Or. Admin. Code § 416-530-0090 - Denial, Suspension, and Revocation of Adjudicated Youth Foster Home Certification or Re-Certification; Inactive Referral Status
(1) Denial.
(a) OYA may deny an application for an
adjudicated youth foster home certification or re-certification if an applicant
or foster parent fails to meet any of the criteria set forth in these rules, or
does any of the following:
(A) Falsifies an
application, either knowingly or inadvertently, by providing inaccurate
information or by omitting information;
(B) Fails to provide information requested by
OYA within the time frame set by OYA; or
(C) Fails to inform OYA of conditions that
could disqualify the foster parent or the foster home from
certification.
(b) If
OYA proposes to deny an application for a foster home certification or
re-certification, OYA must provide the applicant or foster parent with a
written Notice of Proposed Denial of Adjudicated Youth Foster Home
Certification or Re-certification and a proposed Order Denying Certification or
Recertification, mailed to the applicant or foster parent by certified or
registered mail, or personally served upon the applicant or foster parent, and
stating the reason(s) for the proposed denial.
(c) An applicant or foster parent has 60 days
from the date of service of the Notice of Proposed Denial of Adjudicated Youth
Foster Home Certification or Re-certification to request a hearing. The request
for hearing must be received by OYA within the 60-day period.
(d) An applicant or foster parent who has
been denied certification or re-certification may not re-apply for or hold a
foster home certification for a period of five years from the effective date of
the Final Order Denying Adjudicated Youth Foster Home Certification or
Re-certification.
(2)
Emergency Suspension.
(a) OYA may suspend an
adjudicated youth foster home certification without a prior hearing if OYA
finds a serious danger to the public health or safety, including the health or
safety of an adjudicated youth or the community. In the event of a suspension,
adjudicated youth must be removed from the foster home and no further referrals
will be made to the foster home unless and until the suspension is
lifted.
(b) A foster parent has 90
days from the date of service of the Notice of Suspension to request a hearing
on the emergency suspension. The request for hearing must be received by OYA
within the 90-day period.
(c) The
Notice of Suspension must be mailed by certified mail to the foster
parent.
(d) If within 10 days from
the date of mailing of the Notice of Suspension the foster parent does not
enter into a written agreement containing a corrective action plan with OYA,
OYA must initiate proceedings to revoke the adjudicated youth foster home
certification, as provided in section (3) of this rule. The 10-day period may
be extended upon prior written approval of OYA.
(e) If the suspension will exceed 180 days or
the expiration date of the current certification, OYA must terminate the
Adjudicated Youth Foster Home Agreement with the foster parent until such time
as the suspension has been resolved as set out in this rule. The foster parent
must be placed on inactive referral status and will not receive adjudicated
youth referrals until the matter is resolved.
(3) Revocation.
(a) OYA may revoke an adjudicated youth
foster home certification after considering any of the following:
(A) The severity of any alleged violation of
these rules;
(B) The number of
similar or related violations;
(C)
Whether the violations, including the alleged violation, were willful or
intentional;
(D) The prior history
of violations; or
(E) Any other
mitigating or aggravating circumstance determined by OYA to be relevant to the
alleged violation, or to the appropriate response to the alleged
violation.
(b) OYA may
revoke an adjudicated youth foster home certification if a foster parent fails
to meet any of the criteria set forth in OAR chapter 416, division 530, or does
any of the following:
(A) The foster parent
falsified an application, either knowingly or inadvertently, by providing
inaccurate information or by omitting information;
(B) After certification, the foster parent
fails to provide information requested by OYA in the timeframe set by
OYA;
(C) The foster parent fails to
inform OYA of conditions that could disqualify the foster parent or the foster
home from certification; or
(D) The
foster parent fails to comply with a corrective action plan within the time
frame set by OYA and the foster parent remains in violation of any of these
rules.
(c) If OYA
initiates revocation proceedings of an adjudicated youth foster home
certification, OYA must provide a written Notice of Proposed Revocation of an
Adjudicated Youth Foster Home Certification and proposed Order Revoking an
Adjudicated Youth Foster Home Certification. The Notice of Proposed Revocation
and proposed Order must be mailed, by certified or registered mail to the
foster parent stating the reason(s) for revocation proceedings.
(d) A foster parent has 10 days from the date
of mailing of the Notice of Proposed Revocation of an Adjudicated Youth Foster
Home Certification to request a hearing. The request for hearing must be
received by OYA within the 10-day period.
(e) A foster parent whose certificate has
been revoked may not reapply for or hold a foster home certification for five
years from the effective date of the Final Order Revoking an Adjudicated Youth
Foster Home Certification, unless a lesser time or specific condition is stated
in the Final Order.
(4)
Inactive Referral Status.
(a) Inactive
referral status, provider-initiated: A foster parent may ask to be placed on
inactive referral status for up to 12 months.
(A) In order for inactive referral status to
be granted, there can be no unresolved matters relating to non-compliance with
certification rules.
(B) Prior to a
return to active referral status, a foster parent must be in compliance with
all certification rules, including training requirements.
(b) Inactive referral status, OYA-initiated.
(A) OYA may place a foster parent on inactive
referral status due to changes in the foster parent's family or foster home
including, but not limited to, death; divorce; a new member joining the
household; significant disabling health condition; the arrest of a foster
parent or member of the household; initiation of an Oregon Department of Human
Services investigation, law enforcement investigation or criminal prosecution
of a foster parent or member of the household; or other circumstances that OYA
determines will put additional stress or pressure on the family or may pose a
serious risk to the health, safety, or physical or emotional well-being of an
adjudicated youth. Prior to placing a foster parent on inactive referral
status, OYA may discuss the status change with the foster parent. OYA must
notify the foster parent in writing of the change in referral status and the
expected duration of that change.
(B) OYA-initiated inactive status may last
for up to 180 days, during which time no additional adjudicated youth will be
placed in the home. OYA may continue the inactive status for more than 180 days
under any of the following circumstances:
(i)
OYA and the foster parent do not enter into an agreement that addresses the
issues that led to the change to inactive status;
(ii) The foster parent is not in compliance
with all certification rules, including training requirements; or
(iii) An Oregon Department of Human Services
investigation, law enforcement investigation or criminal proceeding involving a
foster parent or member of the household has been initiated and has not
concluded.
(5) Contested case hearings. Pursuant to the
provisions of ORS 183.341, OYA adopts the Attorney General's Model Rules of
Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective July
2019, as procedural rules for contested case hearings.
Notes
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 183.341, 183.430 & 420.888 - 420.892
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