Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 120 - ADOPTION
Section 413-120-0060 - Review of the Adoption Placement Selection
Universal Citation: OR Admin Rules 413-120-0060
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A review may not be requested of an adoption placement selection when each potential adoptive resource was a general applicant.
(2) Except as provided in section (1) of this rule:
(a) Each
of the following individuals may request a review of the process and the
adoption placement selection under OAR 413-120-0021(10) or 413-120-0057(1):
(A) The child.
(B) The child's attorney.
(C) The CASA.
(D) An authorized representative from the
child's tribe, if the child is an Indian child.
(E) A member of the RCWAC.
(F) The child's caseworker, with the approval
of the caseworker's supervisor and the Child Welfare Program Manager or
designee.
(G) A relative or current
caretaker who was considered as the adoptive resource but was not
selected.
(b) A request
for review of the process and decision made in the adoption placement selection
must be in writing and received by the Child Permanency Program Manager or
designee within seven calendar days of the notification of the adoption
placement selection under OAR 413-120-0021(12)-(13) or
413-120-0057(2)(b).
(c) When a
request for review has been received, the Child Permanency Program Manager,
Assistant Child Permanency Program Manager, or designee must notify the
Director of Child Welfare or designee and must send written notice of the
request to the following individuals:
(A) Each
of the potential adoptive resources considered by the caseworker or adoption
committee and ADS;
(B) The child's
caseworker;
(C) The adoption worker
for each of the potential adoptive resources considered;
(D) The supervisors of the workers;
(E) The child's attorney;
(F) The child's CASA;
(G) An authorized representative from the
child's tribe, if the child is an Indian child;
(H) A member of the RCWAC, if the child is a
refugee child; and
(I) The local
Child Welfare Program Manager.
(d) The Director of Child Welfare or designee
must decide whether to grant a review of the adoption placement selection
within 14 calendar days after the notice of the adoption placement selection
under OAR 413-120-0021(12)-(13) or 413-120-0057(2)(b). Written notice of the
decision whether or not to conduct a review must be sent to the individuals
listed in subsection (c) of this section and to the Child Permanency Program
Manager. This written notice is not required to be provided within the 14
calendar day timeline for the decision whether to grant a review.
(e) The Director of Child Welfare or designee
may, on his or her initiative and without a request for a review, give notice
of intent to review the adoption placement selection when the decision to
review is made within seven calendar days following the date of the notice of
the adoption placement selection in OAR 413-120-0021(12)-(13) or
413-120-0057(2)(b).
(f) The
Director of Child Welfare or designee may conduct the review by any of the
following methods:
(A) Personally conduct a
review of information considered in making the adoption placement selection and
may consider additional, relevant information about the child or potential
adoptive resource.
(B) Refer the
adoption placement selection to a review committee appointed by and at the
discretion of the Director of Child Welfare or designee to:
(i) Review the information considered in
making the original adoption placement selection;
(ii) Consider additional relevant information
about the child or potential adoptive resources; and
(iii) Issue a recommendation that the
Director of Child Welfare or designee affirm or modify the original adoption
placement selection of the caseworker or the ADS or recommend a different
adoption placement selection.
(C) Appoint another individual to:
(i) Review the information considered in
making the original adoption placement selection;
(ii) Consider additional relevant information
about the child or potential adoptive resources; and
(iii) Issue a recommendation that the
Director of Child Welfare or designee affirm or modify the original adoption
placement selection of the caseworker or the ADS, or recommend a different
adoption placement selection.
(g) The Director of Child Welfare or designee
must provide written notification of the decision affirming or changing the
original adoption placement selection to the individuals identified in
subsection (2)(c) of this rule and the Adoption Program Manager.
(3) Notwithstanding sections (1) and (2) of this rule, the Director of Child Welfare may reconsider a decision and require the actions in subsection (2)(f) of this rule to occur when the following conditions exist:
(a) The time to
request review of an adoption placement selection under subsection (2)(b) of
this rule has expired;
(b) There is
no request for review pending; and
(c) The deadline set by statute for a person
entitled to seek judicial review of an adoption placement selection entered
under this rule has not expired.
(4) The adoption placement selection made by the Director of Child Welfare or designee under this rule is final.
Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 418.280 & ORS 418.285
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
