Or. Admin. Code § 413-200-0287 - Assessment for Renewal of Certification
(1) When an application for a certification
renewal is received before the current certificate expires the Department must
reassess the certified resource family to determine whether to renew the
Certificate of Approval or Child-Specific Certificate of Approval for two
additional years.
(2) The
Department may terminate the assessment process at any time and deny the
application for certification renewal for one or more of the reasons in OAR
413-200-0296 or, if the
application is for approval to be a potential adoptive resource, OAR
413-120-0225(2).
(3) To complete the assessment and renew a
Certificate of Approval or Child-Specific Certificate of Approval, the
certifier must:
(a) Review the completed
Certified Family Certificate Renewal or Change of Status Application.
(b) Conduct a minimum of one visit to the
home of the certified resource family and:
(A)
Have face-to-face contact with each member of the household.
(B) Complete the questionnaires and
interviews necessary to complete a home study update.
(C) Observe and assess the safety of the
physical environment.
(D) 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.
(E) Complete a safety
assessment of the home and surroundings using a form approved by the
Department.
(F) Confirm the home
has posted age-appropriate documents outlining the Oregon Foster Children's
Bill of Rights under ORS
418.201 and OAR
413-010-0180, and has available
to any child or young adult placed in the home the Oregon Foster Children's
Sibling Bill of Rights under ORS
418.608 and OAR
413-070-0860(3).
(c) Confirm completion of required hours of
training, ensure the provider record of the Department's electronic information
system reflects all completed training, and develop a training plan for the new
certification period.
(d) Assess
information from the caseworker of each child or young adult placed by the
Department with the certified resource family during the past 180
days.
(e) Assure completion of
criminal records checks on each applicant and each other adult member of the
household, excluding a young adult in the care or custody of the Department,
previously approved informal respite provider, previously approved child care
provider and, at the Department's discretion, any child not in the care and
custody of the Department and living in the home, when there is reason to
believe the child may pose a risk to a child or young adult placed in the home
by the Department as described in OAR
413-120-0400 to
413-120-0460. A
fingerprint-based criminal offender records check of national crime information
databases is not required for an application for renewal of a Certificate of
Approval or Child-Specific Certificate of Approval, unless an applicant or
other adult member of the household has lived outside of Oregon for more than
60 consecutive days within the two-year certification period or has been
arrested or convicted during the two-year certification period.
(A) Assess any safety concerns regarding the
fitness of an applicant, other adult member of the household, and previously
approved informal respite provider or child care pursuant to OAR
413-120-0400 and
413-120-0460; and
(B) If appropriate, request approval to
complete certification of the applicant despite the new criminal offender
history of an applicant or other adult member of the household.
(C) If an applicant or other member of the
household has a disqualifying conviction under OAR
413-120-0400 to
413-120-0460 or the authorized
designee makes a negative fitness determination with respect to the individual,
the Department must issue a proposed and final order denying certification
unless the applicant withdraws application.
(D) If the previously approved informal
respite provider or child care provider has a new disqualifying conviction
under OAR 413-120-0400 to 413-120-460 or
the authorized designee makes a negative fitness determination with respect to
the individual, the Department must proceed to notify the certified resource
family of the determination.
(f) Assure completion of child abuse history
background checks 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, previously approved informal respite care provider, and
previously approved child care provider.
(A)
If an applicant or other adult member of the household, excluding a young adult
in the care or custody of the Department and placed in the home, previously
approved informal respite care provider, or previously approved child care
provider has lived outside the state of Oregon or outside of the United States
for more than 60 consecutive days during the two-year certification period, a
child abuse history background check must be obtained from each state and
requested from each country where the individual resided during the two-year
certification period.
(B) Assess
any safety concerns regarding the applicant, other adult member of the
household, excluding a young adult in the care or custody of the Department and
placed in the home, previously approved informal respite care provider, or
previously approved child care provider raised by information learned from the
child abuse history background check.
(C) When an applicant or other adult member
of the household, excluding a young adult in the care or custody of the
Department and placed in the home, 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
child or young adult in the care or custody of the Department, or a similar
disposition from another division of the Department, agency or state, which has
not previously been approved, consult with the certification supervisor about
whether to seek approval from the Child Welfare Program Manager to continue
with the assessment for renewal:
(i) If the
decision is to seek approval, the Child Welfare Program Manager must consider
the information and safety concerns and may approve or deny continuing the
assessment for renewal.
(ii) If the
decision in subparagraph (i) of this paragraph is to deny continuing with the
assessment for renewal, 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.
(D) When the previously approved informal
respite or child care provider 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 a
child or young adult in the care or custody of the Department, or a similar
disposition from another division of the Department, agency or state, which has
not previously been approved, consult with the certification supervisor about
whether to seek approval from the Child Welfare Program Manager:
(i) If the decision is to seek approval, the
Child Welfare Program Manager must consider the information and safety concerns
and may approve or deny continuing the assessment of the informal respite
provider;
(ii) If the decision in
subparagraph (i) of this paragraph is to proceed with approval of the informal
respite or child care provider, notify the certified resource family of the
Department's determination.
(iii)
The information considered, including the safety concerns assessed, and the
decision must be documented on a form approved by the Department.
(g) Review and assess
whether conditions appear to exist in the home that affect the safety, health,
or well-being of a child or young adult in the care or custody of the
Department.
(h) Review and analyze
the certified resource family's skills and abilities in maintaining conditions
in the home that provide for the safety, health, and well-being and ability to
meet the safety, health, and well-being needs for the child or young adult in
the care or custody of the Department, maintaining relationships with the
community and the Department, supporting the case plan of the child or young
adult and the certified resource family's compliance with OAR
413-200-0301 to
413-200-0396.
(i) When recommending renewal of the
certification, update the home study on a form approved by the Department,
including results of the assessment activities completed in subsections (a) to
(h) of this section, and submit to the certification supervisor for
approval.
(4) Before the
Department may renew a certification, a certification supervisor must:
(a) Assure the certifier has completed all
assessment activities required by subsections (3)(a) to (i) of this rule and
review the certifier's assessment of the certified resource family;
(b) Review the home study update;
and
(c) Determine whether to
approve or deny the application for renewal.
(5) When the certification supervisor
approves the application for renewal, the Department may issue a new
Certificate of Approval or Child-Specific Certificate of Approval, valid for
two years from the expiration date of the current Certificate of Approval or
Child-Specific Certificate of Approval.
(6) If the certification supervisor decides
not to approve the application for renewal, the Department must proceed to deny
the application as outlined in OAR
413-200-0296 unless the
certified resource family voluntarily withdraws their application as provided
in OAR 413-200-0314. The current
certificate continues until its expiration date unless the Department proceeds
to revoke the certificate as outlined in OAR
413-200-0296 or the certified
resource family requests to voluntarily terminate the certificate and the
Department accepts the family's request. If the certificate did not expire
under section (7) of this rule and the certified resource family withdraws the
application, the certificate terminates.
(7) Pursuant to ORS
183.430, if the certified
resource family has submitted a timely application and the Department does not
complete the activities in sections (3) to (5) of this rule before the stated
expiration date on the certified resource family's Certificate of Approval or
Child-Specific Certificate of Approval, the certified resource family's
Certificate of Approval does not expire until the Department has issued a new
Certificate of Approval or Child-Specific Certificate of Approval or there is a
final order denying renewal.
Notes
Statutory/Other Authority: ORS 418.016, ORS 418.640, ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.016, ORS 409.010, ORS 418.005, ORS 418.015, 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 418.645, ORS 418.647 & ORS 418.648
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