OAR 416-530-0090: Denial, Suspension, and Revocation of Adjudicated Youth Foster Home Certification or Re-Certification; Inactive Referral Status

(1) Denial. (a) OYA may deny an application for an adjudicated youth foster home certification or re-certification if an applicant or foster parent fails to meet any of the criteria set forth in these rules, or does any of the following: (A) Falsifies an application, either knowingly or inadvertently, by providing inaccurate information or by omitting information; (B) Fails to provide information requested by OYA within the time frame set by OYA; or (C) Fails to inform OYA of conditions that could disqualify the foster parent or the foster home from certification. (b) If OYA proposes to deny an application for a foster home certification or re-certification, OYA must provide the applicant or foster parent with a written Notice of Proposed Denial of Adjudicated Youth Foster Home Certification or Re-certification and a proposed Order Denying Certification or Recertification, mailed to the applicant or foster parent by certified or registered mail, or personally served upon the applicant or foster parent, and stating the reason(s) for the proposed denial. (c) An applicant or foster parent has 60 days from the date of service of the Notice of Proposed Denial of Adjudicated Youth Foster Home Certification or Re-certification to request a hearing. The request for hearing must be received by OYA within the 60-day period. (d) An applicant or foster parent who has been denied certification or re-certification may not re-apply for or hold a foster home certification for a period of five years from the effective date of the Final Order Denying Adjudicated Youth Foster Home Certification or Re-certification. (2) Emergency Suspension. (a) OYA may suspend an adjudicated youth foster home certification without a prior hearing if OYA finds a serious danger to the public health or safety, including the health or safety of an adjudicated youth or the community. In the event of a suspension, adjudicated youth must be removed from the foster home and no further referrals will be made to the foster home unless and until the suspension is lifted. (b) A foster parent has 90 days from the date of service of the Notice of Suspension to request a hearing on the emergency suspension. The request for hearing must be received by OYA within the 90-day period. (c) The Notice of Suspension must be mailed by certified mail to the foster parent. (d) If within 10 days from the date of mailing of the Notice of Suspension the foster parent does not enter into a written agreement containing a corrective action plan with OYA, OYA must initiate proceedings to revoke the adjudicated youth foster home certification, as provided in section (3) of this rule. The 10-day period may be extended upon prior written approval of OYA. (e) If the suspension will exceed 180 days or the expiration date of the current certification, OYA must terminate the Adjudicated Youth Foster Home Agreement with the foster parent until such time as the suspension has been resolved as set out in this rule. The foster parent must be placed on inactive referral status and will not receive adjudicated youth referrals until the matter is resolved. (3) Revocation. (a) OYA may revoke an adjudicated youth foster home certification after considering any of the following: (A) The severity of any alleged violation of these rules; (B) The number of similar or related violations; (C) Whether the violations, including the alleged violation, were willful or intentional; (D) The prior history of violations; or (E) Any other mitigating or aggravating circumstance determined by OYA to be relevant to the alleged violation, or to the appropriate response to the alleged violation. (b) OYA may revoke an adjudicated youth foster home certification if a foster parent fails to meet any of the criteria set forth in OAR chapter 416, division 530, or does any of the following: (A) The foster parent falsified an application, either knowingly or inadvertently, by providing inaccurate information or by omitting information; (B) After certification, the foster parent fails to provide information requested by OYA in the timeframe set by OYA; (C) The foster parent fails to inform OYA of conditions that could disqualify the foster parent or the foster home from certification; or (D) The foster parent fails to comply with a corrective action plan within the time frame set by OYA and the foster parent remains in violation of any of these rules. (c) If OYA initiates revocation proceedings of an adjudicated youth foster home certification, OYA must provide a written Notice of Proposed Revocation of an Adjudicated Youth Foster Home Certification and proposed Order Revoking an Adjudicated Youth Foster Home Certification. The Notice of Proposed Revocation and proposed Order must be mailed, by certified or registered mail to the foster parent stating the reason(s) for revocation proceedings. (d) A foster parent has 10 days from the date of mailing of the Notice of Proposed Revocation of an Adjudicated Youth Foster Home Certification to request a hearing. The request for hearing must be received by OYA within the 10-day period. (e) A foster parent whose certificate has been revoked may not reapply for or hold a foster home certification for five years from the effective date of the Final Order Revoking an Adjudicated Youth Foster Home Certification, unless a lesser time or specific condition is stated in the Final Order. (4) Inactive Referral Status. (a) Inactive referral status, provider-initiated: A foster parent may ask to be placed on inactive referral status for up to 12 months. (A) In order for inactive referral status to be granted, there can be no unresolved matters relating to non-compliance with certification rules. (B) Prior to a return to active referral status, a foster parent must be in compliance with all certification rules, including training requirements. (b) Inactive referral status, OYA-initiated. (A) OYA may place a foster parent on inactive referral status due to changes in the foster parent's family or foster home including, but not limited to, death; divorce; a new member joining the household; significant disabling health condition; the arrest of a foster parent or member of the household; initiation of an Oregon Department of Human Services investigation, law enforcement investigation or criminal prosecution of a foster parent or member of the household; or other circumstances that OYA determines will put additional stress or pressure on the family or may pose a serious risk to the health, safety, or physical or emotional well-being of an adjudicated youth. Prior to placing a foster parent on inactive referral status, OYA may discuss the status change with the foster parent. OYA must notify the foster parent in writing of the change in referral status and the expected duration of that change. (B) OYA-initiated inactive status may last for up to 180 days, during which time no additional adjudicated youth will be placed in the home. OYA may continue the inactive status for more than 180 days under any of the following circumstances: (i) OYA and the foster parent do not enter into an agreement that addresses the issues that led to the change to inactive status; (ii) The foster parent is not in compliance with all certification rules, including training requirements; or (iii) An Oregon Department of Human Services investigation, law enforcement investigation or criminal proceeding involving a foster parent or member of the household has been initiated and has not concluded. (5) Contested case hearings. Pursuant to the provisions of ORS 183.341, OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective July 2019, as procedural rules for contested case hearings.