1. (1) Except as provided in subsection (3) of this rule, the Department may not issue a Certificate of Approval, a Child-Specific Non-Relative Certificate of Approval, or a Temporary Certificate of Approval if the home would exceed the following maximum capacity:

   1. (a) A total of four children to one resource parent living in the home;
   2. (b) A total of seven children, to two resource parents living in the home;
   3. (c) A total of two children under the age of three; or
   4. (d) A total of six children in the care or custody of the Department.
2. (2) When counting the children under (a)-(c) of this rule, each child living in the home is included.

3. (3) A Child Welfare Program Manager or designee may approve placing an additional child in the home in special circumstances.

   1. (a) Special circumstances for (1)(a)-(c) include, but are not limited to:

      1. (A) To allow a parenting child to remain with their child;
      2. (B) To allow siblings to remain together;
      3. (C) To allow a resource parent with special training or skills to provide care to a child with specific needs.

   2. (b) Special circumstances for (1)(d) include:

      1. (A) To allow a parenting child to remain with their child;
      2. (B) To allow siblings to remain together;
      3. (C) To allow a child to be placed with a caregiver who has an emotionally significant relationship with the child.
      4. (D) To allow a resource parent with special training or skills to provide care to a child with a disability.

   3. (c) In these special circumstances under (3)(a) and (b), the certifier must assess:

      1. (A) The skills and abilities, willingness, and training of the resource parent related to the quantity of services required for each child to be placed in the home;
      2. (B) The skills and abilities of the resource parent to meet the safety, health, and well-being needs of each child to be placed in the home;
      3. (C) The amount of support the 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;
      4. (D) The maximum safe physical capacity of the home, including sleeping arrangements; and
      5. (E) The plan for each individual to escape from the home in case of fire or other emergency.
4. (4) The certifier must document the assessment described in subsection (b) of section (3) of this rule on a form approved by the Department, including the sustainability of the plan and any actions the Department may take to ensure continued child safety, health and well-being in the home, and obtain Child Welfare Program Manager or designee approval prior to permitting the home to exceed the maximum capacity specified in section (1) of this rule.
5. (5) The Department may at its discretion modify any certificate issued under OAR 413-200-0270 to 413-200-0298 to increase or decrease the maximum capacity or the age range of the children for whom the resource parent is certified within the limits prescribed in this rule.

Statutory/Other Authority

ORS 418.005, ORS 418.640 & ORS 409.050

Statutes/Other Implemented

ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, 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 36-2011, f. 12-27-11, cert. ef. 12-28-11
CWP 2-2009, f. & cert. ef. 2-2-09
CWP 24-2008(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