Or. Admin. Code § 413-203-0040 - [Effective until 8/15/2025] Responsibilities Regarding Withdrawal of an Application, Denial or Termination of a Certificate of Approval

(1) When a relative applicant requests to withdraw their application for certification under 413-203-0040 the certifier must document the communication regarding the relative applicant's request in the Department's information system.

(2) An application may be considered to be withdrawn if, during the assessment process, the relative applicant fails to respond to a written request for contact from the Department within 30 days of the request.

(3) When a certified relative resource family requests the Department terminate their certification, the certifier must:

(a) Terminate the certificate on a date to be determined by the Department and the certified relative resource family, notify the certified relative resource family of the date the certificate was terminated and document the reasons for termination of the certificate in the Departments information system.

(b) If the Department intends to revoke the relative certificate, determine with a Child Welfare Program Manager or designee whether to accept the request to terminate the relative certificate of approval or continue with the revocation process, inform the certified relative resource parent of the Department's decision, and document the Department's decision regarding the certified relative resource parent's request.

(4) The Department must terminate a Temporary Relative Certificate of Approval on the expiration date of the Certificate or 60 calendar days after the child placed in the home moves from the home, whichever is earlier.

(5) The Department must terminate a Relative Certificate of Approval after the child placed in the home moves from the home, unless the relative resource parent intends to provide certified respite care to support the child, in the care and custody of the Department, and family during reunification.

(6) The Department may deny an application for certification if:

(a) The relative applicant fails to provide requested information within 90 days of a written request from the Department; or

(b) When an adult member of the household 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.

(7) The Department may deny an application or revoke any Certificate of Approval when:

(a) The relative applicant or certified relative resource family does not meet or no longer meets one or more of the certification standards in these rules;

(b) The Department has determined that the relative applicant or the certified relative resource family does not meet or cannot continue to provide for the safety, health or well-being needs of a child in the care or custody of the Department;

(c) The Department discovers a relative applicant or certified relative resource family has falsified information by act of commission or omission;

(d) A relative applicant or certified relative 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) A relative applicant or certified relative resource family is found to have interfered or hindered an investigation of abuse of a child, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child who is the subject of the investigation or with witnesses;

(f) A certified relative resource family interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care and custody of the Department placed in the home of the certified relative resource family, violations of certification requirements, criminal activity in the certified relative resource family's home, violations of state or federal laws or any practice that threatens the health and safety of a child in the care and custody of the Department placed in the home of the certified relative 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 in the care and custody of the Department.

(g) An adult member of the household, or a person who frequents the home, is found to have a disqualifying conviction under OAR 413-120-0450 or an authorized designee makes a negative fitness determination;

(h) The certified relative resource family fails to follow through with a placement support plan.

(i) The Department determines a child has been removed because the certified relative resource family cannot provide for the safety, health, or well-being needs of the child and violated one or more rules under OAR 413-203-0000 to 413-203-0145.

(8) 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 relative resource family's home, unless:

(a) The certified relative resource family provides a request to voluntarily terminate the certificate; and

(b) The Department agrees to accept the voluntary termination of the certificate.

(9) If the Department decides to deny an application for a certificate, or decides to revoke a certificate, the Department must provide a relative applicant or certified relative 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.

(10) 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.

(11) The Department must remove from the home any child in the care and custody of the Department upon making the decision to revoke the certified relative resource family's certification and place the certified relative resource family on Inactive Referral Status.

(12) 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 relative applicant has had a previous application for certification denied or a prior certificate revoked, from any state, department, or agency.

Notes

Or. Admin. Code § 413-203-0040

CWP 3-2025, temporary adopt filed 02/14/2025, effective 2/17/2025 through 8/15/2025

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.050