Or. Admin. Code § 419-440-0080
Current through Register Vol. 64, No. 1, January 1, 2025
Section 419-440-0080 - Foster Care Agencies: Annual Review and ApprovalA foster care agency must comply with all of the following requirements:
(1) The foster care agency must evaluate every proctor foster home at least once every 12 months to ensure that the home continues to meet the standards.(2) Except as provided in section (3) of this rule, the annual review must include all of the following: (a) The foster care agency must update the written home study required by OAR 419-440-0040(3).(b) A completed background check for all members of the household age 18 and over, excluding a child in care, must be completed as required by OAR 407-007-0200 to 407-007-0370. A background check for a household member under the age of 18 is required if there is reason to believe that a background check may reveal information that is useful in assessing any risk posed by the household member.(c) A completed state of Oregon child abuse history background check:(A) For all members of the household age 18 and over; and(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.(d) If an adult member of the household has lived outside the state of Oregon in the previous five years, and an out-of-state child abuse history background check has not been completed, a child abuse history background check must be requested from each state or foreign country where the individual resided in the last five years.(e) Documentation that the home remains in full compliance with the safety standards in OAR 419-440-0050.(f) A recommendation to approve or deny the re-issuance of the certificate of approval of the proctor foster home. If the agency denies renewal based on information provided by the Department to the agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the proctor foster home applicant, the agency must disclose to the proctor foster home applicant the reason for the denial.(3) If the Department's Background Check Unit (BCU) has not notified the foster care agency of the BCU's final fitness determination for all household members for whom the agency requested a background check, before the stated expiration date on the proctor foster home's certificate of approval, and all of the following conditions have been met, the current certificate of approval will remain valid until the foster care agency has issued a new certificate of approval or there is a denial of the application.(a) All requirements described in subsections (2)(a), (2)(e), and (2)(f) of this rule have been met.(b) The foster care agency has submitted timely and complete background check applications to the BCU on all applicable household members.(4) If the proctor foster home certificate was extended as described in section (3) the effective date of the new certificate of approval shall be the date the proctor foster home applicant met compliance in all areas including, but not limited to, completed background checks for all applicable household members.Or. Admin. Code § 419-440-0080
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0480, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019; Renumbered from 413-215-0331 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 44-2023, minor correction filed 06/06/2023, effective 6/6/2023Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.325