Current through Register Vol. 63, No. 3, March 1, 2024
(1) The caseworker
must review the placement with a fit and willing relative case plan at least
every six months and the review must occur prior to a review by the court or
citizen review board as required by ORS
419B.470
and
419A.106(1)
respectively.
(a) The review must take place
in a face-to-face meeting with the child or young adult, and may include
members of the team of the child or young adult.
(A) When appropriate, the meeting may include
a parent or guardian, unless the parent or guardian is not available for the
review. When a parent or guardian is unavailable, the caseworker must document
the reason the parent or guardian was unavailable and the efforts made to
involve the parent or guardian.
(B)
During the meeting the caseworker must consider input received from the child
or young adult and, at the option of the child or young adult, up to two
members of the case planning team who are chosen by the child or young adult as
described in OAR 413-040-0010(3)(c), other participants in the meeting, and
other information received from the child or young adult's service providers,
substitute caregivers, attorney, court appointed special advocate, the Indian
child's tribe if the child is an Indian child, persons with significant
attachments to the child or young adult, and relatives.
(b) After the meeting described in subsection
(a) of this section, the caseworker must document in the case record:
(A) Whether the current placement continues
to be the least restrictive setting available to meet the safety and permanency
needs of the child or young adult; or
(B) Whether a more permanent permanency plan,
such as reunification, adoption, or guardianship is more appropriate for the
child or young adult.
(2) When a placement with a fit and willing
relative plan has been approved by the court as the permanency plan for a child
or young adult in the legal custody of the Department, the Department must
notify the court and request a review or permanency hearing:
(a) Not less frequently than once every 12
months while the child or young adult remains in substitute care in accordance
with ORS
419B.470(2).
(b) Unless good cause is shown, at any time
upon the request of the Department, a relative caregiver directly responsible
for the care of the child or young adult, a parent of the child or young adult,
an attorney for the child or young adult, a court appointed special advocate, a
citizen review board, or a tribal court in accordance with ORS
419B.470(5).
(c) By the citizen review board no less
frequently than every six months in accordance with ORS
419A.106(1)(a)
unless the court has relieved the citizen review board of its responsibility to
review a case in accordance with ORS
419A.106(1)(b).
(d) Within 90 days of a placement change that
removes the child or young adult from the placement with the fit and willing
relative.
Statutes/Other Implemented: ORS
418.005,
ORS
409.010
& ORS
411.141
