Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 70 - SUBSTITUTE CARE
Section 413-070-0974 - Review, Adjustment, Suspension, Expiration, and Termination of Guardianship Assistance
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Department may review a guardianship assistance agreement when the Department:
(2) Department review of a guardianship assistance agreement may result in a renegotiation, suspension, adjustment, or termination of the guardianship assistance agreement or guardianship assistance payments.
(3) Guardianship assistance may be adjusted at any time by mutual agreement between the guardian and the Department.
(4) When there is an across-the-board reduction or increase in the base rate payment or level of care payment that the child or young adult would be eligible to receive if the child or young adult were in foster care, the Department may, after a case-by-case review and without concurrence of the guardian, adjust the monthly guardianship assistance payment to an amount that does not exceed the new foster care payment the child or young adult would be eligible to receive if currently in foster care, as follows:
(5) If, upon review under section (1) of this rule or an adjustment under section (4) of this rule, the Department intends to adjust guardianship assistance without the concurrence of the guardian, the Department will provide the guardian with written notice as described in OAR 413-010-0500 to 413-010-0535.
(6) Unless terminated under sections (7) or (8) of this rule, the guardianship assistance agreement and the Department's obligation to provide guardianship assistance expires automatically on the date any of the following events occur:
(7) Guardianship assistance may be suspended at any time by mutual agreement between the Department and the guardian.
(8) After a review and on a case-by-case basis, the Department may terminate a guardianship assistance agreement upon ten calendar days written notice to the guardian when the Department determines that --
(9) If a child receiving guardianship assistance is subsequently adopted by the guardian, the child may be eligible for adoption assistance under OAR 413-130-0000 to 413-130-0130.
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 411.141, ORS 418.005, ORS 409.010 & ORS 411.141