Or. Admin. Code § 413-115-0050

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

Section 413-115-0050 - Notification to the Tribe of Placement or Change in Placement

(1) When the Department knows or has reason to know the child is an Indian child, the Department must ensure that notification is provided to the Indian child's tribe or tribes as soon as possible and within 24 hours of knowing when any of the following actions may occur:

(a) When the Department is managing safety of the Indian Child in the home of their parent or Indian Custodian;

(b) An emergency removal;

(c) An involuntary placement. Notification of an involuntary placement under this rule is separate from notice required under OAR 413-115-0120;

(d) A change in placement; or

(e) A voluntary placement agreement has been requested by the parent or Indian custodian.

(2) Notification of any action in section (1) must include the following information, if known:

(a) The name, birthdate and birthplace of the Indian child.

(b) The names of the Indian child's parents.

(c) The applicable action under section (1).

(3) Notification pursuant to this rule may be provided in person, telephonically or electronically, and must be documented in the Department's information system.

Or. Admin. Code § 413-115-0050

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 5-2017(Temp), f. & cert. ef. 5-12-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018; CWP 148-2020, temporary amend filed 12/31/2020, effective 1/1/2021 through 6/29/2021; CWP 16-2021, amend filed 06/29/2021, effective6/29/2021; CWP 32-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005 & ORS 419B.878