Or. Admin. R. 411-346-0220 - Conditions, Denial, Suspension, Revocation, Refusal to Renew, and Civil Penalties
(1)
CONDITIONS.
(a) The Department may attach
conditions to a certificate that limit, restrict, or specify other criteria for
the operation of a child foster home. The type of condition attached to a
certificate must directly relate to the risk of harm or potential risk of harm
to children.
(b) The Department
may attach conditions to a certificate upon any of the following findings:
(A) Information on the application or initial
inspection requires a condition to protect the health, safety, or welfare of
children.
(B) A threat to the
health, safety, or welfare of a child exists.
(C) There is evidence of abuse.
(D) The child foster home is not being
operated in compliance with these rules or the rules in OAR chapter 411,
divisions 004, 304, and 318.
(c) Conditions the Department may impose on a
certificate include, but are not limited to, the following:
(A) Restricting the total number of children
in the child foster home based upon the ability and capacity of the foster
provider to meet the health and safety needs of the children.
(B) Requiring alternate caregivers to meet
the needs of the children.
(C)
Requiring additional qualifications or training of the foster provider and
alternate caregivers.
(D)
Restricting a foster provider from allowing a person on the premises who may be
a threat to the health, safety, or welfare of a child.
(E) Requiring additional documentation.
(F) Restricting a foster provider
from opening an additional foster home setting.
(G) Limiting a foster provider to the care of
a specific child. A foster provider with this condition does not receive
referrals.
(H) Restricting entry.
(d) The Department shall
impose a condition prohibiting new entry or transfer into a child foster home
when there is a death of a child served by the foster provider that results in
a protective services investigation and the foster provider was responsible for
delivering supports to the child during the time associated with the child's
death.
(A) A new entry or transfer may be
accepted while the condition is in place, if the entry or transfer approval is
granted by the Department and the case management entity.
(B) The condition may be terminated:
(i) Following the protective services
investigation determination that abuse was not a factor in the child's death;
or
(ii) At the discretion of the
Department upon satisfactory demonstration by the foster provider that:
(I) There are adequate protections in place
to prevent or minimize risk of harm to other children receiving the same or
similar type of services; and
(II)
Entry of additional children into the child foster home does not negatively
impact the foster provider's ability to safely serve children.
(e) The
Department issues a written notice to the foster provider when the Department
imposes conditions to a certificate. The written notice of conditions includes
the conditions imposed by the Department, the reason for the conditions, and
the opportunity to request a hearing under ORS chapter 183.
(A) Conditions take effect immediately upon
issuance of the written notice of conditions or at a later date as indicated on
the notice and are a Final Order of the Department unless later rescinded
through the hearing process.
(B)
The conditions imposed remain in effect until the Department has sufficient
cause to believe the situation which warranted the condition has been
remedied.
(f) The foster
provider may request a hearing in accordance with ORS chapter 183 and this rule
upon written notice of conditions. The request for a hearing must be in
writing.
(A) The foster provider must request
a hearing within 21 calendar days from the receipt of the written notice of
conditions.
(B) In addition to, or
in lieu of a hearing, the foster provider may request an administrative review
as described in subsection (g) of this section. The request for an
administrative review must be in writing. The administrative review does not
diminish the right of the foster provider to a hearing.
(C) The Department shall be allowed
reasonable requests for setting or postponement of any hearing to allow for the
conclusion of a protective services investigation when a condition is imposed
related to the protective services investigation.
(g) ADMINISTRATIVE REVIEW.
(A) In addition to the right to a hearing, a
foster provider may request an administrative review by the Director of the
Department for imposition of conditions. The request for an administrative
review must be in writing.
(B) The
Department must receive a written request for an administrative review within
10 business days from the date of the notice of conditions. The foster provider
may submit, along with the written request for an administrative review, any
additional written materials the foster provider wishes to have considered
during the administrative review.
(C) The determination of the administrative
review is issued in writing within 10 business days from the date of the
written request for an administrative review, or by a later date as agreed to
by the foster provider.
(D) The
foster provider may request a hearing if the decision of the Department is to
affirm the condition. The request for a hearing must be in writing. The
Department must receive the written request for a hearing within 21 calendar
days from the date of the original written notice of conditions.
(h) A foster provider may send a
written request to the Department to remove a condition if the foster provider
believes the situation that warranted the condition has been
remedied.
(i) Conditions must be
posted with the certificate in a prominent location and be available for
inspection at all times.
(2) DENIAL, SUSPENSION, REVOCATION, REFUSAL
TO RENEW.
(a) The Department shall deny,
suspend, revoke, or refuse to renew a certificate where it finds there has been
substantial failure to comply with these rules.
(b) Failure to disclose requested information
on the application or providing falsified, incomplete, or incorrect information
on the application shall constitute grounds for denial or revocation of the
certificate.
(c) The Department
shall deny, suspend, revoke, or refuse to renew a certificate if the foster
provider fails to submit a plan of correction, implement a plan of correction,
or comply with a final order of the Department.
(d) Failure to comply with OAR
411-346-0200(5)
may constitute grounds for denial, revocation, or refusal to renew.
(e) The Department may deny, suspend, revoke,
or refuse to renew the child foster home certificate where imminent danger to
health or safety of a child exists, including any founded report or
substantiated abuse.
(f) The
Department shall deny, suspend, revoke, or refuse to renew a certificate if the
foster provider has been convicted of any crime that would have resulted in an
unacceptable background check as defined in OAR
407-007-0210 upon
certification.
(g) Suspension shall
result in the removal of a child placed in the foster home and no placements
shall be made during the period of suspension.
(h) The applicant or foster provider whose
certificate has been denied or revoked may not reapply for certification for
five years after the date of denial or revocation.
(i) The Department shall provide the
applicant or the foster provider a written notice of denial, suspension, or
revocation that states the reason for such action.
(j) Such revocation, suspension, or denial
shall be done in accordance with the rules of the Department and ORS chapter
183 that govern contested cases.
(3) CIVIL PENALTIES.
(a) The Department may impose a civil penalty
under ORS 427.900 on a foster provider for
a violation of OAR 411-346-0190(19).
(b) A civil penalty of not less than $100 and
not more than $250 per violation, except as otherwise provided in this rule,
may be imposed on a foster provider for a violation of OAR
411-346-0190(19).
(c) When a foster provider receives
notification from the Department of a violation for which a civil penalty may
be imposed, the foster provider must take action to immediately eliminate the
violation.
(d) The Department shall
give the foster provider written notice of the imposition of a civil penalty
consistent with ORS 183.415 including all of the
following:
(A) A statement of the foster
provider's right to a hearing, with a description of the procedure and
timeframe to request a hearing, or a statement of the time and place of the
hearing.
(B) A statement of the
authority and jurisdiction under which the hearing is to be held.
(C) A reference to the specific sections of
the statutes and rules involved.
(D) A short and plain statement of the
matters asserted or charged.
(E) A
statement indicating whether and under what circumstances an order by default
may be entered.
(F) A statement
that active duty servicemembers have a right to stay proceedings under the
federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or
the Oregon Military Department for more information. The statement must include
the toll-free telephone numbers for the Oregon State Bar and the Oregon
Military Department and the Internet address for the United States Armed Forces
Legal Assistance Legal Services Locator website.
(e) The foster provider has 20 calendar days
from the receipt of the notice of civil penalty in which to make a written
application for a hearing before the Department.
(f) If the foster provider fails to request a
hearing within 20 calendar days, a final order may be entered by the Department
assessing a civil penalty.
(g) All
hearings are conducted pursuant to the applicable provisions of ORS chapter
183.
(h) If, after a hearing, the
foster provider is found to be in violation of OAR
411-346-0190(19),
an order may be entered by the Department assessing a civil penalty.
(i) If the order is not appealed, the amount
of the civil penalty is payable within 10 calendar days after the order is
entered. If the order is appealed and is sustained, the amount of the civil
penalty is payable within 10 calendar days after the court decision. The order,
if not appealed or sustained on appeal, constitutes a judgment and may be filed
in accordance with the provisions of ORS
183.745. Execution may be issued
upon the order in the same manner as execution upon a judgment of a court of
record.
(j) Judicial review of
civil penalties imposed under ORS
427.900 are provided under ORS
183.480, except that the court
may, in its discretion, reduce the amount of the civil penalty.
(k) Unless otherwise directed by statute, all
civil penalties recovered under ORS
427.900 are paid into the State
Treasury and shall be deposited to the Department of Human Services Account
established under ORS
409.060 and may be used by the
division of the Department that provides developmental disabilities services
for system improvements and the implementation of policies.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 427.900 & 443.835
Statutes/Other Implemented: ORS 183.745, 409.010, 427.007, 427.104, 427.900, 430.215, 443.830 & 443.835
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