Or. Admin. Code § 413-200-0275 - Assessment for Issuance of a Temporary Certificate of Approval
The Department may only use the assessment described in this rule for the purpose of issuing a Temporary Certificate of Approval.
(1)
A Temporary Certificate of Approval may be issued in the following
circumstances:
(a) The applicant is a relative
of the child or young adult or child or young adult's family;
(b) The applicant is known to the child or
young adult or the child's or young adult's family, outside of the involvement
of the Department;
(c) The
applicant is a former resource parent or respite provider for the child or
young adult;
(d) The applicant is a
former certified or licensed resource parent with a skill set or knowledge to
meet the needs of child or young adult requiring placement; or
(e) The applicant does not meet criteria in
(a)-(d) above, but, has a skill set or knowledge to meet the specific needs of
the child or young adult requiring placement.
(2) If (e) applies, approval of the Foster
Care Program Manager or designee is required.
(3) To complete an assessment of an
applicant and issue a Temporary Certificate of
Approval, the certifier must:
(a) Review the completed
application.
(b) Have
face-to-face contact with each applicant and
each other member of the household. If an
applicant or other member of the household is
unavailable when conducting face-to-face contact for a Temporary
Certificate, the certifier must:
(A) Obtain approval of the supervisor to
delay face-to-face contact with an applicant or other
member of the household, and document the approval on a form
approved by the Department; and
(B) Determine a date and time for the
face-to-face contact within seven calendar days of the date the
applicant or other member of the household
becomes available.
(c)
Explain to the applicant the process and requirements for
certification of a relative resource parent or resource
parent.
(d)
Discuss with the applicant the role and responsibilities of
the Department.
(e) Assess the applicant's
motivation for and interest in caring for a childor young
adult.
(f) Ensure the
applicant possesses a valid driver license and auto insurance
if the applicant will transport a childor young
adult in the care or custody of the
Department.
(g)
Evaluate with the applicant, the children and young
adults appropriate for placement in the home and the placement
capacity.
(h) When appropriate,
obtain approval from the Child Welfare Program Manager or
designee on a form approved by the Department
for any of the following circumstances:
(A)
The home will exceed the maximum placement capacity as described in OAR
413-200-0278.
(B) An applicant or other
member of the household provides child care
in the home or is a foster care provider licensed by another child-caring
agency.
(C) An
applicant or other member of the household
provides foster care or day care to adults in the home.
(D) An applicant is married,
in a domestic partnership, or cohabitating but the spouse or
partner is not an applicant, unless the individual is in the
military stationed out of state.
(E) The applicant applies
for a Child-Specific Certificate of Approval through a
Department office other than the office in the county in which
the family resides.
(i)
Gather information from a minimum of two personal references for the
applicant. If information from references are not able to be
gathered prior to or on the day of issuance of the Temporary
Certificate of Approval, then obtain within 24 hours.
(j) Complete a home visit:
(A) Observe and assess the safety of the
physical environment;
(B) Walk
through each room in the primary residence and each surrounding building and
structure on the property, unless the building or residence is a
self-contained, separate-entry residence rented to or owned by another
individual;
(C) Complete a safety
assessment of the home and surroundings using a form approved by the
Department;
(D)
Provide the home with age-appropriate documents outlining the Oregon Foster
Children's Bill of Rights under ORS
418.201 and OAR
413-010-0180, Oregon Foster
Children's Sibling Bill of Rights under ORS
418.608 and OAR
413-070-0860
(3); and
(E) Provide of copy of the Oregon Foster
Parent Bill of Rights under ORS
418.648.
(k) Gather and analyze information, through
interview and observation, as it relates to each applicant's
personal qualifications and assess the conditions that appear to exist in the
home that affect safety, health, and well-being for a child or
young adult in the care or custody of the
Department.
(l)
Assure completion of a criminal records check through LEDS on
each applicant and each other adult member of the
household, excluding any young adult in the care and
custody of the Department placed in the home, and initiate a
fingerprint-based criminal offender records check of national crime information
as outlined in OAR 413-120-0400 to
413-120-0475. For any
child not in the care or custody of the
Department and living in the home, when there is reason to
believe the child may pose a risk to a childoryoung
adult in the care or custody of the Department placed
in the home, the Department may complete a criminal
records check as outlined in OAR
413-120-0400 to
413-120-0475.
(A) Assess the fitness of each
applicant and each other member of the
household pursuant to OAR
413-120-0450 and
413-120-0455;
(B) If appropriate, obtain approval pursuant
to OAR 413-120-0450 and
413-120-0455 to continue with
the certification assessment of the applicant despite the
criminal offender history of each applicant and each other
member of the household; or
(C) If an applicant or other
member of the household has a disqualifying conviction under
OAR 413-120-0450(3) or
(4) or the authorized
designee makes a negative fitness determination with respect
to the individual, the Department must proceed under OAR
413-120-0460 and
413-200-0296(2)
and issue a proposed and final order denying certification, unless the
application is withdrawn by the applicant.
(D) Document the information considered and
the decision on a form approved by the
Department.
(m) Assure completion of a child abuse
history background check in the state of Oregon for each
applicant and each other adult member of the
household, excluding any young adult in the care and
custody of the Department placed in the home.
(A) If an applicant or other
adult member of the household, excluding any young
adult in the care and custody of the Department
placed in the home, has lived outside the state of Oregon and within the United
States in the previous five years, initiate a child abuse history background
check from each state where the individual resided in the five years preceding
the date on the application for certification from the
Department;
(B) If
an applicant or other adult member of the
household, excluding any young adult in the care and
custody of the Department placed in the home, has lived
outside of the United States in the previous five years, initiate the request
for a child abuse history background check from each country where the
individual lived within the five years preceding the date on the application
for certification from the Department;
(C) Assess any safety concerns regarding each
applicant and each other member of the
household raised by information learned from the child abuse history
background check in Oregon and if applicable, another state or
country;
(D) When an
applicant or other member of the household,
excluding a child or young adult in the care and custody of
the Department, has been identified as the perpetrator or
alleged perpetrator, or respondent of abuse in a child protective
services assessment in a founded disposition, substantiated
disposition, unable to determine disposition, or inconclusive disposition for
abuse to a child or young adult, or a similar
disposition from another Department division, agency, or
state, consult with the certification supervisor about whether
to seek approval from the Child Welfare Program Manager to continue with the
certification assessment:
(i) If the decision
is to seek approval, the Child Welfare Program Manager must consider the
information and the safety concerns and may approve or deny continuing the
assessment;
(ii) If the decision in
subparagraph (i) of this paragraph is to deny continuing with the assessment,
the Department may terminate the assessment process and,
unless the application is withdrawn, proceed to deny the application under OAR
413-200-0296;
(iii) The information considered, including
the safety concerns assessed, and the decision must be documented on a form
approved by the Department.
(n) Obtain supervisor review and approval of
the assessment of the qualifications and ability of the
applicant to provide safety, health, and well-being for the
specific child or young adult in the care or
custody of the Department.
(o) Upon completion of the activities in
section (2) of this rule, and based on the assessment:
(A) Document completion of the activities
described above and the assessment of whether the applicant
and the home meet the qualifications and standards required in OAR
413-200-0301 to
413-200-0396 and the ability of
each applicant to provide safety, health, and well-being for
the child or young adult in the care or
custody of the Department on a form approved by the
Department when the recommendation is to issue a
TemporaryCertificate of Approval;
(B) Issue a Notice of Intent to deny
certification unless the application is withdrawn by the
applicant; or
(C)
Proceed to further assess as described in OAR
413-200-0276.
(4) If the Department issues
a Temporary Certificate of Approval, it must comply with OAR
413-200-0276.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 418.640
Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.647 & ORS 418.648
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