justicedao/ipfs_state_laws huggingface dataset:
411-346-0160 Renewal of Certificate (1) At least 90 days prior to the expiration of a certificate, the Department shall send a reminder notice and application for renewal to the currently certified provider. Submittal of a renewal application prior to the expiration date keeps the certificate in effect until the Department takes action. If the renewal application is not submitted prior to the expiration date, the child foster home shall be treated as an uncertified home. (2) The certification renewal process includes the renewal application and the same supporting documentation as required for a new certification. With the discretion of the certifying agency, a financial statement, physician statement, and floor plan may not be required. (3) A copy of the services coordinator’s monitoring check list or recommendations from the services coordinators who have had children in the home within the last year may be requested at the time of certification renewal. (4) School reports may not be required if the Department or the certifying agency reasonably assumes this information has not changed or is not necessary. (5) The Department or the certifying agency may investigate any information in the renewal application and shall conduct a home inspection. (6) The provider shall be given a copy of the inspection form documenting any deficiencies and a time frame to correct deficiencies. Deficiencies must be corrected no longer than 60 days from the date of inspection. If documented deficiencies are not corrected within the time frame specified, the renewal application shall be denied. (7) Applicants, providers, providers' substitute caregivers, employees, volunteers, and any other occupants in the home 18 years of age and older must submit to an Oregon background check and must continue to meet all certification standards as outlined in these rules. (8) Each foster provider must provide documentation of a minimum of 10 hours of Department approved training per year prior to the renewal of the certificate. A mutually agreed upon training plan may be part of the re-certification process. (9) When serving children with significant medical needs, the foster provider must have a minimum of 6 of the 10 hours of annual training requirements in specific medical training beyond First Aid and CPR. The CPR training must be done by a recognized training agency and the CPR certificate must be appropriate to the ages of the children served in the foster home. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & 443.835 History: SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 15-2011, f. & cert. ef. 7-1-11 SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru 8-1-11 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0160, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01
411-346-0165 Emergency Certification (1) An emergency certificate may be issued by the Department for up to 30 days, provided the following conditions are met: (a) An Oregon background check indicates no immediate need for fingerprinting for all persons living in the home; (b) A DHS-CW background check identifies no founded reports of child abuse committed by persons living in the home; (c) Applicant has no previous revocations or suspensions of any license or certificate by any issuing agency for a foster home, group home, or any other care or support services; (d) A review of support enforcement obligations and public assistance cases identifies no substantial financial concerns; (e) An application and two references are submitted; (f) An abbreviated home study is done; and (g) A satisfactory home inspection and a Health and Safety Checklist are completed. (2) When a child with significant medical needs shall be living in the foster home, the following additional requirements must be met before an emergency certificate may be issued: (a) Current satisfactory references from at least two medical professionals, such as a physician and registered nurse who have direct knowledge of the applicant’s ability and past experiences as a caregiver; (b) A positive written recommendation from the Department's Medically Fragile Children’s Unit (MFCU) if the provider or applicant has provided services through the MFCU or has historically received services through the MFCU for a child in their family home or foster home; (c) Current certification in First Aid and CPR. The CPR training must be done by a recognized training agency and the CPR certificate must be appropriate to the ages of the children served in the foster home; (d) Copies of all current medical related licenses or certificates must be provided to the certifying agency; and (e) Six hours of medical training beyond CPR and First Aid training as appropriate to the ages of the children served in the foster home; or (f) Licensed as a registered nurse, licensed practical nurse, emergency medical technician, nurse practitioner, or physician’s assistant. (3) Emergency certificates may be issued if the renewal process is incomplete at the time of the renewal. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & 443.835 History: SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 15-2011, f. & cert. ef. 7-1-11 SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru 8-1-11 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05
411-346-0210 Variances (1) The Department may grant a variance to these rules based upon a demonstration by a foster provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of a child or violate state or federal laws. (2) A foster provider requesting a variance must submit a completed ODDS Variance Request (form 6001) to their CDDP. , The completed variance request (form 6001) must contain all of the following: (a) The section of the rule from which the variance is sought. (b) The reason for the proposed variance. (c) The alternative practice, service, method, concept, or procedure proposed. (d) If the variance applies to the services of a child, evidence that the variance is consistent with the child's currently approved ISP. (3) Within 30 days from receipt of the variance request (form 6001), the CDDP must indicate their recommendation to approve or deny the proposed variance and forward the signed variance request (form 6001) to the Department. (4) The request for a variance is approved or denied by the Department. The Department's decision is sent to the foster provider, the CDDP, and all relevant Department programs or offices within 30 days from the Department's receipt of the variance request. (5) Within 30 days from receipt of a denial, a foster provider may request an administrative review by sending a written request for review to the Department's Director and a copy of the request to the certifying agency. The decision of the Director is the final response from the Department. (6) The Department determines the duration of the variance. (7) Granting a variance does not set a precedent that must be followed by a child placing agency when evaluating subsequent requests for variances. (8) A foster provider may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836 History: APD 24-2024, amend filed 05/31/2024, effective 06/01/2024 APD 46-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0210, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01
411-346-0230 Appeals (1) Upon written notice of denial, suspension, revocation, or non-renewal of a certificate from the Department, an applicant or foster provider may request a contested case hearing to appeal the decision pursuant to ORS 183.413 to 183.470. (2) The written request must be submitted within 10 days of the denial, suspension, revocation, or non-renewal notification date and must specifically state the reasons for the appeal. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & 443.835 History: SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05, Renumbered from 309-046-0240 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01
411-348-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 348, in addition to the rules in OAR chapter 411, divisions 318 and 323, prescribe standards, responsibilities, and procedures for a Host Home Program delivering home and community-based services to children with intellectual or developmental disabilities, including: (a) The provision of services based on assessed need to provide daily living support, preserve safety, and support community-based living for children receiving services in a Host Home setting; (b) Development, management, and support for a Host Home setting; and (c) Transition support and planning for children entering and exiting Host Home placements. (2) These rules incorporate the provisions for home and community-based services and settings and person-centered planning set forth in OAR chapter 411, division 004. These rules and the rules in OAR chapter 411, division 004 ensure children with intellectual or developmental disabilities receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving home and community-based services. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0030 Issuance of License (1) No person, agency, or governmental unit acting individually or jointly with any other person, agency, or governmental unit shall establish, conduct, maintain, manage, or operate a Host Home Program without being licensed for each residential training home operating as a Host Home. (2) A license is not transferrable and is only applicable to the location, home, and program provider, management agent, or ownership indicated on the application and license. (3) The Department issues a license to an applicant found to be in compliance with these rules and the rules in OAR chapter 411, divisions 004, 318, and 323. A license is in effect for two years from the date issued unless revoked, suspended, or surrendered. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0040 Application for Initial License (1) At least 30 calendar days prior to anticipated licensure, an applicant must submit an application, an In-Residence Caregiver Applicant Study, and required non-refundable fee in the amount in accordance with ORS 443.416. The application is provided by the Department and must include all information requested by the Department. (2) The application must identify the number of children the Host Home is presently capable of supporting at the time of application, in accordance with the capacity requirements described in OAR 411-348-0100. For the purposes of license renewal, the number of beds to be licensed may not exceed the number identified on the license to be renewed unless approved by the Department. (3) The initial license application must include: (a) A copy of any lease agreements or contracts, management agreements or contracts, or sales agreements or contracts, relative to the operation and ownership of the home; (b) A floor plan of the home showing the location and size of rooms, emergency escape and rescue openings, exit doorways, smoke alarms, and extinguishers; and (c) A copy of the In-Residence Caregiver Applicant Study completed by the program provider according to OAR 411-348-0045. (4) If a scheduled, onsite licensing inspection reveals that an applicant is not in compliance with these rules as attested to on the Licensing Onsite Inspection Checklist, the onsite licensing inspection may be rescheduled at the convenience of the Department. (5) Applicants may not admit any child to the home prior to receiving a written confirmation of licensure from the Department. (6) If an applicant fails to provide complete, accurate, and truthful information during the application and licensing process, the Department may cause initial licensing to be delayed or may deny or revoke the license. (7) Any applicant, person with controlling interest in a program provider, or an in-residence caregiver is considered responsible for acts occurring during, and relating to, the operation of a Host Home for the purpose of licensing. (8) The Department may consider the background and operating history of each applicant, each person with controlling interest, and in-residence caregiver when determining whether to issue a license. (9) When an application for initial licensure is made by an applicant who owns or operates other licensed homes or facilities in Oregon, the Department may deny the license if the applicant’s existing home or facility is not, or has not been, in substantial compliance with the Oregon Administrative Rules. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0050 License Expiration, Termination of Operations, and License Return (1) Unless revoked, suspended, or terminated earlier, each license to operate a Host Home expires two years following the date of issuance. (2) If the operation of a Host Home is discontinued for any reason, the license is considered to have been terminated. (3) Each license is considered void immediately if the operation of a Host Home is discontinued by voluntary action of the licensee, if there is a change in ownership, or if there is a change in the in-residence caregiver. (4) The license must be returned to the Department immediately upon suspension or revocation of the license or when operation is discontinued. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0070 License Renewal (1) A license is renewable upon submission of an application to the Department, any updated information pertaining to the In-Residence Caregiver Applicant Study, and the payment of the required non-refundable fee in accordance with ORS 443.415. (2) An application for license renewal must be submitted 60 calendar days prior to the expiration date of the current license. Filing of an application and required information prior to the expiration date of a license extends the effective date of the current license until the Department acts upon the renewal application. (3) If the renewal application and fee are not submitted prior to the expiration date of a license, the Host Home is unlicensed and subject to the civil penalties described in OAR 411-348-0460. An unlicensed program provider is ineligible for Medicaid service payment for the time a Host Home is unlicensed. (4) The Department shall conduct a licensing review of the Host Home prior to the renewal of a license. The licensing review shall be unannounced, conducted 30-120 calendar days prior to the expiration of the license, and review compliance with these rules and the rules in OAR chapter 411, divisions 004, 318, and 323. (5) The Department may not renew a license if the Host Home is not substantially in compliance with these rules or if the State Fire Marshal or the State Fire Marshal’s authorized representative has given notice of noncompliance according to ORS 479.220. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0090 Change of Ownership, Legal Entity, Legal Status, Management Corporation, and In-Residence Caregiver (1) A program provider must notify the Department in writing of any pending change in ownership or legal entity, legal status, management corporation, or in-residence caregiver. (2) A new license is required upon change in ownership, legal entity, legal status, or in-residence caregiver. The program provider must submit a license application and required fee at least 30 calendar days prior to change in ownership, legal entity, legal status, or in-residence caregiver. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0100 Capacity (1) A Host Home may only have a capacity to serve up to two children enrolled in services. (2) The capacity of a Host Home is based on consideration of the following factors: (a) The physical requirements as specified by these rules; and (b) The number of children not enrolled in services and care-dependent adults residing in the Host Home. (3) The total number of children receiving services, children residing in the Host Home age 18 or younger, and care-dependent adults may not exceed five persons in a Host Home. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0110 Variances (1) The Department may grant a variance to these rules based upon a program provider’s demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact children’s welfare, health, safety, or rights. (2) A program provider must submit a variance request to the CDDP. The variance request must be on the applicable Department form and contain the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept, or procedure proposed; and (d) If the variance applies to the services for a child, evidence the variance is consistent with the child’s currently authorized ISP. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the program provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the date of the variance request. (4) A program provider may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the date of the denial. The program provider must send a copy of the written request for an administrative review to the CDDP. The decision of the Director is the final response from the Department. (5) The duration of the variance is determined by the Department. (6) A program provider may implement a variance only after written approval from the Department. (7) The Department may not issue a variance that results in non-compliance with the home and community-based setting requirements in OAR chapter 411, division 004, or that results in a condition having the effect of making the Host Home or child ineligible to receive Medicaid service funding. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019
411-348-0130 Food and Nutrition (1) An in-residence caregiver must offer three nutritious meals and two snacks daily. Meals must be offered at times consistent with those in the community. (a) Daily meals must include food from the four basic food groups according to the United States Department of Agriculture (USDA) and include fresh fruits and vegetables when in season, unless otherwise specified in writing by a health care provider. (b) There must be no more than a 14-hour span between the evening meal and breakfast, unless snacks and liquids are served as supplements. (c) Food preparation must include consideration of the cultural and ethnic background, as well as the food preferences of a child. Special consideration must be given to children with chewing difficulties or other eating limitations as described in section (3) of this rule. (d) If a child is away from the Host Home during a mealtime, the in-residence caregiver must make arrangements for the child to have the meal available to the child at a time consistent with the community standard time range for the meal offered away from the Host Home. (2) A child must be permitted to acquire, store, and access personal food in a Host Home in a manner consistent with age-typical practices for children living in the community and in accordance with the child's ISP. (3) MODIFIED OR SPECIAL DIETS. For a child with a modified or special diet ordered by a physician or health care provider, a program provider, in-residence caregiver, and staff must: (a) Implement special diets only as prescribed in writing by a physician or health care provider; and (b) Maintain documentation that identifies how the modified or special diet is prepared and served to the child. (4) Unpasteurized milk and juice and home canned meats and fish may not be served or stored in a Host Home. (5) Any home canned food used must be processed according to the guidelines of Oregon State University extension services (http://extension.oregonstate.edu/fch/food-preservation). (6) A program provider must ensure the in-residence caregiver maintains adequate supplies of staple foods for a minimum of one week and perishable foods for a minimum of two days on the premises. (7) Foods must be stored, prepared, and served in a sanitary manner (8) All food items must be used prior to their expiration date. (9) A program provider, in-residence caregiver, or staff must prepare and serve meals in the Host Home. Payment for meals eaten away from the Host Home (e.g. restaurants) for the convenience of the program provider, in-residence caregiver, or staff is the program provider's responsibility. Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 36-2019, adopt filed 10/29/2019, effective 11/01/2019