justicedao/ipfs_state_laws huggingface dataset:
416-490-0031 Time-Out (1) The purpose of a Time-out Intervention is to temporarily separate a YIC from the YIC’s peers due to the YIC’s emotional dysregulation until the YIC is emotionally regulated. The YIC must return to regular activities once the YIC is emotionally regulated. (2) Time-out must not be used as punishment, as a convenience or substitute for staff supervision, or a substitute for individualized treatment. Time-out may be staff-suggested, or YIC requested. A YIC’s participation in a Time-out is voluntary. (3) Staff must monitor the YIC every 15 minutes for well-being and possible rejoining with peers. The monitoring must be documented in writing. (4) A Time-out incident must not exceed four consecutive hours. (5) Notwithstanding 416-490-0031(4), incidents of Time-out that continue into normal sleeping hours must only be continued as incidents of Room-lock Other, and must adhere to OAR 416-490-0025(2). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
416-490-0033 Safety Programs (1) The purpose of a Safety Program Intervention is to manage a YIC’s behavior when other Interventions have been exhausted and ineffective in managing the YIC’s behavior within the facility’s general population. A Safety Program Intervention may use a combination of Room-lock Other and Isolation incidents to modify routine activities such as meals, recreation, school, treatment, and other programs. All incidents of Room-lock Other and Isolation must follow OARs 416-490-0025 and 416-490-0032. (2) A Safety Program plan must identify the routine activities to be controlled that will allow a YIC to manage the YIC’s behavior. The Safety Program plan must include at least the following: (a) Identified modified activities; (b) When the YIC will engage in the modified activities; (c) Where the YIC will engage in the modified activities; and (d) How the YIC will engage in the modified activities. (3) A Safety Program plan must be developed by the YIC’s treatment team and authorized by the facility superintendent or camp director. (4) A YIC’s placement in a Safety Program must be reviewed at least weekly by the facility superintendent or camp director, and the YIC’s treatment team, for placement need and policy compliance. (a) A YIC may only remain in a Safety Program until the YIC is able to self-manage behavior and safely interact within the routine activities of the living unit community, as determined by the YIC’s treatment team. (b) Reviews and resulting decisions must be documented in writing. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
416-490-0034 Physical Intervention Staff will use the least restrictive Physical Intervention with a YIC to obtain the desired behavior change. (1) The following types of Physical Intervention are prohibited: (a) The use of Interventions as coercion, punishment, or retaliation; and (b) Physical Intervention techniques that are applied to inflict physical pain, undue physical discomfort, or to restrict blood circulation or breathing. (2) Staff will identify YICs who are having difficulty controlling their negative behaviors and will use verbal de-escalation techniques to prevent escalating the negative behaviors. (3) Before using Physical Intervention, OYA staff must attempt to gain control of the YIC using verbal de-escalation techniques. Unless there is imminent danger to the staff member, other YICs, or staff, staff will delay the use of Physical Intervention until another staff is able to assist. (4) When Physical Intervention is used, staff must ensure that: (a) YICs are examined by a health-trained person as soon as safely practicable, whether or not injury is visible. Staff will immediately provide a written summary and photograph, in color, of any visible injury; and (b) A report is made by each staff member involved in the Intervention, including staff witnesses. (5) All incidents of Physical Intervention require an incident review as described in OAR 416-490-0050. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
416-490-0035 Restraint (1) OYA staff must not use the following on any YIC: (a) The placement of a YIC in a prone position with arm(s) and leg(s) restrained behind the back ("hogtie" position); (b) Restraint positions or techniques that are designed to inflict physical pain, undue physical discomfort, or to restrict blood circulation or breathing; (c) Chemical agents; or (d) Chemical restraints. (2) The use of restraint to punish a YIC, or as a convenience to or substitute for staff supervision is prohibited. (3) YICs must not restrain or assist in restraining any person. (4) YICs in restraint devices must be continually observed by staff. (5) The OYA director must approve all types of restraint devices and techniques prior to their uses on YICs. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10
416-500-0000 Purpose (1) Recreational activities provide adjudicated youth with opportunities to practice social skills; alleviate idleness and boredom; provide positive reinforcement; develop the concepts of cooperation and sportsmanship; and improve self-esteem, health, and physical conditioning. (2) Recreational activities are an integral part of an adjudicated youth’s case planning. (3) OYA will work with substitute care providers who serve OYA adjudicated youth in community placements to ensure that adjudicated youth receive opportunities for recreational activities that are provided in relation to the adjudicated youth’s case plan in a manner that is safe for the community, the participating adjudicated youth, and supervising staff. (4) Substitute care providers will schedule and make available to adjudicated youth appropriate recreational and leisure time activities, both within the residential treatment program or foster home and in the community. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 10-2004, f. & cert. ef. 10-1-04
416-500-0010 Definitions (1) Recreation: Any play or leisure activity in which adjudicated youth participate, either structured or unstructured. Recreation activities are intended to refresh, offer sport or a pastime. Recreation is all those things that a person or group chooses to do in order to make leisure time more interesting, more enjoyable, and more personally satisfying. Purposeful recreational activities can be used to develop physical, cognitive, social, and emotional skills in juvenile settings. Such activities provide positive reinforcement and provide healthy pro-social alternatives to boredom and illegal behavior. Recreation develops concepts of cooperation and sportsmanship. (2) Substitute care placements: Any of the out-of-home care and treatment programs authorized by OYA to serve adjudicated youth in OYA custody, including contracted residential treatment programs and certified foster homes. Substitute care placements exclude OYA’s close-custody facilities. (3) Substitute care providers: Persons authorized by OYA through contract or other written agreement to provide supervision and care for adjudicated youth on parole or probation status in the community. Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 10-2004, f. & cert. ef. 10-1-04
416-500-0020 General Standards (1) Court order establishes OYA’s authority as legal custodian or guardian of adjudicated youth committed to the legal custody of OYA and placed on parole or probation status in substitute care placements, making OYA responsible for their general care and supervision. As part of that authority, OYA works in coordination with the substitute care provider to ensure appropriate substitute care and treatment is provided. (a) Substitute care providers will comply with Department of Human Services (DHS) licensing standards, written contracts or agreements with OYA or other agencies, and OYA policies that discuss the provision of recreational activities. (b) Substitute care providers will develop written procedures that detail the process for risk assessment, activity planning and approval, according to the standards defined in these rules and OYA policy. (c) Substitute care providers will provide training to their staff to ensure compliance with the standards discussed in these rules and OYA policy. (2) When planning a recreational activity, it is prudent for substitute care providers to check the level of insurance coverage for the planned recreational activity. In some instances, additional coverage may be required. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 10-2004, f. & cert. ef. 10-1-04
416-500-0030 Activity Planning (1) Substitute care providers will plan, organize and supervise a variety of activities, in accordance with DHS licensing standards, and/or the provisions of contracts or other written agreements. (2) The planned activity will be consistent with the adjudicated youth’s case plan. (3) Prior to the activity, substitute care providers, OYA, the adjudicated youth, and the adjudicated youth’s parent/guardian, where applicable, will acknowledge the risk and approve the adjudicated youth’s participation. (4) Substitute care providers will plan for emergency situations, including planning for participants’ medical needs and response procedures if an emergency should occur. (5) During the activity, substitute care providers will provide supervision appropriate to the type of activity, experience of the group, environment and conditions in which the activity takes place, experience level of staff, and the nature of the venue where the activity will occur. (6) Substitute care providers and OYA staff will ensure that the risk assessment discusses activity restrictions detailed in these rules and OYA policy. (7) At the conclusion of the approved activity, substitute care providers will review the risk assessment to determine any changes necessary to policies and procedures based on the outcomes noted from the activity. (8) Any incident that occurs during any recreational activity will be shared with OYA according to OYA policy. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 10-2004, f. & cert. ef. 10-1-04
416-500-0040 Risk Assessment (1) All activities involve some level of risk. Prior to participation in recreational activities, OYA staff and the substitute care provider will engage in a process to assess the risk of the activity, introduce measures to control those risks, and inform persons about the risks. The risk assessment will include, at a minimum, the following components: (a) Description of the planned activity. (b) Purpose or goal of the activity. (c) Description, location, and timelines of the activity. (d) Identification of known or possible hazards and precautions and/or safety to offset those hazards. (e) Travel and lodging needs. (f) Emergency precautions, including a description of emergency gear that the substitute care provider will have on hand, and a communication plan. (2) Substitute care providers will assess all activities in writing prior to the start of activity. (a) This assessment will be completed by substitute care providers who have a comprehensive understanding of adjudicated youth behaviors and the proposed activity. (b) The results of the assessment will be shared with each adjudicated youth’s Juvenile Parole/Probation Officer (JPPO) and the parents/guardians of adjudicated youth within a reasonable amount of time prior to the activity to allow for each to review and give consent. OYA will provide timely review of these requests and ensure that parent/guardian consent is acquired prior to the activity. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.550, 419C.555, 419C.558, 420A.010 & 420A.892 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 10-2004, f. & cert. ef. 10-1-04
416-500-0050 Restrictions (1) Persons who transport adjudicated youth must: (a) Have a valid driver's license and insurance; (b) Comply with the provisions of state law, including the use of seatbelts; and (c) Be authorized by OYA to provide the transportation. (2) Persons who operate passenger vans designed to carry 12 passengers must have successfully completed an OYA-approved training course. (3) Adjudicated youth travel for recreational purposes outside of Oregon may be authorized at the discretion of the OYA Community Services Assistant Director on a case-by-case basis. All such requests must be submitted to the Community Services Assistant Director for review in a manner prescribed by OYA policy. (4) Prior authorization from the Community Services Assistant Director, or designee, is required when foster parents request that an adjudicated youth participate in a family vacation activity. (5) Adjudicated youth in substitute care placements are not permitted to participate in hunting activities. No exceptions will be made to this standard. (6) Preventative safety measures in accordance with state law, local ordinances, and OYA rules and policies must be taken during certain recreational activities. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.481, 419C.558 & 420A.010 History: OYA 10-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 6-2012, f. & cert. ef. 6-25-12 OYA 10-2004, f. & cert. ef. 10-1-04
416-530-0000 Purpose (1) OYA seeks to ensure community safety, adjudicated youth accountability and adjudicated youth reformation by providing adjudicated youth foster care as an integral part of its continuum of services. OYA provides foster care for adjudicated youth who are 12 years of age through the age of 24. These rules establish OYA foster care standards for: (a) The certification and re-certification process for foster parents; (b) The standards that foster parents must meet while providing adjudicated youth foster care services under the OYA Foster Care Program; and (c) The process by which a certification to maintain an adjudicated youth foster home may be placed on inactive referral status, terminated, suspended, or revoked. (2) These rules apply to applicants seeking OYA certification, certified foster parents and respite providers, and Private Child-caring Agency proctor parents unless otherwise specified. Statutory/Other Authority: ORS 420A.025 & 420.892 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04 OYA 1-2000, f. & cert. ef. 4-4-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-530-0020 Certification Process (1) OYA seeks to recruit individuals who meet or exceed the qualifications described in these rules to provide foster care services to adjudicated youth. OYA further seeks to retain qualified foster parents who continue to provide an important component of the OYA service delivery system to adjudicated youth. In order to accomplish these objectives and to ensure that adjudicated youth receive services in a safe, respectful, rehabilitative, and positive atmosphere, OYA has developed a thorough certification process. (2) The certification process is a partnership between the applicant or foster parent and OYA. The process allows for individuals interested in providing adjudicated youth foster care services to ask questions about foster care standards, foster parent qualifications, foster home qualifications, and supervision of adjudicated youth and it allows OYA to assess the willingness, abilities, and suitability of applicants to provide such foster care services. The process also allows foster parents to review the prior year during the re-certification process and allows OYA to re-assess the foster parent’s continued qualification, willingness, and ability to provide services. (3) The granting of an Adjudicated Youth Foster Home Certificate is not a guarantee that adjudicated youth will be placed in the foster home. (4) OYA has a responsibility to Oregonians to manage its resources within available funds. When the OYA director or designee determines that funding for these resources is jeopardized or otherwise not available, the OYA director may suspend recruitment of new foster home resources in areas where the availability of foster homes exceeds the need for placements. (5) Relative foster care applicants: An adjudicated youth foster home may be maintained by a person related to the adjudicated youth by blood or marriage when financial need can be determined by OYA. OYA must review potential relative foster care applicants to determine if there is a true financial need in order to provide the adjudicated youth room, board, clothing, allowance, personal incidentals, transportation, educational supplies, and other costs approved by OYA. Relative foster parents are bound by the same rules and expectations as foster parents who are not relatives. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2016, f. & cert. ef. 3-2-16 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-530-0035 Application Process for Re-certification A foster parent applying for re-certification must: (1) Complete and submit all forms required by OYA; (2) Provide information as requested by OYA to verify compliance with these rules; (3) Participate in home studies as required by OYA; (4) Provide documentation from the foster parent and all members of the household regarding all criminal arrests, all charges, restraining orders, and all convictions during the preceding year including juvenile delinquency arrests, adjudications, or charges, the dates of offenses, and the resolution of those matters; (5) Provide documentation from the foster parent and all members of the household regarding all allegations or charges of abuse or neglect of vulnerable persons and adjudicated youth, with dates, locations, and resolutions of those matters; (6) Provide proof of sufficient income to meet the needs and ensure the financial stability of the household, independent of the foster care reimbursement. OYA must request current financial records which may include copies of pay stubs, W-2 forms, or recent tax returns as proof of income; and (7) Participate in a criminal records check process, as defined by these rules and OAR chapter 416, division 800. (a) OYA requires a criminal records check of all members of the household 18 years of age and older. (b) The criminal records check of new members of the household must occur prior to the new member of the household establishing the foster home as a residence. (c) OYA requires a computerized criminal records check for members of the household 12 through 17 years of age. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 7-2016, f. & cert. ef. 8-5-16 OYA 1-2016, f. & cert. ef. 3-2-16 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07
416-530-0080 Exceptions (1) Any exceptions to OAR 416-530-0000 through 416-530-0090 must be reviewed and approved or denied by the OYA Community Services assistant director. (a) A Certifier must submit a written exception request, state the need for the exception, and sign the request. (b) The OYA Community Services assistant director must evaluate each request for an exception on its own merits to determine whether the exception is supported by a written plan adequate to ensure the safety of adjudicated youth in the placement. Granting an exception does not set a precedent that must be followed by the OYA Community Services assistant director when evaluating subsequent requests for exceptions. (c) In evaluating a request for an exception, the OYA Community Services assistant director must consider, among other factors, the ratio of adults to adjudicated youth; the level of supervision available; the foster parent's skill level; and the needs of other children in the home. (2) Exceptions to rules relating to significant safety risks are prohibited. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-530-0100 Certification Standards for Private Child-caring Agencies: Purpose These rules set forth standards specific to OYA's relationship with Private Child-caring Agencies that contract with OYA and offer residential care programs in a foster home model, hereafter called "adjudicated youth proctor homes." Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-530-0110 Certification Standards for Private Child-caring Agencies: Definitions (1) Adjudicated youth proctor home: A home in the community that is maintained and lived in by a proctor parent who provides care, supervision, food, and lodging on a 24-hour basis for an adjudicated youth in that home certified by OYA and the Private Child-caring Agency, as defined by OAR chapter 416, divisions 335, 530, 550 and 800. (2) Child-caring Agency: An agency or organization providing residential care including, but not limited to, foster care or residential treatment for children; outdoor youth programs, or other similar services for children, as defined in OAR chapter 410, division 170. (3) Private Child-caring Agency: A Child-caring Agency that is not owned, operated, or administered by any governmental agency or unit. (4) Private Child-caring Agency employee: An individual applying for a position with a Private Child-caring Agency or having a position and being considered for an assignment within a Private Child-caring Agency. (5) Proctor parent: A person co-certified by OYA and a Private Child-caring Agency in accordance with the provisions of OAR 416-530-0100 through 416-530-0170 and employed by the Private Child-caring Agency. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96