413-095-0030 BRS Provider Requirements (1) In addition to the requirements in OAR 410-170-0030, the BRS contractor and the BRS provider providing services and placement-related activities to a BRS client in the care or custody of the Department or one of the federally-recognized Oregon tribes must: (a) Ensure completion of a background check, including a criminal records check and an abuse check, on each subject individual in compliance with OAR 407-007-0210 to 407-007-0370. (b) Ensure completion of a background check, including a criminal record check and an abuse check, on each subject individual before the individual is hired in compliance with OAR 407-007-0210 to 407-007-0370, when the BRS program uses a residential care model. (c) Maintain in their program records: (A) Staff schedules for BRS programs utilizing a residential care model; (B) Certification status for each proctor foster home for BRS programs utilizing a Proctor Care model; (C) The approved DHS Authorization form for each absent day billed for a BRS client; and (D) Accreditation status, if applicable. (d) Permit the caseworker and the Department to have immediate access to a BRS client and to any area of the premises upon which the BRS client receives services or is engaged in placement-related activities to ensure the health, safety and welfare of the BRS client and compliance with BRS program requirements. This includes a proctor foster home. (e) Supervise and provide support to the approved proctor foster parents by: (A) Monitoring and ensuring that its approved proctor foster parents comply with all applicable rules, laws and regulations related to the BRS program; (B) Recruiting, training, reimbursing, and supporting the approved proctor foster parents in providing services or placement-related activities to the BRS client; (C) Visiting the approved proctor foster parents’ home a minimum of once a month to provide support that includes, but is not limited to, monitoring, training, and supervising; and (D) Providing, at a minimum, the following support services to the approved proctor foster parent: (i) Ensure that the BRS contractor or BRS provider has staff available to provide the approved proctor foster parent with support services 24 hours per day, seven days a week, including on-call services, consultation, and direct crisis counseling; (ii) Provide to the approved proctor foster parents the contact information (names and phone numbers) of the program staff who are available to provide these support services; and (iii) Provide to the approved proctor foster parents 48 hours per month of reprieve from approved proctor foster parent responsibilities. The BRS contractor or the BRS provider must arrange and provide daytime supervision and night-time monitoring equivalent to that provided by the approved proctor foster parents at that time. (2) If a residential care model is used, the BRS provider providing services and placement-related activities to a BRS client in the care or custody of the Department or one of the federally-recognized Oregon tribes must either: (a) Operate a BRS program that is described in ORS 419B.354(3), or: (b) Operate a BRS program that meets the definition of a QRTP in OAR 413-070-0000 (70), and: (A) Comply with all other requirements of QRTPs in OAR Chapter 410, Division 170 and these rules; and (B) Implement the treatment identified for the BRS client by the QRTP assessment, including identifying the treatment goals indicated by the QRTP assessment in the BRS client’s MSP, if applicable. (3) The Department may conditionally approve accreditation for a BRS program that has a preliminary endorsement from an entity described in OAR 413-095-0000(2)(a)(A)-(D). (a) The BRS provider must provide the Department with a copy of the provisional endorsement and written documentation of the steps that will be taken to receive a final endorsement and when the BRS provider anticipates receiving the endorsement. (b) The Department’s conditional approval of accreditation may not exceed 270 days from the date that the provisional endorsement was issued. (4) The Department may pursue any sanctions, remedies, or recoveries described in OAR 413-095-0050, against the BRS contractor and/or the BRS provider, for failing to monitor and ensure its approved proctor foster parents are in compliance with all applicable rules, laws and regulations related to the BRS program. Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.116 & ORS 418.005 Statutes/Other Implemented: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 409.010, ORS 409.025, ORS 409.027, ORS 411.141, ORS 418.015, ORS 418.027, ORS 418.285, ORS 418.312, ORS 418.315, ORS 418.490 & ORS 418.495 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 131-2020, temporary amend filed 06/29/2020, effective 07/01/2020 through 12/27/2020 CWP 1-2019, renumbered from 413-090-0070, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 13-2015, f. & cert. ef. 8-4-15 CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14