Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 205 - RESPITE PROVIDER CERTIFICATION › Section 413-205-0025 - Responsibilities Regarding Denial or Revocation of a Respite Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
may deny an application or revoke a
Respite
			 Certificate of Approval
if:
(a) The
respite applicant
or
Certified Respite
			 Provider
fails to provide requested information within 90 days of a
			 written request from the
Department
;
(b) When the
respite
			 applicant
,
Certified Respite Provider
, or other adult
member of the household
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 413-205-0015(1)(i).
(c) If during the five years prior to the
			 date an application is received by the
Department
, the
respite applicant
or
Certified Respite
			 Provider
has had a previous application for certification denied or a
			 prior certificate revoked from any state, department, or agency.
(d) The
respite applicant
or
Certified Respite Provider
does not meet or no longer meets
			 one or more of the
Certified Respite Provider
qualifications;
(e) The
Department
has determined that the
respite
			 applicant
or the
Certified Respite Provider
does not
			 meet or cannot continue to provide for the safety, health or well-being needs
			 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
;
(f)
			 The
Department
discovers a
respite applicant
or
Certified Respite Provider
has falsified information by act
			 of commission or omission;
(g) The
respite applicant
or
Certified Respite
			 Provider
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;
(h) The
respite applicant
or
Certified Respite Provider
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;
(i) The
respite applicant
or
Certified Respite Provider
interferes with the good faith
			 disclosure of information by an employee or volunteer concerning the abuse or
			 mistreatment of a
child
or
young adult
in the
			 home of the
Certified Respite Provider
, violations of respite
			 certification requirements, criminal activity in the home of the
Certified Respite Provider
, violations of state or federal
			 laws or any practice that threatens the health and safety of a
child
or
young adult
receiving care in the
			 home of the
Certified Respite Provider
to any of the
			 following:
(A) Oregon
Department
of Human Services;
(B) A law enforcement agency; or
(C) A family member, guardian or other person
			 who is acting on behalf of the
child
or
young
			 adult
.
(j) A
member of the household
is found to have a disqualifying
			 conviction under OAR 413-120-0450(3) or (4)  or an authorized designee makes a
			 negative fitness determination.