Or. Admin. Code § 411-346-0180

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

Section 411-346-0180 - Professional Responsibilities of a Foster Provider

(1) TRAINING AND DEVELOPMENT. A foster provider must:

(a) Complete at least 15 hours of pre-service training prior to initial certification and 10 hours annually for certification renewal. The Department or certifying agency may require the foster provider to complete additional training based on the needs of a child receiving services in their child foster home.

(b) Participate in training provided or approved by the Department or certifying agency. Such training must include educational opportunities designed to enhance the awareness, understanding, and skills of the foster provider to support the needs of a child placed in their child foster home.

(c) Complete mandatory reporter training prior to initial certification and annually thereafter. Mandatory reporter training must be appropriate to the ages of the individuals living in the child foster home.

(2) RELATIONSHIP WITH THE CHILD PLACING AGENCY. A foster provider must:

(a) Take part in planning, preparation, pre-placement activities, and visitation for a child placed in their child foster home.

(b) Participate as a team member in developing and implementing a child's ISP when initiated by the child's CDDP services coordinator.

(c) In advance or within one business day, notify the certifying agency of changes likely to affect the life and circumstances of the foster provider's family or the safety in the child foster home including, but not limited to, any of the following:

(A) Foster family illness.

(B) Divorce, legal separation, or loss of a member of the household.

(C) Significant change in financial circumstances.

(D) New members of the household or placement of a child in foster care by another agency, including relief care.

(E) Arrests or criminal involvement.

(F) The addition of hunting equipment and weapons.

(G) The addition of a swimming pool.

(H) The addition of a pet.

(d) Sign and abide by the responsibilities described in a Child Foster Home Contract.

(e) Allow a certifying agency and child placing agency reasonable access to the child foster home and to a child placed in the care of the foster provider. Allow a child's family members reasonable access to the child foster home and the child when placement is voluntary. For the purpose of these rules, reasonable access means with advance notice unless there is cause for not giving such notice.

(f) Allow the Department, designee of the Department, or certifying agency access to:

(A) Investigate reports of abuse and violations of a regulation or provision of these rules;

(B) Inspect or examine the child foster home, the records and accounts of a child, and the physical premises including the buildings, grounds, equipment, and any vehicles; and

(C) Interview the child, adult, or alternate caregivers.

(g) Participate in interviews conducted by the Department or the certifying agency.

(h) Authorize alternate caregivers to permit entrance by the Department or the certifying agency for the purpose of inspection and investigation.

(3) CAPACITY.

(a) The capacity of a certified child foster home includes all children living in the home and may not exceed the following, except as described in subsection (c) of this section:

(A) A total of four children when one certified adult lives in the child foster home.

(B) A total of seven children when two certified adults live in the child foster home.

(b) The capacity of a child foster home is limited to two children less than three years of age.

(c) A foster provider certified prior to July 1, 2007 with a capacity greater than the numbers listed in subsection (a) of this section must meet the standard through attrition as children move out of the child foster home.

(d) At the time of a child's referral, a foster provider must be given available information about the child including, but not limited to, the child's strengths and what is important to the child, as well as behavior, skill level, medical status, and other relevant information. A foster provider is obligated to decline the referral of any child based on the referral information, parameters of the certification of the child foster home, or if the foster provider feels their skill level may not safely or effectively support the child.

(e) A foster provider may provide relief care in the child foster home for a child upon approval by the certifying agency or the Department.

(f) An individual who turns 18 years of age may continue to reside in their current child foster home until turning 26 years of age when the following conditions are met:

(A) The individual is participating in one of the following activities:

(i) The individual is working on completion of their Individualized Education Program;

(ii) The individual is enrolled part-time or full-time in a university, college, vocational school, or trade school;

(iii) The individual is participating in a job training or apprenticeship program; or

(iv) The individual is working on building skills to increase or maintain independence.

(B) The individual's ISP team supports the individual's continued placement in their current child foster home as documented in the individual's ISP.

(C) The certifier of the child foster home and the individual's services coordinator support the individual's continued placement in their current child foster home as indicated on form 6001A (ODDS Variance Supplement Safety Assessment - Provider Serving Children and Adults in the Same Home).

(D) A variance request is completed and submitted to the Department in accordance with OAR 411-346-0210. The variance request must include the completed 6001A form.

(E) The Department has approved the variance request.

(g) Any variance to subsections (a) through (f) of this section must take into consideration the maximum safe physical capacity of a child foster home including, but not limited to, the following:

(A) Sleeping arrangements.

(B) The ratio of adults to children.

(C) The level of available supervision.

(D) The foster provider's skill level.

(E) Individual plans for egress during fire.

(F) The needs of other children in the child foster home.

(G) The desirability of keeping siblings placed together.

(h) A foster provider may not care for unrelated adults on a commercial basis in the child foster home and the child foster home may not be used as a site type of shelter or day care without the written approval of the Department.

(4) RELATIONSHIP WITH A CHILD'S FAMILY. In accordance with a child's ISP and the child's guardian, a foster provider must:

(a) Support the child's relationship with their family members, including siblings;

(b) Assist the CDDP staff and the guardian in planning visits with the child and the child's family members; and

(c) Provide the child reasonable opportunities to communicate with the child's family members.

(5) CONFIDENTIALITY.

(a) A foster provider and the foster provider's family must treat personal information about a child or the child's family in a confidential manner. Confidential information is to be disclosed on a need to know basis to law enforcement, certifying agency staff, CDDP staff, ODHS-CW child protective services staff, ODHS-CW case workers, and licensed health care providers who are treating or providing services to the child. The information shared must be limited to the child's health, safety, and service needs.

(b) In addition to the requirements in subsection (a) of this section, a foster provider and the foster provider's family must comply with the provisions of ORS 192.553 through 192.568 and therefore may use or disclose a child's protected health information only:

(A) To law enforcement, certifying agency staff, CDDP staff, and ODHS-CW staff;

(B) As authorized by the child's personal representative or guardian appointed under ORS 125.305, 419B.372, 419C.481, or 419C.555;

(C) For purposes of obtaining health care treatment for the child;

(D) For purposes of obtaining payment for health care treatment; or

(E) As permitted or required by state or federal law or by order of a court.

(c) A foster provider must keep all written records for each child in a manner that ensures their confidentiality.

Or. Admin. Code § 411-346-0180

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 309-046-0180, 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 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 27-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; 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 29-2017, amend filed 11/30/2017, effective 12/01/2017; 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 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