justicedao/ipfs_state_laws huggingface dataset:
419-470-0120 Staff Training In addition to the requirements in OAR 419-400-0120(4) and (5), a residential care agency must meet all of the following training requirements with respect to its staff: (1) Staff of the residential care agency must be provided with orientation training prior to working alone with a child in care and must be completed within 30 days of hire. The orientation must include training on all of the following: (a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control. (b) Cardiopulmonary resuscitation (CPR) and first aid training sufficient to retain a current certification. (c) Universal Precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene. (d) Application of the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities for child in care. (e) Training on residential care agency’s policy on suicide prevention and suicide risk assessment tool. (2) Staff of the residential care agency must receive ongoing training at least annually on all of the following: (a) Procedures for handling environmental emergencies. (b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene. (c) Discipline and behavior management. (d) Training on residential care agency’s policy on suicide prevention and suicide risk assessment tool. (3) Staff providing direct care of children in care of the residential care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0556, 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 27-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 CWP 33-2008, f. & cert. ef. 10-17-08
419-470-0130 Minimum Staffing Requirements A residential care agency must meet all of the following requirements: (1) Minimum staffing patterns. The residential care agency must establish staff-to-child ratios that will provide adequate supervision and protection for children in care. The ratios must be adequate for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios are as follows: (a) For children in care who are under 30 months of age: one direct care staff for each four children in care. (b) For children in care who are 30 months of age or older and either less than six years of age or non-ambulatory, one direct care staff for each six children in care. (c) For children in care who are six years of age or older, one direct care staff for each seven children in care. (2) Overnight staffing requirements. (a) A residential care agency must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the residential care agency houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements. (b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 10 children in care. (3) Additional staffing requirements for emergency response. (a) When there is only one staff of the residential care agency on duty in the facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. (b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0561, filed 11/28/2022, effective 12/01/2022 CWP 28-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 19-2015, f. & cert. ef. 10-1-15 Renumbered from 413-210-0080, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0140 Sleeping Arrangements A residential care agency must meet all of the following requirements: (1) Combining children and adults. Children in care 18 years of age or older must be housed in separate bedrooms from children in care under 18 years of age, unless: (a) A parent and child, when one or both is a child in care, share a bedroom; or (b) The residential care agency has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom. (2) Special care must be taken by a residential care agency to provide adequate supervision when children in care are sleeping. Children's bedrooms for males must be separated from bedrooms for females. (3) When assigning bedrooms, a residential care agency must consider all of the following: (a) Chronological age; (b) Developmental age; (c) Gender identity; and (d) Personal history, including medical, mental health, behavioral health, and past adverse experiences including any physical or sexual abuse. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0566, filed 11/28/2022, effective 12/01/2022 CWP 29-2020, 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 Renumbered from 413-210-0090, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0150 Referral and Initial Evaluation of Children (1) Referral. A residential care agency must have a policy that addresses the process by which children in care are referred to the residential care agency. The policy must include all of the following: (a) From whom referrals are accepted. (b) On what basis children are accepted by the residential care agency. (c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff (2) Initial evaluation of a child. A residential care agency must evaluate each child in care referred to the residential care agency. In conducting the evaluation, the residential care agency must: (a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and behavioral health. (b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0571, filed 11/28/2022, effective 12/01/2022 CWP 30-2020, 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 Renumbered from 413-210-0170, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0180 Residential Care Agencies: Notification to Public Schools (1) This rule applies if a residential care agency intends any of the actions: (a) To establish or expand a residential program for children. (b) To change the type of educational services provided. (c) To change the population of children to be served by an existing program. (2) Prior to an action covered by section (1) of this rule, a residential care agency must notify the superintendent or school board of the local school district, in writing, three months prior to making the intended change in order for the school district to make a determination of the effect of different, or additional, services upon the facilities and programs of the district. (3) A residential care agency must send written proof of compliance with ORS 336.575 to the Department licensing coordinator. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 & ORS 336.575 History: CWP 26-2022, renumbered from 413-215-0586, filed 11/28/2022, effective 12/01/2022 CWP 32-2020, 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 33-2008, f. & cert. ef. 10-17-08
419-480-0010 Secure Transportation Services: What Law Applies These rules, OAR 419-480-0010 to 419-480-0120 regulate a child-caring agency licensed as a secure transportation services provider. A secure transportation services provider must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 418.327 History: OTIS 64-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1102, filed 11/28/2022, effective 12/01/2022 CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022 CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0020 Secure Transportation Services: License Requirements (1) A secure transportation services provider must be licensed by the Department to provide secure transportation or provide secure escort services to any child as defined by ORS 418.205. (2) The following secure transportation services providers are exempt from the requirements of being licensed as a secure transportation services provider: (a) A secure nonemergency medical transportation provider; (b) A child-caring agency that is licensed by the Department if: (A) The child-caring agency is not primarily engaged in the provision of secure transportation services; (B) The child being transported or escorted is receiving services from the child-caring agency ; and (C) The secure transportation or escort is provided consistent with OAR 419-480-0010 to 419-480-0120. (c) An ambulance service as defined in ORS 682.025 that is transporting a child in an ambulance for the purpose of obtaining medical care; or (d) A developmental disability residential facility subject to ORS 443.400 to 443.455, 443.830 and 443.835 if: (A) The facility is not primarily engaged in the provision of secure transportation services; (B) The child being transported or escorted is receiving services from the child-caring agency ; and (C) The secure transportation or escort is provided consistent with OAR 419-480-0010 to 419-480-0120. (3) The exemptions described in OAR 419-480-0020(2) do not apply if the child-caring agency or developmental disabilities residential facility is transporting a child for the purposes of placing the child in a facility that is not licensed by the Department or in a hospital that is not licensed by the Oregon Health Authority. (4) In addition to the requirements in OAR 419-400-0005 to 419-400-0310, to be licensed by the Department a Secure Transportation Services provider must: (a) Maintain general and automobile liability coverage for personal injury and death of at least $250,000 per person per incident. (b) Maintain general and automobile liability coverage for property damage and destruction of at least $50,000 per incident. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 418.327 History: OTIS 65-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1112, filed 11/28/2022, effective 12/01/2022 CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022 CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0030 Secure Transportation Services: Service Agreement Requirements A secure transportation services provider will create standards for all service agreements entered into for the delivery of secure transportation services for a child in care . All agreements will, at a minimum, address the following: (1) The fee charged. (2) A description of the services to be provided. (3) Information collected by the secure transportation services provider to ensure the safety, physical health, mental health and well-being of the child in care including, but not limited to: (a) Any physical limitations; (b) Any known allergies; (c) All medications and administration schedule(s), both prescribed and over the counter; and (d) Any other needs as identified by the guardian. (4) A description of the mode(s) of transportation and route that will be taken in the course of service delivery. (5) A detailed inventory of personal belongings. This will include weather appropriate apparel. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 -418.327 History: CWP 26-2022, renumbered from 413-215-1115, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0040 Secure Transportation Services: Staffing Requirements (1) Employees, contractors, agents, and volunteers who transport a child in care shall have a valid driver’s license. The license must be the class of license, with any required endorsements, that permits the employee or volunteer to legally operate the vehicle or vehicles used for transporting children. (2) Employees, contractors, agents, and volunteers of secure transportation services providers shall comply with any and all applicable state and local permitting, registration or licensing requirements associated with providing secure transportation services in any jurisdiction in which the services are provided. (3) Employees, contractors, agents, and volunteers who have contact with any child in care or transport a child in care must have an approved background check per OAR 407-007-2000 to 407-007-0370; however, preliminary hiring, as described in OAR 407-007-0315, will not be permitted. (4) Employees, contractors, agents, and volunteers who transport a child in care shall be trained in the following: (a) Job duties and responsibilities; (b) The transportation services provider’s policies and procedures; (c) A nationally recognized safe driving training course within 90 days of the date of hire and at least every three years thereafter; (d) First aid and cardiopulmonary resuscitation sufficient to retain a current certification; (e) Universal precautions (infection control guidelines designed to protect workers and clients from exposure to diseases spready by blood and certain body fluids); (f) Mandatory abuse reporting, approved by the Department , consistent with OAR 419-400-0120 Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: OTIS 66-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1119, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0050 Secure Transportation Services: Staffing Ratios The secure transportation services provider must provide adequate supervision and protection to maintain the physical health, mental health and well-being for any child in care it is serving . Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1121, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0060 Secure Transportation Services: Client Records For each child in care of a secure transportation services provider, the secure transportation services provider must maintain a record that includes all of the following information: (1) The name, gender, and date of birth of the child in care . (2) The date of admission to the program . (3) The name, address, and telephone number of: (a) The child in care's parent(s), or (b) The child in care's legal guardian, if different than the parent(s), and a copy of the document that provides for the legal guardian’s authority over the child in care . (4) Incident Reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record. (5) An assessment must be completed prior to transportation services. This assessment shall be based on conversations with those knowledgeable of the child in care , such as the child in care’s parent(s) or legal guardian(s), and a review of relevant documentation. The assessment must include relevant medical and behavioral needs of the child in care. (6) A service plan describing how the secure transportation service provider will meet the child in care’s needs identified in the assessment during the transport. (7) Any required signed consents and authorizations. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1123, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0070 Secure Transportation Services: Consents, Disclosures and Authorization (1) Consents. For each child in care the secure transportation services provider must ensure that a parent or legal guardian signs a consent that authorizes the secure transportation services provider to undertake each of the following: (a) To provide secure transportation or escort services to the child in care. (b) To allow access to a child in care as required by ORS 418.305. (c) To use the behavior management systems utilized by the secure transportation services provider. (d) To use restraint or seclusion in the management of the child in care . The consent must specify the reasons such interventions are used by the secure transportation services provider and how the employees of the secure transportation services provider are trained and supervised in the use of restraint or seclusion consistent with OAR 419-400-0150 and OAR 419-400-0180. (2) Disclosures . At admission, the secure transportation services provider must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the secure transportation services provider will make any written policy or procedure pertaining to program services available for review by the child in care and the child’s parent or legal guardian, upon request (3) Authorizations. Written authorization to obtain confidential health information must be specific and have an expiration date. Information may only be requested if it directly pertains to the services being provided by the secure transportation services provider. Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: OTIS 67-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1127, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022
419-480-0080 Secure Transportation Services: Policy and Procedures Each secure transportation services provider must have and adhere to comprehensive written policies and procedures that are well organized, accessible and easy to use. In addition to other policies and procedures required by these rules, the policies and procedures must also include: (1) Standard of conduct for all employees, contractors, agents, and volunteers who operate a motor vehicle in the course of their duties or participate in secure transport duties. (2) How the secure transportation services provider will ensure the confidentiality of the identity and the records of any child in care. (3) When lodging will be provided and how safety and well-being of the child in care will be maintained. (4) Expectations of the availability and provisions for food and drinks to a child in care. (5) How a child in care will access bathroom facilities while in the care of a secure transportation services provider. (6) The notification of any emergency or deviation from the transportation itinerary to the parent or guardian of the child in care and how that will be documented . Statutory/Other Authority: ORS 409.050, ORS 418.005, OR Laws 2021 Ch. 672, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS 418.205 - 327 History: CWP 26-2022, renumbered from 413-215-1131, filed 11/28/2022, effective 12/01/2022 CWP 7-2022, adopt filed 04/27/2022, effective 04/27/2022