justicedao/ipfs_state_laws huggingface dataset:
413-330-0960 Dispute Resolution: Short-Form Contracts (1) When a short-form contract is used to contract with a nontraditional contractor, the child’s case worker requests that the client sign a "Dispute Resolution Agreement." The client and the Department are parties to the "Dispute Resolution Agreement." The agreement provides a procedure to resolve disputes between the client and the nontraditional contractor. The client is encouraged to participate in good-faith in the dispute resolution process. (2) The client's signature and participation in the dispute resolution process are voluntary. (3) Dispute resolution between the client and a nontraditional contractor must be conducted in accordance with procedures established by the Department. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 Suspended by CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0970 Criminal History Records Check for SOC Contractors (1) The Department has determined that persons who engage in certain criminal conduct may not be qualified to be system-of-care contractors because their criminal conduct is fundamentally inconsistent with having any responsibility for the care, treatment, or supervision of children or other vulnerable persons. (2) SOC contractors are subject to a criminal-history-records check as described in OAR 413-330-0085 to 413-330-0105 (see Child Welfare policy “System of Care Short Form Contracts,” policy III-D.1.1.2). In the case of a non-traditional contractor, the Department will perform the check. If the SOC contractor is a business with more than one employee, the executive director, or equivalent, of the business is considered the contractor under those rules. (3) Once the contractor has been approved and the contract has been executed, and prior to services being performed, the contractor must verify that each employee and each volunteer who will have contact with children in the course of their duties has not been convicted of child abuse, an offense against persons, a sexual offense, child neglect, or any other offense bearing a substantial relation to the qualifications, functions, or duties of an employee or volunteer who will have contact with children. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0980 DHS Abuse and Neglect Information Check (1) To further protect children from abuse and neglect, the Department checks all SOC contractors against the Department’s child-abuse and neglect-assessment information. (2) The Department maintains the confidentiality of client information in accordance with its administrative rules on confidentiality, OAR 413-010-0000 to 413-010-0075. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0990 Unauthorized Services The state is not obligated to pay for services obtained before the contract has been written, approved, and signed by the contractor and a representative of the Department who has contract approval authority. A Department employee who authorizes a service that requires a contract, prior to a contract being fully executed, or obtains a service not covered by a contract, may be held personally liable for the cost of the service. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-1000 Delegation of Short-Form Contract Approval Authority (1) Authority to approve short-form contracts is hereby delegated to the Administrator for Program Performance and Reporting. (2) The Administrator for Program Performance and Reporting may delegate to a Child Welfare program manager or supervisor representing the SDA or the local office, upon written request, authority to approve SOC short-form contracts. The authority may be granted when the following conditions have been met: (a) Management staff, including the Child Welfare program manager, line manager or supervisor, office manager or equivalent, and system-of-care resource developer or equivalent have received specific training regarding SOC short-form contract policy and procedure from Program Performance and Reporting staff and staff from the Department’s Contracts and Procurement unit. (b) The Child Welfare program manager has submitted an implementation plan to the Administrator for Program Performance and Reporting or the Administrator’s delegate that describes how SOC short-form contracts will be processed at the local field office. The field office implementation plan may be submitted only after the management staff has received the SOC short-form contract training. (c) Staff from the Program Performance and Reporting program have reviewed the implementation plans to ensure compliance with these administrative rules and sound business and fiscal practices. (d) The Administrator for Program Performance and Reporting, or the Administrator’s delegate, may, with consent of the Department’s Office of Contracts and Procurement, delegate authority to approve SOC short-form contracts to a Child Welfare program manager or supervisor. The Administrator or the Administrator’s delegate may delegate short-form contract approval authority only after the field office management staff has received training and the implementation plan has been approved. Once authority has been delegated, the Child Welfare program manager or supervisor is responsible for the proper processing and use of the SOC short-form contract. Except as authorized in OAR 413-330-1010, a Child Welfare program manager or supervisor cannot further delegate approval authority or contract responsibilities. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 29-2001, f. 6-29-01 cert. ef. 7-1-01 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-1010 Responsibilities of Child Welfare Program Managers and Supervisors with Delegated Authority (1) A Child Welfare program manager or supervisor with delegated approval authority is responsible for the following duties relating to SOC short-form contracts. The responsibility for the duties may or may not be further delegated by either as follows: (a) A Child Welfare program manager or supervisor may delegate the duty: (A) To determine whether a contractor is an independent contractor. (B) To determine whether a contractor is a traditional or nontraditional SOC contractor. (C) To determine whether a contractor has the required insurance. (D) To negotiate the following contract conditions: (i) Services; (ii) Outcomes; (iii) Contract begin date; (iv) Contract end date; (v) Contract payment rate and number of services units. (E) To monitor and act as the Department’s contract administrator for the SOC short-form contract. (b) A Child Welfare program manager or supervisor cannot delegate the duty: (A) To determine whether the services being contracted for are the same as services provided by Department staff. (B) To determine whether the contractor has a criminal history record that would prevent the Department from contracting with the contractor (see OAR 413-330-0085 to 413-330-0097). (C) To determine whether there are concerns or reasons why using the contractor may not be in the best interests of the child by checking the Department’s child abuse and neglect assessment information. (D) To sign and execute the short-form contract as the authorized agency representative. Services can begin only after the contractor and an authorized Child Welfare program manager or supervisor have both signed the short-form contract. (E) To authorize payments due for the performance of contracted services. (2) A Child Welfare program manager or supervisor may be held personally liable for the cost of services provided before an SOC short-form contract has been fully executed or for services provided outside the scope of the contract. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. 8-31-00, cert. ef. 8-31-00 thru 2-26-01
413-330-1100 Purpose This administrative rule set (413-330-1100 through 413-330-1150) describes the use of short-form personal-services contracts funded by the Focused Opportunities for Children Utilizing Services (FOCUS) budget within the Department’s Treatment Services Program. This rule set also describes how approval authority for these contracts is delegated to the Department’s managers and supervisors. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1115 Services The statements of work included in the FOCUS short-form contracts are written to describe the agreed- upon services to be provided and approved in advance by the ODHS Designated Procurement Officer as part of the FOCUS Short Form contract template. The Department uses a FOCUS short-form contract with a nontraditional contractor for such services as the following: (1) Youth mentoring: Individualized services provided by contractor in an effort to increase problem solving, communication, relationship, and community skills of the child or young adult. (2) Tutoring and study skills: Individualized supports provided by an individual trained in either core or specific academic curriculum to offer educational assistance to the child or young adult outside of the child or young adult’s primary academic setting or to assist them in virtual learning. (3) Child specific caregiver supports: Individualized and dynamic services provided to a child or young adult’s current or potential caregiver in an effort to facilitate, maintain, and support the placement when that child or young adult has been identified by the Department as high risk of placement disruption or instability. (4) Skills training: Individualized planned individual or group sessions using models designed to improve specific areas of the child or young adult’s functioning. Assisting the child or young adult in developing skills necessary to be safely maintained in the community and that can eventually be maintained without the need of the skills trainer. (5) Respite care : Provide planned and crisis respite as needed to help maintain placement. The contractor must provide supports for behavioral, medical and social needs during the respite period. Must not be used for longer than 14 consecutive days. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1120 Contractor Requirements and Restrictions (1) The nontraditional contractor is a contractor chosen for their unique capacity to support the child or young adult based on the specific strengths and needs of the child or young adult as identified in the strengths-and-needs-based service planning process. (2) The nontraditional contractor focuses on working with the family in addressing the specific strengths and needs of the child or young adult. The nontraditional contractor gives special care to planning activities that can eventually be maintained without the contractor's involvement. (3) A FOCUS short-form contract is used the Department only to contract with a provider who is an independent nontraditional contractor. (4) A FOCUS short-form contractor must be at least 18 years of age. (5) A contractor for a FOCUS short-form contract is selected by direct negotiations. The Department negotiates directly with the contractor who is determined to be the best able to meet the child or young adult’s individualized needs at a reasonable price. No informal or formal contractor selection and solicitation process is required. (6) Contracted services must be provided by the contractor. The FOCUS short-form contract does not allow subcontracting. A traditional contractor may use an employee or volunteer to provide the contracted services. A nontraditional contractor must provide the services themselves and cannot use an employee or volunteer to provide the contracted services. (7) A nontraditional contractor is no longer considered nontraditional and instead considered a traditional contractor once the total dollar amount of all contracts the individual has with the Department’s Treatment Services Program, regardless of funding source or purpose, exceeds the limit set by the ODHS Designated Procurement Officer and documented in the FOCUS short form contract template. At that point, the insurance and liability coverage requirements increase. A traditional contractor is required to meet all contractual insurance requirements, including the requirement to obtain commercial general liability insurance. (8) The Department may terminate a FOCUS short-form contract upon written notice to the contractor. (9) A FOCUS short form contract must utilize a template that has been approved in advance by the ODHS Designated Procurement Officer and the Department of Justice. The printed contract cannot be altered. If the format is changed by anyone, regardless of the reason or circumstances, the contract cannot be executed and is void. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1125 Insurance Nontraditional contractor insurance requirements. (1) Automobile Insurance (a) If a nontraditional contractor is providing a service that requires transporting the child or young adult in an automobile, ODHS Child Welfare requires the nontraditional contractor to provide proof of: (A) A valid Oregon driver's license; and (B) Automobile liability coverage that has limits not less than required by ORS 806.060 or the limits required by the contract, whichever is greater. The nontraditional contractor must have automobile insurance in effect during the entire term of the FOCUS short-form contract. (b) If the nontraditional contractor does not meet the above requirements, they must provide an alternate plan for transportation. This plan, which may include options such as public transportation or ride-share usage, must be approved in advance by both the child or young adult’s caseworker and FOCUS Contract Administrator. (2) The Department of Administrative Services Risk Management may by policy provide liability insurance coverage to FOCUS Program nontraditional contractors. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1130 Dispute Resolution (1) When a short-form contract is used to contract with a nontraditional contractor, the child or young adult's caseworker requests that the child or young adult and/or their guardian sign a "Dispute Resolution Agreement." The child or young adult or guardian and the ODHS are parties to the "Dispute Resolution Agreement." The agreement provides a procedure to resolve disputes between the child or young adult or guardian and the nontraditional contractor. The child or young adult and guardian are encouraged to participate in good-faith in the dispute resolution process. (2) The child or young adult and guardian’s signatures on and participation in the dispute resolution process are voluntary. (3) Dispute resolution between the child or young adult and guardian and a nontraditional contractor must be conducted in accordance with procedures established by the Department. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1135 Fitness Determination for FOCUS Short-Form Contractors (1) FOCUS Short-Form contractors are subject to a criminal records check as described in OAR 407-007-0200 through 407-007-0370. This process is facilitated through the local Department office to which the child or young adult’s case is assigned. The contractor must be approved through this process prior to the commencement of services. (2) To further protect children and young adults from abuse, the Department’s contractors are subject to Abuse Checks to determine whether the contractor is fit to provide services. These rules are described in OAR 407-007-0400 through OAR 407-007-0420. (3) The Department maintains the confidentiality of abuse checks information in accordance with its administrative rules on confidentiality, OAR 413-010-0010 to 413-010-0075. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1140 Unauthorized Services (1) The State of Oregon is not obligated to pay for services obtained before the contract has been written, approved, and signed by the contractor and a representative of the Department who has contract approval authority. (2) Only approved FOCUS Program staff or Treatment Services Program Manager can authorize FOCUS funded Services. A Department employee who authorizes a service that requires a contract, prior to a contract being fully executed, or obtains a service not covered by a contract without approval, may be held personally liable for the cost of the service. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1145 Delegation of FOCUS Short-Form Contract Approval Authority (1) Authority to approve FOCUS short-form contracts has been delegated to the Department’s Designated Procurement Officer. (2) The Department’s Designated Procurement Officer may subdelegate the authority to execute contracts to other individuals within the Department, provided this subdelegation is in accordance with a written alterative subdelegation plan and maintained on file with the Department’s Designated Procurement Officer. (3) Each individual in the Chain of Delegation remains responsible for the exercise of authority by that individual’s subdelegatees and subdelgation does not waive this responsibility. Each delegator must determine and document that the subdelegatee is capable and accountable for the Procurement. The Designated Procurement Officer within the Department is responsible for all delegated procurement activity on the behalf of the Department as described in OAR 125-246-0170. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
413-330-1150 Responsibilities of Department Program Managers with Delegated Authority A Department Program Manager with delegated approval authority is responsible for the following duties relating to FOCUS short-form contracts. The responsibility for the duties may or may not be further delegated as follows: (1) A Department Program Manager may delegate the duty: (a) To determine whether the contractor has a criminal history record that would prevent the Department from contracting with the contractor ( see OAR 407-007-0200 through 407-007-0370). (b) To determine whether there are concerns or reasons why using the contractor may not be in the best interests of the child or young adult due to Child Welfare history. (c) To determine whether the services are necessary and whether all other funding sources have been ruled out. (d) To determine whether a contractor is an independent contractor. (e) To determine whether a contractor is a traditional or nontraditional contractor. (f) To determine whether a contractor has the required insurance. (g) To negotiate the following contract conditions: (i) Services; (ii) Expected outcomes and outcome measurement procedures; (iii) Contract begin date; (iv) Contract end date; and (v) Contract payment rate and number of services units. (h) To monitor and act as the Department's Contract Administrator for the FOCUS short-form contract. (2) A Department Program Manager may not delegate the duty: (a) To sign and execute the FOCUS short-form contract as the authorized representative of the Department. (b) To authorize payments due for the performance of contracted services. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060 History: CWP 8-2022, adopt filed 06/01/2022, effective 06/01/2022
414-002-0000 Definitions The following definitions apply to OAR 414-002-0001 unless otherwise indicated: (1) “Department” or “DELC” refers to the Department of Early Learning and Care and the operating sub-units of the Department of Early Learning and Care. (2) “Person” includes any natural person, corporation, partnership, firm, or association. (3) “Photocopy(ing)” includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record. (4) “Public record” includes any writing that contains information relating to the conduct of the public’s business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics. (5) “Requestor” refers to a person requesting inspection, copies, or other reproduction of a public record of the Department. (6) “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. It includes information stored on computer tape, microfiche, photographs, films, tape or videotape or that is maintained in a machine readable or electronic form. Statutory/Other Authority: ORS 192.311 to 192.478 Statutes/Other Implemented: ORS 192.311 to 192.478 History: DELC 133-2024, adopt filed 06/26/2024, effective 07/01/2024