Or. Admin. R. 413-205-0020

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

Section 413-205-0020 - Responsibilities for Ongoing Management of a Certified Respite Provider

(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.

Or. Admin. R. 413-205-0020

CWP 27-2022, temporary adopt filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 27-2022, temporary adopt filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 70-2023, adopt filed 06/29/2023, effective 6/29/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.010 & ORS 418.640