OAR 413-200-0275
Assessment for Issuance of a Temporary Certificate of Approval

(1) The Department may only use the assessment described in this rule for the purpose of issuing a Temporary Certificate of Approval.

(2) To complete an assessment of an applicant and issue a Temporary Certificate of Approval, the certifier must:

(a) Review the completed application.

(b) Have face-to-face contact with each applicant and each other member of the household. If an applicant or other member of the household is unavailable when conducting face-to-face contact for a Temporary Certificate, the certifier must:

(A) Obtain approval of the supervisor to delay face-to-face contact with an applicant or other member of the household, and document the approval on a form approved by the Department; and

(B) Determine a date and time for the face-to-face contact within seven calendar days of the date the applicant or other member of the household becomes available.

(c) Explain to the applicant the process and requirements for certification of a relative resource parent or resource parent.

(d) Discuss with the applicant the role and responsibilities of the Department.

(e) Assess the applicant’s motivation for and interest in caring for a child or young adult.

(f) Assure the applicant possesses a valid driver license and auto insurance if the applicant will transport a child or young adult in the care or custody of the Department.

(g) Evaluate with the applicant, the children and young adults appropriate for placement in the home and the placement capacity.

(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 413-200-0278 (Responsibility to Determine the Maximum Number of Children or Young Adults in a Certified Resource Family Home).

(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.

(D) The applicant applying to become a relative resource parent is 18, 19, or 20 years of age.

(E) An applicant is married, in a domestic partnership, or cohabitating but the spouse or partner is not an applicant.

(F) The applicant applies for a Child-Specific Certificate of Approval through a Department office other than the office in the county in which the family resides.

(i) Gather information from a minimum of two personal references for the applicant. If information from references are not able to be gathered prior to or on the day of issuance of the Temporary Certificate of Approval, then obtain within 24 hours.

(j) 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;

(D) Provide the home with age-appropriate documents outlining the Oregon Foster Children’s Bill of Rights under ORS 418.201 (Legislative intent) and OAR 413-010-0180 (Rights of Children and Young Adults in the Legal Custody of the Department) , Oregon Foster Children’s Sibling Bill of Rights under ORS 418.608 (Oregon Foster Children’s Sibling Bill of Rights) and OAR 413-070-0860 (Visit and Contact Plans) (3); and

(E) Provide of copy of the Oregon Foster Parent Bill of Rights under ORS 418.648 (Rights of foster parents).

(k) Gather and analyze information, through interview and observation, as it relates to each applicant’s personal qualifications and assess the conditions that appear to exist in the home that affect safety, health, and well-being for a child or young adult in the care or custody of the Department.

(L) Assure completion of a criminal records check through LEDS on each applicant and each other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, and initiate a fingerprint-based criminal offender records check of national crime information as outlined in OAR 413-120-0400 (Purpose) to 413-120-0475 (Record Keeping, Confidentiality). For any child not in the care or custody of the Department and living in the home, when there is reason to believe the child may pose a risk to a child or young adult in the care or custody of the Department placed in the home, the Department may complete a criminal records check as outlined in OAR 413-120-0400 (Purpose) to 413-120-0475 (Record Keeping, Confidentiality).

(A) Assess the fitness of each applicant and each other member of the household pursuant to OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions) and 413-120-0455 (Potentially Disqualifying Arrests);

(B)

If appropriate, obtain approval pursuant to OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions) and 413-120-0455 (Potentially Disqualifying Arrests) to continue with the certification assessment of the applicant despite the criminal offender history of each applicant and each other member of the household; or

(C) If an applicant or other member of the household has a disqualifying conviction under OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions)(3) or (4) or the authorized designee makes a negative fitness determination with respect to the individual, the Department must proceed under OAR 413-120-0460 (Contesting a Fitness Determination) and 413-200-0296 (Responsibilities Regarding Denial or Revocation of a Certification)(2) and issue a proposed and final order denying certification, unless the application is withdrawn by the applicant.

(D) Document the information considered and the decision on a form approved by the Department.

(m)

Assure completion of a child abuse history background check in the state of Oregon for each applicant and each other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home.

(A) If an applicant or other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, 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) If an applicant or other adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, has lived outside of the United States in the previous five years, initiate the request for 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 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;

(D) When an applicant or other member of the household, excluding a child or young adult in the care and custody of the Department, 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 young adult, 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 (i) 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 413-200-0296 (Responsibilities Regarding Denial or Revocation of a Certification);

(iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department.

(n) Obtain supervisor review and approval of the assessment of the qualifications and ability of the applicant to provide safety, health, and well-being for the specific child or young adult in the care or custody of the Department.

(o) Upon completion of the activities in section (2) of this rule, and based on the assessment:

(A) Document completion of the activities described above and the assessment of whether the applicant and the home meet the qualifications and standards required in OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings) and the ability of each applicant to provide safety, health, and well-being for the child or young adult in the care or custody of the Department on a form approved by the Department when the recommendation is to issue a Temporary Certificate of Approval;

(B) Issue a Notice of Intent to deny certification unless the application is withdrawn by the applicant; or

(C) Proceed to further assess as described in 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) If the Department issues a Temporary Certificate of Approval, it must comply with OAR 413-200-0276 (Assessment to Move from a Temporary Certificate of Approval to a Certificate of Approval or Child-Specific Certificate of Approval).

Source: Rule 413-200-0275 — Assessment for Issuance of a Temporary Certificate of Approval, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-200-0275.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 413-200-0275 Assessment for Issuance of a Temporary Certificate of Approval

(B)

(m)

OAR 413-200-0275
Assessment for Issuance of a Temporary Certificate of Approval