Current through Register Vol. 63, No. 3, March 1, 2024
(1) The certifier must undertake all of the
following activities:
(a) Discuss with the
certified resource family the plan for providing care to a child or young adult
placed in the home when the certified resource family may be unavailable to
provide care.
(b) For any
prospective informal respite care provider or child care provider, assure
completion of a criminal records check as outlined in OAR 413-120-0400, unless
the provider is a child care facility.
(c) Document the information considered and
the results of any fitness determination on a form approved by the
Department.
(d) For any prospective
informal respite care provider or child care provider, conduct child abuse
history background checks, unless the provider is a child care
facility.
(e) Initiate out of state
child abuse history background checks if the prospective informal respite care
or child care provider has lived outside the state of Oregon in the previous
five years.
(f) When a prospective
informal respite provider or child care provider 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 young adult or a similar disposition from another division
of the Department, agency or state, consult with the certification supervisor
about whether to seek approval from the Child Welfare Program Manager:
(A) If the decision is to seek approval, the
Child Welfare Program Manager must consider the information and safety concerns
and may approve or deny continuing the determination of the informal respite
care or child care provider;
(B)
The decision, and the information assessed, must be documented on a form
approved by the Department.
(g) When informal respite care or child care
will be provided in the home of the informal respite care or child care
provider, assure the activities described in subsections (b) through (e) of
this section are complete for all adults living in the home of the informal
respite care or child care provider. An informal respite care provider or child
care provider may be conditionally approved by a Child Welfare Program Manager
or designee prior to the results from the fingerprint-based criminal offender
records check of national crime information databases. The approval must be
documented on form approved by the Department.
(h) Analyze information gathered under
subsections (a) to (f) of this section prior to determining the individual is
safe and appropriate to provide informal respite care or child care and
approving the individual to provide informal respite care or child
care.
(i) Document the analysis
required under subsection (g) of this section in the Department's electronic
information system.
(j) Notify the
certified resource family of the determination of whether the individual is
authorized to provide informal respite care or child care.
(k) Verify that any certified resource family
identified to provide certified respite care or child care for another
certified resource family has a current certification.
(l) The Department may disapprove a
prospective informal respite care provider or child care provider even if the
provider has a positive fitness determination.
(2) If the informal respite care provider or
child care provider 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 informal respite care or child care provider, the provider may
not provide care.
(3) When a
certified resource family notifies the Department of their intent to provide
certified respite care for another child or young adult in the care or custody
of the Department, the certifier must approve the request prior to the
certified resource family providing certified respite care.
Statutory/Other Authority: ORS
409.050, ORS
418.005 & ORS
418.640
Statutes/Other Implemented: ORS
418.005, ORS
409.010, ORS
418.625, ORS
418.627, ORS
418.630, ORS
418.635, ORS
418.640, ORS
418.642, ORS
418.643, ORS
418.644, ORS
418.645, ORS
418.647 & ORS
418.648
