Or. Admin. R. 413-070-0072

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

Section 413-070-0072 - Contact with and Notice to Relatives or Persons with a Caregiver Relationship

(1) Unless a child welfare program manager or designee approves no contact, or a court orders no contact, with an identified individual because contact may compromise the safety of a child or young adult or another individual, the Department must make diligent efforts to contact the following individuals as soon as reasonably possible and no later than 30 calendar days after a child's initial removal from the custody of a parent or guardian, or placement in substitute care through a voluntary placement agreement or voluntary custody agreement:

(a) The child or young adult's parents or legal guardians, grandparents, parents of a sibling of a child where the parent has custody of the sibling, adult relatives, and persons with a caregiver relationship;

(b) When the child or young adult is a refugee, other individuals identified in OAR 413-070-0300 to 413-070-0380; and

(c) When there is reason to know the child or young adult is an Indian child, the tribe, pursuant to OAR chapter 413, division 115.

(2) During the contact required under section (1) of this rule, the Department must:

(a) Provide notice in the individual's primary language that specifies:

(A) Whether the child or young adult has been removed from the custody of a parent or guardian to manage child safety or has been placed in substitute care through a voluntary placement agreement or voluntary custody agreement;

(B) Whether the child or young adult is currently residing with a relative;

(C) The opportunities and requirements associated with being assessed as a safety service provider;

(D) The opportunities and requirements associated with being assessed to become a relative caregiver; and

(E) The rights of relatives set forth in OAR 413-010-0300 to 413-010-0340, and the statutes governing intervention, limited participation, and post-adoption communication agreements.

(b) Request the names of other relatives not previously identified.

(3) If the Department places a child or young adult with a person who is not the child or young adult's relative, the notice described in section (2) must:

(a) Be provided in writing to the parents and any relative identified by the department as a potential placement resource or prospective adoptive parent; and

(b) Include the statement: "the nonrelative resource parent will have equal status or priority under ORS 109.270 and 419B.192 as a prospective adoptive parent if the nonrelative resource parent cares for child or young adult, or at least one sibling of the child or young adult, for at least 12 cumulative months or, if the child, young adult, or sibling is younger than two years of age, for one-half of the child, young adult, or sibling's life, calculated cumulatively."

(4) The Department must document in the Department's information system:

(a) The approval not to contact an individual under section (1) of this rule;

(b) The name of each individual with whom the Department attempted or made contact;

(c) The individual's relationship to the child or young adult;

(d) The date and type of contact(s);

(e) Each individual's response to the notice required in subsection (2)(a) of this rule when a response is received; and

(f) The individual's contact information.

(5) The Department must respond to inquiries from a relative or a person with a caregiver relationship in person or by telephone as soon as reasonably possible and no later than within 15 business days. When a telephone number or opportunity to meet in person has not been provided, the Department must contact the individual by other means, including by mail or electronic mail.

(6) The caseworker may utilize any meeting or other contact with the family to identify and communicate with relatives for the purposes set forth in OAR 413-070-0060.

(7) Whenever the Department is provided the name of a relative or person with a caregiver relationship previously unknown to the Department, the Department must:

(a) Document the name and contact information in the Department's information system;

(b) Attempt to contact the individual as soon as reasonably possible and no later than within 15 business days; and

(c) Provide notice as required by sections (1-3) of this rule.

(8) When the Department is unable to locate contact information for an identified relative or person with a caregiver relationship, the Department must document the efforts to obtain contact information in the Department's information system.

Or. Admin. R. 413-070-0072

SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99; SOSCF 6-1999, f. & cert. ef. 4-29-99; SOSCF 3-2001(Temp) f. & cert. ef. 1-24-01 thru 7-22-01; SOSCF 34-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 10-2010, f. & cert. ef. 7-1-10; CWP 5-2015(Temp), f. & cert. ef. 1-21-15 thru 7-19-15; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 109.119, ORS 419A.004 & ORS 419B.192