Current through Register Vol. 63, No. 12, December 1, 2024
(1) The
Department may deny an application or revoke a Respite
Certificate of Approval if:
(a) The
respite applicant or
Certified Respite
Provider fails to provide requested information within 90 days of a
written request from the
Department;
(b) When the
respite
applicant,
Certified Respite Provider, or other adult
member of the household has been identified as the
perpetrator, alleged perpetrator, or respondent of abuse in a
child
protective services assessment founded disposition, unable to
determine disposition, substantiated, inconclusive or a similar disposition
from another agency or state as described in 413-205-0015(1)(i).
(c) If during the five years prior to the
date an application is received by the
Department, the
respite applicant or
Certified Respite
Provider has had a previous application for certification denied or a
prior certificate revoked from any state, department, or agency.
(d) The
respite applicant or
Certified Respite Provider does not meet or no longer meets
one or more of the
Certified Respite Provider
qualifications;
(e) The
Department has determined that the
respite
applicant or the
Certified Respite Provider does not
meet or cannot continue to provide for the safety, health or well-being needs
of 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;
(f)
The
Department discovers a
respite applicant
or
Certified Respite Provider has falsified information by act
of commission or omission;
(g) The
respite applicant or
Certified Respite
Provider fails to provide information to the
Department or fails to inform the
Department
of any disqualifying condition, including a disqualifying condition that arises
after the certification has been issued;
(h) The
respite applicant or
Certified Respite Provider is found to have interfered or
hindered an investigation of abuse of a
child or
young
adult, including but not limited to the intimidation of witnesses,
falsification of records, or denial or limitation of interviews with the
child or
young adult who is the subject of
the investigation or with witnesses;
(i) The
respite applicant or
Certified Respite Provider interferes with the good faith
disclosure of information by an employee or volunteer concerning the abuse or
mistreatment of a
child or
young adult in the
home of the
Certified Respite Provider, violations of respite
certification requirements, criminal activity in the home of the
Certified Respite Provider, violations of state or federal
laws or any practice that threatens the health and safety of a
child or
young adult receiving care in the
home of the
Certified Respite Provider to any of the
following:
(A) Oregon
Department of Human Services;
(B) A law enforcement agency; or
(C) A family member, guardian or other person
who is acting on behalf of the
child or
young
adult.
(j) A
member of the household is found to have a disqualifying
conviction under OAR 413-120-0450(3) or (4) or an authorized designee makes a
negative fitness determination.
(2) The Department must take action to revoke
a Respite Certificate of Approval when the disposition of a
child protective services assessment or a similar disposition
from another Department division, agency or state is founded
or substantiated, the Department must take action to revoke
the Respite Certificate of Approval unless the
Certified Respite Provider voluntarily terminates their
Respite Certificate of Approval.
(3) If the Department
decides to deny an application for a Respite Certificate of
Approval, deny renewal of a Respite Certificate of
Approval, or revoke a Respite Certificate of
Approval, the Department must provide a
respite applicant or Certified Respite
Provider a written notice of intent to deny the application or revoke
the certificate, which must state the reasons for the action and comply with
OAR 413-010-0510.
(4) When the
Department has issued a written notice to revoke a
Respite Certificate of Approval before the stated expiration
date on the certificate, the certificate must not expire until there is a final
order on the notice to revoke the certificate.