OAR 413-070-0516: Composition, Scheduling, Responsibilities, and Recommendations of the Permanency Committee

(1) A permanency committee is composed of the following individuals: (a) Two individuals who have been appointed by a Child Welfare Program Manager to attend a permanency committee . (A) A committee facilitator , who must be a Department staff member and who must ensure all of the following: (i) The meeting is held according to the requirements of OAR chapter 413. (ii) Individuals are informed of the responsibilities of the committee and the confidentiality of information presented during the meeting. (iii) Committee recommendations are thoroughly and accurately documented. (B) A second individual who may be either a community partner or another Department staff member. (C) The individuals in this subsection must meet the following requirements: (i) Be knowledgeable about permanency issues. (ii) Be knowledgeable of the importance of lifelong family attachment and cultural connections. (iii) Have no current personal or professional relationship to the child or a potential placement resource or potential adoptive resource being considered. (b) The following members of the child's team: (A) The caseworker of the child or young adult ; (B) The attorney of the child or young adult ; (C) The CASA of the child or young adult ; (D) A representative of the Indian child's tribe , if the caseworker knows or there is reason to know the child is an Indian child pursuant to OAR 413-115-0060 ; and (E) A member of the RCWAC , if the child or young adult is a refugee child . (2) The substitute caregiver of the child or young adult , or any other individual from the child's team who a caseworker, in consultation with the supervisor, believes can provide important input into the issue before the permanency committee , may be invited to present information to the permanency committee but is excused after presenting information and responding to questions. (3) The Child Welfare Program Manager or designee responsible for making the decision on behalf of the Department attends the permanency committee and may ask clarifying questions but does not participate in the deliberation and recommendation. (4) The Department is responsible for scheduling and notifying the following individuals of the date, time, and location of the permanency committee : (a) Appointed permanency committee members; (b) The Child Welfare Program Manager or designee making a recommendation or decision on the issue before the permanency committee ; (c) Each member of the child's or young adult's team identified in subsection (1)(b) of this rule; and (d) Any other individual invited to present specific information to the permanency committee . (5) Each individual attending a permanency committee is bound by Oregon statutes regarding confidentiality and OAR 413-010-0010 to 413-010-0075 . (6) Consideration, review, and recommendation. (a) The permanency committee must consider and review the information presented by any individual invited to the permanency committee , whether the information is presented in person, by phone, through other electronic communication, or in writing. (b) The permanency committee may seek clarification of information presented and may request additional information during the presentations. (c) If the child is, or there is reason to know the child may be, an Indian child , the permanency committee must inquire and confirm that the permanency plan of tribal customary adoption has been considered, in accordance with OAR 413-070-0512 (1) (i), prior to making a recommendation as described in (6) (e) of this rule. (d) The permanency committee must consider the safety, permanency, and well-being needs of the child or young adult and, when there are siblings, the safety, permanency, and well-being needs of each sibling and make a recommendation regarding the issue brought before the committee to the Child Welfare Program Manager or designee as follows: (A) When the caseworker recommends a change in permanency plan to guardianship, the permanency committee provides a recommendation based upon the considerations in OAR 413-070-0660 and OAR 413-070-0665 subject to OAR 413-070-0518 . (B) When the caseworker recommends a change in permanency plan to placement with a fit and willing relative , the permanency committee provides a recommendation based upon the considerations in OAR 413-070-1020 subject to OAR 413-070-0518 . (C) When a caseworker recommends a change in permanency plan to APPLA, the permanency committee provides a recommendation based upon the considerations in OAR 413-070-0550 (1). (D) When a caseworker considers the separation of siblings in adoption under OAR 413-110-0132 , the permanency committee provides a recommendation based upon the considerations in OAR 413-110-0132 (2). (E) When the caseworker requests that a permanency committee review the relationship between a general applicant and a child whose permanency plan is adoption , the permanency committee provides a recommendation based upon the considerations in OAR 413-120-0750 (6)(b). (e) When members of the permanency committee have not come to consensus on a recommendation, the committee facilitator must document all recommendations and the basis provided by the permanency committee member for that recommendation. (f) The committee facilitator must provide the written documentation of the permanency committee's recommendation or recommendations to the Child Welfare Program Manager or designee within three business days of the date on which the permanency committee was held.