Or. Admin. Code § 413-200-0281

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

Section 413-200-0281 - Informal Respite Care, and Child Care

(1) The certifier must undertake all of the following activities:

(a) Discuss with the certified resource family the plan for providing care to a child or young adult placed in the home when the certified resource family may be unavailable to provide care.

(b) For any prospective informal respite care provider or child care provider, assure completion of a criminal records check as outlined in OAR 413-120-0400, unless the provider is a child care facility.

(c) Document the information considered and the results of any fitness determination on a form approved by the Department.

(d) For any prospective informal respite care provider or child care provider, conduct child abuse history background checks, unless the provider is a child care facility.

(e) Initiate out of state child abuse history background checks if the prospective informal respite care or child care provider has lived outside the state of Oregon in the previous five years.

(f) When a prospective informal respite provider or child care provider 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 young adult or a similar disposition from another division of the Department, agency or state, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager:

(A) 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 determination of the informal respite care or child care provider;

(B) The decision, and the information assessed, must be documented on a form approved by the Department.

(g) When informal respite care or child care will be provided in the home of the informal respite care or child care provider, assure the activities described in subsections (b) through (e) of this section are complete for all adults living in the home of the informal respite care or child care provider. An informal respite care provider or child care provider may be conditionally approved by a Child Welfare Program Manager or designee prior to the results from the fingerprint-based criminal offender records check of national crime information databases. The approval must be documented on form approved by the Department.

(h) Analyze information gathered under subsections (a) to (f) of this section prior to determining the individual is safe and appropriate to provide informal respite care or child care and approving the individual to provide informal respite care or child care.

(i) Document the analysis required under subsection (g) of this section in the Department's electronic information system.

(j) Notify the certified resource family of the determination of whether the individual is authorized to provide informal respite care or child care.

(k) Verify that any certified resource family identified to provide certified respite care or child care for another certified resource family has a current certification.

(l) The Department may disapprove a prospective informal respite care provider or child care provider even if the provider has a positive fitness determination.

(2) If the informal respite care provider or child care provider 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 informal respite care or child care provider, the provider may not provide care.

(3) When a certified resource family notifies the Department of their intent to provide certified respite care for another child or young adult in the care or custody of the Department, the certifier must approve the request prior to the certified resource family providing certified respite care.

Or. Admin. Code § 413-200-0281

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

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

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