Current through Register Vol. 63, No. 3, March 1, 2024
The applicant or certified resource
family 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, and 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 applicant or certified resource family
and the residence where the child or young
adult placed by the Department must reside.
(b) The home must have adequate space,
including space for safe and appropriate sleeping arrangements, for each
member of the household.
(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 in the
care or custody of the Department, when determining
appropriate sleeping arrangements.
(B) Each 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 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:
(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 placed 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 certified resource
family must post and comply with the Foster Children's Bill of Rights
as required by OAR 413-010-0170 to 413-010-0185 and have available in the home
the Oregon Foster Children's Sibling Bill of Rights. The Oregon Foster Parent
Bill of Rights under ORS
418.648,
must be provided to the certified resource family by the
Department.
(e)
The applicant or certified resource family
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 or caseworker at any
time.
(f) The
applicant or
certified resource family must
consider the age, special needs, and capabilities of the
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
foster 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 in the care or custody of the
Department placed in the home to potentially dangerous animals
is restricted;
(E) Potentially
dangerous hunting and sporting equipment are stored in a safe and secure manner
inaccessible to a child or young adult in the
care or custody of the Department placed in the
home.
(2)
Firearms must be secured, stored, transferred, and maintained in accordance
with state law, including but not limited to ORS 166.392 to 166.403.
(a) 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.
(b) ORS 166.403 requires a
person who delivers or transfers a firearm to a child to directly supervise the
child's use of the firearm, unless a firearm other than a hand gun is
transferred to the child;
(A) In accordance
with ORS
166.470
and, as a result of the transfer, the child is the owner of the firearm;
or
(B) the firearm is temporarily
transferred to a child by the child's parent or guardian or by another person
with the consent of the child's parent or guardian for the purpose of hunting
or target shooting.
(c)
The certified resource family must consider the age, special
needs, and capabilities of the child or young adult in the
care or custody of the Department placed in the home when
determining if an animal is a safe and appropriate pet.
(d) The certified resource
family must receive authorization from the caseworker of the
child or young adult or the caseworker's
supervisor prior to the beginning of hunting or target practice by the
child or young adult in the care or custody of the
Department placed in the home.
(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.
(f) The home must have an
operating bathroom.
(g) The
certified resource family must provide age, cultural and
health appropriate hygiene products to the child or
young adult placed 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 in the care or
custody of the Department placed 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 in the care or custody of the
Department placed in the home may not be exposed to any type
of second-hand smoke in the family's home or vehicle; and
(B) An applicant or other
member of the household may not provide a
child or young adult in the care or custody
of the Department placed 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 in the care or custody of the Department placed
in the home.
(4) Fire and Carbon Monoxide Safety:
(a) The home must have all of the following:
(A) Within 24 hours of the time the
applicant is 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 in
the care or custody of the Department placed 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 in the care or custody of the Department placed
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) An adequate safeguard around operating
fireplaces, wood stoves, or other heating systems that may cause burns to a
child or young adult in the care or custody
of the Department placed in the home who is developmentally
unable to reasonably follow safety rules regarding such devices.
(D) A written, comprehensive home evacuation
plan, shared with each child or young adult
in the care or custody of the Department placed in the home
within 24 hours of placement, and practiced at least every six months. The
written, comprehensive home evacuation plan must include a provision for the
safe exit of a child or young adult who is
not capable of understanding or participating in the evacuation plan.
(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 in the care or custody
of the
Department placed 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) An
applicant or certified resource family must
have available, and be willing to use, a safe and reliable method of
transportation.
(b) An
applicant or other member 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 in the care or custody of the Department as a
passenger.
(c) The
applicant or
certified resource family must
assure that, as required by current state law:
(A) Only a licensed and insured driver
transports a child or young adult in the care
or custody of the Department placed 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 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 in the care or custody
of the Department placed in the home.
(d) Written authorization from the
Department must be received by the certified resource
family prior to transporting, or authorizing transport of a
child or young adult in the care or custody
of the Department placed in the home out of the State of
Oregon or outside the United States.
(e) A certified resource
family must request approval from the Department no
less than 90 days prior to any international travel with a
child or young adult in the care or custody
of the Department placed in the home. In an emergency, the
certified resource family must request approval from the
Department as soon as the need for international travel
becomes known.
Statutory/Other Authority: ORS
409.050, ORS
418.005
& ORS
418.640
Statutes/Other Implemented: ORS
418.005,
ORS
409.010,
ORS
418.315,
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