1. (1) The Department may deny a respite application if:

   1. (a) Any reasons in OAR 413-205- 0010 (3) exist;
   2. (b) The certified respite applicant fails to provide requested information within 90 days of a written request from the Department; or
   3. (c) When the certified respite applicant, or other adult member of the household has been identified as the perpetrator, alleged perpetrator, or respondent of abuse in a child protective services assessment founded disposition, unable to determine disposition, substantiated, inconclusive or a similar disposition from another agency or state as described in 413-205-0015(1)(i).
   4. (d) If during the five years prior to the date an application is received by the Department, the certified respite applicant has had a previous application for certification denied or a prior certificate revoked from any state, department, or agency.

2. (2) The Department may deny a certified respite application or revoke a Certified Respite Certificate of Approval, when:

   1. (a) The respite applicant or certified respite provider does not meet or no longer meets one or more of the certification standards in OAR 413-205-0028 to 413-205-0085;
   2. (b) The Department has determined that the respite applicant or the certified respite provider does not meet or cannot continue to provide for the safety, health or well-being needs of a child in the care or custody of the Department;
   3. (c) The Department discovers a respite applicant or certified respite provider has falsified information by act of commission or omission;
   4. (d) The respite applicant or certified respite provider fails to provide information to the Department or fails to inform the Department of any disqualifying condition, including a disqualifying condition that arises after the respite certificate of approval has been issued;
   5. (e) The respite applicant or certified respite provider is found to have interfered or hindered an investigation of abuse of a child, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child who is the subject of the investigation or with witnesses;

   6. (f) A certified respite provider interferes with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child receiving respite care from the certified respite provider, violations of certification requirements, criminal activity in the certified respite providers home, violations of state or federal laws or any practice that threatens the health and safety of a child to:

      1. (A) Oregon Department of Human Services;
      2. (B) A law enforcement agency;
      3. (C) A family member, guardian or other person who is acting on behalf of the child.
   7. (g) An adult member of the household or a person who frequents the home is found to have a disqualifying conviction under OAR 413-120-0450(3) or (4) or an authorized designee makes a negative fitness determination;

3. (3) The Department must take action to revoke a certification when, at the conclusion of a child protective services assessment, the Department determines there is an impending danger safety threat in the certified respite providers home, unless:

   1. (a) The certified respite provider provides a request to voluntarily terminate the certificate; and
   2. (b) The Department agrees to accept the voluntary termination of the certificate.
4. (4) If the Department decides to deny an application for a respite certificate of approval, renewal of a respite certificate, or a Change of Status, or decides to revoke a respite certificate, the Department must provide an respite applicant or certified respite provider a written notice of intent to deny the application or revoke the certificate, which must state the reasons for the action and comply with OAR 413-010-0510.
5. (5) When the Department has issued a written notice to revoke a Respite Certificate of Approval before the stated expiration date on the certificate, the certificate must not expire until there is a final order on the notice to revoke the certificate.
6. (6) The Department may deny an application for a certified respite certificate of approval if, during the five years prior to the date an application is received by the Department, the certified respite applicant has had a previous application for certification denied or a prior certificate revoked, from any state, department or agency.

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 11-2026, minor correction filed 02/25/2026, effective 02/25/2026
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