Making the Findings

Considerations in
Making the CRB Findings

WARNING:

Please do not read this as a guide of what topics must be covered under each finding,

but as a guide to what important issues/rules/laws may come up or may be relevant at a CRB review.

Finding 1:
"Has ODHS ensured that appropriate services are in place to safeguard the child's safety, health and well-being?"

Foster Child's Bill of Rights - ORS 418.201
SAFETY

ODHS must see children face-to-face monthly, and at least every other month in their placement. OAR 413-080-0054
When a child is allegedly abused in foster care, ODHS must report it to CPS and notify the parents/their attorneys and the child's attorney/CASA within 3 days, and take other actions. ORS 419B.015
Supervision Planning
- When a Supervision Plan is required and what its development should entail. OAR 413-020-0233, et al.
- CANS Assessment Info Guide

HEALTH

List of required assessments when a child enters foster care: OAR 413-015-0465
Vision/hearing screenings also required when child under 6 enters care. ORS 418.325(4)(b)(B)
Ongoing preventive care required. ODHS Child Welfare Procedure Manual Ch. 5, Sec. 21: Medical Care Services and ORS 418.325(1)
ODHS must provide the child with any services/treatment recommended in their CANS and health assessments. OAR 413-015-0465(2)
Psychotropic Medications

Mental Health Assessment Required OAR 413-070-0430(7)
Annual Psychotropic Medication Review Required OAR 413-070-0430(9)

Immunizations

Required within 90 days. ODHS Child Welfare Procedure Manual Ch. 5, Sec. 21: Medical Care Services and ORS 418.325(4)(a)
If parental consent is not granted for child vaccinations, procedure to follow: ODHS Child Welfare Procedure Manual Ch. 5, Sec. 21: Medical Care Services: Immunizations and Vaccinations

WELL-BEING

Positive Childhood Experiences (PCEs): Cumulative Resiliency in the Face of Adverse Childhood Experiences (ACEs) - Academy of Criminal Justice Sciences
Teens

What is Required for Teens in Foster Care - Chart
ODHS must create a Comprehensive Transition Plan for every youth age 14+ within 90 days (OAR 413-030-0445) and they must be reviewed/updated every 90 days after that (OAR 413-030-0449(2)(b)).
ODHS must provide teens age 14+ with annual credit reports. OAR 413-030-0456(2)(a)
ODHS must provide certain health information (OAR 413-030-0456) and convene a Benchmark Review for each teen at age 17.5 (OAR 413-030-0454).
ODHS must provide a teen with their foster care information, health and education records, and all original identifying documentation at least 60 days prior to case dismissal/aging out. OAR 413-030-0460

Family Contact

Should children have contact with their parents while in foster care? What about other relatives?

Family Time and Visitation for Children and Youth in Out-of-Home Care - US Dept. of Health and Human Services Administration on Children, Youth and Families
Childhood Family Connection and Adult Flourishing: Associations Across Levels of Childhood Adversity - (Link to abstract only to see results/conclusion; Full article available for purchase.) Academic Pediatrics Journal

ODHS has a responsibility to arrange "frequent" contact between child and family OAR 413-070-0800 starting during the CPS process as soon as an out-of-home safety plan is developed OAR 413-015-0460.
"When [ODHS] resources alone cannot meet the visit and contact needs of the parent and child or young adult, the caseworker must solicit help from family and community resources." OAR 413-070-0830(3)
Visitation should be scheduled outside of a child's school day to the extent possible. ORS 418.194
Child has a right to contact.

Oregon Foster Child's Sibling Bill of Rights

Visitation Rights OAR 413-070-0830

Education

IEPs and 504 Plans Guide
ODHS must explore public preschool education, Early Intervention, and appropriate post-secondary education or training opportunities for youth in care. OAR 413-105-0080

Finding 2:
"Has ODHS taken appropriate steps to ensure that 1) the substitute care provider is following the reasonable and prudent parent standard, and 2) the child has regular, ongoing opportunities to engage in age appropriate or developmentally appropriate activities?"

“Reasonable and prudent parent standard” is the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities. OAR 413-070-0000(76) and ORS 419B.194(1)(b)
What is this finding really about? - American Bar Assoc. article

Finding 3:
"Has ODHS made diligent efforts to place the child with a relative or person who has a caregiver relationship?"

Why?

Kinship Care is Better for Children - American Bar Assoc. article

"Relative" defined: OAR 413-070-0000; See definition (79).
"Person who has a caregiver relationship" defined: OAR 413-070-0000; See definition (10).
Diligent Efforts: Relative Search

ODHS must begin relative search immediately in every case, during the CPS process (OAR 413-070-0069(1)), and must contact core relatives within 30 days of the child's removal (OAR 413-070-0072).
ODHS must respond to relatives within 15 days. OAR 413-070-0072(4)
ODHS must review/update relative search frequently throughout the case at specific junctures, including reviewing/updating relative search no more than 30 calendar days prior to any CRB/court hearing. OAR 413-070-0081

Finding 4:
"Has ODHS made reasonable efforts to provide services to make it possible for the child to safely return home and to finalize the permanency plan of reunification?"

Services to Children

Consider the findings/issues identified under CRB Finding 1 (about appropriate services to children). Reasonable efforts to provide services to make it possible for the child to safely return home includes analysis of the sufficiency of services offered to the children, as well as those offered to the parents.

Reasonable Efforts

CRB Reasonable Efforts Guide - Based on Oregon Court of Appeals rulings and other applicable law.
Reasonable Efforts from a Judge's Perspective - Judge Leonard Edwards
Reasonable and Active Efforts - ODHS Child Welfare Procedure Manual

Parent Engagement

Case Plan - ODHS must create a case plan as soon as possible (no later than 60 days after entry into care), review it with the parent at least every 90 days, and have the parent sign the case plan. OAR 413-040-0010 and ODHS Child Welfare Procedure Manual Ch. 4, Sec. 7: Document the Child Welfare Case Plan: Procedure (and following sections)

Action Agreements - ODHS develops a time-limited (regularly updated) action agreement with the parent in conjunction with the case plan. OAR 413-040-0011 and ODHS Child Welfare Procedure Manual Ch. 4, Sec. 8: Develop an Action Agreement
Letter of Expectation - If the parent will not engage and sign the case plan/Action Agreement, the agency sends a Letter of Expectation instead within 7 days after the Supervisor signs the case plan without the parent's participation. ODHS Child Welfare Procedure Manual Ch. 4, Sec. 7: Document the Child Welfare Case Plan: Procedure (and following sections)

Face-to-Face Contact - ODHS must make/attempt face-to-face contact at least monthly with every parent, including those incarcerated. OAR 413-080-0054
Family Engagement Meetings (FEMs) - ODHS must schedule a FEM within 60 days of a child entering care, even if the parents do not attend. OAR 413-040-0008

Lack of facilitator does not alter the requirement to have a FEM. If a Family Engagement Facilitator "is not available, the meeting may be facilitated by another staff member." ODHS Child Welfare Procedure Manual Ch. 4, Sec. 6: Conduct Facilitated Meetings: The Family Engagement Meeting

Reasonable Efforts to Prevent Removal (a CRB sub-finding made only at the first review of any case) - CRB training taught by ODHS.

Finding 5:
"Has ODHS made reasonable efforts in accordance with the case plan to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement?"

Reasonable Efforts - Please see above for "reasonable efforts" resources.
Adoption / Guardianship Cases

TPR - ODHS must file a petition to terminate the parents’ rights when the child has been in care for 15 of the last 22 months (unless certain exceptions apply): OAR 413-110-0240
Offer Mediation - ODHS must discuss with parents and resource parents the cooperative adoption planning process available through mediation and refer them to mediation (to develop a post-adoption parent-child contact agreement) if they desire. OAR 413-120-0635
Reasonable Efforts to Finalize Adoptions - CRB training taught by ODHS.
Reasonable Efforts to Finalize Guardianships - CRB training taught by ODHS.

APPLA / Placement With a Fit and Willing Relative Cases

Services to the child (CRB Finding 1) are relevant, as well as the agency's efforts to place the child in a living situation that will be indefinite.

Estimated Date to Leave Care - The CRB must inquire as to what ODHS estimates is a likely date that the child will leave foster care (ie, the date that their permanency plan will finalize or they will age out). ORS 419A.116(g)

In reunification cases, use the date expected to leave care listed in the case plan instead of inquiring at the CRB review.

Finding 6:
"Is the parent making sufficient progress to make it possible for the child to safely return home within a reasonable time?"

Progress? Progress at what?

The Oregon Juvenile Dependency Benchbook is a guide for judges and explains how to make each of their required findings. When assessing parental progress at review hearings, judges are advised to inquire about what progress the parent has made “toward ameliorating the basis of jurisdiction.” This is because when the basis for jurisdiction is ameliorated, the court cannot keep a child away from their parents and the child is able to safely return home. So, the basis for jurisdiction also guides our analysis under CRB Finding 6.

"Within a Reasonable Time"

The Oregon Juvenile Dependency Benchbook for judges defines a “reasonable time” as a period of time that is reasonable given a child’s emotional and developmental needs and ability to form and maintain lasting attachments. ORS 419A.004(26) The court/CRB considers the child’s particular needs and circumstances and any barriers the parents might face.

For example: Whether the child's placement in substitute care would be unacceptably long given her age; the amount of time the child has already spent in foster care; the child's unique permanency needs; how long the parent would have to remain in services before the child could safely return home, and how such a delay would impair the child's best interests; whether the parent suffers from drug or alcohol addiction, or that the parent has mental health issues that are too severe to alleviate within the foreseeable future; and the parent's participation and progress in services at the time of the hearing. Dept. of Human Services v. D.I.R., 285 Or App 60 (2017)

Finding 7:
"Has ODHS made sufficient efforts in developing the concurrent permanency plan?"

Concurrent Planning Guide
ODHS must involve the following parties in concurrent planning:

Parents OAR 413-070-0512(1)
Youth age 14+ OAR 413-070-0512(1)
Resource parents, must inquire about concurrent planning/whether they are a permanent resource for the child OAR 413-070-0645

Relative Search

Please see resources about relative search efforts above under CRB Finding 3. All relative search efforts are relevant to concurrent planning as well.

Finding 8:
"Is ODHS in compliance with the case plan and court orders?"

To get a positive finding here, all rules/laws/procedures are relevant. ODHS must:

...have gotten positive findings on all other findings at this CRB review,
...must be in compliance with all court orders and prior CRB recommendations (unless ODHS stated in writing within 17 days of receiving the report that they were not going to implement a recommendation), and
...must be in compliance with the goals of the case plan (including any laws, rules, or procedures necessary to implement the plan).

ODHS should have provided all requested documents for each review, and it is difficult to make a positive finding here if the required documents were not submitted by ODHS and reviewed by the board.

Note that by Oregon law, each local CRB "shall have access to: ...Any records of the Department of Human Services that would be admissible in a permanency hearing..., including school records and reports of private service providers contained in the records of the department or other agency. All requested records ...shall be submitted [to the CRB] by the department within five working days after receipt of the [CRB's] request." ORS 419A.102(1)(b)

Finding 9:
"Is the permanency plan the most appropriate plan for the child?"

Permanency Plan Options

Finding 10:
"Is there a continuing need for placement?"

There is not a continuing need for out-of-home placement, and ODHS should return a child "to a parent or guardian after the caseworker has... verified that: The Conditions for Return in the case plan have been met," and verified there are no safety concerns with others in the home. OAR 413-040-0017

Learn about the four Conditions for Return in the ODHS Child Welfare Procedure Manual, Ch. 4, Appendix 4.1b: In-Home Criteria and Conditions for Return Guide

Making the Findings

Considerations in
Making the CRB Findings

Finding 1:
"Has ODHS ensured that appropriate services are in place to safeguard the child's safety, health and well-being?"

Finding 2:
"Has ODHS taken appropriate steps to ensure that 1) the substitute care provider is following the reasonable and prudent parent standard, and 2) the child has regular, ongoing opportunities to engage in age appropriate or developmentally appropriate activities?"

Finding 3:
"Has ODHS made diligent efforts to place the child with a relative or person who has a caregiver relationship?"

Finding 4:
"Has ODHS made reasonable efforts to provide services to make it possible for the child to safely return home and to finalize the permanency plan of reunification?"

Finding 5:
"Has ODHS made reasonable efforts in accordance with the case plan to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement?"

Finding 6:
"Is the parent making sufficient progress to make it possible for the child to safely return home within a reasonable time?"

Finding 7:
"Has ODHS made sufficient efforts in developing the concurrent permanency plan?"

Finding 8:
"Is ODHS in compliance with the case plan and court orders?"

Finding 9:
"Is the permanency plan the most appropriate plan for the child?"

Finding 10:
"Is there a continuing need for placement?"

Making the Findings

Considerations inMaking the CRB Findings

Finding 1:"Has ODHS ensured that appropriate services are in place to safeguard the child's safety, health and well-being?"

Finding 2:"Has ODHS taken appropriate steps to ensure that 1) the substitute care provider is following the reasonable and prudent parent standard, and 2) the child has regular, ongoing opportunities to engage in age appropriate or developmentally appropriate activities?"

Finding 3:"Has ODHS made diligent efforts to place the child with a relative or person who has a caregiver relationship?"

Finding 4:"Has ODHS made reasonable efforts to provide services to make it possible for the child to safely return home and to finalize the permanency plan of reunification?"

Finding 5:"Has ODHS made reasonable efforts in accordance with the case plan to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement?"

Finding 6:"Is the parent making sufficient progress to make it possible for the child to safely return home within a reasonable time?"

Finding 7:"Has ODHS made sufficient efforts in developing the concurrent permanency plan?"

Finding 8:"Is ODHS in compliance with the case plan and court orders?"

Finding 9:"Is the permanency plan the most appropriate plan for the child?"

Finding 10:"Is there a continuing need for placement?"

Considerations in
Making the CRB Findings

Finding 1:
"Has ODHS ensured that appropriate services are in place to safeguard the child's safety, health and well-being?"

Finding 2:
"Has ODHS taken appropriate steps to ensure that 1) the substitute care provider is following the reasonable and prudent parent standard, and 2) the child has regular, ongoing opportunities to engage in age appropriate or developmentally appropriate activities?"

Finding 3:
"Has ODHS made diligent efforts to place the child with a relative or person who has a caregiver relationship?"

Finding 4:
"Has ODHS made reasonable efforts to provide services to make it possible for the child to safely return home and to finalize the permanency plan of reunification?"

Finding 5:
"Has ODHS made reasonable efforts in accordance with the case plan to place the child in a timely manner and to complete the steps necessary to finalize the permanent placement?"

Finding 6:
"Is the parent making sufficient progress to make it possible for the child to safely return home within a reasonable time?"

Finding 7:
"Has ODHS made sufficient efforts in developing the concurrent permanency plan?"

Finding 8:
"Is ODHS in compliance with the case plan and court orders?"

Finding 9:
"Is the permanency plan the most appropriate plan for the child?"

Finding 10:
"Is there a continuing need for placement?"