Or. Admin. R. 413-200-0294

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

Section 413-200-0294 - Responsibilities Regarding Inactive Referral Status

(1) The certified family or the Department may initiate an Inactive Referral Status. When a certified family is on Inactive Referral Status, no additional child or young adult may be placed in the home.

(2) When either a certified family or the Department initiates an Inactive Referral Status, the certifier must immediately notify Department staff responsible for placement that the certified family is unavailable for placement of a childor young adult and update the provider record.

(3) A certified family may ask the Department to place their home on Inactive Referral Status for any reason for up to 12 months. The Inactive Referral Status begins on the date requested by the certified family.

(4) Within 30 days of a certified family requesting Inactive Referral Status, the certifier must send a letter to the certified family that documents the inactive status, the reasons for the status, and the length of the Inactive Referral Status.

(5) When a certified family initiates Inactive Referral Status, if a child or young adult is currently placed in the home by the Department all certification standards and responsibilities remain in effect. If there is no child or young adult currently placed in the home by the Department, the home visit requirements may be waived if approved by a Child Welfare Program Manager or designee.

(6) The Department may initiate Inactive Referral Status for one or more of the following reasons:

(a) The special needs of a child or young adult, currently in the home, require so much of the certified family's care and attention that no agency should place an additional childor young adult in the home.

(b) The certified family or members of the household are experiencing significant family or life stress.

(c) The certified family does not currently meet one or more of the certification standards.

(7) The Department must place a certified family on Inactive Referral Status:

(a) When the Department is assessing an allegation of child abuse in the home; or

(b) The Department has made a decision to revoke the certified family's certificate

(8) If the Department initiates inactive referral status, the Department must:

(a) Within 14 business days, send a letter to the certified family that documents the beginning date of inactive referral status, the reason for the Inactive Referral Status, specific certification standards that have been violated, if any, and what action the Department may take if the conditions that warranted the inactive referral status are not resolved within the time frame of the inactive referral status; and

(b) Provide written notification to the certified family when inactive referral status ends.

(9)Inactive referral status, when requested by the certified family, ends:

(a) At the request of the certified family;

(b) When the certificate terminates or expires, unless the Department is in the process of assessing the certified family for renewal of the Certificate of Approval or

(c) No more than 12 months from the initiation of inactive referral status.

(10) If the certified family is not able or willing to end the inactive referral status, requested by the certified family, the Department may proceed to revoke the certificate as outlined in OAR 413-200-0296, unless the certified family requests to voluntarily terminate the certificate and the Department accepts the family's request.

(11) When the Department initiates Inactive Referral Status, the Department determines, within the time frame of the Inactive Referral Status, when the conditions that warranted the Inactive Referral Status have been resolved. The Department may revoke a certificate if a certified family is unable to remedy a violation of a certification standard within the time frame of the Inactive Referral Status.

(12) When the Inactive Referral Status ends at the request of the family or because the conditions that warranted the inactive referral status have been resolved, the certifier must:

(a) Document removal of the Inactive Referral Status in the provider record of the Department's electronic information system; and

(b) Send written notification to the family within 30 days.

Or. Admin. R. 413-200-0294

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 418.015 & ORS 418.640

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