justicedao/ipfs_state_laws huggingface dataset:
413-050-0500 Policy These rules (OAR 413-050-0500 to 413-050-0590) provide procedures for the Department of Human Services (Department) to fund programs from the Domestic Violence Fund. The 1981 Oregon Legislature established this fund to provide intervention on behalf of and support for victims of domestic violence. The Department is authorized to enter into grant contracts with public agencies or private non-profit organizations to support operation by those organizations and agencies of programs designed to prevent, identify, and treat family violence Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0510 Definitions (1) "Crisis line" is defined in ORS 108.610(2) and means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral, and advocacy to victims of domestic violence and their families. (2) "Domestic and Sexual Violence Fund Advisory Committee" means the Domestic and Sexual Violence Fund Advisory Committee established in OAR 413-050-0530. (3)(a) "Domestic violence,” defined by ORS 108.610, means the physical injury, sexual abuse or forced imprisonment, or threat thereof, of a person by another person who is related by blood, marriage or intimate cohabitation at the present or has been related at some time in the past, to the extent that the person's health or welfare is harmed or threatened thereby. (b) "Domestic violence" includes a pattern of assaultive or coercive behaviors including physical, sexual, psychological, and emotional abuses, as well as economic coercion that adults use against their intimate partners to gain power and control in that relationship. (4) "Domestic Violence Fund" means the fund established by ORS 108.660. (5) "Family Violence Prevention Program" means the program within the Department funded by the Domestic Violence Fund and other related funds as available to provide shelter and related services to victims of domestic violence. (6) "Grantee" means a proposer that has been awarded a grant by the Department from the Domestic Violence Fund to support one or more of the projects and programs described in OAR 413-050-0515. (7) "Proposer" means a public agency or private non-profit organization that meets the minimum criteria contained in OAR 413-050-0515 and that applies to the Department for funding from the Domestic Violence Fund to support one or more of the projects and programs described in 413-050-0570. (8) "Safe house" means a place of temporary refuge, offered on an as needed basis to survivors of domestic violence and their families. (9) "Shelter home" or "shelter facility" means a place of temporary refuge, offered on a 24 hours a day, seven days a week basis to survivors of domestic violence and their children. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 13-2004, f. & cert. ef. 7-1-04 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0515 Qualified Services The Department uses the Domestic Violence Fund to make grants to nonprofit private organizations and public agencies to fund programs and projects designed to prevent, identify, and treat domestic violence. Grants from the Domestic Violence Fund may be made to: (1) Fund shelter homes for victims of domestic violence (2) Fund crisis lines providing services to victims of domestic violence and their families (3) Fund safe houses for victims of domestic violence and their families (4) Develop and establish programs for professional and paraprofessional personnel in the fields of social work, law enforcement, education, law, medicine, and other relevant fields who are engaged in the field of the prevention, identification, and treatment of domestic violence and training programs in methods of preventing domestic violence Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0530 Advisory Committee (1) The Domestic and Sexual Violence Fund Advisory Committee (DSVFAC) established in OAR 413-050-0530 serves as the advisory committee to the Domestic Violence Fund Program. Members are elected and serve terms in accordance with the bylaws established by the advisory committee. Copies of DSVFAC bylaws and other open records are available by contacting the Department. (2) The Department will consult with the advisory committee regarding the administration of the Family Violence Prevention Program and each proposed change that substantially affects the program's operation. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02 SOSCF 16-1998, f. & cert. ef. 8-13-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0535 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 domestic violence. (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 domestic violence. 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 domestic violence 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 domestic violence 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 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0555 Shelter Standards Grantees that provide shelter homes or shelter facilities must: (1) Comply with applicable zoning, fire, sanitary and safety regulations. (2) Post emergency instructions in English and other primary languages used in the geographic area where the shelter home is located. (3) Maintain an operating telephone. (4) Provide drinking water that meets Health Division standards. (5) Maintain medicines in locked cabinets or areas. (6) Have first aid supplies available. (7) Protect children from items of potential danger. (8) Have kitchen and emergency food supplies available reflective of the cultures present in the community. (9) Have emergency clothing available. (10) Maintain liability and fire insurance. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0560 Allocation of Funds The Department uses an equitable distribution method for funding programs throughout the state. The distribution method must be reviewed by the Domestic and Sexual Violence Fund Advisory Committee. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0565 Department Selection Criteria and Rules The Department will conduct periodically, at least once every five years, an application process for grant from the Domestic Violence Fund. The Department may conduct the application process jointly with other agencies of the State of Oregon that also award grants or provide financial assistance to nonprofit organizations that provide intervention and support services to victims of domestic violence. The application process includes but is not necessarily limited to: (1) Public notification of the availability of financial assistance from the Domestic Violence Fund; (2) Issuance of a request for grant proposals; and (3) Evaluation of the proposals and the award of grants from the Domestic Violence 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 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0570 Applications 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 contract 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 written narrative describing how the proposer will provide services and meet the requirements of these rules. (8) All other information required by the request for grant proposals. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0575 Evaluation Process (1) An evaluation committee of the Department reviews proposals in accordance with the process and criteria set forth in the request for grant proposals and this division of administrative rules. Because the State of Oregon wishes to fund programs to deal with victims of domestic violence 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. (2) The Department will approve, approve in part and reject in part, or reject each received proposal within 60 days after the submission deadline. (3) The Department will provide written notification by mail to each proposer no later than five working days after the final action is taken on its proposal. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0585 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 108.610 - 108.660 History: CWP 18-2004, f. 12-30-04, cert. ef. 1-1-05 CWP 7-2003, f. & cert. ef. 1-7-03 SOSCF 2-2002, f. & cert. ef. 3-5-02
413-050-0600 Purpose These rules provide requirements for the Department and caseworkers for the Targeted Case Management Program. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019 SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0700 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0610 Definitions (1) "Caseworker" means a Child Welfare employee assigned primary responsibility for a child or young adult served by Child Welfare. (2) "Child " means a person under 18 years of age. (3) "Department" means the Oregon Department of Human Services. (4) “Eligible child or young adult” means an individual who is found eligible for Medicaid and the Children’s Health Insurance Program (CHIP) by the Oregon Health Authority and eligible for case management services (including TCM services) as defined in the Medicaid State Plan at the time the services are furnished. (5) "In-home setting" means the home of the child or young adult's parent or legal guardian. (6) "MMIS" means the Oregon Health Authority’s Health Systems Division (HSD) Medicaid Management Information System. (7) “OHA” means Oregon Health Authority, the agency that manages the Oregon Medicaid program. (8) "Targeted Case Management” or “TCM” means activities performed by the caseworker to assist children in the target population to obtain necessary medical, social, educational, counseling, or other services. (9) "TCM assessment" means the act of gathering information and reviewing historical and existing records of an eligible child or young adult in a target group to determine the need for medical, educational, social, or other services. To perform a complete assessment , the case manager must gather information from family members, medical providers, social workers and educators, if necessary. (10) "Young adult" means a person aged 18 through 20 years. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019 SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0710 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0625 Target Population To be eligible for Targeted Case Management services, a child or young adult in the care and custody of the Department must meet the following criteria: (1) Be under age 21; (2) Be Medicaid eligible; (3) Reside in an in-home setting , foster home, group home, residential care facility and Public Institutions as defined in 42 CFR 435.1010, or in the Department's Independent Living Program paid for and under the responsibility of the Department; (4) Reside in Oregon; (5) Be a citizen or legal permanent resident of the United States; and (6) Be ineligible for Title IV-E funding. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, adopt filed 06/05/2019, effective 06/05/2019
413-050-0630 Targeted Case Management Assessment and Service Categories (1) Targeted Case Management services include: (a) Comprehensive TCM assessment and at a minimum an annual reassessment of individual needs. These assessment activities may include: (A) Documenting the child or young adult's history; (B) Evaluating the extent and nature of the needs (medical, social, educational and other services) and completing related documentation; (C) Gathering information from other sources such as the child or young adult’s family members, medical providers, social workers and educators, if necessary, to form a complete assessment of the child or young adult; (D) Developing and periodically revising of the child or young adult’s case plan that is based on the information collected through assessments; specifies the goals and actions to address the medical, social, educational and other services needed; and (E) Making referrals and completing activities to help an eligible child or young adult obtain needed services including activities that link the child or young adult with service providers to meet identified needs and achieve goals specified in the case plan. (b) Monitoring and arranging follow-up activities necessary to ensure the case plan is implemented and adequately addresses the child or young adult’s needs and access to services. (2) Targeted Case Management Service Categories include: (a) Assessment and Evaluation Related Services; (b) Counseling/Treatment Related Services; (c) Medical/Dental Related Services; (d) Permanency and Adoption Related Services; (e) Placement Activities; (f) School/Education Related Services; and (g) Miscellaneous Services. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, amend filed 06/05/2019, effective 06/05/2019 SOSCF 5-2000, f. & cert. ef. 2-22-00, Renumbered from 413-100-0730 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-050-0635 Choice of Provider Children and young adults have the following service provider choices: (1) Provision of any TCM services does not restrict a child or young adult’s choice of providers, in accordance with 42 CFR 441.18 (a). (2) Subject to the Social Security Act, 42 USC 139 and 42 CFR 441.18(b), eligible children or young adults have the option to choose from TCM service providers available to them. (3) Eligible children or young adults have the option to choose the providers or additional medical care covered by their health plan in OAR 410-138-0020 (8). (4) Eligible children or young adults have rights to change caseworkers, in accordance with Rights of Children in OAR 413-010-0170 to 0180. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 27-2019, adopt filed 06/05/2019, effective 06/05/2019
413-053-0010 History and Purpose (1) In 2011, the Oregon Legislature created requirements for Strengthening, Preserving and Reunifying Families programs. These directives are codified in ORS 418.580 to 418.598. The goals of the programs are to: (a) Reduce the number of children entering substitute care and reduce their length of stay in substitute care; (b) Reduce the trauma of CPS involvement for children and families; (c) Ensure families receive timely family-focused services, while children remain safely at home; (d) Improve collaboration between the Department and its county partners, especially when those partners are providing appropriate and necessary services to families; and (e) Create better outcomes for children and families involved with the Department. (2) The purpose of these rules is to describe the responsibilities of the Department in providing SPRF services. 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
413-053-0020 Eligibility Criteria (1) During a CPS assessment, if a present danger safety threat or impending danger safety threat has not been identified, a family is eligible to receive only the following SPRF service types: (a) Front-end intervention. (b) Navigator. (2) In an other admin-only case, a family is eligible to receive the SPRF service types in section (3) of this rule when: (a) A CPS assessment has been completed; (b) No present danger safety threat or impending danger safety threat has been identified; and (c) The family has moderate to high needs. (3) When the requirements in section (2) of this rule are met, the SPRF services available for an other-admin only case are: (a) Strengths and needs assessment; and (b) Any SPRF services available to that district that are recommended by the Department. (4) When a present danger safety threat or impending danger safety threat has been identified and is being managed with a protective action plan, initial safety plan or ongoing safety plan, a family is eligible to receive services when: (a) A family has an open Family Support Services case, pursuant to OAR 413-030-0003 to 413-030-0030; (b) A child is in substitute care and the service is used to support the child to promote the safety, permanency or well-being of the child; (c) A family has an open CPS assessment; or (d) A family has an open Department case including an in-home non-court involved case. (5) The Department may use SPRF services to engage in active efforts with Indian families, as required in OAR 413-115. 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
413-053-0030 Referral for a SPRF Service To receive SPRF services, the Department must submit to the provider: (1) A written service referral approved by a supervisor; and (2) A completed DHS form 2099. 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
413-053-0040 CPS Assessment Closure or Department Case Closure (1) The Department must close a SPRF service immediately when: (a) A CPS assessment closes, and a Department case is not opened pursuant to OAR 413-015-0445; (b) An other-admin only case is closed; or (c) A Department case is closed. (2) When the Department closes a SPRF service pursuant to section (1) of this rule, the Department must: (a) Notify the provider the service is closed; and (b) Document in the department’s electronic information system that the provider has been notified. 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
413-053-0050 Exception to CPS Assessment Closure: Other Admin-Only Cases (1) The only services the Department may provide for an other admin-only case are SPRF services. (2) An other admin-only case that is open after a CPS assessment may remain open for up to 90 days to provide SPRF services, with the option of one 90-day extension. An extension must be approved by the district manager, program manager or designee. (3) If the family continues to need services in an other admin-only case, Department responsibilities are limited to: (a) Entering and ending services; (b) Validating invoices for services; (c) Requesting and approving extensions; and (d) Case closure. (4) If, at the end of an assessment, the child is determined to be safe and the family has moderate to high needs, the Department may offer the family a strengths and needs assessment. If, because of the strengths and needs assessment, services are recommended and available, the Department may refer the family to SPRF services. (5) When the other admin-only case closes, the Department must immediately close all SPRF services and notify each provider that the service has closed. 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
413-053-0060 Outcome Measures (1) All SPRF services have client-focused functional outcome measures. (2) SPRF outcomes are delineated by service category and are in the SPRF Outcomes table, dated November 2017, which is adopted as Exhibit 1 and incorporated by reference into this rule. A printed copy may be obtained from the Department. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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