OAR 413-110-0020: Eligibility Criteria for Legal Risk Placement

A child may be placed in a legal risk placement when all of the following conditions have been met: (1) The child is a ward of the court and is in substitute care and the Department has determined that adoption is an appropriate permanency plan for the child according to the procedures outlined in OAR 413-110-0300 to 413-110-0360. (2) In accordance with OAR 413-070-0060 to 413-070-0093, the Department has considered all parents and relatives and has either determined none of them is a suitable permanent placement for the child or has selected one relative who meets the requirements of OAR 413-070-0060 to 413-070-0093 as the resource for a legal risk placement. (3) The Department's legal assistance specialist has assessed the status of the child and has determined that a plan to free the child for adoption is in the best interests of the child. (4) The Department has determined, in accordance with OAR 413-110-0300 to 413-110-0360, that adoption is an appropriate permanency plan for the child, and an approved adoptive home has been selected according to the process outlined in OAR 413-120-0010 to 413-120-0060. (5) The Adoption Services Unit has reviewed and approved the plan. (6) In the case of an out-of-state placement, prior to approval and designation of the child's legal risk placement: (a) The Department has notified the court and has obtained its approval of the plan to place the child out of state; (b) If the out-of-state placement is made through a private agency, the Department has a signed contract with the placing agency in the receiving state; and (c) The Department has obtained verification that the child will receive medical coverage by the receiving state.