justicedao/ipfs_state_laws huggingface dataset:
416-020-0020 Grievance Rights (1) All youth in custody have a right to review any action or decision within OYA’s jurisdiction that affects them, and initiate a grievance, without being subjected to reprisal. (2) A youth in custody may not grieve the following: (a) Issues for which the youth in custody is entitled to a contested case hearing, in accordance with ORS Chapter 183; (b) Actions or decisions not within the jurisdiction of OYA (e.g., actions by the court or another agency); (c) Incidents or problems to which the youth in custody was not a party; (d) Issues for which the youth in custody has initiated court action or filed notice of intent to file tort claim; or (e) The subject matter of the grievance will be or has already been decided by a judge. (3) The grievance process must be administered in a manner that protects the confidentiality of records and information, in accordance with federal and state law or policies. (4) OYA must inform youth in custody at intake about the grievance process. (5) Staff and youth in custody are encouraged to handle questions and complaints informally at the lowest level possible. (6) The grievance process must be conducted as informally as possible, consistent with the need for orderly and complete resolution of issues. (a) Staff who are the subject of a grievance must not be responsible for making decisions regarding the grievance, but may provide information regarding the grievance issues and participate in mediation and conflict resolution. (b) If a grievance is about an emergency, a youth in custody may write immediately and directly to the appropriate superintendent, camp director, field supervisor, or the Director’s Office. (c) The youth in custody, or representative, may present information during any meetings held to discuss the grievance, and may refer to witnesses for this purpose. If the youth in custody, or representative, chooses to use an attorney during the grievance process, they are responsible for any expenses or attorney fees that may be incurred. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108 History: OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020 OYA 3-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-020-0045 Grievance Limits (1) Except as provided in section (2) below, a youth in custody may not submit more than two new grievances in any one week or six in any calendar month. A week is defined as Sunday through Saturday. (a) New grievances submitted in excess of two grievances in any one week or six in any calendar month will be denied and returned to the youth in custody. (b) Grieving multiple staff involved in one incident counts as filing one grievance. (2) A youth in custody may submit more than two grievances in any one week or six in any calendar month only in an exceptional situation. The youth in custody must clearly identify in the grievance the exceptional situation that justifies submission of the additional grievance. If the grievance coordinator determines that the grievance does not clearly identify as an exceptional situation, the grievance coordinator must deny the grievance. (3) The requirements of OAR 416-020-0045 do not apply to alleged conditions or situations that qualify as an emergency, as defined in OAR 416-020-0010(1). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2020, adopt filed 01/29/2020, effective 01/30/2020
416-020-0050 Appeal to the Director (1) If the youth in custody is dissatisfied with the decision of the subsequent grievance review, the youth in custody, or representative, may request an appeal to the OYA director, or designee. (a) A request for appeal must be submitted within 10 calendar days from the date the youth in custody received the written decision. (b) If a request for an appeal is not received by the Director’s Office within a 15-day period, the youth in custody’s right to an appeal will be considered waived, unless the youth in custody can show that the failure to timely request a review was beyond their reasonable control. (2) The director, or designee, will review all documents submitted by the youth in custody, or representative, relevant to the grievance and may take other action to investigate the matter as the director deems appropriate. (3) Within 30 calendar days of receiving the request, the director, or designee, must provide a written appeal decision. Copies of the decision must be sent to the youth in custody, or representative, through the U.S. Postal Service or another certified mail carrier. (4) The director’s decision is final. (5) Nothing in these rules affects any rights a youth in custody has under federal or state law to seek independent redress of grievances in the courts. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108 History: OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020 OYA 3-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-040-0005 Purpose These rules institute guidelines for acceptable use of electronic networks by youth in custody within OYA close-custody facilities. A youth in custody is a person in the legal and physical custody of the OYA, or a person in the legal custody of the Department of Corrections and the physical custody of the OYA in OYA facilities. Electronic networks are specific computers, hardware, software, storage media, and networks accessible to authorized youth in custody within OYA close-custody facilities. Electronic networks provide youth in custody access to education and employment information to assist in their successful reintegration from confinement into the community. Access to electronic networks may be granted as described in these rules contingent upon the safety, security, and order of the facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10
416-040-0010 Network Access (1) Youth in custody electronic network access must be limited to educational or employment-seeking purposes, including classroom activities, job development, and community transitional activities. (2) The facility superintendent, camp director, or designee must determine, in his or her discretion, whether a proposed access is for appropriate educational or employment-seeking purposes. (3) OYA staff or school personnel must supervise a youth in custody’s activity on the electronic network to ensure it is limited to the criteria listed in section (1). (4) OYA staff must place reasonable restrictions on material that youth in custody access or post in the network to ensure the material is for appropriate educational or employment-seeking purposes. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10
416-040-0015 Written Authorization (1) A youth in custody must receive written authorization from an OYA manager prior to accessing an electronic network. (2) OYA staff must notify youth in custody, in writing, of general acceptable use of electronic networks and any potential consequences of unacceptable use of electronic networks. (3) Any behavior violation associated with a youth in custody’s electronic network use must be managed according to OAR chapter 416, division 470 (Prohibited Youth in Custody Behaviors and Processing Behavior Violations). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.108 History: OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10
416-040-0020 Internet Use (1) Electronic mail (a) The facility superintendent, camp director, or designee may provide access to an electronic mail account to a youth in custody for specific educational or employment-seeking projects or activities as determined appropriate by the superintendent, camp director, or designee. (b) A youth in custody may not directly access the youth in custody’s electronic mail account. Only an OYA staff member or school personnel may log onto the youth in custody’s account for the youth in custody. The staff member or school personnel must maintain a copy of all electronic messages sent or received by the youth in custody. (2) Youth in custody may access the World Wide Web only through sites prescreened by OYA staff. (3) Youth in custody access to real-time, interactive communication must: (a) Be approved in advance by the facility superintendent or camp director; (b) Occur only under the direct supervision of an OYA staff or school personnel; and (c) Be for educational or employment-seeking purposes only. (4) A youth in custody must promptly disclose to OYA staff or school personnel any communication received or Web site visited that the youth in custody believes may be inappropriate or an unacceptable use of the Internet. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 7-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2010, f. 10-14-10, cert. ef. 10-25-10
416-050-0000 Purpose (1) These rules describe the process by which the Oregon Youth Authority (OYA) may pay the cost of funeral, burial, or cremation expenses for a youth in custody who dies while in OYA legal custody. (2) These rules apply only to youth in custody who are committed to OYA legal custody and placed in OYA facilities or under OYA supervision on parole or probation status in the community. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: 420A.010, 419C.550, 419C.481 & 419C.555 - 419C.561 History: OYA 6-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-050-0010 Allowable Expenses (1) All other resources for payment of these expenses, including parents or guardians, must be explored before approval is given for the OYA to make payments. (2) The maximum amount the OYA will pay for these expenses will be determined by the OYA director. (3) Vendors must submit itemized billings on their letterhead. (4) The following list specifies allowable expenses. (a) Necessary funeral service costs that may include, but are not limited to: (A) Transportation for first call, and funeral coach; (B) Preparation of remains; and (C) Use of funeral home facilities. (b) Burial or cremation: (A) Necessary costs for cemetery burial that may include, but are not limited to: (i) Endowment care, if provided by cemetery; (ii) Grave space; and (iii) Outer case, opening and closing of grave. (B) Indoor or outdoor mausoleum burial including opening, closing and lettering when crypt is already owned. (C) Necessary costs for cremation services that may include, but are not limited to: (i) Cremation; (ii) Unpolished urn; (iii) Niche; (iv) Grave space for cremated remains; (v) Interment of cremated remains; (vi) Endowment care when provided; (vii) Finished urn when an open-front niche is already owned; and (viii) Transportation of cremated remains, when authorized on a case-by-case basis. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: 420A.010, 419C.550, 419C.481 & 419C.555 - 561 History: OYA 6-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 4-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-060-0005 Purpose and Policy (1) Purpose These rules govern general media relations for the Oregon Youth Authority (OYA) including responding to information requests and granting access by Media Representatives to OYA Facilities, Substitute Care Placements staff, and Youth in Custody. (2) Policy (a) OYA acknowledges the public’s interest in and concern with OYA’s mission to protect the public, reduce crime, hold Youth in Custody accountable and provide opportunities for reformation in safe environments. (b) In recognition of the news media’s role in reporting matters of public interest, OYA will work with Media Representatives to provide requested information within OYA’s resource limitations and requirements for safety, security and confidentiality; and it is the policy of OYA to permit and assist with access by Media Representatives to OYA Facilities, programs, Youth in Custody and staff for the purposes of supporting OYA’s mission and goals within the limitations required to ensure Facility security, safety and Youth in Custody’s reformation. (c) Interviews with Youth in Custody may be permitted with their consent and the approval of the appropriate Superintendent/Camp Director or Field Supervisor or designee. When authorized, an interview with a Youth in Custody is permitted neither as a matter of right nor as a privilege of the Youth in Custody or the Accredited News Media Organization. Instead, an interview may be approved if the appropriate Superintendent, Camp Director, Field Supervisor, or designee and the OYA Communications Office determine it is consistent with OYA’s mission and goals and the safe, secure and orderly management and operation of the Facility or program, and is not inconsistent with the Youth in Custody’s treatment, education, reformation and rehabilitation. (d) There are inherent risks associated with entering an OYA Facility. Consequently, Media Representatives enter OYA Facilities at their own risk, and are required to comply with all security and control measures of the Facility and with the directions of OYA staff. (e) OYA may initiate contact and provide access to Media Representatives to report on activities that further OYA’s mission and goals. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-060-0015 Media Identification of Youth in Custody Identifying information about Youth in Custody may be used in accordance with these rules and after all appropriate parties have given written permission. (1) Photographs (a) Identifiable photographs of Youth in Custody younger than 18 may be used only with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee. (b) Identifiable photographs of youth 18 and older may be used with written permission of the Youth in Custody and the Superintendent/Camp Director, Field Supervisor, or designee. (2) Other Identifiers (a) Identifiers of Youth in Custody younger than 18 may be used with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee. (See OAR 416-060-0010(5)). (b) Identifiers of Youth in Custody ages 18 and older may be used with written permission of the Youth in Custody and Superintendent/Camp Director, Field Supervisor, or designee. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-060-0020 Media Access to Facilities (1) Media requests for access Media Representatives who desire to visit a Facility must contact the OYA Communications Office. Requests to visit a Facility must be made at least 24 hours in advance of the desired appointment time. (2) Media access to Facilities Consistent with OYA’s policy, Media Representatives are encouraged to visit and tour Facilities and learn about programs for the purpose of professional enhancement, observation and reporting. (a) OYA may accommodate requests by Media Representatives for access to OYA Facilities if the access is consistent with OYA’s policies and procedures, the reformation and rehabilitation of Youth in Custody, and the efficient and orderly operation of treatment programs and the Facility as a whole, and with the Superintendent/Camp Director’s approval. Whether to approve a request to access OYA Facilities is in the sole discretion of the Superintendent/Camp Director. (b) The Superintendent/Camp Director must deny a request by a Media Representative for Facility access when the access, in the Superintendent/Camp Director’s judgment, may jeopardize the safety and security of the Facility, staff, visitors, or Youth in Custody. (3) Media access preparation After Media Representatives’ access to a Facility has been approved, the OYA Communications Office or Facility Communications Liaison will notify the Media Representative of the appropriate date, time and equipment allowed in the Facility and any other pertinent information. (4) Media access in the event of an emergency OYA may restrict Media Representatives’ access to Facilities for safety and security purposes during emergencies or when access would disrupt or interfere with operational activities in the sole discretion of the Superintendent/Camp Director. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-060-0025 Media Facility Visitation Requirements (1) Media Representatives must identify themselves with a valid form of government-issued photo identification before they will be permitted to enter a Facility. (2) Media Representatives are subject to the same Facility entrance screening and contraband policies and procedures as are other visitors and in compliance with OAR chapter 416, division 420 (Visitors to OYA Facilities). (3) Notwithstanding subsection (2) above, Media Representatives granted entrance to a Facility generally will be permitted use of “tools of the trade,” subject to the written consent of the Superintendent/Camp Director and OYA Communications Office. However, OYA may limit the number and type of tools of the trade that Media Representatives may bring into a Facility to make still or video pictures and audio recordings. (4) All approved equipment must be inventoried and searched by OYA staff prior to the Media Representative(s) entering the Facility. (5) Items not allowed into a Facility must be stored in the Media Representatives’ work or personal vehicle(s). OYA will not hold items for Facility visitors. (6) A member of the OYA Communications Office, the Facility Communications Liaison or other designated staff member must escort Media Representatives through the Facility and be present at all times during the visit or tour. (7) If at any time before or during the news media visit or tour OYA determines that a potential threat to safety or security exists, the visit or tour must be terminated. The Media Representative(s) must comply with the direction of their OYA escort. (8) Photographs or other recordings made in a Facility or other OYA property require prior written authorization from the Superintendent/Camp Director. Taking photographs or video footage of control centers or electronic security equipment is strictly prohibited. (9) Impromptu, unscheduled interviews, video and audio recordings, or photographs of staff, Youth in Custody and others may be permitted if the individuals give their written consent, parents or guardians of Youth in Custody younger than 18 give their written permission, and the Superintendent/Camp Director, or designee determines that the interview or photo opportunity would not: (a) Be overly disruptive of Facility or program operations; (b) Compromise Youth in Custody treatment plans or reformation; or (c) Present safety or security concerns. (10) Any attempt by a Media Representative to disregard the conditions for access or directions of staff may result in immediate termination of access to the Facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10
416-060-0030 Media Access to Youth in Custody in Facilities (1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary. (2) Interviews with Youth in Custody may be approved with written consent of the OYA Communications Office and the Superintendent/Camp Director or designee, and with the Youth in Custody’s written consent, if in the judgment of the Superintendent/Camp Director or designee the interview is consistent with the following: (a) OYA’s mission and goals; (b) The Youth in Custody’s treatment planning and reformation; and (c) The Facility’s safe, secure and orderly operations. (3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s). (4) Conducting the interview: (a) The interview must be supervised by staff and take place in a designated area approved by the Superintendent/Camp Director or designee. (b) The OYA Communications Office or a designee and the Facility Superintendent/Camp Director or a designee must be present with the Youth in Custody during the interview and may limit the scope of questions. (c) OYA may set reasonable limits for the length of the interview. (d) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Superintendent/Camp Director. (e) Other Facility or program access separate from the interview may be granted with the approval of the OYA Communications Office and the Superintendent/Camp Director or designee. (5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity. (6) Youth in Custody may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience. (7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody. Exceptions may be made by the OYA Communications Office and the Superintendent/Camp Director in extraordinary circumstances in their sole discretion. (8) Media Representatives may not attend depositions of Youth in Custody in an OYA Facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10