justicedao/ipfs_state_laws huggingface dataset:
137-081-0030 Eligibility and Application (1) An applicant may request one or more copies of a Hope Card by submitting a completed application to the Oregon Department of Justice, Crime Victim and Survivor Services Division (CVSSD) on a form prescribed by CVSSD in any of the following ways: (a) Through the CVSSD Online Portal; (b) Via e-mail, by sending the completed form to HopeCard@doj.state.or.us ; (c) Via mail, by printing the blank form from the CVSSD website, filling it out, and then mailing to Oregon Department of Justice, Crime Victim and Survivor Services Division, Hope Card Program, 1162 Court Street NE, Salem, OR, 97301-4096. (2) A completed application must include, at a minimum: (a) Court case number of the eligible civil protection order; (b) Court that issued the eligible civil protection order; (c) Date that the eligible civil protection order was issued; (d) First and last names of petitioner, any additional protected parties, and respondent; (e) Date of birth of respondent, if known; and (f) Address to which the Hope Card should be sent. (3) CVSSD may request additional information from an applicant in order to facilitate verification of the eligible civil protection order and processing of the application. (4) After verifying the validity of the civil protection order upon which the application is based and that the application is based on an eligible civil protection order, CVSSD will issue one or more Hope Cards to the applicant. (5) There shall not be any charge for an application for, or the issuance of, a Hope Card. (6) When an application is denied by CVSSD for any reason, CVSSD shall inform the applicant in writing that the application has been denied and the reason for the denial. The applicant may reapply at any time. Statutory/Other Authority: ORS 180.270, HB 2746 (2021) Statutes/Other Implemented: ORS 180.270, HB 2746 (2021) History: DOJ 9-2023, adopt filed 06/28/2023, effective 07/05/2023
137-081-0040 Contents of a Hope Card A Hope Card will contain the following information based on the contents of the verified eligible civil protection order: (1) The name of the petitioner and any additional protected parties of the eligible civil protection order; (2) The name and if available, personal identifiers of the respondent of the eligible civil protection order; (3) Name of the issuing court or jurisdiction and court case number of the eligible civil protection order; (4) Issuance date of the eligible civil protection order; (5) Expiration date, if any, of the eligible civil protection order; (6) Information about mandatory arrest and full faith and credit enforcement of protection orders; and (7) Any other information CVSSD deems necessary or desirable to further the purposes of the Hope Card program. Statutory/Other Authority: ORS 180.270, HB 2746 (2021) Statutes/Other Implemented: ORS 180.270, HB 2746 (2021) History: DOJ 9-2023, adopt filed 06/28/2023, effective 07/05/2023
137-082-0200 Purpose These rules outline the implementation of the Child Abuse Multidisciplinary Intervention (CAMI) Account, as well as sets forth eligibility criteria for county multidisciplinary child abuse teams, and public and private agencies applying for funding under ORS 418.746 et seq., to qualify for CAMI Account funds. Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-082-0230 Notice and Time Limits on Application (1) The Department will send application materials to a designated representative of the county's MDT on a biennial basis. Applicants with a history of compliance with all eligibility and reporting requirements for a period of at least 4 years, may, at the discretion of the CAMI Account Administrator be provided an abbreviated bi-annual application that will certify continued compliance with eligibility along with any updated information that is necessary or requested by the CAMI Account Administrator. (2) Eligibility will be determined biennially based upon review by the Advisory Council on Child Abuse Assessment and the CAMI Account Administrator. A request for application and continued eligibility will be determined by the CAMI Account Administrator through review of the annual report. (3) If the Advisory Council on Child Abuse Assessment or CAMI Account Administrator finds deficiencies in the application, the applicant will be informed through the Crime Victims’ Services Division (CVSD) E-Grant system to make specified modifications. The applicant must submit the requested modifications to its application to correct these deficiencies before a CAMI Grant Agreement will be issued. The CAMI Account Administrator will issue a CAMI Grant Agreement upon approval of the modified application or issue a denial with any additional terms deemed necessary for the modified application to receive approval. (4) If a requested revised Plan is not submitted within the designated timeframe assigned by DOJ, the applicant will be declared ineligible. The funds designated for that county will be reallocated to other eligible applicants as per OAR 137-082-0280. Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-082-0240 Transfer of Funds (1) Upon approval of the application, and following the grant award, the Department will enter into a Grant Agreement with the county or the public and private agencies, recommended pursuant to ORS 418.746(5) and (6) and approved by the Department, or any of the foregoing. The Department will disburse funds in accordance with the Grant Agreement. The Department will not purchase services directly from a local service provider. (2) A percentage of the Criminal Fines and Assessment Public Safety Fund CAMI Account appropriation will be reserved for each county based upon a biennial calculation that takes into account numbers relating to population under age 18 and crime rates for the county. Any unclaimed funds will be reallocated in accordance with OAR 137-082-0280. (3) General Fund allocation — Will be allocated through the same process under OAR 137-082-0240(2). Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-082-0260 Method of Review/Role of Advisory Council (1) Staff from the CVSD will review each county's application and each recommended public or private agency's application. A committee comprised of members of the Advisory Council on Child Abuse Assessment, and other members as may be appointed by the Department, will review and submit to the Department a recommendation regarding approval of each county's Plan the county's application for funding and each county's recommended public or private agency application for funding if any. The committee will determine if the application: (a) Meets the established eligibility requirements; (b) Responds to the county's needs as identified in their Plan for comprehensive services to the victims of child abuse; (c) Substantially furthers the goals and purposes of ORS 418.747, (418.780,) 418.790, and 418.792; and (d) Documents proper allocation of previous funds and the extent to which anticipated outcomes were achieved for children and families. (2) The final responsibility for approval, conditional eligibility approval or denial shall rest with the Department. (3) Formal notification of approval, conditional approval or denial will be given to counties and county recommended public or private agencies in a timely manner. (4) The Department and Advisory Council may, at any time, conduct a site visit, and may review any records relating to the provision of services and expenditure of funds under this project. All information and records pertaining to individual families and children, reviewed by the Department or a designated body in the exercise of its duties related to the CAMI program, shall be maintained in accordance with the provisions of law, and the terms of applicable Grant Agreements. The information and records will be treated as confidential records by such parties, except to the extent that permission is provided by the affected parties, or as the law may otherwise require. Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-082-0270 Grievance Procedures (1) Applicants have a right to a review of decisions regarding their conditional eligibility or denial of eligibility for CAMI funds. (2) Each Applicant will be informed of the procedure for review, (“grievance procedure”) at the time a decision is made regarding an Applicant’s eligibility for CAMI funds. (3) No Applicant will be subject to reprisal for seeking a review of a decision regarding conditional eligibility or denial of eligibility for CAMI funds. (4) To invoke this grievance procedure, an Applicant must make a written request to the CAMI Account Administrator within 30 days after receiving notification of the conditional eligibility or denial. (5) When the Department is notified that an Applicant has timely filed a grievance regarding conditional eligibility or denial of eligibility for CAMI funds, a meeting will be scheduled with the CAMI Account Administrator. This meeting will involve the applicant and other members of the county's MDT as the Applicant deems necessary to present its case. The CAMI Account Administrator and members of the Advisory Council may be present at this meeting. Every effort will be made to have this meeting occur within 2 weeks of receipt of the grievance. (6) If the matter is not resolved through the grievance procedure, the applicant may request a review of the issue by the Director of the CVSD. The Applicant must make a written request to the Director of the CVSD within 30 days following notification of the results of meeting with the CAMI Account Coordinator. (7) The Director of the CVSD shall respond in writing to the Applicant's request for review within 30 days. If this response does not resolve the matter the Applicant may request an administrative review by the State Attorney General. Request for such a review shall be made in writing to the State Attorney General and shall include a statement of the problem and the desired resolution. Written notice of intent to pursue administrative review by the Attorney General shall be provided to the Director of the CVSD before or concurrently with the written request that is submitted to the Attorney General. To be eligible for review by the Attorney General, this request must be made within 30 days of receipt of written notification of the decision of the Director of the CVSD. The decision of the State Attorney General is final. Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-082-0280 Reallocation of Funds Not Applied for or Used (1) CAMI funds that were not allocated due to an Applicant’s failure to request its CAMI funds, or an Applicant’s failure to submit a complete application, or a satisfactory Plan or failure to enter into a Grant Agreement, may be distributed to other eligible counties as a supplemental award. These funds will be offered to eligible counties on a percentage basis according to the allocation formula set forth in OAR 137-082-0240(2). As provided therein and OAR 137-082-0280, CAMI funds may be distributed in a manner that is similar to the disbursement formula used to distribute the Criminal Fines and Assessment Public Safety Fund with regard to prosecutor based victim assistant programs. (2) If an application is submitted but approval is denied, the funds will be held in the CAMI Account for that county for 12 months from the date of denial, during which time the Applicant may reapply. If the Applicant has not obtained at least conditional eligibility within the 12 month period, the funds will be distributed to other eligible counties. If the grievance procedure is underway during the 12 month period, the Applicant's funds will be held in reserve until the final decision of the Attorney General or 12 months from the date of the notification of the denial of funding, whichever is longer. Any Applicant holding funds which are the subject of an eligibility determination grievance procedure, or notice regarding appropriate use of funds, may not encumber, alienate or expend those funds unless and until the grievance procedure is concluded in favor of the Applicant. Applicants holding funds which are ultimately determined to be ineligible for use under Applicant’s Plan must return any and all grant funds to the Department within the timeframe established by the Department. (3) It is the intention of the Department to have minimal or no unobligated CAMI funds at the end of each biennium. Funds held in the CAMI Account in accordance with the above rules will be considered obligated funds until all grievances and eligibility issues have been resolved. Statutory/Other Authority: OL 1993, Ch. 676 & OL 2001 & Ch. 624 Statutes/Other Implemented: ORS 418.746 - 418.794 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02
137-083-0000 Purpose These rules establish criteria for awarding grants to establish and maintain Regional Assessment Centers or Community Assessment Centers pursuant to ORS 418.786. These rules also define the services offered by Regional Assessment Centers and Community Assessment Centers, standards relating to complex cases, and grievance procedures regarding the criteria for awarding grants. Statutory/Other Authority: ORS 418.782 - 418.793 Statutes/Other Implemented: ORS 418.780 - 418.796 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03
137-083-0010 Definitions As used in OAR chapter 137, division 083: (1) "Multidisciplinary Child Abuse Team (MDT)" means the interdisciplinary investigation team established in each county by ORS 418.747. (2) "Complex Case" means a case in which the local Child Abuse Intervention Center (CAIC) or the local Multidisciplinary Child Abuse Team (MDT) determines the need for assistance from a Regional Service Center or Community Assessment Center, in order to perform or complete a child abuse medical assessment or to evaluate, diagnose or treat a victim of child abuse. (3) "Consultation" means discussions between or among persons associated with a Regional Service Center or Community Assessment Center and persons associated with county Multidisciplinary Teams to be served by the Center regarding individual cases involving child abuse or possible child abuse, child abuse medical assessments, and related topics. (4) "Education" means the provision of specialized information to individuals regarding the detection, evaluation, diagnosis and treatment of child abuse or possible child abuse. (5) "Referral Services" means the recommendation of specialized services related to child abuse medical assessments or to the detection, evaluation, diagnosis or treatment of child abuse. It may include consultation or directing or redirecting a child abuse victim or possible victim to an appropriate specialist for more definitive evaluation, diagnosis or treatment. (6) "Technical Assistance" means assistance of a practical, specialized or scientific nature, including but not limited to practical advice, specialized advice, advanced laboratory testing or forensic testing. (7) "Training" means the provision of teaching or instruction to professionals regarding the detection, evaluation, diagnosis or treatment of child abuse or possible child abuse. (8) "Community Assessment Service" means a neutral, child sensitive community-based center or service provider to which a child from the community may be referred to receive a thorough child abuse medical assessment for the purpose of determining whether the child has been abused or neglected. These services may be provided by assessment, advocacy, or intervention centers. (9) "Regional Assessment Center" means a community based Child Abuse Intervention Center (CAIC) that is also providing training, education, consultation, referral, technical assistance, and may with the approval of the Department of Justice be providing specialized assessment services for children in multiple counties. For the purposes of these rules the Regional Assessment Center will be referred to as the Regional Service Providers (RSP) and may be referred to as RSP or Regional Service Provider throughout the rest of this document. Statutory/Other Authority: ORS 418.782 - 418.793 Statutes/Other Implemented: ORS 418.780 - 418.796 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03
137-083-0030 Criteria for Awarding Grants (1) Criteria for awards include application quality, the documentation of services needed by those to be served, quality of past service provision, cost efficiencies, and geographic area to be served. In addition, the following criteria shall be considered: (a) Length of time and experience hired staff have in providing comprehensive child abuse medical assessments. Also considered will be the number of full time employees available for the level of anticipated service; (b) Length of time the applicant has been financially and organizationally stable; (c) The leadership demonstrated by the applicant in promoting skilled, complete therapeutic medical assessments for any child alleged to be a victim of child abuse; (d) The geographic area to be served and the accessibility of the center for those to be served; (e) The availability of state of the art equipment for conducting comprehensive child abuse medical assessments; (f) The extent to which the applicant meets the application requirements set forth in OAR 137-083-0020; (g) Allowable expenses eligible for reimbursement through this grant; (h) Responsiveness of the service delivery plan to a documented need for services; and (i) Past success in meeting stated objectives and measurable outcomes. (2) A successful applicant will be required to execute a grant agreement with the Department of Justice before any funds will be disbursed. Statutory/Other Authority: ORS 418.782 - 418.793 Statutes/Other Implemented: ORS 418.780 - 418.796 History: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03
137-083-0040 Performance of Duties (1) Regional Service Providers receiving CAMI funds directly from the Department of Justice, shall submit reports that provide both qualitative and quantitative information regarding the delivery of services provided by the RSP as required by the Department. (2) Failure to meet the conditions of the award including administration, fiscal and programmatic requirements, may result in a reduction or denial of subsequent funds. Statutory/Other Authority: ORS 418.782 - 418.793 Statutes/Other Implemented: ORS 418.780 - 418.796 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03
137-083-0050 Grievance Procedures (1) An applicant has a right to review the award decision concerning eligibility and denial for an award for CAMI funds for the RSP grant. The grievance process is referred to herein as the “review” or “grievance procedure”. (2) Each applicant will be informed of the grievance procedure at the time a decision is made regarding an award decision concerning an applicant’s application. (3) No applicant will be subject to reprisal for seeking a review of an award decision. (4) To request a review of the award decision the applicant must make a written request to the CAMI Account Coordinator within 30 days after receiving notification of the award decision. (5) When the Department is notified that an applicant has requested a review of the award decision, a meeting will be scheduled with the CAMI Account Coordinator and members of the Advisory Council that have no conflict of interest with regard to the review at issue. Every effort will be made to have this meeting occur within 30 days of receipt of the grievance. (6) If the matter is not resolved through the above described grievance procedure, the applicant may request a further review of the issue by the Attorney General or his designee. The applicant must make a written request for such a review, to the Director of the Crime Victims' Services Division within 30 days following notification of the results of meeting with the CAMI Account Coordinator and the Advisory Council. (7) The decision of the State Attorney General or his designee is final. Statutory/Other Authority: ORS 418.782 - 418.793 Statutes/Other Implemented: ORS 418.780 - 418.796 History: DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11 DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03
137-084-0001 Definitions (1) "Department" means the Oregon Department of Justice. (2) "Fund" means the Sexual Assault Victims' Emergency Medical Response Fund. (3) "Application Form" means the most current version of the Application for Payment Sexual Assault Victims' Emergency Medical Response Fund form issued by the Department of Justice. (4) "Eligible victim" means a person who has self-identified or been identified by another as a victim of a sexual assault that occurred in Oregon and who receives a medical examination by an eligible medical services provider within the time periods established in OAR 137-084-0010(4) and (5). (5) "Eligible Medical Services Provider" means a person who has the facilities and supplies necessary to provide the complete medical assessment as provided in these rules and who is currently licensed in one of the following categories: a SANE/SAE, a registered nurse acting under the direct supervision of a Doctor of Medicine or a Doctor of Osteopathy, a nurse practitioner, a Physician’s Assistant, a Doctor of Medicine, or a Doctor of Osteopathy. (6) "Oregon State Police SAFE Kit" means the sexual assault forensic evidence collection kit, including protocol guidelines, approved by and distributed by the Oregon Department of State Police. (7) "Medical Examination" means a medical examination of a victim of sexual assault conducted within the accepted patient standard of care by an eligible medical services provider. (8) "Complete Medical Assessment" means use of an Oregon State Police SAFE Kit in conjunction with a medical examination of a victim of sexual assault conducted within the accepted patient standard of care by an eligible medical services provider. (9) "Partial Medical Assessment" means a medical examination of a victim of sexual assault conducted within the accepted patient standard of care by an eligible medical services provider. (10) "Sexually Transmitted Disease Prophylaxis" means administering prophylactic drugs to prevent sexually transmitted disease, or providing a prescription for such medication to be filled on-site, in conjunction with a complete medical assessment or a partial medical assessment. (11) "Emergency Contraception" means administering prophylactic drugs to prevent pregnancy, or providing a prescription for such medication to be filled on-site, in conjunction with a complete medical assessment or a partial medical assessment. (12) "SANE/SAE" (Sexual Assault Nurse Examiner/ Sexual Assault Examiner) means a nurse who has received certification as a SANE/SAE from the International Association of Forensic Nurses or from the Oregon Attorney General's Sexual Assault Task Force. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: 2003 OL Ch. 789 (SB 752) Statutes/Other Implemented: 2003 OL Ch. 789 (SB 752) History: DOJ 7-2019, amend filed 06/27/2019, effective 07/01/2019 DOJ 12-2016, f. & cert. ef. 10-24-16 Reverted to DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 6-2016(Temp), f. & cert. ef. 4-19-16 thru 10-15-16 DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 14-2004, f. & cert. ef. 11-22-04 DOJ 3-2004, f. & cert. ef. 1-29-04