justicedao/ipfs_state_laws huggingface dataset:
419-440-0090 Foster Care Agencies: Complaints about Proctor Foster Homes (1) Employees of the foster care agency are covered by the requirements to report suspected child abuse in ORS 419B.010 and, in addition to any other requirements of law, must refer a complaint of suspected child abuse to the Department for investigation. (2) If the foster care agency receives information alleging a proctor foster home is not in compliance with the certification requirements of the foster care agency, including, but not limited to the rules in OAR 419-400-0005 to 419-400-0310 and OAR 419-440-0010 to 419-440-0210, the foster care agency must immediately initiate an on-site assessment of the home as soon as is appropriate, based on the nature of the complaint. (a) As part of the assessment, the foster care agency must prepare a detailed written report that includes all of the following information: (A) The name of the foster care agency employee who received the complaint, date the complaint was received, name of complainant, and the allegations. (B) Dates and places of contacts, the names of persons interviewed or observed, and the names of the interviewers. (C) Findings, summary, and conclusions regarding compliance or noncompliance and recommendations regarding corrective action. (b) The foster care agency must complete the assessment within 30 days following the receipt of the complaint and must provide a copy of the written assessment to a Department licensing coordinator. (c) The foster care agency must provide the proctor foster parent with a copy of the report of the assessment once it is complete, and must inform the proctor foster parent in writing that they have a right to have their response included in an attachment to the report. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 45-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0336, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0100 Foster Care Agencies: Closures of Proctor Foster Homes If a foster care agency decertifies a proctor foster home, the foster care agency must provide the proctor foster home parent or parents a written notice of the specific reasons for the action, must retain a copy of the notification in the record of the proctor foster home. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0341, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0110 Foster Care Agencies: Notifications Required of Proctor Foster Home Parents A foster care agency must require proctor foster home parents in a proctor foster home to notify the foster care agency of each of the following: (1) Any physical or structural changes in the proctor foster home in which they live. (2) Any arrests or court convictions of any member of the household. A parent of the proctor foster home must notify the foster care agency within one working day of learning about the arrest or conviction. (3) Any allegation of child abuse or neglect perpetrated by any member of the household or any individual who regularly visits the proctor foster home. A proctor foster home parent must notify the foster care agency on the day they learn of the allegation. (4) The suspension of a driver's license of any adult on the Certificate of Approval or any member of the household. (5) Any change in the physical or mental health or medication of a member of the household that reasonably could affect the ability of the proctor foster home to meet the safety needs of the child in care. (6) Any time a member of the household applies to become an in-home child care provider, an adult foster care, or in-home adult day care provider. (7) Any other circumstance that could reasonably affect the safety or well-being of a child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0349, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0120 Foster Care Agencies: Records of Proctor Foster Homes (1) A foster care agency must safely and consistently maintain a record for each proctor foster home it approves. Such records must be separate from records the foster care agency maintains on the children in care and families it serves. (2) The record for each proctor foster home must contain all of the following: (a) Whether the applicant has been approved and a certificate or certificate renewal has been issued by the foster care agency to operate a proctor foster home. If a certificate is issued, the foster care agency must document the number and the age range of children in care the home is certified to serve, any specific gender or other restrictions and limitations, and a statement that the foster care agency has determined the proctor foster home meets the standards established in these rules. (b) Whether the foster care agency has provided the notification described in OAR 419-440-0040(4). (c) All documents pertaining to approval of the proctor foster home. (d) All documents pertaining to formal complaints about the proctor foster home. (e) The contract between the foster care agency and the parents in the proctor foster home. (f) A list of all children in care placed in the proctor foster home that includes identifying and placement information. (g) Documentation that the foster care agency conducted a minimum of one home visit every 90 days to assure compliance with certification standards. (3) A foster care agency must document all of the following in the record of each proctor foster home: (a) Change of address of a proctor foster home parent. (b) Change in name of a proctor foster home parent. (c) Change in household composition. (d) Any exceptions to or suspensions of the certification by the foster care agency of a proctor foster home. (4) Inactive referral status. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 46-2023, minor correction filed 06/07/2023, effective 06/07/2023 CWP 26-2022, renumbered from 413-215-0351, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 Renumbered from 413-210-0450, CWP 31-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-440-0130 Foster Care Agencies: Placement of a Child with a Proctor Foster Home (1) A foster care agency may place a child in care in a proctor foster home. (2) A foster care agency must prohibit an approved proctor foster parent from accepting placement of a child in care from another agency or referral source. (3) The placement of a child in care in a proctor foster home must be consistent with the recommendations for the use of the proctor foster home as identified in the current home assessment. (4) The foster care agency may not issue a certification for a proctor foster home that allows the proctor foster home to exceed any of the following subsections: (a) A total of four children to one approved proctor foster parent living in the home; (b) A total of six children to two approved proctor foster parents living in the home; or (c) A total of two children under the age of three. (d) The number of children living in the approved proctor foster home may exceed the limits in subsections (a) and for the following reasons: (A) A child in care who is parenting. (B) Siblings to remain together. (C) A child with an established meaningful relationship with the family to remain with the family. (D) A family with special training or skills to provide care to a child who has a severe disability. (5) The foster care agency must base each placement on an assessment of the individual needs of the child in care and an assessment of the ability of the proctor foster home to meet those needs. The foster care agency must document the basis for the selection in the file of the proctor foster home . (6) The foster care agency must provide to the proctor foster home a copy of the signed contract and maintain a copy in the proctor foster home file. (7) At the time of placement of each child in care in a proctor foster home , the foster care agency must provide the proctor foster home parents with all of the following information and authorizations: (a) The name and date of birth of the child in care , and the reason for placement. (b) The name of the assigned worker and a telephone number to contact the foster care agency . (c) Information about the health, behavioral characteristics, and needs of the child in care. (d) Authorization and clear written instructions for obtaining medical, dental, and other professional care, and authorization for emergency medical care. Statutory/Other Authority: ORS 418.248, ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0356, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0140 Foster Care Agencies: Documentation Required When a Foster Care Agency Changes a Placement Within seven working days after a child in care is moved out of a proctor foster home and placed in a different proctor foster home, a foster care agency must record all of the following information in the case record: (1) The reason for the new proctor foster home; and (2) The name and address of the new proctor foster home. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, OR 418.280 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0361, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0150 Foster Care Agencies: Respite Care A foster care agency must comply with all of the following requirements: (1) The foster care agency must have and adhere to a respite care policy that addresses the need to provide children in care with safe and adequate care when the proctor foster home parents are not present. (2) The respite care policy of the foster care agency must include the following: (a) The foster care agency is responsible for identifying and selecting safe and responsible alternate caregivers for a child in care placed in a proctor foster home: (A) Each alternate caregiver must be at least 21 years of age; (B) The foster care agency must assure completion of background checks (pursuant to OAR 407-007-0200 to 407-007-0370) annually for the alternate caregiver and, if respite care will be provided in the home of the alternate caregiver, all adults living in the home of the alternate caregiver; and (C) Prior to determining that the alternate caregiver is safe and appropriate to provide relief or respite care, the foster care agency must analyze information relevant to paragraphs (A) and (B) of this subsection. (b) The proctor foster home must receive the approval of the foster care agency prior to using a relief or respite caregiver. (c) The proctor foster home is responsible for notifying the foster care agency in advance when the parents plan to provide relief or respite care for another proctor foster home and the number of children in care will exceed the maximum number of children in care authorized. (d) There must be a respite care plan relating to the age, developmental ability, and special needs of each child in care placed in the proctor foster home. (e) There must be plans for respite care in the event of an emergency that makes a proctor foster home unavailable. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0366, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0160 Foster Care Agencies: Training of Foster Care Agency Staff In addition to the requirements in OAR 419-400-0120(4) and (5), a foster care agency must meet all of the following training requirements with respect to its employees: (1) Staff of the foster care agency 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 build positive personal relationships and self-control. (b) If restraint and involuntary seclusion are utilized by the program, the approved techniques and monitoring procedures. The policy and training provided by the foster care agency must be clear that restraint or involuntary seclusion is used as an intervention of last resort. (2) Staff of the foster care agency must receive ongoing training at least annually 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) Discipline and behavior management. (3) Staff of the foster care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification. (4) Staff of the foster care agency must receive training related to the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 47-2023, minor correction filed 06/07/2023, effective 06/07/2023 CWP 26-2022, renumbered from 413-215-0371, 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 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 Renumbered from 413-210-0430, CWP 31-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-440-0170 Foster Care Agencies: Health Services A foster care agency must comply with all of the following requirements: (1) The foster care agency must obtain all private health record information referred to in this rule in a manner that complies with federal and state law. (2) Medical History. Within 30 days after the foster care agency assumes physical custody of a child in care, the foster care agency must obtain available medical history and other health-related information on the child in care, including: (a) Significant findings of the most current physical examination; (b) The child in care's current immunizations, history of surgical procedures and significant injuries, and past or present communicable diseases, to the extent such information is available under ORS 192.553 to 192.573; (c) Any known allergies; (d) Dental, vision, hearing, and behavioral health; (e) Documentation that the child in care has received age-appropriate instruction regarding pregnancy prevention, nutrition, prevention of HIV and AIDS, and general information about the prevention and treatment of sexually transmitted diseases; and (f) Physician's orders, including those related to medications, if any. (3) Health services. The foster care agency must provide or arrange for the following health services, as applicable: (a) Information on maintaining reproductive health and birth control. (b) Prenatal care. (c) Well-baby care. (d) Fetal alcohol syndrome. (e) Accessing child and infant health insurance programs. (f) Screening for breast and other common cancers. (g) Provide all necessary feminine hygiene products. (h) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases. (4) Medical examinations. The foster care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified health professional at the following intervals: (a) Three examinations during the first year of the child in care's life. (b) One examination at the age of two. (c) One examination at the age of four. (d) One examination at the age of six. (e) One examination at the age of nine. (f) One examination at the age of fourteen. (5) The foster care agency must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0376, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 31-2008, f. & cert. ef. 10-17-08
419-440-0190 Foster Care Agencies: Referral and Initial Evaluation of Children in Care A foster care agency must comply with all of the following requirements: (1) Referral. The foster care agency must have a policy that addresses the process by which children in care are referred to the foster care agency. The policy must include all of the following: (a) From whom referrals are accepted. (b) On what basis children in care are accepted by the foster care agency. (c) How information necessary to provide for the safety and care of children in care will be provided to proctor foster home parents, and staff of the foster care agency. (2) Initial evaluation of a child. The foster care agency must evaluate each child in care referred to the foster care agency for placement. In conducting the evaluation, the foster care agency must: (a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health. (b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care. (3) The foster care agency must be prepared to provide to a parent or legal guardian of a referred child suggestions for obtaining resources in the event the child is not accepted by the foster care agency for placement. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248, ORS 418.280 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0386, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 31-2008, f. & cert. ef. 10-17-08
419-450-0010 Homeless, Runaway, and Transitional Living Shelters: What Law Applies (1) These rules, OAR 419-450-0010 to 419-450-0120, regulate a child-caring agency that provides residential services for homeless or runaway youth, pregnant or parenting girls, or other children in care working towards independent living. (2) A child-caring agency that provides residential services for homeless or runaway youth pregnant or parenting girls, or other children in care working towards independent living must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 49-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0701, filed 11/28/2022, effective 12/01/2022 CWP 47-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0020 Homeless, Runaway, and Transitional Living Shelters: Client Rights (1) A child-caring agency must ensure that children in care are actively involved in the design, delivery, and ongoing planning of the services provided by the program. (2) A child-caring agency must ensure that nutritional needs are met as appropriate for each child in care. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: CWP 26-2022, renumbered from 413-215-0716, filed 11/28/2022, effective 12/01/2022 CWP 48-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0030 Homeless, Runaway, and Transitional Living Shelters: Staffing Requirements (1) A child-caring agency must have and follow written policies regarding minimum staffing requirements, including a written staffing plan that indicates the number of paid and volunteer staff in each job category. (2) During each shift, there must be at least one staff member who has been trained in a non-violent crisis intervention strategy. A volunteer or intern may be used to meet this requirement only if the volunteer or intern has met the training requirements for staff in OAR 419-450-0040 (3) A child-caring agency must have a ratio of staff to children in care that is sufficient to ensure that children in care receive adequate supervision and services. Statutory/Other Authority: ORS 409.050, ORS 418.240 OL 2016 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 OL 2016 History: OTIS 50-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0721, filed 11/28/2022, effective 12/01/2022 CWP 49-2020, 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 35-2008, f. & cert. ef. 10-17-08