Or. Admin. Code § 413-100-0135

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-100-0135 - Removal Requirements

(1) Specified relative requirements. To meet Title IV-E eligibility requirements, the child must have lived at some point during the six months prior to removal with a specified relative.

(2) Removal requirements for a child age 17 or younger. To meet Title IV-E eligibility requirements, the child's removal from the home must occur pursuant to:

(a) A voluntary custody agreement or voluntary placement agreement, signed by a specified relative, that results in the physical or constructive removal of the child from the home; or

(b) A judicial order that requires the child's physical or constructive removal from the specified relative and gives the Department responsibility for the placement and care of the child.

(3) Removal home requirements. For Title IV-E eligibility purposes, the child's removal home must meet the requirements of one of the following subsections:

(a) Physical Removal. The Department considers a child's removal a physical removal when the judicial order or the voluntary custody or voluntary placement agreement results in the removal of the child from the physical custody of a specified relative.

(b) Constructive Removal. The Department considers a child's removal a constructive removal when the child is living in the home of an interim caretaker at the time of removal, but the child lived with a specified relative at some point during six months prior to removal.

Or. Admin. Code § 413-100-0135

SOSCF 20-2000(Temp), f. 8-11-00 thru 2-6-01; SOSCF 4-2001, f. & cert. ef. 2-7-01; SOSCF 44-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 30-2003(Temp), f. & cert. ef. 9-2-03 thru 2-28-04; CWP 2-2004, f. & cert. ef. 2-10-04; CWP 1-2007(Temp), f. & cert. ef. 2-7-07 thru 8-6-07; CWP 14-2007, f. & cert. ef. 8-1-07; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 14-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 32-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.625 & ORS 409.050