Or. Admin. Code § 413-200-0335

Current through Register Vol. 63, No. 11, November 1, 2024

Section 413-200-0335 - Standards Regarding the Home Environment

The applicant or certified resource family must allow Department staff access to 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, and ensure the home and surrounding environment comply with all of the following requirements:

(1) General Conditions:

(a) The home must be the primary residence of the applicant or certified resource family and the residence where the child or young adult placed by the Department must reside.

(b) The home must have adequate space, including space for safe and appropriate sleeping arrangements, for each member of the household.

(A)Department staff must consider the age, gender, gender expression, and gender identity, culture, special needs, behavior, and history of abuse of the child or young adult in the care or custody of the Department, when determining appropriate sleeping arrangements.

(B) Each child or young adult in the care or custody of the Department must have access to their own bed and may not share a bed with an unrelated person.

(C) Sharing the same sleep surface with a child under the age of 12 months is prohibited.

(D) A child under the age of 12 months must be placed on their back for sleep.

(E) Use of crib bumpers, pillows or other soft materials in the sleeping area of a child under the age of 12 months is prohibited.

(c) To respect the privacy of a child or young adult in the care or custody of the Department, the home may not use electronic monitoring. Electronic monitoring means the use of video monitoring or listening devices to monitor or record the behavior of a child or young adult. Electronic monitoring does not include:

(A) Door monitors;

(B) Window alarms;

(C) Motion detectors;

(D) Security systems being used for general home security;

(E) Audio or video baby monitors used to monitor a child placed by the Department five years of age and under; or

(F) Monitors recommended by medical or mental health providers for medical purposes or for understanding emotional or behavioral health. Monitors must be approved by the Department.

(d) The certified resource family must post and comply with the Foster Children's Bill of Rights as required by OAR 413-010-0170 to 413-010-0185 and have available in the home the Oregon Foster Children's Sibling Bill of Rights. The Oregon Foster Parent Bill of Rights under ORS 418.648, must be provided to the certified resource family by the Department.

(e) The applicant or certified resource family must have access to a working telephone to make and receive phone calls. The child or young adult must have access to a phone and have the ability to call their CASA, attorney or caseworker at any time.

(f) The applicant or certified resource family must consider the age, special needs, and capabilities of the child or young adult in the care or custody of the Department, and have necessary safeguards to assure that:

(A) Swimming pools, wading pools, ponds, hot tubs and play equipment are maintained to assure safety, kept in working condition, equipped with sufficient safety barriers or devices to prevent injury, and used by a child or young adult in foster care with appropriate supervision for the age and development of the child or young adult;

(B) Outdoor tools and equipment, machinery, chemicals, flammables, and combustibles are stored in a safe manner;

(C) Animals are properly cared for and kept in compliance with local ordinances;

(D) Access of a child or young adult in the care or custody of the Department placed in the home to potentially dangerous animals is restricted;

(E) Potentially dangerous hunting and sporting equipment are stored in a safe and secure manner inaccessible to a child or young adult in the care or custody of the Department placed in the home.

(2) Firearms must be secured, stored, transferred, and maintained in accordance with state law, including but not limited to ORS 166.392 to 166.403.

(a) ORS 166.395 generally requires a firearm in a home with a child to be secured with a trigger or cable lock, or in a locked container, or in a gun room whenever the firearm is not carried by or under the control of the owner or possessor of the firearm or an authorized person, unless the owner of the firearm is a police officer, storage of the firearm is a covered by a policy of the law enforcement agency employing the police officer, and the firearm is stored in compliance with the policy.

(b) ORS 166.403 requires a person who delivers or transfers a firearm to a child to directly supervise the child's use of the firearm, unless a firearm other than a hand gun is transferred to the child;

(A) In accordance with ORS 166.470 and, as a result of the transfer, the child is the owner of the firearm; or

(B) the firearm is temporarily transferred to a child by the child's parent or guardian or by another person with the consent of the child's parent or guardian for the purpose of hunting or target shooting.

(c) The certified resource family must consider the age, special needs, and capabilities of the child or young adult in the care or custody of the Department placed in the home when determining if an animal is a safe and appropriate pet.

(d) The certified resource family must receive authorization from the caseworker of the child or young adult or the caseworker's supervisor prior to the beginning of hunting or target practice by the child or young adult in the care or custody of the Department placed in the home.

(3) Sanitation and Health:

(a) The home must have the necessary equipment for the safe preparation, storage, serving, and clean-up of food.

(b) The home must have a safe, properly maintained, and operational heating system. Space heaters must be plugged directly into a wall outlet and must be equipped with tip-over protection.

(c) The home and furnishings must be clean and in good repair, and the grounds must be maintained.

(d) There must be no unsafe accumulation of garbage or debris.

(e) The home must have safe and adequate drinking water, and an adequate source of safe water to be used for personal hygiene.

(f) The home must have an operating bathroom.

(g) The certified resource family must provide age, cultural and health appropriate hygiene products to the child or young adult placed in the home by the Department.

(h) There must be provision for the safe storage and administration of all medications in the household, taking into consideration the age, developmental level, and needs of the child or young adult in the care or custody of the Department placed in the home.

(i) There must be easily accessible first aid supplies in the home, and a reasonable understanding of how to use such supplies.

(j) Smoking and other substances:

(A) A child or young adult in the care or custody of the Department placed in the home may not be exposed to any type of second-hand smoke in the family's home or vehicle; and

(B) An applicant or other member of the household may not provide a child or young adult in the care or custody of the Department placed in the home any form of the following: alcohol, tobacco, nicotine, marijuana, or any illegal substance.

(C) All products referenced in paragraph (B) of this subsection must be stored in a safe and secure manner inaccessible to a child or young adult in the care or custody of the Department placed in the home.

(4) Fire and Carbon Monoxide Safety:

(a) The home must have all of the following:

(A) Within 24 hours of the time the applicant is certified, all of the following must be present in the home:

(i) A working smoke alarm in each bedroom where a child or young adult in the care or custody of the Department placed in the home sleeps.

(ii) At least one working smoke alarm on each floor of the home.

(iii) A working carbon monoxide detector within 15 feet of each bedroom where a child or young adult in the care or custody of the Department placed in the home sleeps.

(iv) At least one working carbon monoxide detector on each floor.

(v) At least one operable fire extinguisher rated 2-A:10-B-C or higher.

(B) At least one means of emergency exit and at least one additional means of rescue from the home.

(C) An adequate safeguard around operating fireplaces, wood stoves, or other heating systems that may cause burns to a child or young adult in the care or custody of the Department placed in the home who is developmentally unable to reasonably follow safety rules regarding such devices.

(D) A written, comprehensive home evacuation plan, shared with each child or young adult in the care or custody of the Department placed in the home within 24 hours of placement, and practiced at least every six months. The written, comprehensive home evacuation plan must include a provision for the safe exit of a child or young adult who is not capable of understanding or participating in the evacuation plan.

(E) Operable, quick-release mechanisms on barred windows. If a home does not have operable quick-release mechanisms on all barred windows, the home evacuation plan required in paragraph (D) of this subsection must be approved by the Department.

(F) Interior doors that lock must be operable from both sides of the door.

(b) Each bedroom used by a child or young adult in the care or custody of the Department placed in the home must have:

(A) At least one unrestricted exit;

(B) At least one secondary means of exit or rescue;

(C) Smoke alarms required under paragraph (a)(A) of this section; and

(D) Unrestricted, direct access at all times to hallways, corridors, living rooms, or other such common areas.

(5) Travel and Transportation Safety:

(a) An applicant or certified resource family must have available, and be willing to use, a safe and reliable method of transportation.

(b) An applicant or other member of the household must provide proof of a valid driver license and current insurance when operating a motor vehicle with a child or young adult in the care or custody of the Department as a passenger.

(c) The applicant or certified resource family must assure that, as required by current state law:

(A) Only a licensed and insured driver transports a child or young adult in the care or custody of the Department placed in the home in motorized vehicles; and

(B) A child or young adult uses a seat belt or age and size appropriate safety seat when transported in motorized vehicles. An instrument of restraint other than a seat belt or age and size appropriate safety seat may not be used during the transportation of a child or young adult in the care or custody of the Department placed in the home.

(d) Written authorization from the Department must be received by the certified resource family prior to transporting, or authorizing transport of a child or young adult in the care or custody of the Department placed in the home out of the State of Oregon or outside the United States.

(e) A certified resource family must request approval from the Department no less than 90 days prior to any international travel with a child or young adult in the care or custody of the Department placed in the home. In an emergency, the certified resource family must request approval from the Department as soon as the need for international travel becomes known.

Or. Admin. Code § 413-200-0335

SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01; SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07; Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert .ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, 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; CWP 20-2022, minor correction filed 08/22/2022, effective 8/22/2022

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

Statutes/Other Implemented: ORS 418.005, ORS 409.010, 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