Or. Admin. Code § 413-030-0460

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

Section 413-030-0460 - Requirements at Independence

(1) At least 60 days prior to the date on which the Department is requesting relief of legal custody of a child or young adult reaching independence, the Department must inform the child or young adult of:

(a) The date, time, and location of the hearing;

(b) The right to attend the hearing, and the importance of attending; and

(c) The right to request assistance with transportation to and from the hearing.

(2) When the court relieves the Department of the custody of the child or young adult reaching independence, the Department must provide the child or young adult with the following written records:

(a) Unless the release is prohibited by law or the law requires the child or young adult to make a specific request for the records under ORS 432.250 and ORS 109.425 to 109.507, information concerning the case of the child or young adult, including family and placement history, location and status of each sibling, and contact information the child or young adult may use to seek additional information about their case or family history.

(b) Health and education records, including:

(A) Health and immunization records;

(B) Educational summary and records; and

(C) Information on how to identify a Health Care Representative, complete an Oregon Advance Directive, and complete the Oregon Health Plan (OHP) Application to access the Former Foster Care Youth Medical Program.

(c) An original or certified copy of each of the following, and documentation that each has been provided to the child or young adult in official form:

(A) The birth certificate of the child or young adult.

(B) Official proof of the citizenship or residence status of the child or young adult in a form acceptable to an employer required to verify immigration status.

(C) The social security card, or a copy of the original, of the child or young adult.

(D) A driver's license or another form of state identification, or a copy of the original, of the child or young adult;

(E) Where applicable, a death certificate of a parent of the child or young adult.

(F) Where applicable, the tribal membership or enrollment information of the child, young adult and/or child's parents.

(G) Written verification of placement in substitute care through the Department or one of the federally recognized tribal nations of the child or young adult when 14 years of age or older and 18 years of age and younger.

(H) The child or young adult's credit report.

(3) When the Department is unable to provide the documentation and information described in section (2) of this rule prior to the court order by which the Department is relieved of legal custody of the child or young adult, the Department must prepare the written records and either deliver them to the child or young adult or, when the whereabouts of the child or young adult are unknown, retain the records in the case file of the child or young adult until requested by the child, young adult or former foster child.

Or. Admin. Code § 413-030-0460

CWP 16-2009, f. & cert. ef. 11-3-09; CWP 19-2015, f. & cert. ef. 10/1/2015; 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 10-2018, temporary amend filed 01/17/2018, effective 01/17/2018 through 06/29/2018; 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 21-2021, amend filed 09/30/2021, effective 10/1/2021; CWP 77-2023, minor correction filed 07/10/2023, effective 7/10/2023; CWP 79-2023, minor correction filed 07/26/2023, effective 7/26/2023

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005