Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 205 - RESPITE PROVIDER CERTIFICATION
Section 413-205-0000 - Definitions

Universal Citation: OR Admin Rules 413-205-0000

Current through Register Vol. 63, No. 3, March 1, 2024

(1) "Certified resource family" means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which the individual or individuals reside, to a child or young adult in the care or custody of the Department.

(2) "Certified Respite Care" means respite care provided by a Certified Respite Provider or a certified resource family that has been issued a two-year certificate of approval.

(3) "Certified Respite Provider" means an individual certified by the Department to provide certifiedrespite care 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.

(4) "Certifier" means a Department employee who:

(a) Conducts assessments of applicants, members of the household, home and surroundings;

(b) Determines whether to recommend issuance of a Respite Certificate of Approval, Temporary Certificate of Approval, Certificate of Approval, or Child-Specific Certificate of Approval, or approval as an adoptive resource; and

(c) Monitors the compliance and ongoing assessment of a certified resource family or Certified Respite Provider, home and surroundings with OAR 413-200-0301 to 413-200-0396 and OAR 413-205-0000 to 413-205-0085.

(5) "Chemical Restraint" means a drug or medication that is administered to a child in care to control behavior or restrict freedom of movement.

(6) "Child" means a person who:

(a) Is under 18 years of age; or

(b) Is under 21 years of age and residing in or receiving care or services at a child-caring agency or proctor foster home, as defined in OAR 413-200-0260.

(7) "Child protective services assessment" (or "CPS assessment") means an investigation into a report of abuse pursuant to ORS 419B.020 or ORS 418.257 that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and assure safety through protective action plans, initial safety plans, or ongoing safety planning.

(8) "Criminal records check" means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:

(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information obtained from other sources.

(b) A fingerprint based national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI). The national criminal records check may also include a review of other criminal records information.

(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information sources located in, or regarding, a state or jurisdiction outside Oregon.

(9) "Denial" means the refusal of the Department to approve an application for certification and issue or renew a certification.

(10) "Department" means the Oregon Department of Human Services.

(11) "Discipline" means a training process a family uses to help a child or young adult develop the self-control and self-direction necessary to assume responsibilities, make daily living decisions, and learn to conform to accepted levels of social behavior.

(12) "Disqualifying condition" means any information or circumstance related to a person or to the home that does not meet one or more of the requirements in OAR 413-205-0000 to 413-205-0085.

(13) "Face-to-Face" means an in-person interaction between individuals.

(14) "Inactive Referral Status" means a period of time, not to exceed 12 months, during which neither the Department nor any other agency may place an additional child or young adult with a certified resource family or Certified Respite Provider.

(15) "Member of the household" means any adult, young adult or child living in the home, including the applicant, resource parent or relative resource parent. For the purposes of OAR 413-205-0000 to OAR 413-205-0085 member of the household also means any adult, young adult or child living in the home of a respite applicant or Certified Respite Provider.

(16) "Respite applicant" means any individual who applies to become certified as a Certified Respite Provider.

(17) "Respite care" means an arrangement to relieve a family with an open child welfare case or a certified resource family of their responsibilities by a person temporarily assuming responsibility for the care and supervision of a child or young adult.

(18) "Respite Certificate of Approval" means a document the Department issues to a Certified Respite Provider to provide care for 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 and custody of the Department.

(19) "Restraint" means the act of restricting the voluntary movement of a child or young adult as an emergency measure in order to manage and protect the child, young adult, or others from injury when no alternate actions are sufficient to manage the behavior of the child or young adult. "Restraint" does not include temporarily holding a child or young adult to assist them or assure their safety, such as preventing a child from running onto a busy street.

(20) "Revocation" means an administrative act by the Department that rescinds an existing Respite Certificate of Approval.

(21) "Young adult" means a person aged 18 through 20 years.

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.640 & ORS 409.010

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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