reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0140 - Use of Volunteers

Current through Register Vol. 63, No. 7, July 1, 2024
Volunteers may provide only non-clinical services unless the
				individual has the required credentials to provide a clinical service. A
				Program utilizing volunteers will have the following:
(1) A written policy regarding volunteers
			 that includes:
(a) Specific responsibilities
			 and tasks of volunteers, based on their credentials;
(b) Procedures and criteria used in selecting
			 volunteers, including sobriety requirements for individuals recovering from
			 substance related disorders consistent with DOC policy;
(c) Specific accountability and reporting
			 requirements of volunteers; and
(d)
			 Specific procedure for reviewing the performance of volunteers and providing
			 direct feedback to them by a supervisor.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0150 - Co-occurring Substance Related and Mental Health Disorders (COD)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) In addition to the general standards for
			 prison-based Alcohol and Other Drugs treatment programs under OAR 415-057-0000  through 415-057-0140, programs approved and designated to primarily provide
			 treatment services for people with COD will meet the following
			 standards:
(b) The program will
			 develop written policies and procedures that include program philosophy,
			 acceptance criteria, program content, and providing concurrent substance
			 related treatment and mental health interventions documented in one integrated
			 client record.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 60 - Repealed › Section 415-060-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  431.853
Stats. Implemented: ORS
				  409.420,
				  431.853
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 60 - Repealed › Section 415-060-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  431.853
Stats. Implemented: ORS
				  409.420,
				  431.853
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 60 - Repealed › Section 415-060-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  431.853
Stats. Implemented: ORS
				  409.420 &
				  431.853
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 60 - Repealed › Section 415-060-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  431.853
Stats. Implemented: ORS
				  409.420,
				  431.853
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 60 - Repealed › Section 415-060-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  431.853
Stats. Implemented: ORS
				  409.420,
				  431.853
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0005 - Purpose, Intent and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules establish a consolidated, statewide health professionals' services
			 program for licensees of participating health licensing boards, as required by
			 ORS 676.190, who are unable to
			 practice with professional skill and safety due to substance use disorders,
			 mental disorders, or both types of disorders. The program shall enroll
			 licensees in the program, monitor enrolled licensees for compliance with
			 monitoring agreements, report non-compliance to a licensee's board, and perform
			 other duties as required by
			 676.190 to
			 676.200.
(2) The program may be operated by the
			 Division or by a private contractor.
Stat. Auth.: ORS
				  413.042 & ORS
				  676.190
Stats. Implemented: ORS
				  676.185 -
				  676.200
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Assessment" or
			 "Evaluation" means the process an independent third-party evaluator uses to
			 diagnose the licensee and to recommend treatment options for the licensee.
(2) "Authority" means the Oregon
			 Health Authority.
(3) "Board"
			 means a health professional board as defined in ORS
			 676.160 or the Health Licensing
			 Office for a board, council or program listed in
			 676.606.
(4) "Business Day" means Monday through
			 Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, except legal holidays as defined
			 in ORS 187.010 or
			 187.020.
(5) "Comply Continuously" means to have been:
(a) Enrolled in the program for at least two
			 uninterrupted years without any reports of substantial noncompliance that a
			 board deems were significant violations of the monitoring agreement; and
(b) Deemed by the program if
			 self-referred, or by the licensee's board if board referred, to have otherwise
			 successfully complied with all terms of the monitoring agreement.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0020 - Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall arrange for an independent third-party to audit the program and to ensure
			 compliance with the program guidelines.
(2) The Division shall report the results of
			 the audit to the Legislative Assembly, the Governor, and the boards.
(3) The Division's report may not contain
			 individually identifiable information about the licensees.
Stat. Auth.: ORS
				  413.042 &
				  676.190
Stats. Implemented: ORS
				  676.185 -
				  676.200
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0030 - Administration Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each board that
			 participates in the program shall pay the Division a fee for participating in
			 the program.
(2) The Division
			 shall calculate the total fee based on all the program costs, including but not
			 limited to, Division personnel costs and ancillary expenses, funds paid to a
			 contractor for operating the program, if any and the costs of an
			 auditor.
Stat. Auth.: ORS
				  413.042 &
				  676.190
Stats. Implemented: ORS
				  676.185 -
				  676.200
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0035 - Board Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A board that
			 refers a licensee to the program must make the referral in writing. The
			 referral must include:
(a) A copy of a report
			 from an independent third-party evaluator who diagnosed the licensee with a
			 substance use disorder, a mental disorder or both types of disorder, stating
			 the diagnosis and the applicable diagnostic code from the DSM;
(b) The recommended treatment plan;
(c) A statement that the board has
			 investigated the licensee's professional practice and has determined whether
			 the licensee's professional practice, while impaired, presents or has presented
			 a danger to the public;
(d) A
			 description of any restrictions imposed by the board or recommended by the
			 board on the licensee's professional practice;
(e) A statement that the licensee has agreed
			 to report any arrest for or conviction of a misdemeanor or felony crime to the
			 board within three business days after the licensee is arrested or convicted;
			 and
(f) A written statement from
			 the licensee agreeing to enter the program and agreeing to abide by all terms
			 and conditions established by the program.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0040 - Self-Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee may
			 only self-refer to the program if the licensee's board has adopted a rule
			 permitting self-referrals.
(2)
			 Provisional Enrollment. To be provisionally enrolled in the program, a
			 self-referred licensee must:
(a) Sign a
			 written consent allowing disclosure and exchange of information between the
			 program or the program's contractor, as applicable, the licensee's employer,
			 independent third-party evaluators, and treatment providers;
(b) Sign a written consent allowing
			 disclosure and exchange of information between the program or the programs'
			 contractor, as applicable, the board, the licensee's employer, independent
			 third-party evaluators and treatment providers in the event the program
			 determines the licensee to be in substantial noncompliance with his or her
			 provisional monitoring agreement.;
(c) Sign a written statement that the
			 licensee has agreed to report any arrest for or conviction of a misdemeanor or
			 felony crime to the program within three business days after the licensee is
			 arrested or convicted;
(d) Attest
			 that the licensee is not, to the best of the licensee's knowledge, under
			 investigation by his or her board; and
(e) Agree to and sign a monitoring agreement.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0045 - Licensee Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Board-referred licensees must:
(a) Comply
			 continuously with his or her monitoring agreement, including any amendments to
			 the agreement required by the licensee's board or the program, for at least two
			 years or longer, as specified by the board by rule or order; and
(b) Be responsible for the cost of
			 evaluations, toxicology testing and treatment.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0050 - Unique Identification Number

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program shall assign a unique
			 licensee identification number to each licensee enrolled in the program:
(a) If the program is operated by a
			 contractor, the contractor and the Division shall use the same number and shall
			 include the number in any communications or data exchanges involving the
			 licensee;
(b) Once a unique
			 identification is used the program may not use it again for any other licensee
			 enrolled in the program and it shall be retired when the licensee is no longer
			 enrolled in the program; and
(c)
			 If a licensee reenrolls in the the program the program must use the same unique
			 identification number that was previously assigned to the licensee.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0055 - Program Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The contractor shall:
(1) Inform the licensee about the program
			 services, requirements, benefits, risks, and confidentiality limitations and
			 ensure that the licensee has signed a consent for services. The consent for
			 services explains:
(a) Information the
			 contractor will give to the board and under what circumstances;
(b) That the board may take action to
			 suspend, restrict, modify, or revoke the licensee's license or end the
			 licensee's participation in the program based on information from the
			 contractor.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0060 - Reports of Substantial Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise prohibited by law, a report of substantial
				noncompliance to a licensee's board must include:
(1) A description of the noncompliance;
(2) A copy of the report from the
			 independent third-party evaluator who diagnosed the licensee stating the
			 licensee's diagnosis
(3) A copy of
			 the licensee's monitoring agreement; and
(4) The licensee's practice or employment
			 status.
Stat. Auth.: ORS
				  413.042 &
				  676.190
Stats. Implemented: ORS
				  676.185 -
				  676.200
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0070 - Monitoring Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
Each monitoring agreement developed by the program and entered
				into by a licensee must require the licensee to:
(1) Participate in the program for at least
			 two years or longer, as specified by board rule or order;
(2) Participate in the recommended treatment
			 plan;
(3) Comply with any practice
			 restrictions required by the board or if the licensee is a self-referred
			 licensee, any practice restrictions recommended by the third-party evalator;
(4) Comply with any applicable
			 workplace monitoring requirements;
(5) Abstain from all mind-altering or
			 intoxicating substances or potentially addictive drugs, unless the drug is:
(a) Prescribed for a documented medical
			 condition by a person authorized by law to prescribe the drug to the licensee;
			 and
(b) Approved by the program if
			 the licensee's board has granted the program that authority;
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0075 - Toxicology Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless a
			 licensee is diagnosed solely with a mental disorder and an independent
			 third-party evaluator has not recommended toxicology testing, the program must
			 ensure that a licensee receives:
(a) A
			 baseline toxicology test within fifteen business days of the date the licensee
			 is enrolled in the program; and
(b) A final toxicology test before the
			 licensee is deemed to successfully complete the program;
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 415-065-0080 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
The program may not use or disclose any information that
				individually identifies a licensee except in accordance with 42 CFR § Part 2
				and any other applicable federal or state laws
Stat. Auth.: ORS
				  413.042 &
				  676.190
Stats. Implemented: ORS
				  676.185 -
				  676.200
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 1 - RULE DEVELOPMENT › Section 416-001-0000 - Notice Rule for Rule Making

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment, or repeal of a permanent rule,
				the Oregon Youth Authority (OYA) must give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin at least 21 days prior to the rule's effective
			 date;
(2) By mailing a copy of the
			 notice to persons on the OYA mailing list at least 28 days prior to the rule's
			 effective date;
(3) By mailing a
			 copy of the notice to designated legislators at least 49 days prior to the
			 rule's effective date; and
(4) By
			 mailing a copy of the notice to the following persons, organizations, or
			 publications at least 28 days prior to the rule's effective date:
(a) The Associated Press;
(b) The Oregonian, Portland,
			 Oregon;
(c) East Oregonian,
			 Pendleton, Oregon;
(d) Statesman
			 Journal, Salem, Oregon;
(e) Mail
			 Tribune, Medford, Oregon;
(f) The
			 Register-Guard, Eugene, Oregon;
(g)
			 The Bulletin, Bend, Oregon;
(h)
			 American Civil Liberties Union;
(i)
			 Association of Oregon Counties;
(j)
			 Crime Victims United;
(k) Oregon
			 Crime Victims Law Center;
(l)
			 Oregon Department of Education, Youth Development Division;
(m) Oregon Department of Human Services,
			 Child Welfare Program;
(n) Youth,
			 Rights and Justice;
(o) Oregon
			 Sheriffs' Association;
(p) Oregon
			 Association Chiefs of Police;
(q)
			 Oregon Adolescent Sex Offending Treatment Network;
(r) Juvenile court judges; and
(s) County juvenile
			 departments.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 1 - RULE DEVELOPMENT › Section 416-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Under the provisions of ORS
				183.341,
				the OYA adopts the July 2019 Attorney General's Uniform and Model Rules of
				Procedure.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Oregon
				  Youth Authority.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  183.335  & ORS
				  183.341
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 1 - RULE DEVELOPMENT › Section 416-001-0015 - Mailing List Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 individual, organization representing more than ten individuals, or agency may
			 request to be included on the OYA's mailing list for notification of any
			 proposed adoption, amendment, or repeal of any OYA rule. The subscription fee
			 to be on the mailing list is $35 annually. The fee established under this rule
			 does not apply to any federal, state, county, or local government entity.
			 Mailings are created for interested persons who want to receive notice of
			 administrative rules promulgated by the OYA. The request must be sent to the
			 Oregon Youth Authority, Rules/Policy Coordinator, 530 Center St. NE Ste. 500,
			 Salem, OR 97301.
(2) Mailing List
			 Subscription Renewal: One annual billing will be sent in July of each year.
			 Subscription fees must be paid by September 1 of each year. Government agencies
			 or entities will be sent a confirmation notice and an opportunity to renew
			 their subscription. Anyone not requesting renewal of subscription will be
			 removed at the end of October.
Statutory/Other Authority: ORS
				  183.335  & 183.341
Statutes/Other Implemented: ORS
				  183.335  & 183.341
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 1 - RULE DEVELOPMENT › Section 416-001-0020 - Copies of OYA Permanent and Temporary Rules, and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals or organizations requesting copies of the OYA's
				permanent or temporary rules that are not on the OYA's mailing list will be
				required to prepay to the agency a fee of $.50 per page in accordance with the
				OYA's policy on Public Information Requests. Requests for copies of OYA
				temporary or permanently adopted rules must be in writing and directed to the
				Rules/Policy Coordinator, Oregon Youth Authority, 530 Center Street NE Ste.
				500, Salem, OR 97301.
Statutory/Other Authority: ORS
				  183.335  & 183.341
Statutes/Other Implemented: ORS
				  183.335  & 183.341
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish procedures for the Oregon Youth
				Authority's (OYA) internal grievance review and appeal system for youth in
				custody, in OYA's physical or legal custody.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010,
				  420A.014 &
				  420A.015
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Emergency: Any
			 condition or situation where there is a substantial risk of imminent abuse, or
			 threat to life, health, or safety, or where time frame considerations
			 necessitate an immediate response or remedial action.
(2) Facility: Any youth correctional
			 facility, camp or transitional facility including the staff offices and the
			 grounds, operated by the Oregon Youth Authority.
(3) Field supervisor: The manager of an OYA
			 parole/probation office.
(4)
			 Grievance: A complaint about the substance or application of any rule, policy,
			 or practice affecting a youth in custody; or any decision or action directed
			 toward a youth in custody by OYA, its employees, or agents, including but not
			 limited to matters of confinement, discipline, treatment, education, and
			 privileges.
(5) Representative: A
			 person who is authorized, in writing, by a youth in custody to receive
			 confidential information from OYA and to act on behalf of the youth in custody
			 with respect to a grievance. A representative includes, but is not limited to
			 an attorney, relative, friend or legal guardian, but does not include another
			 youth in custody.
(6) Youth in
			 custody: A person in the legal and physical custody of OYA either in a Facility
			 or placed in the community under supervision; and a person in the legal custody
			 of the Department of Corrections and the physical custody of OYA in a
			 Facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0020 - Grievance Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All youth in
			 custody have a right to review any action or decision within OYA's jurisdiction
			 that affects them, and initiate a grievance, without being subjected to
			 reprisal.
(2) A youth in custody
			 may not grieve the following:
(a) Issues for
			 which the youth in custody is entitled to a contested case hearing, in
			 accordance with ORS Chapter 183;
(b) Actions or decisions not within the
			 jurisdiction of OYA (e.g., actions by the court or another agency);
(c) Incidents or problems to which the youth
			 in custody was not a party;
(d)
			 Issues for which the youth in custody has initiated court action or filed
			 notice of intent to file tort claim; or
(e) The subject matter of the grievance will
			 be or has already been decided by a judge.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010, ORS
				  420A.014, ORS
				  420A.015, ORS
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0040 - Grievance Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 a youth in custody is unable to resolve an issue through informal
			 communication, the youth in custody may seek to resolve the issue by submitting
			 a written grievance using OYA's approved youth in custody grievance form, in
			 accordance with these rules.
(a) OYA must
			 ensure that approved grievance forms are available to youth in custody. The
			 youth in custody, or representative, may also initiate the request in letter
			 form, if grievance forms are not immediately available to the youth in custody
			 or representative.
(b) If a youth
			 in custody cannot complete the grievance form or a letter due to physical or
			 mental impairments or language barriers, the youth in custody may contact the
			 local grievance coordinator to request accommodation.
(c) The youth in custody, or representative,
			 must include a complete description of the incident, action, or application of
			 the rule being grieved, including date and approximate time.
(d) A youth in custody grievance may request
			 review of only one matter, action, or incident per grievance form or
			 letter.
(e) A youth in custody, or
			 representative, may file a grievance regarding the same issue as a previously
			 filed grievance only if there is another incident and new information is
			 available about the issue.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0045 - Grievance Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) below, a youth in custody may not submit more than two
			 new grievances in any one week or six in any calendar month. A week is defined
			 as Sunday through Saturday.
(a) New grievances
			 submitted in excess of two grievances in any one week or six in any calendar
			 month will be denied and returned to the youth in custody.
(b) Grieving multiple staff involved in one
			 incident counts as filing one grievance.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 20 - YOUTH IN CUSTODY GRIEVANCE PROCESS › Section 416-020-0050 - Appeal to the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 youth in custody is dissatisfied with the decision of the subsequent grievance
			 review, the youth in custody, or representative, may request an appeal to the
			 OYA director, or designee.
(a) A request for
			 appeal must be submitted within 10 calendar days from the date the youth in
			 custody received the written decision.
(b) If a request for an appeal is not
			 received by the Director's Office within a 15-day period, the youth in
			 custody's right to an appeal will be considered waived, unless the youth in
			 custody can show that the failure to timely request a review was beyond their
			 reasonable control.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 40 - Youth in Custody Use of Electronic Networks within OYA Facilities › Section 416-040-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules institute guidelines for acceptable use of
				electronic networks by youth in custody within OYA close-custody facilities. A
				youth in custody is a person in the legal and physical custody of the OYA, or a
				person in the legal custody of the Department of Corrections and the physical
				custody of the OYA in OYA facilities. Electronic networks are specific
				computers, hardware, software, storage media, and networks accessible to
				authorized youth in custody within OYA close-custody facilities. Electronic
				networks provide youth in custody access to education and employment
				information to assist in their successful reintegration from confinement into
				the community. Access to electronic networks may be granted as described in
				these rules contingent upon the safety, security, and order of the
				facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 40 - Youth in Custody Use of Electronic Networks within OYA Facilities › Section 416-040-0010 - Network Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Youth in
			 custody electronic network access must be limited to educational or
			 employment-seeking purposes, including classroom activities, job development,
			 and community transitional activities.
(2) The facility superintendent, camp
			 director, or designee must determine, in his or her discretion, whether a
			 proposed access is for appropriate educational or employment-seeking
			 purposes.
(3) OYA staff or school
			 personnel must supervise a youth in custody's activity on the electronic
			 network to ensure it is limited to the criteria listed in section
			 (1).
(4) OYA staff must place
			 reasonable restrictions on material that youth in custody access or post in the
			 network to ensure the material is for appropriate educational or
			 employment-seeking purposes.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 40 - Youth in Custody Use of Electronic Networks within OYA Facilities › Section 416-040-0015 - Written Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 youth in custody must receive written authorization from an OYA manager prior
			 to accessing an electronic network.
(2) OYA staff must notify youth in custody,
			 in writing, of general acceptable use of electronic networks and any potential
			 consequences of unacceptable use of electronic networks.
(3) Any behavior violation associated with a
			 youth in custody's electronic network use must be managed according to OAR
			 chapter 416, division 470 (Prohibited Youth in Custody Behaviors and Processing
			 Behavior Violations).
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010  & 420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 40 - Youth in Custody Use of Electronic Networks within OYA Facilities › Section 416-040-0020 - Internet Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Electronic mail
(a) The facility superintendent, camp
			 director, or designee may provide access to an electronic mail account to a
			 youth in custody for specific educational or employment-seeking projects or
			 activities as determined appropriate by the superintendent, camp director, or
			 designee.
(b) A youth in custody
			 may not directly access the youth in custody's electronic mail account. Only an
			 OYA staff member or school personnel may log onto the youth in custody's
			 account for the youth in custody. The staff member or school personnel must
			 maintain a copy of all electronic messages sent or received by the youth in
			 custody.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 50 - Funeral and Burial Expenses › Section 416-050-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 describe the process by which the Oregon Youth Authority (OYA) may pay the cost
			 of funeral, burial, or cremation expenses for a youth in custody who dies while
			 in OYA legal custody.
(2) These
			 rules apply only to youth in custody who are committed to OYA legal custody and
			 placed in OYA facilities or under OYA supervision on parole or probation status
			 in the community.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: 420A.010, 419C.550, 419C.481
				  & 419C.555 - 419C.561
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 50 - Funeral and Burial Expenses › Section 416-050-0010 - Allowable Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 other resources for payment of these expenses, including parents or guardians,
			 must be explored before approval is given for the OYA to make
			 payments.
(2) The maximum amount
			 the OYA will pay for these expenses will be determined by the OYA
			 director.
(3) Vendors must submit
			 itemized billings on their letterhead.
(4) The following list specifies allowable
			 expenses.
(a) Necessary funeral service costs
			 that may include, but are not limited to:
(A)
			 Transportation for first call, and funeral coach;
(B) Preparation of remains; and
(C) Use of funeral home facilities.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0005 - Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose
These rules govern general media relations for the Oregon
				Youth Authority (OYA) including responding to information requests and granting
				access by Media Representatives to OYA Facilities, Substitute Care Placements
				staff, and Youth in Custody.
(2) Policy
(a) OYA acknowledges the public's interest in
			 and concern with OYA's mission to protect the public, reduce crime, hold Youth
			 in Custody accountable and provide opportunities for reformation in safe
			 environments.
(b) In recognition of
			 the news media's role in reporting matters of public interest, OYA will work
			 with Media Representatives to provide requested information within OYA's
			 resource limitations and requirements for safety, security and confidentiality;
			 and it is the policy of OYA to permit and assist with access by Media
			 Representatives to OYA Facilities, programs, Youth in Custody and staff for the
			 purposes of supporting OYA's mission and goals within the limitations required
			 to ensure Facility security, safety and Youth in Custody's
			 reformation.
(c) Interviews with
			 Youth in Custody may be permitted with their consent and the approval of the
			 appropriate Superintendent/Camp Director or Field Supervisor or designee. When
			 authorized, an interview with a Youth in Custody is permitted neither as a
			 matter of right nor as a privilege of the Youth in Custody or the Accredited
			 News Media Organization. Instead, an interview may be approved if the
			 appropriate Superintendent, Camp Director, Field Supervisor, or designee and
			 the OYA Communications Office determine it is consistent with OYA's mission and
			 goals and the safe, secure and orderly management and operation of the Facility
			 or program, and is not inconsistent with the Youth in Custody's treatment,
			 education, reformation and rehabilitation.
(d) There are inherent risks associated with
			 entering an OYA Facility. Consequently, Media Representatives enter OYA
			 Facilities at their own risk, and are required to comply with all security and
			 control measures of the Facility and with the directions of OYA
			 staff.
(e) OYA may initiate contact
			 and provide access to Media Representatives to report on activities that
			 further OYA's mission and goals.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accredited News
			 Media Organization:
(a) A newspaper that
			 qualifies as a general circulation newspaper in the community in which it is
			 published. A newspaper is one of general circulation if it circulates among the
			 general public and if it publishes news of general interest to the public such
			 as news of political, religious, commercial or social affairs. A key test to
			 determine whether a newspaper qualifies as a general circulation publication is
			 whether it qualifies for the purpose of publishing legal notices in the
			 community in which it is located or the area where it distributes;
(b) A magazine that has a national, state or
			 local circulation and is sold by newsstands and by mail subscription to the
			 general public;
(c) A national or
			 international wire service;
(d) A
			 radio or television program whose primary purpose is to report news and which
			 is part of a broadcast station holding a Federal Communications Commission
			 license;
(e) A corrections or
			 juvenile justice trade publication that reports on industry practices;
			 or
(f) An Internet Web site
			 affiliated with the organizations described in subsections (a)-(e) above, or an
			 unaffiliated Internet Web site with a history of publishing news of general
			 interest.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0015 - Media Identification of Youth in Custody

Current through Register Vol. 63, No. 7, July 1, 2024
Identifying information about Youth in Custody may be used in
				accordance with these rules and after all appropriate parties have given
				written permission.
(1) Photographs
(a) Identifiable photographs of Youth in
			 Custody younger than 18 may be used only with written permission of the Youth
			 in Custody, Youth in Custody's parent(s) or legal guardian(s), and the
			 Superintendent/Camp Director, Field Supervisor, or designee.
(b) Identifiable photographs of youth 18 and
			 older may be used with written permission of the Youth in Custody and the
			 Superintendent/Camp Director, Field Supervisor, or designee.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0020 - Media Access to Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Media requests for access
Media Representatives who desire to visit a Facility must
				contact the OYA Communications Office. Requests to visit a Facility must be
				made at least 24 hours in advance of the desired appointment time.
(2) Media access to Facilities
Consistent with OYA's policy, Media Representatives are
				encouraged to visit and tour Facilities and learn about programs for the
				purpose of professional enhancement, observation and reporting.
(a) OYA may accommodate requests by Media
			 Representatives for access to OYA Facilities if the access is consistent with
			 OYA's policies and procedures, the reformation and rehabilitation of Youth in
			 Custody, and the efficient and orderly operation of treatment programs and the
			 Facility as a whole, and with the Superintendent/Camp Director's approval.
			 Whether to approve a request to access OYA Facilities is in the sole discretion
			 of the Superintendent/Camp Director.
(b) The Superintendent/Camp Director must
			 deny a request by a Media Representative for Facility access when the access,
			 in the Superintendent/Camp Director's judgment, may jeopardize the safety and
			 security of the Facility, staff, visitors, or Youth in Custody.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0025 - Media Facility Visitation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media Representatives must identify
			 themselves with a valid form of government-issued photo identification before
			 they will be permitted to enter a Facility.
(2) Media Representatives are subject to the
			 same Facility entrance screening and contraband policies and procedures as are
			 other visitors and in compliance with OAR chapter 416, division 420 (Visitors
			 to OYA Facilities).
(3)
			 Notwithstanding subsection (2) above, Media Representatives granted entrance to
			 a Facility generally will be permitted use of "tools of the trade," subject to
			 the written consent of the Superintendent/Camp Director and OYA Communications
			 Office. However, OYA may limit the number and type of tools of the trade that
			 Media Representatives may bring into a Facility to make still or video pictures
			 and audio recordings.
(4) All
			 approved equipment must be inventoried and searched by OYA staff prior to the
			 Media Representative(s) entering the Facility.
(5) Items not allowed into a Facility must be
			 stored in the Media Representatives' work or personal vehicle(s). OYA will not
			 hold items for Facility visitors.
(6) A member of the OYA Communications
			 Office, the Facility Communications Liaison or other designated staff member
			 must escort Media Representatives through the Facility and be present at all
			 times during the visit or tour.
(7)
			 If at any time before or during the news media visit or tour OYA determines
			 that a potential threat to safety or security exists, the visit or tour must be
			 terminated. The Media Representative(s) must comply with the direction of their
			 OYA escort.
(8) Photographs or
			 other recordings made in a Facility or other OYA property require prior written
			 authorization from the Superintendent/Camp Director. Taking photographs or
			 video footage of control centers or electronic security equipment is strictly
			 prohibited.
(9) Impromptu,
			 unscheduled interviews, video and audio recordings, or photographs of staff,
			 Youth in Custody and others may be permitted if the individuals give their
			 written consent, parents or guardians of Youth in Custody younger than 18 give
			 their written permission, and the Superintendent/Camp Director, or designee
			 determines that the interview or photo opportunity would not:
(a) Be overly disruptive of Facility or
			 program operations;
(b) Compromise
			 Youth in Custody treatment plans or reformation; or
(c) Present safety or security
			 concerns.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0030 - Media Access to Youth in Custody in Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media Representatives who desire contact
			 with a Youth in Custody may seek such contact by contacting the OYA
			 Communications Office. In all cases, Youth in Custody participation is
			 voluntary.
(2) Interviews with
			 Youth in Custody may be approved with written consent of the OYA Communications
			 Office and the Superintendent/Camp Director or designee, and with the Youth in
			 Custody's written consent, if in the judgment of the Superintendent/Camp
			 Director or designee the interview is consistent with the following:
(a) OYA's mission and goals;
(b) The Youth in Custody's treatment planning
			 and reformation; and
(c) The
			 Facility's safe, secure and orderly operations.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0035 - Media Access to Youth in Custody in Substitute Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media Representatives who desire contact
			 with a Youth in Custody may seek such contact by contacting the OYA
			 Communications Office. In all cases, Youth in Custody participation is
			 voluntary.
(2) Interviews with
			 Youth in Custody in Substitute Care may be approved by the OYA Communications
			 Office and the Field Supervisor or designee, with the Youth in Custody's
			 consent, if in the Field Supervisor's or designee's judgment the interview is
			 consistent with the following:
(a) OYA's
			 mission and goals;
(b) The Youth in
			 Custody's treatment planning and reformation; and
(c) The Substitute Care Provider's safe,
			 secure and orderly operations.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 60 - Media Relations › Section 416-060-0040 - Access to Youth in Custody or OYA Facilities by Unaffiliated Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unaffiliated
			 Persons may be granted a tour of a Facility or program in accordance with OAR
			 416-420-0020  (Tours).
(2) OYA may,
			 at its sole discretion, grant Unaffiliated Persons access to Facilities and
			 programs for a specific project when, in OYA's judgment, the requested access
			 will substantially further OYA's mission and goals; and is consistent with the
			 safe, secure and orderly management and operation of the Facility or Substitute
			 Care Placement, and with the Youth in Custody's treatment planning and
			 reformation.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinical
			 Supervision: Oversight by a qualified person of mental health services and
			 supports provided according to this rule, including ongoing evaluation and
			 improvement of the effectiveness of those services and supports.
(2) Diagnosis: A diagnosis consistent with
			 the most current Diagnostic and Statistical Manual of Mental Disorders
			 (DSM).
(3) Mental Health
			 Assessment: The written assessment by a QMHP of a Youth in Custody's mental
			 status and emotional, cognitive, family, developmental, behavioral, social,
			 recreational, physical, nutritional, school or vocational, substance abuse,
			 cultural and legal functioning; concluding with a diagnosis, clinical
			 formulation, prognosis for treatment, treatment recommendations and
			 plan.
(4) Mental Status
			 Examination: An overall standardized assessment of a Youth in Custody's mental
			 functioning and cognitive abilities.
(5) OYA: Oregon Youth Authority.
(6) Qualified Mental Health Professional
			 (QMHP): A person who provides mental health treatment services to Youth in
			 Custody.
(7) Qualified Mental
			 Health Associate (QMHA): A person who provides mental health services under the
			 direct supervision of a QMHP and who meets the minimum qualifications as
			 authorized by the Supervising Clinical Psychologist or designee.
(8) Supervising Clinical Psychologist: A
			 person who leads and directs OYA clinical mental health services statewide and
			 reports to the OYA medical director.
(9) Treatment Services Supervisor: A person
			 who provides clinical supervision of the mental health treatment services and
			 supports provided by a QMHP at an OYA facility.
(10) Youth in Custody: A person in the legal
			 and physical custody of OYA in a youth correction facility; or a person in the
			 legal custody of the Department of Corrections and the physical custody of OYA
			 in a youth correction facility.
Statutory/Other Authority: ORS
				  420A.010, ORS
				  420A.025 & ORS
				  420A.022
Statutes/Other Implemented: ORS
				  420A.022
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0020 - Initial Credentialing and Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Supervising Clinical Psychologist or
			 designee is responsible for credentialing employees hired as OYA Treatment
			 Services Supervisors, QMHPs, and QMHAs.
(2) Treatment Services Supervisors, QMHPs,
			 and QMHAs must meet the requirements established in OAR 416-070-0030  as a
			 Treatment Services Supervisor, QMHP, or QMHA.
(3) The Supervising Clinical Psychologist or
			 designee is responsible for reviewing education, experience and competencies to
			 determine if the individual can be certified as meeting the professional
			 standards of a Treatment Services Supervisor, QMHP, or QMHA as set forth in
			 these rules.
(4) A copy of
			 transcripts, academic degrees, licenses, certifications, and verification forms
			 used to record the credentialing and certification information must be retained
			 in the Treatment Services Supervisor's, QMHP's, or QMHA's personnel
			 file.
(5) OYA must provide to each
			 person certified as a QMHA, QMHP, or a Treatment Services Supervisor, a
			 position description describing the duties that the person is certified to
			 provide.
Statutory/Other Authority: ORS
				  420A.010, ORS
				  420A.025 & ORS
				  420A.022
Statutes/Other Implemented: ORS
				  420A.022