justicedao/ipfs_state_laws huggingface dataset:
419-490-0130 Therapeutic Boarding Schools: Minimum Staffing Requirements A therapeutic boarding school must meet all of the following requirements: (1) Minimum staffing patterns. The therapeutic boarding school must establish ratios of staff to children in care that will provide adequate supervision, safety and protection for children in care. The ratios must be adequate to protect child safety and wellbeing for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios outside normal sleeping hours are one direct care staff for each 10 children in care. (2) Overnight staffing requirements. (a) A therapeutic boarding school must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the therapeutic boarding school houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements. (b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 14 children in care. (3) Additional staffing requirements for emergency response. (a) When there is only one staff of the therapeutic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. The names of additional staff who are available for immediate response must be listed on the schedule for each time period when only one staff person is on duty in a facility. (b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240 History: CWP 26-2022, renumbered from 413-215-0661, filed 11/28/2022, effective 12/01/2022 CWP 43-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0140 Therapeutic Boarding Schools: Separation of Children in Care A therapeutic boarding school must meet all of the following requirements: (1) Combining children and adults. Children in care 18 years of age or older must be housed in separate bedrooms, unless: (a) A parent and child, when one or both is a child in care, share a bedroom; or (b) The therapeutic boarding school has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom. (2) Co-ed facilities. Special care must be taken by a therapeutic boarding school to provide adequate supervision when the program serves both males and females concurrently. Bedrooms for children in care for males must be separated from bedrooms for children in care for females. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0666, filed 11/28/2022, effective 12/01/2022 CWP 44-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
419-490-0150 Therapeutic Boarding Schools: Referral and Initial Evaluation of Children in Care (1) Referral. A therapeutic boarding school must have and follow a policy that addresses the process by which children in care are referred to the therapeutic boarding school. The policy must include all of the following: (a) From whom referrals are accepted. (b) On what basis children in care are accepted by the therapeutic boarding school. (c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff. (2) Initial evaluation. A therapeutic boarding school must evaluate each prospective child in care referred to the therapeutic boarding school. In conducting the evaluation, the therapeutic boarding school must: (a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health. (b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care. (c) Arrange for ongoing therapeutic services appropriate for the child in care's specific needs and provide regular reports to the parents or legal guardians regarding the child in care's progress. (3) A therapeutic boarding school must be prepared to provide to a parent or legal guardian of a referred student suggestions for obtaining resources in the event the child in care is not accepted by the therapeutic boarding school. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0671, filed 11/28/2022, effective 12/01/2022 CWP 45-2020, minor correction filed 01/14/2020, effective 01/14/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 34-2008, f. & cert. ef. 10-17-08
423-100-0001 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the State Board of Education adopts the Attorney General's Model Rules of Procedure under the Administrative Porcedure Act in effect on May 1, 2018. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-110-0001 to 423-110-0050, the Youth Development Council shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the proposed rulemaking; (b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to: (A) All boards of county commissioners; (B) All tribal councils; and (C) All persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335; (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and (d) By mailing or e-mailing a copy of the notice to persons identified by the council. (2) The council may annually update the council's list of persons to whom the council must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the council sends the request, the council will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0010 Definitions For purposes of OAR 423-010-0001 to 423-010-0050 (1) "At risk" refers to youth, individually or in aggregate, that has one or more predictive factors, and for which existent evidence indicates a likelihood of experiencing negative life outcomes. (2) "Community investment" means an investment made in accordance with a funding model that: (a) Supports community-based interventions focused on serving youth who are the most in need; and (b) Is designed to achieve goals associated with education and career advancement, crime prevention, and removing barriers to school and work success. (3) "Eligible applicant" means a person identified as being eligible to receive a grant under OAR 423-010-0020 (4) "Existent evidence" means the available body of peer reviewed research indicating whether a proposition is likely to be valid and reliable. (5) "Grant agreement" means an agreement between a grantee and the State of Oregon, acting by and through the Oregon Department of Education, the Youth Development Council, and the Youth Development Division, that: (a) Details the responsibilities of the parties to the agreement with respect to the council's mandate, mission, and commitment to equity; and (b) Upon execution, makes the grantee eligible for reimbursement of funds as specified in the agreement. (6) "Grantee" means a party or potential party to a grant agreement that is eligible for reimbursement of funds as specified in the agreement. (7) "Mutual benefit corporation" means a nonprofit corporation that is charted by government and that has a mandate to serve the mutual benefit of its members. (8) "Nonprofit organization" means an organization: (a) Established as a nonprofit organization under the laws of this state; and (b) That qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code, as described in ORS 314.011. (9) "Predictive factor" means an explanatory variable, element, condition, or feature that correlates with an increased likelihood of experiencing an outcome. (10) "Public benefit company" means a corporation or limited liability company that considers its impact on society and the environment as part of its business decision-making process, in addition to earning a profit. (11) "Reimbursement claim" means a claim submitted by a grantee to the division for payment of expenditures made pursuant to a grant awarded under OAR 423-010-0025. (12) "Tribal council" means the governing body of a tribe. (13) "Tribe" means a federally recognized Indian tribe in Oregon. (14) "Youth" means an individual who is school-aged to 24 years of age. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 1-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0015 Program Purposes; Community Investments (1) The purposes OAR 423-110-0001 to 423-110-0050 are to make community investments that are used to: (a) Establish or support programs for, and provide services to, youth who are at risk; and (b) Support community efforts in a manner that embraces community decision making and collective partnerships when solving social issues. (2) To fulfill the purposes described in subsection (1) of this rule, the Youth Development Division shall: (a) Make community investments by issuing grants as described in OAR 423-110-0025; (b) Make community investments by distributing funds that become available to the division for purposes other than issuing grants as described in OAR 423-110-0025, in a form and manner prescribed by the commission or, if there is a need for the timely distribution of funds, as otherwise determined by the division. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0020 Eligibility (1) The following are eligible to receive a grant under OAR 423-110-0025 or a distribution under OAR 423-110-0015 (2)(b): (a) The nine federally recognized tribes in this state; (b) Nonprofit organizations providing services in this state to youth who are at risk (c) Faith based organizations providing services in this state to youth who are at risk; (d) Public benefit companies conducting business in this state and providing services in this state to youth who are at risk; (e) Mutual benefit corporations conducting business in this state and providing services in this state to youth who are at risk; (f) Counties, cities, and county and city governmental entities in this state; and (g) Any other local government in this state, organization providing services in this state to youth who are at risk, or company or corporation conducting business in this state that provides services in this state to youth who are at risk, as identified by the Youth Development Council. (2) The following are not eligible to receive a grant under OAR 413-100-EEEE or a distribution under OAR 423- 110-0015 (2)(b): (a) An entity or person that does not provide services in this state to youth who are at risk; (b) An entity or person that the Youth Development Division determines has engaged in, or is engaging in, an activity described in OAR 423-110-0040. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0025 Competitive Grants (1) The Youth Development Division shall establish a process by which the division may issue grants for the purpose of making community investments. The process must be approved by the Youth Development Council. (2) The council must reapprove the process not less than once each biennium, or as otherwise determined by the council to be necessary. (3) The division shall notify eligible applicants of: (a) The process; (b) Submission deadlines and other important dates; and (c) All applicable grant parameters. (4) The division shall make available to eligible applicants: (a) Application forms; (b) All other materials necessary to apply for a grant; and (c) Any guidelines for applying for a grant that the division determines is necessary to properly inform eligible applicants how to properly apply for a grant. (5) Each application submitted under this rule must include: (a) A proposal for expending grant moneys, including a description of all activities to be funded with grant moneys and the expected outcomes associated with the performance of those activities; and (b) Other information as required by the division. (6) After submitting an application, each eligible applicant shall submit, in a form and manner prescribed by the division, a project budget that provides an accounting of grant moneys and how those grant moneys will be spent. The accounting may not provide an accounting of funds that are not grant moneys awarded pursuant to this rule. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0030 Notice and Appeal (1) Prior to awarding a grant under OAR 423-110-0025, the Youth Development Division shall send written notification of the initial determination of the distribution to any applicant that applied for the grant. (2) If the applicant will receive a grant under OAR 423-110-0025 the written notification must take the form of a letter of intent to award. A letter of intent to award does not guarantee that the applicant will receive the grant. Receipt of a grant is contingent on satisfying any requirement imposed by or necessary to enter into a grant agreement. (3) The division shall establish an appeals process by which an eligible applicant may appeal a decision to award a grant under OAR 423-110-0025. The process must be approved by the council. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0035 Grant Agreements Prior to distributing funds under OAR 423-110-0001 to 423-110-0050, the Youth Development Division shall enter into a grant agreement with the person or entity who is to receive the funds. At a minimum, the grant agreement shall establish the following: (1) That funds will be rewarded in the form of reimbursements; (2) Any condition for receiving funds that is necessary to ensure that the funds will be used for the purposes described in OAR 423-110-0015 (3) Requirements related to the keeping of records; (4) Requirements related to reporting on the use of the funds; (5) Requirements related to reporting on activities, actions, programming, and outcomes of the grantee or any party that the grantee is acting on behalf of; and (6) Any other matter that the Youth Development Council requires to be included in a grant agreement Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0040 Site Visits If practicable, the division shall make a reasonable effort to visit a site where activities funded by community investments are conducted at least once a biennium Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0045 Prohibitions An entity or person to which the Youth Development Division distributes funds under OAR 423-110-0001 to 423-110-0050 may not expend the funds on any of the following: (1) Any activity or use prohibited by state law or rule or local ordinance; (2) If the funds are federal funds, any activity or use prohibited by federal law or regulation; (3) Campaigning for office or campaigning on behalf of a person who is running for office or who is currently in office; (4) Religious instruction or recruitment; (5) Any activity or use that falls outside of the scope of work described within any grant agreement pursuant to which the funds were distributed. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-110-0050 Prioritizing Grants and Distributions In awarding grants under OAR 423-110-0025 or making distributions under OAR 423-110-0015 (2)(b), the Youth Development Division may prioritize eligible applicants in consideration of the following: (1) Whether eligible applicants have documented evidence of serving underserved, underrepresented, and marginalized youth; (2) For the purpose of ensuring the geographic diversity of grantees and other recipients of funds, the geographic location of eligible applicants; (3) Whether funds are used in a culturally competent and gender-specific manner that reflects the population, needs, and resources of the identified community; (4) If the eligible applicant previously received a grant under OAR 423-110-0025 or a distribution under OAR 423-110-0015 (2)(b), or is the affiliate of any entity or person that previously received a grant under OAR 423- 110-0025 or a distribution under OAR 423-110-0015 (2)(b), the findings of any site visit conducted pursuant to OAR 423-110-0040; and (5) Any other criteria that the division determines furthers its mandate, mission, and commitment to equity. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 2-2018, adopt filed 11/05/2018, effective 11/05/2018
423-120-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-120-0001 to 423-120-0040 the Youth Development Council shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the proposed rulemaking; (b) By mailing or e-mailing, at least 28 days before the effective date of the proposed rulemaking, a copy of the notice to: (A) All boards of county commissioners and agencies or organizations designated by boards of county commissioners to facilitate the provision of juvenile crime prevention services as described in OAR 423-120- 0015; (B) All tribal councils and agencies or organizations designated by tribal councils to facilitate the provision of juvenile crime prevention services as described in OAR 423-120-0015; (C) All persons who request in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335; (D) The Oregon Youth Authority, Department of Human Services, Criminal Justice Commission, Department of Corrections, and Oregon State Police; (E) The Legislative Commission on Indian Services; and (F) All members of the Oregon Juvenile Department Directors Association; (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335 at least 49 days before the effective date of the proposed rulemaking; and (d) By mailing or e-mailing a copy of the notice to persons identified by the council. (2) The council may annually update the council's list of persons to whom the council must mail or e-mail notice pursuant to ORS 183.335 by requesting persons to confirm that they want to remain on the list. If a person does not respond to a request for confirmation within 28 days of the date the council sends the request, the council will remove the person from the list. Any person removed from the list will be returned to the list upon request, provided that the person requests in writing to receive the notice at a specified postal or e-mail address in accordance with ORS 183.335. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018
423-120-0010 Definitions (1)(a) “Board of county commissioners” means the governing body, as defined in ORS 203.030, of a county. (b) “Board of county commissioners” includes a county court as described in ORS 203.111. (2) “Budget” means a budget developed as part of a juvenile crime prevention plan pursuant to OAR 423-120-0020. (3) “Intergovernmental agreement” means an intergovernmental agreement entered into between the Youth Development Division and a county or tribe pursuant to OAR 423-120-0020. (4) “Juvenile crime prevention funds” means state moneys distributed by the division to a county or tribe for the purpose of funding entities and programs that provide juvenile crime prevention services pursuant to OAR 423-120-0015. (5) “Juvenile crime prevention plan” means a juvenile crime prevention plan developed under OAR 423-120-0015 for approval by the Youth Development Council. (6) “Juvenile crime prevention service” means a service provided to youth who: (a) Are at high risk of committing a juvenile crime; (b) Exhibit or are subject to more than one of the following: (A) Anti-social behavior; (B) Poor family functioning or poor family support; (C) Failure in school; (D) Substance abuse; or (E) Negative peer association; and (c) Demonstrate at-risk behaviors that will result in the youth's imminent or increased involvement in the juvenile justice system. (7) “Tribe” means a federally recognized Indian tribe in Oregon. (8) “Tribal council” means the governing body of a tribe. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.847 History: YDD 4-2018, adopt filed 11/07/2018, effective 11/07/2018