justicedao/ipfs_state_laws huggingface dataset:
419-400-0220 Licensing Umbrella Rules: Issuance of License (1) If the Department determines from the application and its review that the child-caring agency is or will be in compliance with applicable rules in OAR chapter 419, division 400 and that denial is not required or appropriate under OAR 419-400-0280, the Department issues a license to the child-caring agency. (2) A license is effective for a two-year period unless: (a) The license is suspended or revoked as provided in OAR 419-400-0280; (b) The license is rendered invalid when not utilized for a period of six consecutive months; or (c) The license must be renewed on an annual basis because a notice of intent to suspend or revoke was rescinded under ORS 418.240(3). (3) The license is not transferable and is not applicable to an entity other than the corporation to which the license is issued. The license is applicable only to a facility or site identified on the license. (4) The following information is included on the license: (a) The incorporated name of the licensee and its "assumed business name" if applicable. (b) The address of the administrative office of the corporation. (c) The address of each facility operated under authority of the license. (d) The maximum number to be served at any one time in each facility, if applicable. (e) The age of the persons to be served by the child-caring agency. (f) The types of services the licensee is authorized to provide. (g) The effective date and term of the license. (h) Restrictions or conditions imposed by the Department, if applicable. (i) Such other information deemed appropriate by the Department. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 13-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0086, filed 11/28/2022, effective 12/01/2022 CWP 58-2018, amend filed 07/03/2018, effective 07/03/2018 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0240 Licensing Umbrella Rules: Periodic Inspections ( 1) The Department will visit and inspect each licensee and each facility operated by the licensee as provided in this rule to determine whether the program is maintained and operated in accordance with the rules in OAR chapter 419, division 400 and all other applicable laws and rules: (a) The Department will inspect each child-caring agency at least once every two years; and (b) The Department will inspect premises where children in care reside and receive services from employees or staff who do not reside on the premises at least once per year. Inspections under this subsection will be unannounced and occur at unexpected times and at irregular intervals. ( 2) Employees of the Department may conduct inspections and may visit the licensee at unannounced, irregular intervals. (3) The Department may also make informal visits, with notice to the licensee, in order to provide technical assistance to the licensee. (4) A licensee must allow employees of the Department to enter the facilities of the child-caring agency; inspect all accounts, records of work, and physical premises; and interview all children and staff. (5) A child-caring agency must make all of the following documents available for review during a site inspection: ( a) Personnel files on each employee. (b) Criminal history, child abuse, and reference checks on volunteers. (c) Board meeting minutes. (d) A complete set of the policies and procedures of the child-caring agency. (e) Records of the children and families served by the child-caring agency. (f) Other documents or information requested by the Department. ( 6) A licensee must allow access by the State Fire Marshal or an authorized representative of the State Fire Marshal to all facilities maintained by the licensee, residents of its facilities, and records of the licensee that pertain to fire safety. (7) A licensee must allow access by an environmental health specialist, for the purpose of conducting an environmental health inspection, to the facilities maintained by the child-caring agency, the records of the child-caring agency pertaining to environmental health, and residents. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 11-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0101, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 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 413-210-0210, CWP 29-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-400-0250 Licensing Umbrella Rules: Investigation of Complaints ( 1) A child-caring agency must cooperate fully and comply with all investigations by the Department conducted pursuant to the requirements of the law. (2) The Department will immediately investigate and take appropriate action when the Department becomes aware, whether from the inspections undertaken pursuant to ORS 418.255 or otherwise, that any suspected or founded abuses, deficiencies, violations, or failures to comply with the full compliance requirements described in ORS 418.240 and these rules are occurring in a child-caring agency. (3) The Department will immediately investigate when the Department becomes aware that a child-caring agency, or an owner, operator, or employee of a child-caring agency, is the subject of an investigation by another state, federal, or law enforcement agency and take action as provided in ORS 418.240 . (4) Upon determination of a level of threat or risk to children in care, the Department will take appropriate steps to protect and ensure the health, safety, and welfare of children in care. (5) The Department will notify the child-caring agency of any corrective action the Department may initiate because of the investigation, and of the deadlines for the child-caring agency to complete any corrective action. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0106, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 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 413-210-0220, CWP 29-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-400-0260 Licensing Umbrella Rules: Corrective Actions ( 1) As a result of an inspection, or at any time, the Department may require a child-caring agency to take various actions to ensure the child-caring agency is in compliance with the rules in OAR chapter 419, division 400 and other applicable statutes and rules: (a) The Department may prescribe specific actions that must be taken by a child-caring agency to achieve full compliance; (b) The Department may impose a formal Plan of Correction; (c) The Department may establish deadlines by which the child-caring agency must correct the identified deficiencies; and (d) The Department may impose conditions on a license as provided in OAR 419-400-0280 while corrections are pending. (2) If the Department imposes a Plan of Correction that the child-caring agency does not comply with in the time allotted for correction, the Department must immediately notify the following of the failure to comply with the Plan of Correction: (a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to child welfare. (b) The governing board and executive director of the child-caring agency. (c) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care. ( 3) When a condition exists that seriously endangers or places at risk the health, safety, or welfare of a child in care, the director of the Department will issue an interim emergency order without notice, or with reasonable notice under the circumstances, requiring the child-caring agency to correct the conditions and ensure the safety of children in care of the child-caring agency. The interim emergency order remains in force until a final order, after a hearing, is entered in accordance with ORS chapter 183 . (4) The director may commence an action to enjoin operation of a child-caring agency: (a) If the child-caring agency is being operated without a license; or (b) If the child-caring agency fails to comply with a Plan of Correction imposed by the Department or an interim emergency order issued under section (3) of this rule within the time specified in the order. (5) In addition to the corrective actions in this rule and other rules in OAR chapter 419, division 400, the Department may take any other lawful actions necessary to protect and ensure the health, safety, and welfare of children in care as necessary under the circumstances. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 10-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0111, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0290 Licensing Umbrella Rules: Temporary, Inactive, and Amended Licenses (1) Temporary license. (a) The Department may issue a temporary license when the application by a child-caring agency for a license is approved, and the child-caring agency does not hold a current, valid license. A temporary license is valid for a period not to exceed six months. Use of a temporary license allows the licensee to start providing services authorized by the temporary license. To obtain a temporary license, a child-caring agency must meet all requirements of the rules in OAR chapter 419, division 400 except those that can be met only while providing services. (b) Once a child-caring agency with a temporary license begins providing services, the licensee must request an inspection by the Department for the purpose of verifying its compliance with the rules in OAR chapter 419, division 400. Upon verification, the Department will issue a license valid for two years beginning from the date of the temporary license, as described in OAR 419-400-0220. (2) Inactive license. (a) A child-caring agency is considered to have an inactive license if the child-caring agency discontinues or fails to provide a service for which the child-caring agency is licensed for a period of 180 days. (b) A child-caring agency no longer providing services for which it is licensed must immediately inform a Department licensing coordinator. (c) In order to reactivate an inactive license, a child-caring agency must request an inspection by the Department for the purpose of verifying its compliance with all applicable Department rules. The child-caring agency may not resume providing services until the Department has verified in writing that the child-caring agency is in compliance with all applicable Department rules and reinstated the child-caring agency to active status. (3) Amended license. (a) The Department may require additional documentation of a licensee if the Department is considering the amendment of a license. (b) The Department may issue an amended license to a licensee that has an inactive facility or program, but retains another facility or program with an active license. (c) The Department may issue an amended license upon written request of the licensee to accommodate changes in the factors upon which an existing license is based. (4) The term of a temporary, inactive, or amended license is not extended by any action described in this rule. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 7-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0126, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 10-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08
419-400-0300 Licensing Umbrella Rules: Exceptions ( 1) The Department may waive a requirement of a rule in OAR chapter 419, division 400 upon written request of a child-caring agency. The written request must identify the rule, give the reasons that justify the exception, describe the agency's assessment of the risk, state the length of time for which the exception is requested, and explain how the needs of children in care and families would be affected if the child-caring agency did not comply with the rule. (2) The Department may approve a request for an exception upon a determination that the failure of a child-caring agency to comply with the rule does not pose a threat to the health, safety, and welfare of children in care and families. In determining whether to grant an exception, the Department additionally must take into consideration: (a) Whether the child-caring agency has consistently been in compliance with licensing regulations and has a history or provision of services that meet the best interests of children. (b) Innovative approaches of the child-caring agency. (c) The availability of services to children in care and families similar to the services provided by the child-caring agency. (d) The impact of the rule exception sought. (e) Whether the Department may waive application of the rule under state statute or federal law. ( 3) A child-caring agency granted an exception may, as a condition of obtaining and retaining the exception, be required to provide specific information on its operation under the exception. (4) A child-caring agency may operate under an exception for a period of time set by the Department, not to exceed the term of its current license. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 6-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0131, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 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 413-210-0250, CWP 29-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0010 Academic Boarding Schools: What Law Applies These rules, OAR 419-410-0010 to 419-410-0150, regulate a child-caring agency licensed as an academic boarding school. An academic boarding school must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: OTIS 27-2023, minor correction filed 01/25/2023, effective 01/25/2023 CWP 26-2022, renumbered from 413-215-0201, filed 11/28/2022, effective 12/01/2022 CWP 90-2020, minor correction filed 01/16/2020, effective 01/16/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 30-2008, f. & cert. ef. 10-17-08
419-410-0020 Academic Boarding Schools: Educational Services The educational services of an academic boarding school must comply with all of the following requirements: (1) The academic boarding school must comply with the minimum requirements for private schools as determined by the Oregon Department of Education. (2) The academic boarding school must ensure that it has a curriculum that considers the goals of modern education and the requirements of a sound comprehensive curriculum. (3) Secondary schools must verify that they have academic standards necessary for students to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED. Statutory/Other Authority: ORS 409.050, ORS 418.327 & ORS 418.005 Statutes/Other Implemented: ORS 409.010, ORS 418.327 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0211, filed 11/28/2022, effective 12/01/2022 CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019 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 413-210-0610, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0050 Academic Boarding Schools: Furnishings and Personal Items for Children in Care An academic boarding school must meet all of the following requirements: (1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to: (a) A bed, including a frame; (b) A clean, comfortable mattress, and a pillow; and (c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care. (2) Linens. Linens in good repair must be provided or arranged for each child in care, including: (a) A waterproof mattress cover or waterproof mattress; (b) Sheets and pillowcase; (c) Blankets appropriate in number and type for the season and the individual child in care; and (d) Towels and washcloths. (3) Bedding must be changed at least weekly or when soiled and upon change of the child in care. (4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child's age, gender, and culture must be made available to each child in care, stored in a clean and sanitary manner, and must include: (a) A comb; (b) Shampoo, or other hair cleansing product; (c) A toothbrush; (d) Soap; (e) Deodorant; (f) Toothpaste; (g) Toilet paper; (h) Menstrual supplies, if appropriate; and (i) Other supplies that are appropriate to the child in care's age, gender, and cultural needs. (5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0221, filed 11/28/2022, effective 12/01/2022 CWP 95-2020, minor correction filed 01/16/2020, effective 01/16/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 30-2008, f. & cert. ef. 10-17-08
419-410-0060 Academic Boarding Schools: New Facility or Remodel An academic boarding school must meet all of the following requirements: (1) Building Plans. (a) An academic boarding school must submit to the Department for approval a set of plans and specifications for each building used for children in care operated by the academic boarding school at each of the following times: (A) Prior to construction of a new building. (B) Prior to construction of an addition to an existing building. (C) Prior to the remodeling, modification, or conversion of a building. (D) In support of an application for initial license to operate an academic boarding school under OAR 419-400-0210. (b) Plans must comply with all applicable state and local requirements for a building used as a child caring agency, including the Oregon Structural Specialty Code (see OAR 837-040-0140), the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020), Oregon Health Authority requirements for buildings (see OAR chapter 333), the Oregon Plumbing Specialty Code (see OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal for buildings (OAR chapter 837) and the local building, fire, and safety codes. (c) Plans must be drawn to scale and must specify the date upon which construction, modification, or conversion will be completed, if applicable. (2) Sanitarian approval. The water supply, sewage, and garbage disposal systems must be approved by a sanitarian registered with the Environmental Health Registration Board (see OAR 338-010-0025 to 338-010-0038). Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: OTIS 24-2023, minor correction filed 01/25/2023, effective 01/25/2023 CWP 26-2022, renumbered from 413-215-0226, filed 11/28/2022, effective 12/01/2022 CWP 96-2020, minor correction filed 01/16/2020, effective 01/16/2020 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 413-210-0570, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0070 Academic Boarding Schools: Environmental Health An academic boarding school must meet all of the following requirements: (1) The program of the academic boarding school must maintain an environment that ensures safety for program staff and children in care. (2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas: (a) Food service risk assessment. (b) Drinking water or waste water assessment. (c) Vector and pest control, including the use of pesticides and other chemical agents. (d) Hazardous material management, including handling and storage. (e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.327 Statutes/Other Implemented: ORS 418.327, ORS 409.010 & ORS 418.005 History: CWP 26-2022, renumbered from 413-215-0231, filed 11/28/2022, effective 12/01/2022 CWP 91-2020, minor correction filed 01/16/2020, effective 01/16/2020 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 413-210-0600, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95