OAR 413-070-0670: Approval and Implementation of a Guardianship Permanency Plan

(1) Subject to OAR 413-070-0518, when the Department is considering a change in a child's permanency plan, the Department makes the determination pursuant to OAR 413-070-0500 to 413-070-0519, and the child's caseworker schedules a permanency committee. This does not apply to a guardianship under OAR 413-070-0668. (2) The permanency committee must review all of the information presented to the committee and make recommendations to the Child Welfare Program Manager or designee regarding: (a) Whether guardianship is an appropriate permanency plan for the child; and (b) Whether the substitute caregiver can meet the child's needs as described in subsection (3)(c) of this rule and should be considered as a potential guardian. (3) The Child Welfare Program Manager or designee must decide whether guardianship is the appropriate permanency plan for the child based upon: (a) How a permanency plan of guardianship meets the child's needs, and the requirements of OAR 413-070-0660(1) and (2) and OAR 413-070-0665(2) and (3); (b) Whether the Department has provided the child and the child's parents an opportunity to identify available permanency; and (c) Whether the substitute caregiver being considered as the potential guardian is able to meet the child's needs pursuant to OAR 413-070-0640. (4) Following the Child Welfare Program Manager or designee decision to approve guardianship as a permanency plan, the caseworker must: (a) Request a permanency hearing before the court within 30 days of the decision. (b) Prior to the court hearing, provide the court with supporting written documentation regarding the Department's position that: (A) Guardianship is in the child's best interest; and (B) Neither placement with parents nor adoption is an appropriate plan. (5) At the court hearing, the caseworker must: (a) Recommend that the court approve changing the child's permanency plan to guardianship; (b) Inform the court whether or not the potential guardian is applying for guardianship assistance; and (c) When guardianship assistance is being requested, inform the court that after the Department has negotiated the amount or type of guardianship assistance with the potential guardian, a subsequent court hearing will be requested to allow the order of guardianship to be entered. (6) Prior to the court hearing to request the final order of guardianship, the Department must document in the case record that the caseworker, supervising worker, if any, and the certifier for the potential guardian recommends the finalization of the guardianship.