Or. Admin. R. 413-200-02893

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

Section 413-200-02893 - Responsibilities Regarding Withdrawal of an Application, Termination of a Certification

(1) When an applicant requests to withdraw his or her application for certification or adoption under OAR 413-200-0314, the certifier must document his or her communication regarding the applicant's request.

(2) An application may be considered to be withdrawn if, during the assessment process, the applicant fails to respond to a written request for contact from the certifier, the adoption worker, or the supervisor of the certifier or adoption worker within 30 days of the request.

(3) When a certified family requests the Department terminate their certification, the certifier must:

(a) Terminate the certificate on a date to be determined by the Department and the certified family, notify the certified family of the date the certificate was terminated and document the reasons for termination of the certificate; or

(b) If the Department intends to revoke the certificate, determine with a Child Welfare Program Manager or designee whether to accept the request to terminate the certificate or continue with the revocation process, inform the certified family of the Department's decision, and document the Department's decision regarding the certified family's request.

(4) The Department must terminate a Temporary Certificate of Approval or aChild-Specific Certificate of Approval on the expiration date of the Certificate, or 60 calendar days after the child or young adult placed in the home moves from the home of the certified family, whichever is earlier, unless at least one of the following applies:

(a) The certified family submits a written request to change the type of certificate from a Child-Specific Certificate of Approval to a Certificate of Approval under section (5) of this rule within 60 calendar days of the departure of the specific child or young adult from the home.

(b) The certified family requests to voluntarily terminate the Temporary Certificate of Approval or Child-SpecificCertificate of Approval, and the Department agrees to terminate the certificate;

(c) The Department determines the child or young adult placed in the home is removed because the certified family cannot provide for the safety, health, or well-being needs of the child or young adult placed in the home and has violated one or more rules under OAR 413-200-0301 to 413-200-0396; or

(d) OAR 413-200-0296(4) applies.

(5) When the Department determines that subsection (3)(c) of this rule applies, the Department must determine whether to revoke the Temporary Certificate of Approval or Child Specific Certificate of Approval.

(a) If the decision is to revoke, the Department must issue a notice of intent to revoke the Temporary Certificate of Approval or Child Specific Certificate of Approval.

(b) If the decision is not to revoke, the Department may terminate the certificate.

(6) When a certified family with a Temporary Certificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Temporary Certificate of Approval remain the same, the certifier must:

(a) Update the application to reflect the accurate applicant type;

(b) Ensure all activities under OAR 413-200-0274 are complete before issuing a Certificate of Approval; and

(c) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-120-0440(9).

(7) When a certified family with a Child-SpecificCertificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Child-Specific Certificate of Approval remain the same the certifier must:

(a) Provide the family with an application change from a Child-Specific Certificate of Approval to a Certificate of Approval;

(b) Assess the family's ability to provide for the safety, health, and well-being needs of a non-specific child or young adult in the care or custody of the Department pursuant to the requirements of OAR 413-200-0274 and the certified family's compliance with OAR 413-200-0301 to 413-200-0396;

(c) Document the assessment in the provider record; and

(d) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-120-0440(9).

(8) Before the Department may change the type of certificate under sections (5) and (6) of this rule, a certification supervisor must:

(a) Assure the certifier has completed all activities required by section (5) and (6) of this rule;

(b) Review the certifier's assessment of the certified family; and

(c) Determine, upon completion of the review in subsection (b) of this section, whether to approve or not approve the certified family's application to change the Child-Specific Certificate of Approval to a type of certificate that does not limit the family to care for a specific child or young adult.

(9) If the certification supervisor decides to approve the certified family's application to change the Child-Specific Certificate of Approval to a type of certificate that does not limit the family to care for a specific childin care, the Department must issue a Certificate of Approval with the same end date as the current certificate to the family.

(10) If the certification supervisor decides not to approve the certified family's application to change the type of certificate to one that does not limit the family to care for a specific child or young adult, the Department must proceed to issue a proposed and final order to deny the application as outlined in OAR 413-200-0296 unless the certified family voluntarily withdraws the application as provided in OAR 413-200-0314.

(11) No child or young adult in the care or custody of the Department may remain in the home if there is not an active certificate or the Department has taken an action to revoke certification, unless a court has ordered the child or young adult to remain in the home.

Or. Admin. R. 413-200-02893

CWP 4-2007, f. & cert. ef. 3-20-07; 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

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

Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.315 & ORS 418.625 - 418.648