Or. Admin. R. 413-200-0289
Responsibilities Regarding Withdrawal of an Application, Termination of a Certification
Effective Mar 20, 2026ORS 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 418.627, 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 418.648Department of Human Services
- (1) When an applicant requests to withdraw their application for certification or adoption under OAR 413-200-0314, the certifier must document their communication regarding the applicant's request.
- (2) An application may be considered to be withdrawn if, during the assessment process, the applicant fails to respond to a written request for contact from the certifier, the adoption worker, or the supervisor of the certifier or adoption worker within 30 days of the request.
- (3) An application may be considered to be withdrawn if ICPC placement approval has expired or when the sending state notifies the department the child will not be placed.
(4) When a resource parent requests the Department terminate their certification, the certifier must:
- (a) Terminate the certificate on a date to be determined by the Department and the resource parent, notify the resource parent of the date the certificate was terminated and document the reasons for termination of the certificate; or
- (b) If the Department intends to revoke the certificate, determine with a Child Welfare Program Manager or designee whether to accept the request to terminate the certificate or continue with the revocation process, inform the resource parent of the Department’s decision, and document the Department’s decision regarding the resource parent’s request.
(5) The Department must terminate a Temporary Certificate of Approval or a Child-Specific Non-Relative Certificate of Approval on the expiration date of the Certificate, or 60 calendar days after the child placed in the home moves from the home of the resource parent, whichever is earlier, unless at least one of the following applies:
- (a) An individual with a Child-Specific Non-Relative Certificate of Approval who intends on providing certified respite to support the child and family during reunification.
- (b) The resource parent submits a written request to change the type of certificate from a Child-Specific Non-Relative Certificate of Approval to a Certificate of Approval under section (8) and (9) of this rule within 60 calendar days of the departure of the specific child from the home.
- (c) The resource parent requests to voluntarily terminate the Temporary Certificate of Approval or Child-Specific Non-Relative Certificate of Approval, and the Department agrees to terminate the certificate;
- (d) The Department determines the child placed in the home is removed because the resource parent cannot provide for the safety, health, or well-being needs of the child placed in the home and has violated one or more rules under OAR 413-200-0301 to 413-200-0396; or
- (e) OAR 413-200-0296(4) applies.
- (6) The Department may terminate a Temporary Certificate of Approval 60 calendar days after issuance if the specific child is not placed in the home.
(7) When the Department determines that subsection (3)(c) of this rule applies, the Department must determine whether to revoke the Temporary Certificate of Approval or Child Specific Non-Relative Certificate of Approval.
- (a) If the decision is to revoke, the Department must issue a notice of intent to revoke the Temporary Certificate of Approval or Child Specific Non-Relative Certificate of Approval.
- (b) If the decision is not to revoke, the Department may terminate the certificate.
(8) When a resource parent with a Temporary Certificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Temporary Certificate of Approval remain the same, the certifier must:
- (a) Update the application to reflect the accurate applicant type;
- (b) Ensure all activities under OAR 413-200-0274 are complete before issuing a Certificate of Approval; and
- (c) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-208-0010(9).
(9) When a resource parent with a Child-Specific Non-Relative Certificate of Approval seeks to change the type of certificate to a Certificate of Approval, and when the individual or individuals who hold the Child-Specific Non-Relative Certificate of Approval remain the same the certifier must:
- (a) Provide the resource parent with an application change from a Child-Specific Non-Relative Certificate of Approval to a Certificate of Approval;
- (b) Assess the family's ability to provide for the safety, health, and well-being needs of a non-specific child in the care or custody of the Department pursuant to the requirements of OAR 413-200-0274 and the resource parent’s compliance with OAR 413-200-0301 to 413-200-0396;
- (c) Document the assessment in the provider record; and
- (d) If a fitness determination had previously been made, assure completion of a new fitness determination under OAR 413-208-0010(9).
(10) Before the Department may change the type of certificate under sections (8) and (9) of this rule, a certification supervisor must:
- (a) Assure the certifier has completed all activities required by section (8) and (9) of this rule;
- (b) Review the certifier’s assessment of the resource parent; and
- (c) Determine, upon completion of the review in subsection (b) of this section, whether to approve or not approve the resource parent’s application to change the Child-Specific Non-Relative Certificate of Approval to a type of certificate that does not limit the family to care for a specific child.
- (11) If the certification supervisor decides to approve the resource parent’s application to change the Child-Specific Non-Relative Certificate of Approval to a type of certificate that does not limit the resource parent to care for a specific child in care, the Department must issue a Certificate of Approval with the same end date as the current certificate to the resource parent.
- (12) If the certification supervisor decides not to approve the resource parent’s application to change the type of certificate to one that does not limit the family to care for a specific child, the Department must proceed to issue a proposed and final order to deny the application as outlined in OAR 413-200-0296 unless the resource parent voluntarily withdraws the application as provided in OAR 413-200-0314.
- (13) No child in the care or custody of the Department may remain in the home if there is not an active certificate or the Department has taken an action to revoke certification, unless a court has ordered the child to remain in the home.
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 418.627, 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 47-2026, minor correction filed 03/20/2026, effective 03/20/2026
CWP 8-2026, minor correction filed 02/24/2026, effective 02/24/2026
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 4-2007, f. & cert. ef. 3-20-07