Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 200 - RESOURCE HOME CERTIFICATION
Section 413-200-0274 - Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval
Universal Citation: OR Admin Rules 413-200-0274
Current through Register Vol. 63, No. 3, March 1, 2024
(1) To complete an assessment of an applicant and approve a potential adoptive resource or issue a Certificate of Approval or Child-Specific Certificate of Approval, the certifier must:
(a) Review the completed
application.
(b) Have face-to-face
contact with each applicant and each other member of
the household.
(c) Explain
to the applicant the process and requirements for
certification of a relative resource parent or resource
parent and approval of a potential adoptive
resource.
(d) Discuss with
the applicant the role and responsibilities of the
Department.
(e)
Assess the applicant's motivation for and interest in caring
for a child or young adult in the care or
custody of the Department.
(f) Assure the applicant
possesses a valid driver license and auto insurance if the
applicant will operate a motor vehicle with any
child or young adult placed in their home by
the Department inside the vehicle.
(g) Evaluate with the
applicant, the children and young adults
appropriate for placement in the home and the placement capacity.
(h) When appropriate, obtain approval from
the Child Welfare Program Manager or designee on a form
approved by the Department under any of the following
circumstances:
(A) The home will exceed the
maximum placement capacity as described in OAR 413-200-0278.
(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) An
applicant or other member of the household
provides foster care or day care to adults in the home.
(D) An applicant is married,
in a domestic partnership, or cohabitating but the
applicant's spouse or partner is not also an
applicant and OAR 413-200-0306(3)(a) or (b) applies.
(E) The applicant
applies for a Certificate of Approval or
Child-Specific Certificate of Approval through a
Department office other than the office in the county in which
the family resides.
(i)
Complete a minimum of two home visits.
(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;
and
(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 (3).
(E)
Provide of copy of the Oregon Foster Parent Bill of Rights under ORS
418.648.
(j) Gather personal, family, and social
history information through a series of questionnaires approved by the
Department, interviews, and observations in which the
Department staff gathers personal information about the
applicant and each other member of the
household. Analyze information as it relates to each
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 oryoung adult.
(k) Assure completion of a criminal
records check through LEDS and a fingerprint-based criminal
records check of national crime information databases on each
applicant and each other adult member of the
household, excludinga young adult in the care and
custody of placed in the home, and, at the
Department'sdiscretion, on any child not in
the care or custody of the Department and living in the home
when there is reason to believe the child may pose a risk to a
child oryoung adult in the care or custodyof
the Department placed in the home as outlined in OAR
413-120-0400 to 413-120-0475.
(A) Assess the
fitness of each applicant and each other member of the
household pursuant to OAR 413-120-0450 and 413-120-0455;
(B) If appropriate, obtain approval pursuant
to OAR 413-120-0450 and 413-120-0455 to continue with certification assessment
of the applicant despite the criminal offender history of each
applicant and each other member of the
household; or
(C) If an
applicant or other member of the household
has a disqualifying conviction under OAR 413-120-0450 (3) or (4) or the
authorized designee makes a negative fitness determination with respect to the
individual, the Department must proceed under OAR 413-120-0460
and OAR 413-200-0296(2) and issue a proposed and final order denying
certification, unless the application is withdrawn by the
applicant.
(D)
Document the information considered and the decision on a form approved by the
Department.
(L) Assure completion of child abuse history
background checks for each applicant and each other adult
member of the household, excluding a young
adult in the care and custodyof the Department, as
follows:
(A) If an applicant
or other adult member of the household excluding a
young adult in the care and custody of the
Department placed in the home, has lived
outside the state of Oregon and within the United States in the previous five
years, obtain 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) If an applicant or other
adult member of the household, excluding a young adult in the
care and custody of the Department placed in the homehas lived
outside of the United States in the previous five years, request a child abuse
history background check from each country where the individual lived within
the five years preceding the date on the application for certification from the
Department;
(C)
Assess any safety concerns regarding each 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 or country; and
(D)
When an applicant or other member of the household
excluding a young adult in the care and custody of the
Department placed in the home, 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 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 (i) 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
413-200-0296;
(iii) The information
considered, including the safety concerns assessed, and the decision must be
documented on a form approved by the Department.
(m) Gather information
from a minimum of four personal references for the applicant,
no more than two of which may be provided by the applicant's
relatives.
(n) Verify each
applicant has completed:
(A)
Orientation prior to certification;
(B)
Department required
resource parent training before or within 12 months of
certification unless the applicant has written documentation
of completion of equivalent training content from the
Department or another licensed child-caring agency within two
years of the date on the current application that is approved by the
supervisor; and
(C) The
Department approved training per OAR 413-120-0246, prior to
approval for adoption, when the applicant has applied for
adoption.
(o) For
purposes of a Child-Specific Certificate of Approval, as
appropriate, verify the applicant has a written,
individualized training plan, approved by a supervisor, specific to meeting the
needs of the child or young adult placed with the
certified resource family. The individualized training plan
must:
(A) Include training on the mental,
emotional, and physical impacts of abuse, including sexual abuse and rape of a
child; and
(B) Be
developed on or prior to issuance of the Child Specific Certificate of
Approval.
(p)
Discuss and develop a training plan with each applicant, which
must include knowledge and skills related to applying the reasonable
and prudent parent standard for the participation of the
child oryoung adult in
age-appropriate or developmentally appropriate
activities.
(q) Document
the assessment of the certified resource family's
qualifications and ability to provide safety, health, and well-being for the
child oryoung adult in the care or custody of
the Department in a home study on a form
approved by theDepartment when the recommendation is to issue
a Certificate of Approval or Child-Specific
Certificate of Approval.
(2) If the certifier has completed all of the activities in section (1) of this rule and the supervisor has approved the home study, the Department may:
(a) In the case of an
applicant seeking certification, either:
(A) Issue a Certificate of
Approval or Child-Specific Certificate of Approval
for a two-year period, as applicable; or
(B) Issue a Notice of Intent to deny
certification, unless the application is withdrawn by the
applicant.
(b) In the case of an
applicant seeking to be an adoptive resource,
send written notice of the status of the application pursuant to OAR
413-120-0240.
(3) The Department must assess an applicant and determine whether to approve the application or deny the application within 180 days of Department receipt of a completed application unless:
(a) The application is withdrawn by the
applicant;
(b) The
Child Welfare Program Manager or designee extends the
assessment period;
(c) The
Department has issued a Temporary Certificate of
Approval; or
(d) One of
the circumstances in OAR 413-200-0272(2) applies.
Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented: ORS 417.200-417.260, ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648
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