Or. Admin. Code § 413-200-0278

Current through Register Vol. 63, No. 11, November 1, 2024

Section 413-200-0278 - Responsibility to Determine the Maximum Number of Children or Young Adults in a Certified Family Home

(1) Except as provide in subsection (3) of this rule, the Department may not issue a Certificate of Approval, a Child-Specific Certificate of Approval, or a Temporary Certificate of Approval if the home would exceed the following maximum capacity:

(a) A total of four children or young adults to one certified adult living in the home;

(b) A total of seven children or young adults, no more than six may be children or young adults in the care or custody of the Department placed in the home, to two certified adults living in the home; or

(c) A total of two children under the age of three.

(2) When counting the children or young adults under this rule, all children are included and all young adults in the care or custody of the Department are included.

(3) A Child Welfare Program Manager or designee may approve placing an additional child or young adult in the home in special circumstances.

(a) Special circumstances include, but are not limited to:

(A) To allow a parenting young adult to remain with their child;

(B) To allow siblings to remain together;

(C) To allow a child or young adult to be placed with a relative or with a caregiver who has a relationship with the child or young adult; or

(D) To allow a family with special training or skills to provide care to a child or young adult with specific needs.

(b) In these special circumstances, the certifier must assess:

(A) The skills and abilities, willingness, and training of the certified family related to the quantity of services required for each child or young adult to be placed in the home;

(B) The skills and abilities of the certified family to meet the safety, health, and well-being needs of each child or young adult to be placed in the home;

(C) The amountofsupervision and support the certified family requires to meet the needs of each child or young adult to be placed in the home;

(D) The maximum safe physical capacity of the home, including sleeping arrangements; and

(E) The plan for each individual to escape from the home in case of fire or other emergency.

(4) The certifier must document the assessment described in subsection (b) of section (3) of this rule on a form approved by the Department, including the sustainability of the plan and any actions the Department may take to ensure continued child safety, health and well-being in the certified home, and obtain Child Welfare Program Manager or designee approval prior to permitting the home to exceed the maximum capacity specified in section (1) of this rule.

(5) When a Child Welfare Program Manager or designee approves exceeding the maximum capacity in a certified home, the certifier must:

(a) Visit the home every 90 days as long as the home exceeds the maximum capacity; and

(b) During each visit, review, assess and document the certified family's compliance with certification standards as outlined in OAR 413-200-0283 and the conditions that appear to exist in the home that affect safety, health and well-being for the child or young adult placed in the home.

(6) The Department may at its discretion modify any certificate issued under OAR 413-200-0270 to 413-200-0298 to increase or decrease the maximum capacity or the age range of the children or young adults for whom the family is certified within the limits prescribed in this rule.

Or. Admin. Code § 413-200-0278

CWP 4-2007, f. & cert. ef. 3-20-07; 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

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

Statutes/Other Implemented: ORS 418.005, ORS 409.010 & ORS 418.625 - 418.645