OAR 413-200-0260
Definitions


The following definitions apply to OAR chapter 413, division 200.
(1) “Adoptive resource” means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete.
(2) “Age-appropriate or developmentally appropriate activities” means:
(a) Activities or items that are generally accepted as suitable for children or young adults of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or young adult, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and
(b) In the case of a specific child or young adult, activities or items that are suitable for the child or young adult based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.
(3) “Applicant” means any individual who applies:
(a) To become or remain a certified resource family;
(b) To change certification type; or
(c) For approval through the Department as a potential adoptive resource.
(4) “Babysitting” means the provision of occasional temporary care for a child or young adult in the care or custody of the Department that:
(a) Is ten consecutive hours or less;
(b) Is not overnight care; and
(c) Does not meet the definition of child care or respite care.
(5) “Certificate of Approval” means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a child or young adult in the care or custody of the Department.
(6) “Certification supervisor” means an employee of the Department, designated as a supervisor, supervising staff responsible for certification, training, and monitoring homes certified by the Department.
(7) “Certified resource family” means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which the individual or individuals reside, to a child or young adult in the care or custody of the Department.
(8) “Certifier” means a Department employee who:
(a) Conducts assessments of applicants, members of the household, home and surroundings;
(b) Determines whether to recommend approval of a potential applicant as a resource parent, relative resource parent, or adoptive resource, or that a Temporary Certificate of Approval, Certificate of Approval or Child-Specific Certificate of Approval be approved or renewed; and
(c) Monitors the compliance and ongoing assessment of a certified resource family, home and surroundings with OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings).
(9) “Chemical Restraint” means the administration of medication for the management of uncontrolled behavior. “Chemical restraint” does not include the use of medication for treatment of symptoms of severe emotional disturbances or disorders.
(10) “Child” means a person who:
(a) Is under 18 years of age; or
(b) Is under 21 years of age and residing in or receiving care or services at a child- caring agency or proctor foster home.
(11) “Child care” means the supervision of a child in the care or custody of the Department by a licensed, approved, or listed provider required due to the employment or educational program of the certified resource family.
(12) “Child Care Facility” means each of the following:
(a) A Registered Family Child Care Home, which is the residence of a provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters.
(b) A Certified Family Child Care Home, which is a child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 16 children at any one time.
(c) A Certified Child Care Center, which is certified to care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a building constructed as other than a single-family dwelling.
(d) A Listed Facility, which is a child care provider who has been approved by the Department Self-Sufficiency Program for child care on behalf of clients of the Department.
(13) “Child protective services assessment” (CPS assessment) means an investigation into a report of abuse pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) or ORS 418.257 (Definitions for ORS 418.257 to 418.259) that includes activities and interventions to identify and analyze safety threats, determine if there is reasonable cause to believe abuse occurred, and assure safety through protective action plans, initial safety plans, or ongoing safety planning.
(14) “Child protective services worker” (CPS worker) means an employee of the Department who has completed the mandatory Department training for child protective service workers.
(15) “Child-Specific Certificate of Approval” means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a specific child or young adult in the care or custody of the Department and for whom the Department determines a placement is needed.
(16) “Cohabitating” means the act of two adults, unmarried to each other, living together in an intimate relationship as if married.
(17) “Criminal records check” means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:
(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information obtained from other sources.
(b) A fingerprint based national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI). The national criminal records check may also include a review of other criminal records information.
(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information sources located in, or regarding, a state or jurisdiction outside Oregon.
(18) “Denial” means the refusal of the Department to approve an application for certification and issue or renew a certification.
(19) "Department" means the Oregon Department of Human Services.
(20) “Designee” means a person whom the designator directly and immediately supervises, or a person with equal or greater management responsibility than the designator.
(21) “Discipline” means a training process a family uses to help a child or young adult develop the self-control and self-direction necessary to assume responsibilities, make daily living decisions, and learn to conform to accepted levels of social behavior.
(22) “Disqualifying condition” means any information or circumstance related to a person or to the home that does not meet one or more of the requirements in OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings).
(23) “Enhanced supervision” means the additional support, direction, observation, and guidance necessary to promote and assure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment.
(24) “Foundations” means the series of required trainings, provided by the Department or a licensed child-caring agency to certified resource families and prospective and current applicants for foster care, adoption, and relative care.
(25) “Home study” means a document containing an analysis of the ability of the applicant to provide safe and appropriate care of a child or young adult.
(26) “Impending danger safety threat” means a family behavior, condition, or circumstance that meets all five safety threshold criteria. When it is occurring, this type of threat is not immediate, obvious, or occurring at the onset of the CPS intervention. This threat is identified and understood more fully by evaluating and understanding individual and family functioning.
(27) “Inactive Referral Status” means a period of time, not to exceed 12 months, during which neither the Department nor any other agency may place an additional child or young adult with a certified resource family.
(28) “Member of the household” means any adult, young adult or child living in the home, including the applicant, resource parent or relative resource parent.
(29) “Orientation” means the initial training provided by the Department to certified resource families and prospective and current applicants for foster care, adoption, and relative care providing information about the certification and home study process, an overview of the Oregon child welfare system, and expectations of Oregon certified families.
(30) “Personal care services plan” means a written plan to provide personal care services for the child or young adult documenting:
(a) The determination that the individual is a qualified provider;
(b) The frequency or intensity of each personal care service to be provided; and
(c) The date personal care services begin.
(31) “Physical restraint” means the act of restricting the voluntary movement of a child or young adult as an emergency measure in order to manage and protect the child, young adult, or others from injury when no alternate actions are sufficient to manage the behavior of the child or young adult. "Physical restraint" does not include temporarily holding a child or young adult to assist them or assure their safety, such as preventing a child from running onto a busy street.
(32) “Placement support plan” means a documented set of actions or resources that is developed to assist a certified resource family to maintain conditions that provide safety and well-being for a child or young adult.
(33) “Present danger safety threat” means an immediate, significant, and clearly observable family behavior, condition, or circumstance occurring in the present tense, already endangering or threatening to endanger a child. The family behavior, condition, or circumstance is happening now, and it is currently in the process of actively placing a child in peril.
(34) “Psychotropic medication” means medication, the prescribed intent of which is to affect or alter thought processes, mood, or behavior, including but not limited to antipsychotic, antidepressant, and anxiolytic medication and behavior medications. The classification of a medication depends upon its stated intended effect when prescribed because it may have many different effects.
(35) “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.
(36) “Relative Resource Parent” means a person defined as a “relative” under OAR 413-070-0000 (Definitions) who operates a home that has been approved by the Department to provide care for a related child or young adult placed in the home by the Department.
(37) “Resource parent” means a person who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.
(38) “Respite care” means a formal planned arrangement to relieve a certified resource family’s responsibilities by a person temporarily assuming responsibility for the care and supervision of a child or young adult, in the home of the person or certified resource family.
(39) “Revocation” means an administrative act by the Department that rescinds an existing Certificate of Approval, Child-Specific Certificate of Approval, or Temporary Certificate of Approval.
(40) “Screener” means a Department employee with training required to provide screening services.
(41) “Surrogate” means an individual who has been appointed to safeguard a child’s rights in the special education decision-making process. The individual may be appointed pursuant to applicable Department of Education administrative rules and statutes or by the juvenile court.
(42) “Temporary Certificate of Approval” means a document the Department issues to a certified resource family to approve the operation of a home to provide care for a specific child or young adult in the care and custody of the Department. The "Temporary Certificate of Approval" is valid for up to 180 days unless an extension is granted under OAR 413-200-0276 (Assessment to Move from a Temporary Certificate of Approval to a Certificate of Approval or Child-Specific Certificate of Approval)(3).
(43) “Young adult” means a person aged 18 through 20 years.
413–200–0260
Definitions
413–200–0270
Purpose
413–200–0272
Responsibilities for Assessment and Certification
413–200–0274
Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval
413–200–0275
Assessment for Issuance of a Temporary Certificate of Approval
413–200–0276
Assessment to Move from a Temporary Certificate of Approval to a Certificate of Approval or Child-Specific Certificate of Approval
413–200–0278
Responsibility to Determine the Maximum Number of Children or Young Adults in a Certified Resource Family Home
413–200–0281
Respite Care Providers, Child Care, and Babysitters
413–200–0283
Responsibilities to Monitor Certification Compliance
413–200–0285
Responsibilities When Developing a Placement Support Plan
413–200–0287
Assessment for Renewal of Certification
413–200–0289
Responsibilities Regarding Withdrawal of an Application, Termination of a Certification
413–200–0292
Responsibilities Regarding a Previously Certified Resource Family and When a Certified Resource Family Moves
413–200–0294
Responsibilities Regarding Inactive Referral Status
413–200–0296
Responsibilities Regarding Denial or Revocation of a Certification
413–200–0298
Confidentiality of Applicant or Certified Resource Family Information
413–200–0301
Purpose and Applicability of Certification Standards
413–200–0305
Authorization
413–200–0306
Eligibility for Certified Resource Families and Adoptive Resources
413–200–0308
Personal Qualifications of Applicants and Certified Resource Families
413–200–0314
Initial Application Process to Become a Certified Resource Family or Adoptive Resource
413–200–0335
Standards Regarding the Home Environment
413–200–0348
Requirements Regarding the Number of Children and Young Adults in the Home
413–200–0352
Requirements for the Care of Children and Young Adults
413–200–0354
Requirements Regarding the Education of a Child or Young Adult
413–200–0356
Requirements Regarding Extracurricular, Enrichment, Cultural, and Social Activities
413–200–0358
Requirements Regarding the Discipline of a Child or Young Adult
413–200–0362
Requirements Regarding the Medical, Dental, and Mental Health Care of a Child or Young Adult
413–200–0371
Responsibilities and Notification Requirements for Selection and Use of Respite Care Providers Child Care, and Babysitters
413–200–0377
Confidentiality
413–200–0379
Education and Training for Applicants and Certified Resouce Families
413–200–0383
Other Required Notifications
413–200–0386
Requirements Regarding Mandatory Reporting
413–200–0388
Requirements Regarding Visits in the Certified Resource Family’s Home
413–200–0390
Requirements Regarding Renewal of the Certificate of Approval
413–200–0393
Requirements Regarding Inactive Referral Status
413–200–0394
Requirements Regarding Termination of a Certificate of Approval
413–200–0396
Requirements Regarding Contested Case Hearings
Last Updated

Jun. 8, 2021

Rule 413-200-0260’s source at or​.us