Or. Admin. Code § 419-400-0210

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

Section 419-400-0210 - Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program

(1) For purposes of this rule, "applicant" means a child-caring agency that is in the process of applying to the Department for an initial license or license renewal or to add a program to an existing license.

(2) Application required.

(a) A child-caring agency must submit a completed application in each of the following situations:

(A) To obtain an initial license.

(B) To renew a license.

(C) To add a program to an existing license.

(b) An applicant must apply for a license on forms provided by the Department.

(c) A licensee must submit a completed application for renewal prior to the expiration of the current license. If the Department receives an application for renewal before the license expires, the license remains effective until the Department issues a decision on the application.

(3) Documents to be submitted by a new applicant. The applicant must submit to the Department at the time of application all of the following documents:

(a) An application form that is complete and signed by the board chair and either the executive director or program director.

(b) A copy of the articles of incorporation, bylaws, amendments to the articles of incorporation and bylaws, and documents evidencing each name change or assumed business name. This requirement does not apply to an applicant that is operated by a county government.

(c) A completed "CCA Contact Information" form that includes the current board of directors, including names, term, and office held and contact information for the board of directors, management personnel, other regulatory authorities, and state or governmental agencies or units with whom the child-caring agency contracts to provide care or services to children.

(d) A complete personnel list with job titles.

(e) An organization chart with job titles and staff names.

(f) Documentation that a background check was completed as required in OAR 407-007-0200 to 407-007-0370 on the executive director and program director.

(g) A proposed annual budget adequate to finance the program. The budget must clearly indicate all sources of income and anticipated expenditures, as described in OAR 419-400-0050.

(h) A written program description, including admission requirements, population served, gender and ages served, types of programs and services offered, the cost to clients (if any), the geographical area to be served, and the projected staffing pattern. The program description must identify all exclusions that would make a child in care ineligible to be served by the child-caring agency.

(i) For new, expanding, or changing residential programs only, documentary proof of compliance with ORS 336.575, which requires notification of the superintendent or the district school board of possible effect of additional children in care and services, three months before children in care arrive at the agency's facility.

(j) Current copies of all written policies and procedures required by these rules and requested by the Department as part of application process.

(k) Floor plans for any proposed facility with enough detail to determine compliance with space requirements in these rules.

(l) Proof of adequate fire, auto, and liability insurance.

(m) Emergency procedures.

(n) Current inspection report of the Fire Marshal and current environmental health inspection reports, unless the application is for a license as an adoption agency or a foster care agency. For an outdoor youth program, these inspections reports are only required for each base camp component.

(o) For the previous 10 years, a copy of each report by a government authority concerning a criminal charge, charge or finding of abuse, malpractice complaint, or lawsuit against the child-caring agency, a member of the child-caring agency's board of directors, or one of its employees related to the provision of services, and the basis and disposition of each action, if applicable. Reports issued by the Department that have already been received by the licensing coordinator may be excluded.

(p) Other documents or information requested by the Department.

(4) Documents to be submitted to renew a license. A licensee must submit to the Department at the time of application for renewal all of the following documents 30 days prior to expiration of the license:

(a) An application renewal form that is complete and signed by the board chair and either the executive director or program director.

(b) Current "CCA Contact Information" form as described in subsection (3)(c) of this rule.

(c) A complete personnel list with job titles.

(d) An organization chart with job titles and staff names.

(e) Documentation that a background check was completed as required in OAR 407-007-0200 to 407-007-0370 on the executive director and program director.

(f) Proof of adequate fire, auto, and liability insurance.

(g) Current inspection report of the Fire Marshal and current environmental health inspection reports, unless the re-application is for a license as an adoption agency or a foster care agency. For an outdoor youth program, these inspection reports are only required for each base camp component.

(h) Audited financial statements as provided in this subsection:

(A) Except as provided in paragraph (B) of this subsection, a child-caring agency that has annual revenues in excess of $1 million must provide an audit completed by an independent certified public accountant for the most recent fiscal year.

(B) The requirement in paragraph (A) of this subsection does not apply to a child-caring agency that provides adoption placement services, but does not provide care to a child and does not receive public funds.

(i) A tax compliance certificate issued by the Oregon Department of Revenue.

(j) Current copies of all written policies and procedures required by these rules and requested by the Department as part of the renewal process.

(k) Other documents or information requested by the Department.

(5) Documents to be submitted to add a program to an existing license. A child-caring agency must submit documents required in subsections (a), (d), (e), (g), (h), (i), (j), (k), (L), (m), (n), and (p) of section (3) of this rule.

(6) Application fees.

(a) The Department requires no fee to be paid by an applicant for the inspection conducted to determine whether to grant, withhold, suspend, or revoke a license required by these rules.

(b) A child-caring agency may be required to pay for inspections done by other governmental agencies, such as county health departments and the State Fire Marshal, that are necessary to obtain a license from the Department.

(7) Processing the Application. Within 30 days of the receipt of an application and the documents described in section (3), (4), or (5) of this rule, the Department will begin its review to determine whether the applicant is or will be in compliance with applicable rules in OAR chapter 419, division 400 and whether denial is required or appropriate under OAR 419-400-0280. In connection with its evaluations, the Department may examine the records and files of the applicant, inspect and observe the physical premises, and interview children and families served by the program, the staff of the applicant, and persons in the community.

Or. Admin. Code § 419-400-0210

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0020; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17; CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019; Renumbered from 413-215-0081 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 14-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 409.050, ORS 418.005, Act of July 1, 2019, Ch. 19, 2019 OR. Laws 80, ORS 418.255 & ORS 418.240

Statutes/Other Implemented: Act of July 1, 2019, Ch. 19, 2019 OR. Laws 80 & ORS 418.205 - 418.327