justicedao/ipfs_state_laws huggingface dataset:
416-315-0030 Grievance A county that disagrees with any OYA action or decision during the approval process may request a formal or informal hearing to grieve a particular OYA action. (1) To request an informal grievance, the county will inform the OYA that the YCC program wishes to informally grieve a particular action. (a) Within seven working days of receiving the request, the OYA will contact the YCC program to schedule a meeting designed to define the problem, identify the desired outcome, and establish a plan for resolution. (b) The results of the meeting will be provided in writing to the YCC program, and include the steps necessary to initiate a formal grievance review if the county remains dissatisfied. (2) The county will inform the OYA in writing the desire to initiate a formal grievance. (a) Within 10 calendar days of receiving the request, the OYA will contact the YCC program to schedule a review of the matter. (b) The review will be held within 30 calendar days of the request, unless the YCC program and the OYA mutually agree to a delay. All involved parties will be notified in writing of the date and time for the review. (c) The review will be held at the YCC program and during normal working hours, unless the YCC program requests a different time or location, and prior authorized by the OYA. (d) The Deputy Director, or designee, will convene a Program Review Committee. Individuals may be selected from external and internal stakeholders and experts as indicated by the YCC program to be reviewed. (e) The review will be recorded, and the recording preserved until the grievance is resolved or for two years, whichever is longer. (3) Only information directly related to issue(s) of the grievance will be considered. (4) Copies of documents relied upon will be provided to the YCC program and the OYA. If information contained within those documents is confidential, as defined by federal or state laws or policies, it will be redacted and the non-confidential portions will be provided. (5) Within 10 working days of completing the review, the OYA will prepare a written decision. The decision will include directions to the county for filing an appeal to the Director. (6) A copy of the decision will be sent to the YCC program as soon as practical following its completion. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.855 - 420.885 History: OYA 12-2005, f. & cert. ef. 6-13-05
416-320-0000 Purpose These rules describe the process OYA staff will use to issue and cancel arrest orders and All Points Bulletins. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.905 - 420.915 History: OYA 7-2003, f. & cert. ef. 9-23-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-320-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) All Points Bulletin (APB): A notification that OYA sends to Oregon law enforcement agencies to advise them that an adjudicated youth has escaped from a close-custody facility or is absent without authorization from parole status in the community. (3) Superintendent’s authorized representative: A camp director or Community Services management staff. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.905 – 420.915 History: OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2015, f. & cert. ef. 10-7-15 OYA 7-2003, f. & cert. ef. 9-23-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-320-0020 Placement of APBs and Arrest Orders (1) OYA will issue an All Points Bulletin (APB) and arrest order when an adjudicated youth: (a) Escapes or is absent without authorization from a close-custody facility; (b) Is absent without authorization from parole supervision in the community; or (c) Violates the adjudicated youth’s conditions of parole. (2) An OYA superintendent or superintendent’s authorized representative may issue an APB or arrest order; or request the committing court to issue a warrant. (3) OYA staff authorizing an APB or arrest order must ensure that reasonable grounds exist for placing an APB or arrest order prior to issuance. (4) OYA must document the name and address of the person or agency to whom the APB or arrest order was sent. (5) OYA must immediately contact the placing facility or court to cancel the APB or arrest order when the adjudicated youth has been detained. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.905 - 420.915 History: OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2015, f. & cert. ef. 10-7-15 OYA 7-2003, f. & cert. ef. 9-23-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-320-0030 Exceptions These rules do not apply to persons placed in OYA supervision via an interstate compact, to persons placed in OYA facilities under ORS 137.124, or to persons transferred to a youth correctional facility from a county sheriff. If an APB or arrest warrant is necessary in one of these cases, OYA will immediately notify the appropriate party (interstate compact administrator, Oregon Department of Corrections, or county sheriff). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.905 – 420.915 History: OYA 17-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2015, f. & cert. ef. 10-7-15 OYA 7-2003, f. & cert. ef. 9-23-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-330-0000 Purpose Adjudicated youth committed to Oregon Youth Authority (OYA) custody may be placed in substitute care as determined by OYA according to Oregon laws, and OYA policies and procedures. The purpose of these rules is to establish standards for OYA substitute care providers and ensure that the best interests of adjudicated youth are met when making out-of-home placements. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017 OYA 12-2004, f. & cert. ef. 10-1-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-330-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) Adjudicated youth foster home: A home in the community that is maintained and lived in by an OYA-certified foster parent who provides supervision, food, and lodging for an adjudicated youth in that home. (3) Residential treatment facility: A facility that provides, for six or more individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties. (4) Substitute care: An out-of-home placement in the community for an adjudicated youth that provides 24-hour-a-day care and treatment, including adjudicated youth foster homes, residential treatment facilities, and transitional housing programs. (5) Transitional housing program: A program that provides adjudicated youth with supervised housing, life skills development, employment assistance, vocational development, and other needed wraparound services. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017 OYA 12-2004, f. & cert. ef. 10-1-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-330-0020 Administration (1) A person or organization must have one of the following to provide substitute care services to an adjudicated youth in OYA custody: (a) Residential treatment facility or adjudicated youth foster home: A current, valid license issued by the State of Oregon that specifies the location of the program and the type of services the program is authorized to provide; or (b) Transitional housing program: A written contract or agreement with OYA that defines services, population served, roles, and responsibilities. (2) OYA has the right of entry, privilege of inspection, and access to staff and all records of work relating to adjudicated youth for the purpose of ensuring compliance with federal and state laws and rules, applicable contract/agreement language, and OYA policies and procedures. (3) Substitute care programs must employ staff and use volunteers whose presence does not jeopardize the health, safety, or welfare of adjudicated youth. (4) Program staff and volunteers must demonstrate the knowledge and ability to care for adjudicated youth within the generally accepted professional standards of care. (5) When staff or volunteers are required to maintain professional licenses or certificates in order to provide services to adjudicated youth, the staff or volunteers must comply with any standards that are applicable to their licenses or certificates. (6) Adjudicated youth foster care providers must meet the requirements in OAR 416, division 530. (7) Behavior Rehabilitation Services programs provided through contract with OYA must meet the requirements in OAR 410-170-0000 through 410-170-0120, and OAR 416-335-0000 through 416-335-0100. (8) The provisions of OAR 416, division 800 apply. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017 OYA 12-2004, f. & cert. ef. 10-1-04
416-330-0030 Placement decisions (1) OYA may consider an adjudicated youth for substitute care placement when OYA determines the adjudicated youth's behavior can be managed with minimal threat of harm to self or others in an available and appropriate substitute care resource. (2) Notwithstanding OAR 416-330-0030(1), OYA must not consider an adjudicated youth for placement in substitute care if the adjudicated youth is 19 years old or older at the time of the adjudicated youth’s commitment to OYA. (3) OYA has sole discretion in deciding recommendations for adjudicated youth substitute care referrals and placement. (4) OYA must consider the following when deciding an adjudicated youth’s substitute care placement recommendation and referral: (a) The adjudicated youth’s legal parent’s or legal guardian’s advisement regarding placement; (b) The adjudicated youth’s placement preference; (c) The adjudicated youth’s religious, cultural, and ethnic heritage; (d) The adjudicated youth’s medical, physical, and psychological needs; (e) The adjudicated youth’s behavioral treatment needs; and (f) Community protection. (5) OYA may seek advice from a person who shares the same religious, cultural, or ethnic heritage as an adjudicated youth when determining a substitute care placement for the adjudicated youth. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 18-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 5-2017, amend filed 12/19/2017, effective 12/19/2017 OYA 12-2004, f. & cert. ef. 10-1-04
416-335-0000 Effective Date and Administration of the BRS Program (1) BRS Programs provided through contract with OYA must meet the requirements in the BRS Program general rules (OAR 410-170-0000 through 410-170-0120), and the additional requirements contained in these rules (OAR 416-335-0000 through 416-335-0100). (2) All references to the Oregon Health Authority Chapter 410 rules are those that are effective on July 1, 2025. Statutory/Other Authority: ORS 183.355 & 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 6-2025, amend filed 11/13/2025, effective 11/13/2025 OYA 19-2023, amend filed 11/20/2023, effective 11/20/2023 OYA 18-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023 OYA 17-2023, temporary amend filed 07/03/2023, effective 07/03/2023 through 12/29/2023 OYA 6-2021, amend filed 09/14/2021, effective 09/14/2021 OYA 5-2021, temporary amend filed 07/07/2021, effective 07/07/2021 through 10/07/2021 OYA 15-2020, amend filed 08/10/2020, effective 08/10/2020 OYA 1-2020, amend filed 01/06/2020, effective 01/06/2020 OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-335-0010 Purpose The purpose of the Behavior Rehabilitation Services (BRS) Program is to remediate the BRS Client’s debilitating psychosocial, emotional and behavioral disorders by providing such Services as behavioral intervention, counseling, and skills-training. Services are delivered in a way that integrates a gender-responsive, culturally-sensitive, trauma-informed, and age-appropriate or developmentally-appropriate approach. These rules supplement the BRS Program general rules with additional requirements for BRS Programs provided through contract with OYA. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-335-0020 Definitions In addition to the definitions provided in OAR 410-170-0020, the following definitions apply to terms used in OAR chapter 416, division 335. (1) “Absent Day” means a calendar day that: (a) Either the BRS Client is enrolled but not physically present in the BRS Provider’s program and is not on a Transitional Visit, or the BRS Client is on a Transitional Visit and present at 11:59 pm at a Hosting Placement that is a BRS Contractor or Provider; (b) The Agency’s placement plan is to return the BRS Client to the sending BRS Provider; and (c) The BRS Contractor or BRS Provider obtains written authorization from the BRS Client’s JPPO and the Community Resources Manager to bill the calendar day as an Absent Day. (2) “Foster Home” means a home in the community that is maintained and lived in by an OYA-certified foster parent who provides supervision, food, and lodging for a child or young person and does not include a placement with an Approved Proctor Foster Parent. (3) “Hosting Placement” means the BRS Contractor, BRS Provider or OYA Foster Home where a Transitional Visit is taking place. (4) “Juvenile Parole and Probation Officer” (JPPO) means the individual who coordinates Services and Placement Related Activities for the BRS Client with the BRS Contractor and BRS Provider. For purposes of these rules, a JPPO is the Caseworker as defined in OAR 410-170-0020. (5) “Sending Placement” means the BRS Contractor or BRS Provider where the BRS Client is currently enrolled while the BRS Client is on a Transitional Visit. (6) “Transitional Visit” means an overnight visit by the BRS Client to a Hosting Placement for the purpose of facilitating the BRS Client’s transition during the last 90-days of placement. (7) “Young Person” means a person aged 21 through 24 years of age. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-335-0030 Additional Requirements for OYA BRS Contractors and BRS Providers (1) The BRS Contractor must comply, and ensure its BRS Provider complies, with all applicable provisions in OAR 416-530-0000 through 416-530-0200, and 416-550-0000 through 416-550-0080. (2) The BRS Contractor and the BRS Provider must ensure that its employees, volunteers, contractors, vendors, Approved Proctor Foster Parents, or other persons providing Services or Placement Related Activities to BRS Clients pass a criminal history check based on the Agency’s criminal history records check standards as set forth in OAR 416-800-0000 to 416-800-0095. (3) The BRS Contractor and the BRS Provider must ensure that its employees, volunteers, contractors, vendors, Approved Proctor Foster Parents, or other persons providing Services or Placement Related Activities to BRS Clients, who have not yet successfully completed the requirements in section (2) of this rule are supervised by a person who has successfully met these requirements when having direct contact with BRS Clients. (4) The BRS Contractor must ensure that its BRS program, either operated by itself or its BRS Provider, has a medication management policy that complies with OAR 416-340-0000 through 416-340-0070. (5) Proctor Care Model: (a) Approved Proctor Foster Parents must meet the applicable requirements in OAR 416-530-0000 through 416-530-0200, and 416-550-0000 through 416-550-0080, including but not limited to minimum training requirements. (b) The BRS Contractor, the BRS Provider, and Approved Proctor Foster Parent must cooperate with OYA in the Approved Proctor Foster Parent dual-certification process in accordance with applicable provisions in OAR 416-530-0000 through 416-530-0200, 416-550-0000 through 416-550-0080, and 416-800-0000 through 416-800-0095. (6) The BRS Contractor and BRS Provider must provide separate bedrooms for persons under 18 and persons 18 years or older, except in cases where a Child shares a bedroom with a person who is at least 18 years old but under 25 years old who is the Child’s parent and caregiver or where there is written approval from the Agency, and, if the BRS Provider is a child-caring agency, the Department of Human Services’ Office of Licensing and Regulatory Oversight Coordinator. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-335-0040 Prior Authorization for the BRS Program; Appeal Rights (1) BRS Program Eligibility: (a) OYA may provide prior authorization for the BRS Program to a person who: (A) Meets the requirements in subsections (2)(a)(A) through (D) of OAR 410-170-0040; and (B) Is in the legal custody and care of OYA. (b) Notwithstanding section (1)(a) of this rule, OYA may provide prior authorization to a person who: (A) Is a Child or Young Person; (B) Meets the requirements in subsections (2)(a)(B) through (C) of OAR 410-170-0040; (C) Is in the legal custody and care of OYA; and (D) Is eligible for state-funded medical assistance through OYA but not eligible for Medicaid. (2) Appeal Rights: (a) If a person is denied prior authorization for the BRS Program under OAR 416-335-0040(1)(a) then the person is entitled to notice and contested hearing rights under 410-120-1860 and 410-120-1865. The contested case hearing will be held by the Authority. (b) If a person is denied prior authorization for the BRS Program by OYA under OAR 416-335-0040(1)(b), then the person is entitled to notice and contested hearing rights pursuant to the provisions of ORS 183.341. The contested case hearing will be held by OYA. OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective January 2012, as procedural rules for contested case hearings. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & ORS 420A.014 History: OYA 16-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-335-0100 Compliance Reviews and Remedies (1) The BRS Contractor must cooperate, and ensure its BRS Providers cooperate, with program compliance reviews or audits conducted by any federal or state or local governmental agency or entity related to the BRS Program, including but not limited to the OYA audit guidelines described in OAR 416-250-0000 through 416-250-0090. (2) OYA or its designee will conduct compliance reviews periodically, including but not limited to review of documentation and onsite inspections. (3) OYA may pursue any combination of: contract remedies including but not limited to recovery of overpayments; licensing actions; and other remedies authorized under the contract, at law or in equity against a BRS Contractor, a BRS Provider, or both, for non-compliance with applicable laws, regulations or contract provisions, or any or all of the above, including but not limited to the actions described in OAR chapter 416 (such as OAR 416-530-0090). In addition to or in lieu of any of the above, OYA may proceed under the applicable provisions of OAR 410-170-0120. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.014 History: OYA 3-2013, f. 11-15-13, cert. ef. 1-1-14
416-340-0000 Purpose This rule provides for consistent practice in the storage, control and administration of medication to youth in OYA custody in close-custody facilities or community substitute care placements. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0010 Definitions (1) Controlled medication: DEA-controlled substances including medications that come under the jurisdiction of the Federal Controlled Substances Act (e.g. narcotics, amphetamines, and certain pain and sleeping medications). These medications have a high risk for abuse or dependence. (2) Informed consent: The agreement by a patient (over age 14 for mental health treatment, and over age 15 for medical treatment) to treatment, examination, or procedure after the patient receives facts regarding the nature, consequences, and risks of the proposed treatment, examination or procedure. Informed consent requires that the person giving the consent understands the facts, implications, and potential consequences of an action. Written documentation of consent by a youth in custody or their guardian is required for invasive procedures in which there is some risk. (3) Medication Administration Record (MAR): The written record used to document the administration of all medication to youth in custody. (4) Pro re nata (PRN): Administered as needed. (5) Psychotropic Medication: Medication prescribed to alter brain function for purposes of treating problems with thought processes, mood, or behavior. Psychotropic medications include stimulants, antipsychotics, mood stabilizers, anxiolytics, and sedatives. (6) Substitute care: Residential placements in the community that provide 24-hour-a-day care and supervision, excluding a relative’s home. Such placements include, but are not limited to: (a) Foster care; and (b) Proctor care; and (c) Contracted residential treatment providers. (7) Youth in custody: A person in the legal and physical custody of OYA either in a close-custody facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a close-custody facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96