Current through Register Vol. 63, No. 12, December 1, 2024
(1) The purpose of
these rules (OAR 413-010-0500 to 413-010-0535) is to:
(a) State the rights of individuals and
entities to request a contested case hearing when the Department takes certain
actions; and
(b) Set forth rules
governing some aspects of the contested case hearings process.
(2) The individuals and entities
described below have the right to request a contested case hearing under ORS
Chapter 183. In order to exercise the right to a hearing, the individual or
entity must submit and the Department must receive a hearing request which
complies with OAR 413-010-0505 within the timeframes described in that rule.
(a) A child or young adult placed in
substitute care by the Department may request a hearing in the manner set forth
in OAR 413-010-0505 when the Department issues a notice and decision that
includes a statement of hearing rights that:
(A) Reduces or terminates the base rate
payment;
(B) Determines, denies,
reduces or terminates a level of care payment;
(C) Determines, denies, reduces or terminates
a level of personal care payment;
(D) Denies eligibility under Title IV-E of
the Social Security Act when such denial impacts a benefit;
(E) Denies, reduces or terminates the base
rate payment made on behalf of the child's or young adult's minor child when
the minor child:
(i) Lives with the child or
young adult in substitute care; and
(ii) Is not in the legal custody of the
Department; or
(F) Denies
eligibility for medical assistance under Child Welfare Policy I-E.6.2, "Title
XIX and General Assistance Medical Eligibility," (OAR 413-100-0400 through
413-100-0610) when such denial impacts assistance.
(G) Denies prior authorization for the BRS
Program under Child Welfare Policy I-E.5.1.1.1, "Behavior Rehabilitation
Services Program," (OAR 413-090-0075(2)(b)).
(b) Unless an adoption assistance agreement
automatically expires, a pre-adoptive family or an adoptive family applying for
or receiving adoption assistance under Child Welfare Policy I-G.3.1, "Adoption
Assistance," (OAR 413-130-0000 to 413-130-0130) may request a hearing in the
manner set forth in OAR 413-010-0505 when the Department issues a notice and
decision that includes a statement of hearing rights and:
(A) Denies Title IV-E adoption assistance
benefits;
(B) Denies adoption
assistance from state funds;
(C)
Reduces adoption assistance payments or terminates adoption assistance without
the concurrence of the adoptive family;
(D) Reduces adoption assistance payments or
terminates adoption assistance for a reason other than a child turning age 18
or a young adult turning age 21 when an extension has been granted; or
(E) Offers the family a specific
amount or type of adoption assistance when the Department and the adoptive
family or pre-adoptive family are unable to reach agreement through a
negotiation or renegotiation under OAR 413-130-0070 or 413-130-0075.
(c) Unless a guardianship
assistance agreement automatically expires, a potential guardian or a guardian
applying for or receiving guardianship assistance payments under Child Welfare
Policy I-E.3.6.2, "Guardianship Assistance," (OAR 413-070-0900 to 413-070-0974)
in the manner set forth in OAR 413-010-0505 when the Department issues a notice
and decision that includes a statement of hearing rights and:
(A) Denies Title IV-E guardianship assistance
benefits;
(B) Terminates, reduces,
or otherwise changes guardianship assistance payments without the concurrence
of the guardian;
(C) Terminates
guardianship assistance for a reason other than a child turning age 18 or a
young adult turning age 21 when an extension has been granted; or
(D) Offers the family a specific amount or
type of guardianship assistance when the Department and the guardian or
potential guardian are unable to reach agreement through a negotiation or
renegotiation under OAR 413-070-0917, 413-070-0939, or 413-070-0969.
(d) An applicant for a Certificate
of Approval or a certified family may request a hearing in the manner set forth
in OAR 413-010-0505 when the Department denies the application or revokes a
certificate under Child Welfare Policy II-B.1, "Standards for Certification of
Foster Parents, Relative Caregivers, and Approval of Potential Adoptive
Resources," (OAR 413-200-0301 to 413-200-0396).
(e) An applicant for a license to operate a
child-caring agency or a licensee may request a hearing in the manner set forth
in OAR 413-215-0121 when the Department denies, suspends, revokes, or places
conditions on a license or imposes a civil penalty.
(f) An applicant to adopt or an applicant for
a Certificate of Approval may request a hearing in the manner set forth in OAR
413-010-0500 when the Department determines that the applicant is unfit based
on the criminal offender information or a false statement regarding criminal
offender information of the applicant or of another individual in the household
of the applicant under Child Welfare Policy I-G.1.4, "Criminal Records Check
Requirements for Relative Caregivers, Foster Parents, Adoptive Resources, and
Other Persons in the Household," (OAR 413-120-0400 to OAR 413-120-0475).
(3) A person may request
a hearing in the manner set forth in OAR 413-010-0505 when that person has the
right to a contested case hearing under a statute concerning Child Welfare
Programs or a rule in Chapter 413.
(4) These rules (OAR 413-010-0500 to
413-010-0535), apply to contested cases arising from the properly made hearings
requests described in sections (2) and (3) of this rule. The following other
rules do or do not apply as noted:
(a) OAR
137-003-0501 to 137-003-0700 apply to these contested cases, except to the
extent that rules in Chapter 413 are permitted to and provide otherwise.
(b) Rules in Chapter 461 do not
apply to these contested cases unless a rule in Chapter 413 expressly refers to
them.
Stat. Auth.: ORS
418.005
Stats. Implemented: ORS
183.411 - 183.685, 411.095 &
418.005