Or. Admin. R. 413-070-0320

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-070-0320 - Placement of Refugee Children

(1) When it appears that a child who may be taken into custody under ORS 419B.150 or ORS 419C.080 by the Department is a refugee child, the Department will make oral inquiry of the child or the parent concerning national origin and ethnic and cultural information relative to the child's status as a refugee child. For purposes of determining the child's status as a refugee child, the Department may consider information, including, but not limited to, information from the following sources:

(a) Any extended family member;

(b) Refugee community resources including, but not limited to, any group, association, partnership, corporation, or legal entity whose purpose is to represent the interests of a particular group or groups of refugees who have the same ethnic or minority heritage;

(c) The RCWAC;

(d) Federal immigration agencies;

(e) Refugee agencies; and

(f) Department records.

(2) As required by ORS 418.937, the Department may not remove a refugee child pursuant to ORS 419B.150, 419C.080, or 419C.088 unless:

(a) The Department has determined there is a safety threat and removal is necessary to prevent imminent serious emotional or physical harm to the child; and

(b) The provision of remedial or preventive services cannot manage the child's safety in the home.

(3) The Department must follow ORS 418.937 in making placement decisions for refugee children:

(a) The Department will consider the child's culture and tradition.

(b) Unless shown to be inappropriate and inconsistent with the best interests of the child, the Department will place the child with one or more of the following persons, listed in order of preference:

(A) Biological and legal parents.

(B) Extended family members who are 18 years of age or older.

(C) Members of the same cultural heritage.

(D) Persons with knowledge and appreciation of the cultural heritage of the child.

(4) The determination that one of the preferred placements is inappropriate and inconsistent with the best interests of the child must be based on one or both of the following reasons:

(a) The informed request of the child's parent, if the request is consistent with the stability, security, and individual needs of the refugee child.

(b) The safety, medical, physical, or psychological needs of the child.

(5) When the Department has taken a refugee child into custody under ORS 419B.150, the Department will make diligent efforts to locate the child's affected family members for the purposes of placing the child, if possible, in one of the preferred placements.

Or. Admin. R. 413-070-0320

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 9-2007, f. & cert. ef. 5-1-07; CWP 12-2015, f. & cert. ef. 7/17/2015

Stat. Auth.: ORS 418.005, 418.945

Stats. Implemented: ORS 418.005, 418.925 - 418.945