Or. Admin. R. 413-040-0000 - Definitions
Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 413, division 040:
(1) "AAICPC" means the Association of
Administrators of the Interstate Compact on the Placement of Children, which is
the national professional association of state administrators of the Interstate
Compact on the Placement of Children, housed at the American Public Human
Services Association (APHSA).
(2)
"Action agreement" means a written document between the Department and a parent
or guardian that identifies one or more of the services or activities provided
by the Department or other community partners, in which the parent or guardian
may participate to achieve an expected outcome.
(3) "Acquired Immune Deficiency Syndrome
(AIDS)" is a disorder in which a person's immune system is severely suppressed.
It is caused by the human immunodeficiency virus (HIV). In order for a person
to be diagnosed as having AIDS, the virus, immune system suppression, and an
opportunistic infection or other condition stipulated by the U.S. Centers for
Disease Control must all be present. A laboratory diagnosis of a CD4 less than
200 also is an AIDS defined illness.
(4) "Age-appropriate or developmentally
appropriate activities" means:
(a) Activities
or items that are generally accepted as suitable for children or young adults
of the same chronological age or level of maturity or that are determined to be
developmentally appropriate for a child or young adult, based on the
development of cognitive, emotional, physical, and behavioral capacities that
are typical for an age or age group; and
(b) In the case of a specific child or young
adult, activities or items that are suitable for the child or young adult based
on the developmental stages attained by the child or young adult with respect
to the cognitive, emotional, physical, and behavioral capacities of the child
or young adult.
(5)
"Applicant" means any individual other than the parent of the child who is
being placed who applies for approval from the Department to become an ICPC
placement.
(6) "CANS screening"
means Child and Adolescent Needs and Strengths screening, a process of
gathering information on the needs and strengths of a child or young adult for
one or more of the following purposes:
(a) To
identify case planning, service planning, and supervision needs of the child or
young adult in substitute care with a certified family.
(b) To determine the level of care payment
while in substitute care with a certified family; and
(c) To determine the level of care payment
included in an adoption assistance agreement or guardianship assistance
agreement.
(7) "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.
(8) "Certificate of Approval" means a
document the Department issues to a certified family to approve the operation
of a home to provide care for a child or young adult in the care or custody of
the Department.
(9) "Certified
family" means an individual or individuals who hold a current Certificate of
Approval from the Department to operate a home to provide care, in the home in
which the individual or individuals reside, to a child or young adult in the
care or custody of the Department.
(10) "Child" means a person under 18 years of
age.
(11) "Child protective
services assessment"(CPS assessment) means an investigation into a report of
abuse pursuant to ORS
419B.020 or ORS
418.205 - 418.327 that includes
activities and interventions to identify and analyze safety threats, determine
if there is reasonable cause to believe abuse occurred, and ensure safety
through protective action plans, initial safety plans, or ongoing safety
planning.
(12) "Compact
administrator" means the person for each party to the Compact responsible for
carrying out the provisions of the Compact.
(13) "Complete judicial review" means a
hearing that results in a written order that contains the findings required
under ORS 419B.476 or includes
substantially the same findings as are required under ORS
419A.116.
(14) "Concurrent permanent plan" means the
alternate permanency plan whenever the child has been placed in substitute care
when the goal of the permanency plan is to return the child to the parents. The
"concurrent permanent plan" is developed simultaneously with the plan to return
the child to the parents or legal guardians.
(15) "Conditions for return" mean a written
statement of the specific behaviors, conditions, or circumstances that must
exist within a child's home before a child can safely return and remain in the
home with an in-home ongoing safety plan.
(16) "Counseling" means group and individual
counseling, emotional support groups, one-on-one emotional support, AIDS
education, and/or information services.
(17) "Court jurisdiction only" means a case
where the sending court has an open abuse, neglect or dependency case that
establishes court jurisdiction with the authority to supervise, remove, and/or
place the child, and where the child is not in the custody or guardianship of
an agency or the court at the time the ICPC Request form 100A is
completed.
(18) "Date child entered
substitute care" means the earlier of the following two dates:
(a) The date the court found the child within
the jurisdiction of the court (under ORS
419B.100); or
(b) The date that is 60 days from the date of
removal.
(19)
"Department" means the Department of Human Services, Child Welfare.
(20) "Deputy compact administrator" means the
person appointed by a compact administrator as the coordinator to ensure
compliance with the ICPC and OAR 413-040-0200 to 0300.
(21) "Expected outcome" means an observable,
sustained change in a parent or guardian's behavior, condition, or circumstance
that, when accomplished, may increase a parent or guardian's protective
capacity and reduce or eliminate an identified impending danger safety threat,
and which, when accomplished, may no longer require Child Welfare intervention
to manage a child's safety. It is a desired end result and takes effort to
achieve.
(22) "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 or guardian, whether the individual's functioning impacts
his or her protective capacity.
(23) "Face-to-face" means an in-person
interaction between individuals.
(24) "FDM" means family decision-making
meeting as defined by ORS
417.365.
(25) "FEM" means the family engagement
meeting. The FEM occurs between 30 - 60 days after a child or young adult has
been placed in substitute care or a cooperative case has opened. This meeting
is family-focused, facilitated by a highly skilled meeting facilitator, and
officially moves the family's case from co-case management to ongoing case
planning with the family and the permanency worker. It is designed to build on
the strengths of the family and their team in order to support the written
safety plan and meeting conditions for return. These meetings must include
Oregon Family Decision Meeting (OFDM) requirements as described in ORS
417.365 to
417.375 regarding concurrent
planning. Extended family, natural supports and professionals are invited. The
purpose of the family engagement meeting is to continue support case planning
with the family to provide for the safety, attachment, and permanency needs of
the child and family.
(26) "Family
member" means any person related to the child or young adult by blood,
marriage, or adoption, including, but not limited to, the parents,
grandparents, stepparents, aunts, uncles, sisters, brothers, cousins or
great-grandparents. Family member also includes the registered domestic partner
of a person related to the child, a child 12 years of age or older, and when
appropriate, a child younger than 12 years of age. In a case involving an
Indian child under the Indian Child Welfare Act (ICWA), a "family member" is
defined by the law or custom of the child's tribe.
(27) "Fictive kin" has the same meaning as
kith and means an individual who is not related to the child or young adult by
blood, adoption or marriage but has an emotionally significant relationship
with the child or young adult that has the characteristics of a family
relationship.
(28) "Family plan"
means a written document developed at the FDM that includes family
recommendations on planning for the child and may include a permanency plan,
concurrent permanent plan, placement recommendations, or service
recommendations. The "family plan" also includes expectations of the parents of
the child and other family members, services the Department may provide,
timelines for implementation of the plan, benefits of compliance with the plan,
consequences of noncompliance with the plan, and a schedule of future meetings
if appropriate. The "family plan" described in ORS
417.375(1) is
incorporated into the case plan to the extent that it protects the child,
builds on family strengths, and is focused on achieving permanency for the
child within a reasonable time.
(29) "Form 100A" means the sending agency's
formal written notice to the revocation of its intention to make an interstate
placement and a request for a finding as to whether the placement would be
contrary to the interests of the child. The form may also include a formal
request for a home study. The form accompanies all requests for placement to
which the Compact is applicable.
(30) "Form 100B," Interstate Compact Report
on Child's Placement Status, means the form used to:
(a) Confirm that an approved placement in
accordance with the Compact has been made;
(b) Withdraw a request prior to the home
study;
(c) Indicate that an
approved resource will not be used;
(d) Report a change in the placement resource
and/or type of care; or
(e) Report
a change of address.
(31) "Grandparent" for purposes of
notification, visitation, contact, or communication ordered by the court under
ORS 419.B876 means the legal parent of the child or young adult's legal parent,
regardless of whether the parental rights of the child or young adult's legal
parent have been terminated under ORS
419B.500 to
419B.524.
(32) "Guardian" means an individual who has
been granted guardianship of a child through a judgment of the court.
(33) "High-risk behaviors" means the
following:
(a) Having shared a needle with an
intravenous drug abuser since 1977;
(b) For a man, having had sex with another
man or men since 1977;
(c) Having
been sexually active in an area where heterosexual transmission is believed to
be high;
(d) Persons with
hemophilia;
(e) Having been the
sexual partner of a person in one of the previous categories;
(f) Being born to a woman whose history has
put her in one of these other categories.
(34) "HIV" is the acronym for human
immunodeficiency virus. This is the current name for the virus which causes
AIDS.
(35) "HIV Infection". People
who have been tested and found to have the antibody are referred to as having
HIV infection. These people are capable of transmitting the virus through risk
behaviors, as described below.
(36)
"HIV Positive" means that a blood test has indicated the presence of antibodies
to HIV. This means that the person has been infected by the virus and the
immune system has responded by producing antibodies. An exception is infants of
HIV-infected mothers. They have been exposed to the mother's antibodies and
carry these antibodies in their blood for a number of months after birth. A
series of tests is necessary to determine if these infants are themselves
infected with HIV.
(37) "Home
study" means a document containing an analysis of the ability of the applicant
to provide safe and appropriate care of a child or young adult.
(38) "Home visit" means a face-to-face
contact at an individual's residence.
(39) "ICPC" or "Compact" means the Interstate
Compact on the Placement of Children.
(40) "ICPC approved family" means a family
approved by the Interstate Compact on the Placement of Children (ICPC) compact
administrator, deputy compact administrator or designee after reviewing a home
study.
(41) "ICWA" or "the Act"
means the Indian Child Welfare Act of 1978, 25 U.S.C.
ยงยง1901-63.
(42)
"Impending danger safety threat" means a family behavior, condition, or
circumstance that meets all five safety threshold criteria. When it is
occurring, this type of threat to a child is not immediate, obvious, or
occurring at the onset of the CPS intervention. This threat is identified and
understood more fully by evaluating and understanding individual and family
function.
(43) "Indian child" means
any unmarried person who is under age 18 and either:
(a) Is a member or citizen of an Indian
tribe; or
(b) Is eligible for
membership or citizenship in an Indian tribe and is the biological child of a
member or citizen of an Indian tribe.
(44) "Indian custodian" means any Indian who
has legal 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 parent of such child.
(45) "Indian tribe" means any Indian tribe,
band, nation, or other organized group or community of Indians recognized as
eligible for services provided to Indians by the Secretary of the Interior
because of their status as Indians, including any Alaska Native village as
defined in 43 USC section
1602.
(46) "Legal custody" means that a person or
agency 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;
(d) To authorize
medical, dental, psychiatric, psychological, hygienic or other remedial care or
treatment for the child or young adult, and in any emergency
where the child or young adult's safety appears urgently to
require it, to authorize surgery or other extraordinary care; and
(e) "Legal custody" includes temporary
custody of a child or young adult under an order of a
court.
(47) "Local
Citizen Review Board (CRB)" means a board of not less than three nor more than
five members appointed by the Chief Justice of the Supreme Court of the State
of Oregon to review the cases of all children in the custody of the Department
and placed in an out-of-home placement (ORS
419A.090-419A.094).
(48) "Member of the household" means any
adult or child living in the home, including the applicant or parent and any
caregiving employee or volunteer who resides in the home.
(49) "Ongoing safety plan" means a documented
set of actions or interventions that manage a child's safety after the
Department has identified one or more impending danger safety threats at the
conclusion of a CPS assessment or anytime during ongoing work with a
family.
(50) "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
416.465, or by a juvenile court.
In cases involving an Indian child under the Indian Child Welfare Act (ICWA),
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.
(51) "Parent home study"
means a document containing an analysis of the ability of the parent to provide
safe and appropriate care of a child or young adult.
(52) "Permanency hearing" means the hearing
that determines the permanency plan for the child. The "Permanency Hearing" is
conducted by a juvenile court, another court of competent jurisdiction or by an
authorized tribal court.
(53)
"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 family resources with the parents, relatives, or other people who may
assume legal 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.
(54) "Personal
care services" means the provision of or assistance with those functional
activities described in OAR 413-090-0120 consisting of mobility, transfers,
repositioning, basic personal hygiene, toileting, bowel and bladder care,
nutrition, medication management, and delegated nursing tasks that a child or
young adult requires for his or her continued well-being.
(55) "Placement" means the arrangement for
the care of a child in the home of a parent, a foster home, relative foster
home, non-paid relative home, or a child-caring agency or institution. It does
not include the arrangement for care in an institute caring for the mentally
ill, an institution primarily educational in character, or a hospital or other
medical facility.
(56) "Qualified
individual" means an individual who is:
(a) A
trained professional or licensed clinician;
(b) Not an employee of the Department or of
the Oregon Health Authority;
(c)
Not connected to, or affiliated with, any placement setting in which a child or
young adult is placed by the Department.
(57) "Qualified residential treatment program
(QRTP)" means a program that:
(a) Provides
residential care and treatment to a child or young adult who, based on a QRTP
assessment, requires specialized, evidence-based supports and services related
to the effects of trauma or mental, emotional or behavioral health
needs.
(b) Uses a trauma-informed
treatment model that is designed to address the needs, including clinical needs
as appropriate, of the child or young adult.
(c) Ensures that the staff at the facility
includes licensed or registered nurses licensed under ORS chapter 678 and other
licensed clinical staff who:
(A) Provide care
within their licensed scope of practice;
(B) Are on site according to the treatment
model identified in OAR 410-170-0030 (2); and
(C) Are available 24 hours per day and seven
days per week.
(d)
Facilitates the involvement of the family of the child or young adult, as
defined in ORS 418.575, in the treatment
program of the child or young adult, to the extent appropriate, and in
accordance with the best interests of the child or young adult.
(e) Facilitates outreach to the family of the
child or young adult, as defined in ORS
418.575, documents how outreach
is made and maintains contact information for any known biological relatives or
fictive kin, as defined by the Department.
(f) Documents how the program integrates
family into the treatment process of the child or young adult, including after
discharge, and how sibling connections are maintained.
(g) Provides discharge planning and
family-based after-care support for at least six months following the discharge
from the program.
(h) Is accredited
as outlined in OAR 413-095-0000 (2).
(58) "QRTP assessment" means an assessment of
the strengths and needs of a child or young adult by a qualified individual
using the Child and Adolescent Needs and Strengths tool in combination with a
review of clinical documentation to determine the most effective and
appropriate level of care for the child or young adult.
(59) "Protective capacity" means behavioral,
cognitive, and emotional characteristics that can specifically and directly be
associated with a person's ability and willingness to care for and keep a child
safe.
(60) "Reasonable and prudent
parent standard" means the standard, characterized by careful and sensible
parental decisions that maintain the health, safety, and best interests of a
child or young adult while encouraging the emotional and developmental growth
of the child or young adult, that a substitute care provider shall use when
determining whether to allow a child or young adult in substitute care to
participate in extracurricular, enrichment, cultural, and social
activities.
(61) "Receiving state"
means the state to which a child is sent, brought, or caused to be sent or
brought, whether by a public authority or a private person or agency, whether
for placement with a state or local public authority or with a private agency
or person.
(62) "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.
(63) "Reunification" means placement with a
parent or guardian.
(64)
"Revocation" means an administrative act by the Department that rescinds an
existing Certificate of Approval, Child-Specific Certificate of Approval, or
Temporary Certificate of Approval.
(65) "Safety threshold" means the point at
which family behaviors, conditions, or circumstances are manifested in such a
way that they are beyond being risk influences and have become an impending
danger safety threat. In order to reach the "safety threshold" the behaviors,
conditions, or circumstances must meet all of the following criteria: be
imminent, be out of control, affect a vulnerable child, be specific and
observable, and have potential to cause severe harm to a child. The "safety
threshold" criteria are used to determine the presence of an impending danger
safety threat.
(66) "SAIP" means
Secure Adolescent Inpatient Program.
(67) "SCIP" means Secure Children's Inpatient
Program.
(68) "Sending agency"
means a party state or an officer or employee thereof, a subdivision of a party
state or an officer or employee thereof, a court of a party state, or a person,
corporation, association, charitable agency, or other entity that sends,
brings, or causes to be sent or brought a child to another party state. When an
agency chooses to exert legal authority to supervise and or remove and place
the child during a court jurisdiction only case, that agency is the sending
agency.
(69) "Sending state" means
the state from which a proposed placement is made.
(70) "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.
(71)
"Substitute caregiver" means a relative caregiver, foster parent, or provider
authorized to provide care to a child or young adult in the legal or physical
custody of the Department.
(72)
"Termination of parental rights" means that a court of competent jurisdiction
has entered an order terminating the rights of the parent or parents, pursuant
to ORS 419B.500 through
419B.530 or the statutes of
another state. The date of the termination order determines the effective date
of the termination even if an appeal of that order has been filed (ORS
419A.200).
(73) "Young adult" means a person aged 18
through 20 years.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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