Current through Register Vol. 63, No. 9, September 1, 2024
(1) Department will
provide information on an ongoing basis to birth and adoptive families,
Department staff, and other interested persons in the child's life: Information
regarding the value and benefits of cooperative adoption planning; the use of
mediation as a tool to achieve a cooperative adoption; and, the roles of all
mediation participants in the cooperative adoption process. This concurrent
planning education will take place early and often throughout the case. (See
Flow Chart Box 1 & 2)
(2) The
birth parents, identified adoptive parents, CASA, child, attorneys of record,
Citizen Review Boards and other persons interested in the child's need for
permanency, safety and well-being may request that the case be referred for
cooperative adoption mediation services. (See Flow Chart Box 3.)
(3) The Department will obtain input from
interested persons, prior to or during the cooperative adoption planning
process, regarding the appropriateness of cooperative adoption planning to
address the child's permanency, safety and well-being. (See Flow Chart Box 4.)
(4) On an ongoing basis,
Department staff will explore the willingness of the birth and adoptive parents
to engage in the cooperative adoption planning process through mediation. (See
Flow Chart Box 5.)
(5) A Mediation
Referral Form must not be submitted until a committee has selected the adoptive
parents for a child, either at the preliminary current caretaker or adoption
committee, and until the case has been staffed and approved for mediation by a
LAS. See OAR 413-120-0010 to 413-120-0060.
(6) To support the development of a
cooperative adoption planning process through mediation, the Department has the
following responsibilities:
(a) After a Legal
Assistance Referral has been approved, the caseworker must consult with the LAS
and the assigned legal assistance attorney. Consultation must address whether
the birth parents present a continuing threat to their child or adoptive
parents, and whether a plan for openness in adoption will meet the needs of the
child;
(b) If parents want to plan
cooperatively and there is no approval for a legal assistance referral an
exception can be made to allow for a referral for mediation using the criteria
provided in OAR 413-120-0628.
(c)
The child's caseworker must obtain from the birth parent(s) and from the
adoptive parents, if no adoption worker is assigned, a signed DHS 2098
Authorization for Use and Disclosure of Non-Health Information and DHS 2099
Authorization for Use and Disclosure of Health Information to the mediator;
(d) To request mediation services
funded through the Legal Assistance program, the child's caseworker, or in some
cases, the adoptive parents' worker must make referrals for cooperative
adoption mediation on the CF 0437 Mediation Referral Form. The child's
caseworker, in consultation with the adoptive parents worker, if assigned, must
list on the Mediation Referral Form, benefits specific to the individual case
and safety concerns that, if an agreement is reached, must be met in a written
PACA. The form should be prepared with the understanding that the birth parents
and adoptive parents will be receiving a copy of the form.
(e) The child's caseworker, and in some
cases, the adoptive parents' worker, must provide to the mediator, on the CF
437b Contact Information Form, information of the mediation participants, and
other collateral resources when applicable.
(7) In order to allow for informed
decision-making by the adoptive parents in the cooperative adoption mediation
process, the adoption worker must:
(a)
Provide the adoptive parents with the case materials itemized on the Form CF
963;
(b) Review with the adoptive
parents the statement of benefits to the child for cooperative adoption
planning listed on the Cooperative Adoption Mediation Referral Form CF 0437;
(c) Obtain from the adoptive
parents a signed Authorization of Use and Disclosure of Non-Health Information
Form DHS 2098 and a signed Authorization for Use and Disclosure of Health
Information Form DHS 2099 authorizing release of information to the mediator;
(d) Be responsible to contact the
mediator if the adoption worker is assigned after the cooperative adoption
mediation process has already begun.
(8) The Cooperative Adoption Mediation
Referral form must be forwarded to the central office LAS assigned to the local
Department office for approval of funds disbursement. If funds are approved,
Central office staff must notify the mediator that funds have been approved and
that the mediation service may begin. (See Flow Chart Box 6.)
(9) A child welfare mediator contracted to
provide cooperative adoption mediation must have the following
responsibilities:
(a) The mediator must keep
confidential all mediation communications. (ORS
36.220-25.238);
(b) The mediator must accept referrals from
the Department on the Cooperative Mediation Referral Form CF 0437;
(c) Within two weeks of receiving the CF
0437, the mediator must contact the child's worker and the adoption worker of
the selected adoptive family for additional information on the case and further
discussion of the Department's safety concerns, if needed (See Flow Chart Box
7.);
(d) After contacting the
child's worker and the adoption worker, but within the two week of receiving
the CF 0437, the mediator must contact the birth parent(s) and adoptive
parent(s) to begin mediation services,
(e) The beginning of the mediation process,
the mediator must inform the mediation participants about the mediation
process, explain their role and responsibilities during the process, provide
them with a copy of ORS
109.305, review the mediation
referral form with the mediation participants and provide them with a copy, and
if the mediation participants choose to continue in mediation, obtain their
signature on the Agreement to Mediate Form (See Flow Chart 8a.);
(f) The mediator must make collateral contact
with professionals involved in the case including, but not limited to,
children's attorney, CASA, and birth and adoptive parent(s)' attorneys. If
requested, the mediator must also keep informed, the Assistant Attorney General
or Deputy District Attorney assigned to the case;
(g) If the mediation participants reach
agreement and the mediation participants desire it, the mediator must draft a
PACA. The PACA must address the mediation participant's issues and the
documented safety concerns as set forth in the Mediation Referral Form (See
Flow Chart 9.);
(h) The mediator
must provide the draft PACA to the mediation participants and must encourage
the mediation participants to review the draft with legal counsel;
(i) Once the mediation participants have
approved the draft, the mediator must provide the child's worker with the
proposed PACA for the review and concurrence that it meets the safety needs of
the child.
(10) The
Department has the following additional responsibilities:
(a) The child's caseworker must review the
draft PACA solely for the purpose of assessing whether it will meet the safety
needs of the child, as set forth in the Mediation Referral Form (See Flow Chart
Box 9.);
(b) If the child's
caseworker concludes that the PACA meets the safety needs of the child, the
child's caseworker or other agency representative must sign the final PACA.
(Flow Chart Box 11(b).)
(c) If the
child's caseworker concludes that the PACA may not meet the safety needs of the
child, the child's caseworker must notify the LAS. The LAS must inform the
mediation participants in the form of written communication sent to the
mediator ("LAS Notice"). The LAS Notice must state the continued safety
concerns for the child. (See Flow Chart Box 11(a).)
(11) A contracted mediator has the following
additional responsibilities:
(a) If the
mediator is informed through a LAS Notice (see Flow Chart, Box 11) that the
PACA does not meet the safety needs of the child, the mediator must set another
mediation session with the mediation participants, and an agency
representative, if requested by the mediation participants. The mediator may
consult with the child's caseworker for clarification about the LAS Notice
before setting the additional mediation session.
(b) If the additional mediation session
results in a revised draft PACA, the mediator will repeat the processes
outlined in (9)(g) through 10(c) in this rule.
(c) After the Department determines that the
revised draft PACA meets the safety needs of the child, the mediator must
arrange for the mediation participants and an agency representative to sign the
agreement (See Flow Chart 11(b));
(d) If no agreement can be reached, the
mediator must send a letter summarizing the situation to Central Office with
the final invoice.
Forms and Flow Charts referenced are available from the
agency.
Stat. Auth.: ORS
418.005
Stats. Implemented: ORS
109.305
