1. (1) The respite applicant or Certified Respite Provider must demonstrate a willingness to understand the meaning of the behaviors and have the ability to develop and use appropriate discipline strategies to address challenging behaviors.

2. (2) The respite applicant or Certified Respite Provider must not do any of the following to a child being served in their home through an open child welfare case or a child in the care or custody of the Department receiving care in the home:

   1. (a) Use or threaten physical force;
   2. (b) Use threats or intimidation;
   3. (c) Withhold food or other items essential to protection, safety, or well-being;
   4. (d) Discipline all children in the household for the misbehavior of one child;
   5. (e) Use intentional infliction of physical force causing pain;
   6. (f) Use derogatory remarks about the child, or the family characteristics, physical traits, culture, ethnicity, language, immigration status, sexual orientation, gender identity and expression, or traditions of the child;
   7. (g) Deny, or threaten to deny, visits, telephone contact, or other types of contact with an individual authorized in a visit and contact plan, including contacts and visits with siblings;
   8. (h) Assign extremely strenuous exercise or work;
   9. (i) Use or threaten the use of a restraint or restraining devices. Restraining devices do not include a vehicle safety restraint such as a seat belt or age and size-appropriate safety seat, when used in accordance with the manufacturer’s instructions;
   10. (j) Impose a sanction, penalty, consequence, or reprimand for bed-wetting or during toilet training;
   11. (k) Direct or permit a child to punish or discipline another child;
   12. (l) Threaten removal from the Certified Respite Provider’s home;
   13. (m) Force or require a shower or bath as a consequence, or reprimand;
   14. (n) Impose extreme isolation that restricts the ability to talk with or associate with others; or
   15. (o) Lock in a room or outside of the home.
   16. (p) Reprimand or discipline in any manner due to the child discussing their child welfare experience, including the child’s experience in the home of the certified respite provider.
3. (3) The Certified Respite Provider may use a time-out only for the purpose of giving the child being served in their home through an open child welfare case or a child in the care or custody of the Department receiving care in the home a short break from the situation. The Certified Respite Provider must take into consideration the age and developmental level in determining the length of a time-out and the child must be in a seating from which the child is not prevented from leaving by any means.
4. (4) The certified respite provider may use devices such as a high chair, play pen, and crib within the manufacturer guidelines in accordance with the age and developmental level of the child.
5. (5) The Certified Respite Provider must notify and request assistance of the Department when the challenging behavior of a child being served through an open child welfare case or a child in the care or custody of the Department may be beyond the ability of the Certified Respite Provider to discipline in a positive manner while providing respite care.
6. (6) A certified respite provider may not subject any child to abuse, as described in ORS 419B.005, 418.257 and OAR 413-015-0115.

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 16-2024, amend filed 05/31/2024, effective 06/03/2024
CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 06/17/2024
CWP 76-2023, minor correction filed 07/10/2023, effective 07/10/2023
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