reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0180 - Professional Responsibilities of a Foster Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) TRAINING AND DEVELOPMENT. A foster
			 provider must:
(a) Complete at least 15 hours
			 of pre-service training prior to initial certification and 10 hours annually
			 for certification renewal. The Department or certifying agency may require the
			 foster provider to complete additional training based on the needs of a child
			 receiving services in their child foster home.
(b) Participate in training provided or
			 approved by the Department or certifying agency. Such training must include
			 educational opportunities designed to enhance the awareness, understanding, and
			 skills of the foster provider to support the needs of a child placed in their
			 child foster home.
(c) Complete
			 mandatory reporter training prior to initial certification and annually
			 thereafter. Mandatory reporter training must be appropriate to the ages of the
			 individuals living in the child foster home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0185 - Abuse and Incident Handling and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ABUSE REPORTING.
(a) A foster provider and their employees,
			 alternate caregivers, and volunteers are mandatory reporters according to ORS
			 419B.005 through
			 419B.015. Mandatory reporters
			 are required to immediately report to DHS-CW or the local law enforcement
			 agency suspected abuse as defined by ORS
			 419B.005. Complying with this
			 requirement is a condition of certification of a child foster home.
(b) A foster provider and their employees,
			 alternate caregivers, and volunteers are also required to immediately report to
			 DHS-CW suspected abuse as defined by ORS
			 418.257. Complying with this
			 requirement is a condition of certification of a child foster home.
(c) When a foster provider makes a report of
			 abuse under this section, the foster provider must immediately notify all of
			 the following:
(A) The child's case management
			 entity.
(B) The local law
			 enforcement agency if there is reason to suspect a crime has
			 occurred.
(C) The Child Welfare
			 caseworker if the child is in the legal custody of DHS-CW
(d) A foster provider who has an employee
			 must provide the employee annual training and written materials on abuse
			 reporting requirements.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0190 - Standards and Practices for Care and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A foster provider is responsible for
			 supervision and must:
(a) Provide structure
			 and daily activities designed to promote a child's physical, social,
			 intellectual, cultural, spiritual, and emotional development.
(b) Provide playthings and activities in the
			 child foster home, including games, recreational and educational materials, and
			 books, appropriate to a child's chronological age, culture, and developmental
			 level.
(c) In accordance with a
			 child's ISP and as defined in an ODHS-CW Case Plan (if applicable), encourage
			 the child to participate in age-appropriate and developmentally-appropriate
			 activities including, but not limited to, extracurricular, enrichment,
			 cultural, and social activities, and support the child's participation in such
			 activities with the child's family, friends, and on the child's own when
			 appropriate.
(d) Promote a child's
			 independence and self-sufficiency by encouraging and assisting the child to
			 develop new skills and perform age-appropriate tasks.
(e) In accordance with a child's ISP and as
			 defined in an ODHS-CW Case Plan (if applicable), ask the child to participate
			 in household chores appropriate to the child's age and ability that are
			 commensurate with household chores expected of the foster provider's
			 children.
(f) Provide a child with
			 reasonable access to a telephone and to writing materials.
(g) In accordance with a child's ISP and as
			 defined in an ODHS-CW Case Plan (if applicable), permit and encourage the child
			 to have visits with the child's family and friends.
(h) Allow a child regular contact and private
			 visits or phone calls with their CDDP services coordinator and ODHS-CW case
			 worker (if applicable).
(i) Not
			 allow a child in foster care to baby-sit in the child foster home or elsewhere
			 without the permission of their CDDP services coordinator and
			 guardian.
(j) When appropriate,
			 allow a child's parent or guardian to attend to their child in the foster home
			 when prior approval from the Department has been granted.
(A) The foster home provider must request
			 Department approval using the "Child Foster Home Parent/Guardian Attending to
			 Child Request for Approval" form.
(B) The CDDP managing the child's case must
			 submit the form to the Department for review.
(C) If Department approval is granted, the
			 foster provider shall continue to serve as the primary person responsible for
			 the child's supervision.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0195 - Restraint and Involuntary Seclusion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PROHIBITIONS
(a) A child may not be placed in involuntary
			 seclusion.
(b) A child may not be
			 placed in a restraint except as described in section (2) of this
			 rule.
(c) The use of any of the
			 following types of restraint of a child is prohibited:
(A) A restraint with any of the following
			 characteristics:
(i) Abusive.
(ii) Aversive.
(iii) Coercive.
(iv) Demeaning.
(v) Disciplinary.
(vi) For convenience.
(vii) Punishment.
(viii) Retaliatory.
(B) Chemical restraint.
(C) Mechanical restraint.
(D) Prone restraint.
(E) Supine restraint.
(F) 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's movement, unless the restraint is
			 necessary to gain control of a weapon. The use of a solid object is not
			 prohibited when the object is used solely for the stability and support of the
			 person placing the child in a restraint and the object does not apply pressure
			 to the child's body.
(G) Any
			 restraint that places, or creates a risk of placing, pressure on a child's neck
			 or throat.
(H) Any restraint that
			 places, or creates a risk of placing, pressure on a child's mouth, unless the
			 restraint is necessary for the purpose of extracting a body part from a
			 bite.
(I) Any restraint that
			 impedes, or creates a risk of impeding, a child's breathing.
(J) Any restraint that involves the
			 intentional placement of any object or a hand, knee, foot, or elbow on a
			 child's neck, throat, genitals, or other intimate parts.
(K) Any restraint that causes pressure to be
			 placed, or creates a risk of causing pressure to be placed, on a child's
			 stomach, chest, joints, throat, or back by a knee, foot, or elbow.
(L) Any other action, the primary purpose of
			 which is to inflict pain.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0200 - Environmental Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) GENERAL
			 CONDITIONS.
(a) The buildings and furnishings
			 must be clean and in good repair and grounds must be maintained and accessible
			 according to the needs of the children residing in the home.
(b) Walls, ceilings, windows, and floors must
			 be of such character to permit frequent washing, cleaning, or
			 painting.
(c) There must be no
			 accumulation of garbage, debris, or rubbish.
(d) The home must have a safe, properly
			 installed, maintained, and operational heating system. Areas of the home used
			 by the child in foster care must be maintained at normal comfort range during
			 the day and during sleeping hours. During times of extreme summer heat, the
			 foster provider must make reasonable effort to make the child comfortable using
			 available ventilation, fans, or air-conditioning.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0210 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant a variance to these rules based upon a demonstration by a foster
			 provider that an alternative method or different approach provides equal or
			 greater program effectiveness and does not adversely impact the welfare,
			 health, safety, or rights of a child or violate state or federal
			 laws.
(2) A foster provider
			 requesting a variance must submit a completed ODDS Variance Request (form 6001)
			 to their CDDP., The completed variance request (form 6001) must contain all of
			 the following:
(a) The section of the rule
			 from which the variance is sought.
(b) The reason for the proposed
			 variance.
(c) The alternative
			 practice, service, method, concept, or procedure proposed.
(d) If the variance applies to the services
			 of a child, evidence that the variance is consistent with the child's currently
			 approved ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0230 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon written
			 notice of denial, suspension, revocation, or non-renewal of a certificate from
			 the Department, an applicant or foster provider may request a contested case
			 hearing to appeal the decision pursuant to ORS
			 183.413 to
			 183.470.
(2) The written request must be submitted
			 within 10 days of the denial, suspension, revocation, or non-renewal
			 notification date and must specifically state the reasons for the appeal.
Stat. Auth.: ORS
				  409.050 &
				  443.835
Stats. Implemented: ORS
				  430.215,
				  443.830,
				  443.835
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0240 - Standards for Entry, Transfer, Exit, and Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NON-DISCRIMINATION. A child may not be
			 denied services in a child foster home or otherwise discriminated against on
			 the basis of race, color, religion, sex, gender identity, sexual orientation,
			 national origin, marital status, age, disability, source of income, duration of
			 Oregon residence, or other protected classes under federal and Oregon Civil
			 Rights laws.
(2) ELIGIBILITY. A
			 child who enters a child foster home is subject to eligibility as described in
			 this section. To be eligible for services in a child foster home, a child must
			 meet the following requirements:
(a) Be an
			 Oregon resident who meets the residency requirements in OAR
			 461-120-0010.
(b) Be receiving:
(A) A Medicaid Title XIX benefit package
			 through OSIPM or HSD medical programs; or
(B) A benefit package through the Healthier
			 Oregon medical program.
(c) Be determined eligible for:
(A) Developmental disabilities services by
			 the CDDP of the county of origin as described in OAR
			 411-320-0080; or
(B) Services for Aging and People with
			 Disabilities as described in OAR chapter 411, division 015.
(d) Meet the level of care as
			 defined in OAR 411-317-0000.
(e) Not receive other Department-funded
			 in-home, community living support, or other services in another residential
			 setting.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0250 - Foster Provider Eligibility for Medicaid Service Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A foster
			 provider must have an approved prior authorization for services in the
			 Department's electronic payment and reporting system prior to entering a claim
			 for a day of service. The prior authorization includes the dates of authorized
			 services and the funding amount allocated for the services.
(2) A foster provider may only enter a claim
			 for a day of service when:
(a) A child sleeps
			 in the child foster home overnight; or
(b) A child does not sleep in the child
			 foster home overnight, but intends to return to the child foster home, and the
			 foster provider was responsible for and provided an accumulated period of eight
			 hours for the primary care, support, safety, and well-being of the child,
			 including any of the following:
(A) Providing
			 intermittent physical support or care.
(B) Providing stand-by support with the
			 ability to respond in person within the response times agreed upon by the ISP
			 team.
(C) Being responsible to
			 communicate reciprocally within the response times agreed upon by the ISP team
			 based on a child's identified support need and as documented in the child's
			 most current ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 348, in addition to the rules in OAR chapter 411,
			 divisions 318 and 323, prescribe standards, responsibilities, and procedures
			 for a Host Home Program delivering home and community-based services to
			 children with intellectual or developmental disabilities, including:
(a) The provision of services based on
			 assessed need to provide daily living support, preserve safety, and support
			 community-based living for children receiving services in a Host Home
			 setting;
(b) Development,
			 management, and support for a Host Home setting; and
(c) Transition support and planning for
			 children entering and exiting Host Home placements.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0025 - Program Management, Endorsement, Certification, and Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CERTIFICATION,
			 ENDORSEMENT, AND ENROLLMENT. To operate a Host Home Program, a program provider
			 must have:
(a) A Medicaid agency certificate
			 and an endorsement for a Host Home Program as set forth in OAR chapter 411,
			 division 323; and
(b) A Medicaid
			 Provider Identification Number assigned by the Department as described in OAR
			 chapter 411, division 370.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0030 - Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person,
			 agency, or governmental unit acting individually or jointly with any other
			 person, agency, or governmental unit shall establish, conduct, maintain,
			 manage, or operate a Host Home Program without being licensed for each
			 residential training home operating as a Host Home.
(2) A license is not transferrable and is
			 only applicable to the location, home, and program provider, management agent,
			 or ownership indicated on the application and license.
(3) The Department issues a license to an
			 applicant found to be in compliance with these rules and the rules in OAR
			 chapter 411, divisions 004, 318, and 323. A license is in effect for two years
			 from the date issued unless revoked, suspended, or surrendered.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0040 - Application for Initial License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At least 30 calendar days prior to anticipated licensure, an applicant must
			 submit an application, an In-Residence Caregiver Applicant Study, and required
			 non-refundable fee in the amount in accordance with ORS
			 443.416. The application is
			 provided by the Department and must include all information requested by the
			 Department.
(2) The application
			 must identify the number of children the Host Home is presently capable of
			 supporting at the time of application, in accordance with the capacity
			 requirements described in OAR
			 411-348-0100. For the purposes
			 of license renewal, the number of beds to be licensed may not exceed the number
			 identified on the license to be renewed unless approved by the
			 Department.
(3) The initial license
			 application must include:
(a) A copy of any
			 lease agreements or contracts, management agreements or contracts, or sales
			 agreements or contracts, relative to the operation and ownership of the
			 home;
(b) A floor plan of the home
			 showing the location and size of rooms, emergency escape and rescue openings,
			 exit doorways, smoke alarms, and extinguishers; and
(c) A copy of the In-Residence Caregiver
			 Applicant Study completed by the program provider according to OAR
			 411-348-0045.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0050 - License Expiration, Termination of Operations, and License Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless revoked,
			 suspended, or terminated earlier, each license to operate a Host Home expires
			 two years following the date of issuance.
(2) If the operation of a Host Home is
			 discontinued for any reason, the license is considered to have been
			 terminated.
(3) Each license is
			 considered void immediately if the operation of a Host Home is discontinued by
			 voluntary action of the licensee, if there is a change in ownership, or if
			 there is a change in the in-residence caregiver.
(4) The license must be returned to the
			 Department immediately upon suspension or revocation of the license or when
			 operation is discontinued.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0060 - License Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may attach conditions to a license that limit,
				restrict, or specify other criteria for the operation of a Host Home. The type
				of condition attached to a license must directly relate to the risk of harm or
				potential risk of harm to children receiving services in the Host Home.
(1) The Department may attach a condition to
			 a license upon any of the following findings:
(a) Information on the application or initial
			 inspection requires a condition to protect the health, safety, or welfare of
			 children.
(b) A threat to the
			 health, safety, or welfare of a child exists.
(c) There is evidence of abuse.
(d) The Host Home is not being operated in
			 compliance with these rules or the rules in OAR chapter 411, divisions 004,
			 304, 318, and 323.
(e) A program
			 provider is licensed to provide services for a specific child only and further
			 placements may not be made into the Host Home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0070 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license is
			 renewable upon submission of an application to the Department, any updated
			 information pertaining to the In-Residence Caregiver Applicant Study, and the
			 payment of the required non-refundable fee in accordance with ORS
			 443.415.
(2) An application for license renewal must
			 be submitted 60 calendar days prior to the expiration date of the current
			 license. Filing of an application and required information prior to the
			 expiration date of a license extends the effective date of the current license
			 until the Department acts upon the renewal application.
(3) If the renewal application and fee are
			 not submitted prior to the expiration date of a license, the Host Home is
			 unlicensed and subject to the civil penalties described in OAR
			 411-348-0460. An unlicensed
			 program provider is ineligible for Medicaid service payment for the time a Host
			 Home is unlicensed.
(4) The
			 Department shall conduct a licensing review of the Host Home prior to the
			 renewal of a license. The licensing review shall be unannounced, conducted
			 30-120 calendar days prior to the expiration of the license, and review
			 compliance with these rules and the rules in OAR chapter 411, divisions 004,
			 318, and 323.
(5) The Department
			 may not renew a license if the Host Home is not substantially in compliance
			 with these rules or if the State Fire Marshal or the State Fire Marshal's
			 authorized representative has given notice of noncompliance according to ORS
			 479.220.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0090 - Change of Ownership, Legal Entity, Legal Status, Management Corporation, and In-Residence Caregiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 program provider must notify the Department in writing of any pending change in
			 ownership or legal entity, legal status, management corporation, or
			 in-residence caregiver.
(2) A new
			 license is required upon change in ownership, legal entity, legal status, or
			 in-residence caregiver. The program provider must submit a license application
			 and required fee at least 30 calendar days prior to change in ownership, legal
			 entity, legal status, or in-residence caregiver.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0100 - Capacity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Host Home may
			 only have a capacity to serve up to two children enrolled in
			 services.
(2) The capacity of a
			 Host Home is based on consideration of the following factors:
(a) The physical requirements as specified by
			 these rules; and
(b) The number of
			 children not enrolled in services and care-dependent adults residing in the
			 Host Home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0110 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant a variance to these rules based upon a program provider's
			 demonstration that an alternative method or different approach provides equal
			 or greater effectiveness and does not violate state or federal laws or
			 adversely impact children's welfare, health, safety, or rights.
(2) A program provider must submit a variance
			 request to the CDDP. The variance request must be on the applicable Department
			 form and contain the following:
(a) The
			 section of the rule from which the variance is sought;
(b) The reason for the proposed
			 variance;
(c) The alternative
			 practice, service, method, concept, or procedure proposed; and
(d) If the variance applies to the services
			 for a child, evidence the variance is consistent with the child's currently
			 authorized ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0120 - Medical Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) POLICY
			 AND PROCEDURE. A program provider must have and implement written policies and
			 procedures that maintain and protect a child's physical health. The policies
			 and procedures must address the following:
(a) Child health care needs;
(b) Medication administration;
(c) Medication storage and
			 disposal;
(d) Response to emergency
			 medical situations;
(e) Medical
			 care coordination with the child's health insurance, health care plan coverage,
			 or health care team as applicable;
(f) Nursing services, if provided;
			 and
(g) Early detection and
			 prevention of infectious disease.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0130 - Food and Nutrition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 in-residence caregiver must offer three nutritious meals and two snacks daily.
			 Meals must be offered at times consistent with those in the community.
(a) Daily meals must include food from the
			 four basic food groups according to the United States Department of Agriculture
			 (USDA) and include fresh fruits and vegetables when in season, unless otherwise
			 specified in writing by a health care provider.
(b) There must be no more than a 14-hour span
			 between the evening meal and breakfast, unless snacks and liquids are served as
			 supplements.
(c) Food preparation
			 must include consideration of the cultural and ethnic background, as well as
			 the food preferences of a child. Special consideration must be given to
			 children with chewing difficulties or other eating limitations as described in
			 section (3) of this rule.
(d) If a
			 child is away from the Host Home during a mealtime, the in-residence caregiver
			 must make arrangements for the child to have the meal available to the child at
			 a time consistent with the community standard time range for the meal offered
			 away from the Host Home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0140 - Physical Environment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 floors, walls, ceilings, windows, furniture, and fixtures must be kept in good
			 repair, clean, and free from odors. Walls, ceilings, and floors must be of such
			 character to permit frequent washing, cleaning, or painting.
(2) The interior and exterior must be well
			 and safely maintained and accessible according to children's needs.
(3) The water supply and sewage disposal must
			 meet the requirements of the current rules of the Oregon Health Authority
			 governing domestic water supply.
(4) A public water supply must be utilized if
			 available. If a non-municipal water source is used, a sample must be collected
			 yearly by a provider, sanitarian, or technician from a certified water-testing
			 laboratory. The water sample must be tested for coliform bacteria and action
			 taken to ensure potability. Test records must be retained for three
			 years.
(5) Septic tanks or other
			 non-municipal sewage disposal systems must be in good working order.
(6) Incontinence garments must be disposed of
			 in closed containers.
(7) A program
			 provider must establish and implement a policy for the appropriate disposal of
			 biohazards and medical waste.
(8)
			 All heating and cooling devices and systems must be installed in accordance
			 with current building codes and must be in working order. Areas of a Host Home
			 used by children must be maintained at a temperature within a comfort range
			 reasonable for the children residing in the Host Home. Minimum temperatures
			 when children are in the Host Home may not be less than 60 degrees Fahrenheit.
(a) During times of extreme summer heat, a
			 program provider, in-residence caregiver, and staff must make every reasonable
			 effort to make the children comfortable and safe using ventilation, fans, or
			 air conditioners. The temperature in a home may not exceed 85 degrees
			 Fahrenheit.
(b) If a child's needs
			 require a strictly maintained temperature or temperatures outside of a
			 reasonable comfort range, a program provider, in-residence caregiver, or staff
			 must maintain the environment according to the child's needs as directed by a
			 health care provider and as identified in the child's ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0150 - General Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All toxic
			 materials, including, but not limited to poisons, chemicals, rodenticides, and
			 insecticides must be:
(a) Properly
			 labeled;
(b) Stored in the original
			 container separate from all foods, food preparation utensils, linens, and
			 medications; and
(c) Stored in a
			 locked area unless the Risk Tracking records for all children residing in a
			 Host Home document that there is no risk present.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0170 - Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Host
			 Home must have in-residence caregivers or staff present appropriate to the
			 number of all of the following:
(a) Children
			 receiving services to meet the needs of the children in accordance with each
			 child's ISP;
(b) Other children in
			 the Host Home; and
(c)
			 Care-dependent adults.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0180 - Individual Summary Sheets

Current through Register Vol. 63, No. 7, July 1, 2024
A program provider must maintain a current one to two-page
				summary sheet for each child receiving services from the program provider. A
				copy of the summary sheet must be maintained by the program provider and at the
				Host Home. The record must include all of the following:
(1) The child's name, current and previous
			 address, date of entry into the Host Home, date of birth, gender identity, sex,
			 religious preference, current hospital, medical prime number and private
			 insurance number (where applicable), and guardianship information.
(2) A photo of the child taken within the
			 last year.
(3) The name, address,
			 and telephone number of the following:
(a)
			 The child's family, parent, guardian, advocate, or other significant
			 person.
(b) The child's current
			 physician, secondary physician, or clinic.
(c) The child's current dentist.
(d) The child's current pharmacy.
(e) The child's current school and
			 educational surrogate, if applicable.
(f) The child's CDDP services
			 coordinator.
(g) The child's
			 behavior professional, when professional behavior services are actively
			 involved with the development of a Temporary Emergency Safety Plan, Functional
			 Behavior Assessment, or Positive Behavior Support Plan, or the maintenance of
			 the Positive Behavior Support Plan.
(h) Other representatives providing services
			 to the child including an attorney or CASA (Court Appointed Special Advocates)
			 representative.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0185 - Emergency Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 program provider, in collaboration with the in-residence caregiver, must
			 maintain at each Host Home emergency information for each child receiving
			 services in the Host Home in addition to the individual summary sheet described
			 in OAR 411-348-0180.
(2) The emergency information must be kept
			 current and include all of the following:
(a)
			 The name of the child.
(b) The
			 name, address, and telephone number of the program provider and in-residence
			 caregiver.
(c) The physical
			 description of the child, which may include a picture and the date the picture
			 was taken, and identification of:
(A) The
			 race, gender identity, sex, height, weight range, hair, and eye color of the
			 child; and
(B) Any other
			 identifying characteristics that may assist in identifying the child if the
			 need arises, such as marks or scars, tattoos, or body piercings.
(d) Information on the abilities
			 and characteristics of the child, including:
(A) How the child communicates;
(B) The language the child uses or
			 understands;
(C) The ability of the
			 child to know and take care of bodily functions; and
(D) Any additional information that may
			 assist a person not familiar with the child to understand what the child may do
			 for him or herself.
(e)
			 The health support needs of the child, including:
(A) Diagnosis;
(B) Allergies or adverse drug
			 reactions;
(C) Health issues that a
			 person needs to know when taking care of the child;
(D) Special dietary or nutritional needs,
			 such as requirements around the textures or consistency of foods and
			 fluids;
(E) Food or fluid
			 limitations due to allergies, diagnosis, or medications that the child is
			 taking that may be an aspiration risk or other risk for the child;
(F) Additional special requirements the child
			 has related to eating or drinking, such as special positional needs or a
			 specific way foods or fluids are given to the child;
(G) Physical limitations that may affect the
			 ability of the child to communicate, respond to instructions, or follow
			 directions; and
(H) Specialized
			 equipment needed for mobility, positioning, or other health-related
			 needs.
(f) The emotional
			 and behavioral support needs of the child, including:
(A) Mental health or behavioral health
			 diagnosis and the behaviors displayed by the child; and
(B) Behavioral strategies or interaction
			 guidelines to use when addressing challenging behavior exhibited by the
			 child.
(g) Any
			 court-ordered, or parent or guardian authorized, contacts or
			 limitations.
(h) The supervision
			 requirements of the child and why.
(i) Any additional pertinent information that
			 may assist in the care and support of the child if a disaster occurs.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0200 - Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service
			 providers, including the program provider, in-residence caregiver, staff, and
			 volunteers who own or operate vehicles that transport children, must:
(a) Maintain the vehicle in safe operating
			 condition;
(b) Comply with
			 Department of Motor Vehicles laws;
(c) Maintain or assure insurance coverage
			 including liability, on all vehicles and all authorized drivers; and
(d) Carry a first aid kit in the
			 vehicle.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0210 - Transition Planning and Supporting Families

Current through Register Vol. 63, No. 7, July 1, 2024
A program provider must adopt, in addition to the individual
				and family involvement policy required by OAR
				411-323-0060, policy and
				procedure that supports a child's relationship with their family. A planning
				goal, when it is a safe and legal option, must include efforts to support the
				child's return to their family home. The program provider is expected to
				deliver supports when appropriate, including:
(1) Participation in transition
			 planning;
(2) Arranging for
			 transportation for child and family visitation;
(3) Staffing and behavior support services in
			 preparation for family visitation;
(4) Supporting contact between the child and
			 family, including phone calls, written communication, and other means of
			 communication with family; and
(5)
			 Allowing families access to the child in the Host Home setting, when safe and
			 not legally prohibited.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0220 - Required Furnishings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bedroom
			 furniture must be provided or arranged for each child and include:
(a) A bed including a frame unless otherwise
			 documented by an ISP team decision, a clean comfortable mattress, a waterproof
			 mattress cover if the child is incontinent, and a pillow;
(b) A private dresser or similar storage area
			 for personal belongings that is readily accessible to the child; and
(c) A closet or similar storage area for
			 clothing that is readily accessible to the child.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0230 - Emergency Plan and Safety Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) EMERGENCY INFORMATION AND EMERGENCY
			 PLANS. A program provider must ensure:
(a)
			 The in-residence caregiver maintains emergency information for each child
			 placed in the Host Home according to OAR
			 411-348-0185;
(b) Emergency telephone numbers are posted in
			 an accessible location in the Host Home;
(c) The in-residence caregiver maintains a
			 written emergency plan for the protection of all children in the Host Home in
			 the event of an emergency or disaster.
(d) Children are provided with information
			 about appropriate steps to take in an emergency, such as emergency contact
			 telephone numbers, contacting police or fire personnel, or other strategies to
			 obtain assistance.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0240 - Assessment of Fire Evacuation Assistance and Fire Safety Evacuation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A program
			 provider must assess, within 24 hours of a child's entry to a Host Home, the
			 child's ability to evacuate the Host Home in response to an alarm or simulated
			 emergency.
(2) A program provider
			 must document the level of assistance needed by each child to safely evacuate
			 the Host Home and the documentation must be maintained in the child's
			 records.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented: ORS
				  427.104,
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0250 - Fire Drill Requirements and Fire Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A program provider, in collaboration with
			 an in-residence caregiver, must conduct unannounced evacuation drills when
			 children are present, one per quarter each year with at least one drill per
			 year occurring during the hours of sleep. Drills must occur at different times
			 during day and night with exit routes being varied based on the location of a
			 simulated fire.
(2) Written
			 documentation must be made at the time of the fire drill and kept by the
			 program provider for at least two years following the drill. Fire drill
			 documentation must include:
(a) The date and
			 time of the drill or simulated drill;
(b) The location of the simulated fire and
			 exit route;
(c) The last names of
			 all children and in-residence caregivers or staff present on the premises at
			 the time of the drill;
(d) The type
			 of evacuation assistance provided by in-residence caregivers or staff to each
			 child as specified in each child's safety plan;
(e) The amount of time required by each child
			 to evacuate; and
(f) The signature
			 of the in-residence caregiver or staff conducting the drill.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0260 - Fire Safety Evacuation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 program provider must assure a Host Home has a written fire safety evacuation
			 plan for all children:
(a) Residing in the
			 Host Home who are unable to evacuate the Host Home in three minutes or
			 less;
(b) Whose ISP team has
			 determined may not participate in fire drills; or
(c) Assigned to a bedroom located on a floor
			 other than ground level.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 348 - HOST HOME PROGRAMS AND SETTINGS FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-348-0280 - Fire Safety Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 Host Home must be fire safe, including the following standards:
(a) Each Host Home must have a minimum of two
			 exterior doorway exits allowing for egress.
(b) Sleeping and living quarters must have a
			 minimum of two unobstructed emergency escape and rescue openings.
(c) A working fire extinguisher in compliance
			 with state-adopted fire code that is easily accessible must be provided on each
			 floor of a Host Home.
(A) Fire extinguishers
			 must be checked on a monthly basis by the in-residence caregiver to ensure the
			 locking pin is intact, the tamper seal is unbroken, and the extinguisher has no
			 obvious signs of damage, corrosion, leakage, or clogs.
(B) Fire extinguishers must be inspected and
			 certified annually by a fire protection equipment company. A complete breakdown
			 and internal inspection must be done every six years by a fire protection
			 equipment company.
(d)
			 Permanent wired smoke alarms from a commercial source with a battery back-up
			 must be provided and maintained in each bedroom and at a point centrally
			 located on each floor in the corridor or area giving access to each separate
			 sleeping areas. A Host Home may be granted an exception according to section
			 (2) of this rule.
(e) A 13D
			 residential sprinkler system in accordance with the National Fire Protection
			 Association Code must be provided and maintained. A Host Home may be granted an
			 exception according to section (2) of this rule.
(f) Hardware for all exit doors and interior
			 doors must be simple hardware that may not be locked against exit and must have
			 an obvious method of operation. Hasp, sliding bolts, hooks and eyes, double key
			 deadbolts, and childproof doorknobs are not permitted. A deadbolt must be
			 single action release to allow a door to open in a single operation.