OAR 413-200-0289
Responsibilities Regarding Withdrawal of an Application, Termination of a Certification

(1) When an applicant requests to withdraw their application for certification or adoption under OAR 413-200-0314 (Initial Application Process to Become a Certified Resource Family or Adoptive Resource), the certifier must document their communication regarding the applicant’s request.
(2) An application may be considered to be withdrawn if, during the assessment process, the applicant fails to respond to a written request for contact from the certifier, the adoption worker, or the supervisor of the certifier or adoption worker within 30 days of the request.
(3) When a certified resource family requests the Department terminate their certification, the certifier must:
(a) Terminate the certificate on a date to be determined by the Department and the certified resource family, notify the certified resource family of the date the certificate was terminated and document the reasons for termination of the certificate; or
(b) If the Department intends to revoke the certificate, determine with a Child Welfare Program Manager or designee whether to accept the request to terminate the certificate or continue with the revocation process, inform the certified resource family of the Department’s decision, and document the Department’s decision regarding the certified resource family’s request.
(4) The Department must terminate a Temporary Certificate of Approval or a Child-Specific Certificate of Approval on the expiration date of the Certificate, or 60 calendar days after the child or young adult placed in the home moves from the home of the certified resource family, whichever is earlier, unless at least one of the following applies:
(a) The certified resource family submits a written request to change the type of certificate from a Child-Specific Certificate of Approval to a Certificate of Approval under section (5) of this rule within 60 calendar days of the departure of the specific child or young adult from the home.
(b) The certified resource family requests to voluntarily terminate the Temporary Certificate of Approval or Child-Specific Certificate of Approval, and the Department agrees to terminate the certificate;
(c) The Department determines the child or young adult placed in the home is removed because the certified resource family cannot provide for the safety, health, or well-being needs of the child or young adult placed in the home and has violated one or more rules under OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings); or
(d) OAR 413-200-0296 (Responsibilities Regarding Denial or Revocation of a Certification)(4) applies.
(5) When the Department determines that subsection (3)(c) of this rule applies, the Department must determine whether to revoke the Temporary Certificate of Approval or Child Specific Certificate of Approval.
(a) If the decision is to revoke, the Department must issue a notice of intent to revoke the Temporary Certificate of Approval or Child Specific Certificate of Approval.
(b) If the decision is not to revoke, the Department may terminate the certificate.
(6) When a certified resource family with a Temporary Certificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Temporary Certificate of Approval remain the same, the certifier must:
(a) Update the application to reflect the accurate applicant type;
(b) Ensure all activities under OAR 413-200-0274 (Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval) are complete before issuing a Certificate of Approval; and
(c) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-120-0440 (Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required)(9).
(7) When a certified resource family with a Child-Specific Certificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Child-Specific Certificate of Approval remain the same the certifier must:
(a) Provide the family with an application change from a Child-Specific Certificate of Approval to a Certificate of Approval;
(b) Assess the family’s ability to provide for the safety, health, and well-being needs of a non-specific child or young adult in the care or custody of the Department pursuant to the requirements of OAR 413-200-0274 (Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval) and the certified resource family’s compliance with OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings);
(c) Document the assessment in the provider record; and
(d) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-120-0440 (Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required)(9).
(8) Before the Department may change the type of certificate under sections (5) and (6) of this rule, a certification supervisor must:
(a) Assure the certifier has completed all activities required by section (5) and (6) of this rule;
(b) Review the certifier’s assessment of the certified resource family; and
(c) Determine, upon completion of the review in subsection (b) of this section, whether to approve or not approve the certified resource family’s application to change the Child-Specific Certificate of Approval to a type of certificate that does not limit the family to care for a specific child or young adult.
(9) If the certification supervisor decides to approve the certified resource family’s application to change the Child-Specific Certificate of Approval to a type of certificate that does not limit the family to care for a specific child in care, the Department must issue a Certificate of Approval with the same end date as the current certificate to the family.
(10) If the certification supervisor decides not to approve the certified resource family’s application to change the type of certificate to one that does not limit the family to care for a specific child or young adult, the Department must proceed to issue a proposed and final order to deny the application as outlined in OAR 413-200-0296 (Responsibilities Regarding Denial or Revocation of a Certification) unless the certified resource family voluntarily withdraws the application as provided in OAR 413-200-0314 (Initial Application Process to Become a Certified Resource Family or Adoptive Resource).
(11) No child or young adult in the care or custody of the Department may remain in the home if there is not an active certificate or the Department has taken an action to revoke certification, unless a court has ordered the child or young adult to remain in the home.

Source: Rule 413-200-0289 — Responsibilities Regarding Withdrawal of an Application, Termination of a Certification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-200-0289.

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 413-200-0289’s source at or​.us