately preceding the date the young adult attained 18 years of age.(b) The young adult is prepared to transition from protective to supportive services from the Department.(c) Based on the circumstances of the young adult, participation in a Voluntary Placement Agreementfor a Young Adult is in the best interest of the young adult.(d) If the proposed placement is in a home with a certified resourcefamily as defined in OAR 413-120-000(16), the young adult must be willing to complete a child welfare history and criminal records check as outlined in OAR 413-120-0440(1)(c).(4) Under a Voluntary Placement Agreementwith a Young Adult, the young adult retains their own legal authority and is obligated to continue to exercise authority and legal responsibilities, except those that the young adult specifically delegates to the Department by a binding agreement. The agreement specifies, while the young adult is in placement, the legal status, rights and obligations of the young adult and the Department.(5) The young adult must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing the online Insurance Reporting Application located at: https://apps.oregon.gov/dhs/opar#, and to advise the Department of Human Services of insurance or other financial resources to meet the medical, dental and mental health needs.(6) Under either a Voluntary Placement Agreement for a Child (cf499) or Young Adult (cf499a), the Department has responsibility for the placement and care of the child or young adult.(7) A Child Welfare Program Manager must approve entry into a Voluntary Placement Agreement for a Child (CF 499) or Young Adult (CF499a).Or. Admin. Code § 413-020-0070
CWP 4-2007, f. & cert. ef. 3-20-07; CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.015 & 418.312