Current through Register Vol. 63, No. 3, March 1, 2024
(1) For
purposes of this rule, "applicant" means a child-caring agency that is in the
process of applying to the Department for an initial license or license renewal
or to add a program to an existing license.
(2) Application required.
(a) A
child-caring agency
must submit a completed application in each of the following situations:
(A) To obtain an initial license.
(B) To renew a license.
(C) To add a program to an
existing license.
(b) An
applicant must apply for a license on forms provided by the
Department.
(c) A
licensee must submit a completed application for renewal prior
to the expiration of the current license. If the Department receives an
application for renewal before the license expires, the license remains
effective until the Department issues a decision on the application.
(3) Documents to be submitted by a
new applicant. The applicant must submit to the Department at
the time of application all of the following documents:
(a) An application form that is complete and
signed by the board chair and either the executive director or program
director.
(b) A copy of the
articles of incorporation, bylaws, amendments to the articles of incorporation
and bylaws, and documents evidencing each name change or assumed business name.
This requirement does not apply to an applicant that is operated by a county
government.
(c) A completed "CCA
Contact Information" form that includes the current board of directors,
including names, term, and office held and contact information for the board of
directors, management personnel, other regulatory authorities, and state or
governmental agencies or units with whom the child-caring agency contracts to
provide care or services to children.
(d) A complete personnel list with job
titles.
(e) An organization chart
with job titles and staff names.
(f) Documentation that a background check was
completed as required in OAR 407-007-0200 to 407-007-0370 on the executive
director and program director.
(g)
A proposed annual budget adequate to finance the program. The budget must
clearly indicate all sources of income and anticipated expenditures, as
described in OAR 419-400-0050.
(h)
A written program description, including admission requirements, population
served, gender and ages served, types of programs and services offered, the
cost to clients (if any), the geographical area to be served, and the projected
staffing pattern. The program description must identify all exclusions that
would make a child in care ineligible to be served by the child-caring
agency.
(i) For new, expanding, or
changing residential programs only, documentary proof of compliance with ORS
336.575, which requires
notification of the superintendent or the district school board of possible
effect of additional children in care and services, three months before
children in care arrive at the agency's facility.
(j) Current copies of all written policies
and procedures required by these rules and requested by the Department as part
of application process.
(k) Floor
plans for any proposed facility with enough detail to determine compliance with
space requirements in these rules.
(l) Proof of adequate fire, auto, and
liability insurance.
(m) Emergency
procedures.
(n) Current inspection
report of the Fire Marshal and current environmental health inspection reports,
unless the application is for a license as an adoption agency or a foster care
agency. For an outdoor youth program, these inspections reports are only
required for each base camp component.
(o) For the previous 10 years, a copy of each
report by a government authority concerning a criminal charge, charge or
finding of abuse, malpractice complaint, or lawsuit against the child-caring
agency, a member of the child-caring agency's board of directors, or one of its
employees related to the provision of services, and the basis and disposition
of each action, if applicable. Reports issued by the Department that have
already been received by the licensing coordinator may be excluded.
(p) Other documents or information requested
by the Department.
(4)
Documents to be submitted to renew a license. A licensee must
submit to the Department at the time of application for renewal all of the
following documents 30 days prior to expiration of the license:
(a) An application renewal form that is
complete and signed by the board chair and either the executive director or
program director.
(b) Current "CCA
Contact Information" form as described in subsection (3)(c) of this
rule.
(c) A complete personnel list
with job titles.
(d) An
organization chart with job titles and staff names.
(e) Documentation that a background check was
completed as required in OAR 407-007-0200 to 407-007-0370 on the executive
director and program director.
(f)
Proof of adequate fire, auto, and liability insurance.
(g) Current inspection report of the Fire
Marshal and current environmental health inspection reports, unless the
re-application is for a license as an adoption agency or a foster care agency.
For an outdoor youth program, these inspection reports are only required for
each base camp component.
(h)
Audited financial statements as provided in this subsection:
(A) Except as provided in paragraph (B) of
this subsection, a child-caring agency that has annual revenues in excess of $1
million must provide an audit completed by an independent certified public
accountant for the most recent fiscal year.
(B) The requirement in paragraph (A) of this
subsection does not apply to a child-caring agency that
provides adoption placement services, but does not provide care to a child and
does not receive public funds.
(i) A tax compliance certificate issued by
the Oregon Department of Revenue.
(j) Current copies of all written policies
and procedures required by these rules and requested by the Department as part
of the renewal process.
(k) Other
documents or information requested by the Department.
(5) Documents to be submitted to add a
program to an existing license. A child-caring
agency must submit documents required in subsections (a), (d), (e),
(g), (h), (i), (j), (k), (L), (m), (n), and (p) of section (3) of this
rule.
(6) Application fees.
(a) The Department requires no fee to be paid
by an applicant for the inspection conducted to determine whether to grant,
withhold, suspend, or revoke a license required by these rules.
(b) A child-caring agency may be required to
pay for inspections done by other governmental agencies, such as county health
departments and the State Fire Marshal, that are necessary to obtain a license
from the Department.
(7)
Processing the Application. Within 30 days of the receipt of an application and
the documents described in section (3), (4), or (5) of this rule, the
Department will begin its review to determine whether the
applicant is or will be in compliance with applicable rules in
OAR chapter 419, division 400 and whether denial is required or appropriate
under OAR 419-400-0280. In connection with its evaluations, the Department may
examine the records and files of the applicant, inspect and
observe the physical premises, and interview children and families served by
the program, the staff of the
applicant, and persons in the community.
Statutory/Other Authority: ORS
409.050, ORS
418.005, Act of July 1, 2019,
Ch. 19, 2019 OR. Laws 80, ORS
418.255 & ORS
418.240
Statutes/Other Implemented: Act of July 1, 2019, Ch. 19, 2019
OR. Laws 80 & ORS
418.205 -
418.327
