Or. Admin. R. 413-200-0296
Current through Register Vol. 63, No. 9, September 1, 2024
Section 413-200-0296 - Responsibilities Regarding Denial or Revocation of a Certification(1) The Department may deny an application for certification if: (a) Any of the reasons in OAR 413-200-0272 (3) exist;(b) The applicant fails to provide requested information within 90 days of a written request from the Department; or(c) When an adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, has been identified as the perpetrator alleged perpetrator, or respondent of abuse in a child protective services assessment founded disposition, unable to determine disposition, substantiated, inconclusive or a similar disposition from another agency or state as described in 413-200-0274(1)(l) and 413-200-0275(2)(m).(2) The Department may deny an application or revoke a Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval when: (a) The applicant or certified resource family does not meet or no longer meets one or more of the certification standards in OAR 413-200-0301 to 413-200-0396;(b) The Department has determined that the applicant or the certified resource family does not meet or cannot continue to provide for the safety, health or well-being needs of a child or young adult in the care or custody of the Department;(c) The Department discovers an applicant or certified resource family has falsified information by act of commission or omission;(d) An applicant or certified resource family fails to provide information to the Department or fails to inform the Department of any disqualifying condition, including a disqualifying condition that arises after the certification has been issued;(e) An applicant or certified resource family is found to have interfered or hindered an investigation of abuse of a child or young adult, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child or young adult who is the subject of the investigation or with witnesses;(f) A certified resource family interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child or young adult placed in the home of the certified resource family, violations of certification requirements, criminal activity in the certified resource family's home, violations of state or federal laws or any practice that threatens the health and safety of a child or young adult placed in the home of the certified resource family to:(A) Oregon Department of Human Services;(B) A law enforcement agency;(C) A family member, guardian or other person who is acting on behalf of the child or young adult.(g) A member of the household, excludinga child or young adult in the care or custody of the Department placed in the home, or a person who frequents the home is found to have a disqualifying conviction under OAR 413-120-0450(3) or (4) or an authorized designee makes a negative fitness determination;(h) The certified resource family fails to follow through with a placement support plan developed under OAR 413-200-0285; or(i) The Department determines a child or young adult has been removed because the certified resource family cannot provide for the safety, health, or well-being needs of the child or young adult and violated one or more rules under OAR 413-200-0301 to 413-200-0396.(3) When the Department determines that subsection (2)(g) of this rule applies, the Department must determine whether to revoke the Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval. If the Department decides to revoke, the Department must issue a notice of intent to revoke the Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval pursuant to OAR 413-010-0510.(4) The Department must take action to revoke a certification when, at the conclusion of a child protective services assessment, the Department determines there is an impending danger safety threat in the certified resource family's home, unless: (a) The certified resource family provides a request to voluntarily terminate the certificate; and(b) The Department agrees to accept the voluntary termination of the certificate.(5) If the Department decides to deny an application for a certificate, renewal of a certificate, or a Change of Status, or decides to revoke a certificate, the Department must provide an applicant or certified resource family a written notice of intent to deny the application or revoke the certificate, which must state the reasons for the action and comply with OAR 413-010-0510.(6) When the Department has issued a written notice to revoke a certificate before the stated expiration date on the certificate, the certificate must not expire until there is a final order on the notice to revoke the certificate.(7) The Department must remove from the home any child or young adult in the care or custody of the Department upon making the decision to revoke the certified resource family's certification and place the certified resource family on Inactive Referral Status.(8) The Department may deny an application for a certificate if, during the five years prior to the date an application is received by the Department, the applicant has had a previous application for certification denied or a prior certificate revoked, from any state, department or agency.Or. Admin. R. 413-200-0296
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 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 10/1/2022Statutory/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, 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