Current through Register Vol. 63, No. 3, March 1, 2024
(1) When
a guardianship assistance payment or medical assistance is not
being provided, a potential guardian, guardian or
successor legal
guardian may enter into a
guardianship assistance agreement
only.
(2) The
monthly guardianship assistance payment:
(a) Is determined through discussion and
negotiation between the Department and the potential guardian,
guardian or successor legal
guardian.
(b) May
not exceed the current foster care base rate payment the
child or young adult would be eligible to
receive in foster care as determined 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
potential guardian, guardian or successor legal guardian of a
child or
young adult 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 potential guardian, guardian or
successor legal
guardian and their ability to
provide the required services and goods for the child or
young adult.
(E)
The resources available to the potential guardian, guardian or
successor legal guardian such as medical coverage, private
health insurance, public education, other income sources, and community
resources.
(F) A
guardianship assistance payment may be reduced when other
sources of income are received by the potential guardian,
guardian or successor legal guardian or the
child or young adult.
(d) Is intended to combine with the resources
of the potential guardian or guardian to
provide for the needs of the child or young
adult.
(3)
When, during negotiation of the guardianship assistance
payment, the Adoption Assistance and Guardianship Assistance
Coordinator and the potential guardian, guardian, or the
successor legal
guardian are unable to reach
agreement, the Adoption Assistance and Guardianship Assistance Coordinator, the
potential guardian, guardian, or the
successor legal
guardian may request a review
by the Guardianship Assistance Review Committee. When a review
is requested:
(a) An Adoption Assistance and
Guardianship Assistance Coordinator must:
(A)
Prepare documentation for the scheduled Guardianship Assistance Review
Committee;
(B) Notify the
potential guardian, guardian, or successor
legal
guardian of the date of the
committee;
(C) Notify the assigned
caseworkers of the date of the committee; and
(D) Attend and participate in the
Guardianship Assistance Review Committee.
(b) The potential guardian,
guardian, or successor legal
guardian may provide written documentation to the Adoption
Assistance and Guardianship Assistance Coordinator for review and consideration
by the Guardianship Assistance Review Committee.
(c) The certification worker for the
potential guardian and the caseworker for the
child may participate in a Guardianship Assistance
Review Committee meeting and may present information and respond to
questions. The workers may not participate in the deliberations of the
Guardianship Assistance Review Committee.
(d) The
Guardianship Assistance
Review Committee members must:
(A)
Consider written documentation provided by the potential guardian,
guardian, or successor legal
guardian, caseworkers, and the Adoption Assistance and
Guardianship Assistance Coordinator.
(B) Review materials submitted to the
Guardianship Assistance Review Committee, deliberate, and make
one or more recommendations regarding the guardianship assistance
payment.
(e) At
the conclusion of the
Guardianship Assistance Review
Committee, the Adoption Assistance and Guardianship Assistance
Coordinator must:
(A) Document the
recommendations of the Guardianship Assistance Review
Committee; and
(B) Submit
the documentation to the Post Adoption Services Manager or
designee within one business day of the Guardianship
Assistance Review Committee meeting.
(f) The Post Adoption Services Manager or
designee must complete each of the following actions:
(A) Attend the Guardianship
Assistance Review Committee and ask any clarifying questions, but not
participate in the deliberation or recommendation of the Guardianship
Assistance Review Committee;
(B) Review and consider:
(i) The materials submitted to the
Guardianship Assistance Review Committee;
(ii) The recommendations of the committee;
and
(iii) The information presented
by the potential guardian, guardian, or successor
legal guardian under subsection (4)(b) of this rule.
(C) Make a decision within 30
calendar days of the date of the request for review; and
(D) Provide written notification to the
potential guardian, guardian, or successor legal
guardian and the Adoption Assistance and Guardianship Assistance
Coordinator within ten business days of the decision.
(4) When a potential
guardian, guardian, or successor legal
guardian is not satisfied with the final guardianship
assistance offer from the Department, the potential guardian,
guardian, or successor legal
guardian has the right to a contested case hearing under OAR
413-010-0500 to 413-010-0535.
(5)
An initial guardianship assistance payment begins on the date
the state or tribal court legally establishes the guardianship
provided there is a written guardianship assistance agreement
signed by the Department and the potential guardian.
(6) A guardianship assistance
payment to a guardian for the child
or young adult is inalienable, not assignable or transferable,
and exempt from execution, levy, attachment, garnishment, and other legal
process under the laws of Oregon, as long as the payment can be identified as a
guardianship assistance payment and is kept separate from
other money in the guardian's possession.
(7) The guardian may apply
to be the designated payee for any benefit the child or
young adult receives if the benefit program allows such
application.
(8) Medical assistance
and social services.
(a) A
child or
young adult who is the subject of a
guardianship assistance agreement funded by Title IV-E funds
as authorized by the Fostering Connections to Success and Increasing Adoptions
Act of 2008 ( Public Law
110-351 ) is categorically eligible for medical
assistance through Title XIX and social services under Title XX when --
(A) The guardianship is in effect;
and
(B) A guardianship
assistance payment is being made to the
guardian.
(b) A
child or
young
adult who is not eligible for Title XIX medical assistance is eligible
for medical assistance under OAR 413-100-0400 to 413-100-0530, when:
(A) The child or
young adult resides in Oregon; or
(B) The child or
young adult resides outside of Oregon but in the United States
or possession thereof and is not able to obtain medical assistance in his or
her place of residence.
(c) Medical assistance is not provided for a
child or young adult who resides outside of
the United States or possession thereof.
(9) Nonrecurring guardianship expenses.
(a) The Department will reimburse a
guardian up to $2,000 per eligible
child for
approved
nonrecurring guardianship expenses, including but not
limited to:
(A) The cost of a home
study;
(B) Court costs;
(C) Attorney fees;
(D) Physical and psychological examinations
required for the guardianship; and
(E) Travel to visit with the
child prior to placement.
(b) Payment for nonrecurring
guardianship expenses may not duplicate expenses covered by ORS
417.200
- 417.260 or another resource available to the potential guardian
or successor legal guardian.
(c) Documentation of nonrecurring
guardianship expenses is required and must be submitted prior to
execution of the nonrecurring guardianship assistance
agreement. The nonrecurring guardianship assistance
agreement, indicating the nature and amount of the
nonrecurring guardianship expenses, must be signed by the
potential guardian and a Department representative prior to
the establishment of the guardianship.
(d) Payment for nonrecurring
guardianship expenses is made when the Department receives the court
order establishing the guardianship.
(10) Overpayment.
(a) If the Department issues a
guardianship assistance payment on behalf of a
child or young adult after the date the
guardianship assistance agreement automatically expires, the
Department may seek reimbursement of the overpayment and the
guardian must repay the Department.
(b) If the guardian fails to
comply with any provisions of the guardianship assistance
agreement, including failing to notify the Department of any of the
events or circumstances described in OAR 413-070-0964 and 413-070-0974(6) and
(8), the Department may collect any guardianship assistance
payment or medical assistance which the Department would not have
provided had the guardian complied with the provisions of the
guardianship assistance agreement.
Statutory/Other Authority: ORS
411.141,
ORS
418.005
& ORS
409.050
Statutes/Other Implemented: ORS
418.005,
ORS
409.010,
ORS
411.141
& ORS
409.050
