justicedao/ipfs_state_laws huggingface dataset:
419-450-0040 Homeless, Runaway, and Transitional Living Shelters: Staff Development and Training A child-caring agency must follow all of the following requirements: (1) Initial training. Before being alone with a child in care or being temporarily the only staff in charge of one or more children in care, a staff member must receive the following training or acquire the following knowledge or understanding, as verified by the executive director or the executive director's designee: (a) Successful completion of the agency's orientation. (b) Effective understanding of the supervision structure at the shelters of the agency, including the appropriate staff to contact when questions or problems arise. (c) Effective understanding and knowledge of and compliance with the behavior management policies of the agency. (d) Recognition and management of the presenting issues of the children in care served, including mental health, behavioral, and substance abuse issues. (e) Instruction in safety procedures and safe use of equipment. (f) Sanitation procedures. (g) First aid kit contents and use. (h) Report writing, including documentation of medication dispensing and critical incident reports. (i) Certification to provide cardiopulmonary resuscitation (CPR) and first aid. (j) Completion of training in crisis intervention. (2) Ongoing training. A child-caring agency must provide ongoing training for all paid and volunteer staff to increase knowledge, skills, and abilities in each of the following subject areas: (a) Confidentiality requirements. (b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene. (c) Discipline and behavior management. (3) Staff must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification. (4) Staff working with food must possess a food handler's card. 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 413-215-0726, filed 11/28/2022, effective 12/01/2022 CWP 50-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0050 Homeless, Runaway, and Transitional Living Shelters: Admissions and Assessments A child-caring agency must follow all of the following requirements, except with respect to a mass shelter: (1) The child-caring agency must provide services to children in care according to written policies that list the specific criteria under which children in care are accepted for placement. (2) Assessment. To determine the appropriateness of each child in care who has applied for services provided by the agency, the agency must make reasonable efforts to gather all of the following basic background information upon admission: (a) Family history. (b) Health history, including a history of substance abuse as well as current use of prescription and over-the-counter medication. (c) Mental health history, including diagnoses, a description of behavior problems, prior evaluations, and treatment history. (d) Who has legal custody of the child in care. (3) Each assessment must include a statement about whether or not the child in care meets the eligibility requirements necessary to be admitted into the program. (4) Prior to admitting a child in care, the agency must provide the child in care with an explanation of the available services and the requirements for participation. (5) After a child in care is admitted, the assessment must be the basis for the child in care's service plan as described in OAR 419-450-0060 Statutory/Other Authority: ORS 418.005, ORS 409.050 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 51-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0731, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0070 Homeless, Runaway, and Transitional Living Shelters: Client Files (1) General requirements. Except with respect to children in care in a mass shelter service plan operated by the child-caring agency, a child-caring agency must maintain an individual file on each child in care admitted into the program. (2) Child in care file requirements. A child-caring agency must have a file on the premises for each child in care currently receiving services from the agency. To the extent such information is reasonably available to the agency, this file must be up to date and include all of the following: (a) Sufficient information about the child in care's family or legal guardian to enable the staff of the agency to contact them at any time. (b) Custody status of the child in care. (c) An authorization for medical treatment. (d) A signed consent for the child-caring agency to treat the child in care with the interventions in use at the program. (e) A signed acknowledgment that the child in care is responsible for requesting their medication at the prescribed times. (f) The assessment described in OAR 419-450-0050 (g) The service plan required by OAR 419-450-0760. (h) Documentation about the child in care's illnesses and injuries, including the follow up that was provided by the child-caring agency. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 52-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0741, filed 11/28/2022, effective 12/01/2022 CWP 51-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0080 Homeless, Runaway, and Transitional Living Shelters: Medication Storage and Dispensing (1) A child-caring agency must have and follow written policies on the storage, dispensing, and disposal of prescription and non prescription medication. (2) Medication storage. All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to child in care. (3) Medication dispensing. (a) Children in care are expected to administer their own medication after they have requested their medication from the program staff at the prescribed times. (b) Except in a mass shelter, medication, including non-prescription drugs, may not be dispensed unless the medication has been prescribed or authorized by a qualified professional. (c) Program staff may not dispense medication to a child in care in any of the following situations: (A) In excess of the prescribed or authorized amount. (B) For disciplinary purposes. (C) For the convenience of staff. (D) As a substitute for appropriate treatment services. (4) Documentation. Staff designated to dispense medications must document each dispensing. The documentation must include all of the following: (a) The child in care's name. (b) The name of the medication. (c) The date and time the medication was dispensed. (d) The dosage given. (e) The name of the staff member who dispensed the medication. (5) Disposal of unused or abandoned medication. Designated program staff must dispose of all medication abandoned by a child in care or for which the period of potency, as indicated on the label, has passed. Two staff members must be present at and document the disposal of the unused medication, including when and how the medication was disposed. 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 413-215-0746, filed 11/28/2022, effective 12/01/2022 CWP 52-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0090 Homeless, Runaway, and Transitional Living Shelters: Health and Hygiene (1) A child-caring agency must have and follow policies that ensure the prompt and accurate assessment and care of injuries, illness, and physical complaints of children in care. (2) A child-caring agency must provide children in care with access to a bathroom and a shower. 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 413-215-0751, filed 11/28/2022, effective 12/01/2022 CWP 53-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0100 Homeless, Runaway, and Transitional Living Shelters: Grouping (1) A child-caring agency must have and follow written policies regarding the grouping of children in care. (2) Except as provided in section (3) of this rule, an agency must place children in care in groups based on the following factors: (a) Age. (b) Developmental level. (c) Physical maturity. (d) Social maturity. (e) Behavioral functioning. (f) Cognitive level. (g) Medical concerns. (h) Individual needs. (3) A child in care with a diagnosed disability may be served in the most integrated setting appropriate to the needs of the child in care within the context of the program. For purposes of this section: (a) The child in care who can meet the essential eligibility requirements for a group with or without reasonable modification of rules, policies or procedures, or the provision of auxiliary aids and services may be served. (b) "Integrated Setting" means a setting that enables children in care with disabilities to interact with non-disabled persons to the fullest extent possible. (4) Placement with adults. A child-caring agency may place children in care in the same group as emancipated children in care or adults only after taking special care to assess and minimize the risk to the children in care. 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 413-215-0756, filed 11/28/2022, effective 12/01/2022 CWP 54-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-450-0120 Homeless, Runaway, and Transitional Living Shelters: Environmental Health A child-caring agency must meet all of the following requirements: (1) The program of the 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 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0766, filed 11/28/2022, effective 12/01/2022 CWP 55-2020, 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 35-2008, f. & cert. ef. 10-17-08
419-460-0010 Outdoor Youth Programs: Applicability and General Provisions (1) Required compliance. These rules, OAR 419-460-0010 to 419-460-0260, regulate a child caring agency licensed as an outdoor youth program. An outdoor youth program must also comply with OAR 409-400-0005 to 419-400-0310. (2) Stationary Outdoor Youth Program additional license requirement. An outdoor youth program that operates as a stationary outdoor youth program must secure an Organizational Camp License as described in OAR 333-030-0005 to 333-030-0130 from the Oregon Health Authority, Public Health Division. (3) Bond required. Each outdoor youth program applying for licensure must file with the Department a Fiduciary Bond in the amount of $50,000 or 50 percent of the program's yearly budget, whichever amount is less. The Bond must be issued by a surety or insurer that is licensed to do business in the State of Oregon. The Bond must be written and issued on the Surety Bond Form (DHS CF 1066), provided to the outdoor youth program by the Department. The required Bond must be continuous until canceled and must remain in full force at all times to comply with this section. Any claims or potential impairment to the Bond must be reported to the Department within 30 days of the incident or occurrence involving the claim or potential impairment. In the event of impairment to the Bond, the outdoor youth program will be required to obtain additional bonding to satisfy the requirements of this section. The surety or insurer must give the Department at least 30 days written notice before canceling or terminating its liability under the Bond. An action on the Bond may be brought by any person aggrieved by the misconduct of an outdoor youth program required to be licensed under ORS 418.205 to 418.310. As evidence of the Bond, the outdoor youth program must keep a certified copy of the Bond on file with the Department at all times. (4) Workers' Compensation. An outdoor youth program must comply with all provisions of ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. The outdoor youth program must ensure that each of its subcontractors complies with these requirements. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: OTIS 54-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0901, filed 11/28/2022, effective 12/01/2022 CWP 65-2020, 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 Renumbered from 413-210-0800, CWP 28-2008, f. & cert. ef. 10-17-08 CWP 1-2004, f. & cert. ef. 1-9-04 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0020 Outdoor Youth Programs: Administration (1) Base of operations. An outdoor youth program providing outdoor youth program services in Oregon must have a base of operation or field office in Oregon. The base of operation or field office at a minimum must have the following information immediately available upon the request of the Department licensing coordinator: (a) Current list of the names of staff and children in care in each field group; (b) Master map of all outdoor youth program activity areas used by the program in Oregon, copies of which must be made available to the Department licensing coordinator, the land managing agency, and local law enforcement and emergency services upon request; (c) Copies of each group of children in care's expeditionary route with its schedule and itinerary, copies of which must be made available to the Department, the land managing agency and local law enforcement and emergency services upon request; (d) Current logs of communications with each field group of children in care away from the base of operations; and (e) Emergency response plan that is reviewed annually (as described in OAR 419-460-0070(2)). (2) Child in care file requirements. The base of operations for an outdoor youth program must have a file on each child in care in the program, which includes: (a) Legal guardian identification, contact information, and custody status of child in care; (b) Emergency contact information for the legal guardian or guardians of the child in care which provides for contact with the parent or legal guardian at any time, 24 hours a day, seven days a week; (c) Demographics including, but not limited to name, gender, date of birth, and previous address; (d) Eligibility and exclusionary criteria, including the basis for admission of the child in care into the program; (e) Medical forms; (f) Authorization for medical treatment; and (g) Legal guardian consent for the outdoor youth program to treat the child in care with the specific interventions used by the program and to confiscate contraband found in the child in care's possession. (3) Proof of compliance. An outdoor youth program which operates in Oregon must comply with the federal, state, local, and land managing agency regulations in the operations area and must maintain proof of compliance at the base of operations. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: OTIS 55-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0916, filed 11/28/2022, effective 12/01/2022 CWP 66-2020, 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 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0809, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0040 Outdoor Youth Programs: Participant Clothing, Equipment, and Supplies An outdoor youth program must comply with all of the following requirements: (1) Participant requirements. Each program participant must have appropriate clothing, equipment, and supplies for each type of outdoor youth program activity and for the weather conditions likely to be encountered. (2) Clothing, equipment, and supply requirements. Clothing, equipment, and supplies must include at a minimum the applicable items in each of the following subsections: (a) Sunscreen if appropriate for the environmental conditions generally expected for the area and season. (b) Insect repellent if appropriate for the environmental conditions generally expected for the area and season. (c) A commercial backpack or the materials to construct a safe backpack or bedroll. (d) Personal hygiene items necessary for cleansing. (e) Appropriate feminine hygiene supplies. (f) When the average nighttime temperature is expected to be 40 degrees Fahrenheit or higher: (A) Wool blankets or an appropriate sleeping bag; and (B) A tarp or poncho. (g) Shelter from precipitation, appropriate sleeping bag, and ground pad when the average nighttime temperature is expected to be 39 degrees Fahrenheit or lower. (h) Clothing appropriate for the temperature changes generally expected for the area. (i) Each child in care must be provided a clean change of undergarments and socks at least once a week or an opportunity to wash his or her clothing at least once a week; and all other clothing must be reasonably clean and in good repair. (3) Denial of clothing, equipment, and supplies. An outdoor youth program must not remove, deny, or make unavailable for any reason the appropriate clothing, equipment, or supplies required by section (2) of this rule. (4) Monitoring. Field staff are responsible for maintaining the safety and well-being of children in care and must monitor each child in care to make sure that clothing, equipment, and supplies are maintained in a manner adequate to ensure each child in care's safety. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0921, filed 11/28/2022, effective 12/01/2022 CWP 68-2020, 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 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0868, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0050 Outdoor Youth Programs: Water Requirements An outdoor youth program must comply with all of the following requirements: (1) Written policy. An outdoor youth program must have and follow written policy and procedures on water requirements. (2) Water. Children in care must have access to potable water while engaged in hiking. Staff of the outdoor youth program must ensure that children in care drink a sufficient amount of water to provide adequate hydration. Staff must encourage children in care to consume at least three quarts of potable water a day. (3) Water caches. When water caches are used, field staff must place each water cache and verify its location in advance of a group's arrival. (4) Water from a natural source. Water from a natural source used for drinking or cooking must be treated for sanitation to eliminate health hazards. Staff must document what methods were used to sanitize the water. (5) Electrolytes. Each group must have and use when appropriate a supply of electrolyte replacement, quantities to be determined by group size and environment conditions. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0926, filed 11/28/2022, effective 12/01/2022 CWP 69-2020, 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 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0864, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0060 Outdoor Youth Programs: Nutritional Requirements An outdoor youth program must comply with all of the following requirements: (1) Written policy. An outdoor youth program must have and follow written policy and procedures on nutritional requirements. (2) Menu. There must be a written menu approved by a qualified dietitian or nutritionist with knowledge of program activity levels, listing the food supplies for each group. (3) Calories. An outdoor youth program must provide each child in care a level of nutrition which will supply the child in care's individual caloric need; but no child in care may be offered less than 3,000 calories a day. When heat is not available for cooking, an outdoor youth program must provide sufficient food of sufficient caloric value which does not require cooking. (4) Hygiene procedures. The outdoor youth program must have reasonable hygiene procedures to prevent infection which are consistent with the particular program risk of infection. (a) Cleansing of hands must occur after each latrine use. (b) Means of cleansing the hands must be available to children in care prior to food preparation and prior to food consumption. (c) A weekly opportunity for total body hygiene. (5) Fasting. There must be no imposed fasting. (6) Monitoring. Field staff are responsible for maintaining the safety and well-being of each child in care and must monitor each child in care's food intake to ensure that the child in care has adequate nutrition. (7) Food must not be used for behavior modification purposes, including reward or punishment. (8) Children in care must be permitted a reasonable amount of uninterrupted time for each meal. Statutory/Other Authority: ORS 418.240, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.205 - 418.325 & ORS 418.990 - 418.998 History: CWP 26-2022, renumbered from 413-215-0931, filed 11/28/2022, effective 12/01/2022 CWP 70-2020, 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 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0866, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02