Chapter 801
AN ACT
SB 282
Relating to the maintenance of familial
relationships of persons in the juvenile system; amending ORS 418.495 and
418.625.
Be It Enacted by the People of
the State of
SECTION 1. ORS 418.495 is amended to read:
418.495. (1)
Within the limits of funds available therefor, the Department of Human Services
may enter into agreements with licensed child-caring agencies and other
appropriate facilities, including youth care centers, for the purchase of care for
children who require and are eligible for such care, regardless of whether the
children are wards of the state or whether the department is their guardian or
has their custody or whether the children are surrendered to a child-caring
agency or committed thereto by order of a court under ORS chapter 419B or 419C.
The agreement shall prescribe the procedures for payment, the rate of payment
and may contain such other conditions as the department and the agency or
facility may agree.
(2) The department shall
by rule adopt payment standards for foster care. In establishing standards, the
department may take into account the income, resources and maintenance
available to and the necessary expenditures of a foster parent who is a
relative, as defined by rule, of the child placed in care.
SECTION 2. ORS 418.625 is amended to read:
418.625. As used in ORS
418.625 to 418.645:
(1) “Certificate” means
a written approval to operate a foster home issued by the Department of Human
Services on a form prescribed by the department that states the name of the
foster parent, the address of the premises to which the certificate applies and
the maximum number of children to be maintained or boarded in the foster home
at any one time.
(2) “Department” means
the Department of Human Services.
(3) “Foster home” means
any home maintained by a person who has under the care of the person in [such] the home any child under
the age of 21 years [not related to the
person by blood or marriage and] unattended by [its] the child’s parent or guardian, for the purpose of
providing [such] the child
with care, food and lodging, but does not include:
(a) Any boarding school
that is essentially and primarily engaged in educational work;
(b) Any home in which a
child is provided board and room by a school board;
(c) Any foster home
under the direct supervision of a private child-caring agency or institution
certified by the department;
(d) Any home under the
direct supervision of a custodial parent for the purpose of providing respite
care as defined by rule; or
(e) Any developmental
disability child foster home as defined in ORS 443.830.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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