2021 Oregon Revised Statutes
Chapter 418 - Child Welfare Services
Section 418.324 - Independent assessment.


(2) The assessment described in this section may occur prior to the child’s or ward’s placement in the program, but shall occur no later than 30 days following the date of placement.
(3) The assessment described in this section must, at a minimum:
(a) Assess the strengths and needs of the child or ward using an age-appropriate, evidence-based, validated, functional assessment tool;
(b) Determine whether the needs of the child or ward can be met with family members or through placement in a foster family home or, if not, which setting would provide the most effective and appropriate level of care for the child or ward in the least restrictive environment and be consistent with the short-term and long-term goals for the child or ward, as specified in the permanency plan for the child or ward; and
(c) Develop a list of individualized, specific short-term and long-term mental and behavioral health goals.
(4)(a) The qualified individual conducting the assessment shall work in conjunction with the child’s or ward’s family and permanency team, including:
(A) Appropriate biological family members, relatives and fictive kin of the child or ward;
(B) Appropriate professionals who are a resource to the family of the child or ward, including teachers and medical or mental health providers who have treated the child or ward;
(C) Clergy; or
(D) If the child or ward has attained the age of 14 years, individuals selected by the child or ward.
(b) The department shall document the following in the child’s or ward’s case plan:
(A) The reasonable and good faith efforts of the department to identify and include all of the individuals identified in paragraph (a) of this subsection on the child’s or ward’s family and permanency team.
(B) Contact information for members of the child’s or ward’s family and permanency team and for any of the child’s or ward’s family members or fictive kin who are not part of the child’s or ward’s family and permanency team.
(C) Evidence that meetings of the family and permanency team, including meetings related to the required assessment, are held at a time and place convenient for the child’s or ward’s family.
(D) If reunification is the goal, evidence demonstrating that the parent from whom the child or ward was removed provided input on the members of the family and permanency team.
(E) Evidence that the assessment is determined in conjunction with the family and permanency team.
(F) If the setting recommended by the qualified individual conducting the assessment is different than the placement preferences of the family and permanency team and of the child or ward, the reasons why the preferences of the team and of the child or ward were not recommended.
(5) If the qualified individual conducting the assessment determines the child or ward should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the child or ward cannot be met by the family of the child or ward or in a foster family home. A shortage or lack of foster family homes is not a valid reason for not placing a child or ward in a foster family home under this subsection. The qualified individual shall specify in writing why the recommended placement in a qualified residential treatment program is the setting that will provide the child or ward with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child or ward, as specified in the child’s or ward’s permanency plan.
(6) As used in this section:
(a) "Fictive kin" has the meaning given that term by the department by rule.
(b) "Qualified individual" means an individual who is:
(A) A trained professional or licensed clinician;
(B) Not an employee of the department or of the Oregon Health Authority; and
(C) Not connected to, or affiliated with, any placement setting in which children or wards are placed by the department. [2020 s.s.1 c.19 §13b]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 418 - Child Welfare Services

Section 418.005 - Powers of department in connection with child welfare services; rules; advisory committee.

Section 418.015 - Custody and care of needy children by department.

Section 418.016 - Criminal records checks required for caregivers of children and for other persons in household; rules.

Section 418.017 - Parent allowed to anonymously leave child at authorized facility; facility immunity; notification to department.

Section 418.018 - Department required to inform public about ORS 418.017 and affirmative defense; funding.

Section 418.025 - Prevention, reduction or control of juvenile delinquency by county programs and activities.

Section 418.027 - Agreements for custody, care or treatment; rules.

Section 418.032 - Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities.

Section 418.034 - Department responsible for costs of medical care of certain children in detention or lockup facilities; recovery of costs; obtaining additional funds.

Section 418.036 - Child welfare report.

Section 418.039 - Policy on prohibited disqualifications of child welfare services providers.

Section 418.041 - Governor’s Child Foster Care Advisory Commission; terms; compensation.

Section 418.043 - Membership of commission; meetings.

Section 418.044 - Functions and duties of commission; rules.

Section 418.046 - Advisory or technical committees; Child Welfare Equity Advisory Committee.

Section 418.194 - Scheduling visitation around school attendance; records.

Section 418.200 - Definitions.

Section 418.201 - Legislative intent.

Section 418.202 - Oregon Foster Children’s Bill of Rights; rules.

Section 418.203 - Prohibitions on discipline or retaliation for speaking about services received.

Section 418.205 - Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998.

Section 418.210 - Application of ORS 418.205 to 418.327.

Section 418.215 - Child-caring agency to be licensed, certified or authorized.

Section 418.240 - Licensing, certification and authorization criteria; duration; fees; rules.

Section 418.246 - Bond for outdoor youth program licensure.

Section 418.248 - Certification of proctor foster homes; rules.

Section 418.255 - Inspection and supervision; training; rules.

Section 418.256 - Interference with disclosure of information; rules.

Section 418.257 - Definitions for ORS 418.257 to 418.259.

Section 418.258 - Report of suspected abuse; notifications; investigation.

Section 418.259 - Investigation of suspected abuse; findings; notifications; reports.

Section 418.260 - Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies.

Section 418.262 - Minimum staffing required for licensing, inspection and investigation; rules.

Section 418.265 - Reports; audit.

Section 418.270 - Surrender of child to child-caring agency; consent to adoption; time for adoption proceedings; effect of release and surrender.

Section 418.275 - Child-caring agency as guardian of child; power of agency.

Section 418.280 - Placement of children.

Section 418.295 - Certain attorneys not to represent prospective adoptive parents; employees not to recommend any attorney to prospective adoptive parents.

Section 418.305 - Access to child receiving care or services.

Section 418.307 - Medical or dental treatment of children without consent; conditions; immunity of treating personnel.

Section 418.312 - When transfer of custody not required; voluntary placement agreement; review of children placed in certain institutions.

Section 418.318 - Authority to pay for qualified residential treatment programs.

Section 418.319 - Goal regarding placed children receiving federal assistance.

Section 418.321 - Out-of-state child-caring agency; contract requirements; licensing; transport of child; placement of juvenile offenders; rules.

Section 418.322 - Placement in congregate care residential setting; limitations.

Section 418.323 - Qualified residential treatment program; rules.

Section 418.324 - Independent assessment.

Section 418.325 - Medical examinations required; frequency; child’s health record; other health care; explanation to adoptive parents.

Section 418.327 - Licensing of private residential boarding schools; fees.

Section 418.330 - Payments to adoptive parents or guardians; conditions; limitations.

Section 418.335 - Determination of eligibility for payments; review; hearing.

Section 418.345 - Adoption Applicable Child Savings Fund.

Section 418.351 - Definitions for 418.351 to 418.357.

Section 418.353 - Residential care referrals; disclosures; limitations; compensation; penalties.

Section 418.357 - Residential care referral agents; registration; rules; penalties.

Section 418.359 - Referrals to secure transportation services providers; disclosure.

Section 418.470 - Authority to pay for shelter-care homes.

Section 418.475 - Independent residence facilities; extent and nature of agreement between person and department.

Section 418.495 - Authority to purchase care; agreement content; payment standards for foster care; rules.

Section 418.517 - Procedures for use of psychotropic medications for children in foster care; rules; hearing.

Section 418.519 - Definitions for ORS 418.519 to 418.532.

Section 418.521 - Prohibitions on restraint and involuntary seclusion of children in care.

Section 418.523 - Permissible use of restraint or involuntary seclusion of child in care.

Section 418.526 - Program procedures; record keeping; notices following use of restraint or involuntary seclusion; reports.

Section 418.528 - Quarterly reports; public access to reports; notices.

Section 418.529 - Training standards and certification; instructor qualifications; continuing education; rules.

Section 418.532 - Notices to children in care.

Section 418.575 - Definitions for ORS 418.575 to 418.598.

Section 418.578 - Legislative findings.

Section 418.580 - Strengthening, Preserving and Reunifying Families programs; implementation; contracts; services provided; rules; training; funding; annual report.

Section 418.585 - Strengthening, Preserving and Reunifying Families Program Fund.

Section 418.590 - Waiver of federal requirements; plan for reinvesting savings and combining resources.

Section 418.595 - Placement and referral to program to be considered in reasonable or active efforts determination; written explanation.

Section 418.598 - Rules.

Section 418.606 - Definitions.

Section 418.607 - Legislative intent.

Section 418.608 - Oregon Foster Children’s Sibling Bill of Rights; rules.

Section 418.609 - Applicability of Indian Child Welfare Act.

Section 418.625 - Definitions for ORS 418.625 to 418.645.

Section 418.627 - Placement consistent with the Indian Child Welfare Act.

Section 418.640 - Supervision of foster homes; foster and adoptive parent training; rules; law enforcement officer training.

Section 418.642 - Confidentiality of information about person who maintains foster home; exceptions; rules.

Section 418.644 - Interference with disclosure of information; rules.

Section 418.647 - Foster care payments.

Section 418.648 - Rights of foster parents.

Section 418.650 - Policy; purpose.

Section 418.653 - Oregon Youth Corps; advisory board; appointment; term; duties.

Section 418.657 - Duties of program director; participant eligibility; rules; staff.

Section 418.658 - Oregon Community Stewardship Corps; projects; tuition vouchers for program participants; sponsors; criteria; rules.

Section 418.660 - Projects; consistency with public land law.

Section 418.663 - Employment goals.

Section 418.691 - Definitions for ORS 418.691 to 418.701.

Section 418.696 - Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors.

Section 418.699 - Additional duties or liabilities not imposed on youth sports providers.

Section 418.701 - Youth sports providers authorized to request criminal background checks from Department of State Police.

Section 418.702 - Training and continuing education for mandatory reporters; notice to persons required to report child abuse.

Section 418.706 - State Technical Assistance Team for child fatalities; duties.

Section 418.708 - Child’s savings account; establishment; capacity to contract; parental consent; liability of financial institution; monitoring of account.

Section 418.712 - Definitions for ORS 418.714 and 418.718.

Section 418.714 - Domestic violence fatality review teams.

Section 418.718 - Statewide team.

Section 418.726 - Youth Suicide Intervention and Prevention Advisory Committee.

Section 418.731 - Youth Suicide Intervention and Prevention Coordinator; duties.

Section 418.733 - Updates to Youth Suicide Intervention and Prevention Plan; content.

Section 418.735 - Plan for communication among local mental health authorities regarding certain suicides; Oregon Health Authority notification; authority as resource; notice of death suspected to be suicide.

Section 418.746 - Child Abuse Multidisciplinary Intervention Account; uses; eligibility determination; plans; rules.

Section 418.747 - County teams for investigation; duties; training; method of investigation; designated medical professional.

Section 418.748 - Statewide team on child abuse and suicide.

Section 418.751 - Training and education for persons investigating child abuse.

Section 418.780 - Purpose.

Section 418.782 - Definitions for ORS 418.746 to 418.796.

Section 418.783 - Child Abuse Multidisciplinary Intervention Program.

Section 418.784 - Advisory Council on Child Abuse Assessment; membership; officers; meetings; quorum.

Section 418.785 - Child fatality review teams.

Section 418.786 - Grant program.

Section 418.788 - Grant application; criteria for awarding grants; rules.

Section 418.790 - Application contents for regional centers; rules.

Section 418.792 - Application contents for children’s advocacy center.

Section 418.793 - Report to Child Abuse Multidisciplinary Intervention Program; rules.

Section 418.794 - Confidentiality of video recordings.

Section 418.795 - Confidentiality of information and records.

Section 418.796 - Authority of council to solicit and accept contributions.

Section 418.800 - Review of certain cases by county child abuse multidisciplinary team.

Section 418.804 - Short title.

Section 418.806 - Policy.

Section 418.808 - Critical incident.

Section 418.811 - Team assignment and membership; rules.

Section 418.813 - Report.

Section 418.816 - Critical Incident Review Team website.

Section 418.927 - When refugee child may be removed from home; placement.

Section 418.933 - Judicial determination on removal required.

Section 418.937 - Placement decision; order of preference for placement.

Section 418.939 - Record for refugee child; content.

Section 418.941 - Refugee Child Welfare Advisory Committee; duties; access to juvenile records.

Section 418.950 - Definitions for ORS 418.950 to 418.970.

Section 418.955 - Policy.

Section 418.960 - City and county siting of child-caring facilities; applications; denial procedure; proof of facility qualifications.

Section 418.965 - Approval or denial of applications.

Section 418.976 - Definitions for ORS 418.976 to 418.981.

Section 418.978 - System of Care Advisory Council.

Section 418.979 - Purpose; duties; rules.

Section 418.981 - Children’s System Data Dashboard; rules.

Section 418.983 - System of Care Account.

Section 418.984 - Interdisciplinary assessment teams.

Section 418.990 - Criminal penalties.

Section 418.991 - Penalty for interference with disclosure of information.

Section 418.992 - Civil penalty; rules.

Section 418.993 - Procedure.

Section 418.995 - Factors considered in imposing penalty.

Section 418.998 - Disposition of penalties.