justicedao/ipfs_state_laws huggingface dataset:
419-400-0030 Licensing Umbrella Rules: Requirements Related to Corporation Status (1) Only a corporation, or a County run program, may receive a license from the Department under these rules (OAR 419-400-0005 to 419-400-0310). A limited liability company is an unincorporated association, and not a corporation, and may not be licensed under OAR chapter 419, division 400 . (2) In-state and out-of-state corporations must meet all requirements of the Oregon Secretary of State, Corporation Division in order to receive a license from the Department. (3) A child-caring agency’s articles of incorporation, its bylaws, or another written document approved by the board of directors must clearly set forth the purposes of the organization. (4) A licensee must submit to the Department within seven business days each amendment to its articles of incorporation, bylaws, statement of its purposes, and name registration. (5) A county operated Child Caring Agency is exempt from the requirements relating to corporate status. Statutory/Other Authority: ORS 409.050, ORS 418.005, Act of July 1, 2019, Ch. 619, 2019 OR. Laws 80 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 4-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0016, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 5-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0050 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-400-0050 Licensing Umbrella Rules: Financial Management (1) Budget. A child-caring agency must operate under an annual line-item budget, showing planned expenditures and sources of income, which has been approved by the governing board as the plan for management of its funds, and provide a copy to the Department as required by OAR 419-400-0210 and upon request. ( 2) Funding. The annual budget of a licensee must document that the licensee has sufficient funds to meet the requirements of licensure, to operate the programs the licensee is licensed to operate, and to provide the services the licensee has stated the child-caring agency will provide. (3) Fiscal accountability. (a) A child-caring agency must maintain complete and accurate accounts, books, and records following generally accepted principles of accounting. A child-caring agency must provide to the Department current internal financial statements, general ledgers, bank statements, and any other financial records as required in OAR 419-400-0210 and upon request. (b) The Department may conduct an audit, including a forensic audit, of any child-caring agency to determine compliance with applicable laws and administrative rules. An audit under this subsection shall be at the expense of the Department. ( 4) A child-caring agency that is a nonprofit corporation must comply with the requirements of ORS 128.610 to 128.769 . (5) Insurance. A child-caring agency must at all times maintain each of the following: (a) General liability insurance in an amount that is reasonably related to the exposure to risk, but in no case in an amount less than $1,000,000 for each occurrence and $3,000,000 aggregate. (b) Adequate fire insurance. (c) Adequate auto insurance if the child-caring agency owns or operates a vehicle. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 22-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0026, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 29-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 09/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0060 Licensing Umbrella Rules: Respect of Children in Care A child-caring agency must respect the race, spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, and cultural identities of a child in care, and provide opportunities to enhance the positive self-concept and understanding of the child in care. The child-caring agency must ensure that written materials are made available in other languages as necessary, or as indicated by the demographic environment or the population served by the program. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0031, 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 29-2008, f. & cert. ef. 10-17-08
419-400-0070 Licensing Umbrella Rules: Conflict of Interest A child-caring agency must have a conflict of interest policy that prohibits preferential treatment of board members, employees, volunteers, and contributors. The policy must outline safeguards when the child-caring agency allows dual relationships, such as employees serving as proctor foster parents, including the requirement that all material facts of the conflicted transaction and the direct or indirect interest of the board member, employee, volunteer, or contributor are disclosed or known to the board approving the conflicted transaction. If circumstances do not permit board approval of the conflicted transaction, a non-profit child-caring agency may obtain the approval of the Attorney General or the Department prior to entering into the transaction. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0036, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 6-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0080 Licensing Umbrella Rules: Code of Ethics If a child-caring agency subscribes to a code of ethics, or if the child-caring agency expects that all or some portion of its staff subscribe to a code of ethics, the child-caring agency must identify the code and make it available for review upon request. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0041, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 7-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0100 Licensing Umbrella Rules: Resources Required (1) A child-caring agency must ensure that it has sufficient safe space, equipment, and office equipment to deliver its services within Oregon. (2) A child-caring agency must employ or contract for a sufficient number of competent and qualified employees to perform the functions regulated by these rules and to provide adequate care, safety, protection, and supervision of the children in care and families the child-caring agency serves. (3) The child-caring agency must ensure that an individual who fulfills more than one staff function or position is trained for and meets the requirements for each position. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0051, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 8-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0110 Licensing Umbrella Rules: Policies and Procedures ( 1) For each program it is licensed to operate, a licensee must have and adhere to comprehensive written policies and procedures that are well organized, accessible, and easy to use. (2) In addition to other policies and procedures required by these rules, the policies and procedures in section (1) of this rule must include: (a) A written policy on mandatory child abuse reporting, consistent with ORS 418.257, 418.258 , 419B.005, 419B.010, and 419B.015 that includes requirements that child-caring agency employees, staff, contractors, agents, and proctor foster parents do all of the following: (A) Immediately report suspected child abuse directly to the Department via the child abuse reporting hotline. (B) Receive child-caring agency-provided training on mandatory abuse reporting requirements as part of employee orientation and at least annually thereafter as described in OAR 419-400-0120 . (C) Receive child-caring agency-provided training on the definitions of child abuse in ORS 418.257 and 419B.005 that apply in child-caring agencies. (b) A written policy and procedure on documenting, reporting, and saving information about critical events and other types of incidents that includes, but is not limited to: (A) What situations, circumstances, or events warrant a written report. This must include critical events (see OAR 419-400-0230(11)(b)) but may include additional types of incidents or events that the agency tracks internally or is required to provide by other regulatory agencies. (B) What information will be included in a written report. This must include, but is not limited to, the following: (i) Description of the incident including, but not limited to, any injury, accident, or unusual incident. If the incident involves a hold or restraint, whether the child in care was injured or reported pain or injury. (ii) Whether the report meets the definition of a critical event (see OAR 419-400-0230(11)(b)). (iii) Description of the actions the child-caring agency took in response to the incident. (iv) Any children in care involved. (C) Whether and how a report will be shared. Critical events must be shared with the child-caring agency's assigned licensing coordinator (see OAR 419-400-0230(11)(b)) but other types of reports may be shared with other regulatory agencies or legal guardians. (D) How a report will be saved. This must include, but is not limited to, ensuring the report is placed in the individual child in care's record if applicable. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 21-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0056, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0130 Licensing Umbrella Rules: Privacy (1) A child-caring agency must have and adhere to a written policy that addresses protection of the privacy of children and families the child-caring agency serves or has served. (2) Except as provided in section (4) of this rule, a child-caring agency may not disclose any identifying information of a child in care , including a picture, audio, or video recording, without first obtaining the written consent from the child's parents or legal guardians. (3) A child-caring agency must ensure the privacy of all information that identifies a child in care or family the child-caring agency serves. A child-caring agency may not disclose such information without proper written consent or as otherwise allowed by law. (4) A person making a report of abuse as required in ORS 418.258 and 419B.010 may include references to otherwise confidential information for the sole purpose of making the report. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 & 418.526 History: OTIS 128-2023, amend filed 12/20/2023, effective 01/01/2024 CWP 26-2022, renumbered from 413-215-0066, filed 11/28/2022, effective 12/01/2022 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0140 Licensing Umbrella Rules: Records and Documentation With respect to the records on children in care and families a child-caring agency serves and to other records maintained by a child-caring agency, the child-caring agency must meet all of the following requirements: (1) The child-caring agency must accurately prepare and safely store its records, including any audio recordings, video recordings, and photographs and ensure the records are readily available for inspection by the Department. (2) All written or electronic entries in records required by the rules in OAR chapter 419, division 400 must be permanent, legible, dated, and signed by the person making the entry. (3) Records must be uniform in organization, readily identifiable and accessible, current and complete, and contain all of the information required of the child-caring agency by the rules in OAR chapter 419, division 400. (4) Records must be corrected, when necessary, by the use of a single line drawn through the incorrect information, the addition of the correct information, a notation of the date the correction is made, and the initials of the person making the correction. No "white out," eraser tape, or other means of eradicating information may be used to make a change to a record. (5) Fiscal records must be kept that are accurately prepared and properly reflect all direct and indirect revenues and expenditures for the operation and maintenance of the child-caring agency. (6) The child-caring agency must keep reports of all inspections of the child-caring agency and its facilities for not less than five years after an inspection. (7) The child-caring agency must maintain a permanent registry of each child in care the child-caring agency serves. The registry must include the child in care's name, gender, and birth date; the names and addresses of his or her parents or guardians; the dates of admission; and the placement upon discharge. (8) If a child-caring agency changes ownership or executive or program director, all records of the children in care and families served by the child-caring agency must remain in a facility operated by the child-caring agency. (9) Prior to the dissolution of a child-caring agency, the executive or program director must inform, in writing, a Department licensing coordinator of the location and storage of records regarding current or prior children in care. Statutory/Other Authority: ORS 418.240, ORS 418.005, ORS 409.050 & 418.526 Statutes/Other Implemented: ORS 418.205 - 418.327 & 418.526 History: OTIS 128-2023, amend filed 12/20/2023, effective 01/01/2024 OTIS 19-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0071, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 9-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0140 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-400-0145 Licensing Umbrella Rules: Installation and Use of Video Equipment Used to Monitor or Record Children in Care (1) If a child-caring agency installs video equipment to monitor or record a child in care, all employees, volunteers, parents or guardians, and children in care must be informed about the intended use and locations of the equipment. (2) If a child-caring agency installs video equipment to monitor or record a child in care, the child-caring agency must have policies and procedures regarding the use, access, and storage of the video live monitoring or recordings. The policies and procedures must meet the requirements of OAR 419-400-0180(12)(b) and include, but are not limited to, the following: (a) How privacy is ensured and meets the requirements of OAR 419-400-0130; (b) Who may view the live monitoring; (c) Who may view the recordings; (d) When the recording is to be considered part of a specific child in care’s record and how it will be maintained with the rest of the child in care’s record; (e) How long the recording will be maintained by the child-caring agency; (f) When the live monitoring or recording may be viewed and for what purpose; (g) Where the live monitoring or recording may be viewed; (h) How the live monitoring or recording may be accessed; and (i) How staff will be trained on the use of the video equipment used to monitor or record a child in care. (3) Use of video equipment used to monitor or record a child in care is prohibited in areas where an individual has a reasonable expectation of privacy such as bathrooms, bedrooms, or changing rooms. (4) Any recordings made from video equipment must be made secure to only allow access by authorized staff as identified by the child-caring agency or as required by rule in OAR Chapter 419, Division 400. (5) Use of video equipment used to monitor or record a child in care must follow all applicable federal and state laws. Statutory/Other Authority: ORS 418.240, ORS 418.005, ORS 409.050 & ORS 418.526 Statutes/Other Implemented: ORS 418.526 History: OTIS 128-2023, adopt filed 12/20/2023, effective 01/01/2024
419-400-0160 Licensing Umbrella Rules: Crisis Intervention Training Standards and Certification Requirements (1) Only child-caring agency staff and proctor foster parents who have been trained and are certified in the use of a crisis-intervention system approved by the Department consistent with OAR 419-400-0160 thru OAR 419-400-0180 may use restraint or involuntary seclusion and only when necessary as a last resort to prevent a child in care from inflicting harm to self or others. (2) Any use of restraint or involuntary seclusion must be conducted within the parameters of the approved crisis-intervention system in which the child-caring agency staff or proctor foster parent is trained and must meet the requirements and provisions described in OAR 419-400-0160 thru OAR 419-400-0180. (3) Any child-caring agency staff or proctor foster parent utilizing restraint or involuntary seclusion must be trained on the type of restraint or involuntary seclusion used, and the restraint or involuntary seclusion must be within the parameters of the approved crisis intervention system in which the staff or proctor foster parent is trained and must be consistent with OAR 419-400-0180. (4) Certification requirements. In addition to the requirements identified in 419-400-0160(2) any child-caring agency staff or proctor foster parent utilizing restraint or involuntary seclusion must: (a) Complete a minimum of 12 hours of initial training in person from an instructor certified as described in OAR 419-400-0170(4), including but not limited to a minimum of six hours of training focused on positive behavior support, nonviolent crisis intervention and other methods of nonphysical intervention to support children in care during a crisis; (b) Receive continuing education from a certified instructor as described in OAR 419-400-0170(4) on an annual basis; (c) Demonstrate a mastery of the crisis intervention system both in writing and by physical competency before receiving a certification; (d) Receive a certificate that states: (A) The dates during which the certification is current; (B) The type of restraint which the individual is certified to perform if applicable; (C) The type of training the individual is certified to conduct if applicable; (D) Any special endorsements earned by the individual; (E) The level of training; and (F) The name of the certified instructor who conducted the training and administered the assessment of proficiency. (e) A certification issued under 419-400-0160: (A) Must be personal to the individual certified by the training provider; (B) May be valid for no more than two years with recertification; and (C) Must require additional training to renew the certification. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205- 418.327 History: OTIS 17-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0074, filed 11/28/2022, effective 12/01/2022 CWP 13-2022, adopt filed 06/23/2022, effective 07/01/2022
419-400-0190 Licensing Umbrella Rules: Information Provided to Children in Care (1) Each child in care receiving services from a child-caring agency must be given the following: (a) Instruction regarding how a child in care may report suspected inappropriate use of restraint or involuntary seclusion; (b) Assurance that the child in care will not experience retaliation for reporting suspected inappropriate uses of restraint or involuntary seclusion and; (c) The telephone number for the toll-free child abuse hotline described in ORS 417.805 and the telephone numbers and electronic mail addresses for the program’s licensing agency, the child in care’s caseworker and attorney, the child in care’s court appointed special advocate and Disability Rights Oregon. (2) The information must be provided by: (a) The Oregon Department of Human Services if the department placed the child in care in the child-caring agency; (b) The Oregon Youth Authority if the child in care has been committed to the custody of the authority; or (c) The child-caring agency for all other children in care. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0078, filed 11/28/2022, effective 12/01/2022 CWP 2-2022, adopt filed 01/28/2022, effective 02/01/2022 CWP 19-2021, temporary adopt filed 08/24/2021, effective 09/01/2021 through 02/19/2022