419-490-0160 Therapeutic Boarding Schools: Consents, Disclosures, and Authorizations (1) Consents. For each child in care in placement with a therapeutic boarding school, the therapeutic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the therapeutic boarding school, if applicable, to undertake each of the following: (a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the therapeutic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The therapeutic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian. (b) To use the discipline and behavior management system of the therapeutic boarding school. (c) To use restraint or involuntary seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the therapeutic boarding school and how the employees of the therapeutic boarding school are trained and supervised in the use of restraint or involuntary seclusion. (d) To restrict the student's contact with persons outside the therapeutic boarding school, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 413-215-0091 and 413-215-0101. (e) To allow access to a child in care as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0101. (f) To impose a dress code. (g) To restrict the child in care's participation in recreational or leisure activities in an appropriate manner, consistent with behavior or safety issues. (2) Disclosures to parent or legal guardian. At the time a therapeutic boarding school takes a child in care into placement, the therapeutic boarding school must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following: (a) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the therapeutic boarding school for any program-initiated room or body search. (b) A statement concerning the rights of children in care and parents or legal guardians served by the therapeutic boarding school as provided in OAR 413-215-0046. The statement must be written in a manner that is easy to understand, and the therapeutic boarding school must ensure that the child in care and the parent or legal guardian understand the statement. (c) The grievance policies and procedures of the therapeutic boarding school. (d) The therapeutic boarding school will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request. (e) A statement of program services that will be available to the child in care, including frequency of services and the professional credentials of the service providers. (f) A statement that the child-caring agency may not make limitation on contact between a child and his or her parent or legal guardian a condition of program participation. (3) Authorizations. (a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need to know basis. (b) All visitors for the child in care must be approved or authorized by a parent or legal guardian, except that access to the child in care must be provided as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0101. (c) Visitation resources must be pre-approved by the child in care's parent or legal guardian and the identity of these resources verified by the agency. (d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children in care to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding. (e) All other required authorizations must be pre-approved by the child in care's parent or legal guardian. 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 413-215-0676, filed 11/28/2022, effective 12/01/2022 CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022 CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022 CWP 46-2020, 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