justicedao/ipfs_state_laws huggingface dataset:
419-460-0230 Outdoor Youth Programs: Work In compliance with child labor laws, an outdoor youth program may as a constructive experience give children in care non-vocational work assignments, which are age appropriate and within the child in care's capabilities. The primary purpose of work may not be to substitute for paid labor for the benefit of the outdoor youth program, nor may it be to discipline the child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.325 & ORS 409.010 History: CWP 26-2022, renumbered from 413-215-1016, filed 11/28/2022, effective 12/01/2022 CWP 86-2020, 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 413-210-0841, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0240 Outdoor Youth Programs: Animals and Pets An outdoor youth program must comply with all of the following requirements: (1) Animals and pets must be free from disease and cared for in a safe and clean manner. (2) An outdoor youth program must take reasonable measures to assure that children in care are not exposed to danger from animals. (3) All domestic animals and pets must be vaccinated against rabies. Documentation of the vaccination against rabies must be available in the responsible employee's personnel file. Statutory/Other Authority: ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.990 - 418.998 & ORS 418.205 - 418.325 History: CWP 26-2022, renumbered from 413-215-1021, filed 11/28/2022, effective 12/01/2022 CWP 87-2020, 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 413-210-0843, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-460-0250 Outdoor Youth Programs: Solo Experiences If an outdoor youth program conducts individual or separate components for child in care (solo experiences) as part of the therapeutic process, the program must have and follow written policies and procedures. The policies and procedures at a minimum must require all of the following: (1) Individual solo plan. Each child in care participating in a solo experience must have a plan which includes goals, methods, techniques, time frames, and takes into consideration the maturity, health, and physical ability of the child in care. (a) The child in care must be instructed on the solo experience and individual plan including expectations, restrictions, communication, environment, and emergency procedures; (b) Each child in care must have and receive instruction on a back-up plan in case the primary plan does not work; and (c) A designated staff member must be responsible for coordination and implementation of the plan. (2) Environmental requirement. Staff must be familiar with the site chosen to conduct solo experiences and must pre-investigate the site to ensure the terrain is appropriate for the skill level of the child in care and that hazardous conditions are considered. Staff must make arrangements for medication, food, and water drops if needed. (3) Supervision. Plans for supervision must be in place during the solo experience, including the assignment of a staff member responsible for the supervision of the child in care, and procedures for placement, supervision, and observation of the child in care. Supervision must include communication systems, visual checks, and regular checks of the child in care's emotional and physical condition. (4) Emergency procedures. In addition to the requirements of the Emergency Plan section of these rules (OAR 419-460-0070), solo emergency plans must include, but are not limited to: instructing the child in care on the safety and emergency procedures, establishing an effective system for emergency communication available at all times, instruction of other children in care on how to respond if the emergency notification system is put into use, and a check-in system should an emergency occur. 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 60-2023, minor correction filed 06/08/2023, effective 06/08/2023 CWP 26-2022, renumbered from 413-215-1026, filed 11/28/2022, effective 12/01/2022 CWP 88-2020, 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 413-210-0849, CWP 28-2008, f. & cert. ef. 10-17-08 SOSCF 9-2002, f. & cert. ef. 5-29-02
419-470-0010 Residential Care Agencies: What Law Applies These rules, OAR 419-470-0010 to 419-470-0180, regulate a child-caring agency licensed as a residential care agency. A residential care agency must also comply with OAR 419-400-0005 to 419-400-0310. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 36-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0501, filed 11/28/2022, effective 12/01/2022 CWP 17-2020, 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 413-210-0000, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0020 Physical Plant Requirements (1) A residential care agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-470-0010 to 419-470-0170) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used by the residential care agency. (2) A residential care agency must meet all of the following requirements: (a) All buildings where children in care are present must be smoke-free. (b) All buildings owned, maintained, or operated by the residential care agency to provide services to children in care must meet all applicable state and local building, electrical, plumbing, and zoning codes. (c) All areas of buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair. (d) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise. (e) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used. (f) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility. (g) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority. (h) Heat and ventilation. (A) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors. (B) Room temperature must be maintained within a normal comfort range. (i) Water temperature and access to water: (A) A continuous supply of hot and cold water, installed and maintained in compliance with this rule and OAR 419-470-0030, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care. (B) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care. (C) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the residential care agency. Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.310 History: OTIS 37-2023, minor correction filed 06/06/2023, effective 06/06/2023 CWP 26-2022, renumbered from 413-215-0511, filed 11/28/2022, effective 12/01/2022 CWP 18-2020, 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 33-2008, f. & cert. ef. 10-17-08
419-470-0040 Furnishings and Personal Items A residential care agency must meet all of the following requirements: (1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to: (a) A bed, including a frame; (b) A clean, mattress in good condition, with a minimum thickness of five inches; (c) A pillow in good condition; and (d) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care. (2) Linens. Linens in good repair must be provided or arranged for each child in care, including: (a) A waterproof mattress cover or waterproof mattress; (b) Sheets and pillowcase; (c) Blankets appropriate in number and type for the season and the individual resident's comfort; and (d) Towels and washcloths. (3) Bedding must be changed at least weekly or when soiled and upon change of the child in care using the bedding. (4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child's age, gender, and culture must be made available to each child in care, stored in a clean and sanitary manner, and must include: (a) A comb; (b) Shampoo, or other hair cleansing product; (c) A toothbrush; (d) Soap; (e) Deodorant; (f) Toothpaste; (g) Toilet paper; (h) Menstrual supplies, if appropriate; and (i) Other supplies that are appropriate to the child in care's age, gender, and cultural needs. (5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0521, filed 11/28/2022, effective 12/01/2022 CWP 20-2020, 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 413-210-0130, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0050 Residential Care Agencies: New Facility or Remodel A residential care agency must meet all of the following requirements: (1) Building plans. (a) A residential care agency must submit to the Department for approval a set of plans and specifications for each building used for children in care operated by the residential care agency at each of the following times: (A) Prior to construction of a new building. (B) Prior to construction of an addition to an existing building. (C) Prior to the remodeling, modification, or conversion of a building. (D) In support of an application for initial license to operate as a residential care agency. (b) Plans must comply with all applicable state and local requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see OAR 837-040-0140), the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020), Oregon Health Authority requirements for buildings (see OAR chapter 333), the Oregon Plumbing Specialty Code (see OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal for buildings (OAR chapter 837), and the local building, fire, and safety codes. (c) Plans must be drawn to scale, and must specify the date upon which construction, modification, or conversion will be completed, if applicable. (2) Sanitarian approval. The water supply, sewage, and garbage disposal systems must be approved by a sanitarian registered with the Environmental Health Registration Board (see OAR 338-010-0025 to 338-010-0038). Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0526, filed 11/28/2022, effective 12/01/2022 CWP 21-2020, 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 33-2008, f. & cert. ef. 10-17-08
419-470-0060 Residential Care Agencies: Environmental Health A residential care agency must meet all of the following requirements: (1) The program of the residential care agency must maintain an environment that ensures safety for program staff and children in care. (2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas: (a) Food service risk assessment. (b) Drinking water or waste water assessment. (c) Vector and pest control, including the use of pesticides and other chemical agents. (d) Hazardous material management, including handling and storage. (e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: CWP 26-2022, renumbered from 413-215-0531, filed 11/28/2022, effective 12/01/2022 CWP 22-2020, 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 413-210-0120, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0070 Food Services A residential care agency must meet all of the following requirements with regard to food services: (1) Nutrition and dietary requirements. (a) A residential care agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation and provide snacks between mealtimes. (b) 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, including snacks, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the residential care agency for at least six months. (c) Drinking water must be freely available to the children in care served by the residential care agency. (2) Food selection, storage, and preparation. (a) All food and drink provided by the residential care agency 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 handlers card pursuant to ORS 624.570. (c) Selection of food. All food products served by a residential care agency must be obtained from commercial suppliers, this includes grocery stores, farmer markets, food banks, except: (A) Fresh fruits and vegetables and fruits or vegetables frozen by the residential care agency may be served. (B) The serving of un-pasteurized 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 residential care agency. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0536, filed 11/28/2022, effective 12/01/2022 CWP 23-2020, 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 413-210-0150, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0080 Safety A residential care agency 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 residential care agency 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 residential care agency must comply with existing state and local fire safety codes. (2) Emergency plan. The residential care agency must have, for each facility it operates, a written emergency plan that includes: (a) Identifying the types of emergencies most likely to happen where the residential care agency is located: (b) Identifying a place to meet for each type of emergency identified; (c) Identifying an alternate shelter if necessary; (d) Ensuring access to necessary medications or medical equipment; (e) How to help each child in care recover after a disaster. (3) Telephone numbers for local police, fire department, poison control, after hours medical advice and other appropriate emergency numbers must be posted near all telephones. (4) Operative flashlights sufficient in number must be readily available to the staff in case of emergency. (5) 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 residential care agency 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 residential care agency 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 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0541, 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 413-210-0110, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0090 Health Services (1) A residential care agency 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 being placed with a residential care agency, the residential care agency 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 medications, if any. (3) Health Services. The residential care agency must provide or arrange for the following health services, as applicable: (a) Medical exams. (b) Information on maintaining reproductive health and birth control. (c) Prenatal care. (d) Well-baby care. (e) Fetal alcohol syndrome. (f) Accessing child and infant health insurance programs. (g) Screening for breast and other common cancers. (h) Provide all necessary feminine hygiene products. (i) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases. (j) Age-appropriate consultation is provided regarding nutrition, pregnancy prevention, prevention of HIV and AIDS and general information about the prevention and treatment of sexually transmitted illnesses. (4) Medical examinations. A residential care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified medical professional at 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. (g) Have a physical examination within the first 60 days after admission of a child in care. Documentation of a physical examination having occurred within the calendar year will meet this requirement. (5) A residential care agency must have written procedures for accessing routine and urgent medical care for children in care, including obtaining necessary consents. Statutory/Other Authority: ORS 409.050, ORS 418.327, ORS 418.240 & ORS 418.005 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0546, filed 11/28/2022, effective 12/01/2022 CWP 24-2020, 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 413-210-0160, CWP 33-2008, f. & cert. ef. 10-17-08 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
419-470-0110 Residential Care Agencies: Extracurricular, Enrichment, Cultural, and Social Activities The residential care agency must: (1) Support the child in care in his or her interests to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities. (2) Apply the reasonable and prudent parent standard when determining whether to allow a child in care in substitute care to participate in extracurricular, enrichment, cultural, and social activities. (3) Designate at least one on-site employee authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities with respect to any child in care at the residential care agency. When applying the reasonable and prudent parent standard, the designated employee must consider: (a) The age, maturity, and developmental level of a child in care. (b) The nature and inherent risks of harm. (c) The best interest of the child in care based on information known by the designated employee. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023 CWP 26-2022, renumbered from 413-215-0554, filed 11/28/2022, effective 12/01/2022 CWP 26-2020, 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 19-2015, f. & cert. ef. 10-1-15