justicedao/ipfs_state_laws huggingface dataset:
416-260-0010 Purpose (1) These rules describe how OYA establishes and maintains Youth Welfare Accounts and trust accounts for youth in its custody. (2) Definitions: (a) Care: Services provided to meet the needs of a youth in custody (i.e., food, shelter, clothing, medical care, schooling, protection, supervision). (b) Financial accounting: A detailed accounting of money spent by OYA for care of a youth in custody and the amount of trust money, by funding source, reimbursed to OYA for these items. (c) Maintenance account: A sub-section of a youth in custody’s trust account used to account for funds that may be used to pay for the youth in custody’s cost of care. (d) OYA: Oregon Youth Authority. (e) Special account: A sub-section of a youth in custody’s trust account used to account for funds received for a youth in custody for purposes other than paying for the youth in custody’s cost of care. (f) Termination of custody: Relinquishment of OYA custody as a result of a court order, the youth in custody’s age, or transfer to a supervising authority other than OYA. (g) Youth in custody: A person in the legal and physical custody of OYA either in an OYA close-custody facility or placed in the community under supervision, or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility. (h) Youth Welfare Account: A general account established by OYA dedicated to providing monies to benefit the close-custody youth in custody population and enhance youth in custody activities and programs. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030 & 420A.032 & 420A.035 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0015 Youth Welfare Accounts (1) OYA has established Youth Welfare Accounts for each OYA close-custody facility to provide funds to benefit the close-custody youth in custody population and enhance youth in custody activities and programs. (2) Revenue from youth in custody work programs, donations made to OYA for the benefit of all close-custody facility youth in custody, and fundraisers benefiting close-custody youth in custody programs will be deposited into a Youth Welfare Account. (3) OYA may use monies in Youth Welfare Accounts to fund a variety of programs, services and activities benefiting the close-custody youth in custody population and enhancing youth in custody close-custody facility activities and programs. Specific uses of the funds may include, but are not limited to, operations, support or enhancement of the following programs, services and activities: (a) Recreational activities; (b) Incentive awards; (c) Holiday events, decorations, and gifts; (d) Entertainment equipment and supplies; (e) Repair of equipment purchased from a Youth Welfare Account; and (f) Youth in custody work or vocational program startup costs, equipment, attire, and safety supplies. Statutory/Other Authority: ORS 420A.030, 420A.014 & 420A.100 Statutes/Other Implemented: ORS 420A.030, 420A.014 & 420A.100 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11
416-260-0020 Establishing Youth in Custody Trust Accounts OYA must establish a trust account for a youth in custody when placed in OYA's legal or physical custody. This account must include both a maintenance and a special account in which all revenue received on a youth in custody 's behalf must be recorded. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030 & 420A.032 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0030 Sources and Uses of Maintenance Account Money (1) OYA must deposit all money received for the purpose of caring for a youth in custody in OYA's legal or physical custody, and interest earned thereon, into the youth in custody 's maintenance account. The maintenance account must include subaccounts to separately track money and interest earned by source as follows: (a) Social Security; (b) Supplemental Security Income (SSI); (c) Supplemental Security Income Dedicated (SSI Dedicated); (d) Court-ordered support; and (e) Other sources. (2) OYA must apply money available in a youth in custody 's maintenance account against costs OYA expended for care of that youth in custody. (3) Youth in custody placed in an unpaid placement may have monthly needs met from certain money available in their maintenance accounts. OYA must determine prior to forwarding money that a financial need exists. The maximum amount to be forwarded varies by source. For example: (a) Benefits such as Social Security, Veteran's, and Railroad Retirement must not exceed the month's benefit; (b) SSI benefits must be returned to the Social Security Administration (SSA); (c) Voluntary support is limited only by financial need; or (d) Court-ordered support must not be used for this purpose. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030 & 420A.032 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0040 Sources and Uses of Special Account Money (1)(a) OYA must deposit money received for a youth in custody for purposes other than paying for that youth in custody 's cost of care into the youth in custody 's special account. Sources of money include the youth in custody 's earnings, restricted money gifts, restricted inheritances, money brought with the youth in custody when entering OYA's physical or legal custody, interest earned on special account money, etc. (b) OYA must consider all money not specifically designated for a purpose other than the youth in custody's cost of care available for care of that youth in custody and must deposit it in the youth in custody's maintenance account. (2) OYA must use special accounts to pay obligations incurred by youth in custody. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0050 Financial Accounting OYA must complete financial accountings as required for legal proceedings, audits, and when a maintenance account balance exists and the youth in custody's OYA custody has been terminated. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030 & 420A.032 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0060 Clearing a Trust Account Upon Termination of Custody (1)(a) When OYA's custody of a youth in custody is terminated, funds available in the youth in custody’s trust accounts must be disbursed and accounts closed. (b) Maintenance account money must be used to reimburse OYA expenditures in the following priority: (A) Court-ordered support; (B) Social Security; (C) Voluntary support; (D) Veteran’s benefits; (E) Workers' compensation insurance (SAIF); (F) Civil service annuities; (G) Military allotments; (H) Railroad retirement; (I) Other; and (J) Supplemental Security Income (SSI). (2)(a) OYA must release special account money to the youth in custody or legal guardian no earlier than six weeks after the youth in custody leaves close custody, and at the juvenile parole/probation officer's discretion if the youth in custody remains in OYA legal custody. (b) OYA may not disburse accounts with balances less than $5. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-260-0070 Unclaimed Special Account Balances (1) OYA must identify special account balances which are unclaimed and abandoned two years from the date OYA's custody terminated, in accordance with the Uniform Disposition of Unclaimed Property Act. (2) OYA must diligently attempt to locate youth in custody who have special account balances of at least $100. (a) OYA must, at a minimum, send a letter to the youth in custody's last known address stating there is a trust account balance with OYA and the youth in custody has 30 days from the date of the notice to claim the account. (b) If the notice is returned because the youth in custody moved without a forwarding address, or the 30 days elapses without a response, OYA must forward the special account balance to the Division of State Lands in accordance with that agency's administrative rules. (3) OYA must forward special accounts with balances less than $100 to the Division of State Lands in accordance with that agency's administrative rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.030, 420A.032 & 420A.035 History: OYA 15-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2015, f. & cert. ef. 2-19-15 OYA 5-2001, f. & cert. ef. 4-20-01
416-300-0000 Purpose These rules establish procedures to conditionally release an adjudicated youth on parole into the community, or revoke an adjudicated youth's parole. Statutory/Other Authority: ORS 420A.025, 420A.105 & 420A.120 Statutes/Other Implemented: ORS 419C.481, 420.045, 420A.105, 420A.115, 420A.120, 420.905, 420.910 & 420.915 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-300-0010 Definitions (1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age. (2) Field supervisor: The manager of an OYA parole/probation office. (3) Formal parole revocation hearing: A hearing to determine whether parole should be revoked that is conducted after a preliminary parole revocation hearing has resulted in a recommendation for revocation or another sanction. (4) Juvenile Parole/Probation Agreement: A written agreement between a paroling adjudicated youth and the Oregon Youth Authority that establishes the adjudicated youth's conditions of parole. (5) Juvenile Parole/Probation Officer (JPPO): The OYA case manager who works with an adjudicated youth, and the adjudicated youth’s family, and the community while the adjudicated youth is in OYA custody. (6) OYA: Oregon Youth Authority. (7) Parole: The conditional release of an adjudicated youth from a youth correction facility subject to the director’s authority to revoke parole pursuant to ORS 420.045(3). (8) Parole revocation: The act of rescinding an adjudicated youth's parole. (9) Preliminary parole revocation hearing: A hearing to determine if probable cause exists to believe an adjudicated youth has violated one or more conditions of parole, and it is in the best interests of the adjudicated youth and the community to revoke parole or impose an intermediate sanction. (10) Superintendent: The manager of a youth correction facility. (11) 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 Statutes/Other Implemented: ORS 420.045, 420A.115 & ORS 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-300-0015 Release Factors and Review Process (1) OYA considers the following factors when determining an adjudicated youth’s readiness for conditional release from a youth correction facility: (a) The adjudicated youth’s efforts, participation in and progress on treatment, educational, vocational, and behavioral goals; (b) Whether the adjudicated youth has made and agrees to continue to make restitution to the victim; (c) Availability of safe placement for the adjudicated youth and availability of community resources to support the adjudicated youth’s continued development; (d) The threat of harm the adjudicated youth represents to self or others; (e) The impact of the adjudicated youth’s release on the victim and the community; (f) Any applicable predictive data tools; (g) The adjudicated youth’s demonstrated development of markers of psychosocial maturity shown by research to be corroborated with desistance from crime; and (h) Any other factors or circumstances deemed relevant by OYA based upon the individual characteristics and circumstances of the adjudicated youth. (2) OYA must identify a written release readiness review process by OYA policy. The process must include an executive-level review for adjudicated youth whose cases are identified as administratively sensitive as set forth in OAR 416-430-0000, or who qualify for a public safety reserve bed as set forth in OAR 416-410-0020(1)(a). Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.045, ORS 420A.115 & ORS 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 12-2020, adopt filed 07/06/2020, effective 07/06/2020
416-300-0020 Parole (1) When it is determined by OYA that an adjudicated youth is ready for conditional release from a youth correction facility and after notifying the committing court of the intended release, the superintendent may parole the adjudicated youth. (2) Parole is formalized by a written Juvenile Parole/Probation Agreement that includes the following understandings and conditions: (a) Parole is a conditional release and does not restore full freedom; (b) The person(s) with whom the adjudicated youth is placed will have custody of the adjudicated youth subject to supervision by the OYA; (c) Conditions of parole are subject to modification by OYA at any time, including an increase or decrease in supervision level or other changes OYA deems necessary; and (d) Parole may be revoked or an intermediate sanction imposed if the adjudicated youth violates any written condition, or if OYA finds that continuation of parole is not in the best interests of the adjudicated youth or the community. (3) Adjudicated youth on parole must: (a) Abide by the conditions of the Juvenile Parole/Probation Agreement; (b) Remain within the control and care of the person(s) who has custody of the adjudicated youth; (c) Inform the juvenile parole/probation officer (JPPO) of the adjudicated youth’s whereabouts, including obtaining prior approval before changing residences, being absent overnight from an approved residence, or leaving the state for any reason; (d) Obey all federal and state laws, and all county and city ordinances; and (e) Abide by the direction of the JPPO and the provisions of any written agreements, including special conditions. (4) Notwithstanding section (3)(d), an allegation that an adjudicated youth’s presence in the United States is in violation of federal immigration laws will not be deemed by OYA to violate that condition of parole. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 12-2020, amend filed 07/06/2020, effective 07/06/2020 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-300-0030 Recommendation for Parole Revocation (1) An adjudicated youth's JPPO may initiate parole revocation by preparing a written report that recommends that the adjudicated youth's parole be revoked. (a) The JPPO must submit the written report and recommendation to the JPPO’s field supervisor. (b) The JPPO’s written report must include all parole violation allegations, verifiable facts, and, to the best of the JPPO’s knowledge, an accurate account of the adjudicated youth's behavior while on parole. (c) The field supervisor will review the written report with the JPPO and include any alternative actions that may be taken instead of a parole revocation. (2) If the field supervisor agrees with the JPPO’s recommendations, the adjudicated youth may be taken into custody and detained according to OAR 416-300-0040 and OAR 416-320-0020. (3) If the adjudicated youth is detained for parole revocation, a preliminary parole revocation hearing must be conducted pursuant to OAR 416-300-0050. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-300-0040 Arrest and Detention of Parolee (1) When a paroled adjudicated youth is absent from a community placement without authorization, has failed to abide by parole conditions, or has failed to respond successfully to parole, the superintendent, or designee, may issue an order for the arrest and detention of the adjudicated youth, according to ORS 420.910. The order must be based on reasonable belief that grounds exist for issuing the order. (2) The adjudicated youth may be detained according to ORS 420.915. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.910, 420.915, 420.045, 420A.115 & 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-300-0080 Placement after Parole Revocation Parole revocation may result in an adjudicated youth’s placement in any youth correction facility. The adjudicated youth may contest the placement through the grievance process established in OAR chapter 416, division 20. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.045, 420A.115 & 420A.120 History: OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 6-2016, f. & cert. ef. 7-18-16 OYA 24-2005, f. & cert. ef. 11-8-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-315-0000 Purpose Oregon statute vests with the Oregon Youth Authority (OYA) the responsibility to approve youth care center (YCC) programs operated within county secure facilities, based on reasonable and satisfactory assurances that minimum standards are met. The purpose of these rules is to define the process detention facilities will use to request approval and designation of such programs, and the criteria the OYA will apply to review the requests. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.855 - 420.885 History: OYA 12-2005, f. & cert. ef. 6-13-05
416-315-0010 Program Review (1) YCC programs are designed to offer treatment and rehabilitation services to the population served. Such programs may be operated within juvenile detention facilities only when: (a) Youth enter the YCC program through a referral and screening process that assumes that placement of the youth in a treatment environment best meets the needs of the youth and is the least restrictive placement for the youth based on review of assessments and other supporting documentation; (b) Treatment and rehabilitation services are offered to youth separate from those offered to youth placed in detention; (c) YCC programs are reviewed and approved by the OYA prior to implementation. (2) The OYA will review each request to operate a YCC. That review will include: (a) A determination whether: (A) Physical facilities comply with applicable rules of the Department of Human Services (DHS) and the State Fire Marshal; (B) The YCC program currently employs capable, trained, and experienced personnel; (C) The YCC program includes educational, vocational, recreational, medical, and counseling opportunities that best meet the needs of the youth served; and (D) A system is in place to ensure that each youth’s county probation officer, or other applicable government agent, closely monitors the youth’s progress in the program and participates in the planning process. (b) A review of: (A) YCC program policies and procedures to ensure that care and rehabilitation services are offered separate from detention program services; and (B) The YCC treatment and rehabilitation program to ensure that it includes, at a minimum: (i) A clearly articulated program based on research and sound theory. (ii) A referral process that identifies a target population to be served (including definition of those youth not appropriate for placement) and a screening process to ensure appropriate placement of youth; (iii) A written, individualized service plan for each youth that outlines the treatment goals the youth must work toward during his/her stay and the youth’s transition needs. This plan will differ from those of other youth served; (iv) A treatment environment that integrates each youth’s service plan goals into the program’s daily routine. This environment should be unique to each youth served; (v) A physical environment that clearly distinguishes the YCC program from the detention environment; (vi) A system that involves the youth’s service worker closely monitoring the youth’s progress in the program and participating in the youth’s planning process; and (vii) A clearly defined length of stay based on the youth’s attainment of service plan goals. The youth’s length of stay in the YCC program may not be influenced by space needs within the detention facility. (C) The most recent detention facility evaluation completed by the Department of Corrections. (D) An on-site visit to review the YCC program. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.855 - 420.885 History: OYA 12-2005, f. & cert. ef. 6-13-05
416-315-0020 Approval Notification (1) All communication between a county and the OYA will be in writing. (2) Within 30 days following the completion of the compliance site review, the OYA will notify the county of its approval or denial of the YCC program. (a) If approved, the county will be able to operate the YCC program for a period of two years. (b) If denied, the OYA will issue a written denial that states: (A) The reasons the YCC program does not meet the approval criteria; (B) A list of corrective actions required for subsequent approval; and (C) A timeline for implementing the corrective actions. (3) In some cases, the OYA may issue provisional approval: (a) For a newly-designed YCC program that has not been fully implemented (e.g. staff have not been hired; youth have not been placed). (b) For an operating YCC program that does not fully meet the approval criteria but requires minimal corrective action in order to comply. (c) Provisional approvals will be issued for up to 180 days, at which time the YCC program will be re-reviewed for a regular approval. (4) Once a county receives approval to operate a YCC program, the county must notify the OYA, in writing, when it makes YCC program changes directly related to the approval criteria. The OYA will inform the county if it determines that an on-site YCC program review is necessary to review the changes. The OYA may continue its approval only if it determines that the approval criteria are still being met. (5) Sixty days prior to the expiration of an approval, the county will inform the OYA of its intent to continue YCC program operation. At that time, the OYA will determine whether an on-site YCC program review is warranted and inform the county. (6) The county must notify the OYA in writing if it decides to terminate its YCC program. (7) The OYA reserves the right to terminate its approval at any time when a YCC program no longer meets the criteria described in these rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.855 - 420.885 History: OYA 12-2005, f. & cert. ef. 6-13-05