justicedao/ipfs_state_laws huggingface dataset:
413-090-0136 Developing the Personal Care Services Plan (1) After conducting the personal care services assessment when it has been determined that a child or young adult is eligible for personal care services, the contract registered nurse or Personal Care Nurse Coordinator must develop a personal care services plan using the Department's Personal Care Services Plan form. (2) The personal care services plan must: (a) Specify the frequency or intensity of each personal care service; (b) Identify the qualified provider to provide the personal care service; (c) If the plan includes a delegated nursing task, the personal care services plan must include: (A) The written authorization of the registered nurse permitting the qualified provider to perform the delegated nursing task; (B) The written instructions on how to perform the delegated nursing task; (C) How frequently the child or young adult is to be reassessed with respect to the delegated nursing task; (D) How the qualified provider is to be supervised; and (E) How frequently the qualified provider is to be reevaluated. (d) Identify the date that the personal care services are to begin and the date that the personal care services plan ends; and (e) Be signed by the contract registered nurse or Personal Care Nurse Coordinator and each qualified provider providing services under the personal care services plan. (3) If the contract registered nurse or Personal Care Nurse Coordinator determines that the child or young adult requires a delegated nursing task, the contract registered nurse or Personal Care Nurse Coordinator must follow the requirements in Oregon State Board of Nursing rules, OAR 851-047-0000 to 851-047-0040. (a) An authorization permitting a qualified provider to perform a nursing task does not permit the qualified provider to perform the task for a different child or young adult, and the authorization may not be transferred. (b) The skill of the qualified provider and the condition of the child or young adult must be reevaluated as appropriate. (c) The registered nurse may rescind the delegation, as provided in OAR 851-047-0030(7), and revise the personal care services plan accordingly. [Ed. Note: The form referenced is available from the Department.] Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 2-2015, f. & cert. ef. 1-1-15 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09
413-090-0140 Periodic Review of Personal Care Services Eligibility (1) A child or young adult's eligibility for personal care services must be reviewed annually from the initial date of the personal care services plan , unless an earlier date for reassessment has been approved in the personal care services plan . (2) The child or young adult's caseworker may refer the child or young adult for a personal care services reassessment earlier than the date approved in the personal care services plan if the child or young adult's need for personal care services has changed. The Personal Care Nurse Coordinator must approve the referral. (3) The contract registered nurse or Personal Care Nurse Coordinator must follow the process set forth in OAR 413-090-0133 when conducting a personal care services reassessment. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.005 & ORS 418.015 History: CWP 123-2020, amend filed 04/09/2020, effective 04/15/2020 CWP 2-2015, f. & cert. ef. 1-1-15 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0210 Termination of Personal Care Services and Payments (1) Personal care services provided to a child or young adult are terminated when the child or young adult no longer meets the eligibility requirements under OAR 413-090-0130 or the child or young adult moves. (2) Personal care services payments are made to the qualified provider as described in OAR 413-190-0150 until a personal care services plan is terminated or the date the child or young adult is no longer in the care of the foster parent or relative caregiver, whichever is earlier. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005 & 418.015 History: CWP 2-2015, f. & cert. ef. 1-1-15 CWP 21-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07 CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07 SOSCF 19-1999, f. 9-15-99, cert. ef. 9-20-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0300 Purpose The purpose of OAR 413-090-0300 to 413-090-0380 is to describe how payments for special and/or extraordinary needs may be used to benefit a child or young adult in the custody of the Department in foster care, family and professional shelter care, residential group care, or non-reimbursed placement such as SAIP and SCIP. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2006, f. & cert. ef. 2-1-06 CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0310 Definition Definitions for OAR 413-090-0300 to 413-090-0380 are in OAR 413-090-0000. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 2-2006, f. & cert. ef. 2-1-06 CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0330 Clothing (1) The Department must make certain that clothing needs of children and young adults going into or placed in substitute care, such as a residential facility, paid or unpaid placement or relative care placement are met. Both staff and contracted providers must use reasonable judgment in making clothing purchases. It is expected that a child or young adult in the custody of the Department will be dressed similar to other children living in the community. (2) Unless local office Program Manager or designee makes an individual exception, clothing purchases may be authorized after: (a) Clothing available and belonging to the child or young adult is obtained from the parent(s), guardian, relative caregiver, or provider at the time of placement or change of placement. If release of clothing is refused and it is in the best interest of the child or young adult, a court order for the release of such clothing may be requested from the juvenile court. (b) The monthly reimbursement to substitute care provider includes costs for clothing needs. It is the provider's responsibility to maintain the child or young adult's clothing with the monthly reimbursement. (c) When a child or young adult moves from one caregiver to another caregiver, all of the child or young adults clothing, including clothing purchased for the child or young adult while in substitute care, must go with the child. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 87-2023, amend filed 11/17/2023, effective 12/01/2023 CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0340 Transportation The agency may pay for non medical transportation not to exceed current Department mileage rates paid to Department staff. Reasonable travel to the child's home for visitation is a Title IV E allowable expense. All other transportation expenses are billed to General Fund: (1) Visitation: When family visitation is part of the service plan, the foster parent may be reimbursed for providing transportation to and from visits. When the child or young adult is in a residential care and treatment facility and the written treatment plan includes visitation with parents or relatives, the cost of the visits are expected to be shared by the Department, service provider, and child’s family. Negotiations with the provider and the child’s family to determine Department cost are made in advance of the visits. (2) School: When the child or young adult is in family foster care and the school district does not provide transportation, the foster parents may be reimbursed for providing transportation or for city bus passes when appropriate. (3) In state transportation by airline for children is approved only if the cost of the air fare does not exceed all the actual costs of transportation by car. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0355 Payments Eligible for Title IV-E (1) Title IV-E allowable clothing expenses are based upon a consideration of what is necessary or required. For example, Title IV-E can be claimed if a child is required to have certain supplies for a specific school class project. Title IV-E should not be utilized for supplies needed for an after school enrichment program. (2) Title IV-E allowable costs include, but are not limited to, locker and towel fees, art supplies, pencils, paper, necessary school clothing. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00
413-090-0365 Education Costs Not Eligible for Title IV-E (1) Basic school costs are to be paid by local school districts. (2) The Department‘s maximum payments for educational cost are outlined in I-E.5.2 Information Letter. (3) The educational costs on the list below are not Title IV-E eligible. The Department may authorize the following allowable school costs if sufficient funds are available: [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00
413-090-0370 Payment Method (1) A CF 598 (Authorization and Vendor Invoice) must be completed in accordance with instruction and presented to the vendor. (2) The CF 598 will authorize a maximum amount; however, the vendor may only bill the Department for the actual amount of purchase. (3) A business will be reimbursed after submitting a CF 598 which certifies goods and/or services were rendered by the business in accordance with the CF 598. (4) A person or party who has purchased goods or services will be reimbursed upon submitting the completed CF 598 along with original receipt(s) for each item purchased. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 10-2003, f. & cert. ef. 1-7-03 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0380 Children in Non-Reimbursed Placement at Oregon State Hospital and Other Non-Reimbursed Providers (1) The Department has established a procedure to provide personal allowances for children who are in custody of the Department and are placed in a non-reimbursed placement at SAIP, SCIP, and other non-reimbursed providers. (2) Procedure: (a) Determine if the children have benefits or resource coming in to their trust account. The Department staff can use the IFDF screen to see if the child has a balance in his/her trust account. If there is money in the trust account, the worker can initiate a CF 198 (Trust Action) monthly to receive payment for the child. Maximum monthly amount is not to exceed $30.00; (b) If the child does not have any benefits or resources coming in, then the allowance payment may be made from "Payments for Special and/or Extraordinary Needs" using the individual the Department location cost center and an object code of 980.092, Personal Allowance. (This is an EAS object code). Department staff would initiate payment by completing a CF 294 (Administrative Expense Voucher) monthly, including the child's case number and person letter. Maximum monthly amount would be $30.00. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 2-2006, f. & cert. ef. 2-1-06 CWP 10-2003, f. & cert. ef. 1-7-03 SOSCF 27-2000, f. & cert. ef. 9-14-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0400 Funeral and Burial Expenses (1) The Department may pay reasonable and appropriate expenses for services listed in section (3) of this rule only when: (a) The deceased child or young adult was: (A) In the legal custody of the Department at the time of death; or (B) An alleged victim in a CPS assessment; and (b) There are insufficient resources from parents, guardians or relatives to pay the expenses. (2) Payment for expenses listed in section (3) of this rule will be by reimbursement to the provider or vendor. The provider or vendor must submit to the Department an itemized statement of expenses, on the letterhead of the provider or vendor, of goods provided or services performed. (3) Subject to the limitations of this rule, the Department may pay expenses for the cost of goods and services associated with any of the following: (a) Preparation of the body. (b) In-state transfer of remains. (c) Cemetery burial. (d) Entombment. (e) Cremation. (f) Disposition of the remains, including space. (g) A casket, alternative container, burial container or urn. (h) A memorial or marker. (i) A ceremony (funeral, memorial, or alternate service) and use of facilities and staff. (j) Basic services of funeral director and staff. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 409.050, ORS 97.170, ORS 409.010, ORS 411.141, ORS 418.005 & ORS 418.015 History: CWP 8-2024, amend filed 04/08/2024, effective 05/01/2024 CWP 86-2023, temporary amend filed 11/13/2023, effective 11/13/2023 through 05/10/2024 CWP 10-2021, amend filed 04/27/2021, effective 05/01/2021 CWP 2-2016, f. & cert. ef. 2-1-16 CWP 13-2015, f. & cert. ef. 8-4-15 CWP 11-2003, f. & cert. ef. 1-7-03 SOSCF 14-1999, f. 7-8-99, cert. ef. 7-12-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-090-0405 Definitions Definitions for OAR 413-090-0400 to 413-090-0430 are in OAR 413-090-0000. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 13-2015, f. & cert. ef. 8-4-15 CWP 11-2003, f. & cert. ef. 1-7-03
413-095-0010 Administration of the BRS Program BRS contractors and BRS providers that provide services to a child in the care or custody of the Department of Human Services or one of the federally recognized Oregon tribes must comply with the requirements in the BRS program general rules (OAR Chapter 410, Division 170 and OAR Chapter 413, Division 095). Statutory/Other Authority: ORS 183.355, ORS 409.050, ORS 418.005, ORS 411.060, ORS 411.070 & ORS 411.116 Statutes/Other Implemented: ORS 418.315, ORS 418.490, ORS 418.005, ORS 411.070, ORS 418.015, ORS 418.027, ORS 411.116, ORS 411.141, ORS 418.285, ORS 418.312 & ORS 418.495 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 131-2020, temporary amend filed 06/29/2020, effective 07/01/2020 through 12/27/2020 CWP 1-2019, renumbered from 413-090-0055, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14
413-095-0020 Purpose The purpose of the Behavior Rehabilitation Services (BRS) Program is to remediate the BRS client's debilitating psychosocial, emotional, and/or behavioral disorders by providing services such as behavioral intervention, counseling, and skills-training. Services must be delivered integrating a gender-responsive, culturally sensitive, trauma-informed, and developmentally appropriate approach. These rules supplement the BRS program general rules with additional requirements for BRS programs provided through contract with the Department. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 411.060, ORS 411.170 & ORS 411.116 Statutes/Other Implemented: ORS 418.005, ORS 411.116, ORS 418.005, ORS 418.015, ORS 418.027, ORS 411.070, ORS 411.141, ORS 418.285, ORS 418.312, ORS 418.315, ORS 418.490 & ORS 418.495 History: CWP 1-2019, renumbered from 413-090-0060, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14
413-095-0040 Prior Authorization for the BRS Program; Appeal Rights (1) BRS program eligibility. (a) The Department may provide prior authorization for the BRS program for a child who: (A) Meets the requirements in OAR 410-170-0040(2)(a)(A) to (C); and (B) Is in the care or custody of the Department or one of the federally recognized Oregon tribes. (b) Notwithstanding subsection (1)(a) of this rule, the Department may provide prior authorization for the BRS program for a child who: (A) Meets the requirements in OAR 410-170-0040(2)(a)(B) through (E); (B) Is eligible for state-funded medical assistance under Title XIX and General Assistance Medical Eligibility, OAR 413-100-0400 through 413-100-0530; and (C) Is in the care or custody of the Department or one of the federally recognized Oregon tribes. (2) Appeal rights. (a) When a child is in the care or custody of the Department or a federally recognized Oregon tribe and is denied prior authorization for the BRS program under subsection (1)(a) of this rule, the child is entitled to notice and contested case hearing rights under OAR 410-120-1860 to 410-120-1865. The contested case hearing will be provided by the Authority (see OAR 410-120-1860(1)) and conducted by the Office of Administrative Hearings (see ORS 183.635). (b) When a child in the care or custody of the Department and enrolled in the Oregon Health Plan is denied prior authorization for the BRS program under subsection (1)(b) of this rule, the child is entitled to notice and contested case hearing rights under OAR 413-010-0500 to 413-010-0535. The contested case hearing will be provided by the Department and conducted by the Office of Administrative Hearings (see ORS 183.635). (3) Qualified Residential Treatment Program eligibility. (a) A BRS client or child must have a QRTP assessment, conducted in compliance with OAR 413-070-1090, recommending placement in a QRTP. The assessment must be completed prior to or within 30 days of the child’s or BRS client’s placement in a QRTP (b) When a BRS client or child does not receive a recommendation by the Qualified Individual for a QRTP placement, the BRS client or child must transition out of the BRS contractor’s program within 30 days if placed prior to the completion of the QRTP Assessment. Statutory/Other Authority: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 409.010, ORS 411.095, ORS 411.141, ORS 418.015, ORS 418.027, ORS 418.285, ORS 418.312, ORS 418.315, ORS 418.490, ORS 418.495 & ORS 409.010 History: CWP 145-2020, amend filed 11/24/2020, effective 12/01/2020 CWP 131-2020, temporary amend filed 06/29/2020, effective 07/01/2020 through 12/27/2020 CWP 1-2019, renumbered from 413-090-0075, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14
413-095-0070 When a Child or Young Adult Placed with a BRS Program is Missing (1) When a BRS client is missing, the BRS contractor or BRS provider must immediately report information about the missing BRS client to the following: (a) Law enforcement; (b) The National Center for Missing and Exploited Children; and (c) The Department. (2) The BRS contractor or BRS provider must complete an incident report, as described in OAR 410-170-0030(9) whenever a BRS client is missing. The incident report must include documentation that the report required in section (1) was made. Statutory/Other Authority: ORS 418.005, ORS 411.060, ORS 411.070, ORS 411.116 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 411.060, ORS 411.070, ORS 411.116, ORS 411.141, ORS 418.015, ORS 418.490, ORS 418.495 & P.L. 113-38 (2013) History: CWP 1-2019, renumbered from 413-090-0087, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 17-2016, f. & cert. ef. 9-29-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 27-2015, f. 12-28-15, cert. ef. 1-1-16 CWP 18-2015(Temp), f. 9-30-15, cert. ef. 10-1-15 thru 3-28-16
413-095-0080 Compliance Reviews and Remedies (1) The BRS contractor must cooperate, and ensure its BRS providers cooperate, with program compliance reviews or audits conducted by any federal, state or local governmental agency or entity related to the BRS program including, but not limited to, the reviews and audits described in OAR 407-120-0170, 407-120-0180, 407-120-0310, 407-120-1505 and 410-170-0120. (2) The Department or its designee will conduct compliance reviews periodically including, but not limited to, review of documentation and on-site inspections. (3) Upon receiving any notices or reports related to compliance with a BRS contract, the Department will investigate the report to determine whether there is any material breach of the terms of the contract and take appropriate contract action. (4) If the Department determines the BRS contractor is not in compliance with its contract to provide BRS services or placement-related activities, or is not in compliance with rule, state or federal law or regulation, then the Department may: (a) Provide technical assistance; (b) Require the BRS contractor or BRS provider to develop and implement a corrective action plan; (c) Pursue any or all remedies authorized under the contract; (d) Pursue any other remedy authorized by state or federal law; or (e) Pursue any combination of (a) to (d) of this section. (5) If the Department determines that the BRS contractor or the BRS provider is not in compliance with state or federal law or regulation, then in addition to pursuing any contract remedy, the Department may: (a) Provide technical assistance; (b) Require the BRS contractor or BRS provider to develop and implement a corrective action plan; (c) Refer the case to an appropriate licensing or other oversight federal or state or local governmental agency or entity; (d) Pursue any other remedy authorized by state or federal law; or (e) Pursue any combination of (a) to (d) of this section. Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 418.240 & ORS 418.250 Statutes/Other Implemented: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 418.027, ORS 418.495, ORS 409.010, ORS 418.240, ORS 418.250 & ORS 418.260 History: CWP 18-2019, minor correction filed 03/19/2019, effective 03/19/2019 CWP 1-2019, renumbered from 413-090-0090, filed 01/02/2019, effective 01/02/2019 CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 CWP 23-2016, f. & cert. ef. 12-1-16 CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14