OAR 413-110-0000: Definitions

The following definitions apply to OAR chapter 413, division 110. (1) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete. (2) "Appropriateness of adoption" means the determination that a child can be successfully freed, placed, and maintained in an adoptive placement and that adoption is in the best interest of the child. (3) "Approved family" means a family that has been selected for a child in accordance with OAR 413-120-0010 to 413-120-0060. (4) "Child" means a person under 18 years of age. (5) "Committee facilitator" means a Department staff member appointed as a member of the committee to facilitate a permanency or adoption committee meeting. (6) "Compelling reason" means a reason meeting specific criteria and documented in the case plan by the local Department staff for not to file a petition to terminate parental rights of the parents of a child where the Department would otherwise be required to do so under state and federal law. (7) "Date child entered substitute care": Oregon statute and federal law use the date the child is found to be within the jurisdiction of the court under ORS 419B.100 or 60 days from date of removal, whichever is earlier. The Department uses the date of the child's initial substitute care placement for calculating Citizens Review Board reviews, court, or permanency hearings intervals. (8) "Department" means the Department of Human Services, Child Welfare. (9) "Indian child" means any unmarried person who is under age 18 and either: (a) Is a member or citizen of an Indian tribe; or (b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe. (10) "Legal risk placement" means a placement that occurs when the Department believes that an adoption is in the best interests of the child; that the child is placed in an approved adoptive home; and the agency intends to approve this placement for adoption if the child becomes legally free for adoption. (11) "Local Office Permanency/Adoption Committee" means the branch committee responsible for certain permanency and adoptions decisions, as specified in these rules. Members are selected by the local office from among the staff of the Department's field offices. The members must not be involved in the case to be heard. (12) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child. (13) "Permanency/Adoption Council" (Council) means a council consisting of field management staff, permanency and adoption staff, and community partners from several districts, except that the Council in District 2 consists only of representatives from Multnomah County. A Council makes decisions for children whose county of jurisdiction is within their geographic area about appropriateness of adoption as a permanency plan, sibling planning, recruitment, adoption disruptions, and adoption selections referred by the local office. It also may provide permanency staffings to decide whether to place a child with an out-of-state relative resource prior to receipt by the Department of an approved adoption home study. (14) "Permanency/Adoption Council Committee" (Committee) means a committee established by the Permanency/Adoption Council that is responsible for decisions regarding adoptive placement selections that are not the responsibility of the local office or the Department's Adoption Services Unit. The district manager or designee responsible for the local office may delegate a decision to the Committee. Each Committee must include at least three members not involved in the case to be heard by the Committee. There are two types: (a) An ad-hoc committee selected by the child's worker. This committee consists of three people drawn from a pool of qualified permanency and adoption staff designated by the Council. (b) The Standing Permanency/Adoption Committee. This committee is a standing committee of three persons appointed by the Council or the Council chair. Responsibilities of this committee include making decisions, such as those relating to sibling placement planning or current caretaker placement decisions, delegated by the Local Office Permanency/Adoption Committee to the Council. (15) "Permanency committee" means a group of individuals who are responsible for making a recommendation regarding a permanency plan or a potential permanency resource when the child or young adult likely is not returning to his or her parent. (16) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child. Although the plan may change as more information becomes available, the goal is to develop safe and permanent family resources with the parents, relatives, or other people who will assume legal responsibility for the child during the remaining years of dependency and be accessible and supportive to the child in adulthood. (17) "Relative" means any of the following: (a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult or parent: (A) Any genetic relative of preceding generations denoted by the prefixes of grand, great or great-great. (B) An aunt, uncle, nephew, niece, first cousin and first cousin once removed. (C) A spouse of anyone listed in paragraphs (A) to (B) of this subsection, even if a petition for annulment, dissolution or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody. (b) An individual with one of the following relationships to the child or young adult: (A) A sibling, also to include an individual with a sibling relationship to the child or young adult through an alleged genetic parent. (B) An individual defined as a relative by the law or custom of the tribe of the child or young adult, if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe. (C) An individual defined as a relative of a refugee child or young adult under OAR 413-070-0300 to 413-070-0380. (D) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepsibling. (E) A registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult, if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody. (F) The adoptive parent or an individual who has been designated as the adoptive resource of a sibling of the child or young adult. (G) An unrelated parent of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated parent. (c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies as being related to the child or young adult through the parent of the child or young adult genetically, or by adoption or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (C) of subsection (a) of this section, unless the relationship has been dissolved by adoption of the child, young adult or parent. (d) An individual meeting the requirements of at least one of the following: (A) An individual not related to the child, young adult or parent genetically or by adoption or marriage: (i) Who is identified as a member of the family by the child or young adult or by the family of the child or young adult; and (ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody. (B) An individual who has a genetic relationship to the child or young adult as described in paragraphs (A) to (C) of subsection (a) of this section through the genetic parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult or genetic parent, and who is identified as a member of the family by the child or young adult or who self-identifies as a member of the family. (e) For eligibility for the guardianship assistance program: (A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution or separation has been filed, or the marriage to the parent of the child has been terminated by divorce or death. (B) A resource parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when: (i) There is a compelling reason why adoption is not an achievable permanency plan; (ii) The resource parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship; (iii) The resource parent has cared for the child for at least 12 of the past 24 months; and (iv) The Department or Tribe has approved the resource parent for consideration as a guardian. (18) "Sibling" means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways: (a) Genetically or by adoption through a common parent; (b) Through the marriage of the legal or genetic parents of the children or young adults; or (c) Through a legal or genetic parent who is the registered domestic partner of the legal or genetic parent of the children or young adults. (19) "Substitute care" means an out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.