OAR 413-205-0015: Department Responsibilities to Certify a Certified Respite Provider Applicant

To complete an assessment of an applicant and issue a respite certificate of approval the certifier must complete all of the following: (1) Review the completed application; (2) Have face-to-face contact with each respite applicant and each member of the household; (3) Explain to the respite applicant the process and requirements for a Respite Certificate of Approval; (4) Discuss with the respite applicant the role and responsibilities of the Department; (5) Discuss the respite applicant's motivation for and interest in caring for a child in the role as a Certified Respite Provider; (6) Assure the respite applicant possesses a valid driver license and auto insurance if the respite applicant will operate a motor vehicle with any child being served in their home through an open child welfare case or a child in the care or custody of the Department; (7) Evaluate with the applicant, the children appropriate for respite in the home and respite care capacity. (8) When appropriate, obtain approval from the Child Welfare Program Manager or designee on a form approved by the Department under any of the following circumstances: (a) An applicant or other member of the household provides child care in the home or is foster care provider licensed by another child-caring agency. (b) An applicant or other member of the household provides foster care or day care to adults in the home. (c) The applicant applies to be approved as a certified respite provider through a Department office other than the office in the county in which the family resides. (d) An applicant is married, in a domestic partnership, or cohabitating but the applicant’s spouse or partner is not also an applicant and OAR 413-205-0030(3)(b) applies. (9) 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 (10) Gather information through interviews, and observations in which the Department staff gathers personal information about the applicant and each other member of the household. Analyze information as it relates to each applicant's personal qualifications 413 -205-0035 and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child. (11) Assure completion of a criminal records check through the Law Enforcement Database System (LEDS) and a fingerprint-based criminal records check of national crime information databases by the Federal Bureau of Investigation (FBI) on each respite applicant and all other adult members of the household; (12) Assess the fitness of each certified respite applicant and each other member of the household pursuant to OAR 413-208-0000 and 413-208-0035; (a) If appropriate, obtain approval pursuant to OAR 413-208-0005 and 413-208-0035 to continue with certification assessment of the certified respite applicant despite the criminal offender history of each applicant and each other member of the household; or (b) If a certified respite applicant or other member of the household has a disqualifying conviction under OAR 413-208-0015 (4) or (5) or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed under OAR 413-205-0025(2) and OAR 413-208-0030, and issue a proposed and final order denying certification, unless the application is withdrawn by the applicant. (c) Document the information considered and the decision on a form approved by the Department. (13) Assure completion of a child abuse history background check for each respite applicant and each other adult member of the household, as follows: (a) If an 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, obtain 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) If an applicant or other adult member of the household has lived outside of the United States in the previous five years, request a child abuse history background check from each country where the individual lived within the five years preceding the date on the application for certification from the Department; (c) Assess any safety concerns regarding each respite applicant and each other member of the household raised by information learned from the child abuse history background check in Oregon and if applicable, another state or country; and (d) When a respite applicant or other member of the household, has been identified as the perpetrator, alleged perpetrator, or the respondent of abuse in a child protective services assessment founded disposition, substantiated disposition, unable to determine disposition, or inconclusive disposition 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: (A) If the decision is to seek approval, the Child Welfare Program Manager must consider the information and safety concerns and may approve or deny continuing the assessment of the Certified Respite applicant. (B) If the decision 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 413-205-0025. (C) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department. (14) Verify completion of the required Certified Respite Provider training; (15) Gather information from a minimum of two personal references for the respite applicant, no more than one of which may be provided by the respite applicant's relatives; and (16 ) Document the completion of the activities, on a form approved by the Department. (17) If the certifier has completed all of the activities of this rule and the supervisor has approved the approval narrative, the Department may in the case of an applicant seeking certification, either: (a) Issue a Respite Certificate of Approval for a two-year period, or (b) Issue a Notice of Intent to deny Respite certification, unless the application is withdrawn by the applicant. (18) The Department must asses a respite applicant and determine whether to approve that application or deny the application within 180 days of Department receipt of a completed application unless the application is withdrawn by the applicant.