Or. Admin. R. 413-200-0272

Current through Register Vol. 63, No. 8, August 1, 2024

Section 413-200-0272 - Responsibilities for Assessment and Certification

(1) Except as provided in sections (2) and (3) of this rule, the Department must conduct an assessment to determine if the applicant and the home of the applicant meet the standards in OAR 413-200-0301 to 413-200-0396 as follows:

(a) For the approval of a potential adoptive resource or issuance of a Certificate of Approval orChild-Specific Certificate of Approval, the Department must conduct the activities described in OAR 413-200-0274. The Certificate of Approval and Child-Specific Certificate of Approval expire two years from the date of issuance unless OAR 413-200-0287(7) or OAR 413-200-0296(6) apply.

(b) For issuance of a Temporary Certificate of Approval, the Department must conduct the activities described in OAR 413-200-0275. A Temporary Certificate of Approval expires 180 days from the date of issuance unless an extension is granted.

(c) For issuance of a Certificate of Approval or Child-Specific Certificate of Approval to a certified resource family that has been issued a Temporary Certificate of Approval, the Department must conduct the activities described in OAR 413-200-0276. In this circumstance, the Certificate of Approval or Child-Specific Certificate of Approval expires two years from the date of issuance of the Temporary Certificate of Approval, unless OAR 413-200-0287(7) applies.

(d) The Department may share information in the home study when permitted or required by law, consistent with ORS 418.642, OAR 413-200-0298 and, if the application is for adoption, ORS 109.319, OAR 413-010-0035(8), 413-120-0016, 413-120-0220, and 413-120-0246. The Department is required to share information about a child or young adult in the care or custody of the Department with the parties to the child's or young adult's juvenile court proceeding.

(2) An applicant may not be denied to provide care for a child or young adult under these rules:

(a) For the sole reason that the individual received child welfare services as a child oryoung adult;

(b) For the sole reason that the individual is a person with a disability; or

(c) On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, gender expression or disability.

(3) The Department is not required to assess an applicant and may deny the application if:

(a) The applicant has had a previous application for certification denied or a prior certificate revoked during the five years prior to the date on the application;

(b) The applicant is seeking to care for a specific child or young adult who is not in the care or custody of the Department;

(c) The applicant is seeking to care for a specific child or young adult in the care and custody of the Department and the Department has determined that child or young adult does not require placement change. This subsection does not supersede placement priority with achild or young adult's relatives; or

(d) The applicant is seeking to care for a specific child or young adult for whom the Department has not received a request for a home study under the Interstate Compact for the Placement of Children (ICPC).

(4) The Department may terminate the assessment process at any time and proceed to issue a proposed and final order denying certification for one or more of the reasons in OAR 413-200-0296 or, if the application is for approval to be a potential adoptive resource, deny the application for the reasons in OAR 413-120-0225.

(5) Any certificate issued by the Department under OAR 413-200-0270 to 413-200-0298 must include all the following information:

(a) The certificate type: Temporary Certificate, Child-Specific Certificate of Approval, or Certificate of Approval.

(b) The name of each applicant approved as the certified resource family.

(c) The address to which the certificate applies.

(d) The age range (birth to 20) of any child or young adult the Department may place in the certified resource family's home.

(e) The placement capacity of the certified resource family.

(f) The provider number that the Department has given the home.

(g) The effective and expiration dates of the certificate.

(h) The signature of the approving manager.

Or. Admin. R. 413-200-0272

SOSCF 17-1999, f. & cert. ef. 8-12-99; Renumbered from 413-200-0280, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07; Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert .ef. 11-1-07; CWP 24-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 2-2009, f. & cert. ef. 2-2-09; CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 20-2015, f. & cert. ef. 10/1/2015; CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 54-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 53-2019, amend filed 12/23/2019, effective 1/1/2020; CWP 9-2021, amend filed 03/26/2021, effective 4/15/2021; CWP 30-2021, temporary amend filed 12/20/2021, effective 1/1/2022through 6/29/2022; CWP 14-2022, amend filed 06/23/2022, effective 6/29/2022

Statutory/Other Authority: ORS 418.005, ORS 418.640 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.010, 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