1. (1) Respite applicants have the burden of proving they possess the required qualifications to be approved as a Certified Respite Provider.

2. (2) A respite applicant must as determined by the Department pursuant to OAR 413-205-0000 to OAR 413-205-0085:

   1. (a) Exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior;
   2. (b) Manage the home and personal life;
   3. (c) Maintain conditions in the home that provide for the safety, health, and well-being for the child being served in their home through an open child welfare case or a child in the care or custody of the Department and be able to meet the safety, health, and well-being needs for that child;
   4. (d) Have supportive relationships with adults and children living in the household and with others in the community
   5. (e) Have a lifestyle and personal habits free of criminal activity, and abuse or misuse of alcohol or drugs; and
   6. (f) Have the physical and mental capacity to care for a child being served in their home through an open child welfare case, or in the care or custody of the Department. Upon request, be willing to provide copies of medical reports from a health care professional, and be willing to participate in an expert evaluation and authorize the Department to obtain a report from the evaluator;
   7. (g) Demonstrate an ability to learn and apply effective childrearing and behavior intervention practices focused on helping a child grow, develop, and build positive personal relationships and self-esteem;
   8. (h) Respect, accept and support the race, ethnicity, cultural identities, national origin, immigration status, sexual orientation, gender identity, gender expression, disabilities, spiritual beliefs, and socioeconomic status, of a child  being served in their home through an open child welfare case or a child  in the care or custody of the Department, and provide opportunities to enhance the positive self-concept and understanding of the child ’s heritage;

   9. (i) Assure that all members of the household, excluding a child being served in their home through an open child welfare care or in the care or custody of the Department:

      1. (A) Exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior, within the individual's developmental and cognitive abilities;
      2. (B) Do not pose a risk to the safety, health, and well-being needs of a child being served in their home with an open child welfare case or in the care or custody of the Department;
      3. (C) Have a lifestyle and personal habits free of criminal activity, and abuse or misuse of alcohol or drugs; and
      4. (D) Cooperate with the Department's assessment of the household.

3. (3) To maintain a Respite Certificate of Approval, in addition to continuing to meet the personal qualifications listed in OAR 413-205-0035, a Certified Respite Provider must:

   1. (a) Follow the department direction and that of the certified resource parent, relative resource parent or parent of the child  being served in their home through an open child welfare case or in the care and custody of the department regarding care of the child and use positive non-punitive discipline;
   2. (b) Follow agreed upon routines and schedules of the child or as provided by the certified resource parent, relative resource parent, or parent of a child who is being served in their home through an open child welfare case or in the case or custody of the department ; and
   3. (c) Follow the case plan and/or the supervision plan (if applicable) provided by Department staff or the resource parent, relative resource parent or, parent
   4. (d) Use reasonable efforts to prevent anyone from influencing any child regarding allegations in a judicial or administrative proceeding in which the family or legal guardian of the child or another individual may be involved.

Statutory/Other Authority

ORS 418.005, ORS 409.050, ORS 418.640, 45 CFR § 84.60, 45 CFR § 84.68 & 28 CFR 35.130

Statutes/Other Implemented

ORS 418.005, ORS 409.010, ORS 418.640, Section 504 of the Rehabilitation Act, 29 USC § 794, ADA Subchapter II, 42 USC §§ 12131 – 12134, 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 9-2025, amend filed 07/09/2025, effective 07/09/2025
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