justicedao/ipfs_state_laws huggingface dataset:
416-060-0035 Media Access to Youth in Custody in Substitute Care (1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary. (2) Interviews with Youth in Custody in Substitute Care may be approved by the OYA Communications Office and the Field Supervisor or designee, with the Youth in Custody’s consent, if in the Field Supervisor’s or designee’s judgment the interview is consistent with the following: (a) OYA’s mission and goals; (b) The Youth in Custody’s treatment planning and reformation; and (c) The Substitute Care Provider’s safe, secure and orderly operations. (3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s). (4) Conducting the interview (a) The interview must be supervised by the Substitute Care Provider or OYA and take place in a designated area approved by the Substitute Care Provider and the Field Supervisor or designee. (b) OYA may set reasonable limits for the length of the interview. (c) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Field Supervisor. (d) Other program or staff access separate from the interview may be granted with the approval of the OYA Communications Office, Field Supervisor or designee, and Substitute Care Provider. (5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity. (6) Youth in Custody may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience. (7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody in a Substitute Care Placement. Exceptions may be made by the OYA Communications Office and the Field Supervisor in extraordinary circumstances in their sole discretion. (8) Media Representatives may not attend depositions of Youth in Custody in Substitute Care Placement. (9) Youth in Custody in the community outside of Substitute Care Placements may be interviewed or photographed in the community (e.g., while playing high school sports) without reference to their OYA involvement. No OYA approval is required. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-060-0040 Access to Youth in Custody or OYA Facilities by Unaffiliated Persons (1) Unaffiliated Persons may be granted a tour of a Facility or program in accordance with OAR 416-420-0020 (Tours). (2) OYA may, at its sole discretion, grant Unaffiliated Persons access to Facilities and programs for a specific project when, in OYA’s judgment, the requested access will substantially further OYA’s mission and goals; and is consistent with the safe, secure and orderly management and operation of the Facility or Substitute Care Placement, and with the Youth in Custody’s treatment planning and reformation. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-070-0010 Definitions (1) Clinical Supervision: Oversight by a qualified person of mental health services and supports provided according to this rule, including ongoing evaluation and improvement of the effectiveness of those services and supports. (2) Diagnosis: A diagnosis consistent with the most current Diagnostic and Statistical Manual of Mental Disorders (DSM). (3) Mental Health Assessment: The written assessment by a QMHP of a Youth in Custody’s mental status and emotional, cognitive, family, developmental, behavioral, social, recreational, physical, nutritional, school or vocational, substance abuse, cultural and legal functioning; concluding with a diagnosis, clinical formulation, prognosis for treatment, treatment recommendations and plan. (4) Mental Status Examination: An overall standardized assessment of a Youth in Custody’s mental functioning and cognitive abilities. (5) OYA: Oregon Youth Authority. (6) Qualified Mental Health Professional (QMHP): A person who provides mental health treatment services to Youth in Custody. (7) Qualified Mental Health Associate (QMHA): A person who provides mental health services under the direct supervision of a QMHP and who meets the minimum qualifications as authorized by the Supervising Clinical Psychologist or designee. (8) Supervising Clinical Psychologist: A person who leads and directs OYA clinical mental health services statewide and reports to the OYA medical director. (9) Treatment Services Supervisor: A person who provides clinical supervision of the mental health treatment services and supports provided by a QMHP at an OYA facility. (10) Youth in Custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020 OYA 1-2017, f. & cert. ef. 1-31-17 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-070-0020 Initial Credentialing and Certification Process (1) The Supervising Clinical Psychologist or designee is responsible for credentialing employees hired as OYA Treatment Services Supervisors, QMHPs, and QMHAs. (2) Treatment Services Supervisors, QMHPs, and QMHAs must meet the requirements established in OAR 416-070-0030 as a Treatment Services Supervisor, QMHP, or QMHA. (3) The Supervising Clinical Psychologist or designee is responsible for reviewing education, experience and competencies to determine if the individual can be certified as meeting the professional standards of a Treatment Services Supervisor, QMHP, or QMHA as set forth in these rules. (4) A copy of transcripts, academic degrees, licenses, certifications, and verification forms used to record the credentialing and certification information must be retained in the Treatment Services Supervisor’s, QMHP’s, or QMHA’s personnel file. (5) OYA must provide to each person certified as a QMHA, QMHP, or a Treatment Services Supervisor, a position description describing the duties that the person is certified to provide. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020 OYA 1-2017, f. & cert. ef. 1-31-17 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-070-0030 Qualified Mental Health Associate (QMHA), Qualified Mental Health Professional (QMHP) and Treatment Services Supervisor Standards (1) A person must meet the following minimum qualifications to be certified to work as a QMHA in an OYA facility: (a) Bachelor's degree in psychology, social work, or behavioral science field; and (b) Have one of the following: (A) An equivalent degree as evidenced by providing transcripts indicating applicable coursework meeting the required competencies and approved by a Treatment Services Supervisor and the Supervising Clinical Psychologist; or (B) A combination of at least three years of relevant work, education, training, or experience; and (C) Receive clinical supervision. (2) A person must meet the following minimum qualifications to be certified to work as a QMHP in an OYA facility: (a) The person is a licensed medical practitioner; (b) The person has a current Oregon clinical mental health license in good standing; or (c) The person meets the following minimum qualifications: (A) Holds any of the following educational degrees: (i) Graduate degree in psychology; or (ii) Bachelor's degree in nursing and licensed by the State of Oregon; or (iii) Graduate degree in social work; or (iv) Graduate degree in a behavioral science field; or (v) Graduate degree in recreational, music, or art therapy; or (vi) Bachelor's degree in occupational therapy and licensed by the State of Oregon; and (B) Whose education and experience demonstrate the competency to identify precipitating events; gather histories of mental and physical disabilities, alcohol and drug use, past mental health services and criminal justice contacts; assess family, social and work relationships; conduct a Mental Status Examination; document a DSM Diagnosis; write and supervise a treatment plan; draft a Mental Health Assessment and provide individual, family and group therapy within the scope of their training. (3) A person must meet the following minimum qualifications to be certified to work as a Treatment Services Supervisor in an OYA facility: (a) A current Oregon clinical mental health license in good standing; and (b) Provides documentation to OYA demonstrating that the person meets the requirements of the licensing board associated with subsection (a) for provision of independent licensure supervision. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-070-0040 Clinical Supervision of QMHA and QMHP Employees (1) A QMHA or QMHP must deliver services under the direct supervision of: (a) A Treatment Services Supervisor; or (b) The Supervising Clinical Psychologist; or (c) A person designated by the Supervising Clinical Psychologist to provide clinical supervision. (2) The Treatment Services Supervisor, Supervising Clinical Psychologist, or person designated by the Supervising Clinical Psychologist to provide clinical supervision must operate within the scope of their practice or licensure, and demonstrate the competency to oversee and evaluate the mental health treatment services and supports provided by a QMHA or QMHP. (3) Clinical supervision must be provided at least weekly for each QMHA. (4) Clinical supervision must be provided at least monthly for each QMHP. (5) The effectiveness of a QMHA’s or QMHP’s mental health services will be evaluated by direct observation of clinical practice and overseeing the QMHA’s or QMHP’s service documentation, case planning, ethical practice, and assessment skills. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 1-2017, f. & cert. ef. 1-31-17 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-070-0050 QMHA, QMHP, and Treatment Services Supervisor Recertification, Certification Expiration, and Suspension (1) A practitioner who has a current Oregon clinical mental health license must maintain the license in good standing, and provide OYA with a current copy of the license. A licensed practitioner’s QMHP certification will expire when the practitioner’s license expires. (2) A QMHA certification or QMHP certification issued to unlicensed practitioners under these rules is subject to renewal every two years. (a) A QMHA certification or QMHP certification of an unlicensed practitioner will expire on September 30. The issuance date of the certified person's first certification will determine if the certification expires on an odd or even year. Certifications issued in odd-numbered years expire in the next odd-numbered year, and certifications issued in even-numbered years expire in the next even-numbered year. (b) A person seeking renewal of a certification must submit documentation of the following to the Supervising Clinical Psychologist or designee: (A) At least 24 hours of clinical supervision per year, prorated based on the person’s date of hire and budgeted position status; and (B) At least five hours of training pertinent to the mental health services in an OYA facility which may include OYA training, supervisor-approved completed readings, verified workshop attendance, or class participation in a graduate program focusing on mental health treatment of mental health disorders. (3) If the person's previous certification has expired, the person must apply for recertification by submitting the documents listed in section (2) of this rule to the Supervising Clinical Psychologist or designee. The person may not provide mental health services until the person is recertified, or a variance is granted as described in OAR 416-070-0060. (4) The Supervising Clinical Psychologist may suspend the certification of a QMHA, QMHP, or Treatment Services Supervisor employee based on concerns related to the employee’s performance and behavior while working in a professional capacity, pending the conclusion of a personnel, criminal, abuse or licensure investigation. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 3-2020, amend filed 04/06/2020, effective 04/06/2020 OYA 1-2017, f. & cert. ef. 1-31-17 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-070-0060 Variances (1) The Supervising Clinical Psychologist may grant a variance to the criteria used to determine the certification status of a QMHA, QMHP, Treatment Services Supervisor if the Supervising Clinical Psychologist documents the reason for the variance and the proposed timeline for the variance. (2) Signed documentation from the Supervising Clinical Psychologist indicating support of the variance must be retained in the subject QMHA, QMHP, or Treatment Services Supervisor employee’s personnel file. Statutory/Other Authority: ORS 420A.010, ORS 420A.025 & ORS 420A.022 Statutes/Other Implemented: ORS 420A.022 History: OYA 15-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 1-2017, f. & cert. ef. 1-31-17 OYA 1-2015, f. & cert. ef. 2-19-15 OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11 OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11
416-105-0000 Definitions (1) Authorized representative: Attorneys, law students, special investigators, and other persons who have legitimate connection with the legal issue being pursued. (2) Youth in Custody: A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021 OYA 1-2004, f. & cert. ef. 5-14-04
416-105-0010 Disclosure of Youth in Custody Case Record Information (1) Requests for case record information must be processed in compliance with OAR chapter 416, division 130. (2) OYA will disclose information contained in Youth in Custody case records in compliance with applicable federal and state laws, rules, and OYA policies and procedures. (a) Case records are any official agency information that identifies an individual who was committed to OYA custody by a court and received services from OYA. Case records include any writing or recording of information, such as automated records, printouts, Juvenile Justice Information System records, handwriting, typewriting, printing, photocopying, photographing, magnetic tapes, video recordings, audio recordings, and other documents. (b) OYA must also follow the Oregon Department of Corrections’ rules when disclosing information contained in case records of Youth in Custody who are, or were, in the legal custody of the Department of Corrections and physical custody of OYA. (3) Case record information may be used by OYA for purposes directly connected to the administration of OYA programs. Other uses are prohibited unless: (a) Required by federal or state law or regulation; (b) Ordered by a judge; (c) Pursuant to a subpoena; (d) Authorized by Oregon laws or administrative rules; or (e) Requested in writing by the Youth in Custody or the Youth in Custody’s authorized representative. (4) Confidential information (a) Individuals, agencies, or organizations that receive confidential information from OYA are expected to preserve the confidentiality of the communication. (b) Information obtained by OYA from another social agency, public department, institution, hospital, physician, or attorney is for the exclusive use of OYA in the administration of its program. Such information may be disclosed to individuals or agencies other than those specifically authorized in writing by the Youth in Custody when the disclosure is directly related to the administration of OYA and its programs. (A) Information received by OYA from Old Age Survivor and Disability Insurance (OASDI), Veteran's Administration, the Workers’ Compensation Board, or information contained in child abuse investigation reports may not be released, regardless of the Youth in Custody’s authorization. (B) Substance use treatment information may only be released when criteria in the federal regulations are met. (C) Release of Youth in Custody medical records or mental health information may only be released in compliance with Oregon laws. (5) Copies of Youth in Custody information used for ad hoc consultation (e.g., case staffing) and not needed for the consultant's permanent file must be promptly destroyed. (6) When a Youth in Custody’s case record or part of the case record has been sealed or marked as expunged, the provisions of OAR chapter 416, division 140 apply. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 4-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 2-2021, amend filed 03/04/2021, effective 03/04/2021 OYA 1-2004, f. & cert. ef. 5-14-04
416-106-0010 Purpose The Oregon Youth Authority (OYA) values treating victims of crime with dignity and respect, and keeping them informed as prescribed by law. These rules delineate when OYA may disclose certain information about adjudicated youth to victims of crime. Statutory/Other Authority: ORS 420A.025 & ORS 420A.115 Statutes/Other Implemented: ORS 420A.115 History: OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023
416-106-0020 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under 419C.005 for an act committed when the person was under 18 years of age. (2) Crime: The act that has brought the adjudicated youth before the juvenile court. (3) OYA: Oregon Youth Authority. (4) Parole: The conditional release of an adjudicated youth from a youth correction facility subject to the director’s authority to revoke parole pursuant to ORS 420.045(3). (5) Victim: Any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime, and, in the case of a victim who is a minor, the legal guardian of the minor. (6) Youth correction facility: A facility used for the confinement of adjudicated youth and others, and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities. Statutory/Other Authority: ORS 420A.025 & ORS 420A.115 Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122 History: OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023
416-106-0030 Victim notification upon an adjudicated youth's commitment to OYA OYA must notify a victim upon an adjudicated youth’s commitment to OYA of the following: (1) How the victim may request the progress, on a prescribed metrics scale, that the adjudicated youth has made while in a youth correction facility; (2) How the victim may request to be contacted to provide information about the potential impact of authorizing parole for the adjudicated youth; (3) How the victim may request to be notified of the adjudicated youth’s movement during the adjudicated youth’s confinement to a youth correction facility; and (4) That for victim notification purposes, an adjudicated youth’s movement includes the following: (a) Initial and any subsequent confinement to a youth correction facility; (b) Escape from a youth correction facility; (c) Parole; (d) Parole revocation; (e) Unauthorized absence from a parole community placement; (f) Return from an unauthorized absence from a parole community placement; and (g) Discharge from OYA parole supervision and custody. Statutory/Other Authority: ORS 420A.025, ORS 420A.115 & ORS 420A.122 Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122 History: OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023
416-106-0040 Adjudicated youth information disclosable to victims (1) OYA may share with a victim an adjudicated youth’s progress while in a youth correction facility in any of these instances: (a) At the victim’s request; (b) When OYA seeks information from the victim regarding the impact of the crime in order to assist with case planning for the adjudicated youth; or (c) When OYA seeks information from the victim regarding the potential impact of authorizing the adjudicated youth to go on parole. (2) In any of the circumstances listed in section (1) above, OYA may share with a victim the adjudicated youth’s progress while in a youth correction facility in the following areas: (a) Completion of assigned services and reformation goals; (b) Overall level of engagement in services and reformation goals; (c) Recognition of the impact of the adjudicated youth’s actions on the victim; (d) Recognition of the impact of the adjudicated youth’s actions on the community; and (e) Completion of a transition plan for parole. (3) An adjudicated youth’s progress while confined in a youth correction facility may be shared with the victim only by a metrics scale that describes the progress in each of the areas listed in section (2) above. The metrics scale is adopted as Exhibit 1 “Adjudicated Youth Progress Scale” and incorporated by reference into this rule. A copy may be obtained from OYA. (4) OYA may share the following information regarding an adjudicated youth with the victim in the circumstances listed in section (1) above, when the adjudicated youth is authorized for parole, and prior to the adjudicated youth’s discharge from a youth correction facility: (a) The adjudicated youth’s name and date of birth; (b) The names and addresses of the adjudicated youth’s parents or guardians; (c) The name and contact information of the attorney for the adjudicated youth, if known; (d) The name and contact information of the individual to contact for further information about the notification; (e) The adjudicated youth’s date of release or discharge; (f) The type of placement to which the adjudicated youth is released; (g) The specific offense that brought the adjudicated youth within the jurisdiction of the juvenile court; (h) Any terms of parole including, but not limited to, whether school attendance is a condition of release; and (i) Any other conditions required by the court. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 420A.025, ORS 420A.115 & ORS 420A.122 Statutes/Other Implemented: ORS 420A.115 & ORS 420A.122 History: OYA 16-2023, adopt filed 05/30/2023, effective 05/31/2023