OAR 413-070-1050: Placement with a Fit and Willing Relative Permanency Plan Reviews

(1) The caseworker must review the placement with a fit and willing relative case plan at least every six months and the review must occur prior to a review by the court or citizen review board as required by ORS 419B.470 and 419A.106(1) respectively. (a) The review must take place in a face-to-face meeting with the child or young adult, and may include members of the team of the child or young adult. (A) When appropriate, the meeting may include a parent or guardian, unless the parent or guardian is not available for the review. When a parent or guardian is unavailable, the caseworker must document the reason the parent or guardian was unavailable and the efforts made to involve the parent or guardian. (B) During the meeting the caseworker must consider input received from the child or young adult and, at the option of the child or young adult, up to two members of the case planning team who are chosen by the child or young adult as described in OAR 413-040-0010(3)(c), other participants in the meeting, and other information received from the child or young adult's service providers, substitute caregivers, attorney, court appointed special advocate, the Indian child's tribe if the child is an Indian child, persons with significant attachments to the child or young adult, and relatives. (b) After the meeting described in subsection (a) of this section, the caseworker must document in the case record: (A) Whether the current placement continues to be the least restrictive setting available to meet the safety and permanency needs of the child or young adult; or (B) Whether a more permanent permanency plan, such as reunification, adoption, or guardianship is more appropriate for the child or young adult. (2) When a placement with a fit and willing relative plan has been approved by the court as the permanency plan for a child or young adult in the legal custody of the Department, the Department must notify the court and request a review or permanency hearing: (a) Not less frequently than once every 12 months while the child or young adult remains in substitute care in accordance with ORS 419B.470(2). (b) Unless good cause is shown, at any time upon the request of the Department, a relative caregiver directly responsible for the care of the child or young adult, a parent of the child or young adult, an attorney for the child or young adult, a court appointed special advocate, a citizen review board, or a tribal court in accordance with ORS 419B.470(5). (c) By the citizen review board no less frequently than every six months in accordance with ORS 419A.106(1)(a) unless the court has relieved the citizen review board of its responsibility to review a case in accordance with ORS 419A.106(1)(b). (d) Within 90 days of a placement change that removes the child or young adult from the placement with the fit and willing relative.