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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 200

STATUTORY AUTHORITY

Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers
and Approval of Potential Adoptive Resources

413-200-0270

Purpose

(1) The purpose of these rules (OAR 413-200-0270 to 413-200-0296) is to describe the activities of the Department related to:

(a) The certification of a relative caregiver or foster parent, and the assessment of a potential adoptive resource;

(b) Monitoring a certified family's compliance with the Certification Standards; and

(c) Recertification of a certified family.

(2) Regardless of the nature of the relationship between a family and a child or young adult, a family must be assessed and certified prior to placement of the child or young adult in the home.

(3) In these rules, unless otherwise indicated, a child or young adult refers to a child or young adult in the care or custody of the Department.

(4) OAR 413-200-0276, 413-200-0278, 413-200-0281, 413-200-0283, 413-200-0285, 413-200-0287, 413-200-0289, 413-200-0292, 413-200-0294, and 413-200-0296 do not apply to a potential adoptive resource.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 17-1999, f. & cert. ef. 8-12-99; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 18-2007, f. & cert. ef. 11-1-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0272

Definitions

The following definitions apply to OAR 413-200-0270 to 413-200-0296:

(1) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete.

(2) "Applicant" means an individual or individuals who apply:

(a) To become or remain a certified family;

(b) For approval as a potential adoptive resource.

(3) "Certificate of Approval" means a document that the Department issues to approve the operation of a certified relative caregiver home or foster home.

(4) "Certified family" means an individual or individuals who hold a Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(5) "Certifier" means a Child Welfare employee who:

(a) Conducts assessments of applicants interested in providing relative or foster care to a child or young adult in the care or custody of the Department or conducts assessments of a potential adoptive resource;

(b) Determines whether or not to recommend approval of the operation of a relative caregiver or foster home or approval of a potential adoptive resource; and

(c) Monitors the compliance of a caregiver or foster care home with Child Welfare certification rules.

(6) "Child" means a person under 18 years of age.

(7) "Child-Specific Certificate of Approval" means a document authorizing an individual or individuals to operate a home to provide care for a specific child or young adult in the care or custody of the Department.

(8) "Co-habitating" means the act of two adults, unmarried to each other, living together in an intimate relationship as if married.

(9) "Criminal records check" means the process for obtaining and reviewing an individual's criminal offender information and may include a fingerprint-based criminal offender records check of national crime information databases.

(10) "Denial" means the refusal of the Department to issue an initial or renew a Certificate of Approval to operate a relative caregiver home or foster home to provide care for a child or young adult in the care or custody of the Department.

(11) "Department" means the Department of Human Services, Child Welfare.

(12) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(13) "Home study" means a document containing an analysis of the ability of the applicant to provide safe and appropriate care of a child or young adult.

(14) "Inactive Referral Status" means a period of time, not to exceed 12 months, during which neither the Department nor any other agency will place an additional child or young adult with a certified family.

(15) "Member of the household" means any adult or child living in the home, including any caregiving employee or volunteer who may reside in the home.

(16) "Placement support plan" means a documented set of actions or resources that is developed to assist a relative caregiver or foster parent to maintain conditions that provide safety and well-being for a child or young adult in the home.

(17) "Relative caregiver" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(18) "Respite care" means a formal planned arrangement to relieve a certified family's responsibilities by an individual temporarily assuming responsibility for the care and supervision of a child or young adult in the home of the respite provider or certified family. "Respite care" must be less than 14 consecutive days.

(19) "Revocation" means an administrative act by the Department that rescinds an existing Certificate of Approval.

(20) "Young adult" means an individual aged 18 through 20 years.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 17-1999, f. & cert. ef. 8-12-99; Renumbered from 413-200-0280, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07; Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0274

Responsibilities for Assessment and Certification

(1) Sections (2) to (5) of this rule cover Department responsibilities for an expedited process for certification of an applicant for a Child-Specific Certificate of Approval. Sections (6) and (7) cover Department responsibilities for certification of all other applicants and assessment of a potential adoptive resource.

(2) To complete the expedited process for assessment of an applicant for a Child-Specific Certificate of Approval, the certifier must:

(a) Review the completed application.

(b) Have face-to-face contact with the applicant and each member of the household. If a member of the household is unavailable when conducting face-to-face contact for a Child-Specific Certificate of Approval, the certifier must:

(A) Obtain the approval of the supervisor to delay face-to-face contact with that member of the household; and

(B) Determine a date and time for the face-to-face contact within one week of the date the member of the household becomes available.

(c) Explain the certification process.

(d) Discuss with the applicant the role and responsibilities of the Department.

(e) Assess the applicant's motivation for and interest in caring for the child or young adult.

(f) Complete a home visit.

(A) Observe and assess the safety of the physical environment;

(B) Walk through every room in the home and each surrounding building; and

(C) Complete a Safety Assessment of the home.

(g) Gather and analyze information, through interview and observation, as it relates to each applicant's personal qualifications and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child or young adult.

(h) Assure completion of a criminal records check through LEDS, which includes information compiled and maintained by OSP Bureau of Criminal Identification on each adult member of the household and initiate a criminal records check, including information compiled and maintained by OSP Bureau of Criminal Identification and a fingerprint-based criminal offender records check of national crime information as outlined in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470.

(A) Assess the fitness of the applicant or member of the household pursuant to OAR 413-120-0450 and 413-120-0455; and

(B) If appropriate, request an exception pursuant to OAR 413-120-0450(7) to complete certification of the applicant despite the criminal offender history of an applicant or member of the household.

(i) At the Department's discretion and when there is reason to believe a child, not in the care or custody of the Department and living in the home, may pose a risk to a child or young adult placed in the home, initiate a fingerprint-based criminal offender records check of national crime information databases as outlined in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470.

(j) Assure initiation of child abuse history background checks for each adult member of the household.

(A) A child abuse history background check must be completed in the state of Oregon and requested from any other state where the individual has resided in the last five years;

(B) Assess any safety concerns regarding the applicant or member of the household raised by information learned from the child abuse history background check; and

(C) When appropriate, obtain approval from the District Manager or designee on a form approved by the Department to continue certification when a member of the household has been identified as the perpetrator or possible perpetrator of abuse or neglect in a Child Protective Services Assessment Founded Disposition, Unable to Determine Disposition, or a similar disposition from another state.

(k) Within 24 hours, gather information from at least two personal references for the applicant.

(l) Assure the applicant possesses a valid driver license and auto insurance if the applicant will transport a child or young adult in the care or custody of the Department.

(m) Determine, with input from the applicant, the gender, ages, and maximum number of children and young adults who may be placed in the home by the Department.

(n) When appropriate, obtain approval from the Child Welfare program manager or designee on a form approved by the Department when:

(A) The applicant or a member of the household is an in-home day care provider or foster care provider licensed by another program, unless placement is authorized under an agreement;

(B) The applicant or a member of the household is an adult foster care or in-home adult day care provider; or

(C) An applicant applying to become a relative caregiver is 18, 19, or 20 years of age.

(o) When appropriate, obtain approval from the Child Welfare program manager or designee on a form approved by the Department, when the applicant is assessed as a Child-Specific Certificate of Approval through an office other than the office in the county in which the applicant resides.

(p) When appropriate, obtain the approval of the Child Welfare program manager when the number of children or young adults placed in the home will exceed the maximum number of children or young adults as described in OAR 413-200-0276.

(q) After completing the activities in subsections (2)(a) to (p) of this rule, the Department may issue a Child-Specific Certificate of Approval for up to 180 days.

(3) As soon as possible and no later than the 180-day period beginning the date the Child-Specific Certificate of Approval is issued, the certifier must complete all of the following actions:

(a) Gather information from at least two additional references. No more than two of the four required references may be provided by the applicant's relatives.

(b) Contact the caseworker of the child or young adult placed in the home regarding the adjustment of the child or young adult in placement and the certified family's ability to meet the needs of the child or young adult.

(c) Conduct a home visit at least every 90 days, and when necessary, additional home visits.

(d) Gather personal, family social history information sufficient to assess the conditions that appear to exist in the home that affect safety, health, and well-being of a child or young adult through a series of questionnaires and interviews completed by applicants, members of the household, and others.

(e) Assure completion of the fingerprint based criminal records check as described in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470.

(f) Assure completion of the child abuse history background checks for each adult member of the household as required in paragraph (2)(j)(A) of this rule and request a child abuse history background check for each adult member of the household who has lived in another country in the five years preceding the applicant's dated application for a Certificate of Approval from the Department.

(g) Verify that the certified family:

(A) Has completed Orientation within 30 days after the expedited Child-Specific Certificate of Approval was issued; and

(B) Has a plan:

(i) To complete Foundations training before or within 12 months after the date on which the Certificate of Approval was issued; or

(ii) Has a written, individualized training plan, approved by a supervisor, specific to meeting the needs of the child or young adult placed with a certified family holding a child-specific certificate. The individualized training plan must:

(I) Include training on mental and emotional problems that occur in child victims of abuse and neglect, including sexual abuse and rape of a child; and

(II) Be developed within 90 days after a Child-Specific Certificate of Approval has been issued by the Department.

(h) Discuss and develop a training plan for each certified adult in the family.

(i) Document the assessment of the certified family's ability to provide safety, health, and well-being for the child or young adult in a home study on a form approved by the Department.

(4) After completing the activities in section (3) of this rule, the Department may approve the certified family for the two-year certification period and issue a Child-Specific Certificate of Approval. The effective date of an approval issued under this section will be the day on which the activities in section (3) of this rule were completed. The expiration date of an approval issued under this section will be two years from the effective date on the first expedited Child-Specific Certificate of Approval.

(5) When the activities described in subsections (3)(a) to (3)(i) of this rule have not been completed within 180 days:

(a) The District Manager or designee may extend the Child-Specific Certificate of Approval for no longer than 30 days; or

(b) The Foster Care Program Manager or designee may extend the Child-Specific Certificate of Approval for over 30 days if an activity has not been completed due to circumstances beyond the control of the Department.

(6) To complete the assessment for the certification of all other applicants other than those being assessed for an expedited Child-Specific Certificate of Approval, the certifier must:

(a) Review the completed application.

(b) Have face-to-face contact with the applicant and each member of the household.

(c) Explain the process for certification of a relative caregiver or foster parent and approval of a potential adoptive resource.

(d) Discuss with the applicant the role and responsibilities of the Department.

(e) Assess the applicant's motivation for and interest in caring for a child or young adult.

(f) Complete a minimum of two home visits.

(A) Observe and assess the safety of the physical environment;

(B) Walk through every room in the home and each surrounding building; and

(C) Complete a Safety Assessment of the home.

(g) Gather social history information through a series of questionnaires approved by the Department, interviews, and observations in which the Department staff gathers personal information about the applicant and the household. Analyze information as it relates to each applicant's personal qualifications and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child or young adult.

(h) Assure completion of a criminal records check including information compiled and maintained by the OSP Bureau of Criminal Identification and a fingerprint-based criminal records check of national crime information databases on each adult member of the household and, at the Department's discretion, on any child under 18, as outlined in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470.

(A) Assess the fitness of the applicant or member of the household pursuant to OAR 413-120-0450 and 413-120-0455; and

(B) If appropriate, request an exception pursuant to OAR 413-120-0450(7) to complete certification of the applicant despite the criminal offender history of an applicant or member of the household.

(i) At the Department's discretion and when there is reason to believe a child, not in the care or custody of the Department and living in the home, may pose a risk to a child or young adult placed in the home, initiate a fingerprint-based criminal offender records check of national crime information databases as outlined in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470.

(j) Assure completion of child abuse history background checks for each adult member of the household.

(A) If the applicant or an adult member of the household has lived outside the state of Oregon and within the United States in the previous five years, obtain a child abuse history background check from each state where the individual resided in the five years preceding the applicant's dated application for a Certificate of Approval from the Department;

(B) If the applicant or an adult member of the household has lived outside of the United States in the previous five years, a child abuse history background check must be requested from each country where the individual lived within the five years preceding the applicant's dated application for a Certificate of Approval from the Department;

(C) Assess any safety concerns regarding the applicant or member of the household raised by information learned from the child abuse history background check; and

(D) When appropriate, obtain approval from the District Manager or designee on a form approved by the Department to continue certification when a member of the household has been identified as the perpetrator or possible perpetrator of abuse or neglect in a Child Protective Services Assessment Founded Disposition, Unable to Determine Disposition, or a similar disposition from another state.

(k) Gather information from at least four personal references for the applicant, no more than two of which may be provided by the applicant's relatives.

(l) Obtain authorization from the applicant prior to contacting any individual in completing a thorough background check, other than the applicant's adult children and references provided by the applicant.

(m) Assure the applicant possesses a valid driver license and auto insurance if the applicant will transport a child or young adult.

(n) Determine, with input from the applicant, the gender, ages, and maximum number of children and young adults who may be placed in the home by the Department.

(o) When appropriate, obtain approval from the Child Welfare program manager or designee on a form approved by the Department under the following circumstances:

(A) The applicant or a member of the household is an in-home day care provider or foster care provider licensed by another child-caring agency, unless placement is authorized under an Interagency Agreement;

(B) The applicant or a member of the household is an adult foster care or in-home adult day care provider; or

(C) An applicant applying to become a relative caregiver is 18, 19, or 20 years of age.

(p) When appropriate, obtain approval from the Child Welfare program manager or designee on a form approved by the Department when the applicant applies for a Certificate of Approval through an office other than the office in the county in which the family resides.

(q) When appropriate, obtain the approval of the Child Welfare program manager when the number of children or young adults placed in the home will exceed the maximum number of children or young adults as described in OAR 413-200-0276.

(r) Verify that the applicant has completed Orientation and Foundations training before or within 12 months after the date on which the Certificate of Approval was issued, or has written documentation of completion of equivalent training content from another licensed child-caring agency within two years of an applicant's dated application for a Certificate of Approval from the Department.

(s) Discuss and develop a training plan with each applicant.

(t) Document the assessment of the applicant's ability to provide safety, health, and well-being for the child or young adult in a home study on a form approved by the Department.

(7) After completing the activities in section (6) of this rule, the Department may:

(a) Issue a Certificate of Approval for a two-year period for individuals applying to become a certified family; or

(b) Send written notice of the status of the application for a potential adoptive resource pursuant to OAR 413-120-0240.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0276

Responsibility to Determine the Maximum Number of Children or Young Adults in a Certified Family Home

(1) Unless special circumstances exist, a supervisor may not issue a Certificate of Approval that, when the home is fully occupied, exceeds the following maximum number of children or young adults living in the home:

(a) A total of four children or young adults to one certified adult living in the home;

(b) A total of seven children or young adults to two certified adults living in the home; or

(c) A total of two children under the age of three.

(2) When making the determination of the maximum number of children or young adults in the home as described in section (1) of this rule, the supervisor includes all children and young adults residing in the home, not only the children or young adults in the care or custody of the Department.

(3) The Child Welfare program manager may approve placing additional children or young adults in the home in special circumstances.

(a) Special circumstances include, but are not limited to:

(A) Placing siblings together; or

(B) Placing a special needs child or young adult with a family that has demonstrated extraordinary ability in meeting the safety, health, and well-being needs of a child or young adult.

(b) In these special circumstances, the certifier must assess:

(A) The skills, abilities, willingness, and training of the certified family related to the quantity of services that are required for each child or young adult;

(B) The skills, abilities, safety, health, and well-being needs of each child or young adult;

(C) The amount of Departmental supervision the certified family requires and the certified family's network of support to the child or young adult related to the needs of the child or young adult;

(D) The maximum safe physical capacity of the home, including sleeping arrangements; and

(E) The plan for each individual to escape from the home in case of fire or other emergency.

(4) The certifier must document the assessment described in subsection (3)(b) of this rule on a form approved by the Department and obtain Child Welfare program manager approval prior to permitting the home to exceed the maximum number of children or young adults specified in section (1) of this rule.

(5) When a Child Welfare program manager approves placing additional children or young adults in a certified home, the certifier must:

(a) Visit the home every 90 days;

(b) Assess during each visit the certified family's compliance with certification standards; and

(c) Document the certified family's compliance with certification standards after each visit.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0278

Responsibilities for Issuing a Certificate of Approval

(1) The Department must complete the assessment activities described in OAR 413-200-0274, and issue a Certificate of Approval or provide notice of intent to deny a Certificate of Approval within 180 days of receipt of an application to become a foster parent or relative caregiver, unless the application is withdrawn or the assessment period is extended by the District Manager or designee.

(2) The supervisor must:

(a) Review all assessment activities;

(b) Ensure all safety components of the certification standards are met; and

(c) Ensure any required exception or approval as provided in these rules (OAR 413-200-0270 to 413-200-0296) has been obtained prior to the Department issuing a Certificate of Approval.

(3) A supervisor may approve and the Department may issue the following Certificates of Approval:

(a) An expedited Child-Specific Certificate of Approval for up to 180 days when all activities required in OAR 413-200-0274(2) have been completed;

(b) A two-year Child-Specific Certificate of Approval to provide relative caregiver or foster care after all activities required in OAR 413-200-0274(3) have been completed.

(c) A Certificate of Approval for two years when all the activities required in OAR 413-200-0274(6) have been completed.

(4) A Certificate of Approval must include the following information:

(a) The name of each primary adult, including married couples, individuals in a domestic partnership (as defined in ORS 106.310), and co-habitating individuals, approved as the certified family;

(b) The address to which the certificate applies;

(c) The age range (birth to 20) and gender of the children or young adults for whom the certified family is approved to provide care;

(d) The maximum number of children or young adults who can be placed in the home;

(e) The provider number that the Department has given the home;

(f) The effective and expiration dates of the certificate; and

(g) The signature of the Child Welfare program manager or designee.

(5) The Department may at its discretion modify the Certificate of Approval to increase or decrease the maximum number of children or young adults, the age range, or the gender of the children or young adults for whom the family is certified within the limits prescribed in OAR 413-200-0276.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0281

Respite Care Providers and Babysitters

(1) The certifier must undertake all of the following activities when applicable:

(a) Discuss with the certified family the plan for providing care to a child or young adult, when the certified family will be unavailable to provide care.

(b) Assure completion of criminal records check through LEDS which includes information compiled and maintained by OSP Bureau of Criminal Identification as outlined in Child Welfare Policy I-G.1.4, "Criminal History", OAR 413-120-0460 on any individual the certified family has identified to as a prospective respite care provider.

(c) Assure completion of a fingerprint-based criminal offender records check of national crime information databases whenever:

(A) The criminal records check conducted under subsection (b) of this section indicates the prospective respite care provider has a criminal history; or

(B) The prospective respite care provider has lived in Oregon less than five years.

(d) Conduct child abuse history background checks on any individual the certified family has identified as a prospective respite care provider.

(e) Analyze information gathered under subsections (a) and (b) of this section prior to determining the individual is safe and appropriate to provide respite care and approving the individual to provide respite care.

(f) Document the analysis under subsection (e) of this section in the certification record.

(g) Notify the certified family of the approval for the individual identified to provide respite care within one business day of the approval.

(h) Verify that any certified family identified to provide respite care for another certified family has a current Certificate of Approval.

(i) When the analysis under subsection (e) of this section results in a determination that the individual is either not a safe or appropriate individual to provide respite care, notify the certified family that the individual is not authorized to provide respite care within one business day of the decision.

(2) The Department has the discretion to request a criminal records check of a babysitter.

(3) When a certified family notifies the Department of their intent to provide respite care for another child or young adult, the certifier must approve the request prior to the certified family providing respite care.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0283

Responsibilities to Monitor Certification Compliance

(1) A certifier must conduct the following home visits:

(a) A minimum of one home visit every 90 days during the period an expedited Child-Specific Certificate of Approval is effective;

(b) A minimum of one home visit to any certified family every 180 days; and

(c) A minimum of one home visit every 90 days when a certified family has been approved to exceed the maximum number of children or young adults as prescribed in OAR 413-200-0276(1), as long as the approval is applicable.

(2) To monitor a certified family's compliance with Child Welfare Policy II B.1, "Certification Standards for Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources", OAR 413-200-0301 to 413-200-0396, a certifier must complete the following activities when applicable:

(a) Assess the certified family's ability to maintain conditions in the home that provide safety, health, and well-being for the children and young adults whenever it becomes known that the certified family wishes to become an in-home child care, an adult foster care, or in-home adult day care provider, and, when appropriate, obtain approval from the Child Welfare program manager or designee on a form approved by the Department.

(b) Obtain approval from the Child Welfare program manager or designee on a form approved by the Department prior to placement of the child or young adult whenever it becomes known that another agency wishes to place a child or young adult in a certified home.

(c) Assure completion of a criminal records check and child abuse history background checks whenever it becomes known that another adult is living in the household or the certified family identifies another respite care provider.

(d) Seek input from the caseworkers of each child and young adult placed or living in the home during the past 180 days and assess the conditions that appear to exist in the home that affect safety, health, and well-being for the child or young adult;

(e) Assess the information that the certifier learns from the home visit, the certified family, members of the household, and caseworkers to determine whether conditions appear to exist in the home that affect safety, health, and well-being for the child or young adult placed in the home by the Department;

(f) Review and assess the conditions that appear to exist in the home that affect safety and well-being for the child or young adult when any special circumstances described in OAR 413-200-0276(3)(a) exist; and

(g) Document the contacts with the certified family and the assessment information obtained under this rule in the certification record.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0285

Responsibilities When Developing a Placement Support Plan

(1) When a certifier determines that a certified family needs additional support to maintain conditions that provide safety, health, and well-being in the home, the certifier must develop a placement support plan. A placement support plan is appropriate when one or both of the following circumstances apply:

(a) The certified family needs additional training or instruction to improve the care giving practices to meet the needs of the children or young adults placed in the certified family's home.

(b) The certified family is not in compliance with one or more of the Department's certification standards, and the non-compliance does not result in a safety threat to a child.

(2) When a placement support plan is appropriate to support a certified family, the certifier must gather information regarding current circumstances from:

(a) The certified family;

(b) The children or young adults placed in the certified family's home, when appropriate;

(c) The caseworkers of the children or young adults currently placed in the home; and

(d) Other collateral contacts that may have information regarding the characteristics of the care provided in the certified family's home.

(3) The certifier must schedule a meeting with the certified family to discuss the current circumstances that require a placement support plan and the appropriate supports and services to assist the certified family.

(4) The certifier must prepare a written placement support plan that specifies:

(a) The actions or services in which the certified family will participate;

(b) The actions or services the Department will provide to support the certified family in maintaining conditions that provide safety, health, and well-being for the children or young adults placed in the home by the Department;

(c) Agreement that the certified family is willing and able to participate in the actions or services;

(d) Agreement to review the placement support plan on a specified date, which is within at least 90 days; and

(e) The anticipated end date of the placement support plan.

(5) A supervisor must approve the placement support plan.

(6) When the placement support plan has been approved, the certifier must:

(a) Provide a copy to the certified family;

(b) File a copy in the certification file;

(c) Document the placement support plan in the Department information system; and

(d) Provide written notification to the caseworkers of each child or young adult placed in the home of the placement support plan.

(7) The certifier must contact the certified family prior to the anticipated end date of the placement support plan to assure that all activities and services have been completed, or the certified family can meet the needs of the children or young adults placed in the home by the Department and is in compliance with Department certification standards.

(8) The certifier must document the end of a placement support plan in the certification file, in provider case notes, and notify the caseworkers of each child or young adult placed in the certified family's home.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0287

Responsibilities Regarding Two-Year Renewal of the Certificate of Approval

(1) A certified family must be assessed every two years. The Department must complete the assessment and provide written notice of the decision to renew a certificate approval or intent to deny the renewal of the certified family's Certificate of Approval. To renew a Certificate of Approval, the certifier must complete all of the following:

(a) Conduct a minimum of one home visit, have face-to-face contact with each member of the household, and complete the questionnaires and interviews necessary to complete a home study update.

(b) Review the completed Certified Family Certificate Renewal or Change of Status Application.

(c) Confirm completion of required hours of training, and develop a training plan for the new certification period.

(d) Contact the caseworkers who have had children or young adults placed with the certified family during the past 180 days.

(e) Assure completion of criminal records checks on each adult member of the household; and, at the Department's discretion, any child, when there is reason to believe the child may pose a risk to children placed in the home, as described in Child Welfare Policy I G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470. A fingerprint-based criminal offender records check of national crime information databases is not required for an application for renewal of a Certificate of Approval, unless an applicant or member of the household has lived outside of Oregon for more than 60 consecutive days within the two-year certification period or has been arrested or convicted during the two-year certification period.

(A) Assess any safety concerns regarding the fitness of the applicant or member of the household pursuant to OAR 413-120-0450 and 413-120-0455; and

(B) If appropriate, request an exception pursuant to OAR 413-120-0450(7) to complete certification of the applicant despite the new criminal offender history of an applicant or member of the household.

(f) Assure completion of child abuse history background checks for each adult member of the household.

(A) When the applicant or an adult member of the household has lived outside the state of Oregon in the previous five years, and an out-of-state child abuse history background check has not been completed, a child abuse history background check must be requested from each state or country where the individual resided in the five years preceding the applicant's dated application for renewal of a Certificate of Approval from the Department.

(B) Assess any safety concerns regarding the applicant or adult member of the applicant's household raised by information learned from the child abuse history background check.

(C) When appropriate, obtain approval from the District Manager or designee, on a form approved by the Department, to proceed with an application when a member of the household has been identified as the perpetrator or possible perpetrator of abuse or neglect in a Child Protective Services Assessment Founded Disposition, Unable to Determine Disposition, or a similar disposition from another state.

(g) Review and assess whether conditions appear to exist in the home that jeopardize the safety, health, or well-being of the child or young adult.

(h) Review and analyze the certified family's skills and abilities in maintaining conditions in the home that provide safety, health, and well-being for the child or young adult, maintaining relationships with the community and the Department, and supporting the case plan of the child or young adult.

(i) Update the home study on a form approved by the Department, including results of the assessment activities completed in subsections (a) to (h) of this section, and submit to the supervisor for approval.

(2) The supervisor reviews the updated home study and may approve or deny the home study. If the supervisor approves the home study, the Department will issue a new two-year Certificate of Approval. If the supervisor does not approve the home study, the Department will proceed as outlined in OAR 413-200-0296.

(3) Pursuant to ORS 183.430, if the certified family has submitted a timely Renewal Application and the Department does not complete the activities in sections (1) and (2) of this rule before the stated expiration date on the certified family's Certificate of Approval, the certified family's Certificate of Approval may not be deemed to expire until the Department has issued a new Certificate of Approval or there is a final order denying renewal.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0289

Responsibilities Regarding Voluntary Termination of an Application or an Existing Certificate of Approval

(1) When an applicant requests to withdraw his or her application for a Certificate of Approval, the certifier must document his or her communication regarding the applicant's request.

(2) When a certified family requests that the Department terminate the Certificate of Approval or does not wish to renew a Certificate of Approval, the certifier must document his or her communication regarding the certified family's request.

(3) The Department terminates a Child-Specific Certificate of Approval within 10 business days of the departure of the child or young adult, unless at least one of the following subsections applies:

(a) The child-specific certified family submits a written request to continue their Certificate of Approval as a foster parent under section (4) of this rule within 10 business days of the departure of the child or young adult from the home;

(b) The Department has determined the child or young adult is removed because the certified family cannot meet the safety, health, and well-being needs of the child or young adult and has violated one or more rules under Child Welfare Policy II B.1, "Certification Standards for Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources", OAR 413-200-0301 to 413-200-0396; or

(c) OAR 413-200-0395(6) applies.

(4) When the Department has determined that subsection (3)(b) of this rule applies, the Department will notify the certified family of the decision and issue a notice of intent to revoke the Certificate of Approval pursuant to OAR 413-200-0395(2).

(5) When a child-specific certified family requests to become certified as a foster parent, the certifier must:

(a) Provide the family with a "Certified Family Certificate Renewal or Change of Status Application"; and

(b) Assess the family's ability to meet the safety, health, and well-being needs of a non-related child or young adult placed in the home pursuant to the requirements of OAR 413-200-0274.

(6) After the certifier has completed the assessment pursuant to subsection (5)(b) of this rule, a supervisor will approve the assessment and send a Certificate of Approval to the family, or send a notice of intent to deny the application, unless the family has withdrawn their request pursuant to OAR 413-200-0296.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0292

Responsibilities Regarding Recertification of a Previously Certified Home

(1) When a certified family has been closed less than six months, the previous Certificate of Approval would not have expired during the months the home was closed (if the Certificate of Approval was not revoked), the certified family continues to live in the same residence, and the certified family requests that the Department reopen the Certificate of Approval, the certifier must undertake the following actions:

(a) Provide the family with a Certified Family Certificate Renewal or Change of Status Application.

(b) Assure completion of criminal records checks on each adult member of the household; and, at the Department's discretion, when there is reason to believe a child, not in the care or custody of the Department and living in the home, may pose a risk to a child or young adult placed in the home, initiate a fingerprint-based criminal offender records check of national crime information databases as described in Child Welfare Policy I G.1.4, "Criminal History", OAR 413-120-0400 to 413-120-0470. A fingerprint-based criminal offender records check of national crime information databases is required when an applicant or member of the household has lived outside of Oregon for more than 60 consecutive days or has been arrested or convicted during the two-year certification period.

(A) Assess any safety concerns regarding the fitness of the applicant, child, or member of the household pursuant to OAR 413-120-0450 and 413-120-0455; and

(B) If appropriate, request an exception pursuant to per OAR 413-120-0450(7) to complete recertification of the previously certified family despite the new criminal offender information history of an applicant, child, or member of the household.

(c) Assure completion of child abuse history background checks for each adult member of the household.

(A) When the applicant or an adult member of the household has lived outside the state of Oregon, a child abuse history background check must be requested from each state or country where the individual resided.

(B) Assess any safety concerns regarding the applicant or adult member of the applicant's household raised by information learned from the child abuse history background check.

(C) When appropriate, obtain approval from the District Manager or designee, on a form approved by the Department, to proceed with an application when a member of the household has been identified as the perpetrator or possible perpetrator of abuse or neglect in a Child Protective Services Assessment Founded Disposition, Unable to Determine Disposition, or a similar disposition from another state.

(d) Conduct a home visit to identify and assess any changes in the environment or family:

(A) Observe and assess the safety of the physical environment;

(B) Walk through every room in the home and each surrounding building; and

(C) Complete a Safety Assessment of the home.

(e) Document in the certification file the circumstances under which the Department reopened the Certificate of Approval.

(2) When a certified family has been closed for six months or more or the previous Certificate of Approval would have expired during the months the home was closed, and the previously certified family contacts the Department to become certified again, the certifier must:

(a) Provide to the certified family for completion the necessary documents for an initial application for a Certificate of Approval to provide care;

(b) Complete the assessment process as described in OAR 413-200-0274;

(c) Update the family's home study and document any changes in the family's circumstances since the most recent closure of the Certificate of Approval; and

(d) Submit the updated home study to the supervisor for approval.

(3) The supervisor reviews the updated home study and may approve or deny the updated home study. If the supervisor approves the updated home study, the Department will issue a new two-year Certificate of Approval. If the supervisor does not approve the home study, the Department will proceed as outlined in OAR 413-200-0296.

(4) A family previously certified by the Department must complete Foundations training if the family has not been certified within the last two years unless the supervisor either:

(a) Approves an individualized training plan for a certified family who has been issued a Child-Specific Certificate of Approval; or

(b) Waives the training requirement based on the family's documented knowledge and skills in caring for a child or young adult placed in the home by the Department.

(5) When the certified family moves to another residence in the State of Oregon, the Department terminates the Certificate of Approval automatically. The Department may issue a new Certificate of Approval for the new residence after the activities described in this section have been completed. Within 10 business days, the certifier must complete the following actions:

(a) Provide the certified family a Certified Family Certificate Renewal or Change of Status Application.

(b) Review the completed Certified Family Certificate Renewal or Change of Status Application.

(c) Conduct a home visit.

(A) Observe and assess the safety of the physical environment;

(B) Walk through every room in the home and each surrounding building; and

(C) Complete a Safety Assessment of the home.

(d) Document in the certification file the circumstances of the family's relocation.

(6) When a certified family has been initially certified by the local Child Welfare office in the county in which the family resides and the family moves to another county, all of the following actions are required:

(a) The issuing Child Welfare office's certification supervisor must notify the certification supervisor in a Child Welfare office in the county to which the certified family is moving;

(b) The certification file and ongoing Department responsibilities are transferred to a Child Welfare office in the county to which the certified family is moving, unless the Child Welfare program manager or designee in the county to which the certified family is moving has approved that Department certification responsibilities remain in the Child Welfare office in the county from which the certified family is moving.

(c) Complete the actions described in section (5) of this rule.

(7) When a certified family wishes to move outside the State of Oregon with a child or young adult, refer to Child Welfare Policy I-B.3.4.2, "Interstate Compact on the Placement of Children", OAR 413-040-0200 to 413-040-0330.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0294

Responsibilities Regarding Inactive Referral Status

(1) The certified family or the Department may initiate an Inactive Referral Status. When a certified family is on Inactive Referral Status, no additional child or young adult may be placed in the home.

(2) A certified family may ask the Department to place their home on Inactive Referral Status for any reason for up to 12 months. The Inactive Referral Status begins immediately upon the request of the family.

(3) When either a certified family or the Department indicate an Inactive Referral Status, the certifier must immediately notify Department staff responsible for placement that the certified family is unavailable for placement of a child or young adult.

(4) Within 30 days of a certified family requesting Inactive Referral Status, the certifier must send a letter to the certified family that documents the inactive status, the reasons for the status, and the requested length of the Inactive Referral Status.

(5) The Department may place a certified family on Inactive Referral Status for one or more of the following reasons:

(a) The special needs of a child or young adult, who is currently in the home, require so much of the certified family's care and attention that no agency should place an additional child or young adult in the home.

(b) The family or members of the household are experiencing significant family or life stress.

(c) The certified family does not currently meet one or more of the certification standards.

(6) The Department must place a certified family on Inactive Referral Status when the Department is assessing an allegation of child abuse or neglect in the home.

(7) Within 14 days of the Department's initiating Inactive Referral Status, the certifier must send a letter to the certified family that documents the beginning date of Inactive Referral Status, the reason for the Inactive Referral Status, and any specific certification standards that have been violated, if any.

(a) The certifier and the certified family may collaborate to develop a placement support plan to address the concerns precipitating the Inactive Referral Status; and

(b) The certification supervisor reviews and approves the placement support plan.

(8) The Department may revoke a Certificate of Approval if a certified family is unable to remedy a violation of a certification rule within the time frame of the Inactive Referral Status.

(9) When the certified family initiates Inactive Referral Status, the inactive status ends at the request of the certified family.

(10) When the Department initiates Inactive Referral Status, the Department determines, within the time frame of the Inactive Referral Status, when the conditions that warranted the Inactive Referral Status have been resolved.

(11) When the Inactive Referral Status ends, the certifier must:

(a) Document removal of the Inactive Referral Status in the certification file;

(b) Send written notification to the family within 30 days; and

(c) Notify Department staff responsible for placement that the certified family is available for placement of a child or young adult.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0296

Responsibilities Regarding Denial or Revocation of a Certificate of Approval

(1) The Department may deny an application for a Certificate of Approval or revoke a Certificate of Approval when the applicant or certified family does not meet one or more of the certification rules in Child Welfare Policy II-B.1, "Standards for Certification of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0301 to 413-200-0396.

(2) The Department must provide the applicant a written notice of the intent to deny a Certificate of Approval, which must state the reason or reasons for the denial and comply with OAR 413-010-0510.

(3) The Department must revoke a Certificate of Approval when, at the conclusion of a CPS assessment, the Department determines there is a safety threat in the certified family's home, unless the certified family voluntarily requests that the Department terminate the Certificate of Approval and provides written documentation of the request to terminate the Certificate of Approval.

(4) The Department may deny an application or revoke a Certificate of Approval if the Department discovers an applicant or certified family has falsified information (by act of commission or omission) before or after the Certificate of Approval has been issued or if a certified family fails to provide information or inform the Department of any disqualifying condition that arises after the Certificate of Approval has been issued.

(5) The Department must provide an applicant or certified family a written notice of intent to deny or revoke a Certificate of Approval, which must state the reason or reasons for the revocation and comply with OAR 413-010-0510.

(6) When the Department has issued a notice to revoke a Certificate of Approval before the stated expiration date on the Certificate of Approval, the Certificate of Approval will not be deemed to expire until there is a final order on the notice to revoke the Certificate of Approval.

(7) The Department must remove from the home all the children and young adults in the care or custody of the Department upon making the decision to revoke the certified family's Certificate of Approval.

(8) When the Department has revoked a family's Certificate of Approval or denied an application for a Certificate of Approval, the Department may require a waiting period of up to five years from the date of revocation of the family's Certificate of Approval before the Department accepts a new application from the family.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 – 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11

Standards for Certification of Foster Parents and Relative Caregivers
and Approval of Potential Adoptive Resources

413-200-0301

Purpose of Certification Standards

(1) The purpose of these rules (OAR 413-200-0301 to 413-200-0396) is to describe the criteria for approval as:

(a) A certified family; or

(b) A potential adoptive resource.

(2) These rules apply to any individual who:

(a) Has applied to become a certified family or potential adoptive resource;

(b) Is currently a certified family; or

(c) Has applied to have the Certificate of Approval renewed.

(3) In these rules, unless otherwise indicated, a child or young adult refers to a child or young adult in the care or custody of the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005 - 418.640
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0305

Authorization

(1) Title IV-E, section 471 (a)(10) of the Social Security Act, requires the State of Oregon to establish a state authority responsible for establishing and maintaining standards for foster family homes and child care institutions.

(2) ORS 418.005 to 418.648 give the Department the authority and responsibility to approve homes for children and young adults in the care or custody of the Department. ORS 418.005 to 418.648 further authorize the Department to develop rules to approve these homes.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005 - 418.640
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0306

Definitions

The following definitions apply to these rules (OAR 413-200-0301 to 413-200-0396):

(1) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete.

(2) "Applicant" means an individual or individuals who apply:

(a) To become or remain a certified family; or

(b) For approval as a potential adoptive resource.

(3) "Babysitting" means the provision of temporary, occasional care for a child or young adult that is:

(a) Ten consecutive hours or less; and

(b) Not overnight care.

(4) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult used for one or more of the following purposes:

(a) Identifying case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family;

(b) Determining the level of care payment while in substitute care with a certified family; and

(c) Determining the level of care payment included in an adoption assistance agreement or guardianship assistance agreement.

(5) "Carbon monoxide alarm" means a device that:

(a) Detects carbon monoxide; and

(b) Produces a distinctive audible alert when carbon monoxide is detected.

(6) "Certificate of Approval" means a document that the Department issues to approve the operation of a certified relative caregiver home or foster home.

(7) "Certified family" means an individual or individuals who hold a Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(8) "Certifier" means a Child Welfare employee who:

(a) Conducts assessments of applicants interested in providing relative or foster care to a child or young adult in the care or custody of the Department or assessments of a potential adoptive resource;

(b) Determines whether or not to recommend approval of the operation of a relative caregiver or foster home or approval of a potential adoptive resource; and

(c) Monitors the compliance of a relative caregiver or foster care home with Child Welfare certification rules.

(9) "Child" means an individual under 18 years of age.

(10) "Child-Specific Certificate of Approval" means a document authorizing an individual or individuals to operate a home to provide care for a specific child or young adult in the care or custody of the Department.

(11) "Co-habitating" means the act of two adults, unmarried to each other, living together in an intimate relationship as if married.

(12) "Criminal records check" means the process for obtaining and reviewing an individual's criminal offender information and may include a fingerprint-based criminal offender records check of national crime information databases.

(13) "Denial" means the refusal of the Department to issue or renew a Certificate of Approval to operate a relative caregiver home or foster home to provide care for a child or young adult in the care or custody of the Department.

(14) "Department" means the Department of Human Services, Child Welfare.

(15) "Discipline" means a training process a certified family uses to help a child or young adult develop the self control and self direction necessary to assume responsibilities, make daily living decisions, and learn to conform to accepted levels of social behavior.

(16) "Electronic monitoring" means the use of video monitoring or listening devices to monitor or record the behavior of a child or young adult. "Electronic monitoring" does not include:

(a) Door monitors;

(b) Window alarms;

(c) Motion detectors;

(d) Audio or video baby monitors used for a child five years and under; or

(e) Monitors approved by a medical provider for medical purposes.

(17) "Enhanced supervision" means the additional support, direction, observation, and guidance needed to promote and ensure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment.

(18) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(19) "Inactive Referral Status" means a period of time, not to exceed 12 months, during which neither the Department nor any other agency will place an additional child or young adult with a certified family.

(20) "Level of care payment" means the payment provided to an approved or certified family, a guardian, a pre-adoptive family, or an adoptive family based on the need for enhanced supervision of the child or young adult as determined by applying the CANS algorithm to the results of the CANS screening.

(21) "Member of the household" means any adult or child living in the home, including any caregiving employees and volunteers who may reside in the home.

(22) "Personal care services plan" means a written plan to provide personal care services for the child or young adult documenting:

(a) The determination that the individual is a qualified provider;

(b) The frequency or intensity of each personal care service to be provided; and

(c) The date personal care services begin.

(23) "Physical restraint" means the act of restricting the voluntary movement of a child or young adult as an emergency measure in order to manage and protect the child, young adult, or others from injury when no alternate actions are sufficient to manage the behavior of the child or young adult. "Physical restraint" does not include temporarily holding a child or young adult to assist him or her or assure his or her safety, such as preventing a child from running onto a busy street.

(24) "Psychotropic medication" means medication, the prescribed intent of which is to affect or alter thought processes, mood, or behavior, including but not limited to antipsychotic, antidepressant, and anxiolytic medication and behavior medications. The classification of a medication depends upon its stated intended effect when prescribed because it may have many different effects.

(25) "Punishment" means the intentional infliction of emotional or physical pain or suffering.

(26) "Relative caregiver" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(27) "Respite care" means a formal planned arrangement to relieve a certified family's responsibilities by an individual temporarily assuming responsibility for the care and supervision of the child or young adult in the home of the respite provider or certified family. "Respite care" must be less than 14 consecutive days.

(28) "Revocation" means an administrative act by the Department that rescinds an existing Certificate of Approval.

(29) "Surrogate" means an individual who has been appointed to safeguard a child's rights in the special education decision-making process. The individual may be appointed pursuant to applicable Department of Education administrative rules and statutes or by the juvenile court.

(30) "Young adult" means an individual aged 18 through 20 years.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07; Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0308

Personal Qualifications of Applicants and Certified Families

(1) An applicant has the burden of proving that he or she possesses the required qualifications to be approved as a certified family or as a potential adoptive resource.

(2) To provide care for a child or young adult, an applicant must be at least 21 years of age unless:

(a) Otherwise specified in Child Welfare Policy I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260; or

(b) A Child Welfare program manager or designee has approved an applicant between the ages of 18 through 20 years to become a relative caregiver.

(3) An applicant must, as determined by the Department pursuant to OAR 413-200-0274:

(a) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior;

(b) Possess the ability to manage the applicant's home and personal life;

(c) Maintain conditions in the home that provide safety, health, and well-being for the child or young adult;

(d) Have supportive relationships with adults and children living in the household and with others in the community;

(e) Have a lifestyle and personal habits free of criminal activity, and abuse or misuse of alcohol or drugs;

(f) Have adequate financial resources to support the household independent of the monthly family foster care payments;

(g) Be willing to participate in the home study process that includes a comprehensive inquiry into the applicant's personal and family history and family dynamics;

(h) Have the physical and mental capacity to care for a child or young adult. Upon request, an applicant must provide copies of medical reports from a health care professional, or may be required to complete an expert evaluation and authorize the Department to obtain a report from the evaluator; and

(i) Ensure that all adult members of the household:

(A) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior, within the individual's developmental and cognitive abilities;

(B) Do not pose a risk to the safety, health, and well-being needs of a child or young adult;

(C) Have a lifestyle and personal habits free of criminal activity, and abuse or misuse of alcohol or drugs; and

(D) Cooperate with the Department's assessment of the household.

(4) To maintain a Certificate of Approval, in addition to continuing to meet the personal qualifications in sections (1) to (3) of this rule, a certified family must:

(a) Learn and apply effective childrearing and behavior intervention practices focused on helping a child or young adult grow, develop, and build positive personal relationships and self-esteem;

(b) Incorporate into the family's care-giving practices positive non-punitive discipline and ways of helping a child or young adult build positive personal relationships, self-control, and self-esteem;

(c) Ensure the child or young adult is taught age appropriate health and hygiene practices and is given the opportunity to practice good hygiene;

(d) Respect and support the Department's efforts to develop and maintain the relationships of the child or young adult with the birth family, their relatives, and any other significant individual in the life of the child or young adult;

(e) Respect the spiritual beliefs, lifestyles, sexual orientation, gender identity, disabilities, national origin, and cultural identities of each child or young adult, and provide opportunities to enhance the positive self-concept and understanding of the heritage of the child or young adult;

(f) Work in partnership with the Department to identify the strengths and meet the needs of each child or young adult;

(g) Follow through and comply with prescribed services, activities, supervision plans, personal care services plans, visitation plans, transition plans, and restrictions for each child or young adult placed in the certified home, as applicable to that child or young adult; and

(h) Use reasonable efforts to prevent anyone from influencing the child or young adult regarding allegations in a judicial or administrative proceeding in which the family or legal guardian of the child or young adult, the child or young adult, or another individual may be involved.

(5) Except when a certified family applies for recertification, an applicant must be:

(a) A citizen of the United States, either through birth or naturalization;

(b) Able to verify immigration status; or

(c) A relative of the child for whom the applicant is applying for a Certificate of Approval as a relative caregiver or approval as a potential adoptive resource.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0314

Initial Application Process

(1) To become a certified family or potential adoptive resource, the applicant must comply with all of the following requirements:

(a) Complete a Department application.

(b) Provide the names and contact information of at least four references, two of whom may be relatives of the applicant, who can attest to the applicant's character and ability to provide safe and protective care for a child or young adult.

(c) Provide names and contact information of at least two individuals with whom the certified family is likely to remain in contact if displaced due to a natural disaster.

(d) Complete all required paperwork requested by the Department in a timely manner and no later than 90 days after the initial request.

(e) Allow Department staff to conduct an in home safety assessment of conditions that appear to exist in the home that affect health, safety, and well-being for the child or young adult by providing access to each room in the primary residence of the applicant and each surrounding building on the property of the applicant unless the building or residence is a self-contained, separate entry residence rented to or owned by another individual.

(f) Allow Department staff to have face-to-face contact with all members of the applicant's household.

(g) Provide social and family history information to the Department.

(h) Provide information about any current or previous licenses, certifications, or applications for relative care, foster care, day care, adoption, or any other types of services for vulnerable individuals including adult care giving. Information must include the organization's name and any denials, suspensions, revocations, or terminations.

(i) Sign a Department Authorization for Use and Disclosure of Information as requested to allow the Department to complete a thorough background check of the applicant.

(j) Allow the Department, at its discretion, to gather information regarding the criminal offender information records of any child, not in the care or custody of the Department, who lives in the household if there is reason to believe that child may pose a risk to children placed in the home.

(2) Both individuals are required to apply when the two individuals are lawfully married, have a domestic partnership (as defined in ORS 106.310), or are co-habitating, unless:

(a) One individual is in the military and stationed out of the state; or

(b) For other unique circumstances in which one individual will not be responsible for any household management or the care of a child or young adult placed in the home, an exception is approved by the Child Welfare program manager.

(3) The applicant and each adult member of the applicant's household must have face-to-face contact with a Department certifier and must provide:

(a) Information regarding criminal involvement, including arrests and convictions regarding any member of the household;

(b) Consent to a criminal records check, including information compiled and maintained by OSP Bureau of Criminal Identification and a fingerprint-based criminal records check of national crime information databases as outlined in Child Welfare Policy, I-G.1.4, "Criminal History", OAR 413-120-0460;

(c) Information regarding any previous allegations of child abuse and neglect; and

(d) Consent to a child abuse and neglect background check.

(4) Withdrawal of Application. An applicant may voluntarily withdraw the application. The applicant must provide the voluntary withdrawal notice:

(a) On a form provided by the Department;

(b) In a written format of his or her choice; or

(c) Verbally to a certifier, adoption worker, or the supervisor of the certifier or adoption worker.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; Renumbered from 413-200-0381, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0335

Standards Regarding the Home Environment

The applicant or certified family must ensure the home and surrounding environment comply with all of the following requirements:

(1) General Conditions.

(a) The home must be the primary residence and the residence where the child or young adult will reside.

(b) The home must have adequate space for each member of the household, including space for safe and appropriate sleeping arrangements.

(A) Department staff must consider the age, gender, special needs, behavior, and history of abuse or neglect of the child or young adult in determining appropriate sleeping arrangements.

(B) An unrelated child or young adult in the care or custody of the Department may not share a bed.

(c) The home may not use electronic monitoring.

(d) The applicant or certified family must have access to a working telephone to make and receive phone calls.

(e) The applicant or certified family must consider the age, special needs, and capabilities of the child or young adult, and have necessary safeguards and assurances that:

(A) Swimming pools, hot tubs, wading pools, ponds, and other water hazards are inaccessible to a child or young adult unless responsibly supervised, and safeguards comply with state and local ordinances;

(B) Outdoor tools and equipment, machinery, chemicals, flammables, and combustibles are stored in a safe manner;

(C) Animals are properly cared for and kept in compliance with local ordinances; and

(D) The access of a child or young adult to potentially dangerous animals is restricted.

(f) The certified family must consider the age, special needs, and capabilities of the child or young adult when determining if an animal is a safe and appropriate pet.

(g) The certified family must receive authorization from the caseworker of the child or young adult or the caseworker's supervisor prior to the beginning of hunting or target practice by the child or young adult.

(h) Hunting and sporting equipment, such as knives, spears, arrows, hunting sling shots, bows, and martial art weapons must be stored in a safe and secure manner inaccessible to a child or young adult.

(2) Sanitation and Health.

(a) The home must have the necessary equipment for the safe preparation, storage, serving, and clean-up of food.

(b) The home must have a safe, properly maintained, and operational heating system. Space heaters must be plugged directly into a wall outlet and must be equipped with tip-over protection.

(c) The home and furnishings must be clean and in good repair, and the grounds must be maintained.

(d) There must be no accumulation of garbage or debris.

(e) The home must have safe and adequate drinking water, and an adequate source of safe water to be used for personal hygiene.

(f) There must be provision for the safe storage of all medications in the household, and locked storage for psychotropic medications for any member of the household.

(g) There must be easily accessible first aid supplies, and a reasonable understanding of how to use such supplies.

(h) Smoking limitations:

(A) A child or young adult may not be exposed to any type of second-hand smoke in the family's home or vehicle; and

(B) A member of the household may not provide any form of tobacco products to a child or young adult.

(3) Fire and Carbon Monoxide Safety.

(a) The home must have all of the following:

(A) One working smoke alarm in each bedroom where a child or young adult sleeps within 24 hours of the time the applicant is certified or approved.

(B) One working carbon monoxide alarm within 15 feet of each bedroom where a child or young adult sleeps and one on each floor within 24 hours of the time the applicant is certified or approved.

(C) At least one operable fire extinguisher rated 2-A:10-B-C or higher within 24 hours of the time the applicant is certified or approved.

(D) One means of emergency exit and one means of rescue from the home.

(E) An adequate safeguard around operating fireplaces, wood stoves, or other heating systems which may cause burns to a child or young adult developmentally unable to reasonably follow safety rules regarding such devices.

(F) Operable, quick-release mechanisms on barred windows. No bedroom occupied by a child or young adult unable to use the quick-release mechanism may have a barred window.

(G) A written, comprehensive home evacuation plan, shared with each child or young adult at the time of placement, and practiced at least every six months. The written, comprehensive home evacuation plan must include a provision for the safe exit of a child or young adult who is not capable of understanding or participating in the evacuation plan.

(H) Doors that lock on the inside operable from the outside of the room, and doors that lock on the outside operable from the inside of the room.

(b) Each bedroom used by a child or young adult must have:

(A) One unrestricted exit;

(B) At least one secondary means of exit or rescue;

(C) Alarms required under paragraph (a)(A) of this section; and

(D) Unrestricted, direct access at all times to hallways, corridors, living rooms, or other such common areas.

(4) Travel and Transportation Safety.

(a) An applicant or certified family must have available, and be willing to use, a safe and reliable method of transportation.

(b) Any member of the household transporting a child or young adult must provide proof of a valid driver license and current insurance, as required by law, on any family-owned motorized vehicle by which a child or young adult might be transported, when a family has applied for certification and at each re-certification.

(c) The applicant or certified family must assure that, as required by current state law:

(A) Only a licensed and insured driver transports a child or young adult in motorized vehicles; and

(B) A child or young adult uses a seat belt or age and size appropriate safety seat when transported in motorized vehicles.

(d) Written authorization from the Department must be received prior to transporting a child or young adult out of the State of Oregon or outside the United States.

(e) A certified family must provide the Department a minimum of 30 days notice seeking approval for international travel prior to any international travel with a child or young adult. In an emergency, the certified family must request approval from the Department as soon as the need for international travel becomes known.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07; Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0348

Requirements Regarding the Number of Children and Young Adults in the Home

(1) Except as provided in section (3) of this rule, a certified family may not exceed the following maximum number of children and young adults in the home:

(a) A total of:

(A) Four children or young adults when one certified adult lives in the home; or

(B) Seven children or young adults when two certified adults live in the home.

(b) Two children under the age of three.

(2) The limits in section (1) of this rule include all children or young adults residing in the home, not only children or young adults in the care or custody of the Department.

(3) Under special circumstances, a Child Welfare program manager may approve placement of a child or young adult in a certified family that exceeds the maximum number of children and young adults in section (1) of this rule.

(4) A certified family may not accept a child or young adult for placement from another agency without prior approval of the Child Welfare program manager or designee.

(5) A certified family may not provide formal or informal adult foster care or child day care without prior approval of the Child Welfare program manager or designee.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0352

Requirements for the Care of Children and Young Adults

A certified family must comply with all of the following requirements:

(1) Work cooperatively with the Department, the child or young adult, and his or her family to support the case plan and meet the needs of the child or young adult including but not limited to:

(a) Health, dental, and mental health care;

(b) Recreational, social, intellectual, and emotional development;

(c) Continued contact or connection with family members, siblings, and relatives; and

(d) Adequate and appropriate clothing.

(2) Include the child or young adult as part of the certified family household.

(3) Assure that when a child or young adult leaves the certified family, the belongings of the child or young adult, both those brought with him or her and those obtained while living in the home, remain with the child or young adult.

(4) Not subject any child to abuse, as described in ORS 419B.005.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; Renumbered from 413-200-0375, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0354

Requirements Regarding the Education of a Child or Young Adult

(1) The certified family must comply with all of the following requirements:

(a) Enroll the child or young adult in his or her school or educational placement, after the school or educational placement has been determined by the Department.

(b) Support the child or young adult in his or her school or educational placement, and respond to inquiries from the school or educational placement.

(c) Assure the child or young adult regularly attends the school or educational placement, and monitor the educational progress of the child or young adult, including keeping records of:

(A) The report cards of the child or young adult;

(B) Any reports received from the teacher, school, or educational placement;

(C) Any evaluations received as a result of educational testing or assessment;

(D) Disciplinary reports regarding the child or young adult; and

(E) Ongoing progress toward graduation of a child or young adult no later than age 19.

(d) Monitor educational successes, learning style, and potential learning difficulties of the child or young adult.

(e) Work with the caseworker of the child or young adult when referring the child or young adult for assessment of a possible disability.

(f) Notify the caseworker of the child or young adult of the certified family's interest in or intent to be appointed as the educational surrogate (see OAR 413-100-0506) parent of the child or young adult.

(g) Work with the Department to regularly share information regarding the educational progress of the child or young adult.

(2) The certified family may be appointed to safeguard a child's rights in the special education decision-making process. This appointment may occur pursuant to Division 581-015 of Oregon Department of Education administrative rules, or by the juvenile court under ORS 419B.220.

(3) The certified family may provide consent for a child or young adult placed in the home to participate in routine school-related activities, such as school enrollment, field trips within the state of Oregon, routine social events, sporting events, and cultural events.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0358

Requirements Regarding the Discipline of a Child or Young Adult

(1) The certified family must demonstrate a willingness to understand the meaning of the behaviors of the child or young adult, and have the ability to develop and use appropriate discipline strategies to address challenging behaviors.

(2) When disciplining a child or young adult, the certified family may not do any of the following:

(a) Use or threaten physical force.

(b) Use threats or intimidation.

(c) Withhold food or other items essential to the protection, safety, or well-being of a child or young adult.

(d) Discipline all children or young adults in the household for the misbehavior of one child or young adult.

(e) Use any form of punishment which includes but is not limited to:

(A) The deliberate infliction of physical force causing pain.

(B) Verbal abuse including derogatory remarks about the child or young adult, the family characteristics, physical traits, culture, ethnicity, language, sexual orientation, or traditions of the child or young adult.

(C) Denying a child or young adult visits, telephone, or other types of contact with an individual authorized in a visit and contact plan.

(D) Assigning extremely strenuous exercise or work.

(E) Use of or threatened use of restraining devices.

(F) Imposing a sanction, penalty, consequence, or reprimand for bed-wetting or during toilet training.

(G) Directing or permitting a child or young adult to punish another child or young adult.

(H) Threat of removal from the certified family home.

(I) Forcing or requiring a child or young adult to shower or bathe as a sanction, penalty, consequence, or reprimand.

(J) Extreme isolation as a means of punishment that restricts the ability of a child or young adult to talk with or associate with others.

(K) Locking a child or young adult in a room or outside of the home.

(3) The certified family may use a time-out only for the purpose of giving the child or young adult a short break to allow the child or young adult to calm himself or herself and regain control, and not as a punishment. The certified family must take into consideration the age and developmental level of the child or young adult in determining the length of a time-out.

(4) Pursuant to Child Welfare Policy I-B.1.6, "Enhanced Supervision", OAR 413-020-0200 to 413-020-0255, only an adult in a certified family or Department staff, who has been trained to use a physical restraint, may do so, unless a child, young adult, or others are at imminent risk of harm. Physical restraint may only be used if good judgment indicates that a physical restraint may safely be implemented. Any time a physical restraint is used, the certified family must follow the reporting requirements in OAR 413-020-0240.

(5) The certified family must notify and request assistance of the Department when the challenging behavior of a child or young adult may be beyond the ability of the certified family to discipline in a positive manner.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01, Renumbered from 413-200-0347, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0362

Requirements Regarding a Child or Young Adult's Medical Care and Notification Requirements

(1) In addressing the health care for a child or young adult, the certified family must:

(a) Work collaboratively with the Department in managing the health care needs of a child or young adult, which may include involving a parent of the child or young adult in medical, dental, and mental health appointments;

(b) Regularly exchange medical, dental, and mental health information of the child or young adult with the Department;

(c) Work collaboratively with providers in managing the medical, dental, and mental health needs of a child or young adult; and

(d) Maintain documentation of each child or young adult, including:

(A) Medical, dental, and mental health appointments;

(B) Medical, dental, and mental health information;

(C) Medical, dental, and mental health appointment follow-up reports; and

(D) Immunization records.

(2) A certified family must comply with the Department's direction on obtaining medical, dental, and mental health care for a child or young adult.

(3) A certified family may consent to routine examinations and laboratory tests.

(4) A certified family must allow vaccination and immunization of a child or young adult in accordance with the Department's case plan.

(5) Except as provided in section (6) of this rule, the certified family must contact the caseworker of a child or young adult to obtain appropriate prior consent from the Department before a child or young adult receives any medical care or undergoes a procedure, other than routine medical care.

(6) In an emergency, a certified family must notify the Department as soon as possible when emergency care is needed.

(7) Medication management requirements.

(a) The certified family must comply with all of the following requirements:

(A) Administer prescription medications to a child or young adult only in accordance with the written prescription or authorization.

(B) Record the dosage, date, and time that each medication is administered to a child or young adult on a form approved by the Department. If medication is given in a location other than the certified home, such as at school or in daycare, the medication log of the institution or program must be attached to the Department form. The medication form, with any attachments, must be submitted monthly to the caseworker of the child or young adult.

(C) Take the medication log to each medical appointment and share with the medical provider.

(D) Inform the caseworker of the child or young adult or the supervisor of the caseworker within one business day when a child or young adult is prescribed a psychotropic medication or the dosage of any existing prescription for psychotropic medication is changed.

(E) Begin administration of any psychotropic medication only after consent has been obtained from the Department pursuant to Child Welfare Policy I-E.3.3.1, "Psychotropic Medication Management", OAR 413-070-0400 to 413-070-0490.

(F) Maintain the documentation received from the caseworker when a child is prescribed a psychotropic medication or when the dosage of any existing prescription for a psychotropic medication is changed.

(b) Except as provided in subsection (c) of this section, the certified family must store all medications in such a way that the medications are inaccessible to a child or young adult and must store all psychotropic medications in locked storage.

(c) When a child or young adult is learning to manage his or her own medications, the certified family, the child or young adult, and the caseworker may develop an individualized, written plan for the child or young adult to access the medication. The child or young adult may not have access to medication that is not his or her own. The plan must state how the medication will be inaccessible to other children or young adults in the home. The certified family, the child or young adult, and the caseworker keep a copy of the plan.

(8) The certified family must comply with the personal care services plan for any child or young adult placed in the certified family's home and eligible for personal care services pursuant to Child Welfare Policy I-E.5.1.2, "Personal Care Services", OAR 413-090-0100 to 413-090-0210.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; Renumbered from 413-200-0346, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0371

Responsibilities and Notification Requirements for Selection and Use of Respite Care Providers and Babysitters

(1) Respite Providers.

(a) The certified family is responsible for identifying a safe and responsible respite care provider for a child or young adult placed in the certified family's home and must take into consideration:

(A) The age, special needs, attachment, and individual behaviors of each child or young adult; and

(B) The length of time that the child or young adult will be with the respite care provider.

(b) Responsibilities when identifying a respite care provider. The certified family must:

(A) Select a respite care provider who:

(i) Is at least 18 years of age;

(ii) Is capable of assuming child care and supervision responsibilities, including meeting the safety, health, and well-being needs of each child or young adult in the certified family's care;

(iii) Complies with OAR 413-200-0358; and

(iv) Is present with the children or young adults for whom they are providing respite care at all times.

(B) Provide to the certifier the name, address, and telephone number of the prospective respite care provider and receive Department approval under OAR 413-200-0281 prior to using the respite care provider.

(2) Babysitters.

(a) The certified family must use a responsible person 14 years of age or older for babysitting, and must:

(A) Assure the babysitter is capable of assuming child care responsibilities required to meet the needs of each child or young adult, and will be present with the child or young adult for whom the babysitter is providing care at all times, and

(B) Have no reason to suspect that the babysitter:

(i) Has any criminal history or child abuse or neglect history; or

(ii) Poses any risk to the child or young adult for whom the babysitter will provide care.

(b) The certified family may not use a babysitter for overnight care.

(c) Unless requested by the Department, the certified family does not need to provide identifying information to the Department to complete a criminal records check for a babysitter.

(3) General Provisions for Respite Care and Babysitting.

(a) The certified family must have an available method through which the certified family may be contacted in an emergency at any time the child or young adult is cared for by another individual.

(b) A certified family may use a licensed, registered, or approved childcare center or day care provider for a child or young adult, and must notify the Department in advance of using the childcare center or day care provider.

(c) Family and childhood activities.

(A) The certified family may give consent for a child or young adult in the Department's care or custody to participate in ordinary childhood activities, such as parties and sleepovers with friends, and organized activities provided by schools, religious or civic organizations, scouts, or similar groups.

(B) The certified family must verify that the event is safe, adequately supervised, and appropriate for the child or young adult based upon his or her needs.

(C) When the certified family has any questions regarding the child or young adult participating in an activity, the certified family must consult with the caseworker of the child or young adult.

(d) The certified family must notify the caseworker of the child or young adult and obtain the approval of the caseworker or caseworker's supervisor prior to the child or young adult being absent from the certified family for more than 24 hours.

(e) The certified family must obtain approval from the certifier or the certifier's supervisor when the certified family plans to provide respite care for another certified family causing the number of children or young adults in the home to exceed the maximum number of children or young adults on the certified family's Certificate of Approval.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; SOSCF 15-2002(Temp), f. & cert. ef. 12-19-02 thru 6-17-03; CWP 29-2003, f. 7-31-03 cert. ef. 8-1-03; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0377

Confidentiality

(1) The certified family must exercise good judgment in sharing personal information about the child or young adult and the family of the child or young adult. The certified family must store documents regarding the child or young adult and family of the child or young adult in a way that protects the privacy of the child or young adult and the family of the child or young adult.

(2) The certified family may not disclose confidential information regarding a child or young adult or the family of a child or young adult, except when necessary to promote or to protect the health and welfare of the child, young adult, or the community.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0379

Education and Training for Applicants and Certified Families

(1) An applicant must participate in the Department's orientation prior to receiving a Certificate of Approval, or within 30 days after the placement of a child or young adult in a home that has been issued a Child-Specific Certificate of Approval.

(2) Except as provided in sections (3) or (4) of this rule, each applicant and certified family must complete Foundations training before or within 12 months after the date on which the Certificate of Approval was issued,; or have written documentation of completion of equivalent training content from another licensed child-caring agency within two years of an applicant's dated application for a Certificate of Approval from the Department.

(3) A certified family is exempt from section (2) of this rule if a written, individualized training plan, specific to the needs of the children or young adults placed with a certified family holding a Child-Specific Certificate of Approval, has been approved by a supervisor and developed within 90 days after a Child-Specific Certificate of Approval has been issued by the Department.

(4) An applicant is exempt from section (2) of this rule if the applicant is applying to become a potential adoptive resource and has approval under OAR 413-120-0246.

(5) Foundations training is required if an applicant previously certified by the Department has not been certified within the preceding two years unless:

(a) Alternative training has been approved under sections (3) or (4) of this rule; or

(b) The supervisor waives the training requirement based on the applicant's documented knowledge and skills in caring for a child or young adult placed in the home by the Department.

(6) The certified family and the certifier must develop a training plan for each individual certified in the family to complete at least 30 hours of training during each two-year certification period, unless a written individualized training plan is developed for a certified family with a Child-Specific Certificate of Approval. The written individualized training plan:

(a) Must be designed to strengthen the certified family's ability to meet the safety, health, and well-being needs of the children or young adults placed in the certified family's home;

(b) May be less than the required 30 hours required during a certification period; and

(c) Must be approved by a certification supervisor.

(7) Each applicant and certified family with limited English proficiency or a hearing or visual impairment, and unable to meet the training requirements outlined in sections (1) to (6) of this rule may be provided an individualized training plan prepared by the certifier and approved by the certification supervisor.

(8) The Department may require a certified family to obtain more than the 30 hours of training for a two-year certification period depending on the needs of the children or young adults placed in the home or the knowledge, skills, and abilities of the certified family.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; Renumbered from 413-200-0349, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0383

Other Required Notifications

A certified family must notify the certifier or certifier's supervisor of all of the following:

(1) Any individual joining or leaving the household.

(2) Any prospective respite care provider.

(3) Any anticipated change in address.

(4) Any physical or structural change in the home or surrounding property on which they live.

(5) Any arrest or court conviction for any member of the household. This notification must occur within one business day.

(6) Any known allegation of child abuse or neglect perpetrated by any member of the household, or an individual who regularly visits the home. Such notification must occur on the day that the certified family learns of the allegation.

(7) The suspension of a driver license of any adult on the Certificate of Approval or any member of the household.

(8) Any change in the physical health, mental health, or medication of a member of the household that reasonably could affect the ability of the member or the family to meet the needs of safety, health, and well-being of a child or young adult.

(9) Any time any member of the household applies to become an in-home child care provider, an adult foster care, or in-home adult day care provider.

(10) Any time another agency wishes to place a child or young adult in the certified home.

(11) Any time the certified family agrees to provide respite care for another certified family.

(12) Any other circumstance that reasonably could affect the safety, health, or well-being of a child or young adult in the certified family's home.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0386

Requirements Regarding Mandatory Reporting

Any member of the household and any certified family's employee, independent contractor, or volunteer who works in the certified family's home, must report the pertinent information to the Department upon reasonable cause to believe that any child with whom the individual comes in contact has suffered abuse or neglect or that any adult with whom the individual comes in contact has abused or neglected a child.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0388

Requirements Regarding Visits in the Certified Family's Home

For purposes of assessing the conditions in the home that affect safety, health, and well-being for the child or young adult, a certified family must:

(1) Allow on-going in-home visits, both scheduled and unscheduled, by Department staff; and

(2) Allow Department staff unsupervised contact with a child or young adult.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0390

Requirements Regarding Maintaining the Certificate of Approval

(1) The Department may conduct an expedited certification and may issue a Child-Specific Certificate of Approval for no more than 180 days when assessment activities described in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0274(2)(a) to (p) have been completed.

(2) The Department may issue a full certification and Certificate of Approval for up to two years when all assessment activities in OAR 413-200-0274(6) have been completed.

(3) To remain certified, the certified family must submit a completed Application for Renewal or Change of Status, and the Department will assess the certified family every two years.

(4) When the certified family has submitted a timely application for re-certification, the current Certificate of Approval will not expire, despite any expiration date, until the Department has issued a new Certificate of Approval or there is a final order of denial.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0393

Requirements Regarding Inactive Referral Status

(1) A certified family may request that the Department place the home on Inactive Referral Status for any reason for up to 12 months. The inactive referral status begins immediately and while it is in effect:

(a) The Department will place no additional child or young adult in the home; and

(b) The certified family may not accept placement of any child or young adult from another agency.

(2) Inactive Referral Status, when requested by the certified family, ends:

(a) At the request of the certified family; or

(b) When the certificate expires: and

(A) The family has not timely applied for renewal of the certificate; or

(B) The Department has not renewed the certificate.

(3) The Department may initiate a certified family's Inactive Referral Status under the conditions described in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0294(5) or (6). When the Department initiates Inactive Referral Status, the Department must:

(a) Provide written notification to the certified family of the Inactive Referral Status within 14 business days; and

(b) Provide written notification to the certified family when Inactive Referral Status ends.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0394

Requirements Regarding Termination of a Certificate of Approval

(1) A certified family may voluntarily request that the Department terminate the Certificate of Approval and close the home. The certified family must give the Department ten-days notice before the Certificate of Approval is terminated. The Department must remove any child or young adult in the care or custody of the Department from the home before closing the home.

(2) When a child or young adult leaves a home that has a Child-Specific Certificate of Approval, the Department terminates the Child-Specific Certificate of Approval within 10 business days of the departure of the child or young adult, unless at least one of the following subsections applies:

(a) The child-specific certified family submits a written request to continue their Certificate of Approval as a foster parent under OAR 413-200-0289(4) within 10 business days of the departure of the child or young adult from the home.

(b) The Department has determined the child or young adult is removed because the certified family cannot meet the safety, health, and well-being needs of the child or young adult and has violated one or more rules under Child Welfare Policy II B.1, "Certification Standards for Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources", OAR 413-200-0301 to 413-200-0396.

(c) OAR 413-200-0395(6) applies.

(3) When the Department has determined that subsection (2)(b) of this rule applies, the Department will notify the certified family of the decision and issue a notice of intent to revoke the Certificate of Approval pursuant to OAR 413-200-0395(2).

(4) When a certified family moves to a different residence, the Department terminates the Certificate of Approval and closes the home. The Department may issue a new Certificate of Approval when the activities described in OAR 413-200-0292(5) have been completed.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0395

Requirements Regarding Denial and Revocation of a Certificate of Approval

(1) The Department may deny an application for a Certificate of Approval if an applicant fails to provide requested information within 90 days of a written request from the Department.

(2) The Department may deny an application or revoke a Certificate of Approval when:

(a) The applicant or certified family does not meet one or more of these rules (OAR 413-200-0301 to 413-200-0396);

(b) The Department discovers an applicant or a certified family has falsified information (by act of commission or omission) before or after the Certificate of Approval has been issued; or

(c) An applicant or certified family fails to provide information to or inform the Department of any disqualifying condition that arises before or after the Certificate of Approval has been issued.

(3) The Department must provide an applicant to become or remain a certified family a written notice of revocation or denial, which must comply with OAR 413-010-0510 and must state the reason or reasons for the revocation or the denial.

(4) Unless the certified family requests that the Department terminate the Certificate of Approval under OAR 413-200-0394(1), the Department must revoke a Certificate of Approval when a certified family violates one or more of these rules (OAR 413-200-0301 to 413-200-0396) and, at the conclusion of a Child Protective Services assessment, the Department determines that there is a safety threat in the certified family's home.

(5) Upon deciding to revoke a certified family's Certificate of Approval, the Department must remove from the home any child or young adult in the Department's care or custody.

(6) When the Department has issued a notice to revoke a Certificate of Approval, the certificate will not expire despite any expiration date on the Certificate of Approval, until there is a final order to revoke the Certificate of Approval.

(7) When the Department revokes a Certificate of Approval or denies an application to become a certified family, the Department has the discretion to require up to a five-year waiting period before the individual or individuals can reapply to become a relative caregiver or foster parent.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

413-200-0396

Requirements Regarding Contested Case Hearings

(1) Except as provided in section (4) of this rule, an applicant to become a certified family may request a contested case hearing to contest the Department's decision to deny a Certificate of Approval.

(2) A certified family may request a contested case hearing to contest the Department's decision to revoke the Certificate of Approval.

(3) A certified family or an applicant to become a certified family requests a contested case hearing, as provided in ORS Chapter 183, by providing a Child Welfare program manager a written request for a hearing within 30 days of the date that the Department mailed the notice of denial or revocation.

(4) ORS Chapter 183 does not provide a contested case process for an adoptive applicant who is denied approval as a potential adoptive resource.

(5) If the Department does not receive a request for a contested case hearing within 30 days of the date that the Department mailed the notice of denial or revocation, the certified family or applicant to become a certified family has waived the right to a hearing, except as provided in OAR 413-010-0505.

(6) Department actions when a contested case hearing is timely requested but such request is subsequently withdrawn are outlined in OAR 413-010-0530(1).

(7) OAR 413-010-0505 describes the requirements to a request for a contested case hearing due to the denial or revocation of a Certificate of Approval.

Stat. Auth.: ORS 409.050, 418.005, 418.640
Stats. Implemented: ORS 409.010, 418.005, 418.625 - 418.645
Hist.: SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11

Department Responsibilities During Screening andAssessment of a Child Abuse or Neglect Report Involving the
Home of a Department Certified Foster Parentor Relative Caregiver

413-200-0404

Purpose

(1) The purpose of these rules (OAR 413-200-0404 to 413-200-0424) is to describe Department responsibilities during the screening and assessment of a report of child abuse or neglect involving the home of a Department certified foster parent or relative caregiver. A report involves the home of a Department-certified foster parent or relative caregiver if the report alleges that someone in the home abused or neglected any child.

(2) When a report is received involving the home of a Department-certified foster parent or relative caregiver, these rules, Child Welfare Policies I-AB.1 to I-AB.7, "Child Protective Services" (OAR 413-015-0100 to 413-015-1230), II-B.1, "Standards for Certification of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources" (OAR 413-200-0301 to 413-200-0396), II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources" (OAR 413-200-0270 to 413-200-0296), and I-B.1, "Monitoring Child Safety" (OAR 413-080-0040 to 413-080-0067) apply.

Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.015 & 419B.020
Hist.: CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12

413-200-0409

Definitions

The following definitions apply to OAR 413-200-0404 to 413-200-0424:

(1) "Certification supervisor" means an employee of the Department, designated as a supervisor, supervising staff responsible for certification, training, and monitoring homes certified by the Department.

(2) "Certified family" means an individual or individuals who hold a Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(3) "Certifier" means a Child Welfare employee who conducts assessments of applicants interested in providing relative or foster care to a child or young adult in the care or custody of the Department or an adoptive applicant, determines whether or not to recommend approval of the operation of a relative care or foster home or an adoptive applicant, and monitors the compliance of a relative care or foster care home with Child Welfare certification rules.

(4) "Child" means a person under 18 years of age.

(5) "Child protective services assessment" (CPS assessment) means an investigation into a report of child abuse pursuant to ORS 419B.020, that includes activities and interventions to identify and analyze threats to child safety, determine if there is reasonable cause to believe child abuse or neglect occurred, and assure child safety through protective action plans, initial safety plans, or ongoing safety planning.

(6) "Child protective services supervisor" (CPS supervisor) means an employee of the Department trained in child protective services and designated as a supervisor.

(7) "Child protective services worker" (CPS worker) means an employee of the Department who has completed the mandatory Department training for child protective service workers.

(8) "Consulting foster parent or relative caregiver" means an individual who maintains or has held a Certificate of Approval to operate a foster or relative caregiver home, received Department approved training on the role of a "consulting foster parent or relative caregiver", and agrees to serve in this role.

(9) "Department" means the Department of Human Services, Child Welfare.

(10) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(11) "Inactive referral status" means a period of time, not to exceed 12 months, during which neither the Department nor any other agency will place an additional child or young adult with a certified family. The certified family or the Department may initiate the "inactive referral status".

(12) "Initial contact" means the first face-to-face contact between a CPS worker and a family. The initial contact includes face-to-face contact with the alleged child victim, his or her siblings, parent or caregiver, other children and adults living in the home; accessing the home environment; and gathering sufficient information on the family conditions and functioning to determine if present danger safety threats or impending danger safety threats exist.

(13) "Referral" means a report that has been assigned for the purpose of CPS assessment.

(14) "Relative caregiver" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.

(15) "Report" means an allegation of child abuse or neglect provided to the Department that the screener evaluates to determine if it constitutes a report of child abuse or neglect as defined in ORS 419B.005.

(16) "Screener" means a Department employee with training required to provide screening services.

(17) "Young adult" means a person aged 18 through 20 years.

Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.015 & 419B.020
Hist.: CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12; CWP 10-2014, f. 5-20-14, cert. ef. 5-27-14

413-200-0414

Department Actions During Screening

(1) Screener Actions.

(a) When a screener receives information involving the home of a certified family, the screener must:

(A) Refer to and follow Child Welfare Policy I-AB.2, "Screening", OAR 413-015-0200 to 413-015-0225 to gather and share information;

(B) Consult with the CPS supervisor before determining the Department's response;

(C) Notify the assigned caseworker of each child or young adult placed in the home, each assigned caseworker's supervisor, the assigned certifier, and the certifier's supervisor of all information received; and

(D) If the information is closed at screening as described in Child Welfare Policy I-AB.2, "Screening", OAR 413-015-0210(4):

(i) Document the information in provider case notes in the Department's information system; and

(ii) Notify the individuals listed in paragraph (C) of this subsection that the information was closed at screening.

(b) When a screener receives information alleging abuse or neglect of a young adult living in the home of a certified family, the screener must provide the information to the young adult's caseworker; and

(A) Provide the information to the Department's Aging and People with Disabilities Division local office, Community Developmental Disabilities Program, or Community Mental Health Program when the young adult is an individual with a diagnosed physical, developmental, or mental disability, respectively; or

(B) Provide the information to law enforcement.

(2) Certifier Actions. When the assigned certifier is notified by a screener that information involving the home of a certified family was closed at screening, the certifier must examine the information received and follow Child Welfare Policy II-B.1.1., "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources" (OAR 413-200-0270 to 413-200-0296).

(3) Assigned Caseworker Actions.

(a) When a report of information alleging abuse or neglect of a young adult has been shared with the Department's Aging and People with Disabilities Division local office, Community Developmental Disabilities Program, or Community Mental Health Program because the young adult is an individual with a diagnosed physical, developmental, or mental disability, the young adult's caseworker must coordinate the Department's response.

(b) When a report of information alleging abuse or neglect of a young adult has been shared with law enforcement, the young adult's caseworker must coordinate the Department's response with law enforcement.

(c) When a report is received alleging that a child or young adult in substitute care in the home of a certified family may have been subjected to abuse or neglect, and the screener determines that the report constitutes a report of child abuse or neglect as defined in ORS 419B.005, within three business days of the Department's receipt of the report, the caseworker of the child or young adult in substitute care who is the alleged victim must notify the following individuals that a report was received:

(A) The attorney for the child or young adult;

(B) The court appointed special advocate (CASA) for the child or young adult;

(C) The parents of the child or young adult;

(D) Any attorney representing the parents of the child or young adult; and

(E) If the disclosure is authorized by ORS 419B.035, others who are involved in the case plan as necessary.

(d) The notification of the parents of the child or young adult and any attorney representing the parents of the child or young adult in paragraphs (3)(c)(C) and (D) of this rule is not required if the notification may interfere with an investigation or assessment or jeopardize the safety of the child or young adult. The CPS supervisor, or the supervisor of a caseworker of the child or young adult may authorize an exception to the requirement to provide notification based on documentation that supports this conclusion.

Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.015 & 419B.020
Hist.: CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12; CWP 13-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14

413-200-0419

Department Actions During the CPS Assessment

(1) CPS Worker and CPS Supervisor Actions.

(a) If the report involving the home of a certified family is referred for a CPS assessment, the assigned CPS worker must convene a staffing before making initial contact unless the timing of the staffing will compromise child safety. The purpose of the staffing is:

(A) To determine and coordinate the response to the referral;

(B) To notify the certifier assigned to the home, the caseworkers assigned to each child or young adult placed in the home, and their respective supervisors of the referral; and

(C) To share information known by the Department regarding the children or young adults placed in the home and the certified family.

(b) The CPS worker must ensure that the following people are invited to the staffing:

(A) The assigned certifier or the certification supervisor; and

(B) The assigned caseworker of each child or young adult in the home or each caseworker's supervisor.

(c) The CPS supervisor or his or her designee must:

(A) Ensure that the staffing discussed in subsection (a) of this section occurs prior to the initial contact unless the timing of the staffing will compromise child safety;

(B) Determine whether the Child Welfare Program Manager, CPS Consultant, and Foster Care Coordinator should be invited to the staffing; and

(C) If the staffing does not occur prior to the initial contact, ensure the staffing occurs the next business day and that all persons identified in subsection (b) of this section share information known by the Department regarding children or young adults placed in the home, the certified family, and any other individuals living in the home.

(d) The CPS worker must complete the following activities during the CPS assessment:

(A) At initial contact, in addition to the requirements in Child Welfare Policy I-AB.4, "CPS Assessment", OAR 413-015-0400 to 413-015-0485, provide the certified family with the appropriate "What you need to know about a Child Protective Service Assessment" pamphlet;

(B) Consult with a CPS supervisor before making the decision to remove any child or young adult from the home;

(C) Provide on-going information to the assigned certifier and to the caseworkers of each child or young adult placed in the home on the status of the CPS assessment; and

(D) Complete the CPS assessment.

(2) Certifier and Certification Supervisor Actions. When the assigned certifier is notified that information received by a screener involving the home of a certified family is referred for a CPS assessment:

(a) Within one business day after the CPS worker has made initial contact, the certifier must contact and notify the certified family and provide them with the following information:

(A) The certifier is available to answer questions related to certification but will not discuss the specifics of the CPS assessment;

(B) The certified family is immediately placed on inactive referral status pending the completion of the CPS assessment;

(C) The certified family has the option of having a consulting foster parent or relative caregiver available for support during the assessment; and

(D) The names of foster parents and relative caregivers who have agreed to serve as a consulting foster parent or relative caregiver.

(b) Within one business day, the certifier must document the initiation of a CPS assessment and the placement of the certified family on inactive referral status in provider case notes in the Department's information system.

(c) Within one business day, the certifier must notify Department staff responsible for placement that the certified family's home is on inactive referral status.

(d) Within 14 days of the notification required in paragraph (2)(a)(B) of this rule, the Department must provide written notification to the certified family that the home has been placed on inactive referral status and place a copy of the written notification in the certification file.

(e) The certifier must provide ongoing information regarding the certified family and any individuals living in the home to the assigned CPS worker and the caseworkers of each child or young adult placed in the home.

(f) The certification supervisor must ensure that the actions required in subsections (a) through (e) of this section are completed if the certifier is unavailable.

Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.015 & 419B.020
Hist.: CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12

413-200-0424

Department Actions at the Conclusion of the CPS Assessment

(1) CPS Worker and Supervisor Actions.

(a) In addition to the actions required in Child Welfare Policy I-AB.4, "CPS Assessment", OAR 413-015-0400 to 413-015-0485, the CPS worker must convene a staffing within five business days of the completion of the CPS assessment to:

(A) Share information acquired during the CPS assessment, and the results of the CPS assessment;

(B) Discuss and determine whether any additional actions described in Child Welfare Policy I-AB.4, "CPS Assessment", OAR 413-015-0400 to 413-015-0485 are appropriate;

(C) Determine who needs to be notified of the disposition of the CPS assessment and determine which staff will be responsible for providing notification;

(D) Discuss certification actions that have been taken and whether any additional actions described in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0270 to 413-200-0296 are appropriate.

(b) The CPS worker must ensure that the following staff members are invited to the staffing:

(A) The CPS supervisor;

(B) The assigned certifier or the certification supervisor; and

(C) The caseworkers assigned to each child or young adult placed in the home of the certified family or their respective supervisors.

(c) The CPS supervisor or his or her designee must:

(A) Ensure that the staffing, discussed in subsection (a) of this section occurs;

(B) Determine whether the Child Welfare Program Manager, CPS Consultant, and Foster Care Coordinator should be invited to the staffing; and

(C) Approve notification of the following individuals of the disposition of the CPS assessment:

(i) The attorney for the child;

(ii) The court appointed special advocate (CASA) for the child;

(iii) The parents of the child;

(iv) Any attorney representing the parents of the child; and

(v) If the disclosure is authorized by ORS 419B.035, others who are involved in the case plan as necessary.

(D) The supervisor may authorize an exception to the notification of the parents of the child and any attorney representing the parents of the child required in paragraph (C) of this subsection if the notification may interfere with an investigation or assessment or jeopardize the safety of the child.

(d) At the conclusion of any CPS assessment, regardless of the disposition, the CPS supervisor must immediately notify the assigned caseworkers, the certifier, the CPS Consultant, and the Foster Care Coordinator that the CPS assessment has been completed and approved.

(2) Assigned Caseworker Actions.

(a) Within ten business days of the Department determining the disposition of a CPS assessment involving the alleged abuse of a child placed in the home of a certified family, the caseworker for the child must notify the individuals identified in paragraph (1)(c)(C) of this rule of the disposition unless an exception, described in paragraph (1)(c)(D) of this rule, is authorized by the CPS supervisor or his or her designee.

(b) Within ten business days of the conclusion of a law enforcement determination involving the alleged abuse of a young adult placed in the home of a certified family, the caseworker for the young adult must notify the individuals identified in paragraph (1)(c)(C) of this rule of the disposition, unless notification may interfere with an investigation or assessment or jeopardize the young adult's safety as authorized by the caseworker's supervisor.

(3) Certifier and Certification Supervisor Actions.

(a) At the conclusion of the CPS assessment, during or within five business days of the meeting required in subsection (1)(a) of this rule, the certifier and certification supervisor must:

(A) Staff the case and review all the information in the CPS assessment;

(B) Determine whether the information indicates certification actions described in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0270 to 413-200-0296 should be taken; and

(C) Assure documentation of the results of the staffing in provider case notes in the Department's information system.

(b) After completing the staffing required in subsection (1)(a) of this rule, if the Department determines:

(A) That the Certificate of Approval for the certified family should be revoked, the assigned certifier must initiate revocation of the Certificate of Approval as described in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0296.

(B) That inactive referral status should continue because one or more of the conditions in Child Welfare Policy II-B.1.1, "Responsibilities for Certification and Supervision of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0294 are present, the assigned certifier must summarize the outcome of the assessment and the reasons for continuing inactive referral status in a letter delivered to the certified family within 10 days of the completed CPS assessment. The certifier must retain a copy of the letter in the certification file.

(C) That the certificate will not be revoked after a founded or unable to determine disposition, the assigned certifier must:

(i) Submit written documentation supporting the continued certification of the certified family to the District Manager or Child Welfare Program Manager for approval;

(ii) Upon receiving approval for continued certification from the District Manager or Child Welfare Program Manager, remove the certified family from inactive referral status;

(iii) Within ten business days of receiving approval from the District Manager or Child Welfare Program Manager, send written notification to the certified family that the home is no longer on inactive referral status and retain a copy of the written notification in the certification file; and

(iv) Notify Department staff responsible for placement that the certified family is no longer on inactive referral status.

(4) The CPS worker or supervisor, and the certifier or supervisor must meet with the certified family within ten business days of the completion of the CPS assessment to explain the disposition and any certification actions that will be taken unless the certified family declines the opportunity for a meeting.

Stat. Auth.: ORS 409.050 & 418.005
Stats. Implemented: ORS 409.185, 418.005, 418.015, 419B.015 & 419B.020
Hist.: CWP 33-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 15-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 17-2008(Temp), f. & cert. ef. 7-17-08 thru 1-13-09; CWP 26-2008, f. & cert. ef. 10-1-08; CWP 17-2011(Temp), f. & cert. ef. 9-1-11 thru 2-28-12; CWP 38-2011, f. 12-27-11, cert. ef. 1-3-12

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