Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 40 - CASE MANAGEMENT - SERVICE PLANS
Section 413-040-0010 - Requirements for the Case Plan
Universal Citation: OR Admin Rules 413-040-0010
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The caseworker must analyze the information gathered during the protective capacity assessment to develop a case plan. The case plan must include all of the following information:
(a) Family
composition, which includes the information identifying each child, each young
adult, and each parent or guardian.
(b) Original impending danger safety threats
identified in the CPS assessment as described in OAR 413-015-0425.
(c) The ongoing safety plan including any
additional impending danger safety threats identified since the CPS assessment,
as described in OAR 413-015-0450 and recorded in the Department's information
system.
(d) The findings of the
protective capacity assessment.
(e)
Expected outcomes and actions that each parent or guardian is taking to achieve
them.
(f) Services (if applicable)
to the child or young adult that include:
(A)
The identified needs of and services provided to any child or young adult
placed in substitute care, including the results of the CANS screening, the
personal care services provided to an eligible child or young adult under OAR
413-090-0100 to 413-090-0210, and other current assessments or evaluations of
the child or young adult, and the reasons the substitute care placement is the
least restrictive placement to meet the child or young adult's identified
needs;
(B) The health information
of the child or young adult, which documents the child's routine and
specialized medical, dental, and mental health services;
(C) The education services of the child or
young adult, the school or educational placement history of the child or young
adult, high school credits earned for a child over 14 years of age or a young
adult, and any special educational needs; and
(D) Services to transition the child or young
adult to successful adulthood in all cases when the child is 14 years of age or
older.
(g) Services the
Department will provide including:
(A) Case
oversight and routine contact with the parents or guardians and the child or
young adult;
(B) Appropriate and
timely referrals to services and service providers suitable to address
identified impending danger safety threats or strengthen parental protective
capacity;
(C) Appropriate and
timely referrals to services and service providers suitable to address the
needs of the child or young adult as identified through the CANS screening and
other current assessments or evaluations of the child or young adult;
and
(D) Timely preparation of
reports to the court or other service providers.
(h) The date that the progress of the parents
or guardians in achieving expected outcomes will be reviewed. The case plan
must be reviewed with the parents or guardians every 90 days; however, the
caseworker and parents or guardians may agree on a review date at any time
within the 90-day period.
(i) When
the child or young adult is in substitute care, the case plan must also
include:
(A) Current placement information
including:
(i) The location of the child or
young adult and the substitute caregiver of the child or young adult, except
when doing so would jeopardize the safety of the child, young adult, or the
substitute caregiver, or the substitute caregiver will not authorize release of
the address; and
(ii) Documentation
that shows that the child or young adult is receiving safe and appropriate care
in the least restrictive environment able to provide safety and well-being for
the child or young adult.
(B) The child or young adult's record of
visits with his or her parents and siblings.
(C) The permanency plan.
(D) The conditions for return.
(E) The concurrent permanent plan and the
progress the Department has made in implementing the concurrent permanent
plan.
(j) The case plan
for any child or young adult in foster care who has attained 14 years of age
must include:
(A) A document that describes:
(i) The rights of the child or young adult
with respect to education, health, visitation, and court
participation;
(ii) The right to be
provided with a copy of the young adult's birth certificate, social security
card, health insurance information, medical records, and a driver's license or
equivalent state-issued identification card when the child leaves foster care
having attained age 18 or greater; and
(iii) The right to stay safe and avoid
exploitation.
(B) A
signed acknowledgment by the child or young adult that the child or young adult
has been provided with a copy of the document and that the rights contained in
the document have been explained to the child in an age-appropriate
way.
(k) If the
child or young
adult is
placed in a qualified residential treatment program
(QRTP), the case plan must include
documentation of the following:
(A) In
accordance with the best interests of the child or
young adult, the reasonable and good faith efforts of the
Department to identify and include all of the individuals
required to be on the family and permanency team of the child
or young adult, including:
(i) Appropriate biological family members,
relatives and fictive kin of the child or
young adult;
(ii)
Appropriate professionals who are a resource to the family of the
child or young adult, including teachers,
medical or mental health providers who have treated the child
or young adult, or clergy; and,
(iii) If the child or
young adult has attained the age of 14 years, individuals
selected by the child or young adult, as
described in OAR 413-040-0010 (3)(c).
(B) Contact information for members of the
family and permanency team of the child or young
adult as described in (1) (k) (A) (i) to (iii) of this rule, as well
as contact information for the other family members and fictive
kin of the child or young adult who
are not part of the family and permanency team;
(C) Evidence that meetings of the family and
permanency team, including meetings related to the QRTP
assessment, are held at a time and place convenient for the family of
the child or young adult;
(D) If reunification is the
permanency plan, evidence demonstrating that the parent from
whom the child or young adult was removed
provided input regarding who should be members of the family and permanency
team;
(E) Evidence that the
QRTP assessment is determined in conjunction with the family
and permanency team;
(F) The
placement preferences of the family and permanency team, including the team's
placement preferences regarding the placement of the child or
young adult together with siblings unless there is a finding
by the court that such placement is contrary to their best interests.
(G) If the setting recommended by the
qualified individual conducting the QRTP
assessment is different than the placement preferences of the family
and permanency team and of the child or young
adult, the reasons why the preferences of the team and of the
child or young adult were not
recommended.
(H) The written
recommendations by the qualified individual regarding the
appropriateness of the QRTP placement and the court approval
or disapproval of the QRTP placement.
(2) As applicable, the caseworker must also include in the case plan:
(a) The
goals and activities required for an Indian child under OAR 413-115-0030 to
413-115-0130 or for a refugee child under OAR 413-070-0300 to
413-070-0380.
(b) Recommendations
of expert evaluations requested by the Department whenever the recommendations
may impact parental protective capacities or treatment services for the child
or young adult. If the recommendations are not included in the case plan, the
rationale must be documented in the Department's information system.
(c) Diligent efforts to place the child or
young adult with relatives and with siblings who are also in substitute care,
sibling connections, and the Department's efforts to keep siblings
together.
(d) Orders of the
court.
(3) The persons involved with the Department in the development of the case plan include:
(a) The parents or guardians, unless their
participation threatens or places other participants at risk;
(b) The child who has obtained 14 years of
age or the young adult; and
(c) At
the option of the child or young adult, up to two members of the case planning
team chosen by the child or young adult who are not:
(A) A foster parent;
(B) A caseworker for the child or young
adult; or
(C) An individual the
Department has good cause to believe would not act in the best interests of the
child or young adult.
(d) One of the individuals in subsection (c)
of this section may be designated to be the advisor of the child or young
adult, and as needed, advocate for the child or young adult with respect to the
application of the reasonable and prudent parent standard to the child or young
adult.
(4) Additional persons involved with the Department in the development of the case plan may include the child regardless of age or young adult, adoptive parents, an Indian custodian when applicable, other relatives, persons with significant attachments to the child or young adult, the substitute caregiver, and other professionals when appropriate.
(5) The case plan must include the signature of the caseworker and each parent or guardian, unless subsections (7)(a) or (7)(b) of this rule apply.
(6) Approval and distribution of the case plan.
(a) The Child Welfare supervisor must
approve and sign the case plan.
(b)
The caseworker must give a copy of the case plan to the parents or guardians of
the child or young adult, and the Indian child's tribe when applicable, as soon
as possible but no later than seven working days after the case plan is
approved by the supervisor, except when doing so would provide information that
places another person at risk.
(7) Exceptions and exemptions to the required case plan.
(a) A court may authorize an
exception to the involvement of the parents or guardians when it determines
that reasonable efforts to return the child home are not required, as described
in OAR 413-070-0515.
(b) When the
Department has custody of a child or young adult in substitute care and is
unable to obtain the signature of a parent or guardian, the caseworker must
prepare and send a letter of expectations and a copy of the case plan to the
parent or guardian within seven working days after the supervisor has approved
and signed the case plan. A letter of expectations means an individualized
written statement for the family of the child or young adult that identifies
family behaviors, conditions, or circumstances that resulted in an unsafe
child; the expected outcomes; and what the Department expects each parent or
guardian will do to achieve safety, permanency, and well-being of the child or
young adult in the parental home.
(c) A case plan as described in sections (1)
to (5) of this rule is not required if a family, child, or young adult is
eligible for Family Support Services as described in OAR 413-030-0000 to
413-030-0030.
(8) Timeline for case plan development. The caseworker must develop the case plan within 60 days of a child's removal from home or within 60 days of the completion of the CPS assessment, in cases where the child remains in the home of a parent or guardian.
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005 & ORS 409.010
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.
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