OAR 413-200-0281
Respite Care Providers, Child Care, and Babysitters

(1) The certifier must undertake all of the following activities when applicable:

(a) Discuss with the certified resource family the plan for providing care to a child or young adult placed in the home when the certified resource family may be unavailable to provide care.

(b) For any prospective respite care provider or child care provider, assure completion of a criminal records check through LEDS as outlined in OAR 413-120-0400 (Purpose), unless the provider is a child care facility.

(c) Assure the fitness of each prospective respite care provider or child care provider having a conviction described in OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions) or an arrest described in OAR 413-120-0455 (Potentially Disqualifying Arrests) is determined by the appropriate authorized designee, in accordance with OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions), OAR 413-120-0455 (Potentially Disqualifying Arrests) and OAR 413-120-0457 (Weighing Test).

(d) Assure initiation of a fingerprint-based criminal offender records check of national crime information databases as outlined in OAR 413-120-0400 (Purpose) to 413-120-0475 (Record Keeping, Confidentiality) whenever:

(A) The criminal records check conducted under subsection (b) of this section indicates the prospective respite care or child care provider has a criminal history; or

(B) The prospective respite care or child care provider has lived in Oregon less than five years.

(e) Assure completion of a criminal records check as required by OAR 413-120-0440 (Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required), on each individual the certified resource family has identified as a prospective respite care or child care provider and if applicable:

(A) Follow the requirements in OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions) to 413-120-0475 (Record Keeping, Confidentiality); and

(B) Document the information considered and the results of any fitness determination on a form approved by the Department.

(f) For any prospective respite care provider or child care provider, conduct child abuse history background checks, unless the provider is a child care facility.

(g) Initiate out of state child abuse history background checks if the prospective respite care or child care provider has lived outside the state of Oregon in the previous five years.

(h) When a prospective respite provider or child care provider 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 division of the Department, agency or state, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager:

(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 determination of the respite care or child care provider;

(B) The decision, and the information assessed, must be documented on a form approved by the Department.

(i) When respite care or child care will be provided in the home of the respite care or child care provider, assure the activities described in subsections (b) through (g) of this section are complete for all adults living in the home of the respite care or child care provider. A respite care provider or child care provider may be conditionally approved by a Child Welfare Program Manager or designee prior to the results from the fingerprint-based criminal offender records check of national crime information databases. The approval must be documented on form approved by the Department.

(j) Analyze information gathered under subsections (a) to (h) of this section prior to determining the individual is safe and appropriate to provide respite care or child care and approving the individual to provide respite care or child care.

(k) Document the analysis required under subsection (i) of this section in the Department’s electronic information system.

(L) Notify the certified resource family of the determination of whether the individual is authorized to provide respite care or child care.

(m) Verify that any certified resource family identified to provide respite care or child care for another certified resource family has a current certification.

(n) The Department may disapprove a prospective respite care provider or child care provider even if the provider has a positive fitness determination.

(2) If the respite care provider or child care provider 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 respite care or child care provider, the provider may not provide care.

(3) The Department has the discretion to request a criminal records check of a babysitter.

(4) When a certified resource family notifies the Department of their intent to provide respite care for another child or young adult in the care or custody of the Department, the certifier must approve the request prior to the certified resource family providing respite care.

Source: Rule 413-200-0281 — Respite Care Providers, Child Care, and Babysitters, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-200-0281.

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OAR 413-200-0281 Respite Care Providers, Child Care, and Babysitters

OAR 413-200-0281
Respite Care Providers, Child Care, and Babysitters