Or. Admin. R. 413-080-0054

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

Section 413-080-0054 - Monthly Face-to-Face Contact Requirements

(1) A child or young adult in a child welfare case.

(a) Except as provided in section (2) of this rule, monthly face-to-face contact with a child or young adult in a child welfare case must be made by one of the following Department staff to ensure the safety, permanency, and well-being of the child or young adult:

(A) The primary caseworker;

(B) The caseworker's supervisor; or

(C) When designated by the caseworker's supervisor as described in OAR 413-080-0067:

(i) Another caseworker or supervisor; or

(ii) A social service assistant.

(b) During the face-to-face contact required in section (1) of this rule, Department staff must:

(A) Ensure the safety, permanency, and well-being of the child or young adult;

(B) Address issues pertinent to case planning and service delivery during the contact;

(C) A photo of the child or young adult must be obtained and updated each year.

(D) Notify a supervisor when they determine that the ongoing safety plan or the living environment is insufficient to ensure the safety of the child or young adult to determine if a protective action plan is necessary to ensure safety; and

(E) Notify a certifier when the well-being needs of a child or young adult are not being met in a home certified by Child Welfare, ODDS (Office of Developmental Disabilities Services within the Department), or OYA (the Oregon Youth Authority).

(F) Comply with OAR 413-080-0051 when there is any concern about the safety of a child or young adult.

(G) Comply with OAR 413-080-0052 when there is any concern about a child-caring agency or proctor foster home, including the well-being needs of a child in care not being met by a child-caring agency or proctor foster parent.

(H) Comply with OAR 413-080-0062 when information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking.

(I) Comply with OAR 413-080-0065 when a healthcare provider involved in the delivery or care of an infant identifies the child as a substance affected infant.

(c) Department staff making face-to-face contact must document in the Department's electronic information system:

(A) The date, type, and location of each contact with the child, young adult, parent, guardian, or Indian Custodian; and

(B) The issues addressed during the contact.

(C) The new or updated photo of the child or young adult.

(d) A face-to-face contact with a child or young adult made by a social service assistant:

(A) May be reported as the required face-to-face contact no more than one time in any three-month period and no more than four times within a year; and

(B) May not be reported as the required face-to-face contact for consecutive months.

(e) Face-to-face contact with a child or young adult in substitute care must occur in the substitute care placement every other month.

(f) When face-to face contact with a child or young adult in substitute care is not possible because the child or young adult is missing, the caseworker must comply with OAR 413-080-0053.

(2) A parent, guardian, or Indian Custodian on a child welfare case.

(a) Department staff must have monthly face-to-face contact with the parents, guardians, or Indian Custodians.

(b) When there is an in-home ongoing safety plan, Department staff must have monthly face-to-face contact in the home with the parents, guardians, or Indian Custodian living in the home with the child.

(c) A caseworker must have face-to-face contact with the child and the child's parent, guardian, or Indian Custodian within five working days of learning any of the following:

(A) The plan to manage child safety within the current ongoing safety plan no longer sufficiently manages child safety, including for an in-home ongoing safety plan, a change resulting in any of the four in-home criteria no longer being met.

(B) A change in the protective capacity, the family circumstances, or the composition of the household of a parent, guardian, or Indian Custodian may negatively impact the ongoing safety plan.

(C) The caseworker is assigned a case that had been assigned to another caseworker (case transfer).

(d) During face-to-face contact in the home of a parent, guardian, or Indian Custodian with an infant, as defined in 413-015-0115, the Department must:

(A) Observe and assess the sleep environment of the infant, as defined in 413-015-0115;

(B) Inquire about the sleep practices the family uses anytime the infant, as defined in 413-015-0115, is laid down to sleep;

(C) Engage and educate the family on safe sleep practices;

(D) Support the family in problem solving to reduce sleep related risk; and

(E) Document observations of the sleep environment, any information gathered on sleep practices, whether written information on safe sleep was provided and any efforts to reduce risk in the Department's electronic information system.

(3) The substitute caregiver.

(a) Department staff described in subsection (1)(a) of this rule must have monthly contact with the certified family or provider.

(b) The face-to-face contact with the child or young adult required in subsection (1)(e) of this rule must include at least one of the certified adults or providers who provide direct care for the child or young adult.

(c) During each face-to-face contact in the home of a certified family providing care for an infant, as defined in 413-015-0115, in the care or custody of the Department, the Department must:

(A) Observe and assess the sleep environment of the infant, as defined in 413-015-0115;

(B) Inquire as to the sleep practices the certified family uses anytime the infant, as defined in 413-015-0115, is laid down to sleep;

(C) Engage and educate the certified family on safe sleep practices, as needed; and

(D) Document observations of the sleep environment, any information gathered from the certified family on their sleep practices and whether written information on safe sleep was provided in the Department's electronic information system.

(4) A child placed through ICPC or placed internationally.

(a) When a child is placed in another state through the ICPC or placed internationally, the caseworker must request that officials from the receiving state or country have monthly face-to-face contact to monitor child safety, permanency, and well-being.

(b) When the receiving state or country's child welfare office is unwilling or unable to have monthly face-to-face contact with the child, a plan must be developed to meet this requirement.

(c) The caseworker must document in the case file the type and level of contact the receiving state or country will provide and how the contact is sufficient to confirm the safety and well-being of the child.

(d) The documentation received from the receiving state or country must be filed in the Department's electronic information system.

Or. Admin. R. 413-080-0054

CWP 1-2013, f. & cert. ef. 1-15-13; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14; CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16; CWP 27-2015, f. 12-28-15, cert. ef. 1/1/2016; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12/1/2016; CWP 29-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 53-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 100-2018, temporary amend filed 07/19/2018, effective 07/19/2018 through 12/25/2018; CWP 101-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 12/25/2018; CWP 114-2018, amend filed 10/31/2018, effective 11/1/2018; CWP 136-2020, amend filed 08/27/2020, effective 9/1/2020; CWP 2-2021, amend filed 01/04/2021, effective 1/4/2021; CWP 12-2024, amend filed 05/08/2024, effective 5/10/2024; CWP 14-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005