Current through Register Vol. 63, No. 3, March 1, 2024
(1) The caseworker must assess the extent to
which the ongoing needs of the child or young adult for safety, attachment,
permanency, and well-being:
(a) Are currently
met in substitute care at each 90 day case plan review; and
(b) Will be met with a potential adoptive
resource or potential guardian during the permanency planning
process.
(2) Physical
and emotional safety. To determine the extent to which the placement, potential
adoptive resource, or potential guardian meets the needs for physical and
emotional safety of the child or young adult, the caseworker must determine
whether the following conditions exist in the home.
(a) The substitute caregiver, potential
adoptive resource, or potential guardian has the skill level or willingness to
acquire the skills necessary to meet the physical, emotional, and supervisory
needs for the child or young adult;
(b) The substitute caregiver, potential
adoptive resource, or potential guardian has the skill level to care for this
child or young adult given the age, number, and gender of all other children or
young adults in the home;
(c) The
behavioral characteristics of children or young adults currently in the
placement are such that the substitute caregiver, potential adoptive resource,
or potential guardian can protect the child or young adult from further
victimization and from harming self or others;
(d) The substitute caregiver, potential
adoptive resource, or potential guardian has the ability to protect the child
or young adult from inappropriate contact with those who may harm the child or
young adult; and
(e) The physical
layout of the home permits the substitute caregiver, potential adoptive
resource, or potential guardian to safely supervise the children or young
adults in the home.
(3)
Attachment to family, siblings and caregivers known to the
child or young adult and others with whom the
child or young adult has developed an
emotional attachment. To determine the extent to which the placement, potential
adoptive resource, or potential guardian
meets the need of the child or young adult to
promote and preserve attachment to his or her family, the caseworker must
consider whether:
(a) The family of the child
or young adult has expressed a preference in placement;
(b) The child or young adult has requested a
particular placement;
(c) The
relative caregiver, resource parent, provider, potential adoptive resource, or
potential guardian demonstrates the ability:
(A) To promote and support the attachment of
the child or young adult through visitation and other types of current and
long-term contact with the family of the child or young adult;
(B) To accommodate the placement of the
siblings of the child or young adult together in the home;
(C) To accommodate current and long-term
contact between the child or young adult and his or her siblings when the child
or young adult is not placed with his or her siblings and current and long-term
contact is in the best interests of the child or young adult; and
(D) To provide mutual care when both the
child and parent require placement. As used in this rule, "mutual care" means
the out-of-home placement of a parent and child together where one or both are
in the legal custody of the Department.
(E) To maintain safe, long-term contact
between caregivers known to the child or young adult and others with whom the
child or young adult have developed an emotional attachment.
(4) Continuity and
familiarity. To determine the extent that the placement, potential adoptive
resource, or potential guardian meets the need of the child or young adult for
continuity and familiarity, the caseworker must consider:
(a) The extent of the pre-existing
relationship of the child or young adult with the relative caregiver, foster
parent, provider, potential adoptive resource, or potential guardian;
(b) The proximity of the placement to the
neighborhood, school, or educational placement of the child or young adult, and
parent or guardian; and
(c) Whether
the relative caregiver, foster parent, provider, potential adoptive resource,
or potential guardian can provide a permanent home or facilitate transition to
a permanent home for the child or young adult.
(5) To determine the extent that a particular
placement, potential adoptive resource, or potential guardian meets the need of
the child or young adult for appropriate educational, developmental, emotional,
and physical support, the caseworker must consider:
(a) Whether the relative caregiver, foster
parent, provider, potential adoptive resource, or potential guardian
demonstrates competency in meeting the specific and unique needs of the child
or young adult or is acquiring the skills necessary to meet specific and unique
needs of the child or young adult;
(b) Whether the ability of the relative
caregiver, foster parent, provider, potential adoptive resource, or potential
guardian to meet the specific and unique needs of the child or young adult is
influenced by the number and type of children in the home; and
(c) Whether the relative caregiver, foster
parent, provider, potential adoptive resource, or potential guardian is willing
and able to assist with, participate in, and act as an advocate for the child
or young adult in his or her education and treatment plan.
(6) Permanent family relationships. To
determine the extent that a potential adoptive resource or potential guardian
meets the need of the child or young adult for a current and lifelong family
relationship, the caseworker must consider:
(a) Whether the potential adoptive resource
or potential guardian can permanently integrate the child into the family
during childhood.
(b) Whether
potential adoptive resource or potential guardian will be accessible and
supportive to the child in adulthood.
(7) Stability. To determine the extent to
which the placement, potential adoptive resource, or potential guardian meets
the need of the child or young adult for stability, the caseworker must
consider:
(a) Whether the relative caregiver,
foster parent, provider, potential adoptive resource, or potential guardian has
expressed a desire to provide permanency for a particular child or young
adult;
(b) Whether the ability of
the relative caregiver, foster parent, provider, potential adoptive resource,
or potential guardian to provide support and to nurture the child or young
adult is influenced by the number of children or young adults in the home;
and
(c) Whether the capacity of the
relative caregiver, foster parent, provider, potential adoptive resource, or
potential guardian to recognize the needs of the child or young adult, and
build on the strengths of the child or young adult, is sufficient to meet the
long-term or lifelong placement needs of the child or young adult.
(8) Identity, development,
cultural, religious, and spiritual background and connections. To determine
whether the placement, potential adoptive resource, or potential guardian can
support the identity, development, and cultural and religious or spiritual
background and connections of the child or young adult, the caseworker must
consider:
(a) Whether the relative caregiver,
foster parent, provider, potential adoptive resource, or potential guardian has
the ability to appreciate, nurture, support, and reinforce the identity,
development, cultural, religious and spiritual background and connections of
the child or young adult;
(b)
Whether the relative caregiver, foster parent, provider, potential adoptive
resource, or potential guardian has the ability to support the development of
the child or young adult, and help the child or young adult with problems that
the child or young adult may encounter;
(c) Whether the relative caregiver, foster
parent, provider, potential adoptive resource, or potential guardian has the
ability to communicate effectively with the child or young adult; and
(d) Whether the child or young adult has
adjusted to the placement or is able to adjust to a guardian's home or an
adoptive home.
(9) After
making the determinations in sections (2) to (8) of this rule, the caseworker
must document the extent to which the need of the child or young adult for
safety, permanency, and well-being are or can be met:
(a) In the documentation of the 90-day case
plan review when the child is in substitute care; or
(b) In the documentation of the selection of
a guardian or adoptive resource.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
418.005 & ORS
419B.192
