OAR 413-200-0296: Responsibilities Regarding Denial or Revocation of a Certification

(1) The Department may deny an application for certification if: (a) Any of the reasons in OAR 413-200-0272 (3) exist; (b) The applicant fails to provide requested information within 90 days of a written request from the Department; or (c) When an 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 413-200-0274(1)(l) and 413-200-0275(2)(m). (2) The Department may deny an application or revoke a Temporary Certificate of Approval, Child-Specific Non-Relative Certificate of Approval, or Certificate of Approval when: (a) The applicant or resource parent does not meet or no longer meets one or more of the certification standards in OAR 413-200-0301 to 413-200-0396 ; (b) The Department has determined that the applicant or the resource parent does not meet or cannot continue to provide for the safety, health or well-being needs of a child in the care or custody of the Department; (c) The Department discovers an applicant or resource parent has falsified information by act of commission or omission; (d) An applicant or resource parent 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; (e) An applicant or resource parent is found to have interfered or hindered an investigation of abuse of a child, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child who is the subject of the investigation or with witnesses; (f) A resource parent interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child placed in the home of the resource parent , violations of certification requirements, criminal activity in the resource parent ’s home, violations of state or federal laws or any practice that threatens the health and safety of a child placed in the home of the resource parent to: (A) Oregon Department of Human Services; (B) A law enforcement agency; (C) A family member, guardian or other person who is acting on behalf of the child. (g) An adult member of the household or a person who frequents the home is found to have a disqualifying conviction under OAR 413-208-0015(3) or (4) or an authorized designee makes a negative fitness determination; (h) The resource parent fails to follow through with a placement support plan developed under OAR 413-200-0285 ; or (i) The Department determines a child has been removed because the resource parent cannot provide for the safety, health, or well-being needs of the child and violated one or more rules under OAR 413-200-0301 to 413-200-0396. (3) The Department must take action to revoke a certification when, at the conclusion of a child protective services assessment, the Department determines there is an impending danger safety threat in the resource parent's home, unless: (a) The resource parent provides a request to voluntarily terminate the certificate ; and (b) The Department agrees to accept the voluntary termination of the certificate. (4) If the Department decides to deny an application for a certificate, renewal of a certificate, or a Change of Status, or decides to revoke a certificate, the Department must provide an applicant or resource parent 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 . (5) When the Department has issued a written notice to revoke a certificate 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. (6) The Department must remove from the home any child in the care or custody of the Department upon making the decision to revoke the resource parent's certification and place the resource parent on Inactive Referral Status. (7) The Department may deny an application for a certificate if, during the five years prior to the date an application is received by the Department, the applicant has had a previous application for certification denied or a prior certificate revoked, from any state, department or agency.