justicedao/ipfs_state_laws huggingface dataset:
411-348-0170 Staffing Requirements (1) A Host Home must have in-residence caregivers or staff present appropriate to the number of all of the following: (a) Children receiving services to meet the needs of the children in accordance with each child's ISP; (b) Other children in the Host Home; and (c) Care-dependent adults. (2) There must be at least one in-residence caregiver or staff member present in the Host Home when a child enrolled to receive service in the Host Home is in the Host Home. (3) A child may not be left alone in a vehicle, unless identified as appropriate in accordance with the child’s ISP. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0180 Individual Summary Sheets A program provider must maintain a current one to two-page summary sheet for each child receiving services from the program provider. A copy of the summary sheet must be maintained by the program provider and at the Host Home. The record must include all of the following: (1) The child's name, current and previous address, date of entry into the Host Home, date of birth, gender identity, sex, religious preference, current hospital, medical prime number and private insurance number (where applicable), and guardianship information. (2) A photo of the child taken within the last year. (3) The name, address, and telephone number of the following: (a) The child's family, parent, guardian, advocate, or other significant person. (b) The child's current physician, secondary physician, or clinic. (c) The child's current dentist. (d) The child's current pharmacy. (e) The child's current school and educational surrogate, if applicable. (f) The child's CDDP services coordinator. (g) The child's behavior professional, when professional behavior services are actively involved with the development of a Temporary Emergency Safety Plan, Functional Behavior Assessment, or Positive Behavior Support Plan, or the maintenance of the Positive Behavior Support Plan. (h) Other representatives providing services to the child including an attorney or CASA (Court Appointed Special Advocates) representative. (4) Any court-ordered, or parent or guardian authorized, contacts or limitations. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0185 Emergency Information (1) The program provider, in collaboration with the in-residence caregiver, must maintain at each Host Home emergency information for each child receiving services in the Host Home in addition to the individual summary sheet described in OAR 411-348-0180. (2) The emergency information must be kept current and include all of the following: (a) The name of the child. (b) The name, address, and telephone number of the program provider and in-residence caregiver. (c) The physical description of the child, which may include a picture and the date the picture was taken, and identification of: (A) The race, gender identity, sex, height, weight range, hair, and eye color of the child; and (B) Any other identifying characteristics that may assist in identifying the child if the need arises, such as marks or scars, tattoos, or body piercings. (d) Information on the abilities and characteristics of the child, including: (A) How the child communicates; (B) The language the child uses or understands; (C) The ability of the child to know and take care of bodily functions; and (D) Any additional information that may assist a person not familiar with the child to understand what the child may do for him or herself. (e) The health support needs of the child, including: (A) Diagnosis; (B) Allergies or adverse drug reactions; (C) Health issues that a person needs to know when taking care of the child; (D) Special dietary or nutritional needs, such as requirements around the textures or consistency of foods and fluids; (E) Food or fluid limitations due to allergies, diagnosis, or medications that the child is taking that may be an aspiration risk or other risk for the child; (F) Additional special requirements the child has related to eating or drinking, such as special positional needs or a specific way foods or fluids are given to the child; (G) Physical limitations that may affect the ability of the child to communicate, respond to instructions, or follow directions; and (H) Specialized equipment needed for mobility, positioning, or other health-related needs. (f) The emotional and behavioral support needs of the child, including: (A) Mental health or behavioral health diagnosis and the behaviors displayed by the child; and (B) Behavioral strategies or interaction guidelines to use when addressing challenging behavior exhibited by the child. (g) Any court-ordered, or parent or guardian authorized, contacts or limitations. (h) The supervision requirements of the child and why. (i) Any additional pertinent information that may assist in the care and support of the child if a disaster occurs. (3) A program provider must maintain a written Emergency Plan for the protection of all children in the Host Home in the event of an emergency or disaster. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0200 Transportation (1) Service providers, including the program provider, in-residence caregiver, staff, and volunteers who own or operate vehicles that transport children, must: (a) Maintain the vehicle in safe operating condition; (b) Comply with Department of Motor Vehicles laws; (c) Maintain or assure insurance coverage including liability, on all vehicles and all authorized drivers; and (d) Carry a first aid kit in the vehicle. (2) When transporting, the driver must ensure that all children use seat belts. Car seats or booster seats must be used for transporting all children as required by law. When transporting children in wheel chairs, the driver must ensure that wheel chairs are secured with tie downs and that children wear seat belts. (3) Drivers operating vehicles that transport children must meet applicable Department of Motor Vehicles requirements as evidenced by a driver's license. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0210 Transition Planning and Supporting Families A program provider must adopt, in addition to the individual and family involvement policy required by OAR 411-323-0060, policy and procedure that supports a child’s relationship with their family. A planning goal, when it is a safe and legal option, must include efforts to support the child’s return to their family home. The program provider is expected to deliver supports when appropriate, including: (1) Participation in transition planning; (2) Arranging for transportation for child and family visitation; (3) Staffing and behavior support services in preparation for family visitation; (4) Supporting contact between the child and family, including phone calls, written communication, and other means of communication with family; and (5) Allowing families access to the child in the Host Home setting, when safe and not legally prohibited. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0220 Required Furnishings (1) Bedroom furniture must be provided or arranged for each child and include: (a) A bed including a frame unless otherwise documented by an ISP team decision, a clean comfortable mattress, a waterproof mattress cover if the child is incontinent, and a pillow; (b) A private dresser or similar storage area for personal belongings that is readily accessible to the child; and (c) A closet or similar storage area for clothing that is readily accessible to the child. (2) The bedroom décor and furnishing must reflect the personal style and preferences of the child. (3) Two sets of linens must be provided or arranged for each child and include: (a) Sheets and pillowcases; (b) Blankets appropriate in number and type for the season and the comfort of the child; and (c) Towels and washcloths. (4) Each child must be assisted in obtaining personal hygiene items in accordance with individual needs and items must be stored in a sanitary and safe manner. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0240 Assessment of Fire Evacuation Assistance and Fire Safety Evacuation Plan (1) A program provider must assess, within 24 hours of a child's entry to a Host Home, the child's ability to evacuate the Host Home in response to an alarm or simulated emergency. (2) A program provider must document the level of assistance needed by each child to safely evacuate the Host Home and the documentation must be maintained in the child's records. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0250 Fire Drill Requirements and Fire Safety (1) A program provider, in collaboration with an in-residence caregiver, must conduct unannounced evacuation drills when children are present, one per quarter each year with at least one drill per year occurring during the hours of sleep. Drills must occur at different times during day and night with exit routes being varied based on the location of a simulated fire. (2) Written documentation must be made at the time of the fire drill and kept by the program provider for at least two years following the drill. Fire drill documentation must include: (a) The date and time of the drill or simulated drill; (b) The location of the simulated fire and exit route; (c) The last names of all children and in-residence caregivers or staff present on the premises at the time of the drill; (d) The type of evacuation assistance provided by in-residence caregivers or staff to each child as specified in each child's safety plan; (e) The amount of time required by each child to evacuate; and (f) The signature of the in-residence caregiver or staff conducting the drill. (3) Smoke alarms or detectors, carbon monoxide detectors, and protection equipment must be inspected and documentation of inspections maintained as recommended by the local fire authority or State Fire Marshal. (4) A program provider must provide necessary adaptations to ensure fire safety for sensory and physically impaired children. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0260 Fire Safety Evacuation Plans (1) A program provider must assure a Host Home has a written fire safety evacuation plan for all children: (a) Residing in the Host Home who are unable to evacuate the Host Home in three minutes or less; (b) Whose ISP team has determined may not participate in fire drills; or (c) Assigned to a bedroom located on a floor other than ground level. (2) The written fire safety evacuation plan must include documentation of: (a) The risk to the child's medical and physical condition and behavioral status; (b) Alternative practices used to evacuate the Host Home, including level of support needed; (c) The routes to be used to evacuate the Host Home to a point of safety; (d) Assistive devices required for evacuation; (e) The frequency the fire safety evacuation plan shall be practiced and reviewed by the child, program provider, in-residence caregiver, and any staff working in the Host Home; and (f) A plan to encourage the child's future participation when the child's ISP team has determined the child may not participate. (3) The child's parent or guardian, services coordinator, and the program provider's Executive Director or designee must approve the fire safety evacuation plan. (4) The program provider must maintain documentation of the practice and review of the fire safety evacuation plan by the child and the in-residence caregiver or staff. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0300 Rights, Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL RIGHTS. (a) A program provider and in-residence caregiver must protect the rights of children described in OAR 411-318-0010 and encourage and assist children and the child’s parent or guardian to understand and exercise these rights. (b) Upon entry and request and annually thereafter, the individual child rights described in OAR 411-318-0010 must be provided to a child and the child’s parent or guardian. (c) The individual rights apply to all children eligible for or receiving developmental disabilities services. A parent or guardian may place reasonable limitations on the rights of a child. (d) The child and their parent or guardian must be notified annually, in accordance with the ISP, of the services available from the Residential Facilities Ombudsman. (2) COMPLAINTS. (a) Complaints by or on behalf of children must be addressed in accordance with OAR 411-318-0015. (b) Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to a child and the child’s parent or guardian. (3) NOTIFICATION OF PLANNED ACTION. In the event a developmental disabilities service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action on a Department-approved form must be provided as described in OAR 411-318-0020. (4) HEARINGS. (a) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025. (b) A child’s parent or guardian may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction, suspension, or termination or OAR 411-318-0030 for an involuntary reduction, transfer, or exit. (c) Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to a child and the child’s parent or guardian. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0370 Personal Property (1) A program provider must prepare and maintain an accurate individual written record of personal property that has significant or monetary value to each child as determined by a documented ISP team or parent or guardian decision. (2) The record must include: (a) The description and identifying number, if any; (b) Date of inclusion in the record; (c) Date and reason for removal from the record; (d) Signature of in-residence caregiver or staff making each entry; and (e) A signed and dated annual review of the record for accuracy. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0380 Financial Records and Managing Money (1) A program provider must maintain a separate financial record for each child receiving services in a Host Home. Errors must be corrected with a single strike through and initialed by the person making the correction. The child's financial record must include all of the following: (a) Date, amount, and source of all income received on the child's behalf. (b) Room and board fee paid at the beginning of each month. (c) Date, amount, and purpose of funds disbursed on the child's behalf. (d) Signature of the person making the entry. (2) A child's ISP team may address how the personal spending money of a child is managed. Records must be kept in accordance with each child’s financial plan, including documentation in the child’s financial record and inclusion of receipts for large purchases. (3) If a child has a separate commercial bank account, records from the account must be maintained with the child's financial record. (4) A child's personal funds must be maintained in a safe manner and separate from the funds of other members of the household. (5) A program provider must reimburse a child any funds that are missing due to theft or mismanagement on the part of any in-residence caregiver or staff member of the Host Home or for any funds within the custody of the program provider or in-residence caregiver that are missing. Such reimbursement must be made within 10 business days of the verification that funds are missing. (6) Misuse of funds may be cause for an administrative sanction, including conditions, civil penalty, suspension, revocation, or denial of renewal of a license. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0470 License Denial, Suspension, Revocation, and Refusal to Renew (1) The Department shall deny, suspend, revoke, or refuse to renew a license where the Department finds there has been substantial failure to comply with these rules or where the State Fire Marshal or the State Fire Marshal's representative certifies there is failure to comply with all applicable ordinances and rules relating to safety from fire. (2) The Department shall suspend the Host Home license where imminent danger to health or safety of children exists. (3) The Department shall deny, suspend, revoke, or refuse to renew a license where it finds that a program provider or in-residence caregiver is on the current Centers for Medicare and Medicaid Services list of excluded or debarred providers. (4) Revocation, suspension, or denial is done in accordance with the rules of the Department and ORS chapter 183. (5) Failure to disclose requested information on the application or provision of incomplete or incorrect information on the application constitutes grounds for denial or revocation of the license. (6) The Department shall deny, suspend, revoke, or refuse to renew a license if the licensee fails to implement a plan of correction or comply with a Final Order of the Department imposing an administrative sanction, including the imposition of a civil penalty. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0480 Criminal Penalties (1) Violation of any provision of ORS 443.400 through 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0490 Host Home Provider Eligibility for Medicaid Service Payment (1) In addition to meeting the licensing standards and conditions set forth in these rules, a program provider must have an approved prior authorization through the Department payment system for children receiving Medicaid-funded services before the program provider is eligible to claim for delivering Medicaid-funded services. The prior authorization includes dates of authorized services and the funding amount allocated. (2) A program provider may only claim for a day of service when: (a) A child sleeps in the Host Home or alternative care setting overnight; or (b) A child does not sleep in the Host Home overnight, but intends to return to the Host Home, and the program provider was responsible for an accumulated period of eight hours for the primary care, support, safety, and well-being of the child, including any of the following: (A) Providing intermittent physical support or care. (B) Providing stand-by support with the ability to respond in person within the response times as outlined in the child's ISP. (C) Being responsible to communicate reciprocally within the response times agreed upon by the child's ISP team and documented in the child's ISP, based on the child’s identified support needs. (3) A day of service does not apply when a child: (a) Has been admitted overnight to a hospital. (b) Has been admitted to a nursing facility. (c) Is held in detention or jail. (4) A program provider may only claim for a day of service under section (2)(b) of this rule when a child is away from the Host Home or alternative care setting, accompanied by a program provider, in-residence caregiver, or staff, for up to 30 consecutive days or 45 calendar days in an ISP year. (a) The program provider is not paid for the 31st and following consecutive days when a child is away from the Host Home. (b) A program provider is not paid for the 46th and following non-consecutive days a child is not at the licensed Host Home overnight. (c) Days not paid do not count in the 45-calendar day total. Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 8-2025, amend filed 07/14/2025, effective 07/15/2025 APD 2-2025, temporary amend filed 01/23/2025, effective 01/23/2025 through 07/21/2025 APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019