Or. Admin. R. 413-200-0276

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

Section 413-200-0276 - Assessment to Move from a Temporary Certificate of Approval to a Certificate of Approval or Child-Specific Certificate of Approval

(1) To complete the assessment of an applicant that already has been issued aTemporary Certificate of Approval and issue a Certificate of Approval or Child-Specific Certificate of Approval, the certifier must complete the following activities as soon as possible, but no later than 180 days from the date the Temporary Certificate of Approval is issued, unless the certificate has been extended under subsection (3) of this rule:

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

(b) Seek input from the caseworker of the child or young adult placed in the home and gather information regarding the adjustment of the child oryoung adult to the home and the certified resource family's ability to meet the needs of the child oryoung adult.

(c) Conduct a home visit at least every 90 days, and when necessary, additional home visits. During each visit, review and assess the certified resource family's compliance with certification standards and the conditions that appear to exist in the home that affect safety, health and well-being for the child or young adult placed in the home; and document the certified family's compliance with the certification standards after each visit in the Department's electronic system.

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

(e) Assure completion of a criminal records check and a fingerprint-based criminal records check of national crime information databases on each applicant and each other adult member of the household, excludingany young adult in the care and custody of the Department placed in the home, and, at the Department's discretion, on any child, not in the care and custody of the Department and living in the home, when there is reason to believe the child may pose a risk to a child or young adult placed in the home 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, request approval, pursuant to OAR 413-120-0450 and 413-120-0455, to complete certification of the applicant despite the criminal offender history of each applicant or other member of the household; and

(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 OAR 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.

(f) Assure completion of the child abuse history background checks for each applicant and each other adult member of the household, excludinganyyoung adult in the care and custody of the Department placed in the home, as required in OAR 413-200-0274(1)(l).

(A) Ensure completion of child abuse history background checks when an 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, has lived outside the state of Oregon and within the United States in the previous five years from each state where the individual lived within the five years preceding the date on the application for certification from the Department;

(B) Ensure completion of child abuse history background checks when an 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, has lived outside the United States in the previous five years, from each country where the individual lived within the five years preceding the date on the application for certification from the Department;

(i) Document receipt of any documentation received from each country in the Department's information system;

(ii) Document the certification supervisor's approval for efforts made to obtain records from each country in the Department's information system;

(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; and

(D) When an applicant or other member of the household, excludingany young adult in the care and custody of the Department placed in the home, 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 a 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.

(g) Verify that the certified resource family:

(A) Has completed Orientation within 30 days after the Temporary Certificate of Approval was issued; and

(B) Has a plan:

(i) To complete Department required resource parent training before or within 12 months after the date on which the Temporary Certificate of Approval was issued, unless the certification supervisor waives the training requirement based on the family's documented knowledge and skills in caring for a child oryoung adult in the care or custody of the Department; or

(ii) Has a written, individualized training plan, approved by a certification supervisor, specific to meeting the needs of the child or young adultplaced with the certified resource family. The individualized training plan must:

(I) Include training on the mental, emotional, and physical impacts of abuse including sexual abuse and rape of a child; and

(II) Be developed within 90 days after the Temporary Certificate of Approval or Child Specific Certificate of Approval is issued by the Department.

(h) Discuss and develop a training plan under OAR 413-200-0379(6) for each certified adult in the family.

(i) Document the assessment of the certified resource family's qualifications and ability to provide safety, health, and well-being for the child oryoung adult in the care or custody of the Department in a home study on a form approved by the Department when the recommendation is to issue a Certificate of Approval or Child-Specific Certificate of Approval

(j) Obtain approval from the certification supervisor of the home study.

(2) If the certifier has completed all of the activities in section (1) of this rule, the Department may issue a Certificate of Approval or Child-Specific Certificate of Approval.

(3) When the activities described in sections (1) and (2) of this rule have not been completed within 180 days:

(a) The Certification supervisor may extend the Temporary Certificate of Approval on a form approved by the Department for up to 30 days; and

(b) The Child Welfare Program Manager may extend the Temporary Certificate of Approval for more than 30 days.

Or. Admin. R. 413-200-0276

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; 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

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

Statutes/Other Implemented: ORS 418.016, ORS 418.005, 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 418.645, ORS 418.647 & ORS 418.648