justicedao/ipfs_state_laws huggingface dataset:
419-410-0080 Academic Boarding Schools: Food Services An academic boarding school must meet all of the following requirements with regard to food services: (1) Nutrition and dietary requirements. (a) An academic boarding school must arrange meals daily, consistent with normal mealtimes that occur during hours of operation. (b) Snacks must be available and provided as appropriate to the age and activity levels of children in care. (c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child in care at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the academic boarding school for at least six months. (d) Drinking water must be freely available to the children in care served by the academic boarding school. (2) Food selection, storage, and preparation. (a) All food and drink provided by the academic boarding school must be stored, prepared, and served in a sanitary manner. (b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570. (c) Selection of food. All food products served by an academic boarding school must be obtained from commercial suppliers, except: (A) Fresh fruits and vegetables and fruits or vegetables frozen by the academic boarding school may be served. (B) The serving of unpasteurized juice is prohibited. (d) Requirements related to milk. (A) Only Grade A pasteurized and fortified milk may be served to children in care. (B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture. (e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the academic boarding school. 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 413-215-0236, filed 11/28/2022, effective 12/01/2022 CWP 92-2020, 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 413-210-0580, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0090 Academic Boarding Schools: Safety An academic boarding school must meet all of the following requirements related to safety: (1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas: (a) The academic boarding school must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020). (b) The academic boarding school must comply with existing state and local fire safety codes. (2) Emergency plan. (a) The academic boarding school must have, for each boarding facility it operates, a written emergency plan that includes: (A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency. (B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency. (b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones. (c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency. (3) Evacuation drills. (a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the academic boarding school must document the following information and retain it for a minimum of two years: (A) Identity of the person conducting the drill. (B) Date and time of the drill. (C) Notification method used. (D) Staff members on duty and participating. (E) Number of children in care and staff evacuated. (F) Special conditions simulated. (G) Problems encountered. (H) Time required to accomplish complete evacuation. (b) The academic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies. 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 413-215-0241, 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 413-210-0550, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0100 Academic Boarding Schools: Health Services (1) An academic boarding school must obtain all private health record information referred to in this rule in a manner that complies with federal and state law. (2) Medical History. Within 30 days of a child in care starting in an academic boarding school, the academic boarding school must obtain available medical history and other health-related information on the child in care, including: (a) Significant findings of the most current physical examination; (b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases; (c) Any known allergies; (d) Dental, vision, hearing, and behavioral health; and (e) Physician or qualified medical professional's orders, including those related to medication, if any. (3) Medical examinations. An academic boarding school must safeguard the health of each child in care by providing for a medical examinations of each child by a qualified physical at each of the following intervals: (a) Three examinations during the first year of the child's life. (b) One examination at the age of two. (c) One examination at the age of four. (d) One examination at the age of six. (e) One examination at the age of nine. (f) One examination at the age of 14. (4) An academic boarding school must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents. Statutory/Other Authority: ORS 418.240, ORS 409.050, ORS 418.327 & ORS 418.005 Statutes/Other Implemented: ORS 418.327, ORS 418.240, ORS 418.005 & ORS 409.010 History: CWP 26-2022, renumbered from 413-215-0246, filed 11/28/2022, effective 12/01/2022 CWP 97-2020, 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
419-410-0120 Academic Boarding Schools: Minimum Staffing Requirements (1) The academic boarding school must provide adequate supervision and protection for children. The supervision must be adequate for the type of program, location of program, the time of day or night, the age and type of children in care served, physical plant design, location, and ability of the supervisor to respond, electronic backup systems, and other means available to ensure supervision and protection. (2) Additional staffing requirements for emergency response. (a) When there is only one employee of the academic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. (b) One employee who is age 18 or over, has a current certification in cardiopulmonary resuscitation and first aid, and is capable of taking appropriate action in an emergency must be on site at all times when one or more children in care are present on the premises of the academic boarding school. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.327, ORS 409.010, ORS 418.005 & ORS 418.240 History: CWP 26-2022, renumbered from 413-215-0261, filed 11/28/2022, effective 12/01/2022 CWP 99-2020, 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 413-210-0540, CWP 30-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-410-0130 Academic Boarding Schools: Separation of Children An academic boarding school must meet all of the following requirements: (1) Combining children and adults. Special care must be taken by an academic boarding school to provide adequate supervision of children in care when children in care 18 years of age or older are being served by the academic boarding school. (2) Co-ed facilities. Special care must be taken by an academic boarding school to provide adequate supervision when the program serves both males and females concurrently. Children's bedrooms for males must be separated from bedrooms for females. 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 413-215-0266, filed 11/28/2022, effective 12/01/2022 CWP 100-2020, 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
419-410-0140 Academic Boarding Schools: Consents, Disclosures, and Authorizations (1) Consents. For each child in care of an academic boarding school, the academic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the academic boarding school to undertake each of the following: (a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the academic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The academic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian. (b) To provide care to the child in care. (c) To allow access to a child in care as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240. (2) The academic boarding school will make any written policy or procedure pertaining to program services available for review by the child, parent, or legal guardian, upon request. (3) Authorizations. Authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate in potentially hazardous activities, including, but not limited to, using motorized yard equipment, swimming, and horseback riding. 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 23-2023, minor correction filed 01/25/2023, effective 01/25/2023 CWP 26-2022, renumbered from 413-215-0271, filed 11/28/2022, effective 12/01/2022 CWP 101-2020, 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
419-410-0150 Academic Boarding Schools: Information about Children in Care Files of Children in Care. For each child in care of an academic boarding school, the academic boarding school must maintain a record that includes all of the following information: (1) The name, gender, and date of birth of the child in care. (2) The date of admission to the program. (3) The name, address, and telephone number of: (a) The child in care's parents. (b) The child in care's legal guardian, if different than the parents, and a copy of the document that provides for his or her authority over the child in care. (4) Incident Reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record. (5) Any required signed consents and authorizations. 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 413-215-0276, filed 11/28/2022, effective 12/01/2022 CWP 102-2020, 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
419-420-0010 Adoption Agencies: What Law Applies These rules, OAR 419-420-0401 to 419-420-0160, regulate a child-caring agency licensed as an adoption agency. An adoption agency must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 34-2023, minor correction filed 02/02/2023, effective 02/02/2023 CWP 26-2022, renumbered from 413-215-0401, filed 11/28/2022, effective 12/01/2022 CWP 1-2020, minor correction filed 01/13/2020, effective 01/13/2020 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 413-220-0090, CWP 32-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95
419-420-0030 Adoption Agencies: Adoption Agency Staff In addition to meeting the requirements in OAR 419-400-0040(3): (1) Required staff. An adoption agency must have an executive director and a social services supervisor. If one person fills both positions, that person must meet the qualifications of both the executive director and the social services supervisor listed in subsections (2)(a) and (b) of this rule. (2) Qualifications. (a) The executive director must possess all of the following qualifications: (A) Management skills and abilities. (B) A bachelor's degree from an accredited program. (C) Two years of full-time experience in child social services. (b) The social services supervisor must possess all of the following qualifications: (A) A master's or doctorate degree from an accredited program in social work, psychology, guidance and counseling, or a similar subject area. (B) Two years of experience in family and children's services, one year of which must include providing adoption services. (C) If the agency provides intercountry adoption services, the supervisor must have experience in intercountry adoptions. (c) An incumbent executive director or social services supervisor employed by the adoption agency prior to October 17, 2008:- of an adoption agency already licensed by the Department:- who does not meet the qualifications listed is subsections (a) and (b) of this section is deemed to meet those requirements if he or she had been in the position for at least three years, had significant skills and experience with the adoption process, and has access to consultation with persons having the qualifications listed in subsections (a) and (b) of this section, as applicable. (d) Social services staff, who are non-supervisory employees providing adoption-related social services requiring the application of clinical skills and judgment, must possess: (A) A master's degree from an accredited program of social work education or another human service field; (B) A bachelor's degree from an accredited program of social work education; or (C) A combination of a bachelor's degree in another human service field and experience in family and children's services or adoption. (3) Supervision. All non-supervisory social services staff described in subsection (2)(d) of this rule must be supervised by an employee of the adoption agency who meets the requirements for social services supervisor set forth in subsection (2)(b) or (2)(c) of this rule. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 418.625 History: OTIS 33-2023, minor correction filed 02/02/2023, effective 02/02/2023 CWP 26-2022, renumbered from 413-215-0416, filed 11/28/2022, effective 12/01/2022 CWP 3-2020, minor correction filed 01/13/2020, effective 01/13/2020 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 413-220-0040, CWP 32-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95
419-420-0040 Adoption Agencies: Staff Training Requirements An adoption agency must meet all of the following requirements related to its staff: (1) The adoption agency must have a comprehensive plan for providing basic training to newly hired social services employees on the issues that arise with adoptive placement. (2) The adoption agency must ensure that all social services staff and contracted social services providers obtain a minimum of 10 hours of training annually on issues related to adoption. (3) The adoption agency must ensure that all social services staff and all persons who provide adoption services complete training in all of the following areas: (a) The potential short- and long-term effects of prenatal exposure to alcohol, drugs, and poor nutrition. (b) The potential effects of separation and loss. (c) The process of developing emotional ties to an adoptive family. (d) Normal child and adolescent development. (e) The potential effects of physical abuse, sexual abuse, neglect, and institutionalization on the development of the child. (f) The potential issues of race, culture, and identity; issues of acculturation and assimilation; and, if applicable, the effects of having been adopted internationally. (g) The emotional adjustment of adopted children and their families. (h) Open adoption. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: CWP 26-2022, renumbered from 413-215-0421, filed 11/28/2022, effective 12/01/2022 CWP 4-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08
419-420-0050 Policies and Procedures for Adoption Agencies An adoption agency must have and follow written policies and procedures for the adoption services it provides including, at a minimum all of the following: (1) Policies and procedures prescribing safeguards relating to the needs, rights, and responsibilities of the following: (a) A birth parent who is considering the release of a child for adoption; (b) A child who becomes available for adoption; and (c) A family who adopts a child. (2) Policies and procedures designed to ensure compliance by the adoption agency all applicable federal and state laws, including, but not limited to: (a) A written policy for compliance with the ICWA and OAR chapter 413, division 115, if applicable. (b) The Interstate Compact for Placement of Children (ICPC) (see ORS 417.200); (c) Section 1808 of the Small Business Job Protection Act of 1996, Pub. L. No. 104-188, 110 Stat. 1903 (1996), amending 42 U.S.C. § 671; (d) The Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056 (1994); (e) The Intercountry Adoption Act of 2000, Pub. L. No. 106-279, 114 Stat. 825 (2000), 42 U.S.C. § § 14901 to 14954. (f) ORS chapter 109. (3) Policies and procedures designed to ensure that the decision to place a child in a specific home or to disrupt a placement is not made autonomously by a social services worker. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: CWP 26-2022, renumbered from 413-215-0426, filed 11/28/2022, effective 12/01/2022 CWP 5-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08
419-420-0070 Adoption Agencies: Services Prohibited An adoption agency may not guarantee or represent to prospective adoptive parents that a particular child will be placed in their home for payment of a fee. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.310 & ORS 109.342 History: CWP 26-2022, renumbered from 413-215-0436, filed 11/28/2022, effective 12/01/2022 CWP 7-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08
419-420-0090 Adoption Agencies: Adoptive Family Recruitment and Screening An adoption agency must have a recruitment and screening process that meets all of the following standards: (1) The adoption agency must have an ongoing recruitment program to ensure an adequate number of suitable adoptive families are identified for the types of children identified in the program statement of the adoption agency. (2) Orientation. The adoption agency must provide orientation for the adoptive family before the adoption agency approves the home study. The orientation must include the following information: (a) The adoption program, policies, and procedures of the adoption agency. (b) The needs and characteristics of children available for adoption. (c) Attachment, separation, and loss issues for children and families. (d) The importance of cultural and ethnic identity to the child and ways to foster these identities. (e) The effects of adoption on the child and family. (f) The adoption process. (g) Rights and responsibilities of the adoptive family and adoption agency. (h) Information on the potential risks and challenges inherent in adoption. (i) Pre-placement, placement, and post-legal adoption services and resources available to the adoptive family. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: CWP 26-2022, renumbered from 413-215-0446, filed 11/28/2022, effective 12/01/2022 CWP 9-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08
419-420-0120 Adoption Agencies: Evaluation and Selection of Adoptive Family An adoption agency must meet all of the following requirements regarding the placement of a child: (1) Pre-placement evaluation. A social services worker must review the record, evaluate, and document all of the following factors before making a placement with an adoptive family: (a) Physical, emotional, social, behavioral, educational, and other individual needs of the child. (b) The child's need for continued contact with siblings, relatives, foster parents, and other persons significant to the child. (c) The ability and willingness of the prospective adoptive parents to accept the general and specific risks and challenges inherent in the placement being considered. (2) Placement requirements. For the placement of a child, the adoption agency must select an adoptive family who is approved by an adoption agency, consistent with the needs of the child and the recommendations in the pre-placement evaluation. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: CWP 26-2022, renumbered from 413-215-0461, filed 11/28/2022, effective 12/01/2022 CWP 12-2020, minor correction filed 01/13/2020, effective 01/13/2020 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 32-2008, f. & cert. ef. 10-17-08