reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.323 - Qualified residential treatment program; rules.

A program is a qualified residential treatment program if it:
(1) Provides residential care and treatment to a child who, based on an independent assessment described in ORS 418.324, requires specialized, evidence-based, as defined by the Department of Human Services by rule, supports and services related to the effects of trauma or mental, emotional or behavioral health needs.
(2) Uses a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of the child.
(3) Ensures that the staff at the facility includes licensed or registered nurses licensed under ORS chapter 678, or the equivalent statute in the state in which the facility is located, and other licensed clinical staff who:
(a) Are licensed or registered in good standing under the laws and regulations of the state in which the facility is located and provide care within their licensed scope of practice;
(b) Are on-site according to the treatment model identified in subsection (2) of this section; and
(c) Are available 24 hours per day and seven days per week.
(4) Facilitates the involvement of the child’s family, as defined in ORS 418.575, in the child’s treatment program, to the extent appropriate and in the child’s best interests.
(5) Facilitates outreach to the child’s family, as defined in ORS 418.575, documents how outreach is made and maintains contact information for any known biological relatives or fictive kin, as defined by the department by rule.
(6) Documents how the program integrates family into the child’s treatment process, including after discharge, and how sibling connections are maintained.
(7) Provides discharge planning and family-based after-care support for at least six months following the child’s discharge from the program.
(8) Is licensed and accredited in accordance with requirements adopted by the department by rule. The rules adopted by the department under this subsection must:
(a) Be consistent with federal licensure and accreditation requirements for qualified residential treatment programs;
(b) Require that the qualified residential treatment program maintain site-specific accreditation from a nationally recognized organization; and
(c) Require an in-person site inspection. [2020 s.s.1 c.19 §12b; 2021 c.338 §10; 2021 c.387 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.327 - Licensing of private residential boarding schools; fees.

(1) Upon finding that the facilities and operation of a private residential boarding school meet the standards of the department for the physical health, care and safety of the children, the department shall issue a license to operate the school. The license shall be valid for a period of two years, unless sooner suspended or revoked by the department pursuant to the provisions of ORS 418.240. However, the department at any time may require amendments to an existing license to accommodate changes in the factors upon which the issuance was based.
(2) The department may not charge a fee for inspections leading to decisions regarding, and issuance of, licenses under this section, but may charge fees to cover costs of inspections done by other governmental agencies for the department.
(3) The department may place conditions on any license issued under this section in accordance with the provisions of ORS 418.240, including but not limited to placing full or partial restrictions on admission of children, temporary suspension, limitation of operations subject to an intent to revoke and limitation of operations subject to correction of violations as specified in a plan of correction imposed by the department.
(4) No person or organization shall operate a private residential boarding school without having a current, valid license issued by the department.
(5) Any person, including the Director of Human Services, may file a complaint with the department alleging that children attending a private residential boarding school, or that children within the control of any other organization that provides boarding or residential programs, are not receiving shelter, food, guidance, training or education necessary to the health, safety, welfare or social growth of the children or necessary to serve the best interests of society.
(6) The department shall immediately investigate complaints made under subsection (5) of this section in the manner provided under ORS 418.205 to 418.327.
(7) The Superintendent of Public Instruction shall cooperate with the department upon request by advising the department as to whether or not the educational program conducted at the private residential boarding school meets minimum standards required of public educational institutions.
(8) Nothing in this section applies to public or private institutions of higher education, community colleges, common or union high school districts that provide board and room in lieu of transportation or any other child-caring program already subject to state licensing procedures by any agency of this state. [1975 c.313 §1; 1977 c.232 §1; 1979 c.284 §140; 1983 c.510 §15; 2011 c.278 §4; 2016 c.106 §24]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.335 - Determination of eligibility for payments; review; hearing.

(1) Qualification for payments under ORS 418.330 must be determined by the Department of Human Services prior to the completion of the adoption or guardianship proceeding.
(2) The department shall set the amount of payments under ORS 418.330 through negotiations with the prospective adoptive parents or guardians, taking into consideration the circumstances of the prospective adoptive parents or guardians and the needs of the child.
(3) The department may change the amount of payments under ORS 418.330:
(a) Through renegotiation with the adoptive parents or guardians, based upon a showing that there has been a change in the circumstances of the adoptive parents or guardians or the needs of the child; or
(b) When the department has reduced or increased the amount of comparable assistance in foster care under ORS 418.647.
(4) The department may suspend or terminate payments when one or more of the following conditions exist:
(a) The child no longer meets the definition of "child" under ORS 418.330.
(b) The adoptive parents or guardians are no longer legally responsible for the support of the child.
(c) The child is no longer receiving any support from the adoptive parents or guardians.
(5) If a payment under ORS 418.330 is suspended or terminated for a reason not related to the age of the child or because a guardianship has been vacated by the court, the adoptive parents or guardians of the child may petition the department for a review of the case. The department shall afford the petitioner an opportunity for a hearing, which must be held in the county the petitioner elects. [1971 c.129 §§3,4; 2011 c.141 §2; 2015 c.840 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.345 - Adoption Applicable Child Savings Fund.

(1) The Adoption Applicable Child Savings Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Adoption Applicable Child Savings Fund shall be credited to the fund. Moneys in the Adoption Applicable Child Savings Fund at the end of a biennium are retained in the Adoption Applicable Child Savings Fund and do not revert to the General Fund.
(2) Moneys in the Adoption Applicable Child Savings Fund consist of:
(a) Moneys received by the Department of Human Services from the General Fund for adoption assistance payments under ORS 418.330 that have been calculated as General Fund applicable child savings in accordance with 42 U.S.C. 673(a)(8);
(b) Moneys donated to the Adoption Applicable Child Savings Fund;
(c) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(3) Moneys in the Adoption Applicable Child Savings Fund are continuously appropriated to the Department of Human Services for the purpose of funding child welfare services.
(4) Moneys in the fund shall be used to supplement existing funds used for child welfare services and may not be used in lieu of these existing funds.
(5) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. [2017 c.637 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.351 - Definitions for 418.351 to 418.357.

As used in ORS 418.351 to 418.357:
(1) "Client" means a parent or guardian or other person seeking a referral or recommendation for programs for a person under the age of 18 who is experiencing behavioral, emotional, mental health, substance use, delinquency or disability-related challenges.
(2) "Placement information" means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, telephone number, zip code, medical history, information about necessary services or the reasons for seeking residential care.
(3)(a) "Referral agent" means a person that provides residential care referrals.
(b) "Referral agent" does not include:
(A) A residential care program or its employees.
(B) A public body as defined in ORS 174.109.
(C) A physician licensed under ORS chapter 677 or a nurse practitioner licensed under ORS 678.375 to 678.390 if the subject of placement is a patient of the physician or nurse practitioner and the physician or nurse practitioner has deemed the placement to be medically necessary.
(4)(a) "Residential care program" means a residential program or facility that meets the criteria of a child-caring agency as defined in ORS 418.205, regardless of whether the program is located in Oregon or out of Oregon.
(b) "Residential care program" does not include:
(A) A hospital as defined in ORS 442.015 or a rural hospital as defined in ORS 442.470.
(B) An adoption agency.
(C) An academic boarding school that provides educational services and care to children 24 hours a day and does not offer or arrange specialized treatment or therapeutic services to students with disabilities or to students with social, emotional or behavioral problems.
(5) "Residential care referral" means a referral to a residential care program in connection with which the referral agent receives compensation from any source when:
(a) The client or the subject of placement resides in this state;
(b) The referral agent resides in or has a primary place of business in this state; or
(c) The program to which the referral is made is located in this state.
(6) "Subject of placement" means the individual to be placed with a residential care program through a residential care referral. [2021 c.590 §1]
Note:
418.351 to 418.357 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.357 - Residential care referral agents; registration; rules; penalties.

(1) A person may not provide a residential care referral unless the person is registered with the Department of Human Services under this section.
(2) The department shall issue a registration to provide residential care referrals to an applicant that meets requirements established by the department by rule and pays a $325 fee.
(3) A registration issued under this section must be renewed every two years. The department shall set the renewal fee by rule, but the renewal fee may not exceed $325.
(4) The department shall require an applicant to:
(a) Identify an individual responsible for the application;
(b) Demonstrate that the applicant meets the requirements of ORS 418.353;
(c) Demonstrate that the applicant maintains at least $1 million in general liability insurance; and
(d) Perform background checks on referral agents who have direct contact with clients, as defined by rule of the department.
(5) The department may adopt rules as necessary to administer ORS 418.351 to 418.357.
(6) The department may impose a civil penalty on a person for violation of ORS 418.351 to 418.357 or violation of rules adopted under ORS 418.351 to 418.357. [2021 c.590 §3]
Note:
See note under 418.351.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.359 - Referrals to secure transportation services providers; disclosure.

(1) A person or organization that makes a referral or recommendation related to the use of a secure transportation services provider to transport a child to a child-caring agency, certified foster home or developmental disabilities residential facility must provide the written disclosure described in subsection (2) of this section if the child to be transported is a resident of this state or if the child-caring agency, certified foster home or developmental disabilities residential facility to which the secure transportation services provider will deliver the child is located in this state.
(2) The disclosure under this section must state:
______________________________________________________________________________
Except as specifically exempted under ORS 418.241, a secure transportation services provider that transports children to or from a child-caring agency, certified foster home or developmental disabilities residential facility along any portion of a route that begins or ends in Oregon is required to be licensed by the Department of Human Services under ORS 418.215 or 418.240.
______________________________________________________________________________
(3) As used in this section, "certified foster home," "child-caring agency," "developmental disabilities residential facility" and "secure transportation services" have the meanings given those terms in ORS 418.241. [2021 c.672 §14; 2022 c.90 §16]
Note:
418.359 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.470 - Authority to pay for shelter-care homes.

(1) The Department of Human Services may engage and make reasonable payment for services of persons to make available, maintain and operate shelter-care homes for the safekeeping of children taken into temporary custody pending investigation and disposition.
(2) The services, pursuant to specific prior authorization of the department, shall be deemed actually rendered if the shelter-care home is made available, maintained and operated to receive such children.
(3) As used in this section and ORS 418.472, "shelter-care home" means a certified foster home or a licensed facility contracted with by the Department of Human Services for the purpose of safekeeping of children taken into temporary custody pending investigation and disposition where the circumstances are such that the child need not be kept in secure custody. [1969 c.184 §1; 1971 c.401 §36; 1985 c.791 §1; 2003 c.14 §222]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.472 - Siting of shelter-care home.

The governing body of a county or its designee in a county with a population of less than 400,000 may allow the operation of a shelter-care home, as defined in ORS 418.470, upon a lot or parcel in any zone, including an exclusive farm use or forest use zone, if the shelter-care home is an existing use on that lot or parcel on September 20, 1985. [1985 c.791 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.480 - "Purchase of care" defined.

As used in ORS 418.480 to 418.500, "purchase of care" includes the purchase of institutional and foster family care and services, adoptive services, services provided by Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, services to the unwed mother and her child and such other care and services as the Department of Human Services shall determine to be necessary to carry out the policy stated in ORS 418.485. [1971 c.457 §1; 2001 c.900 §119; 2011 c.568 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.485 - Policy; annual report.

It is the policy of the State of Oregon to strengthen family life and to ensure the protection of all children either in their own homes or in other appropriate care outside their homes. In affording such protection, the Director of Human Services shall, in cooperation with child-caring agencies and with Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, develop a set of short-range and long-range priorities for the development of needed child care and services, such priorities to be periodically reviewed and revised as necessary. Such priorities are to be set out in a form enumerating the number of children in each category of need, the type of child care and services needed, the areas of the state where such care and services are needed, and the projected costs. The State of Oregon hereby commits itself to the purchase of care and services for children who need care and to encourage child-caring agencies and Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598 to develop programs required to meet the needs of the children of this state, and moneys may be appropriated therefor. In developing programs necessary to meet the needs of the children of this state, the Director of Human Services shall make every attempt feasible to develop local, community and county-based organizations. The Department of Human Services shall document and present an annual report to the committees of the Legislative Assembly that address efforts taken under this section. [1971 c.457 §2; 1975 c.795 §3; 2011 c.568 §10; 2016 c.106 §45]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.490 - Coordination of state activities.

In carrying out the policies of this state as stated in ORS 418.485, it shall be the responsibility of the Director of Human Services to coordinate the activities of all state agencies that have responsibilities for care of children to insure the best care possible and to avoid duplication of effort or conflict in policy. [1971 c.457 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.495 - Authority to purchase care; agreement content; payment standards for foster care; rules.

(1) Within the limits of funds available therefor, the Department of Human Services may enter into agreements and contracts with child-caring agencies, Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598, other appropriate providers of care or services to children and facilities, including youth care centers, for the purchase of care for children who require and are eligible for such care, regardless of whether the child is a ward of the state, whether the department is the child’s guardian or has custody of the child, or whether the child has been released or surrendered to a child-caring agency pursuant to ORS 418.270 or to a Strengthening, Preserving and Reunifying Families program under ORS 418.575 to 418.598 or committed thereto by order of a court under ORS chapter 419B or 419C. The agreement shall prescribe the procedures for payment and the rate of payment and may contain such other conditions as the department and the agency, facility or program may agree. Payment must be made by electronic funds transfer from the department to the payee and may not be made by check.
(2) The department shall by rule adopt payment standards for foster care that is provided under ORS 418.625 to 418.645. In establishing standards, the department may take into account the income, resources and maintenance available to and the necessary expenditures of a foster parent who is a relative, as defined by rule, of the child placed in care. [1971 c.457 §4; 1993 c.33 §329; 2007 c.801 §1; 2011 c.568 §11; 2016 c.106 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.500 - Out-of-state care for children.

Subject to ORS 418.322, if the Department of Human Services determines that need exists for care and treatment of a child who is eligible for such care and treatment that is not available through any public or private agency or facility in this state, it may enter into an agreement with a public or private agency outside this state for the purchase of care for the child. Such agreements shall contain the matter described in ORS 418.321 and 418.495 and shall apply to children described therein. [1971 c.457 §5; 2020 s.s.1 c.19 §§10a,10b]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.521 - Prohibitions on restraint and involuntary seclusion of child in care.

(1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.
(2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited:
(a) Chemical restraint.
(b) Mechanical restraint.
(c) Prone restraint.
(d) Supine restraint.
(e) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care’s movement.
(f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or throat.
(g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth.
(h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.
(i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care’s neck, throat, genitals or other intimate parts.
(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.
(k) Any other action, the primary purpose of which is to inflict pain. [2021 c.672 §2; 2023 c.267 §3]
Note:
See note under 418.519.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.532 - Notices to children in care.

(1) Each child in care receiving services from a child-caring agency must be provided with information that:
(a) Explains the provisions of ORS 418.519 to 418.532;
(b) Provides instruction regarding how a child in care may report suspected inappropriate use of restraint or involuntary seclusion;
(c) Assures the child in care that the child will not experience retaliation for reporting suspected inappropriate uses of restraint or involuntary seclusion; and
(d) Includes the telephone number for the toll-free child abuse hotline described in ORS 417.805, information regarding the centralized child abuse reporting system described in ORS 418.190 and the telephone numbers and electronic mail addresses for the program’s licensing or certification agency, the child in care’s caseworker and attorney, the child in care’s court appointed special advocate and Disability Rights Oregon.
(2) The information described in subsection (1) of this section must be provided by:
(a) The Department of Human Services if the department placed the child in care in the child-caring agency;
(b) The Oregon Youth Authority if the child in care has been committed to the custody of the authority; or
(c) The child-caring agency, as required by the department by rule, for all other children in care. [2021 c.672 §11; 2023 c.132 §5]
Note:
See note under 418.519.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.575 - Definitions for ORS 418.575 to 418.598.

As used in ORS 418.575 to 418.598:
(1) "Child" means a child who qualifies for child welfare services provided by the Department of Human Services.
(2) "Client-focused functional outcome measures" means objective, observable measures of outcomes for services provided to a child and a child’s family under ORS 418.575 to 418.598, including but not limited to measures relating to permanency.
(3) "County partners" means employees or representatives of the Department of Human Services, the county, court appointed special advocates under ORS 419B.112, drug and alcohol treatment providers, mental health providers, providers of affordable housing and other persons or entities that provide services to children and families within a county of this state.
(4) "Family" means, at a minimum but not to the exclusion of siblings as defined in ORS 419A.004 or other persons living in the same household with a child, the child and:
(a) The child’s parent as defined in ORS 419A.004;
(b) The child’s guardian appointed pursuant to ORS chapter 125; or
(c) A person who has a caregiver relationship as defined in ORS 419B.116 with the child.
(5) "Intensive in-home services" means services that keep a child and family together in the child’s and family’s home with a goal of 24-hour on-call support while the child and the child’s family engage in family strengthening activities and receive appropriate mental health and addiction treatment and other intensive support interventions.
(6) "Performance-based contract" means a contract entered into under ORS 418.580 that:
(a) Requires a program to demonstrate successful child-driven outcomes when compared to alternative placement options and long-term cost savings; and
(b) Bases termination or renewal of the contract on demonstration of the factors described in paragraph (a) of this subsection.
(7) "Program" means a Strengthening, Preserving and Reunifying Families program described in ORS 418.580. [2011 c.568 §2; 2012 c.97 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.578 - Legislative findings.

The Legislative Assembly finds that:
(1) There is growing empirical evidence that severe trauma may result when children are removed from their families, and that this trauma may give rise to negative outcomes that last a lifetime, cause intergenerational patterns of addiction, abuse and neglect, and give rise to disrupted and broken families.
(2) Improving permanency outcomes for children is best accomplished by providing services that allow children to remain with their families and in their homes when appropriate and safe.
(3) Allowing families to remain intact while parents undergo mental health or addiction treatment, take steps to move out of poverty by obtaining employment and housing or receive family strengthening services preserves child-parent bonds with improved outcomes for children and families and positive long-term societal effects.
(4) When placement in foster or substitute care outside the home must occur, this can be less traumatic and of shorter duration with the provision of family-focused treatment and services, and the provision of routine family contact and visitation as frequently as is appropriate. After children are returned to the family, they should receive continuing services to ensure safety and stabilization.
(5) Children should receive continuing services sufficient to achieve stabilization after returning to the community.
(6) A new systemwide model for providing child welfare services should be adopted that provides services and supports that have proved effective in keeping children safely with their parents, that reduces children’s risk of future entry into the criminal justice and child welfare systems, that lowers the risk of intergenerational abuse and that decreases the associated human and economic costs.
(7) The efficacy of programs that allow families to remain together or that assist families with reunification has been demonstrated by pilot programs, including one that has operated in Jackson County since 2007 and other national best practice models.
(8) Foster care savings that are reinvested can enhance and expand child welfare services.
(9) Housing is essential to the safe reduction of the number of children in foster care. Partnerships between affordable housing providers and nonprofit service agencies must be formed where possible. Tenancy requirements and exclusion criteria related to criminal, credit and tenant histories, particularly when associated with substance abuse, must be reevaluated and modified where possible. [2011 c.568 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.585 - Strengthening, Preserving and Reunifying Families Program Fund.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Strengthening, Preserving and Reunifying Families Program Fund. Interest earned by the Strengthening, Preserving and Reunifying Families Program Fund shall be credited to the fund. The fund consists of:
(a) Moneys received by the Department of Human Services under ORS 418.590;
(b) Amounts donated to the fund;
(c) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(2) Moneys in the fund are continuously appropriated to the Department of Human Services for the purposes of ORS 418.575 to 418.598.
(3) Moneys in the fund supplement existing funds used for child welfare services and shall not be used in lieu of these existing funds. Other state agencies and entities shall continue to provide funds and services, including but not limited to housing, alcohol and drug treatment and mental health treatment as required under existing law.
(4) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857.
(5) The department may not expend more than 15 percent of moneys available in the fund for administrative costs and expenses of the department incurred in implementing ORS 418.575 to 418.598. [2011 c.568 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.590 - Waiver of federal requirements; plan for reinvesting savings and combining resources.

(1) The Department of Human Services shall seek federal approval, renewal of an existing waiver of federal requirements or a new waiver of federal requirements as necessary to access federal savings that have accrued to the state as a result of a reduction in the cost of foster and substitute care for children in the legal custody of the department.
(2) The department shall:
(a) Create a plan for reinvesting federal savings into the provision of services through Strengthening, Preserving and Reunifying Families programs under ORS 418.575 to 418.598; and
(b) Combine state, federal and private resources to support implementation of a statewide system of programs at the local level as provided under ORS 418.575 to 418.598. [2011 c.568 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.595 - Placement and referral to program to be considered in reasonable or active efforts determination; written explanation.

(1) In considering what constitutes reasonable or active efforts or whether reasonable or active efforts have been made under ORS 419B.185, 419B.337, 419B.340, 419B.470, 419B.476, 419B.498, 419B.645 or 419C.173, the Department of Human Services and the juvenile court shall consider whether placement of a child and referral of a child and the child’s family to a Strengthening, Preserving and Reunifying Families program is or was in the child’s best interests and the action most likely to prevent or eliminate the need for removal of the child from the child’s home or the action most likely to make it possible for the child to safely return home.
(2) If the department or juvenile court determines that placement of the child and referral of the child and the child’s family to a program would not prevent or eliminate the need for removal of the child from the child’s home or be the action most likely to make it possible for the child to safely return home, the department shall, in any description or documentation of its reasonable or active efforts, include a written explanation of the reasons why the department did not believe the placement of the child and referral of the child and the child’s family to the program was in the child’s best interests and the course most likely to prevent placement or effect the return of the child to the child’s family. [2011 c.568 §7; 2020 s.s.1 c.14 §55]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.598 - Rules.

(1) The Department of Human Services shall adopt rules to implement the provisions of ORS 418.575 to 418.598.
(2) Rules adopted by the department under subsection (1) of this section may not require reporting and compilation of data that exceed the minimum required for the department to comply with ORS 418.575 to 418.598 and federal laws or regulations. [2011 c.568 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.606 - Definitions.

As used in ORS 418.606 to 418.608:
(1) "Foster child" means a child who is in the legal custody of the Department of Human Services pursuant to the provisions of ORS chapter 418 or 419B and who is placed in substitute care, including but not limited to care with a foster parent or a child-caring agency as defined in ORS 418.205.
(2) "Sibling" has the meaning given that term in ORS 419A.004. [2017 c.36 §1]
Note:
418.606 to 418.609 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.607 - Legislative intent.

It is the intent of the Legislative Assembly that siblings who are foster children have certain essential rights, including but not limited to the following:
(1) To obtain substitute care placements together whenever safe and appropriate.
(2) To maintain contact and visits with siblings while placed both in and out of substitute care placements, including contact by telephone and electronic communication, as safe and appropriate.
(3) To be provided with transportation to maintain contact and have visits with siblings.
(4) To be placed with foster parents and caseworkers who have been provided with training on the importance of sibling relationships.
(5) To ensure that contact with siblings will be encouraged in any adoptive or guardianship placement, as safe and appropriate.
(6) To have a sibling contact plan that has been developed as a result of the active engagement and participation of siblings and that is complied with as part of any substitute care placement.
(7) To have more private or less restrictive communication with siblings as compared to communications with others who are not siblings, as safe and appropriate.
(8) To be immediately and timely notified of placement changes or catastrophic events affecting a sibling, as safe and appropriate.
(9) With respect to a foster child’s rights under this section:
(a) To receive a document setting forth such rights as is age-appropriate and developmentally appropriate within 60 days of the date of any placement or any change in placement;
(b) To have a document setting forth such rights that is age-appropriate and developmentally appropriate on each occasion that a foster child’s case plan is considered and reviewed;
(c) To have access to a document setting forth such rights that is age-appropriate and developmentally appropriate at the residence of all foster parents and child-caring agencies; and
(d) To be informed of such rights on at least an annual basis.
(10) To be provided with an explanation in an age-appropriate manner as to why contact with a sibling is or has been denied or prohibited.
(11) To have the rights under this section apply regardless of whether the parental rights of one or more of the foster child’s parents have been terminated, as safe and appropriate.
(12) To request that the foster child’s attorney advocate on behalf of the foster child for contact and visits with siblings:
(a) While the foster child is in foster care;
(b) When the court is considering whether to order visitation between the foster child and the foster child’s siblings under ORS 419B.367; and
(c) When decisions are made regarding post-adoption contact between the foster child and the foster child’s siblings. [2017 c.36 §2]
Note:
See note under 418.606.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.608 - Oregon Foster Children’s Sibling Bill of Rights; rules.

(1) The Department of Human Services shall adopt rules establishing the Oregon Foster Children’s Sibling Bill of Rights, specifying the rights of foster children who are siblings consistent with the provisions of ORS 418.607.
(2) The department shall periodically review the rules establishing the Oregon Foster Children’s Sibling Bill of Rights to ensure that the bill of rights complies with the principles and requirements set forth in ORS 418.607. The department shall promote the participation of current and former foster children who had or have siblings in the development of the rules constituting the Oregon Foster Children’s Sibling Bill of Rights and the development of state foster care and child welfare policy. [2017 c.36 §3]
Note:
See note under 418.606.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.609 - Applicability of Indian Child Welfare Act.

Nothing in ORS 418.606 to 418.608 affects the application of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [2017 c.36 §4]
Note:
See note under 418.606.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.625 - Definitions for ORS 418.625 to 418.645.

As used in ORS 418.625 to 418.645:
(1) "Certificate" means a written approval to operate a foster home issued by the Department of Human Services on a form prescribed by the department that states the name of the foster parent, the address of the premises to which the certificate applies and the maximum number of children to be maintained or boarded in the foster home at any one time.
(2) "Department" means the Department of Human Services.
(3) "Foster home" means any home maintained by a person who has under the care of the person in the home any child under the age of 21 years unattended by the child’s parent or guardian, for the purpose of providing the child with care, food and lodging, but does not include:
(a) Any boarding school that is essentially and primarily engaged in educational work;
(b) Any home in which a child is provided board and room by a school board;
(c) Any foster home under the direct supervision of a child-caring agency or institution certified by the department;
(d) Any home under the direct supervision of a custodial parent for the purpose of providing respite care as defined by rule;
(e) Any developmental disability child foster home as defined in ORS 443.830; or
(f) Any home of a provider of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056. [Formerly 419.402; 1971 c.401 §44; 1975 c.267 §1; 1995 c.564 §1; 1997 c.130 §9; 2001 c.686 §4; 2001 c.900 §120; 2005 c.679 §2; 2007 c.801 §2; 2010 c.60 §3; 2016 c.106 §27]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.627 - Placement consistent with the Indian Child Welfare Act.

(1) A person providing a foster home to an American Indian child shall be eligible for payments under ORS 418.625 to 418.645 regardless of the relationship by blood or marriage that the person has to the child where the child’s placement in the foster home is pursuant to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.).
(2) Certification of a foster home described in subsection (1) of this section shall be pursuant to standards set out in an agreement between the Department of Human Services and the tribe of which the child is a member or, if there is no such agreement, certification shall be pursuant to standards adopted by a federally recognized Indian tribe.
(3) If subsection (1) or (2) of this section is found to be unconstitutional for any reason, then the entire section shall be null and void. [1987 c.773 §§2,3; 2020 s.s.1 c.14 §24]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.635 - Certificate of approval; revocation.

Application for a certificate to operate a foster home shall be made to the Department of Human Services upon a form to be furnished by the department. Upon receipt of such application, the department shall cause an investigation of the qualifications of the foster home to be made to determine which type of certificate should be issued in accordance with the rules of the department pertinent to the certification of foster homes, and shall issue an appropriate certificate to any person maintaining a foster home which complies with ORS 418.625 to 418.645. Such certificate may be revoked by the department following notice and opportunity for hearing as provided in ORS chapter 183 because of violation of any of the provisions of ORS 418.625 to 418.645 or of the rules provided for in ORS 418.640. Such certificate shall apply only to the premises designated on the certificate at the time of issue and a change of residence shall automatically terminate the certificate. [Formerly 419.406; 1973 c.612 §17; 1975 c.267 §2; 2001 c.686 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.640 - Supervision of foster homes; foster and adoptive parent training; rules; law enforcement officer training.

(1) The Department of Human Services shall adopt such rules, not inconsistent with ORS 418.625 to 418.645, as it deems necessary or advisable to protect the best interests of children in foster homes and to carry out the intent and purpose of ORS 418.625 to 418.645.
(2)(a) The department shall:
(A) Provide training to assist the foster parent both in understanding the mental and emotional problems that occur in child victims of abuse and neglect, including sexual abuse and rape of a child, as defined in ORS 419B.005, and in managing the behavior that may result from such problems; and
(B) Provide training to foster parents and prospective adoptive parents of a child in foster care regarding appropriate ethnic hair and skin care for children of African-American, Hispanic, Native American, Asian-American or multiracial descent.
(b) The training under this subsection shall be provided in accordance with rules adopted by the department.
(3) The Board on Public Safety Standards and Training shall develop a training program for law enforcement officers investigating child abuse cases and interviewing child abuse victims. The curriculum shall address the area of training and education necessary to facilitate the skills necessary to investigate reports of child abuse. The curriculum shall include, but not be limited to:
(a) Assessment of risk to child;
(b) Dynamics of child abuse; and
(c) Legally sound and age appropriate interview and investigatory techniques.
(4) The department or duly authorized representative shall visit every certified foster home from time to time and as often as appears necessary to determine that such foster home consistently maintains the standards fixed by the department and that proper care is being given to the children therein. [Formerly 419.408; 1971 c.401 §46; 1989 c.998 §1; 1993 c.622 §§4,4a; 2005 c.22 §291; 2011 c.692 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.642 - Confidentiality of information about person who maintains foster home; exceptions; rules.

(1) Notwithstanding ORS 192.311 to 192.478, the name, address and other identifying information about a person who maintains a foster home are confidential and not accessible for public inspection.
(2) Notwithstanding subsection (1) of this section, the Department of Human Services may adopt rules that allow the department to disclose information about a person who maintains a foster home if the department deems:
(a) It necessary or advisable to protect the best interests of a child; or
(b) It necessary for the administration of the child welfare laws. [1999 c.465 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.643 - Denial of visitation by foster home as disciplinary measure prohibited.

A foster home shall not deny a parent or guardian of a child who is under the care of the foster home the right to visit the child solely as a disciplinary measure against the child. [1993 c.785 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 418 - Child Welfare Services › Section 418.644 - Interference with disclosure of information; rules.

(1) A foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the foster home, violations of licensing or certification requirements, criminal activity at the foster home, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the foster home to:
(a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the foster home; or
(b) A family member, guardian or other person who is acting on behalf of the child.
(2) A foster home interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information; or
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.
(3) The department may revoke or suspend the certificate of approval of a foster home that is found to have violated subsection (1) of this section.
(4) The department shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of:
(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or
(b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §13]