justicedao/ipfs_state_laws huggingface dataset:
416-340-0020 General Standards (1) The use of medication will be solely for the health and welfare of the individual youth in custody. (a) Whether medication is to be used or not used and under what conditions is the sole responsibility of the attending licensed prescriber. (b) Prescription orders will be authorized by persons who are licensed by the State of Oregon to prescribe medication. (c) Prescription medications will be administered according to the prescriber's order and given only to the youth in custody to whom the medication is prescribed. (2) Consent: (a) Pursuant to ORS 109.675 youth in custody 14 years of age or older may obtain, without parental knowledge or consent, outpatient diagnosis or treatment of a mental or emotional disorder, or a chemical dependency excluding methadone maintenance, by a physician, licensed psychologist, nurse practitioner or licensed clinical social worker. (b) Pursuant to ORS 109.640, youth in custody 15 years of age or older may obtain, without parental consent, medical treatment, including immunizations. (c) Pursuant to ORS 433.267, youth in custody 15 years of age or older may sign, on their own behalf, exemption from immunizations forms available through the Department of Public Health, if the signature would otherwise be required of the youth in custody’s parent or legal guardian. (d) If a youth in custody is otherwise incapable of giving consent, no psychotropic stimulant or tranquilizing drugs will be administered to the youth in custody without their informed consent, unless withholding of the drug would seriously endanger the youth in custody's health. (3) Pharmacy packaging and dispensing of medications administered in close-custody facilities will follow Oregon administrative rule governing pharmacy practice for correctional facilities and the Nurse Practice Act. (a) All medications will be properly labeled, including labels on prescription medications that match the prescriber's written order. All nontopical prescribed medications administered in close-custody facilities will be unit dosed. (b) Prescriptions that are not administered will be returned to the dispensing pharmacy or properly disposed. (4) Any medical information received from a medical practitioner will be placed in the youth in custody's permanent medical record. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 4-2009, f. 10-27-09, cert. ef. 10-28-09 OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0030 Medication Administration Medications, including those issued over-the-counter, will be kept in a secured, locked container in a location designated as a limited access area. (1) Medication will be stored as prescribed (medication requiring refrigeration will be kept under refrigeration in a locked box). (2) Controlled medications will be stored under two locks. (3) Oral and injectable medications will be stored separately from topical medications. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0040 Medication Records (1) All medications administered to youth in custody in close custody will be tracked on a Medication Administration Record (MAR). (2) All medications administered to youth in custody in substitute care placement must be tracked by substitute care providers. (3) Any unusual, uncommon, or severe side effects related to medications (both prescription and over-the-counter) will be documented, and a youth in custody will receive appropriate treatment as necessary. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0050 Intra-muscular (IM) Injections (1) IM injections may be administered only by a physician, nurse practitioner, Registered Nurse (RN), or Licensed Practical Nurse (LPN). (2) Except in an emergency as determined by a qualified physician, prescribed medication will not be administered IM, unless given in a clinical facility equipped to deal with possible adverse effects. (3) No youth in custody will receive an IM injection of major tranquilizing drugs unless a physician authorizes its use prior to each injection. Exception: When a physician finds a series of IM injections are necessary for treatment, a new prescription will not be required for each injection, provided that: (a) If a series of shots are given within any 24-hour period, the youth in custody, at the end of that period, will be evaluated by the physician to determine whether a transfer to a psychiatric facility would be in the youth in custody’s best interests. (b) A new prescription will be written for any additional series of injections at the end of each 24-hour period. (4) Routine injections may be authorized by a physician and are not subject to requirements of this section. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0060 Psychotropic Medications (1) Psychotropic medications will be prescribed by a physician or nurse practitioner through a written order. (2) The use of medication to alter behavior, thought processes or mood will be based solely on a physician's determination that the medication is in the best medical interests of the youth in custody. (3) Psychotropic medications will be reviewed no less than every 90 days: (a) By the prescribing physician or nurse practitioner for desired responses and adverse consequences; and (b) To determine the continued need or lowest effective dosage in a carefully monitored program. (4) Oral administration of psychotropic drugs is the preferred method. (5) Psychotropic medication may have PRN status only when the prescriber has ordered PRN status, and a nurse has documented written parameters specific to a youth in custody's care, per Board of Nursing administrative rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-340-0070 Medication Management in Substitute Care (1) A substitute care provider will comply with all rules in this Division unless specifically noted. (2) A substitute care provider will keep a record of the youth in custody's medical history. These records will be kept current and organized in a manner that clearly shows the medical needs of the youth in custody. These records must be forwarded to the Oregon Youth Authority upon a youth in custody’s placement change, or placement termination. (3) A substitute care provider will notify the youth in custody's juvenile parole/probation officer (JPPO) within one working day of any new prescription for psychotropic medication. (4) A substitute care provider will notify the youth in custody's JPPO within one working day if a youth in custody 14 years of age or older becomes known to be diagnosed or treated for any mental or emotional disorder or chemical dependency. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054 History: OYA 19-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2009, f. 4-14-09, cert. ef. 4-17-09 OYA 6-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-345-0010 Purpose These rules establish categories for youth in custody medical care and treatment in youth correction facilities through priority levels. Each priority level also has a prescribed authorization process. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420.014 & ORS 420A.015 History: OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018
416-345-0020 Definitions (1) Clinical review committee: A committee comprised of at least a medical practitioner and other licensed OYA health care staff convened by the OYA medical director to review requests for certain youth in custody medical treatment in OYA youth correction facilities. (2) OYA: The Oregon Youth Authority. (3) OYA medical practitioner: Includes physicians, nurse practitioners, and dentists licensed within the scope of their professional practice acts to evaluate and care for patients who are 12 to 25 years of age. (4) OYA medical director: An OYA employee who is a licensed physician responsible for directing and overseeing youth in custody medical health care services in youth correction facilities. (5) Youth correction facility: A facility used for the confinement of youth in custody and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities. (6) Youth in custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 6-2020, amend filed 04/06/2020, effective 04/06/2020 OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018
416-345-0040 Exceptions (1) Notwithstanding OAR 416-345-0030, there may be circumstances in which the level of care and treatment is unclear, or it may be inappropriate to apply any level of care and treatment to an individual patient. Any individual case, or proposed care or treatment, may be submitted to the OYA medical director to review for medical appropriateness or second opinion. (2) The OYA medical director may consider the following factors to determine proposed medical care or treatment appropriateness, including but not limited to: (a) The urgency of the care and treatment and the anticipated length of the youth in custody’s remaining commitment to close custody and whether the care and treatment could or could not be reasonably delayed without causing a significant progression, complication, or deterioration of the condition; (b) The overall necessity of the care and treatment in regards to morbidity, mortality, and functional disability; (c) Pre-existing condition(s) prior to incarceration, and the reasons for not obtaining treatment prior to incarceration; (d) The probability the care and treatment will have a successful outcome, along with relevant risks; (e) Any other known costs, risks, or benefits associated with the care and treatment; (f) Alternative therapies; (g) The youth in custody’s desire for the care and treatment and the likelihood of the youth in custody’s cooperation with the care and treatment; and (h) Pain complaints, or pain behavior. (3) The OYA medical director may choose to convene a clinical review committee to help determine proposed care or treatment appropriateness. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2018, adopt filed 06/05/2018, effective 06/05/2018
416-410-0000 Purpose The Oregon Youth Authority (OYA) establishes the following criteria for admission to close-custody facilities, including the designation of Public Safety Reserve (PSR) beds and county bed allocations. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.014 & 420.011 History: OYA 10-2020, minor correction filed 05/07/2020, effective 05/07/2020 OYA 20-2005, f. & cert. ef. 9-19-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-410-0010 Definitions (1) Close custody: The OYA placement designation for youth in custody who are committed to OYA legal custody or transferred to OYA physical custody, and reside in youth correction facilities. (2) Discretionary Bed Allocation (DBA): A category of beds in youth correction facilities reserved for youth in custody not in the PSR or in the legal custody of DOC. (3) Executive Team: A group of OYA executive staff that provides oversight to agency operations. Membership includes the director, deputy director, assistant directors, and other persons as requested by the Executive Team. (4) OYA: Oregon Youth Authority. (5) Public Safety Reserve (PSR): A number of beds in youth correction facilities that are reserved for youth in custody who have been adjudicated for committing a specified crime type. (6) Youth in custody: A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.081 & 420.011 History: OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020 OYA 3-2012, f. & cert. ef. 4-3-12 OYA 20-2005, f. & cert. ef. 9-19-05 OYA 14-2002, f. & cert. ef. 10-11-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-410-0030 Diversion Contracts (1) When the legislature appropriates funds to OYA expressly for distribution to counties in support of programs to divert youth from close custody, such funds are allocated based on each county's percentage of the state’s population of persons 17 years of age and under. (a) A county or region of counties that chooses to accept funds to divert youth from close-custody facilities must agree in intergovernmental agreements with OYA not to exceed its allocated funding. (b) The intergovernmental agreement is based on the county's or region's plan developed in accordance with Oregon statutes and approved by OYA. The plan must contain: (A) The method for providing evaluation, including education, diagnostic, and placement services; (B) A process for providing a hearings officer for preliminary parole revocation hearings; (C) A plan for providing detention backup, and backup to community programs; and (D) The type of programs the county or region will use in order not to exceed its DBA. (2) OYA must have a plan to prevent the close-custody population limit from exceeding the DBA in the counties that choose not to accept diversion funds. The OYA plan must contain: (a) The method for providing evaluation, including education, diagnostic, and placement services; (b) A process for providing a hearings officer for preliminary parole revocation hearings; (c) A plan for providing detention backup, and backup to community programs; and (d) The type of programs the county or region will use in order not to exceed its close-custody allocation limit. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.017 & ORS 420.019 History: OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020 OYA 20-2005, f. & cert. ef. 9-19-05 OYA 2-1999, f. & cert. ef. 9-1-99 OYA 1-1999(Temp), f. & cert. ef. 3-15-99 thru 9-1-99 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-410-0050 Initial Placement in Close Custody (1) Youth in custody initially committed to OYA close custody must be oriented to OYA at a close-custody intake facility. During the first 30 days, each youth in custody must receive medical, dental, and psychological evaluations as needed, and educational testing and evaluation. OYA must assess youth in custody for criminogenic areas of risk, protective factors, and resource need. (2) OYA will determine a youth in custody’s initial close-custody facility or living unit placement after reviewing information gathered from the sending community, and reports and assessments generated within the intake facility. (3) Youth in custody must be informed of their right to appeal the placement decision through the youth in custody grievance process in accordance with OAR 416-020. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, ORS 420A.010 & ORS 420A.125 History: OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020 OYA 20-2005, f. & cert. ef. 9-19-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-410-0060 Standards of Care and Treatment (1) The OYA director must determine maximum population levels for each close-custody facility. The maximum population allowable must not exceed the design capacity for the facility, must take into consideration the ratio of population to staff assigned primarily or exclusively for supervision and control of youth in custody, and must meet the needs of the close-custody population. (2) Within budget limitations, OYA ascribes to the Performance-based Standards (PbS) for Youth Correction and Detention Facilities. (3) OYA must identify the collective service needs of the close-custody population at least annually. Special programs must be provided to meet the needs of youth in custody with specific issues. (4) Close-custody placement of adjudicated youth is limited to adjudicated youth who require secure custody, are found to be within the jurisdiction of the court, and are at least 12 years of age. (5) There is a limit to the number of adjudicated youth who can be placed in OYA close custody on a given day. Subject to the limitation, the following criteria are required for an adjudicated youth to be admitted into a close-custody facility: (a) Displays serious and persistent criminal behavior; (b) Displays a lack of responsiveness to the expectations of the court; and (c) Cannot be safely served by available community resources, and is in need of a close-custody placement. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478 & ORS 420A.081 History: OYA 2-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 3-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 13-2020, amend filed 07/06/2020, effective 07/06/2020 OYA 20-2005, f. & cert. ef. 9-19-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-415-0010 Purpose These rules institute guidelines for establishing, operating, and administering Work Programs for Youth in Custody residing in OYA close-custody facilities. OYA Work Programs emphasize each participant's potential to lead a positive, productive life. The goal of OYA Work Programs is for Youth in Custody participants to gain the knowledge, skills, and proficiencies for employment or further education upon release from incarceration into the community, consistent with the Youth in Custody’s treatment needs, the safety and security needs of the facility, and the safety and security needs of the Work Program and any Program Staff or Youth in Custody participants. Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.060, 420.240 & 420.245 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-415-0030 Work Program Approval (1) The facility's superintendent or camp director is the Work Program approval authority for Facility Work Programs under the superintendent's or camp director's purview. Facility Work Programs must be approved by the facility's superintendent or camp director prior to the Work Program's implementation. (2) The Assistant Director Facility Services, or the Assistant Director Facility Services' designee, is the Work Program approval authority for Work Programs administered beyond an OYA facility's secure perimeter. Work Programs administered beyond an OYA facility's secure perimeter must be approved by the Assistant Director Facility Services, or designee, prior to the Work Program's implementation. (3) Prior to approving a Work Program, the Work Program approval authority must ensure the Work Program's purpose is clearly correlated to Youth in Custody participation in at least one of the following: (a) Private, gainful employment; (b) An educational or Vocational Program, including but not limited to technical and general education, provided by OYA staff, or public or private agencies or persons; or (c) A specific program to develop work skills. (4) The sale of any services or products generated from a Work Program must comply with the Ashurst-Sumners Act, 18 USC 1761-1762 (effective July 1, 2014). (5) All Work Programs must be carried out in Oregon. No Youth in Custody may travel outside of Oregon as part of a Work Program experience. Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.240 & 420.245 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-415-0050 Youth in Custody Work Program Evaluation, Stipends and Revenue (1) OYA must evaluate a Youth in Custody's Work Program performance. (a) Program Staff will provide the Youth in Custody and the Youth in Custody's Multidisciplinary Team with feedback on the Youth in Custody's job or service performance at least monthly. (b) Work Program performance feedback will address, at a minimum, the Youth in Custody's quality and quantity of work, initiative, amenability to learn, dependability, response to supervision and instruction, safety and care of equipment, ability to work with others, and overall job or service proficiency. (2) At OYA's discretion, OYA may award Stipends or other recognition to Youth in Custody who work well or otherwise successfully participate in Work Programs. Factors considered when deciding whether to award a Stipend to a Youth in Custody participating in a Work Program include the program's educational and vocational requirements, physical demands, working conditions, the degree of responsibility held by the Youth in Custody participant, the degree of skill and supervision required for the Youth in Custody's participation in the Work Program, and the Youth in Custody’s treatment, reformation and rehabilitation progress. (3)(a) Work Program Stipends must be awarded at a rate and manner established by the OYA Assistant Director Facility Services to ensure consistency throughout all close-custody facilities, using the methodology below and according to the chart in Appendix A. (b) Factors considered when assigning a Stipend rate to a Work Program include the program's educational and vocational requirements, physical demands, working conditions, the degree of responsibility held by the Youth in Custody participant, and the degree of skill and supervision required for the Youth in Custody's participation in a Work Program. (4) OYA must deposit any Stipend awarded to a Youth in Custody into the Youth in Custody's trust account according to OAR chapter 416, division 260 (Youth in Custody Welfare and Trust Accounts). (5) OYA must report Stipend awards according to Internal Revenue Service reporting requirements. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 420A.025, 420A.010, 420.240 & 420.255 Statutes/Other Implemented: 420A.035, 420.065, 420.225, 420.230, 420.240, 420.245, 420.255, 420.260 & ORS 420A.010 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 2-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 7-2017, amend filed 12/19/2017, effective 12/19/2017 OYA 3-2014, f. & cert. ef. 11-4-14