Or. Admin. R. 413-200-0260

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-200-0260 - [Effective until 6/17/2024] Definitions

The following definitions apply to OAR chapter 413, division 200.

(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) "Age-appropriate or developmentally appropriate activities" means:

(a) Activities or items that are generally accepted as suitable for children or young adults of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or young adult, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child or young adult, activities or items that are suitable for the child or young adult based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.

(3) "Applicant" means any individual who applies:

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

(b) To change certification type; or

(c) For approval through the Department as a potential adoptive resource.

(4) "Certificate of Approval" means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a child or young adult in the care or custody of the Department.

(5) "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.

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

(7) "Certified Respite Care" means respite care provided by a Certified Respite Provider or a certified resource family that has been issued a two-year certificate of approval.

(8) "Certified Respite Provider" means an individual certified by the Department to provide certified respite care to a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department.

(9) "Certifier" means a Department employee who:

(a) Conducts assessments of applicants, members of the household, home and surroundings;

(b) Determines whether to recommend issuance of a Respite Certificate of Approval, Temporary Certificate of Approval, Certificate of Approval, Child-Specific Certificate of Approval, or approval as an adoptive resource; and

(c) Monitors the compliance and ongoing assessment of a certified resource family or Certified Respite Provider, home and surroundings with OAR 413-200-0301 to 413-200-0396 and OAR 413-205-0000 to 413-205-0085

(10) "Child" means a person who:

(a) Is under 18 years of age; or

(b) Is under 21 years of age and residing in or receiving care or services from:

(A) A child-caring agency or proctor foster home;

(B) A foster home certified by the Department; or

(C) A developmental disabilities residential facility, unless the care is being provided to the child by the child's parent.

(11) "Child care" means the supervision of a child in the care or custody of the Department by a licensed, approved, or listed provider required due to the employment or educational program of the certified resource family.

(12) "Child Care Facility" means each of the following:

(a) A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.

(b) A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.

(c) A Certified Child Care Center, which is certified to care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a building constructed as other than a single-family dwelling.

(d) A Listed Facility, which is a child care provider who has been approved by the Department Self-Sufficiency Program for child care on behalf of clients of the Department.

(13) "Child protective services assessment" (CPS assessment) means an investigation into a report of abuse pursuant to ORS 419B.020 or ORS 418.257 that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and assure safety through protective action plans, initial safety plans, or ongoing safety planning.

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

(15) "Child-Specific Certificate of Approval" means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a specific child or young adult in the care or custody of the Department and for whom the Department determines a placement is needed.

(16) "Cohabitating" means the act of adults, unmarried to each other, living together in an intimate relationship.

(17) "Criminal records check" means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:

(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information obtained from other sources.

(b) A fingerprint based national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI). The national criminal records check may also include a review of other criminal records information.

(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information sources located in, or regarding, a state or jurisdiction outside Oregon.

(18) "Denial" means the refusal of the Department to approve an application for certification and issue or renew a certification.

(19) "Department" means the Oregon Department of Human Services.

(20) "Designee" means a person whom the designator directly and immediately supervises, or a person with equal or greater management responsibility than the designator.

(21) "Discipline" means a training process a 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.

(22) "Disqualifying condition" means any information or circumstance related to a person or to the home that does not meet one or more of the requirements in OAR 413-200-0301 to 413-200-0396.

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

(24) "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.

(25) "Impending danger safety threat" means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.

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

(27) "Informal Respite Care" means respite care provided by an individual known to the certified resource parent and/or the child or young adult in care when that individual is not a Certified Respite Provider or a certified resource family.

(28) "Involuntary seclusion" means confinement of a child or young adult alone in a room or an enclosed space from which the child or young adult is prevented from leaving by any means. A resource parent or respite provider certified by Child Welfare, a child-caring agency, a caregiver, or other person may not put a child or young adult into involuntary seclusion. Involuntary seclusion includes:

(a) Involuntary seclusion of a child or young adult for the convenience of a resource parent or respite provider certified by Child Welfare, a caregiver, or other person.

(b) Involuntary seclusion of a child or young adult to discipline the child or young adult.

(c) Involuntary seclusion of a child or young adult as a form of punishment.

(d) Involuntary seclusion of a child or young adult done in retaliation.

(29) "Member of the household" means any adult, young adult or child living in the home, including the applicant, resource parent or relative resource parent.

(30) "Orientation" means the initial training provided by the Department to certified resource families and prospective and current applicants for foster care, adoption, and relative care providing information about the certification and home study process, an overview of the Oregon child welfare system, and expectations of Oregon certified families.

(31) "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.

(32) "Placement support plan" means a documented set of actions or resources that is developed to assist a certified resource family to maintain conditions that provide safety and well-being for a child or young adult.

(33) "Present danger safety threat" means an immediate, significant, and clearly observable family behavior, condition, or circumstance occurring in the present tense, already endangering or threatening to endanger a child. The family behavior, condition, or circumstance is happening now, and it is currently in the process of actively placing a child in peril.

(34) "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.

(35) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(36) "Relative Resource Parent" means a person defined as a "relative" under OAR 413-070-0000 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.

(37) "Resource parent" means a person 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.

(38) "Respite care" means an arrangement to relieve a family with an open child welfare case or a certified resource family of their responsibilities by a person temporarily assuming responsibility for the care and supervision of a child or young adult.

(39) "Revocation" means an administrative act by the Department that rescinds an existing Certificate of Approval, Child-Specific Certificate of Approval, Temporary Certificate of Approval, or Respite Certificate of Approval.

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

(41) "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.

(42) "Temporary Certificate of Approval" means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a specific child or young adult in the care and custody of the Department. The "Temporary Certificate of Approval" is valid for up to 180 days unless an extension is granted under OAR 413-200-0276(3).

(43) "Wrongful use of a restraint" "Restraint" means the physical restriction of a child or young adult's actions or movements by holding the child or young adult or using pressure or other means. A resource parent or respite provider certified by Child Welfare, or a caregiver may not use a restraint on a child or young adult, except as specifically indicated in subsections (a)(E and G) and (b) below.

(a) Wrongful restraints include, but are not limited to:

(A) Chemical restraint. Chemical restraint means a drug or medication that is administered to a child or young adult to control behavior or restrict freedom of movement.

(B) Mechanical restraint. Mechanical restraint means a device used to restrict the movement of a child or young adult or the movement or normal function of a portion of the body of a child or young adult.

(C) Prone restraint. Prone restraint means a restraint in which a child or young adult is held face down on the floor.

(D) Supine restraint. Supine restraint means a restraint in which a child or young adult is held face up on the floor.

(E) Any intentional and nonincidental use of a solid object, including the ground, a wall, or the floor, to impede a child or young adult's movement, unless necessary to gain control of a weapon.

(F) Any restraint that places, or creates a risk of placing, pressure on a child or young adult's neck or throat.

(G) Any restraint that places, or creates a risk of placing, pressure on a child or young adult's mouth, unless necessary for the purpose of extracting a body part from a bite.

(H) Any restraint that impedes, or creates a risk of impeding, a child or young adult's breathing.

(I) Any restraint that involves the intentional placement of any object or a hand, knee, foot, or elbow on a child or young adult's neck, throat, genitals or other intimate parts.

(J) Any restraint that causes pressure to be placed or creates a risk of causing pressure to be placed, on a child or young adult's stomach, chest, joints, throat or back by a knee, foot or elbow.

(K) Any other action, the primary purpose of which is to inflict pain.

(L) Any restraint of a child or young adult for the convenience of a resource parent or respite provider certified by the Child Welfare, or a caregiver.

(M) Any restraint of a child or young adult to discipline the child or young adult.

(N) Any restraint of a child or young adult as a form of punishment.

(O) Any restraint of a child or young adult done in retaliation.

(b) Wrongful restraints do not include:

(A) Holding the child or young adult's hand or arm to escort the child or young adult safely and without the use of force from one area to another;

(B) Assisting the child or young adult to complete a task if the child or young adult does not resist the physical contact;

(C) Using a physical intervention if the intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

(D) Using a physical intervention that uses the least amount of physical force and contact possible; or

(E) Using a physical intervention that is not a prohibited restraint described in (a) above.

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

Or. Admin. R. 413-200-0260

CWP 20-2015, f. & cert. ef. 10/1/2015; CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 54-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 53-2019, amend filed 12/23/2019, effective 1/1/2020; CWP 121-2020, temporary amend filed 04/01/2020, effective 04/01/2020 through 09/27/2020; CWP 9-2021, amend filed 03/26/2021, effective 4/15/2021; CWP 30-2021, temporary amend filed 12/20/2021, effective 1/1/2022 through 6/29/2022; CWP 14-2022, amend filed 06/23/2022, effective 6/29/2022; CWP 27-2022, temporary amend filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 70-2023, amend filed 06/29/2023, effective 6/29/2023; CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 6/17/2024

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640

Statutes/Other Implemented: ORS 418.625, ORS 409.050, ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.027, ORS 418.285, ORS 418.315, ORS 418.470, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648