Department of Human Services
Child Welfare Programs - Chapter 413
Division 80
SUBSTITUTE CARE — TYPES OF SERVICES
413-080-0054
Monthly Face-to-Face Contact Requirements
(1) A child or young adult in a child welfare case.
(a) Except as provided in section (2) of this rule, monthly face-to-face contact with a child or young adult in a child welfare case must be made by one of the following Department staff to ensure the safety, permanency, and well-being of the child or young adult:
(A) The primary caseworker;
(B) The caseworker's supervisor; or
(C) When designated by the caseworker's supervisor as described in OAR 413-080-0067:
(i) Another caseworker or supervisor; or
(ii) A social service assistant.
(b) During the face-to-face contact required in section (1) of this rule, Department staff must:
(A) Ensure the safety, permanency, and well-being of the child or young adult;
(B) Address issues pertinent to case planning and service delivery during the contact;
(C) A photo of the child or young adult must be obtained and updated each year.
(D) Notify a supervisor when he or she determines that the ongoing safety plan or the living environment is insufficient to ensure the safety of the child or young adult to determine if a protective action plan is necessary to ensure safety; and
(E) Notify a certifier when the well-being needs of a child or young adult are not being met in a home certified by Child Welfare, ODDS (Office of Developmental Disabilities Services within the Department), or OYA (the Oregon Youth Authority).
(F) Comply with OAR 413-080-0051 when there is any concern about the safety of a child or young adult.
(G) Comply with OAR 413-080-0052 when there is any concern about a child-caring agency or proctor foster home, including the well-being needs of a child in care not being met by a child-caring agency or proctor foster parent.
(H) Comply with OAR 413-080-0062 when information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking.
(I) Comply with OAR 413-080-0065 when a healthcare provider involved in the delivery or care of an infant identifies the child as a substance affected infant.
(c) Department staff making face-to-face contact must document in the Department's electronic information system:
(A) The date, type, and location of each contact with the child, young adult, parent, or guardian; and
(B) The issues addressed during the contact.
(C) The new or updated photo of the child or young adult.
(d) A face-to-face contact with a child or young adult made by a social service assistant:
(A) May be reported as the required face-to-face contact no more than one time in any three-month period and no more than four times within a year; and
(B) May not be reported as the required face-to-face contact for consecutive months.
(e) Face-to-face contact with a child or young adult in substitute care must occur in the substitute care placement every other month.
(f) When face-to face contact with a child or young adult in substitute care is not possible because the child or young adult is missing, the caseworker must comply with OAR 413-080-0053.
(2) A parent or guardian on a child welfare case.
(a) When there is an in-home ongoing safety plan, Department staff must have monthly face-to-face contact in the home with the parents or guardians living in the home with the child.
(b) A caseworker must have face-to-face contact with the child and the child's parent or guardians within five working days of learning any of the following:
(A) A condition of the ongoing safety plan has been violated.
(B) A change in the protective capacity, the family circumstances, or the composition of the household of a parent or guardian may negatively impact the ongoing safety plan.
(C) The caseworker is assigned a case that had been assigned to another caseworker (case transfer).
(c) Department staff must have monthly face-to-face contact with the parents or guardians, unless a supervisor approves an exception to contact with the non-custodial parent who has an in-home ongoing safety plan or, when there is an out-of-home ongoing safety plan, the parent or guardian is unavailable or the contact could compromise the caseworker's safety. The supervisor's exception must be documented in the Department's electronic information system and must document:
(A) The reason for the exception; and
(B) The length of time the exception is in effect, which is not longer than 90 days unless a longer period is approved by a Child Welfare Program Manager.
(d) During face-to-face contact in the home of a parent or guardian with an infant, as defined in 413-015-0115, the Department must:
(A) Observe and assess the sleep environment of the infant, as defined in 413-015-0115;
(B) Inquire about the sleep practices the family uses anytime the infant, as defined in 413-015-0115, is laid down to sleep;
(C) Engage and educate the family on safe sleep practices;
(D) Support the family in problem solving to reduce sleep related risk; and
(E) Document observations of the sleep environment, any information gathered on sleep practices, whether written information on safe sleep was provided and any efforts to reduce risk in the Department’s electronic information system.
(3) The substitute caregiver.
(a) Department staff described in subsection (1)(a) of this rule must have monthly contact with the certified family or provider.
(b) The face-to-face contact with the child or young adult required in subsection (1)(e) of this rule must include at least one of the certified adults or providers who provide direct care for the child or young adult.
(c) During each face-to-face contact in the home of a certified family providing care for an infant, as defined in 413-015-0115, in the care or custody of the Department, the Department must:
(A) Observe and assess the sleep environment of the infant, as defined in 413-015-0115;
(B) Inquire as to the sleep practices the certified family uses anytime the infant, as defined in 413-015-0115, is laid down to sleep;
(C) Engage and educate the certified family on safe sleep practices, as needed; and
(D) Document observations of the sleep environment, any information gathered from the certified family on their sleep practices and whether written information on safe sleep was provided in the Department’s electronic information system.
(4) A child or young adult placed through ICPC or placed internationally.
(a) When a child or young adult is placed in another state through the ICPC or placed internationally, the caseworker must request that officials from the receiving state or country have monthly face-to-face contact to monitor child safety, permanency, and well-being.
(b) When the receiving state or country's child welfare office is unwilling or unable to have monthly face-to-face contact with the child or young adult, a plan must be developed to meet this requirement.
(c) The caseworker must document in the case file the type and level of contact the receiving state or country will provide and how the contact is sufficient to confirm the safety and well-being of the child or young adult.
(d) The documentation received from the receiving state or country must be filed in the Department's electronic information system.
Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 418.005
History:
CWP 2-2021, amend filed 01/04/2021, effective 01/04/2021
CWP 136-2020, amend filed 08/27/2020, effective 09/01/2020
CWP 114-2018, amend filed 10/31/2018, effective 11/01/2018
CWP 101-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 12/25/2018
CWP 100-2018, temporary amend filed 07/19/2018, effective 07/19/2018 through 12/25/2018
CWP 53-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 29-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
CWP 23-2016, f. & cert. ef. 12-1-16
CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16
CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14
CWP 1-2013, f. & cert. ef. 1-15-13