1. (1) When an application for respite certification renewal is received before the current Respite Certificate of Approval expires the Department must reassess the certified respite provider to determine whether to renew the certificate for two additional years.
2. (2) When the Certified Respite Provider has submitted an application for renewal, the current certificate does not expire, despite any expiration date, until the Department has renewed the certification, the renewal application is withdrawn, or there is a proposed and final order denying the application.
3. (3) The Department may terminate the assessment process at any time and deny the application for respite certification renewal for one or more of the reasons in OAR 413-205-0025.

4. (4) To complete the assessment and renew a Respite Certificate of Approval, the certifier must complete all of the following:

   1. (a) Review the completed application for renewal of a Respite Certificate of Approval;

   2. (b) Conduct a minimum of one visit to the home of the Certified Respite Provider and:

      1. (A) Have face-to-face contact with each member of the household;
      2. (B) Observe and assess the safety of the physical environment;
      3. (C) Walk through each room in the primary residence and each surrounding building and structure on the property, unless the building or residence is a self-contained, separate-entry residence rented to or owned by another individual; and
      4. (D) Complete a safety assessment of the home and surroundings using a form approved by the Department.
   3. (c) Confirm completion of required Certified Respite Provider training;
   4. (d) Assess information received about the care of children who received respite in the care of the Certified Respite Provider during the last certification period;

   5. (e) Assure completion of criminal records checks on each respite applicant for renewal and each other adult member of the household, and, at the Department's discretion, any child not in the care and custody of the Department and living in the home, when there is reason to believe the child may pose a risk to a child receiving respite care services described in OAR 413-208-0005 to 413-208-0030. A fingerprint-based criminal offender records check of national crime information databases is not required for an application for renewal of a Respite Certificate of Approval, unless a respite applicant or other adult member of the household has lived outside of Oregon for more than 60 consecutive days within the two-year certification period or has been arrested or convicted during the two-year certification period;

      1. (A) Assess any safety concerns regarding the fitness of a respite applicant, or other adult member of the household, pursuant to OAR 413-208-0005 and 413-208-0030; and
      2. (B) If appropriate, request approval to complete respite certification of the respite applicant despite the new criminal offender history of the respite applicant or other adult member of the household.
      3. (C) If a respite applicant or other member of the household has a disqualifying conviction under OAR 413-208-005 to 413-208-0030 or the authorized designee makes a negative fitness determination with respect to the individual, the Department must issue a proposed and final order denying certification unless the respite applicant withdraws the application.

   6. (f) Assure completion of child abuse history background checks for each respite applicant and each other adult member of the household;

      1. (A) If a respite applicant or other adult member of the household, has lived outside the state of Oregon or outside of the United States for more than 60 consecutive days during the two-year certification period, a child abuse history background check must be obtained from each state and requested from each country where the individual resided during the two-year certification period.
      2. (B) Assess any safety concerns regarding the respite applicant, or other adult members of the household, raised by information learned from the child abuse history background check.

      3. (C) When a respite applicant for renewal or other adult member of the household, has been identified as the perpetrator or alleged perpetrator, or respondent of abuse in a child protective services assessment in a founded disposition, substantiated disposition, unable to determine disposition, or inconclusive disposition for abuse to a child, or a similar disposition from another division of the Department, agency or state, which has not previously been approved, consult with the certification supervisor about whether to seek approval from the Child Welfare Program Manager to continue with the assessment for renewal:

         1. (i) If the decision is to seek approval, the Child Welfare Program Manager must consider the information and safety concerns and may approve or deny continuing the assessment for renewal.
         2. (ii) If the decision in subparagraph (i) of this paragraph is to deny continuing with the assessment for renewal, the Department may terminate the assessment process and, unless the application is withdrawn, proceed to deny the application under OAR 413-205-0025.
         3. (iii) The information considered, including the safety concerns assessed, and the decision must be documented on a form approved by the Department.
   7. (g) Review and assess whether conditions appear to exist in the home that affect the safety, health, or well-being of a child being served in their home through an open child welfare case, or in the care or custody of the Department receiving certified respite care;
   8. (h) Review and analyze the Certified Respite Provider's skills and abilities in maintaining conditions in the home that provide for the safety, health, and well-being and their ability to meet the safety, health, and well-being needs for the child being served through an open child welfare case, or in the care or custody of the Department receiving respite care; and
   9. (i) When recommending renewal of the Respite Certificate of Approval, update the approval on a form approved by the Department, including results of the assessment activities completed in subsections (a) to (h) of this section and submit to the certification supervisor for approval.

5. (5) Before the Department may renew a Respite Certificate of Approval, a certification supervisor must:

   1. (a) Assure the certifier has completed all assessment activities required by subsections (1)(a) to (i) of this rule and review the certifier’s assessment of the Certified Respite Provider;
   2. (b) Review the approval update; and
   3. (c) Determine whether to approve or deny the application for renewal.
6. (6) When the certification supervisor approves the certified respite application for renewal, the Department may issue a new Respite Certificate of Approval, valid for two years from the expiration date of the current Respite Certificate of Approval.
7. (7) If the certification supervisor decides not to approve the respite application for renewal, the Department must proceed to deny the application as outlined in OAR 413-205-0025 unless the certified respite provider voluntarily withdraws their application. The current certificate continues until its expiration date unless the Department proceeds to revoke the certificate as outlined in OAR 413-205-0025 or the certified respite provider requests to voluntarily terminate the certificate and the Department accepts the family’s request. If the certificate did not expire under section (8) of this rule and the certified respite provider withdraws the application, the certificate terminates.
8. (8) Pursuant to ORS 183.430, if the Certified Respite Provider has submitted a timely application and the Department does not complete the activities in section (4) of this rule before the stated expiration date on the Certified Respite Provider's Respite Certificate of Approval the Certified Respite Provider's Certificate of Approval does not expire until the Department has issued a new Certificate of Approval or there is a final order denying renewal.

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, adopt filed 04/29/2026, effective 05/01/2026