1. (1) Any home that meets the definition of an AFH-DD as defined in OAR 411-360-0020 must first apply for and obtain a license from the Department or an exempt area county before providing care and services for compensation to an individual.
   (2) Effective January 1, 2026, the Department shall recognize an adult care home license with a classification to serve adults with developmental disabilities issued by the Multnomah County Adult Care Home Program pursuant to ORS 443.780 prior to January 1, 2026, as a valid license to operate an AFH-DD under these rules until the expiration date of the license or upon the issuance of a new license under these rules. Any administrative sanction imposed under Multnomah County Administrative Rule 023-160-100 prior to January 1, 2026, is a de facto sanction administered by the Department.
   (3) A person or entity may not represent themselves as operating an AFH-DD or accept placement of an individual without being licensed as an AFH-DD.
   (4) No person, employed and requiring a background check may be a provider, resident manager, substitute caregiver, or otherwise be in training, employed by the provider, a volunteer for the AFH-DD, or reside in or on the property of an AFH-DD who:
   (a) Has been convicted of any of the disqualifying crimes listed in ORS 443.004;
   (b) Has not complied with Department rules for review of background checks in accordance with OAR 407-007-0200 to 407-007-0370; or
   (c) Is not approved to work based on current Department policy and procedures for background checks in accordance with OAR 407-007-0200 to 407-007-0370.
   (5) Section (4) of this rule does not apply to individual service recipients of the AFH-DD.
   (6) Section (4)(a) of this rule does not apply to employees hired prior to July 28, 2009.
   (7) LIMITED LICENSE. Any home that meets the definition of a limited license AFH-DD as defined in OAR 411-360-0020 must apply for and obtain a license from the Department before providing care and services to an individual for compensation.
   (a) To qualify for a limited license and for compensation from the Department, the provider must:
   (A) Submit a completed provider enrollment agreement, application for a limited license, appropriate licensing fee, physician's statement, and a background check in regard to criminal records, founded abuse of children, and substantiated abuse of an adult;
   (B) Demonstrate a clear understanding of the individual's care, service, and support needs;
   (C) Acquire any additional training necessary to meet the specific care, service, and support needs of the individual;
   (D) Meet the standards of an AFH-DD;
   (E) Meet minimal fire safety compliance including the installation of smoke alarms, carbon monoxide alarms, and fire extinguishers; and
   (F) Obtain any training deemed necessary by the Department to provide adequate care and services to support the individual.
   (b) A limited license is limited to the care and services of the individual named on the license only and may not be transferred to another individual.
   (8) PROVISIONAL LICENSE. Any AFH-DD that meets the definition of a provisional license, due to an emergency situation in which the licensed provider is no longer able to oversee the operation of the AFH-DD, must be licensed by the Department. The applicant for the provisional license must meet the standards in OAR 411-360-0070 and OAR 411-360-0110.

Statutory/Other Authority

ORS 409.050, 427.104, 430.662, 443.001, 443.004, 443.725, 443.730, 443.734, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790

Statutes/Other Implemented

ORS 409.010, 427.007, 427.101, 427.104, 430.662, 441.993, 443.001-443.004, 443.705-443.825, 443.875 & 443.991

History

APD 19-2025, amend filed 12/23/2025, effective 01/01/2026
SPD 34-2013, f. & cert. ef. 9-27-13
SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10
SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10
SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SPD 3-2005, f. 1-10-05, cert. ef 2-1-05