Or. Admin. R. 413-070-0518

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

Section 413-070-0518 - Approving a Permanency Plan Prior to a Resource Being Identified

(1) A permanency plan may be changed to guardianship or placement with a fit and willing relative prior to a resource having been identified when:

(a) The court changes a permanency plan for a child or young adult before the Department makes a recommendation pursuant to OAR 413-070-0512 to 413-070-0516; or

(b) The Department must make a recommendation to change the permanency plan for a child or young adult to guardianship or placement with a fit and willing relative because a child or young adult's current permanency plan is no longer in the best interest of the child or young adult.

(2) When subsection (1)(a) of this rule applies, the caseworker does the following:

(a) If the new permanency plan for the child or young adult is guardianship:

(A) Change the permanency plan to guardianship;

(B) Diligently recruit and identify a potential guardian resource for the child or young adult; and

(C) Approve the guardian for the child or young adult as outlined in OAR 413-070-0665, 413-070-0670 or OAR 413-070-0668.

(b) If the new permanency plan for a child or young adult is placement with a fit and willing relative:

(A) Change the permanency plan to placement with a fit and willing relative;

(B) Diligently recruit and identify a potential relative resource for the child or young adult; and

(C) Approve the relative for placement with a fit and willing relative as outlined in OAR 413-070-1020.

(3) After complying with OAR 413-070-0512 to 413-070-0516, if the Department recommendation is something other than the court-approved permanency plan, the Department must schedule a judicial review of the permanency plan of the child or young adult.

(4) When subsection (1)(b) of this rule applies, the caseworker must comply with the following requirements:

(a) If the recommendation is to change the permanency plan to guardianship:

(A) Comply with OAR 413-070-0660;

(B) Schedule a permanency committee and comply with the sections of OAR 413-070-0670 that pertain to approving the permanency plan of guardianship;

(C) Diligently recruit and identify the substitute caregiver as a potential guardian as outlined in OAR 413-070-0665; and

(D) Schedule a second permanency committee and comply with the sections of OAR 413-070-0670 that pertain to approving the substitute caregiver as a guardian.

(E) Schedule a Central Office Guardianship Committee and comply with OAR 413-070-0668 that pertain to approving a relative as a guardian while the child's placement remains with the substitute caregiver.

(b) If the recommendation is to change the permanency plan to placement with a fit and willing relative:

(A) Comply with the sections of OAR 413-070-1000 that pertain to considering the permanency plan of placement with a fit and willing relative;

(B) Schedule a permanency committee and comply with the sections of OAR 413-070-1020 that pertain to approving the permanency plan of placement with a fit and willing relative;

(C) Diligently recruit and identify the proposed fit and willing relative resource that meets the eligibility as outlined in OAR 413-070-1010; and

(D) Schedule a second permanency committee and comply with the sections of OAR 413-070-1020 that pertain to approving the proposed resource as a fit and willing relative.

Or. Admin. R. 413-070-0518

CWP 27-2010, f. & cert. ef. 12-29-10; CWP 3-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 23-2011, f, & cert. ef. 9-19-11; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 17-2015, f. 9-28-15, cert. ef. 10/1/2015; CWP 24-2016, f. 12-23-16, cert. ef. 1/1/2017; CWP 1-2017, f. & cert. ef. 1/19/2017; CWP 134-2020, amend filed 07/29/2020, effective 8/1/2020

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005