Or. Admin. Code § 413-020-0230

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

Section 413-020-0230 - Referral for and Review of the CANS Screening

(1) The Department must complete a CANS screening referral for a child or young adult in its legal custody:

(a) Within the first 21 days of a child's initial placement in substitute care with a certified family;

(b) When the child or young adult has continuously lived with a certified family, ten months from the date of the most recent CANS screening and annually thereafter, and the certified family has received a level of care payment; unless section (2) of this rule applies; or

(c) Unless section (2) of this rule applies, five business days after a child or young adult, whose initial placement in substitute care was a BRS placement, moves to the home of a certified family.

(2) The caseworker of the child or young adult must consult with the Adoption Assistance and Guardianship Assistance Unit prior to submitting a CANS screening referral when a child's permanency plan is adoption or guardianship and the caseworker has submitted an adoption assistance application or a guardianship assistance application.

(3) The caseworker of the child or young adult may, after consultation with and approval by a supervisor, complete and submit to the Level of Care Manager or designee, a CANS screening referral when a child or young adult returns to a placement with a certified family after a BRS placement of six months or longer, unless section (2) of this rule applies.

(4) If the caseworker of the child or young adult determines that a CANS rescreen is necessary, the caseworker may, after consultation with and approval by a supervisor, complete and submit to the Level of Care Manager or designee, a CANS rescreen referral.

(5) An adoption assistance coordinator or guardianship assistance coordinator may complete and submit a CANS screening referral to the Level of Care Manager or designee under the following circumstances:

(a) Written documentation of the current behavior and functioning of the child or young adult has been submitted to the adoption assistance or guardianship assistance coordinator by one of the following individuals:

(A) An adoptive family of the child or young adult, regardless of whether there has been a previous CANS screening;

(B) A child's pre-adoptive family when the child is not in the legal custody of the Department;

(C) A guardian of the child or young adult, regardless of whether there has been a previous CANS screening; or

(D) A potential guardian of the child or young adult who has been approved by a participating tribe.

(b) The written documentation submitted under subsection (a) of this section demonstrates ongoing behaviors and functioning which have not improved with recommended behavioral interventions, counseling or other professional services and one of the following apply:

(A) A CANS screening has never been completed;

(B) A CANS screening has not been completed within the past twelve months; or

(C) The child or young adult exhibits a significant, ongoing change in behavior or functioning since the CANS screening that was completed within the last 12-month period; and

(c) The adoptive family or guardian has requested a renegotiation of the adoption assistance or guardianship assistance payment.

(6) The Level of Care Manager, or designee, within five business days of receipt of a CANS screening referral submitted under section (3) or (4) of this rule:

(a) May approve a CANS screening after reviewing the referral, if the child or young adult's behavior and functioning, as described in the referral, indicate a CANS screening is needed to assess the need for enhanced supervision and a level of care payment;

(b) Must notify the individual who submitted the CANS screening referral whether a CANS screening has been approved and the basis for the decision; and

(c) If the referral is approved, must send the approved CANS screening referral to a CANS screener.

(7) A CANS screener, upon receipt of the CANS screening referral submitted under section (1), (2) or (3) of this rule must:

(a) Review the referral information;

(b) Contact the caseworker, when the child is in substitute care, to gather information about the child or young adult's strengths and needs;

(c) Contact the certified family, pre-adoptive family, adoptive family, potential guardian identified by a participating tribe, or guardian of the child or young adult and gather information about the child or young adult's strengths and needs;

(d) Contact the child or young adult and other individuals who provide services to the child or young adult as appropriate and gather sufficient information to understand the child or young adult's strengths and needs to complete the CANS screening; and

(e) When a child or young adult has current suicidal ideation or intent:

(A) Notify the child or young adult's caseworker or adoption or guardianship assistance coordinator and, if applicable, notify the pre-adoptive family, adoptive family, potential guardian, or guardian; and

(B) Immediately develop a supervision plan with the certified family when the child or young adult is in substitute care with a certified family.

(8) After the CANS screener has gathered information regarding the child or young adult's strengths and needs, as described in subsections (6)(a)-(d), the CANS screener rates each element of a child or young adult's behavior and functioning on a scale of zero to three, in a manner consistent with the principles of the Child and Adolescent Needs and Strengths Comprehensive Screening Tool appropriate for the child or young adult's age. The CANS screener documents the appropriate rating for each element and provides written explanation for any rating of either two or three on an element that is a need and any rating of zero or one on an element that is a strength.

(a) When the child is five years old or younger, the CANS screener rates the child using the DHS 9601 - Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages Birth through Five, dated November 2017, which by reference is incorporated in OAR 413-090-0010(2)(f)(A).

(b) When the child or young adult is six years old or older, the CANS screener rates the child or young adult using the DHS 9602 - Child and Adolescent Needs and Strengths Comprehensive Screening Tool ages Six through Twenty dated November 2017, which by reference is incorporated in OAR 413-090-0010(2)(f)(B).

(c) The Department maintains these documents on the Department's website. Printed copies of these documents may be obtained by contacting the Department of Human Services, Child Welfare, ATTN: Level of Care Manager, 500 Summer Street NE, E-93, Salem, OR 97301.

(9) The CANS screener must complete the activities in sections (6) and (7) and submit the CANS screening results to the Level of Care Manager or designee within 15 business days following the receipt of the referral.

(10) Within 10 business days of the receipt of the CANS screening results, the Level of Care Manager or designee:

(a) Reviews the CANS screening results;

(b) Contacts the CANS screener when results appear inconsistent with the referral information or documentation of a child or young adult's strengths and needs and may instruct the CANS screener to:

(A) Gather additional information;

(B) Reapply the CANS ratings; and

(C) Resubmit the CANS screening results.

(c) Approves the CANS screening results unless subsection (b) applies; and

(d) Applies the CANS algorithm which by reference is incorporated in OAR 413-090-0010(2)(f)(C) to the approved CANS screening results to determine whether:

(A) The child or young adult living with a certified family is eligible for a level of care payment and requires enhanced supervision; or

(B) The child or young adult eligible for adoption assistance or guardianship assistance qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment.

(11) The Level of Care Manager or designee may approve a revision of the ratings of an approved CANS screening when new or different information relevant to the correct application of the CANS screening has been presented:

(a) In preparation for a contested case hearing requested under OAR 413-010-0500(2)(a)-(c):

(b) During an informal conference under OAR 413-010-0520; or

(c) During the renegotiation of an adoption assistance agreement under OAR 413-130-0075 or a guardianship assistance agreement under OAR 413-070-0969.

(12) The Level of Care Manager or designee sends the CANS screening results to the following individuals:

(a) The child or young adult's caseworker and the certified family, with whom the child or young adult is living, on behalf of the child or young adult; or

(b) The adoption assistance and guardianship assistance coordinator and child or young adult's pre-adoptive family, adoptive family, guardian or the potential guardian identified by a participating tribe.

(13) When the caseworker receives a child or young adult's CANS screening results, the caseworker must:

(a) Contact the certified family to review the CANS screening results;

(b) When the CANS screening results indicated the child or young adult currently has suicidal ideation or intent, review the supervision plan developed during the CANS screening no later than one business day after the receipt of the CANS screening results to determine whether the plan continues to be appropriate;

(c) Incorporate the needs and strengths identified in the CANS screening into the case plan; and

(d) Determine whether a supervision plan must be developed, modified, or terminated under OAR 413-020-0233 and 413-020-0236.

Or. Admin. Code § 413-020-0230

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 4-1996, f. & cert. ef. 9-11-96; CWP 3-2002, f. & cert. ef. 1-7-03; CWP 6-2007, f. & cert. ef. 5-1-07; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 9-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 29-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018; CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018; CWP 39-2018, amend filed 04/26/2018, effective 04/26/2018; CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019; CWP 113-2018, amend filed 10/31/2018, effective 11/1/2018; CWP 5-2024, temporary amend filed 02/28/2024, effective 2/28/2024 through 8/25/2024; CWP 25-2024, amend filed 08/14/2024, effective 8/14/2024

Statutory/Other Authority: ORS 418.340, ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.340, ORS 418.005, ORS 418.330 & ORS 418.335