Current through Register Vol. 63, No. 12, December 1, 2024
(1) Designated
Department staff must conduct a minimum of one home visit
every 180 days which must include face-to-face contact with
all certified individuals.
(2) When
there is an allegation of abuse involving a Certified Respite
Provider, the Certified Respite Provider must be
placed on Inactive Referral Status and must not be utilized
for certified respite care during the assessment
process.
(3) Designated
Department staff must approve each episode of
certified respite care with a Certified Respite
Provider, taking into consideration the ratios outlined in OAR
413-205-0045, as well as the Certified Respite Provider's
ability to provide for the safety, health, and well-being for the
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)
During and at the conclusion of a child protective services
assessment regarding an allegation of child abuse involving a
Certified Respite Provider follow the requirements of OAR
413-015-0601 to 413-015-0608.
(a) When the
assigned
certifier or certification supervisor is notified
that information received by a screener involving a
Certified Respite
Provider is referred for a
CPS assessment, within one
business day after the CPS worker has made initial contact with the
Certified Respite Provider, the
certifier
must:
(A) Contact and notify the
Certified Respite Provider and provide them with the following
information:
(i) The
certifier is available to answer questions related to
certification but must not discuss the specifics of the CPS
assessment;
(ii) The
Certified Respite Provider is immediately placed on
Inactive Referral Status pending the completion of the CPS
assessment; and
(iii) The
Certified Respite Provider has the option of having a
certified resource family or
Certified Respite
Provider available for support during the assessment.
(B) Document the initiation of a
CPS assessment and the placement of the
Certified
Respite Provider on
Inactive Referral Status in
provider notes in the
Department's electronic information
system.
(C) Notify
Department staff responsible for placement that the
Certified Respite Provider is on
Inactive Referral
Status.
(b)
Within 14 days of the notification required in paragraph (3)(a)(A)(ii) of this
rule, the
Department must provide written notification to the
Certified Respite Provider that the home has been placed on
Inactive Referral Status and place a copy of the written
notification in the certification file.
(c) The
certifier must
provide ongoing information regarding the
Certified Respite
Provider and any individuals living in the home to the assigned
CPS worker and the caseworkers of each
child
or
young adult identified in the
CPS
assessment.
(d) If the
certifier is unavailable, the certification supervisor must
ensure that the actions required in subsections (a) through (d) of this section
are completed.
(e) At the
conclusion of the
CPS assessment, the
certifier and certification supervisor must:
(A) Staff the case and review all the
information in the
CPS assessment;
(B) Determine whether the information
indicates certification actions described in OAR 413-205-0000 to 413-205-0085 should be taken; and
(C) Ensure
documentation of the results of the staffing in provider notes in the
Department's electronic information system.
(5) Requirements
Regarding Renewal of the Respite Certificate of Approval: To renew a Respite
Certificate of Approval for up to two additional years, the
Certified Respite Provider(s) must submit a completed application for renewal,
and the Department will assess the application under OAR
413-205-0020.
(6) When the
Certified Respite Provider has submitted an application for renewal, the
current certificate does not expire, despite any expiration date, until the
Department has renewed the certification, the renewal
application is withdrawn, or there is a proposed and final order denying the
application.
(7) Assessment for
Renewal of a Certified Respite Provider: When an application for renewal of a
Respite Certificate of Approval is received before the current certificate
expires the Department must reassess the Certified Respite Provider to
determine whether to renew the Respite Certificate of Approval for two
additional years.
(8) The
Department may terminate the assessment process at any time and deny the
application for respite certification renewal for one or more of the reasons in
OAR 413-205-0025.
(9) To complete
the assessment and renew a Respite Certificate of Approval, the certifier must
complete all of the following:
(a) Review the
completed application for renewal of a Respite Certificate of
Approval;
(b) Conduct a minimum of
one visit to the home of the Certified Respite Provider and:
(A) Have face-to-face contact with each
member of the household;
(B)
Observe and assess the safety of the physical environment;
(C) 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; and
(D) Complete a safety assessment of the home
and surroundings using a form approved by the Department.
(c) Confirm completion of required Certified
Respite Provider training;
(d)
Assess information received about the care of children who received respite in
the care of the Certified Respite Provider during the last certification
period;
(e) Assure completion of
criminal records checks on each respite applicant for renewal and each other
adult member of the household, and, at the Department's discretion, any child
not in the care and custody of the Department and living in the home, when
there is reason to believe the child may pose a risk to a child or young adult
receiving respite care services described in OAR 413-120-0400 to 413-120-0460.
A fingerprint-based criminal offender records check of national crime
information databases is not required for an application for renewal of a
Respite Certificate of Approval, unless a respite applicant or other adult
member of the household has lived outside of Oregon for more than 60
consecutive days within the two-year certification period or has been arrested
or convicted during the two-year certification period;
(A) Assess any safety concerns regarding the
fitness of a respite applicant, or other adult member of the household,
pursuant to OAR 413-120-0400 and 413-120-0460; and
(B) If appropriate, request approval to
complete respite certification of the respite applicant despite the new
criminal offender history of the respite applicant or other adult member of the
household.
(C) If a respite
applicant or other member of the household has a disqualifying conviction under
OAR 413-120-0400 to 413-120-0460 or the authorized designee makes a negative
fitness determination with respect to the individual, the Department must issue
a proposed and final order denying certification unless the respite applicant
withdraws the application.
(f) Assure completion of child abuse history
background checks for each respite applicant and each other adult member of the
household;
(A) If a respite applicant or other
adult member of the household, has lived outside the state of Oregon or outside
of the United States for more than 60 consecutive days during the two-year
certification period, a child abuse history background check must be obtained
from each state and requested from each country where the individual resided
during the two-year certification period.
(B) Assess any safety concerns regarding the
respite applicant, or other adult members of the household, raised by
information learned from the child abuse history background check.
(C) When a respite applicant for renewal or
other adult member of the household, 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
child or young adult in the care or custody of the Department, or a similar
disposition from another division of the Department, agency or state, which has
not previously been approved, consult with the certification supervisor about
whether to seek approval from the Child Welfare Program Manager to continue
with the assessment for renewal:
(i) 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
assessment for renewal.
(ii) If the
decision in subparagraph (i) of this paragraph is to deny continuing with the
assessment for renewal, the Department may terminate the assessment process
and, unless the application is withdrawn, proceed to deny the application under
OAR 413-205-0025.
(iii) The
information considered, including the safety concerns assessed, and the
decision must be documented on a form approved by the Department.
(g) Review and assess
whether conditions appear to exist in the home that affect the safety, health,
or well-being of a child or young adult receiving certified respite
care;
(h) Review and analyze the
Certified Respite Provider's skills and abilities in maintaining conditions in
the home that provide for the safety, health, and well-being and their ability
to meet the safety, health, and well-being needs for the child or young adult
receiving respite care; and
(i)
When recommending renewal of the Respite Certificate of Approval, update the
approval narrative on a form approved by the Department, including results of
the assessment activities completed in subsections (a) to (h) of this section
and submit to the certification supervisor for approval.
(10) Before the Department may renew a
Respite Certificate of Approval, a certification supervisor must:
(a) Assure the certifier has completed all
assessment activities required by subsections (9)(a) to (i) of this rule and
review the certifier's assessment of the Certified Respite Provider;
(b) Review the approval narrative update;
and
(c) Determine whether to
approve or deny the application for renewal.
(11) When the certification supervisor
approves the application for renewal, the Department may issue a new Respite
Certificate of Approval, valid for two years from the expiration date of the
current Respite Certificate of Approval.
(12) If the certification supervisor decides
not to approve the respite application for renewal, the Department must proceed
to deny the application as outlined in OAR 413-205-0025 unless the certified
respite family voluntarily withdraws their application. The current certificate
continues until its expiration date unless the Department proceeds to revoke
the certificate as outlined in OAR 413-205-0025 or the certified respite family
requests to voluntarily terminate the certificate and the Department accepts
the family's request. If the certificate did not expire under section (7) of
this rule and the certified resource family withdraws the application, the
certificate terminates.
(13)
Pursuant to ORS 183.430, if the Certified
Respite Provider has submitted a timely application and the Department does not
complete the activities in sections (3) to (5) of this rule before the stated
expiration date on the Certified Respite Provider's Respite Certificate of
Approval the Certified Respite Provider's Certificate of Approval does not
expire until the Department has issued a new Certificate of Approval or there
is a final order denying renewal.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
409.010 & ORS
418.640