OAR 413-203-0020: Temporary rule language in effect until 08/31/2026. Assessment for Issuance of a Relative Temporary Certificate of Approval

(1) To assess a relative applicant for a for a Relative Temporary Certificate of Approval, a certifier must: (a) Work with the relative as the relative completes the application and other Department required forms. (b) Have face-to-face contact with each relative applicant and each other member of the household. (c) Obtain approval of the supervisor to delay face-to-face contact with a relative applicant or other member of the household and document the approval on a form approved by the Department; and determine a date and time for the face-to-face contact within seven calendar days of the date the relative applicant or other member of the household becomes available. (d) Explain the process and requirements for certification of a relative resource parent. (e) Discuss with the relative applicant the role and responsibilities of the Department. (f) Ensure the relative applicant possesses a valid driver license and auto insurance if the relative applicant will operate a motor vehicle with any child in the care or custody of the Department inside the vehicle. (g) Discuss with the relative applicant what supports may be needed to meet the safety, health and well-being needs of the child. (h) When appropriate, obtain approval from the child welfare program manager or designee on a form approved by the Department for any of the following circumstances: (A) The home will exceed the maximum placement capacity as described in OAR 413-203-0030. (B) An applicant or other member of the household provides child care in the home or is a foster care provider licensed by another child-caring agency. (C) A relative applicant or other member of the household provides foster care or day care to adults in the home. (D) A relative applicant is married, in a domestic partnership, or cohabitating but the spouse or partner is not an applicant, unless the individual is in the military stationed out of state. (i) There are circumstances in which an individual will have limited responsibility for household management or care of a child in the care or custody of the Department placed in the home. (ii) There are circumstances in which the family dynamic is such that it is in the best interest of the child in the care or custody of the Department to allow one individual to be certified. (i) Complete a home visit: (A) Observe and assess the safety of the physical environment; (B) Walk through 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; (C) Complete a safety assessment of the home and surroundings using a form approved by the Department; (D) Provide the home with age-appropriate documents outlining the Oregon Foster Children’s Bill of Rights under ORS 418.201 and OAR 413-010-0180, Oregon Foster Children’s Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860, and inform the relative applicant of the requirement to have both documents posted in their home; and (E) Provide of copy of the Oregon Foster Parent Bill of Rights under ORS 418.648. (j) Gather and analyze information, through interview and observation, as it relates to each relative applicant's ability and willingness to meet the certification requirements, and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child in the care or custody of the Department. (k) Ensure completion of a criminal records check through LEDS on each relative applicant and each other adult member of the household, and initiate a fingerprint based criminal offender records check of national crime information as outlined in OAR 413-208-0010 to 413-208-0035. The Department may complete a criminal records check for any child living in the home not in the care or custody of the Department, when there is reason to believe they may pose a risk to a child in the care or custody of the Department. (A) Assess the fitness of each relative applicant and each other adult member of the household pursuant to OAR 413-208-0010 to 413-208-0035. (B) If appropriate, obtain approval pursuant to 413-208-0010 to 413-208-0035 to continue with the certification assessment of the relative applicant despite the criminal offender history of each relative applicant and each other adult member of the household; or (C) If a relative applicant or other adult member of the household has a disqualifying conviction under OAR 413-208-0010 to 413-208-0035 or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed to issue a proposed and final order denying certification, unless the application is withdrawn by the relative applicant. (D) Document the information considered and the decision on a form approved by the Department. (l) Ensure completion of a child abuse history background check in the state of Oregon for each relative applicant and each other adult member of the household. (A) If a relative applicant or other adult member of the household has lived outside the state of Oregon and within the United States in the previous five years, initiate a child abuse history background check from each state where the individual resided in the five years preceding the date on the application for certification from the Department; (B) Assess any safety concerns regarding each relative applicant and each other adult member of the household raised by information learned from the child abuse history background check in Oregon and if applicable, another state. (C) When a relative applicant or other member of the household has been identified as the perpetrator or alleged perpetrator, or respondent of abuse in a child protective services assessment in a founded disposition, substantiated disposition, unable to determine disposition, or inconclusive disposition for abuse to a child, or a similar disposition from another Department division, agency, or state, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager to continue with the certification assessment: (i) If the decision is to seek approval, the Child Welfare Program Manager must consider the information and the safety concerns and may approve or deny continuing the assessment; (ii) If the decision in subparagraph (C) of this paragraph is to deny continuing with the assessment, the Department may terminate the assessment process and, unless the application is withdrawn, proceed to deny the application under OAR 413-203-0040; (iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department. (2) The certifier must document the assessment of the requirements described in this rule on a form approved by the Department and submit the assessment to the certification supervisor for: (a) Approval of a Relative Temporary Certificate of Approval, (b) A determination that further assessment is required, or (c) A determination that the relative applicant does not meet the standards set forth in OAR 413-203-0000 to 413-203-0145 and further certification actions are required. (3) If (2)(b) or (2)(c) applies, and the child is requiring placement, Foster Care Program Manager or designee approval is required to not issue a Relative Temporary Certificate of Approval.