OAR 413-040-0222: Delay, Denial, Termination, Reversal of ICPC Placement Approval, Appeal

(1) The Department will not delay or deny placement of a child who is in the custody of the Department solely because the available ICPC approved family resides outside the state of Oregon. (2) An approved adoptive resource (as defined in OAR 413-200-0260) who alleges that the denial of an adoption placement was based on the adoptive resource residing outside Oregon has the right to a contested case hearing as provided in ORS 183.310 to 183.550 and OAR 413-010-0500. (3) For denial, termination, revocation or appeal of a child-specific certificate of approval for a relative caregiver or foster parent, refer to OAR 413-200-0296 and OAR 413-203-0040. (4) Denial of ICPC placement or reversal of an approval. (a) Reasons for denial or reversal of ICPC placement approval. A placement request may be denied, or approval may be reversed when: (A) The certification requirements of OAR chapter 413, division 200 or division 203 are not met; (B) The adoptive resource certification requirements of OAR 413-200-0274 are not met; (C) The applicant fails to timely respond to a written request from the Oregon ICPC office; (D) The applicant withdraws his or her application; or (E) The child’s specific needs cannot be met if the child is placed in the home. (b) Appeal. There is no right to appeal from a denial of an ICPC placement. Following a denial, the sending state may submit a new request if the issues that led to the denial have been corrected. (5) The Oregon ICPC office may deny or return the home study or parent home study request without processing it if any of the following apply: (a) The prospective placement resource is noncompliant with the sending state’s case plan. (b) The prospective placement resource fails to respond to a written request for contact from the Department within 30 days of the request. (c) There is an open CPS assessment on a prospective placement resource. (d) The referral packet is incomplete. (e) The sending state is nonresponsive to information requests. (f) The prospective placement resource has an outstanding warrant for arrest.