Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 360
ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
411-360-0040
License Required
(1) Any home that meets the definition of an AFH-DD as defined in OAR 411-360-0020 must first apply for and obtain a license from the Department or an exempt area county before providing care and services for compensation to an individual.
(2) A person or entity may not represent themselves as operating an AFH-DD or accept placement of an individual without being licensed as an AFH-DD.
(3) No person, employed and requiring a background check may be a provider, resident manager, substitute caregiver, or otherwise be in training, employed by the provider, a volunteer for the AFH-DD, or reside in or on the property of an AFH-DD who:
(a) Has been convicted of any of the disqualifying crimes listed in OAR 407-007-0275;
(b) Has not complied with Department rules for review of background checks in accordance with OAR 407-007-0200 to 407-007-0370; or
(c) Has been disapproved to work based on current Department policy and procedures for background checks in accordance with OAR 407-007-0200 to 407-007-0370.
(4) Section (3) of this rule does not apply to individual service recipients of the AFH-DD.
(5) Section (3)(a) of this rule does not apply to employees hired prior to July 28, 2009.
(6) LIMITED LICENSE. Any home that meets the definition of a limited license AFH-DD as defined in OAR 411-360-0020 must apply for and obtain a license from the Department before providing care and services to an individual for compensation.
(a) To qualify for a limited license and for compensation from the Department, the provider must:
(A) Submit a completed provider enrollment agreement, application for a limited license, appropriate licensing fee, physician’s statement, and a background check in regards to criminal records, founded abuse of children, and substantiated abuse of an adult;
(B) Demonstrate a clear understanding of the individual’s care, service, and support needs;
(C) Acquire any additional training necessary to meet the specific care, service, and support needs of the individual;
(D) Meet the standards of an AFH-DD;
(E) Meet minimal fire safety compliance including the installation of smoke alarms, carbon monoxide alarms, and fire extinguishers; and
(F) Obtain any training deemed necessary by the Department to provide adequate care and services to support the individual.
(b) A limited license is limited to the care and services of the individual named on the license only and may not be transferred to another individual.
(7) PROVISIONAL LICENSE. Any AFH-DD that meets the definition of a provisional license, due to an emergency situation in which the licensed provider is no longer able to oversee the operation of the AFH-DD, must be licensed by the Department. The applicant for the provisional license must meet the standards in OAR 411-360-0070 and 411-360-0110.
Statutory/Other Authority: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 443.705 - 443.825
History:
SPD 34-2013, f. & cert. ef. 9-27-13
SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10
SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10
SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SPD 3-2005, f. 1-10-05, cert. ef 2-1-05