reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0440 - Medical Services "Permanent Planning"

Current through Register Vol. 63, No. 7, July 1, 2024
In cases designated permanent planning, the Department will
				make payments for necessary evaluations of parents, stepparents and/or live-in
				companions. This includes psychological, psychiatric and neurological
				evaluations, drug and alcohol assessments and parent-child interaction
				assessments. These services must be authorized in writing by the Adoption
				Services Unit prior to the services being provided.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0450 - Medical Consultation and Training for Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consultation and training for DHS staff
			 on health services problems will be paid upon approval of the Assistant Field
			 Administrator or designee. The consultant or trainer is not required to be
			 licensed or registered, nor to have an assigned provider number from
			 DMAP.
(2) Payment will be made only
			 where there is a contract which was written and signed prior to the performance
			 of services. (See OAR 413-330-0010.)
Stat. Auth.: ORS
				  418.005
Stats. Implemented: Title
				  XIX
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0500 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-050-0500  to 413-050-0590) provide
				procedures for the Department of Human Services (Department) to fund programs
				from the Domestic Violence Fund. The 1981 Oregon Legislature established this
				fund to provide intervention on behalf of and support for victims of domestic
				violence. The Department is authorized to enter into grant contracts with
				public agencies or private non-profit organizations to support operation by
				those organizations and agencies of programs designed to prevent, identify, and
				treat family violence
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610-108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Crisis line"
			 is defined in ORS 108.610(2) and
			 means an emergency telephone service staffed by persons who are trained to
			 provide emergency peer counseling, information, referral, and advocacy to
			 victims of domestic violence and their families.
(2) "Domestic and Sexual Violence Fund
			 Advisory Committee" means the Domestic and Sexual Violence Fund Advisory
			 Committee established in OAR 413-050-0530.
(3)
(a)
			 "Domestic violence", defined by ORS
			 108.610, means the physical
			 injury, sexual abuse or forced imprisonment, or threat thereof, of a person by
			 another person who is related by blood, marriage or intimate cohabitation at
			 the present or has been related at some time in the past, to the extent that
			 the person's health or welfare is harmed or threatened thereby.
(b) "Domestic violence" includes a pattern of
			 assaultive or coercive behaviors including physical, sexual, psychological, and
			 emotional abuses, as well as economic coercion that adults use against their
			 intimate partners to gain power and control in that relationship.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0515 - Qualified Services

Current through Register Vol. 63, No. 7, July 1, 2024
The Department uses the Domestic Violence Fund to make grants
				to nonprofit private organizations and public agencies to fund programs and
				projects designed to prevent, identify, and treat domestic violence. Grants
				from the Domestic Violence Fund may be made to:
(1) Fund shelter homes for victims of
			 domestic violence
(2) Fund crisis
			 lines providing services to victims of domestic violence and their
			 families
(3) Fund safe houses for
			 victims of domestic violence and their families
(4) Develop and establish programs for
			 professional and paraprofessional personnel in the fields of social work, law
			 enforcement, education, law, medicine, and other relevant fields who are
			 engaged in the field of the prevention, identification, and treatment of
			 domestic violence and training programs in methods of preventing domestic
			 violence
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0530 - Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Domestic
			 and Sexual Violence Fund Advisory Committee (DSVFAC) established in OAR
			 413-050-0530  serves as the advisory committee to the Domestic Violence Fund
			 Program. Members are elected and serve terms in accordance with the bylaws
			 established by the advisory committee. Copies of DSVFAC bylaws and other open
			 records are available by contacting the Department.
(2) The Department will consult with the
			 advisory committee regarding the administration of the Family Violence
			 Prevention Program and each proposed change that substantially affects the
			 program's operation.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610-108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0535 - Criminal History Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 grantee must obtain a criminal history record check on each potential employee
			 or volunteer who will work with victims of domestic violence.
(2) A grantee must develop a written policy
			 or procedure that governs the review of the criminal history record of
			 potential employees and volunteers and the determination of whether a potential
			 employee or volunteer, if there is a criminal history, poses a risk to working
			 safely with victims of domestic violence. The policy or procedure must provide
			 that the review include an examination of:
(a) The severity and nature of crime that
			 appears in the criminal history;
(b) The number of criminal
			 offenses;
(c) The time elapsed
			 since commission of each crime;
(d)
			 The circumstances surrounding each crime;
(e) The subject individual's participation in
			 counseling, therapy, education, or employment evidencing rehabilitation or a
			 change in behavior, and
(f) The
			 police or arrest report and whether that report confirms the employee's or
			 volunteer's explanation of the crime.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0555 - Shelter Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Grantees that provide shelter homes or shelter facilities
				must:
(1) Comply with applicable
			 zoning, fire, sanitary and safety regulations.
(2) Post emergency instructions in English
			 and other primary languages used in the geographic area where the shelter home
			 is located.
(3) Maintain an
			 operating telephone.
(4) Provide
			 drinking water that meets Health Division standards.
(5) Maintain medicines in locked cabinets or
			 areas.
(6) Have first aid supplies
			 available.
(7) Protect children
			 from items of potential danger.
(8)
			 Have kitchen and emergency food supplies available reflective of the cultures
			 present in the community.
(9) Have
			 emergency clothing available.
(10)
			 Maintain liability and fire insurance.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0560 - Allocation of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The Department uses an equitable distribution method for
				funding programs throughout the state. The distribution method must be reviewed
				by the Domestic and Sexual Violence Fund Advisory Committee.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0565 - Department Selection Criteria and Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will conduct periodically, at least once every
				five years, an application process for grant from the Domestic Violence Fund.
				The Department may conduct the application process jointly with other agencies
				of the State of Oregon that also award grants or provide financial assistance
				to nonprofit organizations that provide intervention and support services to
				victims of domestic violence. The application process includes but is not
				necessarily limited to:
(1) Public
			 notification of the availability of financial assistance from the Domestic
			 Violence Fund;
(2) Issuance of a
			 request for grant proposals; and
(3) Evaluation of the proposals and the award
			 of grants from the Domestic Violence Fund in accordance with the process and
			 criteria set forth in the request for grant proposals and this division of
			 administrative rules.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0570 - Applications for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
To be considered for funding, a proposer must include the
				following minimum information in its proposal:
(1) Official business name of the
			 proposer.
(2) Business address of
			 the proposer.
(3) Name of the
			 persons authorized to represent the proposer in any negotiations and to sign
			 grant contract documents.
(4)
			 Geographic areas the proposer is proposing to serve.
(5) A statement that no attempt has been made
			 or will be made by the proposer to induce any other person or firm to submit or
			 not submit a proposal, except through efforts to submit collaborative
			 proposals.
(6) A statement that the
			 proposer accepts all of the terms and conditions contained in the request for
			 grant proposals.
(7) A written
			 narrative describing how the proposer will provide services and meet the
			 requirements of these rules.
(8)
			 All other information required by the request for grant proposals.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0575 - Evaluation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 evaluation committee of the Department reviews proposals in accordance with the
			 process and criteria set forth in the request for grant proposals and this
			 division of administrative rules. Because the State of Oregon wishes to fund
			 programs to deal with victims of domestic violence offenses in all geographic
			 areas of the state, the Department considers, as part of the evaluation
			 process, the geographic area of the state that will be served by the
			 proposer.
(2) The Department will
			 approve, approve in part and reject in part, or reject each received proposal
			 within 60 days after the submission deadline.
(3) The Department will provide written
			 notification by mail to each proposer no later than five working days after the
			 final action is taken on its proposal.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0585 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a grantee
			 keeps the location of premises used to provide services under these rules
			 confidential, the Department will not release that information.
(2) Grantees must keep all individual
			 information relating to people served by programs operating under these rules
			 confidential.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  108.610 -
				  108.660
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules provide requirements for the Department and
				caseworkers for the Targeted Case Management Program.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0610 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Caseworker"
			 means a Child Welfare employee assigned primary responsibility for a child or
			 young adult served by Child Welfare.
(2) "Child " means a person under 18 years of
			 age.
(3) "Department" means the
			 Oregon Department of Human Services.
(4) "Eligible child or young adult" means an
			 individual who is found eligible for Medicaid and the Children's Health
			 Insurance Program (CHIP) by the Oregon Health Authority and eligible for case
			 management services (including TCM services) as defined in the Medicaid State
			 Plan at the time the services are furnished.
(5) "In-home setting" means the home of the
			 child or young adult's parent or legal guardian.
(6) "MMIS" means the Oregon Health
			 Authority's Health Systems Division (HSD) Medicaid Management Information
			 System.
(7) "OHA" means Oregon
			 Health Authority, the agency that manages the Oregon Medicaid
			 program.
(8) "Targeted Case
			 Management" or "TCM" means activities performed by the caseworker to assist
			 children in the target population to obtain necessary medical, social,
			 educational, counseling, or other services.
(9) "TCM assessment" means the act of
			 gathering information and reviewing historical and existing records of an
eligible child or young adult
in a target group to determine
			 the need for medical, educational, social, or other services. To perform a
			 complete
assessment
, the case manager must gather information
			 from family members, medical providers, social workers and educators, if
			 necessary.
(10) "Young adult" means
			 a person aged 18 through 20 years.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0625 - Target Population

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for Targeted Case Management services, a child
				or young adult in the care and custody of the Department must meet the
				following criteria:
(1) Be under age
			 21;
(2) Be Medicaid
			 eligible;
(3) Reside in an
in-home setting
, foster home, group home, residential care
			 facility and Public Institutions as defined in
			 42 CFR
			 435.1010, or in the Department's Independent
			 Living Program paid for and under the responsibility of the
			 Department;
(4) Reside in
			 Oregon;
(5) Be a citizen or legal
			 permanent resident of the United States; and
(6) Be ineligible for Title IV-E
			 funding.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0630 - Targeted Case Management Assessment and Service Categories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Targeted Case
			 Management services include:
(a)
			 Comprehensive TCM assessment and at a minimum an annual reassessment of
			 individual needs. These assessment activities may include:
(A) Documenting the child or young adult's
			 history;
(B) Evaluating the extent
			 and nature of the needs (medical, social, educational and other services) and
			 completing related documentation;
(C) Gathering information from other sources
			 such as the child or young adult's family members, medical providers, social
			 workers and educators, if necessary, to form a complete assessment of the child
			 or young adult;
(D) Developing and
			 periodically revising of the child or young adult's case plan that is based on
			 the information collected through assessments; specifies the goals and actions
			 to address the medical, social, educational and other services needed;
			 and
(E) Making referrals and
			 completing activities to help an eligible child or young adult obtain needed
			 services including activities that link the child or young adult with service
			 providers to meet identified needs and achieve goals specified in the case
			 plan.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0635 - Choice of Provider

Current through Register Vol. 63, No. 7, July 1, 2024
Children and young adults have the following service provider
				choices:
(1) Provision of any TCM
			 services does not restrict a child or young adult's choice of providers, in
			 accordance with
			 42 CFR
			 441.18(a).
(2) Subject to the Social Security Act,  42
			 USC 139  and  42 CFR 441.18(b), eligible children or young adults have the option
			 to choose from TCM service providers available to them.
(3) Eligible children or young adults have
			 the option to choose the providers or additional medical care covered by their
			 health plan in OAR 410-138-0020 (8).
(4) Eligible children or young adults have
			 rights to change caseworkers, in accordance with Rights of Children in OAR
			 413-010-0170  to 0180.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 50 - SUPPORTIVE SERVICES › Section 413-050-0670

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Child" means a
			 person who:
(a) Is under 18 years of age;
			 or
(b) Is under 21 years of age and
			 residing in or receiving care or services at a child-caring agency or proctor
			 foster home.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0010 - History and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In 2011, the
			 Oregon Legislature created requirements for Strengthening, Preserving and
			 Reunifying Families programs. These directives are codified in ORS
			 418.580 to 418.598. The goals of the
			 programs are to:
(a) Reduce the number of
			 children entering substitute care and reduce their length of stay in substitute
			 care;
(b) Reduce the trauma of CPS
			 involvement for children and families;
(c) Ensure families receive timely
			 family-focused services, while children remain safely at home;
(d) Improve collaboration between the
			 Department and its county partners, especially when those partners are
			 providing appropriate and necessary services to families; and
(e) Create better outcomes for children and
			 families involved with the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0020 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During a CPS
			 assessment, if a present danger safety threat or impending danger safety threat
			 has not been identified, a family is eligible to receive only the following
			 SPRF service types:
(a) Front-end
			 intervention.
(b) Navigator.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0030 - Referral for a SPRF Service

Current through Register Vol. 63, No. 7, July 1, 2024
To receive SPRF services, the Department must submit to the
				provider:
(1) A written service
			 referral approved by a supervisor; and
(2) A completed DHS form 2099.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  418.575-418.598
Statutes/Other Implemented: ORS
				  418.575-418.598
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0040 - CPS Assessment Closure or Department Case Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must close a SPRF service
			 immediately when:
(a) A CPS assessment
			 closes, and a Department case is not opened pursuant to OAR
			 413-015-0445;
(b) An other-admin
			 only case is closed; or
(c) A
			 Department case is closed.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0050 - Exception to CPS Assessment Closure: Other Admin-Only Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The only
			 services the Department may provide for an other admin-only case are SPRF
			 services.
(2) An other admin-only
			 case that is open after a CPS assessment may remain open for up to 90 days to
			 provide SPRF services, with the option of one 90-day extension. An extension
			 must be approved by the district manager, program manager or
			 designee.
(3) If the family
			 continues to need services in an other admin-only case, Department
			 responsibilities are limited to:
(a) Entering
			 and ending services;
(b) Validating
			 invoices for services;
(c)
			 Requesting and approving extensions; and
(d) Case closure.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0060 - Outcome Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All SPRF
			 services have client-focused functional outcome measures.
(2) SPRF outcomes are delineated by service
			 category and are in the SPRF Outcomes table, dated November 2017, which is
			 adopted as Exhibit 1 and incorporated by reference into this rule. A printed
			 copy may be obtained from the Department.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  418.575-418.598
Statutes/Other Implemented: ORS
				  418.575-418.598
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 53 - STRENGTHENING, PRESERVING AND REUNIFYING FAMILIES PROGRAM (SPRF) AND SPRF FLEXIBLE FUNDS › Section 413-053-0070 - Flexible Funds for SPRF

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Flexible funds may be negotiated as part of individual SPRF contracts.
			 Including flexible funds in a contract is optional and based on agreement
			 between the Department and the contractor.
(2) A contractor may use flexible funds to
			 support engagement with the family and to achieve the contracted outcomes and
			 services goals that correlate with the SPRF services provided in the individual
			 SPRF contract.
(3) Flexible funds
			 expenditures that meet the requirements of this division and contract-specific
			 criteria will be reimbursed by the Department.
(4) When appropriate, flexible funds should
			 be utilized to support fulfilling active efforts for Indian children.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  418.575-418.598
Statutes/Other Implemented: ORS
				  418.575-418.598
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0100 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-055-0100  to 413-055-0165) establish the
				policies of the Department of Human Services (Department) relating to the
				funding of sexual assault crisis centers and crisis lines authorized by ORS
				409.279. This program was
				established to provide intervention on behalf of and support for victims of
				sexual offenses. The Department is authorized to enter into grant agreements
				with private, non-profit agencies to support the delivery by those agencies of
				intervention and support services to victims of sexual offenses and their
				families.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 413-055-0100  to 413-055-0165:
(1) "Crisis Center" means a location in which
			 there are paid personnel or crisis volunteers who are trained to provide crisis
			 services, including but not limited to intervention, peer support, information
			 and referral, advocacy, outreach, and community education to survivors of
			 sexual assault and their families.
(2) A "grantee" is a proposer that has been
			 awarded a grant by the Department from the Sexual Assault Victims Fund to
			 support the delivery of services to victims of sexual assault and their
			 families.
(3) A "proposer" is a
			 private, non-profit agency that meets the minimum criteria contained in OAR
			 413-055-0120  and makes an application to the Department for a grant from the
			 Sexual Assault Victims Fund to support the operation of qualified programs as
			 described in OAR 413-055-0110.
(4)
			 "Sexual Assault" means any touch or act for which informed consent is not given
			 that is sexual in content or used for sexual gratification or stimulation of
			 the perpetrator by either threat of force, force, intimidation, trickery,
			 coercion, or bribery where an imbalance exists because of size, strength,
			 authority, age, development, or knowledge. It includes rape, oral and anal
			 sodomy, exhibitionism, voyeurism, obscene phone calls, sexual pictures, and
			 prostitution.
(5) "Sexual Assault
			 Victims Fund" means the fund created by ORS
			 409.285.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0110 - Qualified Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department uses the Sexual Assault Victims Fund to fund grants to private,
			 non-profit agencies to support the delivery of intervention and support
			 services to victims of sexual offenses and their families. The agencies
			 receiving funds must be either crisis lines or sexual assault
			 centers.
(2) The support and
			 intervention services supported in whole or in part with grant funds from the
			 Sexual Assault Victims Fund must be made accessible and available to all
			 persons who reside in the area served by the agency who may need the services
			 without regard to whether criminal charges were filed. If the grantee is unable
			 to provide necessary services to a client, it must refer the client to
			 alternative community resources.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0120 - Criminal History Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 grantee must obtain a criminal history record check on each potential employee
			 or volunteer who will work with victims of sexual assault.
(2) A grantee must develop a written policy
			 or procedure that governs the review of the criminal history record of
			 potential employees and volunteers and the determination of whether a potential
			 employee or volunteer, if there is a criminal history, poses a risk to working
			 safely with victims of sexual assault. The policy or procedure must provide
			 that the review include an examination of:
(a)
			 The severity and nature of crime that appears in the criminal
			 history;
(b) The number of criminal
			 offenses;
(c) The time elapsed
			 since commission of each crime;
(d)
			 The circumstances surrounding each crime;
(e) The subject individual's participation in
			 counseling, therapy, education, or employment evidencing rehabilitation or a
			 change in behavior, and
(f) The
			 police or arrest report and whether that report confirms the employee's or
			 volunteer's explanation of the crime.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0140 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will conduct periodically, at least once every
				five years, an application process for grants from the Sexual Assault Victims
				Fund. The Department may conduct the application process jointly with other
				agencies of the State of Oregon who also award grants or provide financial
				assistance to nonprofit organizations that provide intervention and support
				services to victims of sexual offenses and their families. The application
				process will include but not necessarily be limited to:
(1) Public notification of the availability
			 of financial assistance from the Sexual Assault Victims Fund.
(2) Issuance of a request for grant
			 proposals.
(3) Evaluation of the
			 proposals and the award of grants from the Sexual Assault Victims Fund in
			 accordance with the process and criteria set forth in the request for grant
			 proposals and this division of administrative rules.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0145 - Proposals for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
To be considered for funding, a proposer must include the
				following minimum information in its proposal:
(1) Official business name of the
			 proposer.
(2) Business address of
			 the proposer.
(3) Name of the
			 persons authorized to represent the proposer in any negotiations and to sign
			 grant agreement documents.
(4)
			 Geographic areas the proposer is proposing to serve.
(5) A statement that no attempt has been made
			 or will be made by the proposer to induce any other person or firm to submit or
			 not submit a proposal, except through efforts to submit collaborative
			 proposals.
(6) A statement that the
			 proposer accepts all of the terms and conditions contained in the request for
			 grant proposals.
(7) A statement
			 that the proposer is a private, non-profit organization.
(8) A written narrative describing how the
			 proposer will provide services and meet the requirements of these
			 rules
(9) All other information
			 required by the request for grant proposals.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0150 - Proposal Evaluation Process

Current through Register Vol. 63, No. 7, July 1, 2024
Proposals are reviewed by an evaluation committee of the
				Department in accordance with the process and criteria set forth in the request
				for grant proposals and this division of administrative rules. The Department
				will approve, approve in part and reject in part, or reject each received
				proposal within 60 days after the submission deadline. Written notification is
				mailed to the proposer no later than five working days after the final actions
				are taken on the proposals. Because the State of Oregon wishes to fund programs
				to deal with victims of sexual offenses in all geographic areas of the state,
				the Department considers, as part of the evaluation process, the geographic
				area of the state that will be served by the proposer.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0160 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a grantee
			 keeps the location of premises used to provide services under these rules
			 confidential, the Department will not release that information.
(2) Grantees must keep all individual
			 information relating to people served by programs operating under these rules
			 confidential.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 55 - SEXUAL ASSAULT VICTIMS FUND › Section 413-055-0165 - Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The Advisory Committee on Domestic and Sexual Violence
				established in OAR 413-050-0530  advises the Department regarding its use of the
				Sexual Assault Victims Fund.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  409.270 -
				  409.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules define eligibility criteria for family planning
				services, describe the services to be provided, and the responsibilities SOSCF
				has to provide these services.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  435.205 -
				  435.235
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0010 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
The following persons or families are eligible to receive
				family planning services:
(1) Families
			 who request family planning information.
(2) Children who are in the legal custody and
			 care of the State Office for Services to Children and Families.
(3) Minor children who are 15 years of age
			 and older who request family planning information.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  435.205 -
				  435.235
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0020 - Family Planning Services

Current through Register Vol. 63, No. 7, July 1, 2024
Family planning services provided by the State Office for
				Services to Children and Families include:
(1) Referrals to appropriate family planning
			 resource for consultation and treatment; or
(2) Counseling and information regarding
			 avoiding unwanted pregnancy, termination of pregnancy, maintaining the desired
			 family size and the spacing of children.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  435.205 -
				  435.235
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0030 - Service Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The State Office for Services to Children and Families will be
				responsible to:
(1) Explore the need
			 for and interest in family planning services of children who are in the legal
			 custody of the State Office for Services to Children and Families and provide
			 appropriate family planning information or referral.
(2) Provide family planning information or a
			 referral to an appropriate family planning resource to minors 15 years of age
			 and older who request family planning information.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  435.205 -
				  435.235
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Child sexual offenders characteristically begin their offending
				behaviors in early adolescence or younger. The sooner intervention can occur in
				this cycle, the better the offender can be taught to control his/her deviant
				actions. Because the treatment methods may be of an intrusive nature, these
				guidelines are set forth to help determine the appropriate type of treatment.
				This policy applies only to those who have been adjudicated for sex
				offenses.
Stat. Auth.: HB 2004
Stats. Implemented: HB
				  2004
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "A.T.S.A."
			 means Association for the Treatment of Sex Abusers.
(2) "Aversion Therapy" means behavioral
			 therapy procedure which pairs a noxious smell with deviant sexual
			 stimuli.
(3) "Behavioral Therapy"
			 means therapy that attempts to decrease deviant sexual arousal and gives the
			 offender tools for self-control.
(4) "Boredom Tapes" means homework
			 assignments designed to reduce deviant arousal by satiation.
(5) "Cognitive Therapy" means therapy which
			 attempts to alter the manner in which clients think about life and change their
			 cognitive distortions.
(6) "Covert
			 Positive Reinforcement" means therapy which attempts to pair the chain of
			 events leading to a sexual assault with a self-initiated interruption scene
			 followed by a reward scene.
(7)
			 "Covert Sensitization" means therapy that attempts to reduce deviant arousal by
			 instantly pairing pre-assault behaviors with highly aversive
			 fantasies.
(8) "Deviant Sexual
			 Fantasies" means fantasizing and becoming sexually aroused to children or
			 violent themes.
(9)
			 "Plethysmograph" means a device for measuring the sexual response pattern of a
			 male or female client. It is called a penile plethysmograph for males and
			 photoplethysmograph for females.
(10) "Polygraph" means an instrument that
			 simultaneously records changes in such physiological processes as heartbeat,
			 blood pressure, and respiration, and is often used as a lie detector.
(11) "Risk" means the potential for
			 reoffending and for resisting or failing in treatment.
Stat. Auth.: HB 2004
Stats. Implemented: HB
				  2004
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0420 - Eligibility for Services

Current through Register Vol. 63, No. 7, July 1, 2024
Children under the age of 18 years, in the care, custody, and
				control of the State Office for Services to Children and Families, who have
				been adjudicated for sex offenses.
Stat. Auth.: HB 2004
Stats. Implemented: HB
				  2004
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0430 - Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Preliminary
			 Assessment. Assessment for treatment planning of juveniles with sexually
			 aggressive behaviors should proceed only after adjudication has occurred:
(a) The goals of sexual offender specific
			 treatment are:
(A) To stop sexually offending
			 behavior;
(B) To protect members of
			 society from further sexual victimization;
(C) To prevent other aggressive or abusive
			 behaviors which the offender may manifest; and
(D) To promote healthy sexual
			 development.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 60 - COUNSELING AND TREATMENT SERVICES › Section 413-060-0440 - Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Treatment in
			 specialized offense-specific peer groups is the treatment of choice, and must
			 address aggressive and exploitive behaviors. The family should be a key part of
			 the treatment planning. The treatment is to be geared toward the chronological
			 and developmental needs of the offender. Treatment issues to be addressed for
			 all risk categories include the following:
(a) Substance abuse intervention;
(b) Sex education;
(c) Educational assessment for remedial or
			 special education referrals;
(d)
			 Social skills training;
(e)
			 Assertiveness training;
(f) Anger
			 management;
(g) Victimization
			 issues - (sexual, physical, and emotional) their own and their
			 victims;
(h) Family
			 therapy;
(i) Cognitive
			 restructuring;
(j) Values
			 clarification;
(k) Stress
			 management;
(l) Cycle
			 recognition/self-intervention;
(m)
			 Relaxation/biofeedback.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 413, division
				70.
(1) "Adoption" means a legal or
			 administrative process that establishes a permanent legal parent-child
			 relationship between a child and an adult who is not already the child's legal
			 parent and terminates the legal parent-child relationship between the adopted
			 child and any former parent.
(2)
			 "Adoptive resource" means an individual or individuals selected by the
			 Department, another public child welfare agency, or a licensed adoption agency
			 as the adoptive family for a child where no administrative review was requested
			 within the timeframe allowed for such a request, or if a review was requested,
			 the selection has been sustained by that review and the review is
			 complete.
(3) "Affected family
			 members" means biological and legal parents, extended family members, and any
			 person within the fifth degree of consanguinity to the child.
(4) "Age-appropriate or developmentally
			 appropriate activities" means:
(a) Activities
			 or items that are generally accepted as suitable for children or young adults
			 of the same chronological age or level of maturity or that are determined to be
			 developmentally appropriate for a child or young adult, based on the
			 development of cognitive, emotional, physical, and behavioral capacities that
			 are typical for an age or age group; and
(b) In the case of a specific child or young
			 adult, activities or items that are suitable for the child or young adult based
			 on the developmental stages attained by the child or young adult with respect
			 to the cognitive, emotional, physical, and behavioral capacities of the child
			 or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OAR 413-070-0010  to 413-070-0030  implement the Multiethnic Placement Act of
			 1994, which applies to all activities of the Department and to all private
			 child placement and adoption agencies who directly or indirectly receive
			 federal funds.
(2) The purpose of
			 OAR 413-070-0010  to 413-070-0030  is to:
(a)
			 Decrease the length of time a child waits to be adopted;
(b) Prevent discrimination in foster care and
			 adoption; and
(c) Promote the
			 recruitment of ethnic and minority families that reflect the children in the
			 child welfare system. These rules establish a policy of non-discrimination in
			 the practice of foster and adoptive placement of children, and in the
			 recruitment and selection of family resources.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0015 - Denials or Delays of Placement Based on Race, Color or National Origin Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 making placement decisions, the Department and entity must be guided by the
			 best interest of the child. Placements must be made in the context of an
			 individualized assessment of the needs of the child, and an assessment of the
			 ability of a potential foster or adoptive family to meet those needs.
(2) Except as provided in section
			 (3) of this rule the Department and entity may not delay or deny the placement
			 of a child for adoption or into foster care on the basis of the race, color, or
			 national origin of the adoptive or foster parent or the child involved or
			 consider the race, color, or national origin of a child or of a prospective
			 adoptive or foster parent as factors in making adoptive or foster placement
			 decisions.
(3) The Department and
			 entity may only consider the race, color, or national origin when an
			 individualized assessment of the child identifies compelling special
			 circumstances, such as an older child's statement of preference, and
			 consideration of race, color, or national origin in the placement decision is
			 the only way to achieve the best interest of that child.
(4) The Department and entity may consider
			 the needs of a child related to cultural heritage, such as specific language
			 needs, when making individualized placement decisions. However, the Department
			 and entity may not use routine cultural heritage assessments as a substitute
			 for considering race, color, or national origin or otherwise considering the
			 cultural heritage needs of a child in a manner that would circumvent the
			 general prohibition against considering the race, color, or national origin of
			 a child when making placement decisions.
(5) The Department and entity may not honor
			 the request of birth parents to place their child who was either voluntarily or
			 involuntarily removed, with adoptive or foster parents of a specific racial,
			 ethnic, or cultural group, except as provided in section (2) of this
			 rule.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005