Or. Admin. Code § 413-205-0025

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

Section 413-205-0025 - Responsibilities Regarding Denial or Revocation of a Respite Certificate of Approval

(1) The Department may deny an application or revoke a Respite Certificate of Approval if:

(a) The respite applicant or Certified Respite Provider fails to provide requested information within 90 days of a written request from the Department;

(b) When the respite applicant, Certified Respite Provider, or other adult member of the household has been identified as the perpetrator, alleged perpetrator, or respondent of abuse in a child protective services assessment founded disposition, unable to determine disposition, substantiated, inconclusive or a similar disposition from another agency or state as described in 413-205-0015(1)(i).

(c) If during the five years prior to the date an application is received by the Department, the respite applicant or Certified Respite Provider has had a previous application for certification denied or a prior certificate revoked from any state, department, or agency.

(d) The respite applicant or Certified Respite Provider does not meet or no longer meets one or more of the Certified Respite Provider qualifications;

(e) The Department has determined that the respite applicant or the Certified Respite Provider does not meet or cannot continue to provide for the safety, health or well-being needs of a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department;

(f) The Department discovers a respite applicant or Certified Respite Provider has falsified information by act of commission or omission;

(g) The respite applicant or Certified Respite Provider fails to provide information to the Department or fails to inform the Department of any disqualifying condition, including a disqualifying condition that arises after the certification has been issued;

(h) The respite applicant or Certified Respite Provider is found to have interfered or hindered an investigation of abuse of a child or young adult, including but not limited to the intimidation of witnesses, falsification of records, or denial or limitation of interviews with the child or young adult who is the subject of the investigation or with witnesses;

(i) The respite applicant or Certified Respite Provider interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child or young adult in the home of the Certified Respite Provider, violations of respite certification requirements, criminal activity in the home of the Certified Respite Provider, violations of state or federal laws or any practice that threatens the health and safety of a child or young adult receiving care in the home of the Certified Respite Provider to any of the following:

(A) Oregon Department of Human Services;

(B) A law enforcement agency; or

(C) A family member, guardian or other person who is acting on behalf of the child or young adult.

(j) A member of the household is found to have a disqualifying conviction under OAR 413-120-0450(3) or (4) or an authorized designee makes a negative fitness determination.

(2) The Department must take action to revoke a Respite Certificate of Approval when the disposition of a child protective services assessment or a similar disposition from another Department division, agency or state is founded or substantiated, the Department must take action to revoke the Respite Certificate of Approval unless the Certified Respite Provider voluntarily terminates their Respite Certificate of Approval.

(3) If the Department decides to deny an application for a Respite Certificate of Approval, deny renewal of a Respite Certificate of Approval, or revoke a Respite Certificate of Approval, the Department must provide a respite applicant or Certified Respite Provider a written notice of intent to deny the application or revoke the certificate, which must state the reasons for the action and comply with OAR 413-010-0510.

(4) When the Department has issued a written notice to revoke a Respite Certificate of Approval before the stated expiration date on the certificate, the certificate must not expire until there is a final order on the notice to revoke the certificate.

Or. Admin. Code § 413-205-0025

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

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.010 & ORS 418.640