Or. Admin. Code § 411-346-0150

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-346-0150 - General Requirements for Certification

(1) An applicant or foster provider must participate in certification and certification renewal studies and in the ongoing monitoring of their home.

(2) An applicant or foster provider must give the information required by the Department to verify compliance with all applicable rules, including change of address and change of number of people in the household, such as relatives, employees, or volunteers.

(3) An applicant seeking certification from the Department must complete the applicable Department forms. When two or more adults living in a home share foster provider responsibilities to any degree, each adult must be listed on the application as applicant and co-applicant.

(4) An applicant must disclose each state or territory the applicant has lived in the last five years and for a longer period if requested by the certifying agency. The disclosure must include the address, city, state, and zip code of previous residences.

(5) An applicant must provide the following information:

(a) Names and addresses of any agencies in the United States where any occupant of the home has been licensed or certified to provide care to children or adults and the status of such license or certification, such as licenses or certificates for residential care, nurse, nurse's aide, and foster care.

(b) Proposed number, gender, age range, disability, and support needs of children to receive services in foster care.

(c) School reports for any school-age child living in the home at the time of initial application. School reports for any school-age child living in the home within the last year may also be required.

(d) Names and addresses of at least four people, three of whom are unrelated, who have known each applicant for two years or more and who can attest to the character of the applicant and the ability of the applicant to care for children. The Department may contact schools, employers, adult children, and other sources as references.

(e) Reports of all criminal charges, arrests, or convictions, including the date of offense and the resolution of those charges, for all people living in the home, as well as all employees and volunteers. If the minor children of the applicant are living in the home, the applicant must also list reports of all criminal or juvenile delinquency charges, arrests, or convictions, including the date of offense and the resolution of those charges.

(f) Founded reports of child abuse or substantiated abuse, including dates, locations, and resolutions of those reports, for all people living in the home, as well as all employees, independent contractors, and volunteers.

(g) Demonstration, upon initial certification, of successful completion of 15 hours of pre-service training.

(h) Demonstration, upon initial certification, of income sufficient to meet the needs and to ensure the stability and financial security of the family independent of the foster care payment.

(i) All child support obligations in any state, including whether the obligor is current with payments or in arrears, and whether any wages of the applicant or foster provider are being attached or garnished for any reason.

(j) A statement from a physician, on the applicable Department form, that each applicant is physically and mentally capable of providing care.

(k) A floor plan of the house showing the location of all of the following:

(A) Rooms, indicating the bedroom for the child in foster care, caregiver, and other occupants of the home;

(B) Windows;

(C) Exit doors;

(D) Smoke alarms and fire extinguishers; and

(E) Wheel chair ramps, if applicable.

(l) A diagram of the house and property showing safety devices for fire places, wood stoves, water features, outside structures, and fencing.

(6) Falsification or omission of any of the information for certification may be grounds for denial or revocation of the certificate.

(7) Applicants must be at least 21 years of age. Applicants who are "Indian" as defined in the ICWA may be 18 years of age or older if an Indian child to be placed is in the legal custody of ODHS-CW.

(8) Applicants, foster providers, alternate caregivers, employees of foster providers, volunteers, other occupants in the child foster home who are 18 years of age or older, other adults having regular contact in the child foster home with a child in foster care, and any subject individual as defined in OAR 407-007-0210, must consent to a background check by the Department in accordance with OAR 407-007-0200 through 407-007-0370 and under ORS 181A.195. The Department may require a background check on a member of the household less than 18 years of age if there is reason to believe that a member of the household may pose a risk to a child placed in the home. All people subject to a background check are required to complete an Oregon background check and a national background check as described in OAR 407-007-0200 through 407-007-0370, including the use of fingerprint cards.

(a) Alternate caregivers, employees of foster providers, and volunteers may be approved to work in multiple homes within a county only when working in the same employment role at each home. The indication of worksite location must be included in the background check request for each alternate caregiver, employee of the foster provider, or volunteer who intends to work at various child foster homes within the licensing jurisdiction of the county.

(b) Effective July 28, 2009, public funds may not be used to support, in whole or in part, a person described in section (8) of this rule in any capacity who has been convicted of any of the disqualifying crimes listed in ORS 443.004.

(c) A person does not meet qualifications as described in this rule if the person has been convicted of any of the disqualifying crimes listed in ORS 443.004.

(d) Sections (8)(b) and (c) of this rule do not apply to employees hired prior to July 28, 2009 that remain in the current position for which the employee was hired.

(e) Any person as described in section (8) of this rule must self-report any potentially disqualifying crimes in OAR 407-007-0281 and potentially disqualifying conditions in OAR 407-007-0290. The person must notify the Department or the designee of the Department within 24 hours.

(9) The Department may not issue or renew a certificate if an applicant or member of the household meets any of the following:

(a) After completing the background check, a fitness determination of "denied".

(b) Been convicted of a felony in Oregon or any jurisdiction that involves:

(A) Child abuse;

(B) Spousal abuse;

(C) Criminal activity against a child, including child pornography; or

(D) Rape, sexual assault, or homicide.

(c) Within the past five years from the date the background check was signed, been convicted of a felony in Oregon or any jurisdiction that involves:

(A) Physical assault or battery (other than against a spouse or child); or

(B) Any drug-related offense.

(d) Determined by the Department to be responsible for abuse as defined in OAR 411-317-0000.

(e) Within the past five years from the date the child foster home application was signed, been found to have abused a child or adult in the United States as defined by that jurisdiction or any other jurisdiction.

(10) An applicant or foster provider may request to withdraw an application any time during the certification process by notifying the certifying agency in writing. Written documentation by the certifying agency of oral notice may substitute for written notification.

(11) The Department may suspend or revoke a certificate or may not issue or renew a certificate for at least five years, if an applicant or foster provider is found to have a license or certificate to provide care to children or adults suspended, revoked, or not renewed by other than voluntary request.

(12) The Department may not issue or renew a certificate based on an evaluation of any negative references, school reports, statement of a physician, or previous licensing or certification reports from other agencies or states.

(13) A Department employee may be a foster provider, or an employee of an agency that contracts with the Department as a foster provider, if their position with the Department does not influence referral, regulation, or funding of such activities. Prior to engaging in such activity, the employee must obtain written approval from the Director of the Department. The written approval must be on file with the Director of the Department and in the certification file maintained by the Department.

(14) An application is incomplete and void unless all supporting materials are submitted to the Department within 90 calendar days from the date of the application.

(15) An application may not be considered complete until all required information is received and verified by the Department. A decision to approve or deny certification is made by the Department within 60 calendar days from the receipt of the completed application.

(16) Compliance with these rules is determined by the Department based on receipt of the completed application material, an investigation of information submitted, an inspection of the home, a completed home study, and a personal interview with the foster provider. A certificate issued on or after February 1, 2010 is valid for a maximum of two years unless revoked or suspended.

(17) A child foster home certificate is not transferable or applicable to any location or people other than those specified on the certificate.

(18) A foster provider who cares for a child funded by the Department must enter into a Child Foster Home Contract with the Department and follow the Department rules governing reimbursement for services and refunds.

(19) A foster provider may not be the parent, guardian, or relative of any child placed in their home for foster care services funded by the Department.

(20) If an applicant or foster provider intends to provide care for a child with significant medical needs, the applicant or foster provider must have the following:

(a) An equivalent of one year of full-time experience in providing direct care to individuals;

(b) Health care professional qualifications, such as a registered nurse (RN) or licensed practical nurse (LPN), or the equivalent of two additional years full-time experience providing care and support to an individual who has a medical condition that is serious and may be life-threatening;

(c) Copies of all current health-related licenses or certificates and provide those documents to the certifying agency;

(d) Current certification in First Aid and Cardiopulmonary Resuscitation (CPR). The CPR training must be done by a recognized training agency and the CPR certificate must be appropriate to the age of the child with significant medical needs;

(e) Current satisfactory references from at least two health care providers, such as a physician and registered nurse, who have direct knowledge of the ability of the applicant or foster provider and their past experiences as a caregiver. The health care providers' references may serve as two of the four references in section (5)(d) of this rule; and

(f) Positive written recommendation from the Medically Fragile Children's Unit (MFCU) of the Department if the foster provider or applicant has provided services through the MFCU or if the foster provider or applicant has a child in the family home or child foster home that has historically received services through the MFCU.

(21) A foster provider may not accept a child with significant medical needs unless an initial Nursing Service Plan for the child is in place at the time of placement that addresses the health and safety supports for the child.

Or. Admin. Code § 411-346-0150

MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01; Renumbered from 309-046-0150, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD 28-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 4-2018, temporary amend filed 02/20/2018, effective 02/20/2018 through 08/18/2018; APD 33-2018, temporary amend filed 08/23/2018, effective 08/23/2018 through 02/15/2019; APD 12-2019, amend filed 02/14/2019, effective 2/15/2019; APD 40-2019, amend filed 10/29/2019, effective 11/1/2019; APD 39-2022, minor correction filed 07/22/2022, effective 7/22/2022; APD 24-2024, amend filed 05/31/2024, effective 6/1/2024

Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835

Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836