Or. Admin. Code § 413-200-0260 - Definitions
The following definitions apply to OAR chapter 413, division 200.
(1) "Adoptive resource" means an
individual or individuals selected by the Department, another public child
welfare agency, or a licensed adoption agency as the adoptive family for a
child where no administrative review was requested within the timeframe allowed
for such a request, or if a review was requested, the selection has been
sustained by that review and the review is complete.
(2) "Age-appropriate or developmentally
appropriate activities" means:
(a) Activities
or items that are generally accepted as suitable for children or young adults
of the same chronological age or level of maturity or that are determined to be
developmentally appropriate for a child or young adult, based on the
development of cognitive, emotional, physical, and behavioral capacities that
are typical for an age or age group; and
(b) In the case of a specific child or young
adult, activities or items that are suitable for the child or young adult based
on the developmental stages attained by the child or young adult with respect
to the cognitive, emotional, physical, and behavioral capacities of the child
or young adult.
(3)
"Applicant" means any individual who applies:
(a) To become or remain a certified resource
family;
(b) To change certification
type; or
(c) For approval through
the Department as a potential adoptive resource.
(4) "Certificate of Approval" means a
document the Department issues to a certified resource family to approve the
operation of a home to provide care for a child or young adult in the care or
custody of the Department.
(5)
"Certification supervisor" means an employee of the Department, designated as a
supervisor, supervising staff responsible for certification, training, and
monitoring homes certified by the Department.
(6) "Certified resource family" means an
individual or individuals who hold a current Certificate of Approval from the
Department to operate a home to provide care, in the home in which the
individual or individuals reside, to a child or young adult in the care or
custody of the Department.
(7)
"Certified Respite Care" means respite care provided by a Certified Respite
Provider or a certified resource family that has been issued a two-year
certificate of approval.
(8)
"Certified Respite Provider" means an individual certified by the Department to
provide certified respite care to 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.
(9)
"Certifier" means a Department employee who:
(a) Conducts assessments of applicants,
members of the household, home and surroundings;
(b) Determines whether to recommend issuance
of a Respite Certificate of Approval, Temporary Certificate of Approval,
Certificate of Approval, Child-Specific Certificate of Approval, or approval as
an adoptive resource; and
(c)
Monitors the compliance and ongoing assessment of a certified resource family
or Certified Respite Provider, home and surroundings with OAR
413-200-0301 to
413-200-0396 and OAR
413-205-0000 to
413-205-0085
(10) "Child" means a person who:
(a) Is under 18 years of age; or
(b) Is under 21 years of age and residing in
or receiving care or services from:
(A) A
child-caring agency or proctor foster home;
(B) A foster home certified by the
Department; or
(C) A developmental
disabilities residential facility, unless the care is being provided to the
child by the child's parent.
(11) "Child care" means the supervision of a
child in the care or custody of the Department by a licensed, approved, or
listed provider required due to the employment or educational program of the
certified resource family.
(12)
"Child Care Facility" means each of the following:
(a) A Registered Family Child Care Home,
which is the residence of a provider who has a current Family Child Care
Registration at that address and who provides care in the family living
quarters.
(b) A Certified Family
Child Care Home, which is a child care facility located in a building
constructed as a single-family dwelling that has certification to care for a
maximum of 16 children at any one time.
(c) A Certified Child Care Center, which is
certified to care for 13 or more children, or a facility that is certified to
care for 12 or fewer children and located in a building constructed as other
than a single-family dwelling.
(d)
A Listed Facility, which is a child care provider who has been approved by the
Department Self-Sufficiency Program for child care on behalf of clients of the
Department.
(13) "Child
protective services assessment" (CPS assessment) means an investigation into a
report of abuse pursuant to ORS
419B.020 or ORS
418.257 that includes activities
and interventions to identify and analyze safety threats, determine if there is
reasonable cause to believe abuse occurred, and assure safety through
protective action plans, initial safety plans, or ongoing safety
planning.
(14) "Child protective
services worker" (CPS worker) means an employee of the Department who has
completed the mandatory Department training for child protective service
workers.
(15) "Child-Specific
Certificate of Approval" means a document the Department issues to a certified
resource family to approve the operation of a home to provide care for a
specific child or young adult in the care or custody of the Department and for
whom the Department determines a placement is needed.
(16) "Cohabitating" means the act of adults,
unmarried to each other, living together in an intimate relationship.
(17) "Criminal records check" means obtaining
and reviewing criminal records as required by these rules and includes any or
all of the following:
(a) An Oregon criminal
records check where criminal offender information is obtained from the Oregon
State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon
criminal records check may also include a review of other criminal records
information obtained from other sources.
(b) A fingerprint based national criminal
records check where records are obtained from the Federal Bureau of
Investigation (FBI). The national criminal records check may also include a
review of other criminal records information.
(c) A state-specific criminal records check
where records are obtained from law enforcement agencies, courts, or other
criminal records information sources located in, or regarding, a state or
jurisdiction outside Oregon.
(18) "Denial" means the refusal of the
Department to approve an application for certification and issue or renew a
certification.
(19) "Department"
means the Oregon Department of Human Services.
(20) "Designee" means a person whom the
designator directly and immediately supervises, or a person with equal or
greater management responsibility than the designator.
(21) "Discipline" means a training process a
family uses to help a child or young adult develop the self-control and
self-direction necessary to assume responsibilities, make daily living
decisions, and learn to conform to accepted levels of social
behavior.
(22) "Disqualifying
condition" means any information or circumstance related to a person or to the
home that does not meet one or more of the requirements in OAR
413-200-0301 to
413-200-0396.
(23) "Enhanced supervision" means the
additional support, direction, observation, and guidance necessary to promote
and assure the safety and well-being of a child or young adult when the child
or young adult qualifies for a level of care payment.
(24) "Home study" means a document containing
an analysis of the ability of the applicant to provide safe and appropriate
care of a child or young adult.
(25) "Impending danger safety threat" means a
family behavior, condition, or circumstance that meets all five safety
threshold criteria. When it is occurring, this type of threat is not immediate,
obvious, or occurring at the onset of the CPS intervention. This threat is
identified and understood more fully by evaluating and understanding individual
and family functioning.
(26)
"Inactive Referral Status" means a period of time, not to exceed 12 months,
during which neither the Department nor any other agency may place an
additional child or young adult with a certified resource family or Certified
Respite Provider.
(27) "Informal
Respite Care" means respite care provided by an individual known to the
certified resource parent and/or the child or young adult in care when that
individual is not a Certified Respite Provider or a certified resource
family.
(28) "Member of the
household" means any adult, young adult or child living in the home, including
the applicant, resource parent or relative resource parent.
(29) "Orientation" means the initial training
provided by the Department to certified resource families and prospective and
current applicants for foster care, adoption, and relative care providing
information about the certification and home study process, an overview of the
Oregon child welfare system, and expectations of Oregon certified
families.
(30) "Personal care
services plan" means a written plan to provide personal care services for the
child or young adult documenting:
(a) The
determination that the individual is a qualified provider;
(b) The frequency or intensity of each
personal care service to be provided; and
(c) The date personal care services
begin.
(31) "Placement
support plan" means a documented set of actions or resources that is developed
to assist a certified resource family to maintain conditions that provide
safety and well-being for a child or young adult.
(32) "Present danger safety threat" means an
immediate, significant, and clearly observable family behavior, condition, or
circumstance occurring in the present tense, already endangering or threatening
to endanger a child. The family behavior, condition, or circumstance is
happening now, and it is currently in the process of actively placing a child
in peril.
(33) "Psychotropic
medication" means medication, the prescribed intent of which is to affect or
alter thought processes, mood, or behavior, including but not limited to
antipsychotic, antidepressant, and anxiolytic medication and behavior
medications. The classification of a medication depends upon its stated
intended effect when prescribed because it may have many different
effects.
(34) "Reasonable and
prudent parent standard" means the standard, characterized by careful and
sensible parental decisions that maintain the health, safety, and best
interests of a child or young adult while encouraging the emotional and
developmental growth of the child or young adult, that a substitute care
provider shall use when determining whether to allow a child or young adult in
substitute care to participate in extracurricular, enrichment, cultural, and
social activities.
(35) "Relative
Resource Parent" means a person defined as a "relative" under OAR
413-070-0000 who operates a home
that has been approved by the Department to provide care for a related child or
young adult placed in the home by the Department.
(36) "Resource parent" means a person who
operates a home that has been approved by the Department to provide care for an
unrelated child or young adult placed in the home by the Department.
(37) "Respite care" means an arrangement to
relieve a family with an open child welfare case or a certified resource family
of their responsibilities by a person temporarily assuming responsibility for
the care and supervision of a child or young adult.
(38) "Revocation" means an administrative act
by the Department that rescinds an existing Certificate of Approval,
Child-Specific Certificate of Approval, Temporary Certificate of Approval, or
Respite Certificate of Approval.
(39) "Screener" means a Department employee
with training required to provide screening services.
(40) "Surrogate" means an individual who has
been appointed to safeguard a child's rights in the special education
decision-making process. The individual may be appointed pursuant to applicable
Department of Education administrative rules and statutes or by the juvenile
court.
(41) "Temporary Certificate
of Approval" means a document the Department issues to a certified resource
family to approve the operation of a home to provide care for a specific child
or young adult in the care and custody of the Department. The "Temporary
Certificate of Approval" is valid for up to 180 days unless an extension is
granted under OAR 413-200-0276(3).
(42) "Young adult" means a person aged 18
through 20 years.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented: ORS 418.625, ORS 409.050, ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.027, ORS 418.285, ORS 418.315, ORS 418.470, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648
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