Or. Admin. Code § 413-020-0140

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

Section 413-020-0140 - Exercise and Delegation of Legal Authority

(1) When the Department has legal custody of a child through a Voluntary Custody Agreement, a court order, or a Release and Surrender Agreement, the Department will exercise its authority through Department staff and through delegation to other persons as described in this rule.

(2) Physical Custodian. The Department delegates the following responsibilities to the physical custodian. This delegation continues as long as the child or young adult is in the legal custody of the Department and resides with the physical custodian. Any exception to this rule must be given in writing to the custodian of the child or young adult and a copy will be maintained in the child or young adult's case record with the Department. The Department will delegate to the child's physical custodian its authority to consent to:

(a) Enrollment and disenrollment of the child or young adult in regular public school; assisting with selecting or changing class schedules; authorizing absence from school; and enrollment in free and reduced meal programs. Consent for standardized testing and assessment. Assessment and implementation of special education, unless the child or young adult has a surrogate parent assigned (see OAR 581-015-2000). School pictures, except those listed under subsection (2)(b) of this rule;

(b) Routine medical care and dental care, including vaccinations and immunization; routine examinations and lab tests;

(c) Short term inter-county travel;

(d) Application for work permits or releases; and

(e) Participation of the child or youngadult in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities. When determining whether to allow a child or youngadult to participate, the physicalcustodian must apply the reasonable and prudent parent standard. When applying the reasonable and prudent parent standard, the physicalcustodian must consider:

(A) The age, maturity, and developmental level of the child or youngadult;

(B) The nature and inherent risks of harm; and

(C) The best interest of the child or youngadult based on information known by the caregiver.

(3) The caseworker may exercise the Department's consent authority to any action to which the physical custodian may consent. In addition, the caseworker may exercise the Department's authority to give consent for the following;

(a) Photographs taken for publicity purposes or media promotions that may draw attention to the child.

(b) Psychiatric or psychological evaluation, outpatient psychiatric or psychological treatment, and behavioral rehabilitation services for the child.

(4) The Local Office Program Manager or designee. The Local Office Program Manager or designee may exercise the Department's consent authority to any action to which the physical custodian or caseworker may consent. In addition, the Local Office Program Manager or designee or Health and Wellness Services Program Manager may exercise theDepartment's authority to consent to all of the following actions with respect to the children serviced by the Local Office.

(a) Emergency medical care and/or surgery, to include anesthesia

(b) Major medical and surgical procedures that are not extraordinary or controversial to include anesthesia

(c) Gender affirming, fully and partially reversible medical interventions.

(5) District Manager or Designee. The District Manager or designee may exercise the Department's consent authority to any action to which the physical custodian, caseworker, or Local Office Program Manager may consent. In addition, the District Manager or designee may exercise the Department's authority to consent to all of the following actions with respect to the children serviced by the district:

(a) Enrollment in specialized schools, including private, charter, alternative, international study program, GED, or home schools.

(b) Application for driver's training, permits and license.

(c) Interstate travel and international travel.

(d) Examination by law enforcement agency (e.g. polygraphs, interrogations without a warrant, etc.).

(e) Use of firearms for purpose of recreational hunting, target practice, and/or hunter safety course.

(6) Health and Wellness Services Program Manager or the District Manager or designee may consent to the following;

(a) Emergency medical care and/or surgery, to include anesthesia.

(b) Major medical and surgical procedures that are not extraordinary or controversial, to include anesthesia.

(c) Admission to Secure Adolescent Inpatient Program (SAIP), Secure Children's Inpatient Program (SCIP), or a private hospital for purpose of psychiatric treatment.

Or. Admin. Code § 413-020-0140

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 12-2003, f. & cert. ef. 1-9-03; CWP 2-2006, f. & cert. ef. 2-1-06; CWP 19-2015, f. & cert. ef. 10/1/2015; CWP 30-2018, minor correction filed 04/16/2018, effective 04/16/2018; CWP 103-2020, temporary amend filed 02/04/2020, effective 2/4/2020 through 08/01/2020; CWP 133-2020, amend filed 06/29/2020, effective 7/1/2020

Statutory/Other Authority: ORS 161.390 & ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 109.640, ORS 161.327, ORS 161.336, ORS 161.341, ORS 161.365, ORS 161.370 & ORS 418.312