justicedao/ipfs_state_laws huggingface dataset:
419-480-0090 Secure Transportation Services: Vehicle Requirements In addition to the rules outlined in OAR 419-480-0100(1), a secure transportation services provider must follow all provisions of this rule: (1) When a vehicle is used in the transportation of a child in care , the secure transportation services provider shall ensure the vehicle is clean and comfortable at all times. This shall include, but is not limited to, the temperature not leaving a child in care too hot or too cold, and the ability for the child in care to see out at least one window. (2) The vehicle shall include, but is not limited to, the following safety equipment; (a) Safety belts, or age and size appropriate safety seats, for all passengers; (b) A first aid kit; (c) A flashlight; (d) Tire traction devices when appropriate; and (e) Disposable gloves. (3) Vehicles owned by a Secured Transportation Services provider and used to transport a child in care shall follow a preventative maintenance schedule that incorporates maintenance and routine service intervals recommended by the vehicle manufacturer. The vehicle must be in good operating condition and shall include, but is not limited to: (a) Side and rear view mirrors; (b) A horn; and (c) Working turn signals, headlights, taillights and windshield wipers. (4) Any after market modifications made to a vehicle used to transport any child in care must be disclosed to the Department . (5) Secured Transportation Services providers utilizing a rental car must meet the expectations described in 419-480-0090(1) to 419-480-0090(3). (6) When a vehicle is used in the transportation of a child in care , the secure transportation services provider will ensure access to a roadside assistance provider. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: OTIS 68-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1135, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0100 Secure Transportation Services: Safety (1) The secure transportation services provider must ensure a child in care uses a seat belt or age-appropriate safety seat when transported in a motorized vehicle and that the seatbelt or safety seat mechanism is designed to be operated by the passenger without the assistance of a third party. (2) The secure transportation services provider must prohibit any smoking, aerosolizing or vaporizing of an inhalant in the presence of a child in care. (3) The secure transportation services provider must have an emergency plan that provides instructions for response in the event of an emergency. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1139, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0110 Secure Transportation Services: Referrals and Disclosures (1) Referral. The secure transportation services provider must have a policy that addresses the process by which children in care are referred to the secure transportation services provider. The policy must include all of the following: (a) From whom referrals are accepted, including individuals and entities. (b) On what basis children in care are accepted by the secure transportation services provider. (c) How information necessary to provide for the safety and care of children in care will be provided to the entity receiving the child in care from the secure transportation services provider. (2) Disclosures. The secure transportation services provider , including providers described in 413-215-1111(2), must display the disclosure described in ORS 418.359(2) in a conspicuous location in any advertisements or promotional materials for its secure transportation services if: (a) The provider is not licensed by the Department as a child-caring agency under ORS 418.215 or 418.240 to provide secure transportation services; and (b) The provider holds itself out as being an Oregon provider of secure transportation services , including by registering in this state the vehicles it uses in the provision of its secure transportation services or representing or otherwise indicating in advertisements or promotional materials that the provider is based in this state, maintains a mailing address in this state or is licensed, certified or otherwise authorized by the Department or the Oregon Health Authority to provide secure transportation services or similar services in this state. (3) The disclosure must also indicate that the secure transportation services provider is not licensed by the Department under ORS 418.215 or 418.240 to provide secure transportation services and, if applicable, the reason for the provider’s licensing exemption under 413-215-1111(2). (4) If a provider is required to make a disclosure under these rules and is authorized by the Oregon Health Authority to provide secure transportation services, the disclosure may include a statement that the provider is authorized by the Oregon Health Authority to provide secure transportation services. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1143, filed 11/28/2022, effective 12/01/2022 CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022 CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0120 Secure Transportation Services: Medication (1) A secure transportation services provider must have and follow written policies on the storage, dispensing, and disposal of prescription and non‑prescription medication. (2) A prescription, signed by a physician or qualified health professional, is required before any prescription medication is administered to, or self-administered by a child in care . Medications prescribed for one child in care may not be administered to, or self-administered by another child in care . As used in this rule "self‑administration of medication" refers to the act of a placing a medication internally in, or externally on, their own body. (3) Before a secure transportation services provider permits a child in care to self-administer prescription medication, self-administration must be approved in writing by a physician, and closely monitored by the employee of the secure transportation services provider. (4) Medication storage. All prescription and non-prescription medications must be stored in a locked container and kept in a manner that makes them inaccessible to the child in care . (5) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law. (6) A written record of all medication disposals must be maintained and must include all of the following: (a) A description of the prescribed medication and the amount disposed. (b) The child in care for whom the medication was prescribed. (c) The reason for disposal. (d) The method of disposal. (e) The name of the person disposing the medication, and the initials of an adult witness. (7) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that is administered. The record must include all of the following: (a) The name of the child in care . (b) A description of the medication, instructions for use, and the recommended dosage. (c) Dates and times medication is administered. (d) A record of missed dosages. (e) Medication dropped or disposed of. (f) Method of administration for each medication. (g) Identification of person administering the medication. (h) Any possible adverse reactions to the medication. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1147, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-490-0010 Therapeutic Boarding Schools: What Law Applies These rules, OAR 419-490-0010 to 419-490-0170, regulate a child-caring agency licensed as a therapeutic boarding school. A therapeutic boarding school must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.215 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.215 History: OTIS 69-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0601, filed 11/28/2022, effective 12/01/2022 CWP 33-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0020 Therapeutic Boarding Schools: Educational Services The educational services of a therapeutic boarding school must comply with all of the following requirements: (1) The therapeutic boarding school must comply with the minimum requirements for private education institutions as determined by the Oregon Department of Education. (2) Education services must include at least one qualified teacher for every 15 children in care. (3) The therapeutic boarding school must ensure that it has a curriculum that considers the goals of modern education and the requirements of a sound, comprehensive curriculum. (4) Secondary schools must verify that they have academic standards necessary for children in care to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED. Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0611, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0050 Therapeutic Boarding Schools: Furnishings and Personal Items for Children in Care A therapeutic boarding school must meet all of the following requirements: (1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to: (a) A bed, including a frame; (b) A clean, comfortable mattress; and a pillow; and (c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care. (2) Linens. Linens in good repair must be provided or arranged for each child in care, including: (a) A waterproof mattress cover or waterproof mattress; (b) Sheets and pillowcase; (c) Blankets appropriate in number and type for the season and the individual child in care; and (d) Towels and washcloths. (3) Bedding must be changed at least weekly or when soiled and upon change of the child in care using the bedding. (4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child in care's age, gender, and culture must be made available for each child in care, stored in a clean and sanitary manner, and must include: (a) A comb; (b) Shampoo, or other hair cleansing product; (c) A toothbrush; (d) Soap; (e) Deodorant; (f) Toothpaste; (g) Toilet paper; (h) Menstrual supplies, if appropriate; and (i) Other supplies that are appropriate to the age, gender, and cultural needs of the child in care. (5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240 History: CWP 26-2022, renumbered from 413-215-0621, filed 11/28/2022, effective 12/01/2022 CWP 36-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0060 Therapeutic Boarding Schools: New Facility or Remodel A therapeutic boarding school must meet all of the following requirements: (1) A set of plans and specifications for each boarding facility operated by the therapeutic boarding school must be submitted to the Department and to the State Fire Marshal for approval: (a) Prior to construction of a new building; (b) Prior to construction of an addition to an existing building; (c) Prior to the remodeling, modification, or conversion of a building; and (d) In support of an application for initial license of a therapeutic boarding school under OAR 419-400-0005 to 419-400-0310 and OAR 419-490-0010 to 419-490-0170. (2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes. (3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: OTIS 72-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0626, filed 11/28/2022, effective 12/01/2022 CWP 37-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0070 Therapeutic Boarding Schools: Environmental Health A therapeutic boarding school must meet all of the following requirements: (1) The program of the therapeutic boarding school must maintain an environment that ensures safety for program staff and children in care. (2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas: (a) Food service risk assessment. (b) Drinking water or waste water assessment. (c) Vector and pest control, including the use of pesticides and other chemical agents. (d) Hazardous material management, including handling and storage. (e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0631, filed 11/28/2022, effective 12/01/2022 CWP 38-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0080 Therapeutic Boarding Schools: Food Services A therapeutic boarding school must meet all of the following requirements related to food services: (1) Nutrition and dietary requirements. (a) A therapeutic boarding school must arrange meals daily, consistent with normal mealtimes that occur during hours of operation. (b) Snacks must be available and provided as appropriate to the age and activity levels of children in care. (c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each student at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the therapeutic boarding school for at least six months. (d) Drinking water must be freely available to the children in care served by the therapeutic boarding school. (2) Food selection, storage, and preparation. (a) All food and drink provided by the therapeutic boarding school must be stored, prepared, and served in a sanitary manner. (b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570. (c) Selection of food. All food products served by a therapeutic boarding school must be obtained from commercial suppliers, except: (A) Fresh fruits and vegetables and fruits or vegetables frozen by the therapeutic boarding school may be served. (B) The serving of unpasteurized juice is prohibited. (d) Requirements related to milk. (A) Only Grade A pasteurized and fortified milk may be served to children in care. (B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or the Oregon Department of Agriculture. (e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the therapeutic boarding school. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240 History: CWP 26-2022, renumbered from 413-215-0636, filed 11/28/2022, effective 12/01/2022 CWP 39-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0090 Therapeutic Boarding Schools: Safety A therapeutic boarding school must meet all of the following requirements related to safety: (1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas: (a) The therapeutic boarding school must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020). (b) The therapeutic boarding school must comply with existing state and local fire safety codes. (2) Emergency plan. (a) The therapeutic boarding school must have, for each facility it operates, a written emergency plan that includes: (A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency. (B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency. (b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones. (c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency. (3) Evacuation drills. (a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the therapeutic boarding school must document the following information and retain it for a minimum of two years: (A) Identity of the person conducting the drill. (B) Date and time of the drill. (C) Notification method used. (D) Staff members on duty and participating. (E) Number of children in care and staff evacuated. (F) Special conditions simulated. (G) Problems encountered. (H) Time required to accomplish complete evacuation. (b) The therapeutic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies. Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0641, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0120 Therapeutic Boarding Schools: Staff Training In addition to the requirements in OAR 419-400-0120(4) and (5), a therapeutic boarding school must meet all of the following training requirements with respect to its staff: (1) Staff of the therapeutic boarding school must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following: (a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control. (b) If restraint and involuntary seclusion are utilized by the therapeutic boarding school, approved techniques and monitoring. The training must be clear that the policy of the therapeutic boarding school is that restraint or involuntary seclusion is used as an intervention of last resort. (2) Staff of the therapeutic boarding school must receive ongoing training on all of the following: (a) Procedures for handling environmental emergencies. (b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene. (c) Behavior management. (3) At all times, at least one of the staff of the therapeutic boarding school working with children in care must have received training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240 History: OTIS 73-2023, minor correction filed 06/13/2023, effective 06/13/2023 CWP 26-2022, renumbered from 413-215-0656, filed 11/28/2022, effective 12/01/2022 CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022 CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022 CWP 42-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08