Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 40 - CASE MANAGEMENT - SERVICE PLANS
Section 413-040-0130 - Administrative Reviews for Title IV and ORS 419A.090 et seq
Universal Citation: OR Admin Rules 413-040-0130
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Administrative reviews will be held on:
(a) All children in the legal or physical
custody of the Department and placed in paid or unpaid substitute care,
including court sanctioned permanent foster care, a non-finalized adoptive
placement; subsidized independent living; or returned to a parental home on the
basis of a trial home visit;
(b)
All children placed in substitute care with a Voluntary Custody Agreement or
Child Placement Agreement.
(2) Exceptions to the administrative review requirements are:
(a) Children placed
directly from the hospital into a nursing home without a prior substitute care
placement;
(b) Children
hospitalized on a long-term acute basis; or
(c) Youth in detention.
(3) An administrative review shall be held within six months following the first day of placement in care and every six months thereafter from the date of the last review. The administrative review requirement may be met by:
(a) A local CRB
review conducted in accordance with OR
419A.090 through
419A.128;
(b) A Permanency Hearing or other court
hearing meeting the definition of a complete judicial review, held no earlier
than five months after placement when the court relieves the CRB of its
responsibility to review the case pursuant to ORS
419A.106(1)(b);
or
(c) An Internal Review
Committee. In exceptional and rare circumstances, in the absence of a review by
a local CRB or court, an internal review committee may be convened to conduct
an internal administrative review. An internal review will not relieve the
Department of the requirements for CRB reviews in those counties where the
local CRB boards operate, therefore, a review must be scheduled with the CRB or
court within 30 days of the internal review. At least one member of the
internal review committee must not be involved with day-to-day planning on the
case. After concluding the internal review, the committee must complete and
distribute a findings document to the participants and the CRB (contents should
be similar to the findings issued by the CRB).
Stat. Auth.: ORS 418.005
Stats. Implemented: Title IV; ORS 419A.090-122; 419B.440-476; 419C.623-656
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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