OAR 413-070-0665: Consideration of a Substitute Caregiver as a Potential Guardian

(1) Prior to considering a substitute caregiver as a potential guardian, the caseworker and the caseworker's supervisor must comply with the requirements of both of the following subsections: (a) Review the Department's diligent efforts to identify, contact, and place a child with relatives or persons with a caregiver relationship and to place siblings together as required under OAR 413-070-0060 to 413-070-0087. (b) Confirm there are no current Department actions to: (A) Identify a child's relative as defined in OAR 413-070-0000(78)(a)–(d); (B) Assess an identified relative as defined in OAR 413-070-0000(78)(a)–(d) who has either expressed an interest in and needs to be or currently is being assessed as a permanency resource. (2) In order for a substitute caregiver to be considered as a potential guardian, the substitute caregiver must: (a) Have a current Certificate of approval from one of the following entities: (A) The Department under OAR 413-200-0301 to 413-200-0396. (B) Office of Developmental Disabilities under OAR Chapter 411 Division 346. (C) A foster care agency under OAR 413-215-0301 to 413-215-0396. (D) A participating tribe when the potential guardian is currently certified as a foster home by the participating tribe as meeting the tribe's certification and licensing standards. (E) Another state when the potential guardian is currently certified or otherwise approved by the state in which the potential guardian resides and approved as a placement for the child under the Interstate Compact on Placement of Children (ICPC). (b) Agree with the Department that the child and any sibling under consideration, and the substitute caregiver can maintain a stable relationship and function effectively without Department supervision. (c) Have an updated home study describing how the substitute caregiver's skills and abilities meet the best interests and needs for safety, permanency, and well-being for the child and any sibling under consideration. (d) Have adequate means of financial support and connections to community resources. (e) Have a strong commitment to caring permanently for the child and any sibling under consideration for whom the substitute caregiver has provided care. (3) The caseworker must complete all of the following requirements and present the results to a permanency committee, when scheduled: (a) Assess the ability of the substitute caregiver to provide safety, permanency, and well-being for the child and any sibling under consideration. (b) Assess with the certifier of the substitute caregiver the extent to which the ongoing needs for safety, permanency, and well-being of the child and any sibling under consideration are being met pursuant to OAR 413-070-0640. (c) Assess the commitment of the substitute caregiver to raise the child and any sibling under consideration. (d) Assess the ability of the substitute caregiver being considered to maintain safe, long-term contact with siblings, relatives and caregivers known to the child or ward and others with whom the child or ward has developed an emotional attachment; (e) Provide the substitute caregiver with information regarding the duties and responsibilities of a guardian. (f) Agree that the child, any sibling under consideration, and the substitute caregiver can maintain a stable relationship and function effectively without Department supervision. (g) Consult with the substitute caregiver regarding guardianship assistance under OAR 413-070-0900 to 413-070-0974. (A) When guardianship assistance will be requested, inform the substitute caregiver of the eligibility, application, and ongoing requirements of guardianship assistance as described in OAR 413-070-0900 to 413-070-0974. (B) When guardianship assistance will not be requested or may not be approved due to eligibility restrictions, ensure that the substitute caregiver has sufficient financial support and connections to community resources to meet the needs of the child and any sibling under consideration without this assistance.