Or. Admin. Code § 413-205-0021

Current through Register Vol. 64, No. 1, January 1, 2025

Section 413-205-0021 - Responsibilities Regarding Inactive Referral Status

(1) The Certified Respite Provider or the Department may initiate an Inactive Referral Status. When a Certified Respite Provider is on Inactive Referral Status, no child or young adult may receive respite care in the home.

(2) When either a Certified Respite Provider or the Department initiates an Inactive Referral Status, the certifier must immediately notify Department staff responsible for utilization of Certified Respite Providers that the Certified Respite Provider is unavailable for respite of a child or young adult and update the provider record.

(3) A Certified Respite Provider 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 Respite Provider.

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

(5) When a Certified Respite Provider initiates Inactive Referral Status, 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 Certified Respite Provider or members of the household are experiencing significant family or life stress.

(b) The Certified Respite Provider does not currently meet one or more of the certification standards.

(7) The Department must place a Certified Respite Provider 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 Respite Provider's certificate.

(8) If the Department initiates Inactive Referral Status, the Department must:

(a) Within 14 business days, send a letter to the Certified Respite Provider 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 Respite Provider when Inactive Referral Status ends.

(9)Inactive Referral Status, when requested by the Certified Respite Provider, ends:

(a) At the request of the Certified Respite Provider;

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

(c) No more than 12 months from the initiation of Inactive Referral Status.

(10) If the Certified Respite Provider is not able or willing to end the Inactive Referral Status, requested by the Certified Respite Provider, the Department may proceed to revoke the certificate as outlined in OAR 413-205-0025, unless the Certified Respite Provider 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 Respite Provider is unable to remedy a violation of a certification standard within the time frame of the Inactive Referral Status.

Or. Admin. Code § 413-205-0021

CWP 70-2023, adopt filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.640 & ORS 409.010