OAR 413-100-0240: Judicial Finding Requirements for Title IV-E Eligibility

(1) Reasonable efforts determination. The Title IV-E agency must make reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his or her home; to affect the safe reunification of the child and family; and to make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible. (a) Judicial determination of reasonable efforts to prevent a child’s removal from the home. When a child is removed from his or her home, the Title IV-E agency must obtain a judicial determination that reasonable efforts were made or were not required to prevent the removal (pursuant to section (2) of this rule). This judicial determination must be obtained no later than 60 days from the date the child is removed from the home. (b) Judicial determination of reasonable efforts to finalize a permanency plan. The Title IV-E agency must obtain a judicial determination that it has made reasonable efforts to finalize the permanency plan that is in effect within 12 months of the date the child is considered to have entered foster care and at least once every 12 months thereafter while the child is in foster care. (c) Circumstances in which reasonable efforts are not required. Reasonable efforts to prevent a child’s removal from home or to reunify the child and family are not required if the Title IV-E agency obtains a judicial determination that such efforts are not required because a court determines one of the following circumstances exists: (A) The parent has subjected the child to aggravated circumstances including, but not limited to, one of the reasons listed in ORS 419B.340(5)(a); (B) The parent has been convicted in any jurisdiction of one of the crimes listed in ORS 419B.340(5)(b); or (C) The parent’s rights to another child have been terminated involuntarily. (2) Contrary to the welfare or best interest determination. The Title IV-E agency must obtain a judicial determination that continuation in the home would be contrary to the welfare, or that placement would be in the best interest, of the child. (a) When a child is removed pursuant to a court order, the judicial determination must be made in the first court order that sanctions (even temporarily) the removal of a child from home. (b) When a child is removed pursuant to a voluntary placement agreement, the judicial determination must be made no later than 180 days from the date of the child’s placement. (3) Documentation of judicial determinations. (a) The judicial determinations regarding contrary to the welfare, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and must be made on a case-by-case basis and stated in the court order. (b) If the reasonable efforts and contrary to the welfare judicial determinations are not included as required in the court orders identified in sections (1) and (2) of this rule, a transcript of the court proceedings is the only other documentation that will be accepted to verify these required determinations have been made.