Or. Admin. R. 419-440-0040

Current through Register Vol. 63, No. 9, September 1, 2024

Section 419-440-0040 - Foster Care Agencies: Assessment and Approval of Proctor Foster Homes

A foster care agency must comply with all of the following requirements:

(1) Prior to approval of an approved proctor foster parent and prior to the certification of a proctor foster home the foster care agency must complete a proctor foster home assessment for each proctor foster home applicant.

(2) The proctor foster home assessment must be based on an on-site review of the proctor foster home applicant's home, and observations of and interviews with each member of the household, background check information, and any information gathered during the course of the assessment. The foster care agency must require that each applicant submit all of the following:

(a) A completed application. When two individuals are lawfully married, have a domestic partnership as defined in ORS 106.310, or are cohabitating, both individuals are required to apply unless:

(A) One individual is in the military and stationed out of Oregon; or

(B) The foster care agency has approved an exception because there are unique circumstances in which one individual will not be responsible for any household management or the care of a child in care placed in the home.

(b) Assurance that the home is the primary residence of the proctor foster home applicant and is the residence where each child in care will reside.

(c) A completed statement of physical and mental health.

(d) If the foster care agency considers it appropriate, a report from a licensed health care or mental health professional concerning any medical, psychological, or substance-abuse problem that might interfere with a proctor foster home applicant's ability to care for a child in care.

(e) A minimum of four references, not more than one of which may be a relative of the proctor foster home applicant.

(f) Names and contact information of at least two individuals with whom the applicant is likely to remain in contact if displaced due to a natural disaster.

(3) The foster care agency must complete a written home study that includes all of the following information:

(a) Safety information, including documentation that the home is in full compliance with the standards for the proctor foster home environment in OAR 419-440-0050.

(b) The names and ages of children in the home and children no longer in the home.

(c) A completed background check for all members of the household age 18 and over as required by OAR 407-007-0200 to 407-007-0370. A criminal history check for a household member under the age of 18 is required if there is reason to believe that the background check may reveal information that is useful in assessing any risk posed by the household member.

(d) A completed child abuse history background check from every state, where the individual has resided in the last five years and a request for a child abuse history background check from any other country outside of the United States where the individual has resided in the last five years:

(A) For all members of the household age 18 and over; and

(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.

(e) The proctor foster home applicant's placement preferences.

(f) The proctor foster home applicant's motivation for providing foster care.

(g) The proctor foster home applicant's life experiences and challenges.

(h) The proctor foster home applicant's relevant health history and a disclosure statement of any current mental health and substance abuse issues for anyone living in the home that may impact the safety of the child in care.

(i) The proctor foster home applicant's education and training.

(j) The proctor foster home applicant's employment and finances.

(k) The proctor foster home applicant's current support systems and need for additional support services.

(l) The proctor foster home applicant's marital history, including previous marriages, divorces, and long-term relationships.

(m) The proctor foster home applicant's parenting skills and values.

(n) The proctor foster home applicant's lifestyle.

(o) The proctor foster home applicant's religion or spiritual beliefs.

(p) Cultural background and experiences with diverse cultural groups.

(q) The proctor foster home applicant's ability to respect the spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, cultural identity, and socioeconomic background of each child in care, and provide opportunities to enhance the positive self-concept and understanding of the heritage of the child in care.

(r) An assessment of current and previous licenses, certifications, and applications for relative care, adult or child foster care, day care, adoption, and other types of services for vulnerable individuals, including adult care giving. Information must include any denials, suspensions, revocations, or terminations.

(s) An assessment of the areas in which training is needed and the plan of the foster care agency for providing needed training, including time frames.

(t) The proctor foster home applicant's home and community.

(u) Assessment and recommendations including the characteristics and maximum number of children in care who may be placed in the proctor foster home.

(4) A process for notifying proctor foster home applicants. The foster care agency must notify each proctor foster home applicant in writing of the acceptance or denial of the application for approval as a proctor foster home and certification as a proctor foster home. If the foster care agency denies an application based on information provided by the Department to the foster care agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the applicant, the foster care agency must disclose to the proctor foster home applicant the reason for the denial.

Or. Admin. R. 419-440-0040

CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019; Renumbered from 413-215-0316 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 40-2023, minor correction filed 06/06/2023, effective 6/6/2023

Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240

Statutes/Other Implemented: ORS 418.205 - 418.325