Current through Register Vol. 63, No. 12, December 1, 2024
(1) When adoption
assistance is not provided, a pre-adoptive family or adoptive family may enter
into an adoption assistance agreement only.
(2) The monthly adoption assistance payment:
(a) Is determined through discussion and
negotiation between the Department and the pre-adoptive family or adoptive
family.
(b) May not exceed the
current foster care base rate payment the child or young adult would be
eligible to receive in foster care under OAR 413-090-0010(1)(b) combined with,
if applicable, the level of care payment determined by the CANS screening
conducted under OAR 413-020-0230
(c) Is negotiated between the pre-adoptive
family or adoptive family and the Department, taking into consideration
relevant factors which include, but are not limited to:
(A) The ordinary and special needs of the
child or young adult;
(B) The
services and goods required to meet the needs of the child or young
adult;
(C) The cost of the services
and goods required to meet the needs of the child or young adult;
(D) The circumstances of the pre-adoptive
family or adoptive family and their ability to provide the required services
and goods for the child or young adult; and
(E) The resources available to the
pre-adoptive family or adoptive family such as medical coverage, private health
insurance, public education, other income sources and community
resources.
(F) An adoption
assistance payment may be reduced when other sources of income are received by
the pre-adoptive family or adoptive family or the child or young
adult.
(d) Is intended to
be combined with the resources of the pre-adoptive family or adoptive family to
provide for the needs of the child or young adult.
(3) When, during negotiation of the adoption
assistance payment, the Adoption Assistance and Guardianship Assistance
Coordinator and the pre-adoptive family or adoptive family are unable to reach
agreement, the Adoption Assistance and Guardianship Assistance Coordinator or
the family may request a review by the Adoption Assistance Review Committee.
When a review is requested:
(a) An Adoption
Assistance and Guardianship Assistance Coordinator must:
(A) Prepare documentation for the scheduled
Adoption Assistance Review Committee;
(B) Notify the pre-adoptive family or
adoptive family and the assigned caseworkers of the date of the committee;
and
(C) Attend and participate in
the Adoption Assistance Review Committee.
(b) The pre-adoptive family or adoptive
family may provide written documentation to the Adoption Assistance and
Guardianship Assistance Coordinator for the review and consideration by the
Adoption Assistance Review Committee.
(c) The adoption worker for the pre-adoptive
family or adoptive family and the caseworker for the child or young adult may
participate in an Adoption Assistance Review Committee meeting and may present
information and respond to questions. The workers may not participate in the
deliberations of the Adoption Assistance Review Committee.
(d) The Adoption Assistance Review Committee
members must:
(A) Consider written
documentation provided by the pre-adoptive family or adoptive family, the
adoption worker for the pre-adoptive family or adoptive family, the caseworker
for the child or young adult, and the Adoption Assistance and Guardianship
Assistance Coordinator.
(B) Review
materials submitted to the Adoption Assistance Review Committee, deliberate,
and make one or more recommendations regarding the adoption assistance
payment.
(e) At the
conclusion of the Adoption Assistance Review Committee, the Adoption Assistance
and Guardianship Assistance Coordinator must:
(A) Document the recommendations of the
Adoption Assistance Review Committee; and
(B) Submit the documentation to the Post
Adoption Services Program Manager or designee within one business day of the
Adoption Assistance Review Committee meeting.
(4) The Post Adoption Services Program
Manager or designee must complete each of the following actions:
(a) Attend the Adoption Assistance Review
Committee and ask any clarifying questions, but not participate in the
deliberation or recommendation of the Adoption Assistance Review
Committee.
(b) Review and consider:
(A) The materials submitted to the Adoption
Assistance Review Committee;
(B)
The recommendations of the committee; and
(C) The information presented by the
pre-adoptive family or adoptive family under subsection (4)(b) of this
rule.
(c) Make a decision
within 30 calendar days of receipt of the documentation under paragraph
(4)(e)(B) of this rule; and
(d)
Provide written notification to the pre-adoptive family or adoptive family and
the Adoption Assistance and Guardianship Assistance Coordinator within ten
business days of the decision.
(5) When a pre-adoptive family or adoptive
family is not satisfied with the final adoption assistance offer from the
Department the pre-adoptive family or adoptive family has the right to a
contested case hearing under OAR 413-010-0500 to 413-010-0535.
(6) An initial adoption assistance payment
begins on a date determined by the Department when all of the following
criteria are met:
(a) The child is legally
free for adoption;
(b) Unless the
child is in the custody of a pre-adoptive family eligible to apply for adoption
assistance under OAR 413-130-0040(5) or the Department has approved an adoptive
family to apply for adoption assistance under OAR 413-130-0130 -- the
Department, participating tribe, or licensed adoption agency has approved the
pre-adoptive family as the adoptive placement; and
(c) An adoption assistance agreement has been
signed by the pre-adoptive family or adoptive family and by the Department
representative.
(7) An
adoption assistance payment is issued at the end of each month of
eligibility.
(8) An adoption
assistance payment made to a pre-adoptive family or an adoptive family by the
Department is inalienable, not assignable or transferable, exempt from
execution, levy, attachment, garnishment, and any other legal process under the
laws of Oregon.
(9) The adoptive
family may apply to be the designated payee for any benefit the child or young
adult receives if the benefit program allows such application.
Statutory/Other Authority: ORS
418.005 & ORS
418.340
Statutes/Other Implemented: ORS
418.005,
ORS
418.340, ORS
418.330 & ORS
418.335