Or. Admin. R. 413-200-0287

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

Section 413-200-0287 - Assessment for Renewal of Certification

(1) When an application for a certification renewal is received before the current certificate expires the Department must reassess the certified resource family to determine whether to renew the Certificate of Approval or Child-Specific Certificate of Approval for two additional years.

(2) The Department may terminate the assessment process at any time and deny the application for certification renewal for one or more of the reasons in OAR 413-200-0296 or, if the application is for approval to be a potential adoptive resource, OAR 413-120-0225(2).

(3) To complete the assessment and renew a Certificate of Approval or Child-Specific Certificate of Approval, the certifier must:

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

(b) Conduct a minimum of one visit to the home of the certified resource family and:

(A) Have face-to-face contact with each member of the household.

(B) Complete the questionnaires and interviews necessary to complete a home study update.

(C) Observe and assess the safety of the physical environment.

(D) 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.

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

(F) Confirm the home has posted age-appropriate documents outlining the Oregon Foster Children's Bill of Rights under ORS 418.201 and OAR 413-010-0180, and has available to any child or young adult placed in the home the Oregon Foster Children's Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860(3).

(c) Confirm completion of required hours of training, ensure the provider record of the Department's electronic information system reflects all completed training, and develop a training plan for the new certification period.

(d) Assess information from the caseworker of each child or young adult placed by the Department with the certified resource family during the past 180 days.

(e) Assure completion of criminal records checks on each applicant and each other adult member of the household, excluding a young adult in the care or custody of the Department, previously approved informal respite provider, previously approved child care provider and, at the Department's discretion, 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 by the Department as described in OAR 413-120-0400 to 413-120-0460. 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 or Child-Specific Certificate of Approval, unless an applicant or other adult 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 an applicant, other adult member of the household, and previously approved informal respite provider or child care pursuant to OAR 413-120-0400 and 413-120-0460; and

(B) If appropriate, request approval to complete certification of the applicant despite the new criminal offender history of an applicant or other adult member of the household.

(C) If an applicant or other member of the household has a disqualifying conviction under OAR 413-120-0400 to 413-120-0460 or the authorized designee makes a negative fitness determination with respect to the individual, the Department must issue a proposed and final order denying certification unless the applicant withdraws application.

(D) If the previously approved informal respite provider or child care provider has a new disqualifying conviction under OAR 413-120-0400 to 413-120-460 or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed to notify the certified resource family of the determination.

(f) Assure completion of child abuse history background checks 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, previously approved informal respite care provider, and previously approved child care provider.

(A) If an applicant or other adult member of the household, excluding a young adult in the care or custody of the Department and placed in the home, previously approved informal respite care provider, or previously approved child care provider has lived outside the state of Oregon or outside of the United States for more than 60 consecutive days during the two-year certification period, a child abuse history background check must be obtained from each state and requested from each country where the individual resided during the two-year certification period.

(B) Assess any safety concerns regarding the applicant, other adult member of the household, excluding a young adult in the care or custody of the Department and placed in the home, previously approved informal respite care provider, or previously approved child care provider raised by information learned from the child abuse history background check.

(C) When an applicant or other adult member of the household, excluding a young adult in the care or custody of the Department and 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 child or young adult in the care or custody of the Department, or a similar disposition from another division of the Department, agency or state, which has not previously been approved, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager to continue with the assessment for renewal:

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

(ii) If the decision in subparagraph (i) of this paragraph is to deny continuing with the assessment for renewal, 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.

(D) When the previously approved informal respite or child care provider 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 child or young adult in the care or custody of the Department, or a similar disposition from another division of the Department, agency or state, which has not previously been approved, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager:

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

(ii) If the decision in subparagraph (i) of this paragraph is to proceed with approval of the informal respite or child care provider, notify the certified resource family of the Department's determination.

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

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

(h) Review and analyze the certified resource family's skills and abilities in maintaining conditions in the home that provide for the safety, health, and well-being and ability to meet the safety, health, and well-being needs for the child or young adult in the care or custody of the Department, maintaining relationships with the community and the Department, supporting the case plan of the child or young adult and the certified resource family's compliance with OAR 413-200-0301 to 413-200-0396.

(i) When recommending renewal of the certification, 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 certification supervisor for approval.

(4) Before the Department may renew a certification, a certification supervisor must:

(a) Assure the certifier has completed all assessment activities required by subsections (3)(a) to (i) of this rule and review the certifier's assessment of the certified resource family;

(b) Review the home study update; and

(c) Determine whether to approve or deny the application for renewal.

(5) When the certification supervisor approves the application for renewal, the Department may issue a new Certificate of Approval or Child-Specific Certificate of Approval, valid for two years from the expiration date of the current Certificate of Approval or Child-Specific Certificate of Approval.

(6) If the certification supervisor decides not to approve the application for renewal, the Department must proceed to deny the application as outlined in OAR 413-200-0296 unless the certified resource family voluntarily withdraws their application as provided in OAR 413-200-0314. The current certificate continues until its expiration date unless the Department proceeds to revoke the certificate as outlined in OAR 413-200-0296 or the certified resource family requests to voluntarily terminate the certificate and the Department accepts the family's request. If the certificate did not expire under section (7) of this rule and the certified resource family withdraws the application, the certificate terminates.

(7) Pursuant to ORS 183.430, if the certified resource family has submitted a timely application and the Department does not complete the activities in sections (3) to (5) of this rule before the stated expiration date on the certified resource family's Certificate of Approval or Child-Specific Certificate of Approval, the certified resource family's Certificate of Approval does not expire until the Department has issued a new Certificate of Approval or Child-Specific Certificate of Approval or there is a final order denying renewal.

Or. Admin. R. 413-200-0287

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; 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 17-2022, temporary amend filed 06/28/2022, effective 6/29/2022 through 12/25/2022; CWP 21-2022, amend filed 09/27/2022, effective 10/1/2022; 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

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

Statutes/Other Implemented: ORS 418.016, ORS 409.010, ORS 418.005, ORS 418.015, 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