Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0220 - Conditions, Denial, Suspension, Revocation, Refusal to Renew, and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 CONDITIONS.
(a) The Department may attach
			 conditions to a certificate that limit, restrict, or specify other criteria for
			 the operation of a child foster home. The type of condition attached to a
			 certificate must directly relate to the risk of harm or potential risk of harm
			 to children.
(b) The Department
			 may attach conditions to a certificate upon any of the following findings:
(A) Information on the application or initial
			 inspection requires a condition to protect the health, safety, or welfare of
			 children.
(B) A threat to the
			 health, safety, or welfare of a child exists.
(C) There is evidence of abuse.
(D) The child foster home is not being
			 operated in compliance with these rules or the rules in OAR chapter 411,
			 divisions 004, 304, and 318.
(c) Conditions the Department may impose on a
			 certificate include, but are not limited to, the following:
(A) Restricting the total number of children
			 in the child foster home based upon the ability and capacity of the foster
			 provider to meet the health and safety needs of the children.
(B) Requiring alternate caregivers to meet
			 the needs of the children.
(C)
			 Requiring additional qualifications or training of the foster provider and
			 alternate caregivers.
(D)
			 Restricting a foster provider from allowing a person on the premises who may be
			 a threat to the health, safety, or welfare of a child.
(E) Requiring additional documentation.
(F) Restricting a foster provider
			 from opening an additional foster home setting.
(G) Limiting a foster provider to the care of
			 a specific child. A foster provider with this condition does not receive
			 referrals.
(H) Restricting entry.
(d) The Department shall
			 impose a condition prohibiting new entry or transfer into a child foster home
			 when there is a death of a child served by the foster provider that results in
			 a protective services investigation and the foster provider was responsible for
			 delivering supports to the child during the time associated with the child's
			 death.
(A) A new entry or transfer may be
			 accepted while the condition is in place, if the entry or transfer approval is
			 granted by the Department and the case management entity.
(B) The condition may be terminated:
(i) Following the protective services
			 investigation determination that abuse was not a factor in the child's death;
			 or
(ii) At the discretion of the
			 Department upon satisfactory demonstration by the foster provider that:
(I) There are adequate protections in place
			 to prevent or minimize risk of harm to other children receiving the same or
			 similar type of services; and
(II)
			 Entry of additional children into the child foster home does not negatively
			 impact the foster provider's ability to safely serve children.
(e) The
			 Department issues a written notice to the foster provider when the Department
			 imposes conditions to a certificate. The written notice of conditions includes
			 the conditions imposed by the Department, the reason for the conditions, and
			 the opportunity to request a hearing under ORS chapter 183.
(A) Conditions take effect immediately upon
			 issuance of the written notice of conditions or at a later date as indicated on
			 the notice and are a Final Order of the Department unless later rescinded
			 through the hearing process.
(B)
			 The conditions imposed remain in effect until the Department has sufficient
			 cause to believe the situation which warranted the condition has been
			 remedied.
(f) The foster
			 provider may request a hearing in accordance with ORS chapter 183 and this rule
			 upon written notice of conditions. The request for a hearing must be in
			 writing.
(A) The foster provider must request
			 a hearing within 21 calendar days from the receipt of the written notice of
			 conditions.
(B) In addition to, or
			 in lieu of a hearing, the foster provider may request an administrative review
			 as described in subsection (g) of this section. The request for an
			 administrative review must be in writing. The administrative review does not
			 diminish the right of the foster provider to a hearing.
(C) The Department shall be allowed
			 reasonable requests for setting or postponement of any hearing to allow for the
			 conclusion of a protective services investigation when a condition is imposed
			 related to the protective services investigation.
(g) ADMINISTRATIVE REVIEW.
(A) In addition to the right to a hearing, a
			 foster provider may request an administrative review by the Director of the
			 Department for imposition of conditions. The request for an administrative
			 review must be in writing.
(B) The
			 Department must receive a written request for an administrative review within
			 10 business days from the date of the notice of conditions. The foster provider
			 may submit, along with the written request for an administrative review, any
			 additional written materials the foster provider wishes to have considered
			 during the administrative review.
(C) The determination of the administrative
			 review is issued in writing within 10 business days from the date of the
			 written request for an administrative review, or by a later date as agreed to
			 by the foster provider.
(D) The
			 foster provider may request a hearing if the decision of the Department is to
			 affirm the condition. The request for a hearing must be in writing. The
			 Department must receive the written request for a hearing within 21 calendar
			 days from the date of the original written notice of conditions.
(h) A foster provider may send a
			 written request to the Department to remove a condition if the foster provider
			 believes the situation that warranted the condition has been
			 remedied.
(i) Conditions must be
			 posted with the certificate in a prominent location and be available for
			 inspection at all times.