Or. Admin. Code § 413-200-0283

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

Section 413-200-0283 - Responsibilities to Monitor Certification Compliance

(1) A certifier must conduct the following home visits:

(a) A minimum of one home visit every 90 days during the period a Temporary Certificate of Approval is effective;

(b) A minimum of one home visit every 90 days when a certified resource family has been approved to exceed the maximum capacity as prescribed in OAR 413-200-0278(1), for the duration of the management approval; and

(c) A minimum of one home visit to any certified resource family every 180 days, which must include:

(A) Face to face contact with at least one certified individual, and

(B) Verbal contact with both certified individuals.

(2) A certifier must assess a certified resource family's compliance with OAR 413-200-0301 to 413-200-0396 and ability to continue to meet the safety, health and well-being needs for a child or young adult in the care or custody of the Department at each home visit and complete the following activities when applicable:

(a) Whenever it becomes known that the certified resource family wishes to become an in-home child care, an adult foster care, or an in-home adult day care provider, seek approval from the Child Welfare Program Manager or designee on a form approved by the Department;

(b) Whenever it becomes known that another agency wishes to place a child or young adult in a certified home, prior to placement of the child or young adult, seek approval from the Child Welfare Program Manager or designee on a form approved by the Department.

(c) Whenever it becomes known that another adult, not in the care or custody of the Department, is living in the household or the Department has reason to believe that a child, not in the custody of the Department, who lives in the home, an alternative care provider, or a person who frequents the home poses a risk to a child or young adult in the care or custody of the Department:

(A) Assure completion of a criminal records check under OAR 413-120-0400 and follow requirements in OAR 413-120-0400 to OAR 413-120-0475;

(B) Assure completion of a child abuse history background check and assess any safety concerns as outlined in OAR 413-200-0274(1)(L); and

(C) Document the information considered and the results of any fitness determination or safety assessment on a form approved by the Department.

(d) Whenever it becomes known that a certified resource family or other member of the household, excluding any young adult in the care and custody of the Department placed in the home, has been arrested or convicted of a crime not previously assessed and approved:

(A) Assure completion of a criminal records check under OAR 413-120-0400 and follow requirements in OAR 413-120-0400 to 413-120-0475 whenever it becomes known that certified resource family or other member of the household excluding any young adult in the care and custody of the Department placed in the home, has been arrested or convicted of a crime not previously assessed and approved.

(B) Document the information considered and the results of any fitness determination or safety assessment on a form approved by the Department.

(e) Seek input from the caseworkers of each child and young adult placed in the home during the past 180 days and assess 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 in compliance with OAR 413-200-0301 to 413-200-0396.

(f) Assess the information that the certifier learns from the certified resource family, members of the household, caseworkers, and the home visit in section (1) of this rule, to determine whether conditions appear to exist in the home that affect safety, health, and well-being for the child or young adult placed in the home by the Department.

(g) Complete the activities under OAR 413-200-0278 when a Child Welfare Program Manager or designee has approved exceeding the maximum capacity specified in OAR 413-200-0278.

(h) Document the contacts with the certified resource family and the assessment information obtained under this rule in the provider record of the Department's electronic information system.

(3) During and at the conclusion of a child protective services assessment regarding an allegation of child abuse in a certified resource family, 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 home certified by the Department is referred for a CPS assessment, within one business day after the CPS worker has made initial contact with the certified resource family, the certifier must:

(A) Contact and notify the certified resource family 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 resource family is immediately placed on inactive referral status pending the completion of the CPS assessment; and

(iii) The certified resource family has the option of having a resource parent or relative resource parent available for support during the assessment.

(B) Document the initiation of a CPS assessment and the placement of the certified resourcefamily on inactive referral status in provider notes in the Department's electronic information system.

(C) Notify Department staff responsible for placement that the certified resource family's home 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 resource family 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 resource family and any individuals living in the home to the assigned CPS worker and the caseworkers of each child or young adult placed in the home by the Department.

(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 413-200-0270 to 413-200-0298 should be taken; and

(C) Ensure documentation of the results of the staffing in provider notes in the Department's electronic information system.

Or. Admin. Code § 413-200-0283

CWP 4-2007, f. & cert. ef. 3-20-07; 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 93-2023, amend filed 12/22/2023, effective 1/1/2024

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