Or. Admin. Code § 413-205-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-205-0015 - Department Responsibilities to Certify a Respite Provider

(1) To certify a respite applicant the certifier must complete all of the following:

(a) Review the completed application;

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

(c) Explain to the respite applicant the process and requirements for a Respite Certificate of Approval;

(d) Discuss with the respite applicant the role and responsibilities of the Department;

(e) Discuss the respite applicant's motivation for and interest in caring for a child or young adult in the role as a Certified Respite Provider;

(f) Assure the respite applicant possesses a valid driver license and auto insurance if the respite applicant will transport a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department;

(g) Complete a home visit and observe and assess the safety of the physical environment. Document the home assessment on the Safety, Home Environment and Privacy Acknowledgement;

(h) Assure completion of a criminal records check through the Law Enforcement Database System (LEDS) and a fingerprint-based criminal records check of national crime information databases by the Federal Bureau of Investigation (FBI) on each respite applicant and all other adult members of the household;

(A) Assess the information obtained from the criminal records check and if there are criminal convictions complete a weighing test and fitness determination as described in OAR 413-120-0400 through OAR 413-120-0475;

(B) If a respite applicant or other member of the household has a disqualifying conviction under OAR 413-120-0450 or the authorized designee makes a negative fitness determination, the Department must proceed under OAR 413-120-0460 and 413-205-0025 and issue a proposed and final order denying certification, unless the application is withdrawn by the respite applicant.

(i) Assure completion of a child abuse history background check in the state of Oregon for each respite applicant and each other adult member of the household, as follows:

(A) If a respite applicant or other adult member of the household has lived outside of the state of Oregon in the previous five years, obtain a child abuse history background check for each state the individual has lived in the previous five years preceding the date on the application for certification from the Department;

(B) If a respite applicant or other adult member of the household has lived outside of the United States in the previous five years, initiate the request for 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 respite 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 a respite applicant or other member of the household, has been identified as the perpetrator, alleged perpetrator, or the respondent of abuse in a child protective services assessment founded disposition, substantiated disposition, unable to determine disposition, or inconclusive disposition 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 safety concerns and may approve or deny continuing the assessment of the Certified Respite applicant.

(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 413-205-0025.

(iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department.

(j) Verify completion of the required Certified Respite Provider training;

(k) Gather information from a minimum of two personal references for the respite applicant, no more than one of which may be provided by the respite applicant's relatives; and

(l) Document the completion of the activities, on a form approved by the Department.

(2) When the respite applicant has a current approved adoption home study prepared by an Oregon licensed private agency under OAR 419-420-0010 to 419-420-0160, the adoptive home certificate may be used to fulfill required components under (1) of this section. The certifier must still complete the following with any approved adoptive home that has applied to be a Certified Respite Provider:

(a) Review the completed application to be a Certified Respite Provider;

(b) Obtain a copy of the approved adoptive home certificate;

(c) Confirm the completion dates of the adoptive home study criminal records check, child welfare background check, and the safety assessment of the home and surroundings with the licensing adoption agency that issued the certificate;

(d) Explain to the respite applicant the process and requirements for a Respite Certificate of Approval;

(e) Discuss with the respite applicant the role and responsibilities of the Department;

(f) Discuss the respite applicant's motivation for and interest in caring for a child or young adult in the role as a Certified Respite Provider;

(g) Verify completion of the required Certified Respite Provider training; and

(h) Document the completion of the activities, as a narrative approval, on a form approved by the Department.

(3) The Department must assess a respite applicant and determine whether to approve the application or deny the application within 180 days of Department receipt of a completed application unless the application is withdrawn by the applicant.

Or. Admin. Code § 413-205-0015

CWP 27-2022, temporary adopt filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 27-2022, temporary adopt filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 70-2023, adopt filed 06/29/2023, effective 6/29/2023; CWP 74-2023, minor correction filed 07/10/2023, effective 7/10/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.010 & ORS 418.640