Or. Admin. R. 413-200-0275

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-200-0275 - Assessment for Issuance of a Temporary Certificate of Approval

The Department may only use the assessment described in this rule for the purpose of issuing a Temporary Certificate of Approval.

(1) A Temporary Certificate of Approval may be issued in the following circumstances:

(a) The applicant is a relative of the child or young adult or child or young adult's family;

(b) The applicant is known to the child or young adult or the child's or young adult's family, outside of the involvement of the Department;

(c) The applicant is a former resource parent or respite provider for the child or young adult;

(d) The applicant is a former certified or licensed resource parent with a skill set or knowledge to meet the needs of child or young adult requiring placement; or

(e) The applicant does not meet criteria in (a)-(d) above, but, has a skill set or knowledge to meet the specific needs of the child or young adult requiring placement.

(2) If (e) applies, approval of the Foster Care Program Manager or designee is required.

(3) To complete an assessment of an applicant and issue a Temporary Certificate of Approval, the certifier must:

(a) Review the completed application.

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

(A) Obtain approval of the supervisor to delay face-to-face contact with an applicant or other member of the household, and document the approval on a form approved by the Department; and

(B) Determine a date and time for the face-to-face contact within seven calendar days of the date the applicant or other member of the household becomes available.

(c) Explain to the applicant the process and requirements for certification of a relative resource parent or resource parent.

(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 childor young adult.

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

(g) Evaluate with the applicant, the children and young adults appropriate for placement in the home and the placement capacity.

(h) When appropriate, obtain approval from the Child Welfare Program Manager or designee on a form approved by the Department for any of the following circumstances:

(A) The home will exceed the maximum placement capacity as described in OAR 413-200-0278.

(B) An applicant or other member of the household provides child care in the home or is a foster care provider licensed by another child-caring agency.

(C) An applicant or other member of the household provides foster care or day care to adults in the home.

(D) An applicant is married, in a domestic partnership, or cohabitating but the spouse or partner is not an applicant, unless the individual is in the military stationed out of state.

(E) The applicant applies for a Child-Specific Certificate of Approval through a Department office other than the office in the county in which the family resides.

(i) Gather information from a minimum of two personal references for the applicant. If information from references are not able to be gathered prior to or on the day of issuance of the Temporary Certificate of Approval, then obtain within 24 hours.

(j) Complete a home visit:

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

(B) Walk through each room in the primary residence and each surrounding building and structure on the property, unless the building or residence is a self-contained, separate-entry residence rented to or owned by another individual;

(C) Complete a safety assessment of the home and surroundings using a form approved by the Department;

(D) Provide the home with age-appropriate documents outlining the Oregon Foster Children's Bill of Rights under ORS 418.201 and OAR 413-010-0180, Oregon Foster Children's Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860 (3); and

(E) Provide of copy of the Oregon Foster Parent Bill of Rights under ORS 418.648.

(k) 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 in the care or custody of the Department.

(l) Assure completion of a criminal records check through LEDS on each applicant and each other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, and initiate a fingerprint-based criminal offender records check of national crime information as outlined in OAR 413-120-0400 to 413-120-0475. For any child not in the care or custody of the Department and living in the home, when there is reason to believe the child may pose a risk to a childoryoung adult in the care or custody of the Department placed in the home, the Department may complete a criminal records check as outlined in OAR 413-120-0400 to 413-120-0475.

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

(B) If appropriate, obtain approval pursuant to OAR 413-120-0450 and 413-120-0455 to continue with the certification assessment of the applicant despite the criminal offender history of each applicant and each other member of the household; or

(C) If an applicant or other member of the household has a disqualifying conviction under OAR 413-120-0450(3) or (4) or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed under OAR 413-120-0460 and 413-200-0296(2) and issue a proposed and final order denying certification, unless the application is withdrawn by the applicant.

(D) Document the information considered and the decision on a form approved by the Department.

(m) Assure completion of a child abuse history background check in the state of Oregon for each applicant and each other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home.

(A) If an applicant or other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, has lived outside the state of Oregon and within the United States in the previous five years, initiate a child abuse history background check from each state where the individual resided in the five years preceding the date on the application for certification from the Department;

(B) If an applicant or other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, has lived outside of the United States in the previous five years, initiate the request for a child abuse history background check from each country where the individual lived within the five years preceding the date on the application for certification from the Department;

(C) Assess any safety concerns regarding each applicant and each other member of the household raised by information learned from the child abuse history background check in Oregon and if applicable, another state or country;

(D) When an applicant or other member of the household, excluding a child or young adult in the care and custody of the Department, has been identified as the perpetrator or alleged perpetrator, or respondent of abuse in a child protective services assessment in a founded disposition, substantiated disposition, unable to determine disposition, or inconclusive disposition for abuse to a child or young adult, or a similar disposition from another Department division, agency, or state, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager to continue with the certification assessment:

(i) If the decision is to seek approval, the Child Welfare Program Manager must consider the information and the safety concerns and may approve or deny continuing the assessment;

(ii) If the decision in subparagraph (i) of this paragraph is to deny continuing with the assessment, the Department may terminate the assessment process and, unless the application is withdrawn, proceed to deny the application under OAR 413-200-0296;

(iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department.

(n) Obtain supervisor review and approval of the assessment of the qualifications and ability of the applicant to provide safety, health, and well-being for the specific child or young adult in the care or custody of the Department.

(o) Upon completion of the activities in section (2) of this rule, and based on the assessment:

(A) Document completion of the activities described above and the assessment of whether the applicant and the home meet the qualifications and standards required in OAR 413-200-0301 to 413-200-0396 and the ability of each applicant to provide safety, health, and well-being for the child or young adult in the care or custody of the Department on a form approved by the Department when the recommendation is to issue a TemporaryCertificate of Approval;

(B) Issue a Notice of Intent to deny certification unless the application is withdrawn by the applicant; or

(C) Proceed to further assess as described in OAR 413-200-0276.

(4) If the Department issues a Temporary Certificate of Approval, it must comply with OAR 413-200-0276.

Or. Admin. R. 413-200-0275

CWP 20-2015, f. & cert. ef. 10/1/2015; 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 9-2021, amend filed 03/26/2021, effective 4/15/2021; CWP 30-2021, temporary amend filed 12/20/2021, effective 1/1/2022through 6/29/2022; CWP 14-2022, amend filed 06/23/2022, effective 6/29/2022; CWP 28-2022, temporary amend filed 12/29/2022, effective 1/1/2023 through 6/29/2023; CWP 69-2023, amend filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 418.640

Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.647 & ORS 418.648