reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0062 - Sex Trafficking Victim Identification

Current through Register Vol. 63, No. 7, July 1, 2024
When information is gathered or observations made that indicate
				a child or young adult may be a victim of sex trafficking, the caseworker must
				determine whether a child or young adult is, or is at risk of being, a victim
				of sex trafficking.
(1) If a
			 determination is made that a child or young adult is a victim of sex
			 trafficking the caseworker must:
(a) Report
			 to a screener the identification of a child or a young adult as a sex
			 trafficking victim;
(b) Ensure law
			 enforcement and the National Center for Missing and Exploited Children are
			 notified immediately and in no case later than 24 hours after determination
			 that the child or young adult is a sex trafficking victim;
(c) Identify and refer to appropriate
			 services; and
(d) Document the
			 child or young adult is a sex trafficking victim in the Department's Electronic
			 Information System.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0065 - Substance Affected Infant

Current through Register Vol. 63, No. 7, July 1, 2024
When a child on an open case is identified as a
substance affected infant
, the caseworker must:
(1) Ensure a
plan of care
is
			 developed;
(2) Ensure the
substance affected infant
and family are referred to services
			 identified in the
plan of care
; and
(3) Document the
plan of care
and referrals made in the Department's electronic information
			 system.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005  &  42 U.S.C. 67
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0067 - Contact Requirements and Exceptions; Required Face-to-Face Contact

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may make scheduled or unscheduled face-to-face contacts with the child or young
			 adult, parent, guardian, certified family, or provider.
(2) The caseworker's supervisor may approve
			 Department staff as described in OAR 413-080-0054(1)  to make the face-to-face
			 contact required by these rules (OAR 413-080-0040  to 413-080-0067) when a
			 caseworker's schedule or special circumstances prevent the caseworker from
			 making the face-to-face contact.
(a) Prior to
			 conducting the required face-to-face contact, Department staff must have
			 information regarding the case plan, the ongoing safety plan, the parents or
			 guardians, and the child or young adult, including any special needs of the
			 child or young adult.
(b) The
			 Department staff person making the face-to-face contact is responsible for
			 monitoring the safety of the child or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 80 - SUBSTITUTE CARE - TYPES OF SERVICES › Section 413-080-0070 - Notifications When Reports Are Made Regarding Child Safety or Compliance in a Child-Caring Agency or Proctor Foster Home

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must notify appropriate
			 parties as provided in Oregon Laws 2016, chapter 106 and this rule when:
(a) The Department receives a report of a
			 suspected violation by a child-caring agency or proctor foster home;
(b) When the Department receives a report of
			 abuse of a child in care;
(c) When
			 a report of abuse of a child in care is substantiated or founded; and
(d) When the Department places conditions on
			 a license or suspends or revokes a license under OAR 413-215-0121.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to rules in OAR chapter 413, division 90:
(1) "Absent day" means a calendar day that:
(a) The
BRS client
(see OAR
			 410-170-0020) is enrolled in but not physically present in the program of the
BRS provider
(see OAR 410-170-0020);
(b) Does not meet the definition of a
billable care day
(see OAR 410-170-0020);
(c) The Department's placement plan is to
			 return the
BRS client
to the
BRS provider
;
			 and
(d) The
BRS
			 contractor
(see OAR 410-170-0020) or
BRS provider
obtains authorization from the BRS client's
caseworker
(see
			 OAR 410-170-0020) and the
contract administrator
to bill the
			 calendar day as an "absent day".
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-090-0005  to 413-090-0050  is to describe
				the responsibilities of the Department for payment of the following costs on
				behalf of a child or young adult.
(1)
			 A foster care maintenance payment to a
Resource Parent
or
Relative Resource Parent
;
(2) An independent living housing subsidy to
			 an eligible child or young adult who is in the legal custody of the Department,
			 living independently; and
(3) A
			 Chafee housing payment to an eligible individual.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0010 - Authorized Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Family
			 Foster Care.
(a) Shelter care payment. The
			 Department reimburses a certified family a shelter care payment on behalf of a
			 child or young adult during the first 20 days of substitute care in a certified
			 family home after the Department has obtained physical or legal custody of the
			 child or young adult. The daily shelter care payment is:
(A) $39.38 for a child 5 years or
			 younger;
(B) $39.55 for a child 6
			 through 12 years of age; and
(C)
			 $41.49 for a child or young adult 13 through 20 years of age.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0021 - Periodic Review of Eligibility for Level of Care Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Department conducts a CANS screening for a child or young adult in substitute
			 care under subsection (1)(b) of OAR 413-020-0230  and the results indicate the
			 child or young adult's level of care has changed, the Department adjusts the
			 child or young adult's level of care payment as follows:
(a) When a level of care payment increases,
			 change in payment begins the first day of the month in which the increased
			 level of care payment was approved.
(b) When a level of care payment decreases,
			 change in payment begins the first day of the month following the month in
			 which the decreased level of care payment was approved unless continuing
			 benefits have been requested through a request for a contested case hearing.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0030 - Payment for Temporary Absences from Family Foster Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may continue the base rate payment and any level of care payment to the
			 certified family during a child or young adult's temporary absence from the
			 home for 14 days or less, when:
(a) The plan
			 is for the child or young adult to return to the care of the same certified
			 family; and
(b) No other certified
			 family is receiving a base rate payment or level of care payment for the child
			 or young adult during the period of the absence.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0040 - Payments During Adoptive Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
When a child is free for adoption and placed in an approved or
				certified family's home designated by the Department's Adoption Program Manager
				as the child's pre-adoptive family, the Department pays base rate payment and
				any level of care payment to the pre-adoptive family until the adoption
				assistance payment commences. See OAR 413-130-0000  to 413-130-0130  for the
				adoption assistance eligibility requirements of the Adoption Assistance
				Program.
Stat. Auth.: ORS
				  418.005,
				  418.340
Stats. Implemented: ORS
				  418.005,
				  418.330,
				  418.335,
				  418.340
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0050 - Out-of-State Payment to a Certified Family Moving to Another State

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 family who receives Department approval to move out-of-state with a child or
			 young adult who the Department has placed in the home may continue to receive
			 base rate and level of care for that child or young adult for up to 180 days or
			 until licensed or certified in the receiving state, whichever is
			 earlier.
(2) The Foster Care
			 Program Manager or Foster Care Program Assistant Manager may extend the 180 day
			 limit for continuing to receive current base rate payment and level of care
			 payment when the licensure or certification process in the receiving state has
			 not been completed due to circumstances beyond the control of the
			 Department.
(3) Once the home is
			 licensed or certified in the receiving state, the Department authorizes payment
			 at Oregon's established base rate payment and level of care payment
			 rates.
Stat. Auth.: ORS
				  418.005 &
				  418.340
Stats. Implemented: ORS
				  418.005,
				  418.330,
				  418.335 &
				  418.340
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0051 - Department Review of Foster Care Payment Rates

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall review the established foster care payment
				rates every two years in conjunction with the Department budget preparation
				processes for submission of the Agency Request Budget to the Governor. The
				purpose of this review is to consider the rates the state is providing in
				comparison to the USDA Cost of Raising a Child or similar
				reports.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  418.647
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0055 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.355,
				  ORS
				  409.050, ORS
				  418.005,
				  ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116
Statutes/Other Implemented: ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.005,
				  ORS
				  411.070,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  411.116,
				  ORS
				  411.141,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0060 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  411.060, ORS
				  411.170, ORS
				  411.116
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  411.070,
				  ORS
				  411.141,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0065 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005
Statutes/Other Implemented: ORS
				  181.534,
				  ORS
				  181.537,
				  ORS
				  409.010,
				  ORS
				  409.025,
				  ORS
				  409.027,
				  ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  411.141,
				  ORS
				  418.005,
				  ORS
				  418.015,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495,
				  ORS
				  418.027
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0070 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005
Statutes/Other Implemented: ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  409.025,
				  ORS
				  409.027,
				  ORS
				  411.141,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0075 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority:ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  409.050
Statutes/Other Implemented: ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  411.095,
				  ORS
				  411.141,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495,
				  ORS
				  409.010
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0080 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005
Statutes/Other Implemented:ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  411.141,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0085 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
				  #CWP
				  15-2016, f. 8-31-16 cert. ef.
				  #.
Statutory/Other Authority: ORS
				  409.050, ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005
Statutes/Other Implemented: ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  411.141,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0087 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority:ORS
				  418.005,
				  ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  409.010,
				  ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  411.141,
				  ORS
				  418.015,
				  ORS
				  418.490,
				  ORS
				  418.495,
				  P.L.
				  113-38
				  (2013)
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0090 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  418.240,
				  ORS
				  418.250
Statutes/Other Implemented: ORS
				  411.060, ORS
				  411.070,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  418.027,
				  ORS
				  418.495,
				  ORS
				  409.010,
				  ORS
				  418.240,
				  ORS
				  418.250,
				  ORS
				  418.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules, OAR 413-090-0100  to 413-090-0210,
				is to describe the requirements for eligibility and receipt of personal care
				services when a child or young adult is placed with a foster parent or relative
				caregiver by the Department.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-090-0100  to 413-090-0210  are in
				413-090-0000.
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005,
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0120 - Scope of Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal
			 care services are provided directly to the eligible child or young adult and do
			 not include respite or other services, nor are they implemented for the purpose
			 of benefiting others in the household or the household in general.
(2) Personal care services include:
(a) Mobility, transfers, repositioning -
			 assisting a child or young adult with ambulation or transfers with or without
			 an assistive device, turning the individual or adjusting padding for physical
			 comfort or pressure relief, or encouraging or assisting with range-of-motion
			 exercises;
(b) Basic personal
			 hygiene - providing or assisting a child or young adult with needs such as
			 bathing (tub, bed bath, shower), washing hair, grooming, shaving, nail care,
			 foot care, dressing, skin care, mouth care, and oral hygiene;
(c) Toileting, bowel and bladder care -
			 assisting a child or young adult to and from bathroom, on and off a toilet,
			 commode, bedpan, urinal or other assistive device used for toileting, changing
			 incontinence supplies, following a toileting schedule, cleansing the individual
			 or adjusting clothing related to toileting, emptying catheter drainage bag or
			 assistive device, ostomy care, or bowel care;
(d) Nutrition - preparing meals and special
			 diets, assisting with adequate fluid intake or adequate nutrition, assisting
			 with food intake (feeding), monitoring to prevent choking or aspiration,
			 assisting with special utensils, cutting food, and placing food, dishes, and
			 utensils within reach for eating;
(e) Medication management - assisting with
			 ordering, organizing, and administering prescribed medications (including
			 pills, drops, ointments, creams, injections, inhalers, and suppositories),
			 monitoring for choking while taking medications; and
(f) A delegated nursing task.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0130 - Personal Care Services Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
To receive personal care services while living with a certified
				family, a child or young adult in the care or custody of the Department
				must:
(1) Be eligible to receive
			 medical services funded through either Title XIX of the Social Security Act or
			 the state general fund;
(2) Have no
			 available resources from the natural support system of friends, neighbors, or
			 other community resources to provide personal care services; and
(3) Have a documented diagnosed physical or
			 mental impairment and require personal care services as determined by a
			 personal care services assessment.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0133 - Conducting a Personal Care Services Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a child or young adult with a
			 diagnosed physical or mental impairment appears to require personal care
			 services and the caseworker becomes aware of the apparent need for personal
			 care services, the caseworker must refer the child or young adult to the
			 contract registered nurse or the Personal Care Nurse Coordinator for an
			 assessment.
(2) When a child or
			 young adult with an approved personal care services assessment or an existing
			 personal care services plan moves to a new foster parent or relative caregiver,
			 the caseworker must refer the child or young adult to the contract registered
			 nurse or the Personal Care Nurse Coordinator for an assessment.
(3) Upon receipt of a referral, the contract
			 registered nurse, program nurse consultant or manager must conduct a personal
			 care services assessment.
(4) To
			 conduct the personal care services assessment, the contract registered nurse,
			 program nurse consultant or manager must:
(a)
			 Review available medical records of the child or young adult;
(b) Meet with the child or young adult and
			 the foster parent or relative caregiver;
(c) Gather information about the child or
			 young adult's condition and functioning;
(d) Assess the child or young adult's ability
			 to perform functional activities necessary to meet his or her daily needs at a
			 level appropriate for the child or young adult's chronological age;
(e) Document the findings of the personal
			 care services assessment using the Department's Personal Care Services
			 Assessment form that is applicable to the age of the child or young adult;
			 and
(f) Submit the completed
			 personal care services assessment to the Personal Care Nurse
			 Coordinator.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0135 - Provider Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal
			 care services may be provided only by a qualified provider.
(2) The contract registered nurse or the
			 Personal Care Nurse Coordinator may authorize a qualified provider to provide
			 personal care services to a child or young adult in the care or custody of the
			 Department if the contract registered nurse or Personal Care Nurse Coordinator
			 determines that the provider meets the definition of a qualified provider in
			 OAR 413-090-0110.
(3) The
			 qualified provider must sign the personal care services plan with the
			 Department and agree to provide the personal care services to the child or
			 young adult described in the personal care services plan.
(4) The qualified provider may be authorized
			 to provide personal care services when the personal care services assessment
			 has been completed and the contract registered nurse or Personal Care Nurse
			 Coordinator has verified that the provider is a qualified provider.
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005 &
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0136 - Developing the Personal Care Services Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After conducting the personal care
			 services assessment when it has been determined that a child or young adult is
			 eligible for personal care services, the contract registered nurse or Personal
			 Care Nurse Coordinator must develop a personal care services plan using the
			 Department's Personal Care Services Plan form.
(2) The personal care services plan must:
(a) Specify the frequency or intensity of
			 each personal care service;
(b)
			 Identify the qualified provider to provide the personal care service;
(c) If the plan includes a
			 delegated nursing task, the personal care services plan must include:
(A) The written authorization of the
			 registered nurse permitting the qualified provider to perform the delegated
			 nursing task;
(B) The written
			 instructions on how to perform the delegated nursing task;
(C) How frequently the child or young adult
			 is to be reassessed with respect to the delegated nursing task;
(D) How the qualified provider is to be
			 supervised; and
(E) How frequently
			 the qualified provider is to be reevaluated.
(d) Identify the date that the personal care
			 services are to begin and the date that the personal care services plan ends;
			 and
(e) Be signed by the contract
			 registered nurse or Personal Care Nurse Coordinator and each qualified provider
			 providing services under the personal care services plan.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0140 - Periodic Review of Personal Care Services Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
child
or young adult's
			 eligibility for
personal care services
must be reviewed
			 annually from the initial date of the
personal care services
			 plan
, unless an earlier date for reassessment has been approved in the
personal care services plan
.
(2) The
child
or young
			 adult's caseworker may refer the
child
or
young
			 adult
for a
personal care services
reassessment
			 earlier than the date approved in the
personal care services
			 plan
if the
child
or young adult's need for
personal care services
has changed. The
Personal Care
			 Nurse Coordinator
must approve the referral.
(3) The
contract registered
			 nurse
or
Personal Care Nurse Coordinator
must follow
			 the process set forth in OAR 413-090-0133  when conducting a
personal
			 care services
reassessment.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010,
				  ORS
				  418.005  & ORS
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0150 - Payment Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Payment for the personal care services identified in the personal care services
			 plan is based on the eligible child or young adult's personal care services at
			 a level of personal care payment that corresponds to the needs identified in
			 the personal care services assessment and is determined by the Department. The
			 levels of personal care are set forth in Exhibit 4.
(a) If the eligible child or young adult
			 qualifies as Level 1 (moderate care), the payment is a maximum of $ 297.00 per
			 month based on the days within the month the child or young adult is eligible
			 for and receives personal care services.
(b) If the eligible child or young adult
			 qualifies as Level 2 (intermediate care), the payment is a maximum of $ 593.00
			 per month based on the days within the month the child or young adult is
			 eligible for and receives personal care services.
(c) If the eligible child or young adult
			 qualifies as Level 3 (advanced care), the payment is a maximum of $ 890.00 per
			 month based on the days within the month the child or young adult is eligible
			 for and receives personal care services.
(d) If the eligible child or young adult
			 qualifies as Level 4 (intensive care), the payment is an amount authorized by
			 the Department, based on the days within the month the child or young adult is
			 eligible for and receives personal care services and on the intensity and
			 frequency of the personal care services in conjunction with all other medical
			 services provided for the child or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0210 - Termination of Personal Care Services and Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal care services provided to a
			 child or young adult are terminated when the child or young adult no longer
			 meets the eligibility requirements under OAR 413-090-0130  or the child or young
			 adult moves.
(2) Personal care
			 services payments are made to the qualified provider as described in OAR
			 413-190-0150 until a personal care services plan is terminated or the date the
			 child or young adult is no longer in the care of the foster parent or relative
			 caregiver, whichever is earlier.
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005 &
				  418.015
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-090-0300  to 413-090-0380  is to describe
				how payments for special and/or extraordinary needs may be used to benefit a
				child or young adult in the custody of the Department in foster care, family
				and professional shelter care, residential group care, or non-reimbursed
				placement such as SAIP and SCIP.
Stat. Authority: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0310 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-090-0300  to 413-090-0380  are in OAR
				413-090-0000.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0330 - Clothing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must make certain that clothing needs of children and young adults going into
			 or placed in substitute care, such as a residential facility, paid or unpaid
			 placement or relative care placement are met. Both staff and contracted
			 providers must use reasonable judgment in making clothing purchases. It is
			 expected that a child or young adult in the custody of the Department will be
			 dressed similar to other children living in the community.
(2) Unless local office Program Manager or
			 designee makes an individual exception, clothing purchases may be authorized
			 after:
(a) Clothing available and belonging to
			 the
child or young adult
is obtained from the parent(s),
			 guardian, relative caregiver, or provider at the time of placement or change of
			 placement. If release of clothing is refused and it is in the best interest of
			 the child or young adult, a court order for the release of such clothing may be
			 requested from the juvenile court.
(b) The monthly reimbursement to substitute
			 care provider includes costs for clothing needs. It is the provider's
			 responsibility to maintain the child or young adult's clothing with the monthly
			 reimbursement.
(c) When a child or
			 young adult moves from one caregiver to another caregiver, all of the child or
			 young adults clothing, including clothing purchased for the child or young
			 adult while in substitute care, must go with the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0340 - Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may pay for non medical transportation not to exceed
				current Department mileage rates paid to Department staff. Reasonable travel to
				the child's home for visitation is a Title IV E allowable expense. All other
				transportation expenses are billed to General Fund:
(1) Visitation: When family visitation is
			 part of the service plan, the foster parent may be reimbursed for providing
			 transportation to and from visits. When the child or young adult is in a
			 residential care and treatment facility and the written treatment plan includes
			 visitation with parents or relatives, the cost of the visits are expected to be
			 shared by the Department, service provider, and child's family. Negotiations
			 with the provider and the child's family to determine Department cost are made
			 in advance of the visits.
(2)
			 School: When the child or young adult is in family foster care and the school
			 district does not provide transportation, the foster parents may be reimbursed
			 for providing transportation or for city bus passes when appropriate.
(3) In state transportation by
			 airline for children is approved only if the cost of the air fare does not
			 exceed all the actual costs of transportation by car.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0355 - Payments Eligible for Title IV-E

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Title IV-E allowable clothing expenses
			 are based upon a consideration of what is necessary or required. For example,
			 Title IV-E can be claimed if a child is required to have certain supplies for a
			 specific school class project. Title IV-E should not be utilized for supplies
			 needed for an after school enrichment program.
(2) Title IV-E allowable costs include, but
			 are not limited to, locker and towel fees, art supplies, pencils, paper,
			 necessary school clothing.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0365 - Education Costs Not Eligible for Title IV-E

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic school costs are to be paid by
			 local school districts.
(2) The
			 Department's maximum payments for educational cost are outlined in
			 I-E.5.2Information Letter.
(3) The
			 educational costs on the list below are not Title IV-E eligible. The Department
			 may authorize the following allowable school costs if sufficient funds are
			 available: [Table not included. See ED. NOTE.]
Tables referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0370 - Payment Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A CF 598
			 (Authorization and Vendor Invoice) must be completed in accordance with
			 instruction and presented to the vendor.
(2) The CF 598 will authorize a maximum
			 amount; however, the vendor may only bill the Department for the actual amount
			 of purchase.
(3) A business will be
			 reimbursed after submitting a CF 598 which certifies goods and/or services were
			 rendered by the business in accordance with the CF 598.
(4) A person or party who has purchased goods
			 or services will be reimbursed upon submitting the completed CF 598 along with
			 original receipt(s) for each item purchased.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0380 - Children in Non-Reimbursed Placement at Oregon State Hospital and Other Non-Reimbursed Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department has established a procedure to provide personal allowances for
			 children who are in custody of the Department and are placed in a
			 non-reimbursed placement at SAIP, SCIP, and other non-reimbursed
			 providers.
(2) Procedure:
(a) Determine if the children have benefits
			 or resource coming in to their trust account. The Department staff can use the
			 IFDF screen to see if the child has a balance in his/her trust account. If
			 there is money in the trust account, the worker can initiate a CF 198 (Trust
			 Action) monthly to receive payment for the child. Maximum monthly amount is not
			 to exceed $30.00;
(b) If the child
			 does not have any benefits or resources coming in, then the allowance payment
			 may be made from "Payments for Special and/or Extraordinary Needs" using the
			 individual the Department location cost center and an object code of 980.092,
			 Personal Allowance. (This is an EAS object code). Department staff would
			 initiate payment by completing a CF 294 (Administrative Expense Voucher)
			 monthly, including the child's case number and person letter. Maximum monthly
			 amount would be $30.00.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0400 - Funeral and Burial Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may pay reasonable and appropriate expenses for services listed in
			 section (3) of this rule only when:
(a) The
			 deceased child or young adult was:
(A) In the
			 legal custody of the Department at the time of death; or
(B) An alleged victim in a CPS assessment;
			 and
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 90 - SUBSTITUTE CARE - PAYMENTS › Section 413-090-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR 413-090-0400  to 413-090-0430  are in OAR
				413-090-0000.
Stat. Authority: ORS
				  418.005
Stats. Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context dictates otherwise, the following
				definitions, and those in OAR 410-170-0020, apply to OAR chapter 413, division
				095.
(1) "Absent day" means a calendar
			 day:
(a) Either the BRS client is:
(A) Enrolled but not physically present in
			 the BRS provider's program and is not on a transitional visit, or
(B) The BRS client is on a transitional visit
			 and present at 11:59 p.m. at a hosting placement that is a BRS contractor or
			 provider;
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0010 - Administration of the BRS Program

Current through Register Vol. 63, No. 7, July 1, 2024
BRS contractors and BRS providers that provide
services
to a
child
in the care or custody of
				the Department of Human Services or one of the federally recognized Oregon
				tribes must comply with the requirements in the
BRS program
general rules (OAR Chapter 410, Division 170 and OAR Chapter 413, Division
				095).
Statutory/Other Authority: ORS
				  183.355,
				  ORS
				  409.050, ORS
				  418.005,
				  ORS
				  411.060, ORS
				  411.070  & ORS
				  411.116
Statutes/Other Implemented: ORS
				  418.315,
				  ORS
				  418.490,
				  ORS
				  418.005,
				  ORS
				  411.070,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  411.116,
				  ORS
				  411.141,
				  ORS
				  418.285,
				  ORS
				  418.312  & ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0020 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Behavior Rehabilitation Services (BRS)
				Program is to remediate the BRS client's debilitating psychosocial, emotional,
				and/or behavioral disorders by providing services such as behavioral
				intervention, counseling, and skills-training. Services must be delivered
				integrating a gender-responsive, culturally sensitive, trauma-informed, and
				developmentally appropriate approach. These rules supplement the BRS program
				general rules with additional requirements for BRS programs provided through
				contract with the Department.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  411.060, ORS
				  411.170 & ORS
				  411.116
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  411.116,
				  ORS
				  418.005,
				  ORS
				  418.015,
				  ORS
				  418.027,
				  ORS
				  411.070,
				  ORS
				  411.141,
				  ORS
				  418.285,
				  ORS
				  418.312,
				  ORS
				  418.315,
				  ORS
				  418.490  & ORS
				  418.495
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0040 - Prior Authorization for the BRS Program; Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) BRS program
			 eligibility.
(a) The Department may provide
			 prior authorization for the BRS program for a child who:
(A) Meets the requirements in OAR
			 410-170-0040(2)(a)(A) to (C); and
(B) Is in the care or custody of the
			 Department or one of the federally recognized Oregon tribes.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0050 - BRS Placement-Related Activities for a Department BRS Contractor and BRS Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A BRS
			 contractor and BRS provider must provide facilities, personnel, materials,
			 equipment, supplies and services, and transportation related to
			 placement-related activities.
(a) Clothing. It
			 is the responsibility of the Department to ensure the BRS client has sufficient
			 clothing at the time of placement with a BRS contractor and BRS provider. It is
			 the responsibility of the BRS contractor and BRS provider to maintain the BRS
			 client's clothing at an adequate and appropriate level. A caseworker may
			 request approval from a child welfare supervisor or program manager for payment
			 for additional clothing when necessary.
(b) Transportation and travel.
(A) A BRS contractor and BRS provider are
			 responsible for arranging or providing transportation for the BRS client for
			 the following:
(i) School, to the extent not
			 provided by the school district;
(ii) Medical, dental, and therapeutic
			 appointments;
(iii) Recreational
			 and community activities;
(iv)
			 Employment; and
(v) Shopping for
			 incidental items.
(B)
			 The cost of transportation for the BRS client for the purposes of visits to
			 foster homes, relatives or fictive kin will be equally shared by the
			 Department, the BRS contractor and BRS provider.
(C) Transportation costs. It is the
			 responsibility of the Department, not the BRS contractor or BRS provider, to
			 ensure the cost of transportation is paid for when that transportation is for
			 the purpose of a court-ordered visitation. The BRS contractor, BRS provider,
			 and the caseworker must jointly plan the transportation method as far in
			 advance as possible.
(D) Written
			 authorization from the Department must be received by the BRS contractor and
			 BRS provider prior to transporting, or authorizing transport, of a child or
			 young adult in the care or custody of the Department outside the state of
			 Oregon or outside the United States.
(E) A BRS contractor and BRS provider must
			 request approval from the Department no less than 90 days prior to any
			 international travel with a child or young adult in the care or custody of the
			 Department placed with a BRS provider or BRS contractor.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0060 - Billing and Payment for Services and Placement-Related Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Billable care
			 day:
(a) The BRS contractor is compensated
			 for billable care day services and placement-related activities rates on a
			 fee-for-service basis in accordance with OAR 410-170-0110.
(b) The BRS contractor may include overnight
			 home visits and transitional visits by the BRS client to a hosting placement in
			 its billable care days. The BRS contractor must:
(A) Receive prior approval for the home visit
			 or transitional visit to a hosting placement from the Department;
(B) Ensure that the home visit or
			 transitional visit is in support of the goals related to transition in the BRS
			 client's most current service plan; and
(C) Not exceed eight calendar days of any
			 combination of home visits or transitional visits in a month as billable care
			 days. Transitional visits have the same restrictions and requirements as home
			 visits as indicated in OAR 410-170-0110.
(c) The Department will reimburse the sending
			 placement or BRS provider at the BRS rate for the BRS type of care listed in
			 the contract. Hosting placement will be reimbursed at the absent rate for the
			 BRS level of care in the contract or the equivalent foster care rate.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 95 - BEHAVIOR REHABILITATION SERVICES PROGRAM (BRS) › Section 413-095-0070 - When a Child or Young Adult Placed with a BRS Program is Missing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a BRS
			 client is missing, the BRS contractor or BRS provider must immediately report
			 information about the missing BRS client to the following:
(a) Law enforcement;
(b) The National Center for Missing and
			 Exploited Children; and
(c) The
			 Department.