Or. Admin. Code § 413-200-0274

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

Section 413-200-0274 - Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval

(1) To complete an assessment of an applicant and approve a potential adoptive resource or issue a Certificate of Approval or Child-Specific Certificate of Approval, the certifier must:

(a) Review the completed application.

(b) Have face-to-face contact with each applicant and each other member of the household.

(c) Explain to the applicant the process and requirements for certification of a relative resource parent or resource parent and approval of a potential adoptive resource.

(d) Discuss with the applicant the role and responsibilities of the Department.

(e) Assess the applicant's motivation for and interest in caring for a child or young adult in the care or custody of the Department.

(f) Assure the applicant possesses a valid driver license and auto insurance if the applicant will operate a motor vehicle with any child or young adult placed in their home by the Department inside the vehicle.

(g) Evaluate with the applicant, the children and young adults appropriate for placement in the home and the placement capacity.

(h) When appropriate, obtain approval from the Child Welfare Program Manager or designee on a form approved by the Department under any of the following circumstances:

(A) The home will exceed the maximum placement capacity as described in OAR 413-200-0278.

(B) An applicant or other member of the household provides child care in the home or is a foster care provider licensed by another child-caring agency.

(C) An applicant or other member of the household provides foster care or day care to adults in the home.

(D) An applicant is married, in a domestic partnership, or cohabitating but the applicant's spouse or partner is not also an applicant and OAR 413-200-0306(3)(a) or (b) applies.

(E) The applicant applies for a Certificate of Approval or Child-Specific Certificate of Approval through a Department office other than the office in the county in which the family resides.

(i) Complete a minimum of two home visits.

(A) Observe and assess the safety of the physical environment;

(B) 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;

(C) Complete a safety assessment of the home and surroundings using a form approved by the Department; and

(D) Provide the home with age-appropriate documents outlining the Oregon Foster Children's Bill of Rights under ORS 418.201 and OAR 413-010-0180, Oregon Foster Children's Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860 (3).

(E) Provide of copy of the Oregon Foster Parent Bill of Rights under ORS 418.648.

(j) Gather personal, family, and social history information through a series of questionnaires approved by the Department, interviews, and observations in which the Department staff gathers personal information about the applicant and each other member of the household. Analyze information as it relates to each applicant's personal qualifications and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child oryoung adult.

(k) Assure completion of a criminal records check through LEDS and a fingerprint-based criminal records check of national crime information databases on each applicant and each other adult member of the household, excludinga young adult in the care and custody of placed in the home, and, at the Department'sdiscretion, on any child not in the care or custody of the Department and living in the home when there is reason to believe the child may pose a risk to a child oryoung adult in the care or custodyof the Department placed in the home as outlined in OAR 413-120-0400 to 413-120-0475.

(A) Assess the fitness of each applicant and each other member of the household pursuant to OAR 413-120-0450 and 413-120-0455;

(B) If appropriate, obtain approval pursuant to OAR 413-120-0450 and 413-120-0455 to continue with certification assessment of the applicant despite the criminal offender history of each applicant and each other member of the household; or

(C) If an applicant or other member of the household has a disqualifying conviction under OAR 413-120-0450 (3) or (4) or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed under OAR 413-120-0460 and OAR 413-200-0296(2) and issue a proposed and final order denying certification, unless the application is withdrawn by the applicant.

(D) Document the information considered and the decision on a form approved by the Department.

(L) Assure completion of child abuse history background checks for each applicant and each other adult member of the household, excluding a young adult in the care and custodyof the Department, as follows:

(A) If an applicant or other adult member of the household excluding a young adult in the care and custody of the Department placed in the home, has lived outside the state of Oregon and within the United States in the previous five years, obtain a child abuse history background check from each state where the individual resided in the five years preceding the date on the application for certification from the Department;

(B) If an applicant or other adult member of the household, excluding a young adult in the care and custody of the Department placed in the homehas lived outside of the United States in the previous five years, request a child abuse history background check from each country where the individual lived within the five years preceding the date on the application for certification from the Department;

(C) Assess any safety concerns regarding each applicant and each other member of the household raised by information learned from the child abuse history background check in Oregon and if applicable, another state or country; and

(D) When an applicant or other member of the household excluding a young adult in the care and custody of the Department placed in the home, 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 or a similar disposition from another Department division, agency, or state, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager to continue with the certification assessment:

(i) If the decision is to seek approval, the Child Welfare Program Manager must consider the information and the safety concerns and may approve or deny continuing the assessment;

(ii) If the decision in subparagraph (i) of this paragraph is to deny continuing with the assessment, the Department may terminate the assessment process and, unless the application is withdrawn, proceed to deny the application under OAR 413-200-0296;

(iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department.

(m) Gather information from a minimum of four personal references for the applicant, no more than two of which may be provided by the applicant's relatives.

(n) Verify each applicant has completed:

(A)Orientation prior to certification;

(B)Department required resource parent training before or within 12 months of certification unless the applicant has written documentation of completion of equivalent training content from the Department or another licensed child-caring agency within two years of the date on the current application that is approved by the supervisor; and

(C) The Department approved training per OAR 413-120-0246, prior to approval for adoption, when the applicant has applied for adoption.

(o) For purposes of a Child-Specific Certificate of Approval, as appropriate, verify the applicant has a written, individualized training plan, approved by a supervisor, specific to meeting the needs of the child or young adult placed with the certified resource family. The individualized training plan must:

(A) Include training on the mental, emotional, and physical impacts of abuse, including sexual abuse and rape of a child; and

(B) Be developed on or prior to issuance of the Child Specific Certificate of Approval.

(p) Discuss and develop a training plan with each applicant, which must include knowledge and skills related to applying the reasonable and prudent parent standard for the participation of the child oryoung adult in age-appropriate or developmentally appropriate activities.

(q) Document the assessment of the certified resource family's qualifications and ability to provide safety, health, and well-being for the child oryoung adult in the care or custody of the Department in a home study on a form approved by theDepartment when the recommendation is to issue a Certificate of Approval or Child-Specific Certificate of Approval.

(2) If the certifier has completed all of the activities in section (1) of this rule and the supervisor has approved the home study, the Department may:

(a) In the case of an applicant seeking certification, either:

(A) Issue a Certificate of Approval or Child-Specific Certificate of Approval for a two-year period, as applicable; or

(B) Issue a Notice of Intent to deny certification, unless the application is withdrawn by the applicant.

(b) In the case of an applicant seeking to be an adoptive resource, send written notice of the status of the application pursuant to OAR 413-120-0240.

(3) The Department must assess an applicant and determine whether to approve the application or deny the application within 180 days of Department receipt of a completed application unless:

(a) The application is withdrawn by the applicant;

(b) The Child Welfare Program Manager or designee extends the assessment period;

(c) The Department has issued a Temporary Certificate of Approval; or

(d) One of the circumstances in OAR 413-200-0272(2) applies.

Or. Admin. Code § 413-200-0274

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; 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 409.050, ORS 418.005 & ORS 418.640

Statutes/Other Implemented: ORS 417.200-417.260, ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648