Or. Admin. Code § 413-070-0959

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

Section 413-070-0959 - Court Order of Guardianship

(1) Except for guardianships established pursuant to OAR 413-070-0917(5), guardianship assistance may only be provided for a legal guardianship established under ORS 419B.365 or ORS 419B.366, as provided under ORS 419B.367 to 419B.369, or as provided by the statutory code or laws of a participating tribe.

(2) The Department or participating tribe may not pursue a court order establishing an assisted guardianship until a guardianship assistance agreement between the Department and the potential guardian has been signed by all parties.

(3) The Department or participating tribe, through counsel if the child is in the care or custody of the Department, must move the court for an order establishing the guardianship and, when the child is in the care or custody of the Department or participating tribe, directing one of the following:

(a) Termination of Department or participating tribe's care or custody and dismissal of the Department or participating tribe as a party to the case; or

(b) If the child has been committed permanently to the Department, an order setting aside the order of permanent commitment and relieving the Department of responsibility for the care, placement, and supervision of the child.

(4) The Department may not provide guardianship assistance if the court establishes guardianship but orders the Department or participating tribe to continue supervision of the child or guardian.

(5) Once the court signs the order of guardianship, the foster care base rate payment, any level of care payment, and any level of personal care payment provided by the Department end. If the guardian requests that medical assistance from the Department continue after the guardianship has been finalized, and the child is eligible, the Department may continue to provide medical assistance for the child.

Or. Admin. Code § 413-070-0959

SOSCF 7-2000, f. & cert. ef. 2-10-00; SOSCF 43-2001, f. 12-31-01, cert. ef. 1-1-02; CWP 26-2003, f. & cert. ef. 7-31-03; CWP 49-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 4-28-04; CWP 8-2004, f. & cert. ef. 4-1-04; CWP 5-2009(Temp), f. & cert. ef. 3-31-09 thru 9-27-09; CWP 7-2009(Temp), f. & cert. ef. 7-1-09 thru 9-27-09; CWP 12-2009, f. & cert. ef. 9-28-09; Renumbered from 413-070-0937, CWP 18-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 11-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 30-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 1-2014, f. 1-31-14, cert. ef. 2-1-14; CWP 12-2015, f. & cert. ef. 7/17/2015; CWP 24-2016, f. 12-23-16, cert. ef. 1/1/2017; CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018; CWP 43-2018, amend filed 05/15/2018, effective 5/15/2018; CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019; CWP 113-2018, amend filed 10/31/2018, effective 11/1/2018

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 411.141, ORS 418.005 & ORS 409.010