Or. Admin. Code § 413-070-0640

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-070-0640 - Placement Assessment and Matching

(1) The caseworker must assess the extent to which the ongoing needs of the child or young adult for safety, attachment, permanency, and well-being:

(a) Are currently met in substitute care at each 90 day case plan review; and

(b) Will be met with a potential adoptive resource or potential guardian during the permanency planning process.

(2) Physical and emotional safety. To determine the extent to which the placement, potential adoptive resource, or potential guardian meets the needs for physical and emotional safety of the child or young adult, the caseworker must determine whether the following conditions exist in the home.

(a) The substitute caregiver, potential adoptive resource, or potential guardian has the skill level or willingness to acquire the skills necessary to meet the physical, emotional, and supervisory needs for the child or young adult;

(b) The substitute caregiver, potential adoptive resource, or potential guardian has the skill level to care for this child or young adult given the age, number, and gender of all other children or young adults in the home;

(c) The behavioral characteristics of children or young adults currently in the placement are such that the substitute caregiver, potential adoptive resource, or potential guardian can protect the child or young adult from further victimization and from harming self or others;

(d) The substitute caregiver, potential adoptive resource, or potential guardian has the ability to protect the child or young adult from inappropriate contact with those who may harm the child or young adult; and

(e) The physical layout of the home permits the substitute caregiver, potential adoptive resource, or potential guardian to safely supervise the children or young adults in the home.

(3) Attachment to family, siblings and caregivers known to the child or young adult and others with whom the child or young adult has developed an emotional attachment. To determine the extent to which the placement, potential adoptive resource, or potential guardian meets the need of the child or young adult to promote and preserve attachment to his or her family, the caseworker must consider whether:

(a) The family of the child or young adult has expressed a preference in placement;

(b) The child or young adult has requested a particular placement;

(c) The relative caregiver, resource parent, provider, potential adoptive resource, or potential guardian demonstrates the ability:

(A) To promote and support the attachment of the child or young adult through visitation and other types of current and long-term contact with the family of the child or young adult;

(B) To accommodate the placement of the siblings of the child or young adult together in the home;

(C) To accommodate current and long-term contact between the child or young adult and his or her siblings when the child or young adult is not placed with his or her siblings and current and long-term contact is in the best interests of the child or young adult; and

(D) To provide mutual care when both the child and parent require placement. As used in this rule, "mutual care" means the out-of-home placement of a parent and child together where one or both are in the legal custody of the Department.

(E) To maintain safe, long-term contact between caregivers known to the child or young adult and others with whom the child or young adult have developed an emotional attachment.

(4) Continuity and familiarity. To determine the extent that the placement, potential adoptive resource, or potential guardian meets the need of the child or young adult for continuity and familiarity, the caseworker must consider:

(a) The extent of the pre-existing relationship of the child or young adult with the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian;

(b) The proximity of the placement to the neighborhood, school, or educational placement of the child or young adult, and parent or guardian; and

(c) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian can provide a permanent home or facilitate transition to a permanent home for the child or young adult.

(5) To determine the extent that a particular placement, potential adoptive resource, or potential guardian meets the need of the child or young adult for appropriate educational, developmental, emotional, and physical support, the caseworker must consider:

(a) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian demonstrates competency in meeting the specific and unique needs of the child or young adult or is acquiring the skills necessary to meet specific and unique needs of the child or young adult;

(b) Whether the ability of the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian to meet the specific and unique needs of the child or young adult is influenced by the number and type of children in the home; and

(c) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian is willing and able to assist with, participate in, and act as an advocate for the child or young adult in his or her education and treatment plan.

(6) Permanent family relationships. To determine the extent that a potential adoptive resource or potential guardian meets the need of the child or young adult for a current and lifelong family relationship, the caseworker must consider:

(a) Whether the potential adoptive resource or potential guardian can permanently integrate the child into the family during childhood.

(b) Whether potential adoptive resource or potential guardian will be accessible and supportive to the child in adulthood.

(7) Stability. To determine the extent to which the placement, potential adoptive resource, or potential guardian meets the need of the child or young adult for stability, the caseworker must consider:

(a) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian has expressed a desire to provide permanency for a particular child or young adult;

(b) Whether the ability of the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian to provide support and to nurture the child or young adult is influenced by the number of children or young adults in the home; and

(c) Whether the capacity of the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian to recognize the needs of the child or young adult, and build on the strengths of the child or young adult, is sufficient to meet the long-term or lifelong placement needs of the child or young adult.

(8) Identity, development, cultural, religious, and spiritual background and connections. To determine whether the placement, potential adoptive resource, or potential guardian can support the identity, development, and cultural and religious or spiritual background and connections of the child or young adult, the caseworker must consider:

(a) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian has the ability to appreciate, nurture, support, and reinforce the identity, development, cultural, religious and spiritual background and connections of the child or young adult;

(b) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian has the ability to support the development of the child or young adult, and help the child or young adult with problems that the child or young adult may encounter;

(c) Whether the relative caregiver, foster parent, provider, potential adoptive resource, or potential guardian has the ability to communicate effectively with the child or young adult; and

(d) Whether the child or young adult has adjusted to the placement or is able to adjust to a guardian's home or an adoptive home.

(9) After making the determinations in sections (2) to (8) of this rule, the caseworker must document the extent to which the need of the child or young adult for safety, permanency, and well-being are or can be met:

(a) In the documentation of the 90-day case plan review when the child is in substitute care; or

(b) In the documentation of the selection of a guardian or adoptive resource.

Or. Admin. Code § 413-070-0640

SOSCF 13-1999, f. 7-8-99, cert. ef. 7-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 26-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 8-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 29-2010, f. & cert. ef. 12-29-10; CWP 1-2013, f. & cert .ef. 1-15-13; CWP 93-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005 & ORS 419B.192