Or. Admin. Code § 413-205-0040 - Standards for the Certified Respite Provider's Home Environment
The respite applicant or Certified Respite Provider must allow Department staff access to 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. In addition, the respite applicant or Certified Respite Provider must ensure the home and surrounding environment comply with all of the following requirements:
(1) General Conditions:
(a) The home must be the primary residence of
the respite applicant or Certified Respite
Provider.
(b) The home
must have adequate space, including space for safe and appropriate sleeping
arrangements, for each child or young adult
receiving certified respite care in the home.
(A)
Department staff must
consider the age, gender, gender expression, and gender identity, culture,
special needs, behavior, and history of abuse of the child or
young adult being served in their home through an open child
welfare case or a child or young adult in the
care or custody of the Department, when determining
appropriate sleeping arrangements.
(B) Each child or
young adult being served in their home through an open child
welfare case or a child or young adult in the
care or custody of the Department must have access to their
own bed and may not share a bed with an unrelated person.
(C) Sharing the same sleep surface with a
child under the age of 12 months is prohibited.
(D) A child under the age of
12 months must be placed on their back for sleep.
(E) Use of crib bumpers, pillows or other
soft materials in the sleeping area of a child under the age
of 12 months is prohibited.
(c) To respect the privacy of a
child or young adult being served in their
home through an open child welfare case or a child or
young adult in the care or custody of the
Department, the home may not use electronic monitoring.
Electronic monitoring means the use of video monitoring or listening devices to
monitor or record the behavior of a child or young
adult. Electronic monitoring does not include any of the following:
(A) Door monitors;
(B) Window alarms;
(C) Motion detectors;
(D) Security systems being used for general
home security;
(E) Audio or video
baby monitors used to monitor a child receiving care by the
Department five years of age and under; or
(F) Monitors recommended by medical or mental
health providers for medical purposes or for understanding emotional or
behavioral health. Monitors must be approved by the
Department.
(d) The respite applicant or
Certified Respite Provider must have access to a working
telephone to make and receive phone calls. The child or
young adult must have access to a phone and have the ability
to call their CASA, attorney, caseworker, certified resource
parent, or parent or other caregiver if the child or
young adult is being served in their home at any
time.
(e) The respite
applicant or Certified Respite Provider must consider
the age, special needs, and capabilities of the child or
young adult being served in their home through an open child
welfare case or a child or young adult in the
care or custody of the Department, and have necessary
safeguards to assure that:
(A) Swimming
pools, wading pools, ponds, hot tubs and play equipment are maintained to
assure safety, kept in working condition, equipped with sufficient safety
barriers or devices to prevent injury, and used by a child or
young adult in certified respite care with
appropriate supervision for the age and development of the
child or young adult;
(B) Outdoor tools and equipment, machinery,
chemicals, flammables, and combustibles are stored in a safe manner;
(C) Animals are properly cared for and kept
in compliance with local ordinances;
(D) Access of a child or
young adult being served in their home through an open child
welfare case or a child or young adult in the
care or custody of the Department receiving care in the home
to potentially dangerous animals is restricted; and
(E) Potentially dangerous hunting and
sporting equipment are stored in a safe and secure manner inaccessible to a
child or young adult being served in their
home through an open child welfare case or a child or
young adult in the care or custody of the
Department receiving care in the home.
(2) Firearms:
(a) Firearms must be secured, stored,
transferred, and maintained in accordance with state law, including but not
limited to ORS 166.392 to
166.403.
(b) ORS
166.395 generally requires a
firearm in a home with a child to be secured with a trigger or
cable lock, or in a locked container, or in a gun room whenever the firearm is
not carried by or under the control of the owner or possessor of the firearm or
an authorized person, unless the owner of the firearm is a police officer,
storage of the firearm is a covered by a policy of the law enforcement agency
employing the police officer, and the firearm is stored in compliance with the
policy.
(3) Sanitation
and Health:
(a) The home must have the
necessary equipment for the safe preparation, storage, serving, and clean-up of
food;
(b) The home must have a
safe, properly maintained, and operational heating system. Space heaters must
be plugged directly into a wall outlet and must be equipped with tip-over
protection;
(c) The home and
furnishings must be clean and in good repair, and the grounds must be
maintained;
(d) There must be no
unsafe accumulation of garbage or debris;
(e) The home must have safe and adequate
drinking water, and an adequate source of safe water to be used for personal
hygiene; and
(f) The home must have
an operating bathroom;
(g) The
Certified Respite Provider must provide age, cultural, and
health appropriate hygiene products to the child or
young adult receiving care in the home by the
Department;
(h)
There must be provision for the safe storage and administration of all
medications in the household, taking into consideration the age, developmental
level, and needs of the child or young adult
being served in their home through an open child welfare case or a
child or young adult in the care or custody
of the Department receiving care in the home;
(i) There must be easily accessible first aid
supplies in the home, and a reasonable understanding of how to use such
supplies;
(j) Smoking and other
substances:
(A) A child or
young adult being served in their home through an open child
welfare case or a child or young adult in the
care or custody of the Department receiving certified
respite care in the home may not be exposed to any type of second-hand
smoke in the provider's home or vehicle; and
(B) A Certified Respite
Provider or other member of the household may not
provide a child or young adult being served
in their home through an open child welfare case or a child or
young adult in the care or custody of the
Department receiving care in the home any form of the
following: alcohol, tobacco, nicotine, marijuana, or any illegal
substance.
(C) All products
referenced in paragraph (B) of this subsection must be stored in a safe and
secure manner inaccessible to a child or young
adult being served in their home through an open child welfare case or
a child or young adult in the care or custody
of the Department receiving care in the home.
(4) Fire and Carbon
Monoxide Safety
(a) The home must have all of
the following:
(A) Prior to the
respite applicant being certified, all of the following must
be present in the home:
(i) A working smoke
alarm in each bedroom where a child or young
adult being served in their home through an open child welfare case or
a child or young adult in the care or custody
of the Department receiving care in the home sleeps.
(ii) At least one working smoke alarm on each
floor of the home.
(iii) A working
carbon monoxide detector within 15 feet of each bedroom where a
child or young adult being served in their
home through an open child welfare case or a child or
young adult in the care or custody of the
Department receiving care in the home sleeps.
(iv) At least one working carbon monoxide
detector on each floor.
(v) At
least one operable fire extinguisher rated 2-A:10-B-C or higher.
(B) At least one means of
emergency exit and at least one additional means of rescue from the
home.
(C) Adequate safeguards
around operating fireplaces, wood stoves, or other heating systems that may
cause burns to a child or young adult being
served in their home through an open child welfare case or a
child or young adult in the care or custody
of the Department receiving care in the home who is
developmentally unable to reasonably follow safety rules regarding such
devices.
(D) A written,
comprehensive home evacuation plan which includes a provision for the safe exit
of a child or young adult.
(E) Operable, quick-release mechanisms on
barred windows. If a home does not have operable quick-release mechanisms on
all barred windows, the home evacuation plan required in paragraph (D) of this
subsection must be approved by the Department.
(F) Interior doors that lock must be operable
from both sides of the door.
(b) Each bedroom used by a
child or young adult being served in their
home through an open child welfare case or a child or
young adult in the care or custody of the
Department receiving care in the home must have:
(A) At least one unrestricted exit;
(B) At least one secondary means of exit or
rescue;
(C) Smoke alarms required
under paragraph (a)(A) of this section; and
(D) Unrestricted, direct access at all times
to hallways, corridors, living rooms, or other such common areas.
(5) Travel and
Transportation Safety:
(a) The respite
applicant or Certified Respite Provider must have
available, and be willing to use, a safe and reliable method of
transportation.
(b) The
respite applicant, Certified Respite
Provider, or other members of the household must
provide proof of a valid driver license and current insurance when operating a
motor vehicle with a child or young adult
being served in their home through an open child welfare case or a
child or young adult in the care or custody
of the Department as a passenger.
(c) The respite applicant or
Certified Respite Provider must assure that, as required by
current state law:
(A) Only a licensed and
insured driver transports a child or young
adult being served in their home through an open child welfare case or
a child or young adult in the care or custody
of the Department receiving care in the home in motorized
vehicles; and
(B) A
child or young adult uses a seat belt or age
and size appropriate safety seat when transported in motorized vehicles. An
instrument of physical restraint other than a seat belt or age
and size appropriate safety seat may not be used during the transportation of a
child or young adult being served in their
home through an open child welfare case or a child or
young adult in the care or custody of the
Department receiving care in the home.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.010 & ORS 418.640
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.