Or. Admin. Code § 413-203-0020 - [Effective until 8/15/2025] Assessment for Issuance of a Relative Temporary Certificate of Approval
(1) To assess an
applicant for a for a relative temporary certificate of
approval, a certifier must:
(a) Work
with the relative as the relative completes the application and other
Department required forms.
(b) Have face-to-face contact with each
relative applicant and each other member of the
household.
(c) Obtain
approval of the supervisor to delay face-to-face contact with a
relative applicant or other member of the household and
document the approval on a form approved by the Department; and determine a
date and time for the face-to-face contact within seven calendar days of the
date the relative applicant or other member of the household
becomes available.
(d) Explain the
process and requirements for certification of a relative resource
parent.
(e) Discuss with
the relative applicant the role and responsibilities of the
Department.
(f)
Ensure the relative applicant possesses a valid driver license
and auto insurance if the relative applicant will operate a
motor vehicle with any child in the care and custody of the
Department inside the vehicle.
(g) Discuss with the relative
applicant what supports may be needed to meet the safety, health and
well-being needs of the child.
(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 413-203-0035
(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)
A relative applicant or other member of the household provides
foster care or day care to adults in the home.
(D) A relative 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.
(i) There are circumstances in which
an individual will have limited responsibility for household management or care
of a child in the care and custody of the Department placed in the
home.
(ii) There are circumstances
in which the family dynamic is such that it is in the best interest of the
child in the care and custody of the Department to allow one individual to be
certified.
(E) The
applicant applies for a Relative Certificate of Approval through a Department
office other than the office in the county in which the family
resides.
(i) 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 and
(E) Provide of copy of the Oregon Foster
Parent Bill of Rights under ORS
418.648.
(j) Gather and analyze information, through
interview and observation, as it relates to each relative
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 in the care and custody of the
Department.
(k)
Assure completion of a criminal records check through LEDS on each relative
applicant and each other adult member of the household, and initiate a
fingerprint based criminal offender records check of national crime information
as outlined in OAR 413-120-0440 to
413-120-0475. The Department may
complete a criminal records check for any child, not in the care or custody of
the Department, living in the home, when there is reason to believe they may
pose a risk to a child in the care and custody of the
Department.
(A) Assess the fitness of each
relative applicant and each other member of the household pursuant to OAR
413-120-0440 to
413-120-0475.
(B) If appropriate, obtain approval pursuant
to 413-120-0440 to
413-120-0475 to continue with
the certification assessment of the relative applicant despite the criminal
offender history of each relative applicant and each other member of the
household; or
(C) If a relative
applicant or other member of the household has a disqualifying conviction under
OAR 413-120-0440 to
413-120-0475 or the authorized
designee makes a negative fitness determination with respect to the individual,
the Department must proceed to issue a proposed and final order denying
certification, unless the application is withdrawn by the relative
applicant.
(D) Document the
information considered and the decision on a form approved by the
Department.
(l) Ensure
completion of a child abuse history background check in the state of Oregon for
each relative applicant and each other adult member of the
household.
(A) If a relative
applicant or other adult member of the household 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) Assess any safety concerns regarding each
relative 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
(C) When a relative
applicant or other member of the household 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 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 (a) 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 413-203-0045;
(iii) The information considered, including
the safety concerns assessed, and the decision must be documented on a form
approved by the Department.
(2) The certifier must
document the assessment of the requirements described in this rule on a form
approved by the Department and submit the assessment to the certification
supervisor for:
(a) Approval of a
Relative Temporary Certificate of Approval,
(b) A determination that further assessment
is required, or
(c) A determination
that the relative applicant does not meet the standards set
forth in OAR 413-203-0000 to 413-203-0145 and further certification actions are
required.
(3) If (2b) or
(2c) applies Foster Care Program Manager or designee approval is
required.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.050
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