Current through Register Vol. 63, No. 12, December 1, 2024
(1) When identifying potential general
applicant adoptive resources for a child or sibling group, the caseworker may:
(a) After discussion with his or her
supervisor and on a case-by-case basis, consult with a birth parent to identify
one to three potential adoptive resources; and
(b) Provide a birth parent with
non-identifying information from the adoption home study of a potential
adoptive resource who is a general applicant not known to the parent or
child.
(2) When more than
one relative is interested in being an adoptive resource for a child or sibling
group, the Department must consult with the interested relatives to facilitate
agreement on the most appropriate potential adoptive resource.
(a) When agreement cannot be reached, the
Department considers relatives among both maternal and paternal family members
who have expressed an interest, and may choose up to three relatives for
adoption home studies.
(b) When an
adoption home study has been initiated and the potential adoptive resource is
not approved or withdraws, the Child Welfare Program Manager or designee
decides whether the Department will initiate adoption home studies with
additional relatives based upon:
(A) The best
interest of the child or sibling group; and
(B) The impact on timeliness to achieving
permanency.
(c) For an
Indian child alone or as part of a sibling group, the Department must identify
potential adoptive resources and initiate adoption home studies as necessary to
comply with the ICWA.
(3)
The child's caseworker must comply with the requirements of all of the
following subsections:
(a) Make reasonable
efforts to identify and place the child or sibling group with an adoptive
resource in a timely manner.
(b)
Request input about the knowledge, skills, abilities, and commitment a
potential adoptive resource needs to best meet the current and lifelong needs
of the child from:
(A) Professionals who have
worked closely with the child, when applicable; and
(B) The child's attorney, CASA, an authorized
representative from the Indian child's tribe, a RCWAC representative, and
substitute caregiver, when applicable.
(c) Receive and review adoption home studies
in a timely manner.
(d) Unless
section (4) of this rule applies, following consultation with his or her
supervisor, identify up to three potential adoptive resources following the
order of preference in OAR 413-120-0730 to be considered for adoption placement
selection who:
(A) Meet the standards of an
adoptive home in OAR 413-120-0246;
(B) Have the knowledge, skills, abilities,
and commitment to raise each child; and
(C) Have the capacity to meet the current and
lifelong safety, attachment, and well-being needs of the child or sibling group
under OAR 413-070-0640.
(4) Upon the recommendation of a caseworker
and supervisor, and when it is determined in the best interest of the child,
the Child Welfare Program Manager may submit a written request to the Child
Permanency Program Manager for an exception to subsection (d) of section (3) of
this rule to increase the number of potential adoptive resources to be
considered for adoption placement who are in the order of preference as
described in 413-120-0730(1)(c).
(5) In consultation with the supervisor, the
caseworker must determine the appropriate adoption selection process pursuant
to OAR 413-120-0020.
(6) The
caseworker must consult with the adoption worker for each of the identified
potential adoptive resources pursuant to OAR 413-120-0021(2).
(7) The caseworker must document the actions
taken under this rule in the Department's electronic information
system.
Statutory/Other Authority: ORS
109.309 & ORS
418.005
Statutes/Other Implemented: ORS
418.005,
ORS
109.309 & ORS
419B.192
