Or. Admin. Code § 413-205-0040

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

Section 413-205-0040 - Standards for the Certified Respite Provider's Home Environment

The respite applicant or Certified Respite Provider must allow Department staff access to each room in the primary residence and each surrounding building and structure on the property, unless the building or residence is a self-contained, separate-entry residence rented to or owned by another individual. In addition, the respite applicant or Certified Respite Provider must ensure the home and surrounding environment comply with all of the following requirements:

(1) General Conditions:

(a) The home must be the primary residence of the respite applicant or Certified Respite Provider.

(b) The home must have adequate space, including space for safe and appropriate sleeping arrangements, for each child or young adult receiving certified respite care in the home.

(A)Department staff must consider the age, gender, gender expression, and gender identity, culture, special needs, behavior, and history of abuse of the 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, when determining appropriate sleeping arrangements.

(B) Each 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 must have access to their own bed and may not share a bed with an unrelated person.

(C) Sharing the same sleep surface with a child under the age of 12 months is prohibited.

(D) A child under the age of 12 months must be placed on their back for sleep.

(E) Use of crib bumpers, pillows or other soft materials in the sleeping area of a child under the age of 12 months is prohibited.

(c) To respect the privacy 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, the home may not use electronic monitoring. Electronic monitoring means the use of video monitoring or listening devices to monitor or record the behavior of a child or young adult. Electronic monitoring does not include any of the following:

(A) Door monitors;

(B) Window alarms;

(C) Motion detectors;

(D) Security systems being used for general home security;

(E) Audio or video baby monitors used to monitor a child receiving care by the Department five years of age and under; or

(F) Monitors recommended by medical or mental health providers for medical purposes or for understanding emotional or behavioral health. Monitors must be approved by the Department.

(d) The respite applicant or Certified Respite Provider must have access to a working telephone to make and receive phone calls. The child or young adult must have access to a phone and have the ability to call their CASA, attorney, caseworker, certified resource parent, or parent or other caregiver if the child or young adult is being served in their home at any time.

(e) The respite applicant or Certified Respite Provider must consider the age, special needs, and capabilities of the 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, and have necessary safeguards to assure that:

(A) Swimming pools, wading pools, ponds, hot tubs and play equipment are maintained to assure safety, kept in working condition, equipped with sufficient safety barriers or devices to prevent injury, and used by a child or young adult in certified respite care with appropriate supervision for the age and development of the child or young adult;

(B) Outdoor tools and equipment, machinery, chemicals, flammables, and combustibles are stored in a safe manner;

(C) Animals are properly cared for and kept in compliance with local ordinances;

(D) Access 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 receiving care in the home to potentially dangerous animals is restricted; and

(E) Potentially dangerous hunting and sporting equipment are stored in a safe and secure manner inaccessible to 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 receiving care in the home.

(2) Firearms:

(a) Firearms must be secured, stored, transferred, and maintained in accordance with state law, including but not limited to ORS 166.392 to 166.403.

(b) ORS 166.395 generally requires a firearm in a home with a child to be secured with a trigger or cable lock, or in a locked container, or in a gun room whenever the firearm is not carried by or under the control of the owner or possessor of the firearm or an authorized person, unless the owner of the firearm is a police officer, storage of the firearm is a covered by a policy of the law enforcement agency employing the police officer, and the firearm is stored in compliance with the policy.

(3) Sanitation and Health:

(a) The home must have the necessary equipment for the safe preparation, storage, serving, and clean-up of food;

(b) The home must have a safe, properly maintained, and operational heating system. Space heaters must be plugged directly into a wall outlet and must be equipped with tip-over protection;

(c) The home and furnishings must be clean and in good repair, and the grounds must be maintained;

(d) There must be no unsafe accumulation of garbage or debris;

(e) The home must have safe and adequate drinking water, and an adequate source of safe water to be used for personal hygiene; and

(f) The home must have an operating bathroom;

(g) The Certified Respite Provider must provide age, cultural, and health appropriate hygiene products to the child or young adult receiving care in the home by the Department;

(h) There must be provision for the safe storage and administration of all medications in the household, taking into consideration the age, developmental level, and needs of the 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 receiving care in the home;

(i) There must be easily accessible first aid supplies in the home, and a reasonable understanding of how to use such supplies;

(j) Smoking and other substances:

(A) 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 receiving certified respite care in the home may not be exposed to any type of second-hand smoke in the provider's home or vehicle; and

(B) A Certified Respite Provider or other member of the household may not provide 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 receiving care in the home any form of the following: alcohol, tobacco, nicotine, marijuana, or any illegal substance.

(C) All products referenced in paragraph (B) of this subsection must be stored in a safe and secure manner inaccessible to 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 receiving care in the home.

(4) Fire and Carbon Monoxide Safety

(a) The home must have all of the following:

(A) Prior to the respite applicant being certified, all of the following must be present in the home:

(i) A working smoke alarm in each bedroom where 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 receiving care in the home sleeps.

(ii) At least one working smoke alarm on each floor of the home.

(iii) A working carbon monoxide detector within 15 feet of each bedroom where 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 receiving care in the home sleeps.

(iv) At least one working carbon monoxide detector on each floor.

(v) At least one operable fire extinguisher rated 2-A:10-B-C or higher.

(B) At least one means of emergency exit and at least one additional means of rescue from the home.

(C) Adequate safeguards around operating fireplaces, wood stoves, or other heating systems that may cause burns to 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 receiving care in the home who is developmentally unable to reasonably follow safety rules regarding such devices.

(D) A written, comprehensive home evacuation plan which includes a provision for the safe exit of a child or young adult.

(E) Operable, quick-release mechanisms on barred windows. If a home does not have operable quick-release mechanisms on all barred windows, the home evacuation plan required in paragraph (D) of this subsection must be approved by the Department.

(F) Interior doors that lock must be operable from both sides of the door.

(b) Each bedroom used by 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 receiving care in the home must have:

(A) At least one unrestricted exit;

(B) At least one secondary means of exit or rescue;

(C) Smoke alarms required under paragraph (a)(A) of this section; and

(D) Unrestricted, direct access at all times to hallways, corridors, living rooms, or other such common areas.

(5) Travel and Transportation Safety:

(a) The respite applicant or Certified Respite Provider must have available, and be willing to use, a safe and reliable method of transportation.

(b) The respite applicant, Certified Respite Provider, or other members of the household must provide proof of a valid driver license and current insurance when operating a motor vehicle with 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 as a passenger.

(c) The respite applicant or Certified Respite Provider must assure that, as required by current state law:

(A) Only a licensed and insured driver transports 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 receiving care in the home in motorized vehicles; and

(B) A child or young adult uses a seat belt or age and size appropriate safety seat when transported in motorized vehicles. An instrument of physical restraint other than a seat belt or age and size appropriate safety seat may not be used during the transportation 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 receiving care in the home.

Or. Admin. Code § 413-205-0040

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; CWP 75-2023, minor correction filed 07/10/2023, effective 7/10/2023

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.010 & ORS 418.640