Current through Register Vol. 63, No. 12, December 1, 2024
(1) Reasonable
efforts determination. The Title IV-E agency must make reasonable efforts to
maintain the family unit and prevent the unnecessary removal of a child from
his or her home; to affect the safe reunification of the child and family; and
to make and finalize alternate permanency plans in a timely manner when
reunification is not appropriate or possible.
(a) Judicial determination of reasonable
efforts to prevent a child's removal from the home. When a child is removed
from his or her home, the Title IV-E agency must obtain a judicial
determination that reasonable efforts were made or were not required to prevent
the removal (pursuant to section (2) of this rule). This judicial determination
must be obtained no later than 60 days from the date the child is removed from
the home.
(b) Judicial
determination of reasonable efforts to finalize a permanency plan. The Title
IV-E agency must obtain a judicial determination that it has made reasonable
efforts to finalize the permanency plan that is in effect within 12 months of
the date the child is considered to have entered foster care and at least once
every 12 months thereafter while the child is in foster care.
(c) Circumstances in which reasonable efforts
are not required. Reasonable efforts to prevent a child's removal from home or
to reunify the child and family are not required if the Title IV-E agency
obtains a judicial determination that such efforts are not required because a
court determines one of the following circumstances exists:
(A) The parent has subjected the child to
aggravated circumstances including, but not limited to, one of the reasons
listed in ORS
419B.340(5)(a);
(B) The parent has been convicted in any
jurisdiction of one of the crimes listed in ORS
419B.340(5)(b);
or
(C) The parent's rights to
another child have been terminated involuntarily.
(2) Contrary to the welfare or
best interest determination. The Title IV-E agency must obtain a judicial
determination that continuation in the home would be contrary to the welfare,
or that placement would be in the best interest, of the child.
(a) When a child is removed pursuant to a
court order, the judicial determination must be made in the first court order
that sanctions (even temporarily) the removal of a child from home.
(b) When a child is removed pursuant to a
voluntary placement agreement, the judicial determination must be made no later
than 180 days from the date of the child's placement.
(3) Documentation of judicial determinations.
(a) The judicial determinations regarding
contrary to the welfare, reasonable efforts to prevent removal, and reasonable
efforts to finalize the permanency plan in effect, including judicial
determinations that reasonable efforts are not required, must be explicitly
documented and must be made on a case-by-case basis and stated in the court
order.
(b) If the reasonable
efforts and contrary to the welfare judicial determinations are not included as
required in the court orders identified in sections (1) and (2) of this rule, a
transcript of the court proceedings is the only other documentation that will
be accepted to verify these required determinations have been made.
Statutory/Other Authority:
42 U.S.C.
671,
672,
ORS
409.010,
ORS
409.050, ORS
418.005
& ORS
419B.340
Statutes/Other Implemented: ORS
409.010,
ORS
409.050, ORS
418.005
& ORS
419B.340