Or. Admin. R. 413-040-0008
Current through Register Vol. 63, No. 6, June 1, 2024
Section 413-040-0008 - Requirements for a Family Engagement Meeting(1) When the child has been placed in substitute care or the Department is working a cooperative in-home plan for more than 30 days, the Department must schedule an FEM. The meeting is scheduled between the 30th and 60th day of the out-of-home care placement or from the time of safety threat identification resulting in a cooperative in-home case.(2) Prior to the FEM, the Department must conduct and document reasonable inquiries to promptly locate and invite the parents and an Indian child's tribe. The Department may conduct and document reasonable inquiries to promptly locate and invite grandparents and any other family member who has had significant, direct contact with the child in the year prior to the substitute careplacement. Other participants in the meeting must include the child,if the child is 12 years of age or older, and for a child 14 years of age and older, at their option, up to two members of the case planning team who are chosen by the child. Other participants in the meeting may include a child younger than 12 when appropriate, other professionals, foster parents, neighbors, and family and friends of the family.(3) Family members or an Indian child's tribe who are located after reasonable inquiries must be notified by the Department of the FEM in a timely manner to allow them the opportunity to be prepared for and attend the meeting.(4) Other participants may be jointly identified by the parents, guardians, Indian custodian of the child, and the Department, and the Department must notify identified participants in a timely manner to allow them the opportunity to prepare for and attend the meeting.(5) To assist the family in developing the family's plan for the child, the Department must provide participants with information regarding the federal timeline for determining permanency for the child and the Oregon Administrative Rules that govern the sufficiency of a safety plan, conditions for return, and reunification.(6) The located family members may attend the FEM unless the other participants determine that a family member may threaten or place other participants at risk. The Department may exclude family members it determines are violent, unpredictable, or abusive or an alleged perpetrator of sexual abuse, domestic violence, or severe physical assault.(7) Family members who are not invited or allowed to participate may submit written information and recommendations to the caseworker prior to the scheduled meeting concerning the subjects of the FEM, including feedback regarding the placement of the child, permanency plan, concurrent permanent plan, and services.(8) During the FEM, family members may develop a family plan for the child.(9) Any family member or tribal representative participating in an FEM must sign a written acknowledgment of the content of the family plan developed at the meeting and of his or her attendance at the meeting.(10) The Department must send a copy of the family plan developed at the FEM within 21 days after the date of the meeting to family participants, including those who participated by submitting written information and recommendations.(11) The Department must incorporate the family plan developed at the FEM into the Department case plan to the extent that the family plan protects the child, builds on family strengths, and focuses on achieving permanency for the child within a reasonable time. If the family's plan developed at the meeting cannot be incorporated into the Department's case plan, the reasons shall be documented in the Department's case plan.(12) The Department is responsible for confirming that any family plan developed at an FEM is sufficient to ensure the safety or permanency of the child before implementing a family plan developed at an FEM. Or. Admin. R. 413-040-0008
CWP 31-2003, f. & cert. ef. 10-1-03; Renumbered from 413-040-0031, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 1-2013, f. & cert .ef. 1-15-13; CWP 19-2015, f. & cert. ef. 10/1/2015; CWP 51-2019, amend filed 11/14/2019, effective 11/15/2019Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005 & ORS 409.010