Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Department must complete a CANS
screening referral for a child or young adult in its legal custody:
(a) Within the first 21 days of a child's
initial placement in substitute care with a certified family;
(b) When the child or young adult has
continuously lived with a certified family, ten months from the date of the
most recent CANS screening and annually thereafter, unless section (2) of this
rule applies. Effective November 17, 2017, all children entering foster care
and in the Department's legal custody, regardless of level of care, must be
referred as described in this subsection; or
(c) Unless section (2) of this rule applies,
five business days after a child or young adult, whose initial placement in
substitute care was a BRS placement, moves to the home of a certified
family.
(2) The
caseworker of the child or young adult must consult with the Adoption
Assistance and Guardianship Assistance Unit prior to submitting a CANS
screening referral when a child's permanency plan is adoption or guardianship
and the caseworker has submitted an adoption assistance application or a
guardianship assistance application.
(3) The caseworker of the child or young
adult may, after consultation with and approval by a supervisor, complete and
submit to the Level of Care Manager or designee, a CANS screening referral when
a child or young adult returns to a placement with a certified family after a
BRS placement of six months or longer, unless section (2) of this rule
applies.
(4) If the caseworker of
the child or young adult determines that a CANS rescreen is necessary, the
caseworker may, after consultation with and approval by a supervisor, complete
and submit to the Level of Care Manager or designee, a CANS rescreen
referral.
(5) An adoption
assistance coordinator or guardianship assistance coordinator may complete and
submit a CANS screening referral to the Level of Care Manager or designee under
the following circumstances:
(a) Written
documentation of the current behavior and functioning of the child or young
adult has been submitted to the adoption assistance or guardianship assistance
coordinator by one of the following individuals:
(A) An adoptive family of the child or young
adult, regardless of whether there has been a previous CANS
screening;
(B) A child's
pre-adoptive family when the child is not in the legal custody of the
Department;
(C) A guardian of the
child or young adult, regardless of whether there has been a previous CANS
screening; or
(D) A potential
guardian of the child or young adult who has been approved by a participating
tribe.
(b) The written
documentation submitted under subsection (a) of this section demonstrates
ongoing behaviors and functioning which have not improved with recommended
behavioral interventions, counseling or other professional services and one of
the following apply:
(A) A CANS screening has
never been completed;
(B) A CANS
screening has not been completed within the past twelve months; or
(C) The child or young adult exhibits a
significant, ongoing change in behavior or functioning since the CANS screening
that was completed within the last 12-month period; and
(c) The adoptive family or guardian has
requested a renegotiation of the adoption assistance or guardianship assistance
payment.
(6) The Level of
Care Manager, or designee, within five business days of receipt of a CANS
screening referral submitted under section (3) or (4) of this rule:
(a) May approve a CANS screening after
reviewing the referral, if the child or young adult's behavior and functioning,
as described in the referral, indicate a CANS screening is needed to assess the
need for enhanced supervision and a level of care payment;
(b) Must notify the individual who submitted
the CANS screening referral whether a CANS screening has been approved and the
basis for the decision; and
(c) If
the referral is approved, must send the approved CANS screening referral to a
CANS screener.
(7) A CANS
screener, upon receipt of the CANS screening referral submitted under section
(1), (2) or (3) of this rule must:
(a) Review
the referral information;
(b)
Contact the caseworker, when the child is in substitute care, to gather
information about the child or young adult's strengths and needs;
(c) Contact the certified family,
pre-adoptive family, adoptive family, potential guardian identified by a
participating tribe, or guardian of the child or young adult and gather
information about the child or young adult's strengths and needs;
(d) Contact the child or young adult and
other individuals who provide services to the child or young adult as
appropriate and gather sufficient information to understand the child or young
adult's strengths and needs to complete the CANS screening; and
(e) When a child or young adult has current
suicidal ideation or intent:
(A) Notify the
child or young adult's caseworker or adoption or guardianship assistance
coordinator and, if applicable, notify the pre-adoptive family, adoptive
family, potential guardian, or guardian; and
(B) Immediately develop a supervision plan
with the certified family when the child or young adult is in substitute care
with a certified family.
(8) After the CANS screener has gathered
information regarding the child or young adult's strengths and needs, as
described in subsections (6)(a)-(d), the CANS screener rates each element of a
child or young adult's behavior and functioning on a scale of zero to three, in
a manner consistent with the principles of the Child and Adolescent Needs and
Strengths Comprehensive Screening Tool appropriate for the child or young
adult's age. The CANS screener documents the appropriate rating for each
element and provides written explanation for any rating of either two or three
on an element that is a need and any rating of zero or one on an element that
is a strength.
(a) When the child is five
years old or younger, the CANS screener rates the child using the DHS 9601 -
Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages
Birth through Five, dated November 2017, which by reference is incorporated in
OAR 413-090-0010(2)(f)(A).
(b) When
the child or young adult is six years old or older, the CANS screener rates the
child or young adult using the DHS 9602 - Child and Adolescent Needs and
Strengths Comprehensive Screening Tool ages Six through Twenty dated November
2017, which by reference is incorporated in OAR
413-090-0010(2)(f)(B).
(c) The
Department maintains these documents on the Department's website. Printed
copies of these documents may be obtained by contacting the Department of Human
Services, Child Welfare, ATTN: Level of Care Manager, 500 Summer Street NE,
E-93, Salem, OR 97301.
(9) The CANS screener must complete the
activities in sections (6) and (7) and submit the CANS screening results to the
Level of Care Manager or designee within 15 business days following the receipt
of the referral.
(10) Within 10
business days of the receipt of the CANS screening results, the Level of Care
Manager or designee:
(a) Reviews the CANS
screening results;
(b) Contacts the
CANS screener when results appear inconsistent with the referral information or
documentation of a child or young adult's strengths and needs and may instruct
the CANS screener to:
(A) Gather additional
information;
(B) Reapply the CANS
ratings; and
(C) Resubmit the CANS
screening results.
(c)
Approves the CANS screening results unless subsection (b) applies;
and
(d) Applies the CANS algorithm
which by reference is incorporated in OAR 413-090-0010(2)(f)(C) to the approved
CANS screening results to determine whether:
(A) The child or young adult living with a
certified family is eligible for a level of care payment and requires enhanced
supervision; or
(B) The child or
young adult eligible for adoption assistance or guardianship assistance
qualifies for a level of care payment for the purpose of negotiating or
renegotiating an adoption assistance or guardianship assistance
payment.
(11)
The Level of Care Manager or designee may approve a revision of the ratings of
an approved CANS screening when new or different information relevant to the
correct application of the CANS screening has been presented:
(a) In preparation for a contested case
hearing requested under OAR 413-010-0500(2)(a)-(c):
(b) During an informal conference under OAR
413-010-0520; or
(c) During the
renegotiation of an adoption assistance agreement under OAR 413-130-0075 or a
guardianship assistance agreement under OAR 413-070-0969.
(12) The Level of Care Manager or designee
sends the CANS screening results to the following individuals:
(a) The child or young adult's caseworker and
the certified family, with whom the child or young adult is living, on behalf
of the child or young adult; or
(b)
The adoption assistance and guardianship assistance coordinator and child or
young adult's pre-adoptive family, adoptive family, guardian or the potential
guardian identified by a participating tribe.
(13) When the caseworker receives a child or
young adult's CANS screening results, the caseworker must:
(a) Contact the certified family to review
the CANS screening results;
(b)
When the CANS screening results indicated the child or young adult currently
has suicidal ideation or intent, review the supervision plan developed during
the CANS screening no later than one business day after the receipt of the CANS
screening results to determine whether the plan continues to be
appropriate;
(c) Incorporate the
needs and strengths identified in the CANS screening into the case plan;
and
(d) Determine whether a
supervision plan must be developed, modified, or terminated under OAR
413-020-0233 and 413-020-0236.
Statutory/Other Authority: ORS
418.340 & ORS
418.005
Statutes/Other Implemented: ORS
418.340, ORS
418.005,
ORS
418.330
& ORS
418.335
