justicedao/ipfs_state_laws huggingface dataset:
419-420-0140 Adoption Agencies: Adoption Finalization Requirements (1) For the legal finalization of an adoption, an adoption agency must prepare and promptly provide to the adoptive family or the family's attorney all documents required for filing with the court. (2) After consenting to the adoption of a minor child, an adoption agency must promptly file with the appropriate court all required documents that are available. 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 413-215-0471, filed 11/28/2022, effective 12/01/2022 CWP 14-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 Renumbered from 413-220-0080, CWP 32-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95
419-420-0160 Adoption Agencies: Services to Children from the United States Placed in Other Countries Before making a plan to place a child from the United States with non-relative citizens of another country, an adoption agency must make reasonable efforts to actively recruit and make a diligent search for prospective adoptive parents in the United States.. 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 413-215-0481, filed 11/28/2022, effective 12/01/2022 CWP 16-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08
419-430-0010 Day Treatment Agencies: What Law Applies (1) These rules, OAR 419-430-0010 to 419-430-0110, regulate a child caring agency that provides day treatment services. A day treatment agency must: (a) Comply with OAR 419-400-0005 to 419-400-0310 and OAR 419-430-0010 to 419-430-0110; and (b) Comply with all requirements in OAR chapter 309, division 22 applicable to providers of psychiatric day treatment. (2) OAR 419-430-0010 to 419-430-0110 do not apply to a program that provides residential care under OAR 419-470-0010 to 419-470-0180, an academic boarding school (OAR 419-410-0010 to 419-410-0150), or a therapeutic boarding school (OAR 419-490-0010 to 419-490-0170. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 62-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0801, filed 11/28/2022, effective 12/01/2022 CWP 56-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0020 Day Treatment Agencies: Staff Qualifications and Minimum Staffing Requirements (1) A day treatment agency must utilize teachers licensed in accordance with the requirements of the Teachers Standards and Practices Commission. (2) A qualified clinical supervisor must direct the clinical program and supervise clinical staff. (3) A day treatment agency must employ mental health service delivery staff who meet the qualifications described at OAR 309-022-0125. (4) A day treatment agency must have sufficient Qualified Mental Health Professionals (QMHP) and other staff on duty to meet the severity and acuity of children in care served by the day treatment agency. In no case may the ratio of children to QMHP on duty be more than 12 children for each QMHP. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0811, filed 11/28/2022, effective 12/01/2022 CWP 57-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0040 Day Treatment Agencies: Building Plans for New Facility or Remodel A day treatment agency must meet all of the following requirements: (1) A set of plans and specifications for each day treatment facility operated by the day treatment agency 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 day treatment agency not previously licensed under OAR 419-430-0020 to 419-430-0110. (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 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 63-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0821, filed 11/28/2022, effective 12/01/2022 CWP 59-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0050 Day Treatment Agencies: Environmental Health A day treatment agency must meet all of the following requirements: (1) The program of the day treatment agency 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 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0826, filed 11/28/2022, effective 12/01/2022 CWP 60-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0060 Day Treatment Agencies: Food Services A day treatment agency must meet all of the following requirements related to food services: (1) Nutrition and dietary requirements. (a) A day treatment agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation. (b) 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 child at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the facility record for at least six months. (c) Drinking water must be freely available to the children in care served by the day treatment agency. (2) Food selection, storage, and preparation. (a) All food and drink provided by the agency 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 day treatment agency must be obtained from commercial suppliers, except that: (A) Fresh fruits and vegetables and fruits or vegetables frozen by the day treatment agency 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 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 day treatment agency. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0831, filed 11/28/2022, effective 12/01/2022 CWP 61-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0070 Day Treatment Agencies: Safety A day treatment agency 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 day treatment agency 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 day treatment agency must comply with existing state and local fire safety codes. (2) Emergency plan. (a) The day treatment agency 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 day treatment agency 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 day treatment agency 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 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0836, 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 36-2008, f. & cert. ef. 10-17-08
419-430-0080 Day Treatment Agencies: Health Services A day treatment agency must provide oversight of the clinical aspects of health care provided to children in care and must provide psychiatric on-call consultation at all times. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0841, filed 11/28/2022, effective 12/01/2022 CWP 62-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0100 Day Treatment Agencies: Policies and Procedures A day treatment agency must have a written policy that includes the following: (1) Hours of operation. (2) Service area. (3) Family expectations and participation requirements. (4) Type of behavioral and affective characteristics of the children in care. (5) Psychiatric, therapeutic, or counseling services offered. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0851, filed 11/28/2022, effective 12/01/2022 CWP 64-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 36-2008, f. & cert. ef. 10-17-08
419-430-0110 Day Treatment Agencies: Educational Services The educational services of a day treatment agency must comply with all of the following requirements: (1) The day treatment agency 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 day treatment agency must ensure 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, institutions of higher education, and receive a high school diploma or GED. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0856, 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 36-2008, f. & cert. ef. 10-17-08
419-440-0010 What Law Applies These rules, OAR 419-440-0010 to 419-440-0210, regulate a child-caring agency licensed as a foster care agency. A foster care agency 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 - 418.325 History: OTIS 38-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0301, 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 Renumbered from 413-210-0400, CWP 31-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-440-0020 License Requirements (1) A foster care agency must be licensed by the Department to certify a home as a proctor foster home . (2) A foster care agency must be licensed by the Department before the foster care agency accepts physical custody of a child in care for placement in a proctor foster home . (3) In addition to the requirements in OAR 419-400-0005 to 419-400-00310 to be licensed by the Department, a foster care agency must: (a) Have a current, written program statement that describes: (A) The type of program and foster care provided. (B) The children in care served. (C) The services provided to the children in care, their families, their proctor foster families, or their approved proctor foster homes. (D) The geographical area covered. (b) Have an ongoing recruitment and retention program to ensure an adequate number of suitable proctor foster homes based on the written program statement of the foster care agency . (c) Have policies and procedures describing the level of oversight the foster care agency will provide to each proctor foster home that include: (A) The frequency of site visits to each proctor foster home . (B) How site visits will be documented. (C) When and how the foster care agency will provide increased oversight to a proctor foster home. (D) How often a child in care will have face-to-face contact and with whom. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.280, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: OTIS 39-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0311, 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 413-210-0470, CWP 31-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-440-0030 Foster Care Agencies: Personal Qualifications Required for Approved Proctor Foster Parents (1) To be approved by a foster care agency as an approved proctor foster parent , the applicant must: (a) Be at least 21 years of age. (b) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior. (c) Possess the ability to manage the applicant's home and personal life. (d) Possess the ability to apply the reasonable and prudent parent standard when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities. (e) Maintain conditions in the home that provide safety and well-being for the child in care . (f) Have supportive relationships with adults and children living in the household and with others in the community. (g) Have a lifestyle and personal habits free of criminal activity and abuse or misuse of alcohol or other drugs. (h) Have the physical and mental capacity to care for a child in care . A foster care agency or the Department may, by request, require an applicant to: (A) Provide copies of medical reports from a health care professional. (B) Complete an expert evaluation with a report provided to the foster care agency . (i) Assure that all adult members of the household (excluding a child in care ): (A) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior, within the individuals' developmental and cognitive abilities; (B) Do not pose a risk to the safety, health, and well-being needs of a child in care; (C) Have a lifestyle and personal habit free of criminal activity and abuse or misuse of alcohol or other drugs; and (D) Cooperate with the foster care agency's assessment of the household. (j) Have adequate financial resources in place to meet the needs of the current household. (2) A foster care agency may only approve an applicant as an approved proctor foster parent if the applicant meets the requirements of section (1) of this rule. (3) A foster care agency may only use a proctor foster home if each approved proctor foster parent meets the requirements of section (1) of this rule. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.280, ORS 418.248 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0313, 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
419-440-0060 Foster Care Agencies: Orientation for Proctor Foster Home Applicants (1) To be approved by a foster care agency to operate a proctor foster home, an applicant must complete orientation training. (2) In addition to the requirements in OAR 419-400-0120(4) and (5), the orientation training required by section (1) of this rule must, at a minimum, include all of the following: (a) The policies and procedures of the foster care agency. (b) The needs and characteristics of children in care needing placement. (c) Attachment, separation, and loss issues for children in care and families. (d) The importance of cultural identity to the child in care and ways to foster this identity. (e) The impact of foster care on the child in care and family. (f) The rights and responsibilities of the proctor foster parent and the foster care agency. (g) The resources available to the foster parent or approved proctor foster parent. (h) Confidentiality. (i) Rights of families and children in care. (j) Copies of all of the following documents: (A) The program statement described in OAR 419-440-0080. (B) The requirements for proctor foster homes. (C) The policies of the foster care agency governing proctor foster homes. (D) The training requirements of the foster care agency for proctor foster homes. (E) The licensing rules for foster care agencies. (F) Expectations for working with the foster care agency. (3) The foster care agency must document in the file of each applicant if the applicant has received the orientation described in section (2) of this rule. 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 42-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0321, 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
419-440-0070 Foster Care Agencies: Training for Parents in Proctor Foster Care (1) The foster care agency must have and follow a written training plan that: (a) Provides each proctor foster home parent in a proctor foster home a minimum of 16 hours of training before the foster care agency places a child in care in the home. (b) Provides each proctor foster home parent in a proctor foster home a minimum of 16 hours of training annually prior to the issuance of the annual approval required by OAR 419-440-0080. (c) The training plan must include all of the following topics: (A) Characteristics and needs of children in care who may be placed with the proctor foster home . (B) Ways to effectively parent children in care who are placed by the foster care agency , including application of the reasonable and prudent parent standard . (C) Positive behavior management, non-punitive discipline. (D) The importance of the family of the child in care and working with the family of the child in care. (E) The importance of age-appropriate or developmentally appropriate extracurricular, enrichment, cultural, and social activities. (F) Preparation of the child in care for independence based on the age, stage of development, and needs of the child in care . (G) Legal responsibility to report suspected child abuse. (H) Cardiopulmonary resuscitation (CPR) and first aid training sufficient to retain a current certification. (I) Medication administration. (J) Emergency preparedness and planning. (2) The foster care agency must document in proctor foster home records the training received by each p roctor foster home parent. 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 43-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0326, 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 413-210-0440, CWP 31-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95