Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to terms used in OAR chapter
				416, division 530.
(1) Adjudicated
			 youth: A person who has been found to be within the jurisdiction of the
			 juvenile court under ORS 419C.005 for an act committed when the person was
			 under 18 years of age.
(2)
			 Adjudicated Youth Foster Home Certificate: A certificate of approval, issued by
			 OYA, granting approval to operate and maintain an adjudicated youth foster home
			 or provide respite care.
(3)
			 Adjudicated youth foster home: A home in the community that is maintained and
			 lived in by an OYA-certified foster parent who provides care, supervision,
			 food, and lodging on a 24-hour basis for an adjudicated youth in that
			 home.
(4) Applicant: A person who
			 applies for an adjudicated youth foster home certification to operate and
			 maintain a foster home for adjudicated youth.
(5) Case plan: A formal plan with prescribed
			 interventions and documentation requirements and a tool to assist staff in
			 managing cases, setting goals, and reviewing adjudicated youth interventions
			 and progress.
(6) Certification
			 process: The process of initial application or recertification to operate and
			 maintain an adjudicated youth foster home.
(7) Computerized criminal records check: The
			 access and use of automated or manual files, or associated systems available to
			 OYA as a criminal justice agency through the Law Enforcement Data Systems
			 (LEDS) including online information from the Federal Bureau of Investigation's
			 (FBI) National Crime Information Center (NCIC), the Oregon Department of Human
			 Services Child Welfare Information System (OR-Kids), and the National Law
			 Enforcement Telecommunications System (NLETS).
(8) Contraband: Any article or thing which an
			 adjudicated youth is prohibited by statute, rule, policy, Juvenile
			 Parole/Probation Agreement, or order, from obtaining, possessing, or which the
			 adjudicated youth is not specifically authorized to obtain or possess, or which
			 the adjudicated youth alters without authorization.
(9) Criminal records check: The process used
			 by OYA to conduct criminal records background checks on persons pursuant to
			 these rules and OAR chapter 416, division 800, including computerized and
			 fingerprint-based processes.
(10)
			 Deadly weapon: Any instrument, article or substance specifically designed for,
			 and presently capable of, causing death or serious physical injury.
(11) Denial: An action by OYA to deny an
			 adjudicated youth foster home certification or re-certification.
(12) Discipline: A process by which foster
			 parents and OYA sanction adjudicated youth for non-compliance with established
			 rules of the foster home and conditions of probation or parole. Such sanctions
			 assist adjudicated youth in developing the self-control and self-direction
			 necessary to assume responsibilities, make appropriate daily living decisions,
			 and learn to live in conformity with accepted levels of social
			 behavior.
(13) Domestic animals:
			 Any of various animals domesticated so as to live and breed in a tame condition
			 as household pets. Examples of domestic animals include but are not limited to
			 dogs, cats, and horses.
(14) Foster
			 Home Agreement: A written agreement between OYA and the foster parent stating
			 mutual expectations of the parties.
(15) Foster care certifier (Certifier): The
			 OYA staff member responsible for the recruitment, training, certification,
			 support, and supervision of OYA foster homes.
(16) Foster parent: A person certified by OYA
			 who demonstrates special competence to supervise adjudicated youth with serious
			 social or behavioral maladaptive characteristics in an adjudicated youth foster
			 home setting.
(17) Frequent
			 visitor: A person who regularly visits a foster home more than five hours a
			 week when adjudicated youth placed in the foster home are present.
(18) Home study: An assessment, conducted
			 prior to issuance of an Adjudicated Youth Foster Home Certificate, to determine
			 an applicant's ability and suitability to provide foster care services to
			 adjudicated youth.
(19) Inactive
			 referral status: A temporary change in the terms of the adjudicated youth
			 foster home certification that precludes new referrals of adjudicated youth to
			 the home.
(20) Information
			 required: All information requested by OYA, including information used to
			 conduct criminal records checks.
(21) Inhalant delivery system: A device used
			 to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a
			 person inhaling from the device. Does not include any product that has been
			 approved by the United States Food and Drug Administration for sale as a
			 tobacco cessation product or for any other therapeutic purpose if the product
			 is marketed and sold solely for the approved purpose.
(22) Juvenile parole/probation officer
			 (JPPO): The OYA case manager who works with the adjudicated youth and the
			 adjudicated youth's family and the community while the adjudicated youth is in
			 OYA custody.
(23) Mechanical
			 restraint: Any apparatus, device, or contraption applied or affixed to an
			 adjudicated youth to limit movement.
(24) Member of the household: Any person,
			 other than an adjudicated youth, who lives in the adjudicated youth foster
			 home, on the property where the adjudicated youth foster home is located, is a
			 frequent visitor to the foster home, or who assists in the care provided to an
			 adjudicated youth in the foster home.
(25) Multidisciplinary Team (MDT): A group of
			 persons including, but not limited to, OYA staff, the adjudicated youth's
			 biological and foster family, and service providers responsible for developing,
			 reviewing, and revising comprehensive case plans for adjudicated
			 youth.
(26) OYA Reporting Line: The
			 phone number managed by the OYA Professional Standards Office used to report
			 abuse or file a complaint related to OYA youth, staff, volunteers, contractors,
			 or foster parents.
(27)
			 Psychotropic medications: Medication prescribed with the intent to affect or
			 alter thought processes, mood, or behavior, including but not limited to,
			 anti-psychotic, antidepressant, and anxiolytic medication and behavior
			 medications. The classification of a medication depends upon its stated,
			 intended effect when prescribed because it may have many different
			 effects.
(28) Records: Any
			 information in written or electronic form, pictures, photographs, charts,
			 graphs, recordings, or documents pertaining to an adjudicated youth's
			 case.
(29) Relative foster parent:
			 An OYA foster parent that is related to the adjudicated youth by blood or
			 marriage, excluding the adjudicated youth's biological or adoptive
			 parents.
(30) Respite care: A
			 temporary arrangement between a foster parent and an OYA-certified respite
			 provider to allow the foster parent(s) time away from an adjudicated
			 youth.
(31) Respite provider: An
			 individual, at least 21 years of age and certified as an OYA foster parent, who temporarily assists with supervision of one or more adjudicated youth when
			 the full-time foster parent is not available or is spending time away from an
			 adjudicated youth.
(32) Revocation:
			 An action taken by OYA to rescind an Adjudicated Youth Foster Home Certificate
			 based on non-compliance with statute, administrative rule, or the Adjudicated
			 Youth Foster Home Agreement.
(33)
			 Second-hand smoke or vapor: Smoke or vapor that is exhaled by a smoker or
			 inhalant delivery system user, or originates from a product that a person is
			 using to which a second person is exposed, and includes smoke or vapor from a
			 cigarette, cigar, pipe, inhalant delivery system, or other material.
(34) Sex trafficking: The recruitment,
			 harboring, transportation, provision, obtaining, patronizing, or soliciting of
			 a person for the purpose of a commercial sex act.
(35) Structured supervision: Supervision and
			 knowledge of the approved whereabouts of an adjudicated youth by a certified
			 foster parent while the adjudicated youth engages in daily living activities or
			 recreation.
(36) Suspension: A
			 temporary withdrawal of an adjudicated youth foster home certification by OYA
			 pending determination of the foster parent's non-compliance with statute,
			 administrative rule, or the Adjudicated Youth Foster Home Agreement.
(37) Termination: An action taken by OYA or
			 the foster parent to terminate the Adjudicated Youth Foster Home
			 Agreement.
(38) Volunteer: Any
			 person who is not a foster parent or member of the household and who assists
			 adjudicated youth in the home with activities for no compensation and under
			 foster parent supervision.
(39)
			 Vulnerable person: Includes but is not limited to a child, elderly person,
			 person with a disability or person residing in a long-term care facility as
			 defined in ORS 442.015, a residential facility as defined in ORS 443.400,
			 including but not limited to an assisted living facility, or an adult foster
			 home as defined in ORS 443.705.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 -
				  420.892