Or. Admin. Code § 413-020-0050

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

Section 413-020-0050 - Termination of Voluntary Custody Agreement

(1) Either the Department or a parent, guardian, or Indian custodian who signed the agreement may terminate the agreement by providing 48 hours written notice. If an agreement continues after the child reaches 18 years of age, a young adult may terminate the agreement by providing 48 hours written notice.

(2) If a parent, guardian, or Indian custodian requests the termination of the Voluntary Custody Agreement and there is reason to believe the child will be unsafe if returned to the home of the parent, guardian, or Indian Custodian, the caseworker must report the information to a CPS screener.

(3) If the withdrawal of consent is by a parent, guardian, or Indian Custodian concerning a child who is an Indian child under the Indian Child Welfare Act, who is in substitute care and the subject of a "Voluntary Custody Agreement" with the Department, the following applies:

(a) The parent, guardian, or Indian custodian may withdraw consent orally or in writing at any time;

(b) An Indian child shall immediately be released to the parent, guardian, or Indian custodian upon withdrawal of a voluntary consent; and

(c) Notification to the court, and other actions are required when return of an Indian child to the parent, guardian, or Indian custodian would place the child in imminent danger or harm.

Or. Admin. Code § 413-020-0050

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 2-2003, f. & cert. ef. 1-7-03; CWP 4-2007, f. & cert. ef. 3-20-07; 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 89-2023, amend filed 12/20/2023, effective 12/20/2023

Statutory/Other Authority: ORS 418.005, ORS 418.027 & ORS 409.050

Statutes/Other Implemented: ORS 418.027 & ORS 418.015