OAR 413-208-0000: Definitions

Unless the context indicates otherwise, the following definitions apply to OAR Chapter 413, Division 208: (1) "Adoption" means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who is not already the child's legal parent and terminates the legal parent-child relationship between the adopted child and any former parent. (2) "Adoption home study" means an evaluation of the potential adoptive resource's suitability to adopt and parent a child who may be placed for adoption that is completed prior to the filing of a petition to adopt, in accordance with the Department's reporting format and standards, and states whether or not the potential adoptive resource meets the minimum standards for adoptive homes. (3) "Adoption placement selection" means a decision made by the Department that an individual or individuals have been identified as the adoptive resource for the child. (4) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive parent or parents 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 was sustained by that review and the review is complete. (5) "Applicant" means any individual who applies: (a) To become or remain a resource parent; (b) To change certification type; or (c) For approval through the Department as a potential adoptive resource. (6) "Authorized designee" means a Department employee who is designated and authorized by the Department to receive and process criminal records check request forms from subject individuals, receive criminal records information from the Background Check Unit, and make fitness determinations as described in these rules. (7) "Battery" means the use of physical force to injure, damage, or abuse or to cause offensive physical contact. (8) "Certificate of Approval" means a document the Department issues to a certified resource parent to approve the operation of a home to provide care for a child in the care or custody of the Department. (9) “Certified Respite Provider” means an individual certified by the Department to provide certified respite care to a child being served in their home through an open child welfare case or a child in the care or custody of the Department. (10) "Child" means a person who: (a) Is a person under 18 years of age; or (b) Is a child in care, as defined in ORS 418.257 as a person under 21 years of age residing in or receiving care or services from: (A) A child-caring agency or proctor foster home; (B) A foster home certified by the Department; or (C) A developmental disabilities residential facility; unless (D) The care is being provided to the child by child's parent (ORS 418.257). (11) "Child care" means the supervision of a child in the care or custody of the Department by a licensed, approved, or listed provider when care is required due to the employment or educational program of the resource parent. (12) "Child-Specific Non-Relative Certificate of Approval" means a document the Department issues to a resource parent to approve the operation of a home to provide care for a specific child in the care or custody of the Department and for whom the Department determines a placement is needed. (13) "Contested case hearing" means a hearing conducted under ORS chapter 183 and applicable administrative rules. (14) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled and disseminated by the Oregon Department of State Police (OSP) , or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual’s records of arrests, the nature and disposition of criminal charges, sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release. It also includes the OSP Computerized Criminal History System. (15) "Criminal records check" means obtaining and reviewing criminal records as required by these rules and includes any or all of the following: (a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information obtained from other sources. (b) A national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI) The national criminal records check may also include a review of other criminal records information. (c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information sources located in, or regarding, a state or jurisdiction outside Oregon. (16) "Department" means the Oregon Department of Human Services, Child Welfare. (17) "Fitness determination" means the decision made by an authorized designee, with regard to information obtained through a criminal records check, to either approve or deny a subject individual under these rules. (18) "Home study" means a document containing an analysis of the ability of the applicant or relative applicant to provide safe and appropriate care of a child or young adult. For OAR 413-120-0190 to 413-120-0246 “Home study” means a written evaluation of the potential adoptive resource's suitability to adopt and parent a child who may be placed for adoption. The "home study" is completed prior to the filing of a petition to adopt, in accordance with the Department's reporting format and standards, and states whether or not the potential adoptive resource meets the minimum standards for adoptive homes. (19) "Member of the household" means any adult or child living in the home excluding a child in the care or custody of the Department. (20) "OSP" means the Oregon State Police. (21) "Other criminal records information" means information obtained and used in the criminal records check process that is not criminal offender information from OSP. "Other criminal records information" includes but is not limited to police investigations and records, information from local or regional criminal records information systems, justice records, court records, information from the Oregon Judicial Information Network, sexual offender registration records, warrants, Oregon Department of Corrections records, Oregon Department of Transportation's Driver and Motor Vehicle Services Division information, information provided on the background check requests, disclosures by a subject individual, and any other information from any jurisdiction obtained by or provided to the Department for the purpose of conducting a fitness determination. (22) "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. (23) "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 (C) 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. (24) "Relative Applicant" means any individual who is defined as a "relative" under OAR 413-120-0000 who applies: (a) To become a Relative Resource Parent; (b) For approval through the Department as a potential adoptive resource; or (25) "Relative Resource Parent" means a person defined as a "relative" under OAR 413-070-0000 who operates a home approved by the Department to provide care for a related child in the care or custody of the Department. A “relative resource parent” is a “relative caregiver” as that term is used in ORS Chapter 418. (26) “Relative Certificate of Approval” means a document the Department issues to a relative resource parent to approve the operation of a home to provide care for a relative child and for whom the Department determines a placement is needed. (27) "Resource parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child in the care or custody of the Department. (28) "Respite care" means an arrangement to relieve a family with an open child welfare case or a resource parent of their responsibilities by a person temporarily assuming responsibility for the care and supervision of a child. (29) "Subject individual” means an individual on whom the Department may conduct a criminal records check and from whom the Department may require fingerprints and other information for the purpose of conducting a criminal records check. (30) "Violence" means the use of physical force to injure, damage, or abuse. (31) "Weighing test" means the process in which an authorized designee considers available information to make a fitness determination when a subject individual has a criminal conviction. (32) "Young adult" means a person aged 18 through 20 years.