Or. Admin. Code § 413-310-0410

Current through Register Vol. 63, No. 11, November 1, 2024

Section 413-310-0410 - Definitions

(1) "Cost of care" means services provided to meet the needs of a child or young adult, which includes, but is not limited to, food, shelter, clothing, medical care, schooling, protection and supervision.

(2) "Child Support Program (CSP)" means the entities responsible for receiving and recording support money paid by an obligor and the transferring of aid money to the proper representative payee. CSP includes both District Attorney offices and the Division of Child Support under the Department of Justice.

(3) "Division of Child Support (DCS)" means the division in the Department of Justice responsible for enforcing the child support obligation of parents.

(4) "Financial Accountings" means a detailed accounting of all money spent by the Department on behalf of a child or young adult and the amount of trust money, by funding source, reimbursed to the Department for these items.

(5) "Financial Application " means an electronic information system process of reducing unreimbursed cost of care balance with a child or young adult's Trust Account Maintenance, interfacing a balanced transaction, which reduces the trust account balance of the child or young adult while also reducing the agency's unreimbursed cost of care expenditures.

(6) "Legal Custody" means:

(a) A person or the Department has legal authority:

(A) To have physical custody and control of a child or young adult;

(B) To supply the child or young adult with food, clothing, shelter and other necessities;

(C) To provide the child or young adult with care, education and discipline; and

(D) To authorize medical, dental, psychiatric, psychological, hygienic or other remedial care or treatment for the child or young adult, and in an emergency, where the safety of the child or young adult appears urgently to require it, to authorize surgery or other extraordinary care.

(b) Legal custody includes temporary custody of a child or young adult under an order of temporary custody or commitment from a juvenile court pursuant to ORS 419B.231 through 491B.237 and 419B.328 through 419B.337.

(7) "Maintenance Cost" means a payment to the foster parent or relative caregiver for the costs of providing the child or young adult with the following:

(a) Food, including the special or unique nutritional needs of the child or young adult;

(b) Reasonable clothing, including purchase and replacement;

(c) Housing, including maintenance of household utilities, furnishings and equipment;

(d) Daily supervision, including teaching and directing to ensure safety and wellbeing at a level appropriate for the chronological age of the child or young adult;

(e) Personal incidentals, including personal care items, entertainment, reading materials and miscellaneous items; and

(f) Transportation, including gas, oil and vehicle maintenance and repair costs for local travel associated with providing the items listed above and transportation to and from extracurricular, childcare, recreational and cultural activities.

(8) "Oregon 529 Savings Network" means an Oregon state sponsored 529 Plan designed to cover qualified educational expenses.

(9) "Paid Placement" means the home or facility utilized by the Department to provide care for a child or young adult where there is a cost to the agency.

(10) "Pass-Through" means the process of forwarding benefits by the Department to a non-paid caretaker.

(11) "Pre-adoptive family" means an individual or individuals who:

(a) Have been selected to be the adoptive family of the child; and

(b) Is in the process of legalizing the relationship to the child through the judgment of the court.

(12) "Representative payee" means an individual or organization selected by the SSA or other federal entity to receive benefits on behalf of a beneficiary.

(13) Social Security Benefits means benefits authorized by Title II of the Social Security Act, including retirement, survivors', and disability insurance. Title II benefits are based on the earnings of an individual who has paid Federal Insurance Contributions Act (FICA) tax for a specified period of time. The beneficiary's income or assets do not affect eligibility.

(14) "Special Account Money" means a sub-section of a trust account for a child or young adult to receive money intended for the extra personal needs of a child or young adult.

(15) "Supplemental Security Income" (SSI) means benefits paid by the SSA under Title XVI to adults and children under age 18 who have limited income and resources and can receive payments based on disability or blindness.

(16) "Support Arrearages" means the amount of unpaid support which has been established by court order or voluntary agreement for the purpose of maintaining a child or young adult.

(17) "Termination of Custody" means the relinquishment of Department custody as a result of a court order, emancipation through attaining legal age, marriage, retraction of voluntary commitment or legal adoption.

(18) "Trial Reunification" means when the agency maintains custody but places the child at home with a potential guardian. Also referred to as a non-paid placement.

(19) "Oregon Uniform Transfer to Minors Act" (UTMA) allows title to property to be passed to a child by use of custodian.

Or. Admin. Code § 413-310-0410

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 22-2021, temporary amend filed 10/04/2021, effective 10/4/2021 through 4/1/2022; CWP 6-2022, amend filed 03/28/2022, effective 4/1/2022; CWP 92-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050

Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406