1. (1) A certifier must conduct a minimum of one home visit every 90 days which must include:

   1. (a) Face-to-face contact with at least one certified individual.
   2. (b) Verbal contact with both certified individuals
2. (2) A certifier must assess a certified respite provider's compliance with OAR 413-205-0028 to 413-205-0085 and ability to continue to meet the safety, health and well-being needs for a child being served in their home through an open child welfare case or a child in the care or custody of the Department at each home visit and complete the following activities when applicable:
3. (3) Whenever it becomes known that the certified respite provider wishes to become an in-home child care, an adult foster care, or an in-home adult day care provider, seek approval from the Child Welfare Program Manager or designee on a form approved by the Department;

4. (4) Whenever it becomes known that another adult, not in the care or custody of the Department, is living in the household or the Department has reason to believe that a child, not being served in their home with an open child welfare case or in the custody of the Department, who lives in the home, an alternative care provider, or a person who frequents the home poses a risk to a child in the care or custody of the Department:

   1. (a) Assure completion of a criminal records check under OAR 413-208-0000 and follow requirements in OAR 413-208-0005 to OAR 413-208-0035;
   2. (b) Assure completion of a child abuse history background check and assess any safety concerns as outlined in OAR 413-205-0015; and
   3. (c) Document the information considered and the results of any fitness determination or safety assessment on a form approved by the Department.
   4. (d) Whenever it becomes known that a certified respite provider or other member of the household, or convicted of a crime not previously assessed and approved:
   5. (e) Assure completion of a criminal records check under OAR 413-208-0000 and follow requirements in OAR 413-208-0005 to 413-208-0035 whenever it becomes known that certified respite provider or other member of the household excluding any child in the care or custody of the Department has been arrested or convicted of a crime not previously assessed and approved.
   6. (f) Document the information considered and the results of any fitness determination or safety assessment on a form approved by the Department.
   7. (g) Seek input from the caseworkers of children who received respite in the home during the past 90 days and assess the conditions that appear to exist in the home that affect safety, health, and well-being for children receiving respite.
   8. (h) Assess the information that the certifier learns from the certified respite provider, members of the household, caseworkers, and the home visit in section (1) of this rule, to determine whether conditions appear to exist in the home that affect safety, health, and well-being for the child receiving respite care in the home.
   9. (i) Complete the activities under OAR 413-205-0045 when a Child Welfare Program Manager or designee has approved exceeding the maximum capacity specified in OAR 413-205-0045(3)(c).
   10. (j) Document the contacts with the certified respite provider and the assessment information obtained under this rule in the provider record of the Department’s electronic information system.
   11. (k) The Department must approve each episode of certified respite care with a Certified Respite Provider, taking into consideration the ratios outlined in OAR 413-205-0045, as well as the Certified Respite Provider’s ability to provide for the safety, health, and well-being for the child or being served in their home through an open child welfare case or a child or in the care or custody of the Department.
5. (6) When there is an allegation of abuse involving a certified respite provider, the certified respite provider must be placed on Inactive Referral Status and must not be utilized for certified respite care during the assessment process.

6. (7) During and at the conclusion of a child protective services assessment regarding an allegation of child abuse involving a certified respite provider follow the requirements of OAR 413-015-0601 to 413-015-0608.

   1. (a) When the assigned certifier or certification supervisor is notified that information received by a screener involving a certified respite provider is referred for a CPS assessment, within one business day after the CPS worker has made initial contact with the certified respite provider, the certifier must:

      1. (A) Contact and notify the certified respite provider and provide them with the following information:

         1. (i) The certifier is available to answer questions related to certification but must not discuss the specifics of the CPS assessment;
         2. (ii) The certified respite provider is immediately placed on Inactive Referral Status pending the completion of the CPS assessment; and
         3. (iii) The certified respite provider has the option of having a certified resource family or certified respite provider available for support during the assessment.
      2. (B) Document the initiation of a CPS assessment and the placement of the certified respite provider on Inactive Referral Status in provider notes in the Department's electronic information system.
      3. (C) Notify Department staff responsible for respite episode approval that the certified respite provider is on Inactive Referral Status.
   2. (b) Within 14 days of the notification required in paragraph (3)(a)(A)(ii) of this rule, the Department must provide written notification to the Certified Respite Provider that the home has been placed on Inactive Referral Status and place a copy of the written notification in the certification file.
   3. (c) The certifier must provide ongoing information regarding the certified respite provider and any individuals living in the home to the assigned CPS worker and the caseworkers of each child or identified in the CPS assessment.
   4. (d) If the certifier is unavailable, the certification supervisor must ensure that the actions required in subsections (a) through (d) of this section are completed.

   5. (e) At the conclusion of the CPS assessment, the certifier and certification supervisor must:

      1. (A) Staff the case and review all the information in the CPS assessment; and
      2. (B) Determine whether the information indicates certification actions described in OAR 413-205-0000 to 413-205-0085 should be taken; and
      3. (C) Ensure documentation of the results of the staffing in provider notes in the Department's electronic information system.

Statutory/Other Authority

ORS 418.005, ORS 409.050 & ORS 418.640

Statutes/Other Implemented

ORS 418.005, ORS 409.010, ORS 418.640, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648

History

CWP 54-2026, amend filed 04/29/2026, effective 05/01/2026
CWP 22-2025, temporary amend filed 12/24/2025, effective 12/24/2025 through 06/21/2026
CWP 70-2023, adopt filed 06/29/2023, effective 06/29/2023
CWP 27-2022, temporary adopt filed 12/27/2022, effective 01/01/2023 through 06/29/2023