justicedao/ipfs_state_laws huggingface dataset:
419-460-0070 Outdoor Youth Programs: Safety (1) Written policies and procedures. An outdoor youth program must have and follow written policies and procedures on all of the following: (a) Equipment Safety Procedures, including appropriate instruction and maintenance of equipment. (b) Environmental Hazards. (c) Risk Management Procedures. (d) Health, nutrition, hydration, and physical stress management. (2) Emergency plan. An outdoor youth program must have and follow a written emergency plan for disasters, medical emergencies, hostage situations, casualties and missing children in care, and other critical incidents identified by the program. The plan must at a minimum include: (a) Designation of authority and staff assignments; (b) Plans for evacuation; (c) An emergency evacuation system that is on standby; (d) Transportation and relocation of children in care when necessary; (e) Supervision of children in care after an evacuation or a relocation; (f) Arrangements for medical care and notification of a child in care's physician and nearest relative, parents, or legal guardian; and (g) A procedure for a review of the emergency plan by the local law enforcement and emergency services agencies from the area in which the outdoor youth program is operating. (3) Emergency instruction. An outdoor youth program must instruct children in care on what to do in case of an emergency prior to any outdoor youth program activity. (4) Emergency plan response review. In the case of the activation of an emergency plan response, the outdoor youth program must subsequently review the response in the context of the emergency plan to determine if changes need to be made to improve safety and efficiency. If local law enforcement and emergency services agencies have been involved in an emergency response on behalf of an outdoor youth program, the outdoor youth program must invite them to participate in the review of the emergency plan response. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0936, filed 11/28/2022, effective 12/01/2022 CWP 71-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0852, 413-210-0855, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0080 Outdoor Youth Programs: Potential Weapons (1) Written policy. An outdoor youth program must have and follow written policy and procedures on management of weapons and potential weapons. (2) Inventory required. Staff of an outdoor youth program must inventory knives, hatchets, other edged tools, or any item which might reasonably pose a danger to self or others and complete a daily count of these items against the inventory. (3) Supervision required. Staff of an outdoor youth program must have line of sight supervision of a child in care who is in possession of and using knives, hatchets, other edged tools, or any item which might pose a danger to self or others. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 OL 2016 Statutes/Other Implemented: ORS 418.990 - 418.998 OL 2016, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0941, filed 11/28/2022, effective 12/01/2022 CWP 72-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0870, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0090 Outdoor Youth Programs: Contraband (1) Written policy. An outdoor youth program must have and follow written policy and procedures on contraband. (2) Confiscation. Staff must confiscate contraband found in the possession of children in care in an outdoor youth program and, if stored, secure it in a location inaccessible to children in care. (3) Disposal. It is the responsibility of the outdoor youth program to store or dispose of all contraband not confiscated by or turned over to law enforcement, in accordance with the contraband policy. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0946, filed 11/28/2022, effective 12/01/2022 CWP 73-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-1 CWP 28-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0880 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0100 Outdoor Youth Programs: Transportation In addition to the requirements in OAR 419-400-0200(1), an outdoor youth program must have and adhere to a written policy on transportation that includes all of the following: (1) The method of transportation that will be used. (2) The circumstances when transportation is provided. (3) How the safety and integrity of the child in care shall be maintained while being transported. (4) That vehicles used to transport a child in care must be equipped with a red triangle reflector device for use in emergency. (5) That all reasonable steps will be taken to assure the safety of children in care and adults traveling in off-road vehicles. (6) Children in care must be accompanied by at least one person who has been trained in nonviolent crisis intervention and de-escalation, physical restraints (if applicable), and First Aid/CPR. (7) Children in care may not be blindfolded or otherwise have their vision obstructed and may not be handcuffed or shackled while being transported by the program or a subcontractor of the program. (a) If a program recommends to parents or legal guardians a transport company to bring the child in care to the program, this information shall be noted by the program in the child in care's record. (b) The program shall inquire of each child in care brought to the program by a transport company whether he or she was blindfolded or shackled during transport to the program and not this in the child in care's record. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: OTIS 57-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0956, 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 413-210-0846, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0130 Outdoor Youth Programs: Staff Health Requirements An outdoor youth program must comply with all of the following requirements: (1) Staff health requirements. The outdoor youth program staff members having responsibility for children in care must be free of infectious diseases and must be capable of competently fulfilling all responsibilities reasonably associated with their employment. (2) Health history questionnaire. As part of orientation, and annually thereafter, staff must complete a health history questionnaire similar to that completed by the children in care entering the program. It must include injuries or ailments that might affect the ability to function well in the field, or put other field staff or children in care at risk of injury or infection. (3) Health history questionnaire content. The health history questionnaire must include, but not be limited to, the following content areas: (a) Standard physical health questions, including history of infectious diseases; (b) History of physical injuries; and (c) History of drug or alcohol abuse or dependence that required residential or outpatient treatment, or that might currently interfere with employment responsibilities. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0971, filed 11/28/2022, effective 12/01/2022 CWP 76-2020, minor correction filed 01/15/2020, effective 01/15/2020 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 413-210-0824, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0140 Outdoor Youth Programs: Physical Activity Limits and Requirements An outdoor youth program must comply with all of the following requirements: (1) Physical capability. Physical activity may not exceed the physical capability of a child in care. Field staff must monitor the physical capability and condition of each child in care to ensure that the outdoor youth program activity does not exceed the child in care's capability. (a) The program may not assign extremely strenuous exercise at any time. (b) A child in care when hiking may not carry a backpack and other equipment which exceeds their physical abilities. (c) Staff shall assist children in care in ensuring that backpacks are packed in a manner that allows them to be comfortably worn. (d) Children in care shall have breaks prior to becoming weary to avoid risk of injury. Breaks shall be frequent and long enough to recover and return to the outdoor youth program activity. (e) All children in care in a group shall hike at the speed at which the slowest child in care is capable. (2) Environmental conditions. Staff of the outdoor youth program must consider environmental conditions including, but not limited to temperature, humidity, and precipitation, when planning an outdoor youth program activity so as to minimize the risk of harm (such as heatstroke, frostbite, and hypothermia) to participants. (3) Acclimation to environment. Staff must closely monitor children in care for acclimation to the elevation and temperature of the environment for the first 72 hours of each child in care's stay in the program to ensure safe assessment of fitness. (a) Staff must monitor and document each child in care's physical assessment at least three times per day, and more often if the child in care is exhibiting signs of exhaustion or fatigue. The physical assessment must meet the same criteria as described in OAR 419-460-0110(10). (b) Staff shall assess each child in care's level of overall fitness, and readiness mentally and physically to engage in more demanding exercise during this time period. (4) Log. There must be a common daily log, which is signed and dated by the participating senior staff daily. The log must: (a) Contain information on health problems, accidents, injuries, illnesses, medications used, behavioral problems, and unusual occurrences; and (b) Include notation of environmental factors such as weather, temperature, and terrain. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: OTIS 59-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-0976, filed 11/28/2022, effective 12/01/2022 CWP 77-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0858, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0170 Outdoor Youth Programs: Age Grouping An outdoor youth program must comply with all of the following requirements: (1) Minimum Age. A child in care in the outdoor youth program must be at least 10 years of age. (2) Grouping. The outdoor youth program must have policy and documentation regarding age grouping. An outdoor youth program may place children in care in groups only after taking into consideration these factors: the age, developmental level, physical maturity, social maturity, behavioral functioning, cognitive level, diagnosis (if any), and individual needs of each child in care. (3) Placement of youth age 10 years through 12 years. An outdoor youth program may place children in care 10 years of age through 12 years of age only in a program component designed for this age group, unless the outdoor youth program has been granted an exception by the Department licensing coordinator. (4) Placement with adults. If the outdoor youth program serves children in care age 18 years of age or older, it may place children in care under the age of 18 in the same group with children in care age 18 and older only after taking special care to assess and minimize the risk to children in care under the age of 18. (5) Placement decisions. An outdoor youth program must make placements of children in care in groups to maximize each child in care's functioning and minimize the possibility of exploitation. In making the placement decision in section (4) of this rule or in deciding to request an exception to place a child in care age 10 years of age through 12 years of age in an older group, an assigned staff member with documented experience placing children in care in groups and who is familiar with the outdoor youth program must: (a) Base the placement on the factors listed in section (2) of this rule; (b) Document the basis for the decision and the appropriateness of the placement in the child in care's service plan; and (c) Review the therapeutic appropriateness of the decision every week after the placement, document whether the decision remains appropriate, and make any changes indicated. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0991, filed 11/28/2022, effective 12/01/2022 CWP 80-2020, minor correction filed 01/15/2020, effective 01/15/2020 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 413-210-0818, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0180 Outdoor Youth Programs: Referral and Initial Evaluation of Youth (1) Affirmative duty to gather sufficient information. An outdoor youth program has an affirmative duty to make reasonable efforts to gather sufficient information to determine the appropriateness of the child in care for the outdoor youth program. (2) Referral. An outdoor youth program must have a policy that addresses the process by which children in care are referred to the outdoor youth program. The policy must include all of the following: (a) From whom referrals are accepted and whether the program has any type of relationship with the source of referral, including payment for any services provided by the source of the referral to the program. (b) On what basis children in care are accepted by the outdoor youth program. (c) How information necessary to provide for the safety and care of children in care will be provided to the appropriate care staff. (3) Exclusionary policy. (a) An outdoor youth program must have a written policy that describes any exclusionary criteria for the program. (b) The outdoor youth program must exclude or have a written policy and must document in the child in care's service plan describing how the program will provide safe and effective treatment specific to each of the following: (A) Children in care with current risk of fire setting behaviors. (B) Children in care with active psychosis. (C) Children in care with current risk of suicide. (D) Children in care with current risk of harm to self or others. (E) Children in care with any significant mental health diagnosis. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-0992, filed 11/28/2022, effective 12/01/2022 CWP 81-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13
419-460-0200 Outdoor Youth Programs: Critical Incident Program (1) Quality improvement program. An outdoor youth program must have a written quality improvement program which identifies and defines critical incidents, includes a response to each type of critical incident, and includes procedures for the review of critical incidents. (2) Critical incident training. An outdoor youth program must train staff in critical incident prevention, identification, and response. (3) Documentation of critical incidents. The outdoor youth program staff must document each critical incident as follows: (a) Record each incident in the common daily log and complete an incident report immediately following the incident; (b) Categorize each incident as to type and seriousness; (c) Record the results of staff debriefing of each critical incident; and (d) Management must document review of each critical incident report within 24 hours of receipt. (4) Review of critical incidents. An outdoor youth program must have procedures for review of critical incidents which include management and board review of critical incidents and a process for deciding if revisions to program policy and procedures, operations, or training are warranted for quality improvement. (5) Documentation of critical incident review. An outdoor youth program must document in writing the process and results of its review of critical incidents and resulting program quality improvements if any and must provide this information to staff. (6) Near miss. An outdoor youth program must review any near miss and determine whether to respond to it as if it were a critical incident in accordance with this rule. For purposes of this rule, "near miss" means: (a) A close call; (b) A potentially dangerous situation where safety was compromised, but that did not result in injury; or (c) An unplanned and unforeseen event after which those involved express relief that the incident ended without harm. Statutory/Other Authority: ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-1001, filed 11/28/2022, effective 12/01/2022 CWP 83-2020, minor correction filed 01/15/2020, effective 01/15/2020 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 413-210-0860, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0210 Outdoor Youth Programs: Field Activities An outdoor youth program must comply with all of the following requirements: (1) Written description. There must be a written description of each field outdoor youth program activity and a schedule, including a detailed itinerary. (2) Staff briefing. The executive director, field director, or designee must brief staff entering the field. The briefing at a minimum must include: (a) The planned route, terrain, time schedule, weather forecast, and any potential hazards; (b) Any procedures unique to that field experience; and (c) The background of the child in care and any potential problems. (3) Itinerary. Field staff must carry map routes, anticipated schedules, and times when a group is in the field. (4) Supervision. The field director or designee must conduct and document supervisory evaluation of each child in care and staff in a field group at least every seven days, either in person or through Department approved procedures. If the planned itinerary is longer in duration than three weeks, the field director or designee must make onsite visits at minimum increments of three weeks. (5) Staff debriefing. The field director or designee must debrief staff after they return from the field. (a) An outdoor youth program must document the debriefing of staff (whether individual or group) received by each staff member in his or her personnel file. (b) For each debriefing session, the documentation must include the name and qualifications of the person providing the debriefing, the date of the debriefing, any performance issues, and the length of time of the session. (6) Child in care debriefing. The field director or designee must debrief a child in care after returning from the field. The debriefing must at a minimum: (a) Include a written summary of the child in care's participation and progress achieved; (b) Be provided in written form to the child in care's parents or guardian; and (c) Legal guardians and child in care must be given the opportunity and encouraged to submit a written evaluation of the outdoor youth experience, to be maintained by the outdoor youth program. (7) Documentation. An outdoor youth program must document results of the evaluation of the conditions of the child in care, interactions of child in care and staff, briefings, debriefings, and compliance with program policies and procedures, and include them in the child in care's record and discharge summary. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-1006, filed 11/28/2022, effective 12/01/2022 CWP 84-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0833, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0220 Outdoor Youth Programs: Communication (1) For purposes of this rule, a "Global Positioning System receiver" means a receiver which receives signals from a network of 24 satellites known as the Global Positioning System (GPS) and identifies the receiver's location: latitude, longitude, and altitude to within a few hundred feet. (2) Communication and support system. An outdoor youth program must maintain a communication system that includes the use of Global Positioning System receivers, two way radio communication, and cell phone communication; or follows the applicable land managing agency requirement and includes: (a) Reliable communication between each group and the base of operations; and (b) A back up plan for re-establishing communication to be implemented in the event regular communication fails. (3) Communication requirements. An outdoor youth program must have a reasonable communication plan which is sufficient to provide routine and emergency care and takes into consideration individual child in care needs and terrain considerations. (a) There must be oral communication between each field group and the base of operations on a regularly scheduled basis according to program procedures, unless special documented arrangements have been made; (b) In no case may the absence of oral communication between a field group of children in care and the base of operations exceed 72 hours, unless the Department has approved an exception for alternate program procedures for communication; and (c) In no case may a field group of children in care be more than one hour away from the ability to make contact with emergency services. (4) Emergencies. The base of operations support personnel for an outdoor youth program must have immediate access to emergency telephone numbers, contact personnel, and procedures for an emergency evacuation or critical incident requiring emergency medical support. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-1011, filed 11/28/2022, effective 12/01/2022 CWP 85-2020, minor correction filed 01/15/2020, effective 01/15/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 7-2013, f. & cert. ef. 10-1-13 Renumbered from 413-210-0836, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02