Current through Register Vol. 63, No. 12, December 1, 2024
(1) Every
child and young adult in the legal
custody of the Department has rights, including but not limited to the
right:
(a) To be placed in the least
restrictive environment that appropriately meets individual needs;
(b) To be provided basic needs such as
adequate food, clothing, and shelter;
(c) To receive appropriate care, supervision,
and
discipline, and to be taught to act responsibly and
respect the rights of others;
(d)
To be provided routine and necessary medical, dental, and mental health care
and treatment;
(e) To be provided
with free and appropriate public education;
(f) To be protected from physical and sexual
abuse, emotional abuse, neglect, and exploitation;
(g) To be provided services designed for
reunification with the
parent or
guardian
except when there is clear evidence that the
parent or
guardian may not protect the child's or young adult's
welfare;
(h) To be provided
services to develop a safe permanent alternative to the family, when family
resources are not available;
(i) To
be accorded the least restrictive legal status that is consistent with the need
for protection, to have the Department present its position on best interests
to the court, and to attend court hearings and speak directly to the
judge;
(j) To receive respect, be
nurtured, and attend activities in accordance with their background, religious
heritage, race, and culture within reasonable guidelines as set by the
case plan, the visitation plan, and the court;
(k) To visit and communicate with a
parent or
guardian, siblings, members of
their family, and other significant people within reasonable guidelines as set
by the
case plan, the visitation plan, and the court;
(l) To be involved, in accordance
with their age and ability and with the law, in making major decisions that
affect their life, to participate in the development of their
case
plan, permanency plan, and comprehensive transition plan and to
discuss their views about the plans with the judge;
(m) To receive encouragement and be afforded
reasonable opportunities to participate in extracurricular, cultural, and
personal enrichment activities consistent with their age and developmental
level; and
(n) To earn and keep
their own money and to receive guidance in managing resources to prepare their
for living independently, including receiving assistance from the Department to
establish a savings account as provided in ORS
418.708.
(2) This section establishes the Oregon
Foster Children's Bill of Rights. In addition to the rights listed in section
(1) of this rule, every child and young adult
in the legal custody of the Department who is or was in substitute
care has the following rights, as provided in ORS
418.201:
(a) To have the ability to make oral and
written complaints about care, placement, or services that are unsatisfactory
or inappropriate, and to be provided with information about a formal process
for making complaints without fear of retaliation, harassment, or
punishment.
(b) To be notified of,
and provided with transportation to, court hearings and reviews by local
citizen review boards pertaining to the child's or young adult's case when the
matters to be considered or decided upon at the hearings and reviews are
appropriate for the
child or
young adult,
taking into account the age and developmental stage of the
child or
young adult.
(c) To be provided with written contact
information of specific individuals whom the
child or
young adult may contact regarding complaints, concerns, or
violations of rights, that is updated as necessary and kept current.
(d) When the
child or
young adult is 14 years of age or older, to be provided with
written information within 60 days of the date of any placement or any change
in placement, regarding:
(A) How to establish
a bank account in the child's or young adult's name as allowed under state
law;
(B) How to acquire a driver
license as allowed under state law;
(C) How to remain in foster care after
reaching 18 years of age;
(D) The
availability of a tuition and fee waiver for a current or former
foster
child under ORS
351.293;
(E) How to obtain a copy of the child's or
young adult's credit report, if any;
(F) How to obtain medical, dental, vision,
mental health services, or other treatment, including services and treatments
available without parental consent under state law; and
(G) A transition toolkit, including a
comprehensive transition plan.
(e) With respect to a child's or young
adult's rights under the federal and state constitutions, laws, including case
law, rules, and regulations:
(A) To receive a
document setting forth such rights that is age and developmentally appropriate
within 60 days of the date of any placement or any change in
placement;
(B) To have a document
setting forth such rights that is age and developmentally appropriate posted at
the residences of all resource parents, child-caring agencies, and independent
resident facilities; and
(C) To
have an annual review of such rights that is age and developmentally
appropriate while the
child or
young adult is
in
substitute care.
(f) To be provided with current contact
information within 60 days of placement or change in placement, for adults who
are responsible for the care of the
child or
young
adult and who are involved in the child's or young adult's case,
including but not limited to caseworkers, caseworker supervisors, attorneys,
foster youth advocates and supporters, court appointed special advocates, local
citizen review boards, and employees of the Department that provide
certification of resource parents, child-caring agencies, and independent
resident facilities.
(g) To have a
hotline phone number that is available to the
child or
young adult at all times for the purposes of enabling the
child or
young adult to make complaints and
assert grievances regarding the child's or young adult's care, safety, or
well-being.
(3) This
section establishes the Oregon Foster Children's Sibling Bill of Rights. A
sibling who is a foster child has rights,
including but not limited to the right:
(a) To
obtain
substitute care placements with siblings (pursuant to
OAR 413-070-0600 to 413-070-0645), whenever it is safe and
appropriate;
(b) To
visit and maintain contact with siblings who are placed in
substitute care, and those who are not, whenever it is safe
and appropriate. This contact includes but is not limited to face-to face,
telephonic, letters and electronic communication;
(c) To have a sibling visit and contact plan
that has been developed as a result of the active engagement and participation
of siblings, updated at least annually, and complied with as part of any
substitute care placement;
(d) To be provided with an explanation in an
age-appropriate manner if placement or contact with a
sibling
is denied or prohibited;
(e) To be
provided with transportation to
visit and maintain contact
with siblings;
(f) To be placed
with a resource parent or relative resource parent who has been provided with
training on the importance of
sibling relationships;
(g) To be assigned to a caseworker who has
been provided with training on the importance of
sibling
relationships;
(h) For contact with
siblings to be encouraged in any adoptive or guardianship placement, whenever
such contact is safe and appropriate;
(i) To have more private or less restrictive
communication with siblings as compared to communications with others who are
not siblings, whenever it is safe and appropriate;
(j) To be immediately and timely notified of
the placement or placement change of a sibling who is in the
legal
custody of the Department, as is safe and appropriate; and
(k) To be immediately and timely notified of
a catastrophic event or an emergency affecting a sibling, as is safe and
appropriate;
(l) To request that
the foster child's attorney advocate on behalf of the
foster
child for contact and visits with siblings:
(A) While the
foster child
is in foster care;
(B) When the
court is considering whether to order visitation between the
foster
child and the foster child's siblings under ORS
419B.367; and
(C) When decisions are made regarding
post-adoption or post-guardianship contact between the foster child and the
foster child's siblings.
(4) With respect to the rights in section (3)
of this rule, a foster child has the right:
(a) To receive a document setting forth such
rights, and a verbal explanation of those rights, that are age and
developmentally appropriate, within 60 days of the date of any placement or
change in placement;
(b) To have
access to the document described in (4)(a) of this rule at the residence of all
resource parents and child-caring agencies at which the
foster
child receives care;
(c)
To have the document described in (4)(a) of this rule on each occasion the
child's case plan is considered and reviewed pursuant to OAR
413-040-0100;
(d) To be informed by
the Department of the rights in section (3) of this rule at least annually;
and
(e) To have these rights apply
regardless of whether the parental rights of one or more of the foster child's
parents have been terminated.
(5) A child or young
adult in the legal custody of the Department may have
other rights not specified in this rule as appropriate to the child's or young
adult's age and developmental stage.
Statutes/Other Implemented: ORS
418.005, ORS
418.200, ORS
418.202, ORS
418.201 & ORS
418.606-418.609