justicedao/ipfs_state_laws huggingface dataset:
413-200-0379 Education and Training for Applicants and Resource Parents (1) An applicant must participate in Orientation Mandatory Reporting and Department approved Safe Sleep Training prior to receiving a Certificate of Approval or Child-Specific Non-Relative Certificate of Approval, or within 30 days after the placement of a child in a home that has been issued a Temporary Certificate of Approval. (2) Each applicant and resource parent must complete required resource parent training before or within 12 months after the date on which the certificate was issued, or provide written documentation of completion of equivalent training content from another licensed child-caring agency within two years of an applicant's dated application for certification if approved by the certification supervisor on a form approved by the Department. (3) Completion of required resource parent training may be required by the Department prior to issuing a Certificate of Approval. A resource parent with a Child Specific Non-Relative Certificate of Approval is exempt from section (2) of this rule if there is an approval by a certification supervisor on a form approved by the Department for the development of a written, individualized training plan, specific to the needs of the child in the care or custody of the Department placed in the home. (4) When an applicant applies for adoption, the Department-approved training must be completed prior to approval for adoption per 413-120-0246. (5) An applicant or resource parent with limited English proficiency or a hearing or visual impairment, who is unable to meet the training requirements outlined in sections of this rule may be provided an individualized training plan and approved by the certification supervisor. (6) The Department may require a resource parent to complete more than the 30 hours of training for a two-year certification period based on the needs of the child placed in the home and the knowledge, skills, and abilities of the resource parent . Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 409.010, ORS 418.105, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 14-2022, amend filed 06/23/2022, effective 06/29/2022 CWP 30-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 19-2007, f. & cert. ef. 11-1-07 CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07 Renumbered from 413-200-0349, CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01
413-200-0383 Other Required Notifications (1) A 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 member of a 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 on which the resource parent lives. (d) Any known allegation of child abuse perpetrated by the resource parent or any other member of the household, or any individual who frequents the home of the resource parent. (e) Any time another agency wishes to place a child in the home of the resource parent. (f) Any other circumstance that reasonably could affect the safety, health, or well-being of a child in the home of the resource parent. (2) A resource parent must notify the certifier or certification supervisor of the following information and events prior to or within one business day of the resource parent learning of the information or event: (a) An individual joins or leaves the household, including an individual who frequents the home. (b) The suspension of a driver license of a member of the household. (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 in the care or custody of the Department placed in the home . (d) Any time a member of the household intends to provide in-home child care, adult foster care, or in-home adult day care. (e) When a resource parent notifies the Department of their intent to provide certified respite care for another child in the care or custody of the Department, the certifier must approve the request prior to the resource parent providing certified respite care. (f) Any arrest or court conviction for a member of the household. (3) A 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 resource parent learns of the information. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 409.010, ORS 418.105, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09 CWP 19-2007, f. & cert. ef. 11-1-07 CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07 CWP 4-2007, f. & cert. ef. 3-20-07
413-200-0386 Requirements Regarding Mandatory Reporting (1) Any 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 neglect or that any adult with whom the individual comes in contact has abused or neglected a child under ORS 419B.005 and 418.257. (2) Any resource parent with a caregiving employee 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 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.257, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07
413-200-0388 Requirements Regarding Visits in the 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 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 rented to or owned by another individual. Statutory/Other Authority: ORS 418.005, ORS 409.050 & ORS 418.640 Statutes/Other Implemented: ORS 409.010, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 14-2022, amend filed 06/23/2022, effective 06/29/2022 CWP 30-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07
413-200-0390 Requirements Regarding Renewal of the Certificate of Approval (1) To renew a Certificate of Approval or Child-Specific Non-Relative Certificate of Approval for up to two additional years, the resource parent must submit a completed Application for Renewal or Change of Status, or an application for Adoption, whichever is applicable. Upon receiving an application, the Department will assess the application under OAR 413-200-0287 . (2) When the resource parent has submitted an application for renewal, the current certificate does not expire, despite any expiration date, until the Department has renewed the certification, the renewal application is withdrawn, or there is a proposed and final order denying the application. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 409.010, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 19-2007, f. & cert. ef. 11-1-07 CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01 SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01
413-200-0393 Requirements Regarding Inactive Referral Status (1) The Certificate of Approval or Child-Specific Non-Relative Certificate of Approval remains in effect and the responsibilities of the resource parent remain in effect during inactive referral status. (2) A resource parent may request that the Department place the home on inactive referral status for any reason for up to 12 months. The inactive referral status begins on the date requested by the resource parent and while it is in effect: (a) The Department must not place an additional child in the home; and (b) The resource parent may not accept placement of any child from another agency. (3) Inactive referral status, when requested by the resource parent , ends: (a) At the request of the resource parent ; or (b) When the certification terminates or expires, unless the Department is in the process of assessing the resource parent for renewal of the Certificate of Approval. (4) The Department may initiate a resource parent 's inactive referral status under the conditions described in OAR 413-200-0294 . When the Department initiates inactive referral status, the Department must: (a) Provide written notification to the resource parent of the inactive referral status within 14 business days after the inactive status is initiated. (b) Provide written notification to the resource parent when inactive referral status ends, unless the Department has issued Notice of Intent to Revoke. (5) The Department may revoke certification if a resource parent does not remedy a violation of a certification standard within the time frame of the inactive referral status. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 409.010, ORS 418.105, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01
413-200-0396 Requirements Regarding Contested Case Hearings (1) When the Department denies an application for certification or revokes certification, the applicant or resource parent has a right to request a contested case hearing under this rule. (2) An applicant for certification, renewal of a certificate, or a Change of Status may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A resource parent may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A resource parent, applicant for certification, renewal of a certificate, or a Change of Status, or applicant for consideration as a potential adoptive resource may request a contested case hearing, as provided in OAR 413-010-0505 and OAR 413-208-0030. (5) An applicant who is denied approval as a potential adoptive resource 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(3) applies. (6) 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 resource parent or applicant has waived the right to a hearing, except as provided in OAR 413-010-0505. (7) 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 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 20-2026, 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, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01
413-203-0001 Responsibilities for Certification and Supervision of Relative Resource Parents Authority, Responsibility, and Applicability. (1) ORS 418.640(1) authorizes the Department to adopt rules to protect the best interests of children in foster homes and to carry out the intent and purpose of ORS 418.625 to 418.645. (2) The Department has determined that it is in the best interests of a child who cannot safely remain in the home with a parent or legal guardian to be placed with a person meeting the definition of a relative, whenever such placement meets the child’s safety, health and well-being needs. (3) The Department has determined that any resource parent issued a Certificate of Approval under 413-200-0260 through 413-200-0396 and who meets the definition of a Relative Resource Parent under 413-203-0000 through 413-203-0145 will have their Certificate of Approval converted to a Relative Certificate of Approval. 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
413-203-0005 Purpose of the Department's Responsibilities for Relative Certification (1) The purpose of OAR 413-203-0000 to 413-203-0145 is to describe the activities of the Department related to: (a) Certification of a relative resource parent and assessment of a relative applicant seeking to be a potential adoptive resource. (b) Monitoring compliance of a relative resource parent with the certification standards in OAR 413-203-0000 to 413-203-0145 and (c) Disclosure of information about a relative applicant or relative resource parent. (2) When applying the requirements of these rules, the Department prioritizes assessment of relative applicants, and aids in meeting identified needs and overcoming barriers to certification of relative applicants to the extent reasonably possible. 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
413-203-0030 Requirements Regarding the Maximum Number of Children in the Home (1) Unless a management approval by the Program Manager or designee is obtained, the Department may not issue a Relative Temporary Certificate of Approval, or Relative Certificate of Approval, if the home would exceed the following maximum capacity: (a) A total of four children to one relative resource parent; (b) A total of seven children, to two relative resource parents; (c) A total of two children under the age of three; or (d) A total of six children in the care or custody of the Department. (2) When counting the children under 1(a)-(c) of this rule, each child living in the home is included. (3) Considerations for a management approval include, but are not limited to: (a) To allow a parenting child in the care or custody of the Department to remain with their child; (b) To allow siblings to remain together; (c) To allow a child to be placed with a relative. (4) The certifier must assess: (a) The skills, abilities, and willingness of the relative resource parent related to the quantity of services required for each child to be placed in the home; (b) The skills and abilities of the relative to meet the safety, health, and well-being needs of each child to be placed in the home; (c) The amount of support the relative resource parent requires to meet the supervision needs of each child in the care or custody of the Department to be placed in the home; (d) The maximum safe physical capacity of the home, including sleeping arrangements; and (e) The plan for each individual to escape from the home in case of fire or other emergency. 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
413-203-0050 Responsibilities Regarding a When a Relative Family Moves (1) When a relative resource parent moves to another residence within Oregon, the Department terminates the certificate and may issue a new certificate after completing the following activities within 10 business days: (a) Conduct a home visit; (b) Walk through each room in the residence and buildings on the property to assess the safety of the physical environment; (c) Complete a safety assessment of the home and surroundings using a form approved by the Department; and (d) Assess any concerns regarding the relative resource parent’s ability to provide for the safety, health, and well-being needs of the child in the care or custody of the Department placed by the Department. Determine whether the home and the relative resource parent meet the standards under OAR 413-203-0000 to 413-203-0145 and document those assessment activities in the Department’s electronic information system. (2) Ensure the home has posted age-appropriate documents outlining the Oregon Foster Children’s Bill of Rights under ORS 418.201 and OAR 413-010-0180, and that the Oregon Foster Children’s Sibling Bill of Rights under ORS 418.608 and OAR 413-070-0860(3) is available in the home. (3) When a relative resource parent intends to move outside the State of Oregon and the child placed in the home by the Department has been approved to remain with the relative resource parent, OAR 413-040-0200 to 413-040-0330 applies. 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
413-203-0055 Purpose of Relative Certification Standards The purpose of OAR 413-203-0055 to 413-203-0145 to describe the criteria for approval of a relative applicant as a relative resource parent, or potential adoptive resource and for continued certification of a relative resource parent. These rules apply to any individual who: (1) Has applied to become a relative resource parent, or a potential adoptive resource; or (2) Holds a current Relative Temporary Certificate of Approval or Relative Certificate of Approval. 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
413-203-0060 Authorization (1) Title IV-E, section 471(a)(10) of the Social Security Act, requires the State of Oregon to establish a state authority responsible for establishing and maintaining standards for foster family homes and child caring institutions. (2) ORS 418.635 gives the Department the authority and responsibility to approve homes for a child in the care or custody of the Department. ORS 418.640(1) authorizes the Department to develop rules to approve these homes. (3) In these rules, a Relative Resource Parent is a foster parent as that term is used in ORS 418.016, 418.200, 418.606, 418.640, and 418.648. 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