Or. Admin. Code § 413-030-0000

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

Section 413-030-0000 - Definitions

The following definitions apply to OAR chapter 413, division 30:

(1) "APPLA" means Another Planned Permanent Living Arrangement, a permanency plan for a stable secure living arrangement for a child who has reached the age of 16 or young adult that includes building relationships with significant people in the child or young adult's life that may continue after substitute care. APPLA is the least preferred permanency plan of the five permanency plans for a child or young adult and is appropriate only after the permanency plans of reunification, adoption, guardianship, and placement with a fit and willing relative have been determined not in the best interest of a child or young adult.

(a) "Planned" means the arrangement is intended, designed, and deliberate.

(b) "Permanent" means enduring and stable.

(2) "Case plan" means a written, goal-oriented, time-limited individualized plan for the child and the child's family, developed by the Department and the parents or guardians, to achieve the child's safety, permanency, and well-being.

(3) "Chafee housing" means a payment to assist in covering the costs of room and board made to an eligible former foster child who was discharged from the care and custody of the Department or one of the federally recognized tribal nations on or after reaching 18 years of age.

(4) "Child" means a person under 18 years of age.

(5) "Department" means the Oregon Department of Human Services.

(6) "Expert evaluation" means a written assessment prepared by a professional with specialized knowledge of a particular subject matter such as physical health, psychological health, mental health, sexual deviancy, substance abuse, and domestic violence. The assessment provides information regarding an individual's functioning in the area of the professional's specialized knowledge and when the expert is evaluating a parent, guardian, or Indian custodian whether the individual's functioning impacts his or her protective capacity.

(7) "Family support services case plan" means a goal-oriented, time-limited, individualized plan for a child and the child's family or a former foster child. The Department and the family or former foster child jointly develop a "family support services case plan" that addresses the service goals and the identified needs of the child and the child's family or the former foster child.

(8) "Former foster child" means a person under 24 years of age who exited substitute care at or after 14 years of age, including substitute care provided by a federally recognized tribal nation, and had been in substitute care for at least 180 cumulative days after 13 years of age.

(9) "Full-time activity" means a child or young adult is engaged in any combination of Department-approved productive activities for a minimum of 36 hours per week.

(10) "GED" means a General Educational Development certificate issued pursuant to ORS 351.768.

(11) "Guardian" means an individual who has been granted guardianship of a child through a judgment of the court.

(12) "ILP" means the Independent Living Program services provided by the Department to an eligible foster child, young adult or former foster child.

(13) "Independent living housing subsidy" means a payment to assist in covering the cost of room, board, or other monthly expenses made to an eligible individual who is at least 16 years of age and is in the care and custody of the Department and living independently.

(14) "Indian child" means any unmarried person who is under age 18 and either:

(a) Is a member or citizen of an Indian tribal nation; or

(b) Is eligible for membership or citizenship in an Indian tribal nation and is the biological child of a member or citizen of an Indian tribal nation.

(15) "Indian custodian" means any Indian, other than the Indian child's parent, who has custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, and control has been transferred by the Indian child's parent.

(16) "Legal custody" means a legal relationship between a person, agency, or institution and a child that imposes on the person, agency, or institution the duties and authority of the child's legal custodian.

(17) "Parent" means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070, ORS 416.400 to 416.610, or by a juvenile court. In cases involving an Indian child under the ORICWA, parent means any biological parent of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include an unwed biological father where paternity has not been acknowledged or established. "Parent" also includes a putative father who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the putative father is not the legal father.

(18) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child or young adult. Although the plan may change as more information becomes available, the goal is to develop safe and permanent resources with the parents, relatives, or other people who may assume responsibility for the child or young adult during the remaining years of dependency and be accessible and supportive to the child or young adult in adulthood.

(19) "Registered domestic partner" means an individual joined in a domestic partnership that is registered by a county clerk in accordance with ORS 106.300 to 106.340.

(20) "Service Agreement" means a written document between the Department and a parent, guardian, Indian custodian or former foster child that identifies one or more of the service goals in a family support services case plan, and the services and activities that are necessary for the parent, guardian, Indian custodian or former foster child to achieve the goal.

(21) "Service goal" means the observable, sustained change in behavior, condition, or circumstance that, when accomplished, achieves the desired effect.

(22) "Short term services" mean actions or activities that are limited in duration to a maximum of 180 days.

(23) "Sibling" means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways:

(a) By blood or adoption through a common parent;

(b) Through the marriage of the legal or biological parents of the children or young adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent.

(24) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(25) "Substitute caregiver" means a relative resource parent, resource parent, or provider authorized to provide care to a child or young adult in the legal or physical custody of the Department.

(26) "Young adult" means a person aged 18 through 20.

Or. Admin. Code § 413-030-0000

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 1-2013, f. & cert .ef. 1-15-13; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 22-2015, f. & cert. ef. 10/6/2015; 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 1-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 9-2018, amend filed 01/16/2018, effective 1/17/2018; CWP 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018; CWP 126-2020, temporary amend filed 05/07/2020, effective 5/7/2020 through 11/2/2020; CWP 5-2021, amend filed 01/28/2021, effective 2/1/2021; CWP 12-2021, temporary amend filed 05/11/2021, effective 5/11/2021 through 9/30/2021; CWP 21-2021, amend filed 09/30/2021, effective 10/1/2021; CWP 89-2023, amend filed 12/20/2023, effective 12/20/2023

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.005