justicedao/ipfs_state_laws huggingface dataset:
413-203-0065 Eligibility for Relative Resource Parents Requirements to be approved as a Relative Resource Parent or a potential adoptive resource: (1) The relative applicant be a minimum age of 18 years of age. (2) Submission of a completed application on a form, and in the manner prescribed by the Department. (3) When an individual is lawfully married, in a domestic partnership (as defined in ORS 106.310), or is cohabitating, each individual is required to apply, unless: (a) An individual is in the military and stationed out of the state; or (b) There are circumstances in which an individual will have limited responsibility for household management or care of a child in the care or custody Department. (c) There are circumstances in which the family dynamic is such that it is in the best interest of the child in the care or custody of the Department to allow an individual to be certified. (d) For (b) and (c) a Child Welfare Program Manager or designee approval is required. (e) When a relative applicant is applying to be a potential adoptive resource and the circumstances in (3)(b) and (c) apply, the Child Welfare Permanency Program Manager or designee must approve allowing only one individual to apply. (4) The relative applicant must participate in the applicant assessment processes prescribed by the Department, and provide additional information requested by the Department to support the assessment; and (5) The relative applicant must be determined by the Department to meet the qualifications and standards required by OAR 413-203-0000 to 413-203-0145, and for approval as a potential adoptive resource, OAR 413-120-0246. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0085 Care of a Child Placed in the home of a Certified Relative Resource Parent A relative resource parent must: (1) Incorporate care-giving practices that are positive and utilize non-punitive discipline and ways of helping a child in the care or custody of the Department placed with the certified relative resource parent build positive personal relationships, self-control, and self-esteem; (2) Ensure the child in the care or custody of the Department placed in the home is taught age-appropriate health and hygiene practices and is given the opportunity to practice good hygiene; (3) Ensure the child in the care or custody of the Department placed with the relative resource parent has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities; (4) Respect and support the Department's efforts to develop and maintain the relationships of the child in the care or custody of the Department placed with the relative resource parent with their parents, their siblings, their relatives, and any other significant individual in the life of the child in the care or custody of the Department; (5) Work in partnership with the Department to identify the strengths and meet the needs of each child in the care or custody of the Department placed with the relative resource parent; (6) Follow Department direction and comply with prescribed services and activities in the case plan, including, but not limited to supervision plans, personal care services plans, family time plans, transition plans, and restrictions for each child in the care or custody of the Department placed with the resource parent; (7) Provide adequate clothing that is age-appropriate and meets the cultural and gender identity and gender expression of the child in the care or custody of the Department; (8) Follow through with any placement support plan; and (9) Use reasonable efforts to prevent anyone from influencing any child regarding allegations in a judicial or administrative proceeding in which the family or legal guardian of the child or another individual may be involved. (10) Assure when a child in the care or custody of the Department leaves the relative resource parent, the belongings, both those brought with the child and those obtained while living in the home, remain with the child. (11) When a child in the care or custody of the Department placed in the home is missing, immediately report to: (a) Law enforcement; (b) The National Center for Missing and Exploited Children; and (c) The Department. (12) Not subject any child to abuse, as described in ORS 419B.005 and 418.257. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0090 Requirements Regarding the Education of a Child (1) The relative resource parent must comply with the following requirements related to the education of the child in the care or custody of the Department placed in the home unless the child is the educational decision maker: (a) Enroll the child in their school or educational placement when directed by the Department. The Department must authorize enrollment of the child for any school placement not authorized by the child’s Individualized Education Plan (IEP) team. (b) Support the child in their school or educational placement and respond to inquiries from the school or educational placement. (c) Assure the child regularly attends the school or educational placement, monitor the educational progress of the child, and share the following information with the caseworker in a timely manner: (A) The report cards of the child; (B) Any reports received from the teacher, school, or educational placement; (C) Any evaluations received as a result of educational testing or assessment; including the Individualized Education Plan (IEP) or Individualized Family Service Plan (IFSP); (D) If the school has identified suicidal ideation or self-harming behaviors; (E) Any excused and unexcused absences; (F) Disciplinary reports and notices of restraint or seclusion regarding the child; and (G) Ongoing progress toward high school graduation of the child, including number of credits earned and diploma type the child is expected to receive; (d) Monitor and share with the caseworker in a timely manner the educational successes, learning style, and potential learning difficulties of the child. (e) Work with the caseworker of the child when referring the child for assessment of a possible disability. (f) Inform the caseworker of and invite the caseworker to Individualized Education Plan (IEP) meetings, school conferences, and other school-related meetings. (2) The relative resource parent may consent for the child in the care or custody of the Department to attend school related activities such as, but not limited to, school enrollment, field trips within the state of Oregon, routine social events, sporting events, photographs, and cultural events. (3) When the relative resource parent has been identified as the parent by the school district, the relative resource parent may consent to evaluation for an Individualized Education Plan (IEP), Family Service Plan (IFSP)or 504 plan and special education decisions. (4) When the child in the care or custody of the Department placed in the home has been assigned a surrogate parent to make special education decisions, the certified relative resource parent must work in collaboration with the surrogate for an IEP, IFSP, 504 plan special education decisions, and abbreviated school day decisions. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0095 Requirements Regarding Extracurricular, Enrichment, Cultural, and Social Activities (1) In regard to the child in the care or custody of the Department placed in the home, the relative resource parent must: (a) Support the child in their interests to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities. (b) Ensure the child has ongoing opportunities to participate in at least one age-appropriate or developmentally appropriate activity. (c) Apply the reasonable and prudent parent standard, as well consulting with the child’s caseworker when determining whether to allow the child in the care or custody of the Department placed in the home to participate in extracurricular, enrichment, cultural, and social activities. (d) Periodically update the Department regarding participation by the child in extracurricular, enrichment, cultural, and social activities, including any barriers that may keep the child from participation in such activities. (2) When applying the reasonable and prudent parent standard, the relative resource parent must consider the age, maturity, and developmental level and best interest of a child in the care or custody of the Department placed in the home; and the potential harm, if any, of the activity. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0110 Responsibilities and Notification Requirements for Selection and Use of Respite Care Providers, and Child Care (1) Informal Respite Providers: When identifying prospective informal respite care providers for a child in the care or custody of the Department placed in the home, the relative resource parent must: (a) Select prospective informal respite care providers who: (A) Are at least 18 years of age; (B) Are capable of assuming supervision responsibilities, including meeting the child's safety, health, and well-being needs; and (C) Understand the requirement to comply with OAR 413-203-0105 regarding discipline. (b) Provide to the certifier the names, addresses, and telephone numbers of the prospective informal respite care providers and receive Department approval prior to using the informal respite care provider. (c) Ensure that informal respite care is no longer than 14 consecutive days, unless prior authorization for a greater period of time has been granted by the Department. (2) Child Care: (a) A relative resource parent may use a child care facility for a child in the care or custody of the Department placed in the home and must notify the Department in advance of using the child care facility. (b) If a prospective child care provider is not a child care facility, the relative resource parent must select individuals who: (A) Are at least 18 years of age; (B) Are capable of assuming supervision responsibilities, including meeting the child's safety, health and well-being needs; (C) Understand the requirement to comply with OAR 413-203-0105; and (D) Are not required to be licensed or approved under the Department of Early Learning and Care. (c) A relative resource parent must provide to the certifier the names, addresses, and telephone numbers of the prospective child care providers and receive Department approval prior to using the child care provider. (3) General Provisions for Respite Care and Child Care: (a) The relative resource parent must have an available method through which the relative resource parent may be contacted in an emergency. (b) A relative resource parent must receive Department approval to provide certified respite care for another child in the care or custody of the Department. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0115 Education and Training for Applicants and Certified Relative Resource Parents (1) A relative applicant or relative resource parent must complete the following no later than 30 days after a relative temporary certificate of approval, or prior to a relative certificate of approval: (a) Relative Orientation, including Mandatory Reporter Training: and (b) Safe Sleep Training if a child in the care or custody of the Department 12 months or younger is placed in the home. (2) A relative resource parent must collaborate with the Department on identifying skill enhancement needs and be willing to participate in trainings or other opportunities to enhance the safety and well-being of the child in the care or custody of the Department placed in their home. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0120 Confidentiality (1) The relative resource parent must exercise good judgment in sharing personal information about a child in the care or custody of the Department placed in the home and the family of the child. The relative resource parent must store documents in a way that protects the privacy of the child in the care or custody of the Department and their family. (2) The relative resource parent may not disclose confidential information regarding a child in the care or custody of the Department placed in the home or the family of the child, except when necessary to promote or to protect the health and welfare of the child in the care or custody of the Department placed in the home or the community. (3) Social Media/Image: When utilizing social media, a relative resource parent may not identify any child in the care or custody of the Department placed in the home, and that child’s photo may not be tagged. (4) A relative resource parent must follow the Department’s direction in disclosure of photos or images to be used outside of subsection (3) of this rule. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0125 Other Required Notifications (1) A relative resource parent must immediately notify the certifier or certification supervisor of the following information and events: (a) Any anticipated change in address. (b) Any anticipated extended absence of a relative resource parent, including but not limited to separation, divorce, or travel for work. (c) Any physical or structural change in the home or surrounding property. (d) Any known allegation of child abuse perpetrated by the relative resource parent or any other member of the household, or any individual who frequents the home of the relative resource parent. (e) Any time another agency plans to place a child in the home of the certified relative resource parent. (f) Any other circumstance that reasonably could affect the safety, health, or well-being of a child in the care or custody of the Department in the home. (2) A relative resource parent must notify the certifier or certification supervisor of the following information and events prior to or within one business day of the relative resource parent learning of the information or event: (a) An individual joins or leaves the household. (b) The suspension of a driver license of the relative resource parent or other member of the household if that member is responsible for transporting a child in the care or custody of the Department. (c) Any change in the physical health, mental health, or medication of a member of the household that reasonably could affect the safety, health, and well-being of a child the care or custody of the Department placed in the home. (d) Any time the relative resource parent or other member of the household intends to provide in-home child care, adult foster care, or in-home adult day care. (e) Any arrest or court conviction for a relative resource parent or other member of the household. (3) A relative resource parent must notify the caseworker or caseworker’s supervisor of any suicidal ideation, significant behavioral changes, injury, or illness to a child in the care or custody of the Department placed in the home as soon as the relative resource parent learns of the information. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0130 Requirements Regarding Mandatory Reporting (1) Any relative resource parent must report information to the Department upon reasonable cause to believe that any child with whom the individual comes in contact has suffered abuse or that any adult with whom the individual comes in contact has abused a child under ORS 419B.005 and 418.257. (2) Any relative resource parent with a caregiving employee, including a respite care provider or a child care provider who is not a child care facility, or volunteer, must provide the caregiving employee or volunteer annual training and written materials on the requirements of mandatory reporting. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0135 Requirements Regarding Visits in the Certified Resource Parent's Home For purposes of assessing the conditions in the home that affect safety, health, and well-being of the child in the care or custody of the Department placed in the home, a relative resource parent must: (1) Allow on-going in-home visits, both scheduled and unscheduled, by Department staff; (2) Allow Department staff unsupervised contact with the child in the care or custody of the Department placed in the home; and (3) Allow Department staff access to 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. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-203-0145 Requirements Regarding Contested Case Hearings (1) When the Department denies an application for certification or revokes certification, the relative applicant or relative resource parent has a right to request a contested case hearing under this rule. A relative applicant who is denied approval as a potential adoptive applicant for one or more of the reasons in OAR 413-120-0225(2) does not have a right to request a contested case hearing and, instead OAR 413-120-0225 applies. (2) A relative applicant, may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A relative resource parent may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A relative resource parent, or a relative applicant, may request a contested case hearing, as provided in OAR 413-020-0500, 413-010-0505 and OAR 413-208-0030. (5) If the Department does not receive a request for a contested case hearing within 30 days of the date the Department mailed the proposed and final order of denial or revocation, the relative resource parent or relative applicant has waived the right to a hearing, except as provided in OAR 413-010-0505. (6) Department actions when a contested case hearing is timely requested, but such request is subsequently withdrawn are outlined in OAR 413-010-0530. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: CWP 13-2026, minor correction filed 02/25/2026, effective 02/25/2026 CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, adopt filed 08/07/2025, effective 08/11/2025 CWP 3-2025, temporary adopt filed 02/14/2025, effective 02/17/2025 through 08/15/2025
413-205-0005 Purpose The purpose of OAR 413-205-0000 to 413-205-0085 is to describe the activities of the Department related to: (1) Issuing a Respite Certificate of Approval ; (2) Monitoring compliance of a Certified Respite Provider with the certification standards in OAR 413-205-0000 to 413-205-0085; and (3) Renewal of a Certified Respite Provider . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.010 & ORS 418.640 History: CWP 73-2023, minor correction filed 07/03/2023, effective 07/03/2023 CWP 70-2023, adopt filed 06/29/2023, effective 06/29/2023 CWP 27-2022, temporary adopt filed 12/27/2022, effective 01/01/2023 through 06/29/2023
413-205-0010 Department Requirements for issuing a Respite Certificate of Approval A Respite Certificate of Approval issued by the Department under OAR 413-205-0000 to 413-205-0085 must include all the following information: (1) The certificate type: Respite Certificate of Approval ; (2) The name of each respite applicant approved; (3) The address to which the Respite Certificate of Approval applies; (4) The provider number of the Certified Respite Provider ; (5) The effective and expiration dates of the Respite Certificate of Approval ; and (6) The signature of the approving manager. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.010 & ORS 418.640 History: CWP 70-2023, adopt filed 06/29/2023, effective 06/29/2023 CWP 27-2022, temporary adopt filed 12/27/2022, effective 01/01/2023 through 06/29/2023
413-205-0030 Eligibility for Certified Respite Providers To qualify to become a Certified Respite Provider a respite applicant must: (1) Be at least 18 years of age; (2) Submit a completed application on a form, and in the manner, prescribed by the Department ; (3) When individuals are lawfully married, have a domestic partnership (as defined in ORS 106.310), or are cohabitating, both individuals are required to apply, unless: (a) An individual is in the military and stationed out of the state; or (b) There are circumstances in which an individual will have limited responsibility for limited household management or care of a child or young adult receiving certified respite care services in the home. (c) Child Welfare Program Manager or designee approval is required for (b). (4) Participate in the respite applicant assessment processes prescribed by the Department , and provide additional information requested by the Department to support the assessment; (5) Complete the required Certified Respite Provider training; and (6) Be determined by the Department to meet the qualifications and standards required by OAR 413-205-0035 and OAR 413-205-0040. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 409.010 & ORS 418.640 History: CWP 70-2023, adopt filed 06/29/2023, effective 06/29/2023 CWP 27-2022, temporary adopt filed 12/27/2022, effective 01/01/2023 through 06/29/2023