Current through Register Vol. 63, No. 12, December 1, 2024
(1)
The parents of a child in a paid substitute care placement may be required to
make monthly child support payments to the state until one of the following
occurs:
(a) The child is reunified with the
parent.
(b) The child turns 18 or
as long as the child is attending school as defined in ORS
107.108.
(c) Parental rights have been terminated or
relinquished.
(2) If
there is an active child support case in which one parent is paying the other,
the Department will refer the case to the Division of Child Support (DCS) to
assign support payments to the Department.
(3) If there is not an existing child support
order, the Department will refer the case to the DCS to establish a child
support order unless one of the following applies:
(a) The Post Adoption Program determined not
to initiate a referral to DCS.
(b)
The parent is deceased.
(c) The
parent is receiving Supplemental Security Income (SSI) benefits.
(d) The parent is a Social Security
Disability or Retirement beneficiary.
(e) The parent is under the age of 18.
(f) The parent has a developmental
disability and is incapable of supporting the child or themselves.
(g) The parent has significant mental health
issues that prevent gainful employment.
(h) The parent is homeless and incapable of
supporting the child or themselves.
(i) The parent is receiving Temporary
Assistance for Needy Families (TANF) benefits.
(j) The parent is or will be incarcerated for
more than six months.
(k) The
parent is compliant with the reunification plan and the Department caseworker
believes enforcement of a support order would negatively impact the plan.
(l) The parent is actively
participating in a treatment program.
(m) There is a prior finding of "good cause"
as defined under OAR 461-120-0350, and after re-evaluation remains in effect.
(n) If reunification is no longer
the plan and the plan changes to relinquishment or termination of parental
rights.
(o) The parents would be
unable to comply with the permanency plan of reunification due to the financial
hardship caused by paying child support.
(p) The child is expected to be in paid
substitute care for only a short period of time.
(q) The noncustodial parent is a potential
resource.
(r) Other appropriate
circumstances determined by the Department.
(4) If a child enters paid substitute care
following adoption in Oregon or another state or country and is receiving an
adoption assistance payment:
(a) The
Department must review the payment and may discuss renegotiation with the
parent; and
(b) The Post Adoptions
Program Manager or designee has authority to determine whether the Department
would initiate a referral for child support. The following factors must be
considered:
(A) Reason the child entered
care;
(B) Amount of adoption
assistance payment;
(C) Parent
involvement in the permanency plan; and
(D) Any other considerations involving the
best interests of the child.
(5) A determination to not refer a parent to
DCS does not prohibit the Department from making a referral in a subsequent
episode of Department custody.
(6)
A determination to not refer a parent to DCS does not prohibit the Department
from re-evaluating intermittently during the same episode of care.
(7) The Department must inform a parent that
the parent may be required to pay child support.
(8) The Department must notify DCS when:
(a) The child or young adult exits paid
substitute care; or
(b) Parental
rights have been terminated or relinquished.
Stat. Auth.: ORS
412.024,
418.005
Stats. Implemented: ORS
109.010,
109.015,
180.320,
412.024,
418.005,
418.032