Resources - A Practical Guide to the Indian Child Welfare Act; Native American Rights Fund

Or. Admin. R. 413-020-0050

OREGON ADMINISTRATIVE RULES COMPILATION

CHAPTER 413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

DIVISION 20. CASE MANAGEMENT

VOLUNTARY AGREEMENTS

413-020-0050 Termination of Voluntary Agreement

(1) Either the Department or the parent(s)/guardian(s) who signed the agreement may terminate it by providing 48 hours written notice. The child support agreement may be terminated at the same time by sending a copy of the written termination notice to the Department/CHS Child Support Coordinator.

(2) If a parent(s)/legal guardian(s) requests the termination of the voluntary agreement and the child is in imminent danger, or there is reason to believe the child's welfare is in jeopardy, the child shall be taken into protective custody and the court petitioned for legal custody.

(3) Eligible children under the Indian Child Welfare Act, who have a "Child Placement Agreement" or "Voluntary Custody Agreement" with the Department, are subject to OAR 413-070-0240. Paragraph (5) specifically states that an Indian child shall immediately be released to a parent(s)/Indian custodian upon withdrawal of a voluntary consent. It also states what notification to the court and other actions are required when return to the parent(s)/Indian custodian would place the child in imminent danger or harm.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.015, ORS 418.312 & ORS 419C.080

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 3-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 2-2003, f. & cert. ef. 1-7-03