justicedao/ipfs_state_laws huggingface dataset:
413-053-0070 Flexible Funds for SPRF (1) Flexible funds may be negotiated as part of individual SPRF contracts. Including flexible funds in a contract is optional and based on agreement between the Department and the contractor. (2) A contractor may use flexible funds to support engagement with the family and to achieve the contracted outcomes and services goals that correlate with the SPRF services provided in the individual SPRF contract. (3) Flexible funds expenditures that meet the requirements of this division and contract-specific criteria will be reimbursed by the Department. (4) When appropriate, flexible funds should be utilized to support fulfilling active efforts for Indian children. Statutory/Other Authority: ORS 418.005 & ORS 418.575-418.598 Statutes/Other Implemented: ORS 418.575-418.598 History: CWP 110-2018, adopt filed 10/03/2018, effective 10/03/2018
413-055-0100 Policy These rules (OAR 413-055-0100 to 413-055-0165) establish the policies of the Department of Human Services (Department) relating to the funding of sexual assault crisis centers and crisis lines authorized by ORS 409.279. This program was established to provide intervention on behalf of and support for victims of sexual offenses. The Department is authorized to enter into grant agreements with private, non-profit agencies to support the delivery by those agencies of intervention and support services to victims of sexual offenses and their families. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0105 Definitions As used in OAR 413-055-0100 to 413-055-0165: (1) "Crisis Center" means a location in which there are paid personnel or crisis volunteers who are trained to provide crisis services, including but not limited to intervention, peer support, information and referral, advocacy, outreach, and community education to survivors of sexual assault and their families. (2) A "grantee" is a proposer that has been awarded a grant by the Department from the Sexual Assault Victims Fund to support the delivery of services to victims of sexual assault and their families. (3) A "proposer" is a private, non-profit agency that meets the minimum criteria contained in OAR 413-055-0120 and makes an application to the Department for a grant from the Sexual Assault Victims Fund to support the operation of qualified programs as described in OAR 413-055-0110. (4) "Sexual Assault" means any touch or act for which informed consent is not given that is sexual in content or used for sexual gratification or stimulation of the perpetrator by either threat of force, force, intimidation, trickery, coercion, or bribery where an imbalance exists because of size, strength, authority, age, development, or knowledge. It includes rape, oral and anal sodomy, exhibitionism, voyeurism, obscene phone calls, sexual pictures, and prostitution. (5) "Sexual Assault Victims Fund" means the fund created by ORS 409.285. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 9-2005, f. & cert. ef. 8-1-05 CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0110 Qualified Services (1) The Department uses the Sexual Assault Victims Fund to fund grants to private, non-profit agencies to support the delivery of intervention and support services to victims of sexual offenses and their families. The agencies receiving funds must be either crisis lines or sexual assault centers. (2) The support and intervention services supported in whole or in part with grant funds from the Sexual Assault Victims Fund must be made accessible and available to all persons who reside in the area served by the agency who may need the services without regard to whether criminal charges were filed. If the grantee is unable to provide necessary services to a client, it must refer the client to alternative community resources. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0120 Criminal History Checks (1) A grantee must obtain a criminal history record check on each potential employee or volunteer who will work with victims of sexual assault. (2) A grantee must develop a written policy or procedure that governs the review of the criminal history record of potential employees and volunteers and the determination of whether a potential employee or volunteer, if there is a criminal history, poses a risk to working safely with victims of sexual assault. The policy or procedure must provide that the review include an examination of: (a) The severity and nature of crime that appears in the criminal history; (b) The number of criminal offenses; (c) The time elapsed since commission of each crime; (d) The circumstances surrounding each crime; (e) The subject individual’s participation in counseling, therapy, education, or employment evidencing rehabilitation or a change in behavior, and (f) The police or arrest report and whether that report confirms the employee’s or volunteer’s explanation of the crime. (3) If the grantee determines that the potential employee or volunteer does not pose a risk to working safely with victims of sexual assault and chooses to hire the employee or volunteer, the grantee must explain in writing the reasons for hiring the individual. The written explanation must address how the potential employee or volunteer is presently suitable or able to work with victims of sexual assault in a safe and trustworthy manner, based on the policy or procedure described in section (2) of this rule. The grantee must place the written explanation in the personnel file of the employee or volunteer along with the employee’s or volunteer’s criminal history record. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0140 Application Process The Department will conduct periodically, at least once every five years, an application process for grants from the Sexual Assault Victims Fund. The Department may conduct the application process jointly with other agencies of the State of Oregon who also award grants or provide financial assistance to nonprofit organizations that provide intervention and support services to victims of sexual offenses and their families. The application process will include but not necessarily be limited to: (1) Public notification of the availability of financial assistance from the Sexual Assault Victims Fund. (2) Issuance of a request for grant proposals. (3) Evaluation of the proposals and the award of grants from the Sexual Assault Victims Fund in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0145 Proposals for Funding To be considered for funding, a proposer must include the following minimum information in its proposal: (1) Official business name of the proposer. (2) Business address of the proposer. (3) Name of the persons authorized to represent the proposer in any negotiations and to sign grant agreement documents. (4) Geographic areas the proposer is proposing to serve. (5) A statement that no attempt has been made or will be made by the proposer to induce any other person or firm to submit or not submit a proposal, except through efforts to submit collaborative proposals. (6) A statement that the proposer accepts all of the terms and conditions contained in the request for grant proposals. (7) A statement that the proposer is a private, non-profit organization. (8) A written narrative describing how the proposer will provide services and meet the requirements of these rules (9) All other information required by the request for grant proposals. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0150 Proposal Evaluation Process Proposals are reviewed by an evaluation committee of the Department in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. The Department will approve, approve in part and reject in part, or reject each received proposal within 60 days after the submission deadline. Written notification is mailed to the proposer no later than five working days after the final actions are taken on the proposals. Because the State of Oregon wishes to fund programs to deal with victims of sexual offenses in all geographic areas of the state, the Department considers, as part of the evaluation process, the geographic area of the state that will be served by the proposer. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0160 Confidentiality (1) If a grantee keeps the location of premises used to provide services under these rules confidential, the Department will not release that information. (2) Grantees must keep all individual information relating to people served by programs operating under these rules confidential. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-055-0165 Advisory Committee The Advisory Committee on Domestic and Sexual Violence established in OAR 413-050-0530 advises the Department regarding its use of the Sexual Assault Victims Fund. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.270 - 409.285 History: CWP 19-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 24-2000, f. & cert. ef. 9-7-00
413-060-0000 Purpose These rules define eligibility criteria for family planning services, describe the services to be provided, and the responsibilities SOSCF has to provide these services. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 435.205 - 435.235 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0010 Eligibility The following persons or families are eligible to receive family planning services: (1) Families who request family planning information. (2) Children who are in the legal custody and care of the State Office for Services to Children and Families. (3) Minor children who are 15 years of age and older who request family planning information. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 435.205 - 435.235 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0020 Family Planning Services Family planning services provided by the State Office for Services to Children and Families include: (1) Referrals to appropriate family planning resource for consultation and treatment; or (2) Counseling and information regarding avoiding unwanted pregnancy, termination of pregnancy, maintaining the desired family size and the spacing of children. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 435.205 - 435.235 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0030 Service Responsibility The State Office for Services to Children and Families will be responsible to: (1) Explore the need for and interest in family planning services of children who are in the legal custody of the State Office for Services to Children and Families and provide appropriate family planning information or referral. (2) Provide family planning information or a referral to an appropriate family planning resource to minors 15 years of age and older who request family planning information. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 435.205 - 435.235 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0400 Purpose Child sexual offenders characteristically begin their offending behaviors in early adolescence or younger. The sooner intervention can occur in this cycle, the better the offender can be taught to control his/her deviant actions. Because the treatment methods may be of an intrusive nature, these guidelines are set forth to help determine the appropriate type of treatment. This policy applies only to those who have been adjudicated for sex offenses. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: HB 2004 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0410 Definitions (1) “A.T.S.A.” means Association for the Treatment of Sex Abusers. (2) “Aversion Therapy” means behavioral therapy procedure which pairs a noxious smell with deviant sexual stimuli. (3) “Behavioral Therapy” means therapy that attempts to decrease deviant sexual arousal and gives the offender tools for self-control. (4) “Boredom Tapes” means homework assignments designed to reduce deviant arousal by satiation. (5) “Cognitive Therapy” means therapy which attempts to alter the manner in which clients think about life and change their cognitive distortions. (6) “Covert Positive Reinforcement” means therapy which attempts to pair the chain of events leading to a sexual assault with a self-initiated interruption scene followed by a reward scene. (7) “Covert Sensitization” means therapy that attempts to reduce deviant arousal by instantly pairing pre-assault behaviors with highly aversive fantasies. (8) “Deviant Sexual Fantasies” means fantasizing and becoming sexually aroused to children or violent themes. (9) “Plethysmograph” means a device for measuring the sexual response pattern of a male or female client. It is called a penile plethysmograph for males and photoplethysmograph for females. (10) “Polygraph” means an instrument that simultaneously records changes in such physiological processes as heartbeat, blood pressure, and respiration, and is often used as a lie detector. (11) “Risk” means the potential for reoffending and for resisting or failing in treatment. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: HB 2004 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0420 Eligibility for Services Children under the age of 18 years, in the care, custody, and control of the State Office for Services to Children and Families, who have been adjudicated for sex offenses. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: HB 2004 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-060-0440 Treatment (1) Treatment in specialized offense-specific peer groups is the treatment of choice, and must address aggressive and exploitive behaviors. The family should be a key part of the treatment planning. The treatment is to be geared toward the chronological and developmental needs of the offender. Treatment issues to be addressed for all risk categories include the following: (a) Substance abuse intervention; (b) Sex education; (c) Educational assessment for remedial or special education referrals; (d) Social skills training; (e) Assertiveness training; (f) Anger management; (g) Victimization issues — (sexual, physical, and emotional) their own and their victims; (h) Family therapy; (i) Cognitive restructuring; (j) Values clarification; (k) Stress management; (l) Cycle recognition/self-intervention; (m) Relaxation/biofeedback. (2) In addition to the above, if the offender in the medium to high risk category demonstrates assaultive, compulsive, or repetitive acts of sexual offending, then behavioral therapy can be introduced. Also, behavioral therapy can be introduced after cognitive methods have failed. (3) The decision to utilize aversion therapy should be discussed with the juvenile offender and his/her parent or guardian after other therapies have failed, and if, according to polygraph and plethysmograph examinations, the arousal patterns have not altered. The rationale for this choice should be documented in the case record. The SOSCF director or designee must then provide written consent to proceed. Should the parent/guardian or client refuse to sign, a review hearing should be requested to determine the course of action. (4) Ongoing polygraph and plethysmograph testing should accompany behavioral therapy on a periodic basis to assess treatment progress. In order to graduate from treatment, the client must successfully “pass” a polygraph test which determines that they are not now offending, have disclosed all of their victims and offenses, and are exercising steps to successfully intervene in their offending cycle. Furthermore, they must also demonstrate reduction in deviant arousal patterns. (5) Relapse prevention is an essential component to the juvenile’s treatment plan. Whether he/she is placed in or out of the home, the primary parental figures, parole officer, or other significant figure in the juvenile’s life should know and understand his/her assault cycle so as to support the offender in learning to intervene in his/her own cycle. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: HB 2004 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0010 Purpose and Applicability (1) OAR 413-070-0010 to 413-070-0030 implement the Multiethnic Placement Act of 1994, which applies to all activities of the Department and to all private child placement and adoption agencies who directly or indirectly receive federal funds. (2) The purpose of OAR 413-070-0010 to 413-070-0030 is to: (a) Decrease the length of time a child waits to be adopted; (b) Prevent discrimination in foster care and adoption; and (c) Promote the recruitment of ethnic and minority families that reflect the children in the child welfare system. These rules establish a policy of non-discrimination in the practice of foster and adoptive placement of children, and in the recruitment and selection of family resources. (3) OAR 413-070-0010 to 413-070-0030 do not apply to the placement of children pursuant to the Indian Child Welfare Act. In the case of an Indian child, the Department and entity follow the Indian Child Welfare Act and OAR chapter 413, division 115. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 12-2015, f. & cert. ef. 7-17-15 SOSCF 13-2000, f. & cert. ef. 7-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0015 Denials or Delays of Placement Based on Race, Color or National Origin Prohibited (1) In making placement decisions, the Department and entity must be guided by the best interest of the child. Placements must be made in the context of an individualized assessment of the needs of the child, and an assessment of the ability of a potential foster or adoptive family to meet those needs. (2) Except as provided in section (3) of this rule the Department and entity may not delay or deny the placement of a child for adoption or into foster care on the basis of the race, color, or national origin of the adoptive or foster parent or the child involved or consider the race, color, or national origin of a child or of a prospective adoptive or foster parent as factors in making adoptive or foster placement decisions. (3) The Department and entity may only consider the race, color, or national origin when an individualized assessment of the child identifies compelling special circumstances, such as an older child’s statement of preference, and consideration of race, color, or national origin in the placement decision is the only way to achieve the best interest of that child. (4) The Department and entity may consider the needs of a child related to cultural heritage, such as specific language needs, when making individualized placement decisions. However, the Department and entity may not use routine cultural heritage assessments as a substitute for considering race, color, or national origin or otherwise considering the cultural heritage needs of a child in a manner that would circumvent the general prohibition against considering the race, color, or national origin of a child when making placement decisions. (5) The Department and entity may not honor the request of birth parents to place their child who was either voluntarily or involuntarily removed, with adoptive or foster parents of a specific racial, ethnic, or cultural group, except as provided in section (2) of this rule. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 SOSCF 13-2000, f. & cert. ef. 7-7-00
413-070-0020 Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited (1) Except as provided in section (2) of this rule, the Department and entity may not deny to any individual the opportunity to become an adoptive or foster parent on the basis of the race, color, or national origin of the individual or the child involved, nor may the Department and entity use race, color, or national origin to screen or assess prospective foster or adoptive applicants. (2) The Department and entity may consider the willingness and ability of the prospective foster or adoptive parent to care for a child of a different race, color, or national origin as a factor when placing a child. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 SOSCF 13-2000, f. & cert. ef. 7-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0027 Denial of Opportunity to Be an Adoptive or Foster Parent Based on Race, Color, or National Origin Prohibited This topic is addressed in OAR 413-070-0020. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 SOSCF 13-2000, f. & cert. ef. 7-7-00
413-070-0030 Recruitment and Staff Training (1) The Department and entity must have an active recruitment program to recruit and retain foster and adoptive parents who reflect the ethnic and racial diversity of children for whom foster and adoptive homes are needed, and who can meet the needs of children awaiting placement. (2) The Department must train staff to assure compliance with the Multiethnic Placement Act of 1994, and Title VI of the Civil Rights Act of 1964. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 12-2015, f. & cert. ef. 7-17-15 SOSCF 13-2000, f. & cert. ef. 7-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-070-0060 Purpose OAR 413-070-0060 to 413-070-0087 describe the Department's responsibility to search for and engage a child or young adult's relatives and persons with a caregiver relationship for one or more of the following purposes: (1) To manage the safety of the child or young adult; (2) To provide a substitute care resource; (3) To provide a permanent placement resource; (4) To develop and maintain family relationships and cultural connections with the child or young adult in substitute care; and (5) To gather family information and family history to plan for meeting the needs of the child or young adult. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.119, 418.005, 419A.004 & 419B.192 History: CWP 12-2015, f. & cert. ef. 7-17-15 CWP 10-2010, f. & cert. ef. 7-1-10 SOSCF 34-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 3-2001(Temp), f. & cert. ef. 1-24-01 thru 7-22-01 SOSCF 6-1999, f. & cert. ef. 4-29-99 SOSCF 19-1998(Temp), f. & cert. ef. 10-30-98 thru 4-28-99