1. (1) Except as provided in section (3)(c) of this rule, certified respite provider, relative resource parent or a resource parent may not exceed the following maximum capacity:

   1. (a) A total of four children to one Certified Respite Provider adult living in the home;
   2. (b) A total of seven children to two Certified Respite Provider adults living in the home;
   3. (c) A total of two children under the age of three; or
   4. (d) A total of 6 children receiving the respite care service simultaneously in the home through an open child welfare case or a child in the care or custody of the Department.
2. (2) When counting the children under (1)(a)-(c) of this rule, all children living in the home are included.

3. (3) A respite episode may only be for concurrent care to multiple children in care under the following circumstances:

   1. (a) When children are currently in the same placement together ; or
   2. (b) When children in care are siblings.

   3. (c) A Child Welfare Program Manager or designee may approve an episode of respite in special circumstances that does not meet the criteria in (a) or (b)

      1. (A) Special Circumstances include, but are not limited to:

         1. (i) A certified respite provider, relative resource parent or resource parent to provide  certified respite to a child through an open or in the care or custody of the department who are not in the same placement setting.
         2. (ii) To exceed capacity to allow siblings to remain together for respite episode

      2. (B) In these special circumstances the certifier must assess:

         1. (i) The skills and abilities, and willingness of the certified respite provider, certified resource parent or relative resource parent related to the supervision required for each child to receive care in the home; and
         2. (ii) The skills and abilities of the certified respite provider, resource parent, relative resource parent to meet the safety, health, and well-being needs of each child to receive respite care in the home; and
         3. (iii) The needs of the children have been determined to be appropriate to receive respite concurrently; and
         4. (iv) The maximum safe physical capacity of the home, including sleeping arrangements; and
         5. (v) The plan for each individual to escape from the home in case of fire or other emergency.
4. (4) The certifier must document the assessment described in section (3)(B) of this rule on a form approved by the Department, including the sustainability of the plan and any actions the Department may take to ensure continued child safety, health and well-being in the home, and obtain Child Welfare Program Manager or designee approval prior to permitting the home to exceed the maximum capacity for the respite episode.
5. (5) The Department may at its discretion modify any respite certificate of approval issued under OAR 413-205-0010 to increase or decrease the maximum capacity or the age range of the children for whom the certified respite provider has been approved within the limits prescribed in this rule.
6. (6) A Certified Respite Provider may not accept a child for respite from another agency without prior approval of the Department.
7. (7) A Certified Respite Provider may not provide formal or informal adult foster care, respite care, or child care without prior approval of the Department.

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 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