Or. Admin. Code § 413-115-0060

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

Section 413-115-0060 - Active Efforts

(1)Active efforts must begin when the Department has reason to know the child may be anIndian child. The ORICWA applies to anyproceedings under OAR 419B, until the court determines that the child does not meet the definition of Indian child. Active efforts require a higher standard of conduct than reasonable efforts. Active efforts must:

(a) Involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan;

(b) Be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe whenever possible;

(c) Be conducted in partnership with the Indian child and the Indian child's parents, Indian custodians, member extended family members and the Indian child's tribe whenever possible;

(d) Involve consultation and collaboration with the Indian child's tribe in all assessment and case planning decisions and service delivery;

(e) Be tailored to the facts and circumstances of the case; and

(f) Be designed to ameliorate the need for removal.

(2) During a CPS assessment and prior to a determination that the child must be removed from the home of the parents or Indian custodian, the Department must engage in active efforts and offer services of a remedial nature designed to prevent the removal of the Indian child from their parent or Indian custodian. These active efforts must include efforts to:

(a) Counsel and modify the behavior of the parents or Indian custodian.

(b) Ameliorate any imminent physical damage or harm.

(3) The Department must involve the Indian child'sextended family members, tribe(s), and tribal organizations at the earliest possible point during the assessment to reduce the potential for cultural bias when evaluating home and family conditions and making decisions affecting Indian children and families.

(4) In order to demonstrate that active efforts have been made, during the course of a CPS assessment and throughout the Department's involvement with the family of an Indian child, the Department must, at a minimum:

(a) Contact the tribe, potential service providers within the Indian child's tribe, tribal community and other community resources to identify placement resources and culturally appropriate services.

(b) Take steps to keep the Indian child and the Indian child's siblings together whenever possible.

(c) Support regular visits with the Indian child's parent(s) or Indian custodian in the most natural setting possible, as well as trial home visits during any period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child.

(d) Contact and consult with the Indian child's extended family members and the tribe, to determine whether additional support for the Indian child and the Indian child's parents is available from any extended family member.

(e) Collaborate with the parent or Indian custodian, the Indian child's tribe, and the Indian child, if the Indian child is developmentally appropriate, when formulating the case plan.

(f) Assure that due consideration has been given to the cultural needs and values of the family and that resources have been diligently sought to provide services to the family.

(g) Tailor the case plan to the facts and circumstances of the case.

(h) Actively assist and engage with the parent or Indian custodian, to overcome barriers in achieving the case plan objectives and work with the parent or Indian custodian to engage them in remedial services and rehabilitation programs to prevent the breakup or support the reunification of the family. Consider alternative options to address the needs of the Indian child's parents, Indian custodian or extended family members. Monitor progress and participation in the services.

(i) Identify community resources, including but not limited to housing, financial assistance, employment training, transportation, mental health, health care, substance abuse prevention and treatment, parent training, transportation and peer support services and actively assisting the Indian child's parents or, when appropriate, the Indian child's extended family members, in utilizing and accessing those resources.

(j) Contact the tribe, potential service providers within the Indian child's tribe, tribal community and other community resources to identify placement resources and culturally appropriate services.

(k) Provide any other efforts that are appropriate to the Indian child's circumstances in consultation and collaboration with the Indian child's tribe.

(l) Provide post-reunification services and monitor for the duration of thejuvenile court's jurisdiction; and

(m) Document the Department's active efforts in the Department's information system.

(n) Document active efforts in detail in writing for the court and all parties.

Or. Admin. Code § 413-115-0060

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 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.185 & ORS 419B.340