justicedao/ipfs_state_laws huggingface dataset:
413-205-0035 Personal Qualifications of Respite Applicants and Certified Respite Providers (1) Respite applicants have the burden of proving they possess the required qualifications to be approved as a Certified Respite Provider . (2) A respite applicant must not be denied a Respite Certificate of Approval for any of the following: (a) For the sole reason that the individual received child welfare services as a child or young adult ; (b) On the basis of disability or on the basis of speculation, stereotypes, or generalizations that the individual, because of a disability, cannot safely care for a child; or (c) On the basis of race, religion, national origin, sex, age, marital status, sexual orientation, or gender expression. (3) A respite applicant must: (a) Be willing to participate in the assessment process; (b) Exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior; (c) Maintain conditions in the home that provide for the safety, health, and well-being for the child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department and be able to meet the safety, health, and well-being needs for that child or young adult ; (d) Have a lifestyle and personal habits free of criminal activity, and abuse or misuse of alcohol or drugs; and (e) Respect, accept and support the race, ethnicity, cultural identities, national origin, immigration status, sexual orientation, gender identity, gender expression, disabilities, spiritual beliefs, and socioeconomic status, of a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department , and provide opportunities to enhance the positive self-concept and understanding of the child or young adult’s heritage; (4) To maintain a Respite Certificate of Approval , in addition to continuing to meet the personal qualifications listed in OAR 413-205-0035, a Certified Respite Provider must: (a) Follow the direction of the certified resource family , or parent or other caregiver if the child or young adult is being served in their home through an open child welfare case, regarding care of the child or young adult and use positive non-punitive discipline ; (b) Follow agreed upon routines and schedules of the child or young adult as provided by the certified resource family , or parent or other caregiver if the child or young adult is being served in their home; and (c) Follow the case plan and the supervision plan (if applicable) provided by Department staff. Statutory/Other Authority: ORS 418.005, ORS 409.050, 45 CFR § 84.60, 45 CFR § 84.68 & 28 CFR 35.130 Statutes/Other Implemented: ORS 409.010, ORS 418.640, Section 504 of the Rehabilitation Act, 29 USC § 794, ADA Subchapter II & 42 USC §§ 12131 – 12134 History: CWP 9-2025, amend filed 07/09/2025, effective 07/09/2025 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
413-205-0045 Requirements Regarding the Number of Children and Young Adults in the Home (1) A Certified Respite Provider may not exceed the following maximum capacity: (a) A total of four children or young adults to one Certified Respite Provider adult living in the home; (b) A total of seven children or young adults to two Certified Respite Provider adults living in the home; (c) A total of two children under the age of three; or (d) A total of 6 children or young adults being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department. (2) When counting the children or young adults under (1)(a)-(c) of this rule, all children living in the home are included and all young adults being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department are included. (3) A Certified Respite Provider may only provide concurrent care to multiple children or young adults in care under the following circumstances: (a) When the children or young adults are currently in the same placement together with one certified resource family; or (b) When the children or young adults in care are siblings or have a natural pre-existing relationship. (4) A Certified Respite Provider may not accept a child or young adult for placement from another agency without prior approval of the Department. (5) A Certified Respite Provider may not provide formal or informal adult foster care, respite care, or child care without prior approval of the Department. 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
413-205-0055 Requirements Regarding Medical Care (1) A Certified Respite Provider must notify the Department as soon as possible after accessing emergency care. (2) The Certified Respite Provider must comply with all of the following requirements related to medication management for a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department while receiving care in the home: (a) Over the Counter Medications may be provided to a child or young adult for their labeled purpose within the labeled dosage; (b) Administer prescription medications to a child or young adult in accordance with the written prescription or authorization; (c) Record the dosage, date, and time of all medication administered to a child or young adult in the care or custody of the Department on the medication form provided. The medication form, with any attachments, must be submitted to the certified resource parent at the close of the certified respite care period; and (d) The Certified Respite Provider must provide for the safe storage and administration of all medications in the household, taking into consideration the age, development level, and needs of the child or young adult receiving care in the home by the Department. 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
413-205-0060 Education and Training for Respite Applicants and Certified Respite Care Providers (1) A respite applicant must participate in the required Certified Respite Provider training prior to receiving a Respite Certificate of Approval. (2) The Certified Respite Provider must participate in the required Certified Respite Provider training at renewal of each 2-year certification period. 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
413-205-0065 Other Required Notifications (1) A Certified Respite Provider must immediately notify the certifier or certification supervisor of the following information and events: (a) Any anticipated change in address. (b) Any physical or structural change in the home or surrounding property on which the Certified Respite Provider lives. (c) Any known allegation of child abuse perpetrated by the Certified Respite Provider or any other member of the household , (d) Any other circumstance that reasonably could affect the safety, health, or well-being of a child or young adult in the home of the Certified Respite Provider . (2) A Certified Respite Provider must notify the certifier or certification supervisor of the following information and events prior to or within one business day of the Certified Respite Provider learning of the information or event: (a) An individual joins household; (b) Any significant change in the physical health, mental health, or medication of a member of the household that could impact the safety, health, or well-being of a child or young adult ; (c) Any arrest or court conviction for a member of the household ; or (d) Any suicidal ideation, significant behavioral changes, injury or illness to a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving respite care in the home as soon as the Certified Respite Provider learns of the information. 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
413-205-0070 Requirements Regarding Mandatory Reporting Any Certified Respite Provider must report information to the Department upon reasonable cause to believe that any child or young adult 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 or young adult under ORS 419B.005 and 418.257. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 419B.005 & ORS 418.257 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
413-205-0075 Requirements Regarding Department Contact in the Certified Respite Provider’s Home For purposes of assessing the conditions in the home that affect safety, health, and well-being of the child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving care in the home, a Certified Respite Provider must: (1) Allow ongoing in-home visits, both scheduled and unscheduled, by Department staff; (2) Allow Department staff unsupervised contact with the child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving care; 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 rented to or owned by another individual. 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
413-205-0080 Requirements Regarding Confidentiality (1) The Certified Respite Provider must exercise good judgment in sharing personal information about a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department and the family of the child or young adult . The Certified Respite Provider must store documents in a way that protects the privacy of the child or young adult and their family. (2) The Certified Respite Provider may not disclose confidential information regarding a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department or the family of a child or young adult , except when necessary to promote or to protect the health and welfare of the child , young adult , or the community. (3) Social Media/Image: When utilizing social media, a Certified Respite Provider may not identify any child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving respite in that home, and that child or young adult’s photo may not be tagged. (4) A Certified Respite Provider must follow the Department's direction in disclosure of photos or images to be used outside of (3) of this rule. 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
413-205-0085 Requirements Regarding Contested Case Hearings (1) When the Department denies an application for a Respite Certificate of Approval or revokes certification, the respite applicant or Certified Respite Provider has a right to request a contested case hearing under this rule. (2) A respite applicant for a Respite Certificate of Approval or renewal of a Respite Certificate of Approval may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A Certified Respite Provider may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A Certified Respite Provider , respite applicant, or a respite applicant for renewal of a Respite Certificate of Approval , may request a contested case hearing, as provided in OAR 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 applicant or Certified Respite Provider 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 409.010 & ORS 418.640 History: CWP 10-2026, minor correction filed 02/25/2026, effective 02/25/2026 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
413-208-0005 Purpose (1) These rules describe the criminal records check requirements for those seeking to become or remain a resource parent, relative resource parent or an applicant seeking approval as an adoptive resource under OAR 413-200-0260 to 413-200-0396, or individuals seeking approval as a member of the household , to provide child care, or to provide respite care. These rules supplement Department of Administrative Services rules, OAR 125-007-0210 to 125-007-0330. (2) In these rules, a resource parent is a foster parent as that term is used in ORS 418.016, 418.640 and 418.648. A relative resource parent is a relative caregiver, as that term is used in ORS 418.016, and a foster parent as that term is used in ORS 418.640 and 418.648. (3) These rules set forth the criminal convictions which disqualify a subject individual from being approved as a resource parent, relative resource parent, or potential adoptive resource or a member of the household, respite care porovider, or child care provider . (4) These rules outline the process by which the Department assesses the fitness of a subject individual with a criminal conviction. (5) These rules must be used in conjunction with other Oregon administrative rules when determining a subject individual's fitness to be approved as a resource parent, relative resource parent, or potential adoptive resource, approved as a member of the household , approved to provide child care, or approved to provide respite care. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 181A.195 Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 181A.010-181A.245, ORS 409.010 & ORS 181A.200 History: CWP 9-2026, renumbered from 413-120-0400, filed 02/25/2026, effective 02/25/2026 CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 28-2021, amend filed 11/29/2021, effective 12/01/2021 CWP 3-2012, f. & cert. ef. 6-26-12 CWP 1-2009, f. & cert. ef. 2-2-09 CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09 CWP 3-2008, f. & cert. ef. 5-15-08 CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08 CWP 21-2003, f. & cert. ef. 3-13-03 SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03 SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 14-2000, f. & cert. ef. 7-13-00 SOSCF 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-12-00 SOSCF 4-1999, f. & cert. ef. 3-22-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-208-0020 Arrests Involving a Resource Parent, Relative Resource Parent, Member of the Household, Certified Respite Provider or Child Care Provider When a resource parent, relative resource parent, member of the household, certified respite provider or child care provider is arrested the Department must assess the safety of the child placed in the home of the resource parent or relative resource parent and determine if the individual is fit to remain in their caregiving role. (1) Within 24 hours of the Department learning of the arrest the Child Welfare Program Manager must make a determination whether a child may continue to be placed in the home, or whether the resource parent, relative resource parent, certified respite provider, or child care provider may continue to be approved, based upon information available to the Department. (2) If the arrest leads to a conviction a determination of the fitness of the individual must be made assessing: (a) The details of the incident (b) The social context of the incident (c) When the subject individual is a relative or has a caregiving relationship with the child requiring placement, whether the placement may mitigate the trauma due to the existing relationship and whether the placement would provide for the child’s safety, well-being and permanency. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.016 Statutes/Other Implemented: ORS 418.016, ORS 181.010-181.560, ORS 409.010, ORS 418.005 & ORS 181.537 History: CWP 9-2026, renumbered from 413-120-0455, filed 02/25/2026, effective 02/25/2026 CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 16-2022, amend filed 06/23/2022, effective 06/29/2022 CWP 3-2022, amend filed 02/22/2022, effective 03/01/2022 CWP 27-2021, temporary amend filed 11/29/2021, effective 12/01/2021 through 05/29/2022 CWP 3-2012, f. & cert. ef. 6-26-12 CWP 1-2009, f. & cert. ef. 2-2-09 CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09 CWP 3-2008, f. & cert. ef. 5-15-08 CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08 CWP 21-2003, f. & cert. ef. 3-13-03 SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03
413-208-0035 Record Keeping, Confidentiality (1) All LEDS reports are confidential, and the authorized designee must maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 15). (a) LEDS and FBI reports are confidential and may only be received or viewed by an authorized designee . (b) LEDS and FBI reports and any photocopies may be shared with another authorized designee only if there is a need to know consistent with these rules. (2) The results of a national criminal records check provided by the FBI or the OSP are confidential and may not be disseminated by the Department, except in the following circumstances: (a) If a fingerprint-based criminal records check was conducted on the subject individual , the subject individual is provided a copy of the results if requested. (b) The state and national criminal offender information may be provided as exhibits during a contested case hearing . (3) All completed background check requests, other criminal records information , and other records collected or developed during the background check or contested case process must be kept confidential and disseminated only on a need-to-know basis. (4) The Department must retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives. (5) Documents may be requested and reviewed by the Oregon State Police for the purposes of determining and ensuring compliance with these rules (OAR 413-208-0000 to 413-208-0035). Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 181A.195 Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 181A.010 - 181A.245, ORS 181A.200 & ORS 409.010 History: CWP 39-2026, minor correction filed 02/27/2026, effective 02/27/2026 CWP 9-2026, renumbered from 413-120-0475, filed 02/25/2026, effective 02/25/2026 CWP 28-2021, amend filed 11/29/2021, effective 12/01/2021 CWP 3-2012, f. & cert. ef. 6-26-12
413-310-0200 Purpose These rules describe SOSCF’s procedures for handling payments made by SOSCF which are in error or result from fraudulent acts committed by service providers and subcontractors of service providers contracting with SOSCF, persons working under personal service contracts with SOSCF, or SOSCF employees. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 - 293.245 History: SOSCF 23-2000, f. & cert. ef. 9-6-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0210 Definitions (1) “Fraud”: Intentional acts, claims, statements, or payments resulting in misrepresentation and/or willful withholding of material facts for the purpose of deceiving. (2) “Unintentional Error”: Errors in payments or billings made without intent to deceive. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 - 293.245 & 42 CFR 433 History: SOSCF 23-2000, f. & cert. ef. 9-6-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0220 Unintentional Error In instances of unintentional error, SOSCF will report the details of the inappropriate payment to SOSCF Collections Unit for review. The Collections Unit will establish an account receivable and collect from future payments or prepare a billing invoice. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 - 293.245 & 293.265 History: SOSCF 23-2000, f. & cert. ef. 9-6-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0230 Fraud or Willful Deception (1) Any employee who becomes aware of what appears to be a payment based on incorrect or fraudulent information shall notify his/her supervisor immediately. The worker and supervisor having responsibility for payment will determine whether the payment was based on incorrect information. (2) If it appears that fraud may be involved, a referral for investigation will be immediately forwarded to the SOSCF Assistant Administrator of Management Operations who will notify the Administrator. (3) In instances involving potential fraud, it is not appropriate to follow the chain of command since that can interfere with the investigation. (4) If the investigation of the referral can best be accomplished by an audit, the Assistant Administrator of Management Operations will refer all or part of the investigation to the SOSCF Management Operations Audit Unit. (5) The client, claimant, or payee shall not be contacted unless directed by Management Operations or a law enforcement agency to do so. (6) The Audit Unit will begin the investigation immediately. If sufficient documentation establishes fraud, referral will be made to the appropriate agencies. (7) The Audit Unit investigation is intended to either clear any suspicion of wrongful action or, if needed, result in subsequent referral for recovery of improperly expended funds and possible prosecution. (8) At all times the civil rights and personal liberties of a person who is suspected of fraudulent activities or willful deception to obtain services or payments will be protected. (9) When incorrect information has been provided which affects the payment or when a client or provider is unwilling to resolve the incorrect payment problem, the division may terminate services, or terminate the contract. The decision whether to terminate service or the contract will be made by the regional administrator or assistant administrator responsible for the program. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 - 293.245 History: SOSCF 23-2000, f. & cert. ef. 9-6-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95