Or. Admin. R. 413-040-0145

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-040-0145 - Court Notification of Placement Changes and Request for Hearing

(1) When a caseworker, in consultation with a supervisor as outlined in OAR 413-080-0051, removes a child or young adult in the legal custody of the Department from the physical custody of a parent or guardian to manage the safety of the child or young adult, the caseworker must:

(a) Promptly complete a written report on a form approved by the Department and send the report to the juvenile court and all legal parties listed in ORS 419B.875 the day the child or young adult is placed into substitute care or no later than the morning of the next business day;

(b) Promptly request an expedited review hearing on the court's shelter hearing docket the day the child or young adult is placed into substitute care or no later than the morning of the next business day; and

(c) If the caseworker knows or has reason to know the child is an Indian child, the worker must also comply with OAR 413-115-0050 through 0090.

(2) The Department must notify the court when a permanent foster care placement disrupts so the court can take appropriate action, including scheduling a permanency hearing.

(3) Unless section (4) of this rule applies, the Department must file a report with the juvenile court when the Department has removed or plans to remove a child or young adult from a foster home as defined in ORS 418.625 that is certified under ORS 418.635 and the removal is for the purpose of placing the child or young adult in a different substitute care placement if:

(a) The child or young adult has resided for 12 consecutive months or more in the foster home; or

(b) The child or young adult resides or resided in the foster home pursuant to a permanent foster care agreement.

(4) The Department is not required to file a report under section (3) of this rule when:

(a) The removal of the child or young adult was made following a founded allegation of abuse or neglect by the foster care provider of the child or young adult;

(b) The removal was made to address an imminent threat to the health or safety of the child or young adult pending completion of an investigation of reported abuse or neglect by the foster care provider of the child or young adult;

(c) The Department has placed the child with a person who has been selected by the Department to be the adoptive parent, when the selection has become final after the expiration of any administrative or judicial review procedures under ORS chapter 183; or

(d) The removal was made at the request of the foster care provider.

(5) The Department must attend a court review hearing scheduled by the court.

Or. Admin. R. 413-040-0145

SOSCF 24-1999, f. & cert. ef. 12-14-99; SOSCF 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-6-00; SOSCF 22-2000, f. 9-6-00, cert. ef. 9-7-00; CWP 23-2003, f. & cert. ef. 5-22-03; CWP 29-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; CWP 8-2016, f. & cert. ef. 6/1/2016; CWP 17-2021, temporary amend filed 07/06/2021, effective 07/06/2021 through 01/01/2022; CWP 31-2021, amend filed 12/20/2021, effective 1/1/2022; CWP 68-2023, minor correction filed 06/15/2023, effective 6/15/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 419B.373, ORS 419B.376, ORS 419B.440 - 419B.476 & ORS 419C.623 - 419C.656