Or. Admin. Code § 413-200-0296 - Responsibilities Regarding Denial or Revocation of a Certification
(1) The
Department may deny an application for certification if:
(a) Any of the reasons in OAR
413-200-0272
(3) exist;
(b) The applicant fails to
provide requested information within 90 days of a written request from the
Department; or
(c)
When an adult member of the household, excluding any
young adult in the care and custody of the Department
placed in the home, has been identified as the perpetrator alleged perpetrator,
or respondent of abuse in a child protective services
assessment founded disposition, unable to determine disposition,
substantiated, inconclusive or a similar disposition from another agency or
state as described in
413-200-0274(1)(l)
and 413-200-0275(2)(m).
(2) The Department may deny
an application or revoke a Temporary Certificate of Approval,
Child-Specific Certificate of Approval, or Certificate of Approval
when:
(a) The
applicant or certified resource family does
not meet or no longer meets one or more of the certification standards in OAR
413-200-0301 to
413-200-0396;
(b) The Department has
determined that the applicant or the certified
resource family does not meet or cannot continue to provide for the
safety, health or well-being needs of a child or young
adult in the care or custody of the
Department;
(c)
The Department discovers an applicant or
certified resource family has falsified information by act of
commission or omission;
(d) An
applicant or certified resource family fails
to provide information to the Department or fails to inform
the Department of any disqualifying
condition, including a disqualifying condition that
arises after the certification has been issued;
(e) An applicant or
certified resource family is found to have interfered or
hindered an investigation of abuse of a child or young
adult, including but not limited to the intimidation of witnesses,
falsification of records or denial or limitation of interviews
with the child or young adult who is the
subject of the investigation or with witnesses;
(f) A certified resource family
interferes with the good faith disclosure of information by an
employee or volunteer concerning the abuse or mistreatment of a
child or young adult placed in the home of
the certified resource family, violations of certification
requirements, criminal activity in the certified resource
family's home, violations of state or federal laws or any practice
that threatens the health and safety of a child or
young adult placed in the home of the certified
resource family to:
(A) Oregon
Department of Human Services;
(B) A
law enforcement agency;
(C) A
family member, guardian or other person who is acting on behalf of the
child or young adult.
(g) A member of the
household, excludinga child or young
adult in the care or custody of the Department placed
in the home, or a person who frequents the home is found to have a
disqualifying conviction under OAR
413-120-0450(3) or
(4) or an authorized
designee makes a negative fitness determination;
(h) The certified resource
family fails to follow through with a placement support
plan developed under OAR
413-200-0285; or
(i) The Department
determines a child or young adult has been
removed because the certified resource family cannot provide
for the safety, health, or well-being needs of the child or young
adult and violated one or more rules under OAR
413-200-0301 to
413-200-0396.
(3) When the Department
determines that subsection (2)(g) of this rule applies, the
Department must determine whether to revoke the Temporary
Certificate of Approval, Child-Specific Certificate of Approval, or Certificate
of Approval. If the Department decides to revoke, the
Department must issue a notice of intent to revoke the
Temporary Certificate of Approval, Child-Specific Certificate of
Approval, or Certificate of Approval pursuant to OAR
413-010-0510.
(4) The Department must take
action to revoke a certification when, at the conclusion of a child
protective services assessment, the Department
determines there is an impending danger safety threat in the
certified resource family's home, unless:
(a) The certified resource
family provides a request to voluntarily terminate the certificate;
and
(b) The
Department agrees to accept the voluntary termination of the
certificate.
(5) If the
Department decides to deny an application for a certificate,
renewal of a certificate, or a Change of Status, or decides to revoke a
certificate, the Department must provide an
applicant or certified resource family a
written notice of intent to deny the application or revoke the certificate,
which must state the reasons for the action and comply with OAR
413-010-0510.
(6) When the Department has
issued a written notice to revoke a certificate before the stated expiration
date on the certificate, the certificate must not expire until there is a final
order on the notice to revoke the certificate.
(7) The Department must
remove from the home any child or young
adult in the care or custody of the Department upon
making the decision to revoke the certified resource family's
certification and place the certified resource family on
Inactive Referral Status.
(8) The Department may deny
an application for a certificate if, during the five years prior to the date an
application is received by the Department, the
applicant has had a previous application for certification
denied or a prior certificate revoked, from any state, department or
agency.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.315, 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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