Or. Admin. R. 411-346-0180 - Professional Responsibilities of a Foster Provider
(1) TRAINING AND DEVELOPMENT. A foster
provider must:
(a) Complete at least 15 hours
of pre-service training prior to initial certification and 10 hours annually
for certification renewal. The Department or certifying agency may require the
foster provider to complete additional training based on the needs of a child
receiving services in their child foster home.
(b) Participate in training provided or
approved by the Department or certifying agency. Such training must include
educational opportunities designed to enhance the awareness, understanding, and
skills of the foster provider to support the needs of a child placed in their
child foster home.
(c) Complete
mandatory reporter training prior to initial certification and annually
thereafter. Mandatory reporter training must be appropriate to the ages of the
individuals living in the child foster home.
(2) RELATIONSHIP WITH THE CHILD PLACING
AGENCY. A foster provider must:
(a) Take part
in planning, preparation, pre-placement activities, and visitation for a child
placed in their child foster home.
(b) Participate as a team member in
developing and implementing a child's ISP when initiated by the child's CDDP
services coordinator.
(c) In
advance or within one business day, notify the certifying agency of changes
likely to affect the life and circumstances of the foster provider's family or
the safety in the child foster home including, but not limited to, any of the
following:
(A) Foster family
illness.
(B) Divorce, legal
separation, or loss of a member of the household.
(C) Significant change in financial
circumstances.
(D) New members of
the household or placement of a child in foster care by another agency,
including relief care.
(E) Arrests
or criminal involvement.
(F) The
addition of hunting equipment and weapons.
(G) The addition of a swimming
pool.
(H) The addition of a
pet.
(d) Sign and abide
by the responsibilities described in a Child Foster Home Contract.
(e) Allow a certifying agency and child
placing agency reasonable access to the child foster home and to a child placed
in the care of the foster provider. Allow a child's family members reasonable
access to the child foster home and the child when placement is voluntary. For
the purpose of these rules, reasonable access means with advance notice unless
there is cause for not giving such notice.
(f) Allow the Department, designee of the
Department, or certifying agency access to:
(A) Investigate reports of abuse and
violations of a regulation or provision of these rules;
(B) Inspect or examine the child foster home,
the records and accounts of a child, and the physical premises including the
buildings, grounds, equipment, and any vehicles; and
(C) Interview the child, adult, or alternate
caregivers.
(g)
Participate in interviews conducted by the Department or the certifying
agency.
(h) Authorize alternate
caregivers to permit entrance by the Department or the certifying agency for
the purpose of inspection and investigation.
(3) CAPACITY.
(a) The capacity of a certified child foster
home includes all children living in the home and may not exceed the following,
except as described in subsection (c) of this section:
(A) A total of four children when one
certified adult lives in the child foster home.
(B) A total of seven children when two
certified adults live in the child foster home.
(b) The capacity of a child foster home is
limited to two children less than three years of age.
(c) A foster provider certified prior to July
1, 2007 with a capacity greater than the numbers listed in subsection (a) of
this section must meet the standard through attrition as children move out of
the child foster home.
(d) At the
time of a child's referral, a foster provider must be given available
information about the child including, but not limited to, the child's
strengths and what is important to the child, as well as behavior, skill level,
medical status, and other relevant information. A foster provider is obligated
to decline the referral of any child based on the referral information,
parameters of the certification of the child foster home, or if the foster
provider feels their skill level may not safely or effectively support the
child.
(e) A foster provider may
provide relief care in the child foster home for a child upon approval by the
certifying agency or the Department.
(f) An individual who turns 18 years of age
may continue to reside in their current child foster home until turning 26
years of age when the following conditions are met:
(A) The individual is participating in one of
the following activities:
(i) The individual
is working on completion of their Individualized Education Program;
(ii) The individual is enrolled part-time or
full-time in a university, college, vocational school, or trade
school;
(iii) The individual is
participating in a job training or apprenticeship program; or
(iv) The individual is working on building
skills to increase or maintain independence.
(B) The individual's ISP team supports the
individual's continued placement in their current child foster home as
documented in the individual's ISP.
(C) The certifier of the child foster home
and the individual's services coordinator support the individual's continued
placement in their current child foster home as indicated on form 6001A (ODDS
Variance Supplement Safety Assessment - Provider Serving Children and Adults in
the Same Home).
(D) A variance
request is completed and submitted to the Department in accordance with OAR
411-346-0210. The variance
request must include the completed 6001A form.
(E) The Department has approved the variance
request.
(g) Any
variance to subsections (a) through (f) of this section must take into
consideration the maximum safe physical capacity of a child foster home
including, but not limited to, the following:
(A) Sleeping arrangements.
(B) The ratio of adults to
children.
(C) The level of
available supervision.
(D) The
foster provider's skill level.
(E)
Individual plans for egress during fire.
(F) The needs of other children in the child
foster home.
(G) The desirability
of keeping siblings placed together.
(h) A foster provider may not care for
unrelated adults on a commercial basis in the child foster home and the child
foster home may not be used as a site type of shelter or day care without the
written approval of the Department.
(4) RELATIONSHIP WITH A CHILD'S FAMILY. In
accordance with a child's ISP and the child's guardian, a foster provider must:
(a) Support the child's relationship with
their family members, including siblings;
(b) Assist the CDDP staff and the guardian in
planning visits with the child and the child's family members; and
(c) Provide the child reasonable
opportunities to communicate with the child's family members.
(5) CONFIDENTIALITY.
(a) A foster provider and the foster
provider's family must treat personal information about a child or the child's
family in a confidential manner. Confidential information is to be disclosed on
a need to know basis to law enforcement, certifying agency staff, CDDP staff,
ODHS-CW child protective services staff, ODHS-CW case workers, and licensed
health care providers who are treating or providing services to the child. The
information shared must be limited to the child's health, safety, and service
needs.
(b) In addition to the
requirements in subsection (a) of this section, a foster provider and the
foster provider's family must comply with the provisions of ORS
192.553 through
192.568 and therefore may use or
disclose a child's protected health information only:
(A) To law enforcement, certifying agency
staff, CDDP staff, and ODHS-CW staff;
(B) As authorized by the child's personal
representative or guardian appointed under ORS
125.305,
419B.372,
419C.481, or
419C.555;
(C) For purposes of obtaining health care
treatment for the child;
(D) For
purposes of obtaining payment for health care treatment; or
(E) As permitted or required by state or
federal law or by order of a court.
(c) A foster provider must keep all written
records for each child in a manner that ensures their
confidentiality.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835
Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836
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