Or. Admin. R. 413-200-0292

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

Section 413-200-0292 - Responsibilities Regarding a Previously Certified Resource Family and When a Certified Resource Family Moves

(1) The Department may conduct an assessment to reopen the previous certification when all of the following apply:

(a) The certification has been closed less than six months.

(b) The certificate would not have expired during the months the certification has been closed.

(c) There have been no additions to adult members of the household, and the previously certified resource family remain the same.

(d) The former certified resource family continues to live in the same residence.

(e) No new child abuse background exists, other than history which was previously assessed.

(f) No new arrests or convictions exist, other than history which was previously assessed.

(2) When a former certified resource family requests that the Department reopen the family's previous certification, and the requirements of section (1) of this rule are met, the certifier must undertake the following actions:

(a) Provide the former certified resource family with a Certified Family Certificate Renewal or Change of Status Application; and

(b) Complete a new LEDS and complete a new fingerprint-based criminal records check of national crime information databases on each applicant and each other adult member of the household, excluding a young adult in the care or custody of the Department and placed in the home. 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 child or young adult 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 complete certification 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 OAR 413-200-0296(3) 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.

(c) Assure completion of a new child abuse history background check for each applicant and each other adult member of the household.

(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 homehas lived outside the State of Oregon and within the United States in the previous five years, obtain 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 a young adult in the care or custody of the Department and placed in the home has lived outside of the United States in the previous five years, request 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; and

(D) When an applicant or other 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 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.

(d) Conduct a home visit to identify and assess any changes in the environment or family:

(A) Have face-to-face contact with each applicant and each other member of the household;

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

(C) 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;

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

(E) 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).

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

(e) Document in the provider record of the Department's electronic information system the circumstances under which the Department reopened the certification.

(3) Before the Department may reopen a previously certified resource family, a certification supervisor must assure that the certifier has completed the actions outlined in subsections (a) to (e) of section (2) of this rule and decide whether to approve or deny the family's request to reopen a certification.

(a) If the certification supervisor decides to approve the application, the Department may reopen the family for the time remaining on the certificate.

(b) If the certification supervisor decides that the application should be denied, the Department must proceed to issue a proposed and final order to deny the application as outlined in OAR 413-200-0296 unless the application is withdrawn.

(4) A family previously certified by the Department must complete Department required resource parent training if the family has not been certified within the last two years unless the certification supervisor either:

(a) Approves an individualized training plan for a certified resource family who has been issued a Child-Specific Certificate of Approval; or

(b) Waives the training requirement based on the family's documented knowledge and skills in caring for a child or young adult placed in the home by the Department.

(5) If subsections (a) or (b) of section (4) of this rule apply, document the approval of an individualized training plan or the waiving of the training requirement on a form approved by the Department.

(6) When the certified resource family moves to another residence in the State of Oregon, the Department terminates the certification. The Department may issue a new certification for the new residence after the activities described in this section have been completed. Within 10 business days, the Department must complete the following actions:

(a) Conduct a home visit.

(A) Provide the certified resource family a Certified Family Certificate Renewal or Change of Status Application;

(B) Review the completed Certified Family Certificate Renewal or Change of Status Application;

(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; and

(F) Assess any concerns regarding the certified resource family's ability to provide for the safety, health, and well-being needs of a child or young adult in the care or custody of the Department. Determine whether the home and certified resource family meet the standards under OAR 413-200-0301 to 413-200-0396 and document those assessment activities in the provider record.

(G) Ensure 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 that the Oregon Foster Children's Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860 (3) is available in the home.

(b) Document the circumstances of the family's relocation and the Department's decision about certification at the new address in the provider record of the Department's electronic information system.

(7) When a certified resource family has been initially certified by the local Child Welfare office in the county in which the family resides and the family moves to another county, the following must occur prior to the approval of the new certificate:

(a) The Child Welfare Program Managers or designees in both counties must coordinate the transfer of the record and ongoing Department responsibilities for certification; and

(b) A certifier must complete the actions described in section (6) of this rule.

(8) When a certified resource family intends to move outside the State of Oregon and the child or young adult placed in the home by the Department has been approved to remain with the certified resource family, OAR 413-040-0200 to 413-040-0330 applies.

Or. Admin. R. 413-200-0292

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 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 418.016 & ORS 418.640

Statutes/Other Implemented: ORS 418.015, ORS 418.016, ORS 418.315, ORS 418.625, ORS 418.005, ORS 409.010, 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