justicedao/ipfs_state_laws huggingface dataset:
416-170-0020 Project Review (1) The OYA Research Committee (ORC) will review all research project proposals prior to implementation. Following such review, the ORC will submit a recommendation to the OYA research manager for approval or denial of the project. The decision of the OYA research manager is final. (2) Proposals requiring OYA policy decisions will be referred to the OYA Executive Team, as appropriate. (3) The ORC may recommend agency approval of research projects only if it finds that: (a) The research project proposal has been reviewed and approved by a human subjects review committee (e.g., institutional review board); (b) The research question is relevant and of importance to the agency or juvenile corrections as a whole; (c) The implementation of such project does not cause undue expense or use of agency resources or compromise safety, security, OYA’s mission, or state or federal laws; (d) The advantages to the youth in custody are not of such a magnitude as to affect the youth in custody 's ability to weigh the risks of the research against the value of such advantages in the limited-choice environment within facilities or programs; (e) The risks involved in the research are commensurate with the risks that would be accepted by non-adjudicated or non-convicted persons; (f) Procedures for selection of subjects within the facility are fair to all youth in custody and immune from arbitrary intervention by facility or program personnel, or other youth in custody. Unless there is written justification for following some other procedures, control subjects will be selected randomly from the group of available youth in custody who meet the characteristics needed for the particular research project; and (g) Adequate assurance exists that a youth in custody 's participation in the project or refusal to participate will not affect the youth in custody's release or privilege status. (4) During the review process, the ORC may engage other parties, such as advisory committees and representatives of other governmental agencies, to provide technical critiques of the proposed project and opinions on its merits. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2012, f. & cert. ef. 2-3-12 OYA 2-2005, f. & cert. ef. 1-11-05 OYA 5-2000, f. & cert. ef. 6-15-00
416-170-0030 OYA Research Committee (ORC) The ORC will: (1) Develop procedures to ensure that proposals are reviewed in a timely manner; (2) Represent the agency's facilities, programs, stakeholders, and youth in custody, and include persons with the technical knowledge and ability to review project methodology and outcomes; (3) Review all research proposals and submit recommendations for approval or denial of such requests to the OYA research manager for final approval; (4) Ensure proper consent and assent is given prior to a youth in custody’s participation in a research project, according to OYA policy and a human subjects review committee recommendations; (5) Provide notification of approved research projects, including a copy of the approved informed consent or assent form, to relevant OYA programs or facilities; (6) Maintain a complete and current list of all research projects approved by OYA; (7) Review the resulting data or project report and recommend to the OYA Executive Team whether a disclaimer is necessary; and (8) Assist in the development of a project summary for distribution to the agency-at-large. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2012, f. & cert. ef. 2-3-12 OYA 2-2005, f. & cert. ef. 1-11-05 OYA 5-2000, f. & cert. ef. 6-15-00
416-180-0000 Purpose The purpose of these rules is to establish how the Juvenile Justice Information System (JJIS) is developed and maintained by the state through the Oregon Youth Authority (OYA), and administered in partnership with county juvenile departments. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-180-0005 Definitions (1) External partner: A public or private agency (other than an internal partner) that works with youth or adjudicated youth served by the county juvenile departments and the Oregon Youth Authority, and has been authorized to have JJIS access. (2) Internal partner: An organization that directly records data, reports information, or manages a youth or adjudicated youth caseload using JJIS. (3) Juvenile Justice Information System (JJIS): An electronic information system developed and maintained by the state through the Oregon Youth Authority (OYA) and administered in partnership with county juvenile departments. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2019, adopt filed 03/29/2019, effective 04/01/2019
416-180-0010 Vision The JJIS vision is to promote public safety and youth accountability and to offer opportunities for reformation to youth, through a statewide juvenile justice information system that: (1) Provides a comprehensive view of information about youth and adjudicated youth across Oregon’s state and county juvenile justice agencies; (2) Provides comprehensive support for managing individual youth and adjudicated youth cases and tracking youth and adjudicated youth through the juvenile justice process; (3) Provides the capacity for and aids in the overall planning, development, and evaluation of programs designed to reduce juvenile crime; and (4) Recognizes and supports the common needs of juvenile justice partner agencies. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-180-0020 Steering Committee JJIS is administered by OYA in partnership with county juvenile departments through a JJIS Steering Committee. (1) The JJIS Steering Committee sets the JJIS vision and goals. The Steering Committee's responsibilities include, but are not limited to: (a) Oversight of the development and implementation of policies and processes for collecting and reporting data; (b) Assignment of duties between partnering state and local agencies; (c) Determination of system features, including prioritizing development and implementation of such features; (d) Monitoring of external partner JJIS access; and (e) Final approval of JJIS policies and procedures, decisions relating to implementation and maintenance of the system and upgrades. (2) The Steering Committee may develop advisory groups, as necessary, to help achieve JJIS goals. (3) The Steering Committee must meet at least once every three months. Membership may include internal and external partners. Steering Committee members include the following: (a) Three OYA representatives, including the Steering Committee chairperson, appointed by the OYA director; (b) Five county juvenile department directors, including the Steering Committee co-chair, appointed by the Oregon Juvenile Department Directors’ Association (OJDDA); and (c) External partners with interest in the JJIS system or database who may be invited by a Steering Committee chairperson to attend Steering Committee meetings to participate in discussions. (d) Only members listed under (a) and (b) above may vote on Steering Committee recommendations. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-180-0030 Intergovernmental Agreements (1) Intergovernmental agreements must be maintained between internal partners that outline the division of state and county roles and costs. (2) Intergovernmental agreements may be written to describe the roles of external partners, as determined by the Steering Committee. (3) The language in the intergovernmental agreements must be approved by the Steering Committee and reviewed on a timeline determined by the Steering Committee. Revisions to the intergovernmental agreements require the Steering Committee’s prior approval. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-180-0040 JJIS Policy and Procedure Development (1) JJIS policy and procedures are developed and approved through the Steering Committee. Final JJIS policies and procedures must be retained and available electronically. (2) Each participating state and county agency must ensure that its daily operations adhere to the standards contained within the JJIS policies and procedures. (3) Draft policies and procedures must be distributed to the OYA rules and policy coordinator for review prior to the Steering Committee’s adoption, amendment, or repeal. (4) The Steering Committee has final authority to approve all JJIS policies and procedures. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-180-0050 Information Security (1) JJIS must comply with all federal, state, and local laws regarding public information and confidentiality, and information technology standards set by the Oregon Legislature, the Department of Administrative Services, and the Criminal Justice Information Standards. The Steering Committee must establish methods for data interchange and information access between partnering agencies that comply with such laws and standards. (2) OYA or a county juvenile department may disclose information in JJIS relating to a youth's or adjudicated youth’s history and prognosis only to a government agency, a public or private post-secondary institution of education, or a person with whom OYA or a county juvenile department has entered into an agreement for the disclosure of the information, and only for the following purposes: (a) Research; (b) Evaluation; (c) Coordination of public safety services; (d) Program planning; and (e) Compliance with grant requirements and audits. (3) OYA must also follow OAR chapter 416, division 170 when disclosing information under OAR 416-180-0050(2)(a). (4) JJIS internal and external partners must conform to system security measures, as defined by JJIS policies and procedures and implemented at the local level through related procedures, to protect the integrity of the system. (5) The Steering Committee retains the right to terminate JJIS access at any time for violation of a user’s access agreement. (6) No person may use the JJIS system or JJIS data for personal interest, advantage, gain, or for any private purpose. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.223 History: OYA 12-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 3-2019, minor correction filed 04/02/2019, effective 04/02/2019 OYA 1-2019, amend filed 03/29/2019, effective 04/01/2019 OYA 3-2004, f. & cert. ef. 5-14-04 OYA 4-2000, f. & cert. ef. 6-5-00
416-250-0000 Purpose and Scope (1) These rules establish an OYA procedure for audits of any service provider agreeing to offer services through direct contract with the OYA, and the provider’s subcontractors and vendors. These rules also establish basic record keeping standards for programs subject to audit under these rules, establish procedures for appealing audit findings, and set out a process to implement the findings of the final audit report. (2) Under these rules, the OYA may audit any service provider that provides any part of OYA services. The scope of the audit will include only OYA funds or related matching funds. However, OYA may include other funds in its tests to the extent necessary to audit OYA funds or matching funds. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-250-0020 Revenue (1) A service provider will maintain a revenue account for each income source which results from the operation of the service or is used to support the service. For example, separate revenue accounts will be established for each program for which the provider receives payment from OYA, direct federal payments, donations, fees, interest earned, rentals collected from subleases, sales of capital equipment, training grants or any other source of income. (2) Only cash revenue may be used to match state funds unless the OYA gives prior authorization in writing to use contributed services or property to match state funds. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0040 Audit Process and Reports (1) Any person, organization, or agency, including OYA, may request an audit of a service provider by submitting an audit request in writing to the OYA Director’s Office. The request will clearly identify the service provider to be audited, setting forth its name, location, program director, the period for which the audit is requested and the reason for the request. (2) The OYA Director’s Office will review the request and arrange for an audit if considered appropriate. (3) The OYA Director’s Office has discretion to notify the appropriate service provider program director of the scheduled audit in advance. The OYA retains the right to perform an audit without prior notice to the subject service provider. (4) Upon completion of the audit, the OYA will prepare a report setting forth the findings, recommendations, and auditee responses where applicable. Audit work papers will be available showing the details of the audit findings. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0050 Disposition of Audit Findings (1) To the extent an audit documents non-allowable expenditures in non-capitated programs, the OYA will recover such funds. (2) To the extent an audit report evidences non-compliance with applicable program and/or licensing rules, the audit findings may be referred to the Director of the OYA to assess civil penalties, where applicable, or for other corrective action deemed necessary by the OYA. (3) Notwithstanding any other provisions of these rules, to the extent an audit report reveals non-compliance with Generally Accepted Accounting Principles or these rules, OYA may require corrective action to bring the deficiencies into compliance with state and federal rules and regulations. Non-compliance which results in substantial misrepresentation of financial activities may result in termination of the license and/or contract. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0060 Provider Appeals (1) A provider may appeal certain decisions affecting the provider by making a written request to the OYA Director’s Office. The request must state whether the provider wants an administrative review, and/or a contested case hearing, as outlined in the OMAP General Rules OAR 410-120-1560, Provider Appeals, through 410-120-1840, Provider Hearings-Role of Hearings Officer. If the subject service provider decides to appeal the audit, it will set forth in writing the reasons for its appeal within 30 days of receipt of the report. (2) When OYA seeks to recover funds under these rules, OYA will negotiate the terms and conditions of repayment with the audited service provider. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0070 Basic Accounting Records (1) A service provider subject to audit under these rules will maintain a chart of accounts that defines all items included in determining the cost for each program. The chart of accounts will list all revenues and expense accounts. (2) The organization will have bank deposit records and documentation to verify the source of revenue. Revenue and expense accounts, with related asset, liability, and equity accounts, will account for all expenditures related to delivery of the program. (3) All basic accounting records will be retained for at least three years following the expiration of the contract or from the finalization of an audit including any appeal, whichever is later. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0080 Internal Controls Establishing and maintaining an internal control structure is the responsibility of the service provider. Effective internal controls are considered essential to achieving the proper conduct of business with full accountability for the resources made available. Internal controls will be implemented and maintained to provide reasonable assurance that: (1) The provider identifies, assembles, classifies, records, analyzes, and reports its transactions in conformity with Generally Accepted Accounting Principles or appropriate regulatory requirements for preparing financial statements and other required financial reports; (2) Losses or misappropriations of assets due to errors or irregularities in processing transactions and handling the related assets are prevented or detected; (3) Noncompliance with applicable federal and state laws and rules and regulations and terms of the contract is prevented or detected; (4) State and federal funds are reasonably, prudently and economically spent; and (5) All costs are appropriately allocated among programs, departments, and other benefiting units. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-250-0090 Independent Audit Reports The OYA may, at its discretion, accept an independent audit, in lieu of an OYA audit, if it determines the work papers and procedures of the independent auditor meet Government Auditing Standards (where applicable), Generally Accepted Auditing Standards and other audit standards which may be adopted by the OYA. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 1-2005, f. & cert. ef. 1-11-05 OYA 4-2001, f. & cert. ef. 4-20-01
416-255-0010 Purpose The rules in OAR chapter 416 division 255 provide guidelines for the Oregon Youth Authority in providing reentry support and services for DOC youth in custody who are released from a youth correction facility. Reentry support and services may include, but are not limited to, aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring, or specialized supervision strategies. Statutory/Other Authority: ORS 420A.025 & ORS 420A.130 Statutes/Other Implemented: ORS 420A.130 History: OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 4-2018, minor correction filed 04/10/2018, effective 04/10/2018 OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018
416-255-0020 Definitions (1) DOC youth in custody: A person in the legal custody of the Department of Corrections (DOC) and the physical custody of OYA. (2) OYA: Oregon Youth Authority. (3) Reentry support and services: Has the meaning given that term in ORS 423.110. (4) Youth correction facility: A facility used for the confinement of adjudicated youth and other persons placed in the legal or physical custody of OYA and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps and branches of those facilities. Statutory/Other Authority: ORS 420A.025 & ORS 420A.130 Statutes/Other Implemented: ORS 420A.130 History: OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018
416-255-0030 Reentry support and services (1) OYA may provide reentry support and services approved by a DOC youth in custody’s supervisory authority to the DOC youth in custody while the DOC youth in custody is on any form of transitional leave, work release or program of conditional or supervised release, or post-prison supervision when: (a) A DOC youth in custody’s release plan requires an emergency change, including the DOC youth in custody’s proposed residence or transportation from the releasing facility, and OYA has the resource(s) to implement the change; (b) OYA has the resource(s) to help implement the DOC youth in custody’s community case plan, at the request of the DOC youth in custody’s supervisory authority; or (c) A DOC youth in custody’s initial community case plan identifies that ongoing contact with specific OYA employees will be beneficial. (2) OYA must stop providing a DOC youth in custody reentry support and services - (a) When OYA does not have the resources to provide the DOC youth in custody reentry support and services; (b) When the DOC youth in custody no longer needs OYA reentry support and services, as determined by the DOC youth in custody’s supervisory authority; (c) On the date the DOC youth in custody attains 25 years of age; or (d) On the date the DOC youth in custody completes the sentence for the offense for which the DOC youth in custody was transferred to OYA physical custody. (3) OYA employees must notify a DOC youth in custody’s supervisory authority in writing of any reentry support and services provided to the DOC youth in custody, including contact and communication with the DOC youth in custody while the DOC youth in custody is on any form of transitional leave, work release or program of conditional or supervised release, or post-prison supervision. Statutory/Other Authority: ORS 420A.025 & ORS 420A.130 Statutes/Other Implemented: ORS 420A.130 History: OYA 14-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2018, adopt filed 04/02/2018, effective 04/02/2018