OAR 413-200-0296
Responsibilities Regarding Denial or Revocation of a Certification

(1) The Department may deny an application for certification if:
(a) Any of the reasons in OAR 413-200-0272 (Responsibilities for Assessment and Certification) (2) exist;
(b) The applicant fails to provide requested information within 90 days of a written request from the Department; or
(c) When an adult member of the household, excluding any young adult in the care and custody of the Department placed in the home, has been identified as the perpetrator alleged perpetrator, or respondent of abuse in a child protective services assessment founded disposition, unable to determine disposition, substantiated, inconclusive or a similar disposition from another agency or state as described in 413-200-0274 (Assessment for Approval of an Adoptive Resource or Issuance of a Certificate of Approval or Child-Specific Certificate of Approval)(1)(l) and 413-200-0275 (Assessment for Issuance of a Temporary Certificate of Approval)(2)(m).
(2) The Department may deny an application or revoke a Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval when:
(a) The applicant or certified resource family does not meet or no longer meets one or more of the certification standards in OAR 413-200-0301 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings);
(b) The Department has determined that the applicant or the certified resource family does not meet or cannot continue to provide for the safety, health or well-being needs of a child or young adult in the care or custody of the Department;
(c) The Department discovers an applicant or certified resource family has falsified information by act of commission or omission;
(d) An applicant or certified resource family fails to provide information to the Department or fails to inform the Department of any disqualifying condition, including a disqualifying condition that arises after the certification has been issued;

(e)

An applicant or certified resource family is found to have interfered or hindered an investigation of abuse of a child or young adult, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child or young adult who is the subject of the investigation or with witnesses;

(f)

A certified resource family interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child or young adult placed in the home of the certified resource family, violations of certification requirements, criminal activity in the certified resource family’s home, violations of state or federal laws or any practice that threatens the health and safety of a child or young adult placed in the home of the certified resource family to:

(A)

Department of Human Services;

(B)

A law enforcement agency;

(C)

A family member, guardian or other person who is acting on behalf of the child or young adult.
(g) A member of the household, excluding a child or young adult in the care or custody of the Department placed in the home, or a person who frequents the home is found to have a disqualifying conviction under OAR 413-120-0450 (Disqualifying and Potentially Disqualifying Criminal Convictions)(3) or (4) or an authorized designee makes a negative fitness determination;
(h) The certified resource family fails to follow through with a placement support plan developed under OAR 413-200-0285 (Responsibilities When Developing a Placement Support Plan); or
(i) The Department determines a child or young adult has been removed because the certified resource family cannot provide for the safety, health, or well-being needs of the child or young adult and 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).
(3) When the Department determines that subsection (2)(g) of this rule applies, the Department must determine whether to revoke the Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval. If the Department decides to revoke, the Department must issue a notice of intent to revoke the Temporary Certificate of Approval, Child-Specific Certificate of Approval, or Certificate of Approval pursuant to OAR 413-010-0510 (Notice).
(4) The Department must take action to revoke a certification when, at the conclusion of a child protective services assessment, the Department determines there is an impending danger safety threat in the certified resource family’s home, unless:
(a) The certified resource family provides a request to voluntarily terminate the certificate; and
(b) The Department agrees to accept the voluntary termination of the certificate.
(5) If the Department decides to deny an application for a certificate, renewal of a certificate, or a Change of Status, or decides to revoke a certificate, the Department must provide an applicant or certified resource family a written notice of intent to deny the application or revoke the certificate, which must state the reasons for the action and comply with OAR 413-010-0510 (Notice).
(6) When the Department has issued a written notice to revoke a certificate before the stated expiration date on the certificate, the certificate must not expire until there is a final order on the notice to revoke the certificate.
(7) The Department must remove from the home any child or young adult in the care or custody of the Department upon making the decision to revoke the certified resource family’s certification and place the certified resource family on Inactive Referral Status.
(8) The Department may deny an application for a certificate if, during the five years prior to the date an application is received by the Department, the applicant has had a previous application for certification denied or a prior certificate revoked, from any state, department or agency.

Source: Rule 413-200-0296 — Responsibilities Regarding Denial or Revocation of a Certification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-200-0296.

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 413-200-0296’s source at or​.us