justicedao/ipfs_state_laws huggingface dataset:
416-530-0130 Certification Standards for Private Child-caring Agencies: General Provisions for Proctor Parents (1) The Private Child-caring Agency must ensure that its proctor parents meet the standards set out in these rules and OAR chapter 416, division 800. (2) The Private Child-caring Agency must provide structured supervision 24 hours per day, seven days a week, to adjudicated youth placed in adjudicated youth proctor homes. The Private Child-caring Agency must provide specific proctor parent support services that enhance a proctor parent’s ability to successfully meet the supervision needs of adjudicated youth placed by OYA. (3) Under no circumstances may OYA adjudicated youth reside with youth served under the Private Child-caring Agency's other programs, including private pay placements and placements of youth from out-of-state, except for adjudicated youth placed through Interstate Compact with courtesy supervision provided by OYA. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04
416-530-0140 Certification Standards for Private Child-caring Agencies: Adjudicated Youth Proctor Home Requirements (1) The Private Child-caring Agency must ensure that its adjudicated youth proctor homes meet the standards of OAR chapter 416, divisions 335, 500, 530 and 800. (2) The Private Child-caring Agency must develop and maintain written agreements with proctor parents. These agreements must be approved by OYA prior to placement of OYA adjudicated youth in the adjudicated youth proctor home and must address the following supervision responsibilities and reporting requirements. (a) Supervision responsibilities. (A) Proctor parents may, with the Private Child-caring Agency's prior written consent, schedule 48 hours per month of time away from adjudicated youth care responsibility. (B) At least one certified proctor parent or certified respite provider must be on premises at all times that youth adjudicated are present in the home. (b) Reporting requirements. (A) Proctor parents must maintain daily required documentation and submit reports to Private Child-caring Agency as required on each adjudicated youth in placement. (B) Proctor parents with whom adjudicated youth are placed must contact Private Child-caring Agency staff immediately in the case of emergencies. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04
416-530-0150 Certification Standards for Private Child-caring Agencies: Combination of Care (1) Except as provided in section (2) below, the Private Child-caring Agency or its adjudicated youth proctor homes must not care for individuals on a commercial basis, or accept any person for placement from any source other than OYA. (2) If such combination of care is approved in writing by OYA, the provisions of interagency agreements must be met in addition to the applicable statutes, administrative rules, and policies of all agencies involved. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04
416-530-0160 Certification Standards for Private Child-caring Agencies: Enforcement In order for OYA to monitor for continued compliance with these standards, the Private Child-caring Agency must ensure that OYA has the right of entry, privilege of inspection, and access to staff and all records of the Private Child-caring Agency and the adjudicated youth proctor home. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04
416-530-0170 Certification Standards for Private Child-caring Agencies: Exceptions (1) Any exceptions to OAR 416-530-0100 through 416-530-0170 must be reviewed and approved or denied by the OYA Community Services assistant director. (2) A Certifier must submit a written exception request, state the need for the exception, sign the request, and submit it to Foster Care Program manager for approval. If approved, the exception must be submitted for final approval by the OYA Community Services assistant director. (3) Each request for an exception must be accompanied by a written plan showing how the safety of the adjudicated youth in placement will be ensured while the exception is in effect. (4) The OYA Community Services assistant director must evaluate each request for an exception on its own merits to determine whether the exception is supported by a written plan adequate to ensure the safety of adjudicated youth in placement. Granting an exception does not set a precedent that must be followed by the OYA Community Services assistant director when evaluating subsequent requests for exceptions. (5) In evaluating a request for an exception, the OYA Community Services assistant director must consider, among other factors, the ratio of adults to adjudicated youth; the level of supervision available; the skill level of the foster parent; and the needs of other children in the home. (6) Exceptions to rules relating to significant safety risks are prohibited. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420.888 - 420.892 History: OYA 1-2024, amend filed 03/22/2024, effective 03/22/2024 OYA 1-2014, f. & cert. ef. 1-15-14 OYA 2-2007, f. & cert. ef. 7-13-07 OYA 15-2004, f. & cert. ef 11-12-04
416-550-0000 Purpose Treatment foster care is a program for adjudicated youth and their families whose out-of-home treatment needs can be met through services delivered by treatment foster parents, or professional staff trained, supervised and supported by an agency. These rules set standards for the operation of a treatment foster care program. All agencies under contract with OYA to provide this service, or proposing to provide this service, must adhere to these rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892 History: OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2005, f. & cert. ef. 3-25-05 OYA 1-2000, f. & cert. ef. 4-4-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-550-0020 Overview Adjudicated youth appropriate for treatment foster care have serious emotional or behavioral disorders. The level of supervisory treatment and family intervention needs of these adjudicated youth is comparable to those served in residential treatment facilities. Treatment foster care consists of: (1) A treatment foster care agency/foster care treatment program with staff who give support to the treatment foster parent and the adjudicated youth/family; and (2) Treatment foster parents who implement treatment strategies identified in the treatment plan in addition to carrying out their regular foster care responsibilities. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892 History: OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2005, f. & cert. ef. 3-25-05 OYA 1-2000, f. & cert. ef. 4-4-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-550-0070 Program Statement All treatment foster care programs will have a written program statement which describes its mission, organizational structure, services, policies, record-keeping and evaluation procedures. The program statement will describe: (1) The treatment foster care program's treatment philosophy and the specific treatment modality(s) it employs. (2) The services the treatment foster care program provides. (3) The adjudicated youth it is designed to serve with regard to age, gender, geographic service area and types of special needs the program is prepared to address. Adjudicated youth served must exhibit an identifiable special need. (4) A staffing pattern which allows for the intensity of service required in treatment foster care and designates the individual responsible for program administration. (5) How the services to be provided will reflect the cultural diversity of the community and be responsive to the needs of the community. (6) A policy assuring that the treatment foster care program staff and treatment foster parents adhere to practices that respect and promote positive cultural or ethnic identity. (7) A policy on discipline and physical. (8) The plan for crisis intervention procedures. (9) The protocol for investigating, responding to and reporting allegations of misconduct and/or abuse by treatment foster parents, treatment foster care program/agency staff, or an adjudicated youth. (10) The policy advising adjudicated youth and parents of their rights and the grievance procedures available to them. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892 History: OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-550-0080 Program Evaluation (1) Documentation of Service Delivery. A treatment foster care program must clearly document delivery of all services described in its program statement as well as compliance with all minimum operating standards described above. (2) Individual Treatment. Treatment foster care programs must document the implementation of all treatment plans and track progress on all long- and short-term treatment goals throughout each adjudicated youth's tenure in care. (3) Performance Evaluations. Treatment foster care programs will provide to treatment foster parents and professional staff written performance evaluations at least annually which include descriptive assessments of their performance of specific job responsibilities and goals for improved performance. (4) Program Evaluation. Treatment foster care programs will have a program evaluation plan which describes information to be collected, summarized and analyzed at least annually. The plan will identify who will have access to the evaluation and how it will be used. The evaluation will include demographics on current adjudicated youth and their families, treatment families and professional staff; aggregated information describing in-program events such as placement disruptions; and a summary of information collected through follow-up tracking of adjudicated youth discharged from the program. The plan also will provide for periodic evaluations of program services by treatment foster parents, adjudicated youth and their families. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.810, 420.815, 420.821, 420.825, 420.835, 420.840, 420.888, 420.890 & 420.892 History: OYA 11-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 7-2005, f. & cert. ef. 3-25-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-800-0000 Purpose (1) The Oregon Youth Authority (OYA) seeks to ensure the security and safety of the adjudicated youth and others in its care and custody. OYA values excellence in public service, partnerships with local communities and other agencies, openness and accountability and provision of service in a fair, respectful, and humane manner. As a state agency, OYA employees serve as public officials. As public officials, OYA employees must adhere to ethics and boundaries described in statute and agency policy. OYA expects its Volunteers, contractors, and Foster Care Providers to also maintain these ethics and boundaries. (2) These rules control how OYA accesses Criminal Offender Information about a Subject Individual through Criminal Records Checks and its use of that information to determine whether the Subject Individual is fit to provide services to OYA as an employee, Volunteer, Foster Care Provider, contractor, or vendor. The fact that OYA approves a Subject Individual as fit does not guarantee the individual a position as an OYA employee, Volunteer, Foster Care Provider, contractor, or vendor. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10 OYA 11-2005, f. & cert. ef. 4-20-05 OYA 8-2003, f. & cert. ef. 9-23-03 OYA 8-2002, f. & cert. ef. 1-18-02 OYA 5-1997, f. & cert. ef. 10-13-97 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-800-0020 Subject Individuals “Subject Individual” means a person who is required to complete a Criminal Records Check pursuant to these rules and from whom OYA may require fingerprints for the purpose of conducting a Criminal Records Check because the person: (1) Is employed or applying for employment with OYA; or (2) Provides services or seeks to provide services to OYA as a contractor, vendor, or Volunteer; or (3) Operates or is an applicant to operate an adjudicated youth foster home, or who is an adult Member of the Household in the foster home. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10 OYA 8-2003, f. & cert. ef. 9-23-03 OYA 8-2002, f. & cert. ef. 1-18-02 OYA 5-1997, f. & cert. ef. 10-13-97 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-800-0031 Criminal Records Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a Criminal Records Check, Subject Individuals must complete and sign a consent for criminal record check form and, if requested by OYA, a fingerprint card or scan form. The consent form may require the following information: name, date of birth, Social Security Number, physical characteristics, driver’s license or identification numbers, current address, prior residences, and any other information deemed necessary by OYA. The consent form may also require details concerning any circumstance listed in OAR 416-800-0041(3)(a)–(e). (b) A Subject Individual must complete and submit to OYA the consent form and, if requested, a fingerprint card or scan form within three business days of receiving the forms. (c) If the Oregon State Police or the FBI returns a Subject Individual’s fingerprint card or scan to OYA as “unreadable,” OYA may require the Subject Individual to submit a new fingerprint card or scan within a reasonable period of time, as established by OYA. (d) Within a reasonable period of time, as established by OYA, a Subject Individual will disclose additional information as requested by OYA in order to resolve any issue(s) hindering the completion of a criminal record check. (2) When a Criminal Records Check is Conducted. OYA may conduct, or request that the Oregon State Police conduct, a Criminal Records Check when: (a) An individual meets the definition of a Subject Individual; or (b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with OYA. (3) Which Criminal Records Check Is Conducted. When OYA determines under section (2) of this rule that a criminal record check is needed, OYA may request or conduct a computerized records check, a fingerprint-based records check, or both. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0041 Preliminary Fitness Determination (1) OYA may conduct a preliminary Fitness Determination if it is interested in hiring or appointing a Subject Individual on a preliminary basis, pending a final Fitness Determination. (2) If OYA elects to make a preliminary Fitness Determination about a Subject Individual, pending a final Fitness Determination, OYA will make a preliminary Fitness Determination about a Subject Individual based on information disclosed by the Subject Individual and a computerized Criminal Records Check. (3) OYA may approve a Subject Individual as fit on a preliminary basis if OYA has no reason to believe that the Subject Individual has made a False Statement and the information available to OYA does not disclose that the Subject Individual: (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 416-800-0055. (b) Is being investigated for, has been arrested for, has an outstanding warrant for, or has been charged with a crime listed under OAR 416-800-0055. (c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed in OAR 416-800-0055. (d) Has a deferred sentence or conditional discharge in connection with a crime listed in OAR 416-800-0055. (e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 416-800-0055 if committed by an adult. (4) A Subject Individual may not appeal a preliminary Fitness Determination under the process described in OAR 416-800-0080. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0045 Hiring or Appointing on a Preliminary Basis (1) OYA may hire or appoint a Subject Individual on a preliminary basis if OYA has Approved the Subject Individual on the basis of a preliminary Fitness Determination under OAR 416-800-0041. (2) A Subject Individual hired or appointed on a preliminary basis may be provided provisional access to adjudicated youth and others in OYA custody and OYA facilities, training, orientation and work activities, pending the results of a final Fitness Determination described in these rules. (3) A Subject Individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated, prior to the completion of a final Fitness Determination under OAR 416-800-0050 may not appeal the termination under the process provided under OAR 416-800-0070. (4) If a Subject Individual hired or appointed on a preliminary basis is Denied upon completion of a final Fitness Determination, as provided 416-800-0050, then OYA must immediately terminate the Subject Individual’s employment or appointment. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 12-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0055 Types of Crimes Relevant to a Fitness Determination (1) Crimes Relevant to a Fitness Determination. (a) All felonies; (b) All misdemeanors; (c) Any United States Military crime or international crime; (d) Any civil restraining order entered for spousal abuse, domestic violence, harassment, or stalking. (2) Evaluation of Crimes. OYA must evaluate a crime on the basis of the laws of the jurisdiction in which the crime or offense occurred. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0065 Incomplete Fitness Determination (1) OYA will close a preliminary or final Fitness Determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “Subject Individual” under OAR 416-800-0020; (b) The Subject Individual does not provide materials or information under OAR 416-800-0030(1) within the timeframes established under that rule; (c) OYA cannot locate or contact the Subject Individual; (d) The Subject Individual fails or refuses to cooperate with OYA’s attempts to acquire other relevant information under OAR 416-800-0050(2); (e) OYA determines that the Subject Individual is not eligible or not qualified for the position of employee, Foster Care Provider, contractor, Volunteer, or vendor for a reason unrelated to the Fitness Determination process; or (f) The position is no longer open. (2) A Subject Individual does not have a right to a contested case hearing under OAR 416-800-0080 to challenge the closing of an incomplete Fitness Determination. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0070 Notice to Subject Individuals of Fitness Determination OYA must inform the Subject Individual who has been determined not to be fit on the basis of a Criminal Records Check, via certified mail to the most current address provided by the Subject Individual, of such disqualification. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10 OYA 8-2002, f. & cert. ef. 1-18-02 OYA 5-1997, f. & cert. ef. 10-13-97
416-800-0090 Record Keeping, Confidentiality Any information obtained in the Criminal Records Check is confidential. OYA must restrict the dissemination of information obtained in the Criminal Records Check. Only those persons, as identified by OYA, with a demonstrated and legitimate need to know the information, may have access to Criminal Records Check records information. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 181.557, 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10
416-800-0095 Fees (1) OYA may charge a fee for acquiring Criminal Offender Information for use in making a Fitness Determination. In any particular instance, the fee may not exceed the fee(s) charged OYA by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain Criminal Offender Information on the Subject Individual. (2) OYA may charge the fee to the Subject Individual on whom Criminal Offender Information is sought, or, if the Subject Individual is an employee of an OYA contractor or vendor and is undergoing a Fitness Determination in that capacity, OYA may charge the fee to the Subject Individual’s employer. Statutory/Other Authority: ORS 420A.021 Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021 History: OYA 6-2015, f. & cert. ef. 10-7-15 OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10