reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in ORS
				430.735, the following terms are
				defined as used in these rules, OAR chapter 419, division 130.
(1) "Abuse" means as defined in ORS
			 430.735.
(2) "Abuse Investigation and Protective
			 Services Report" means a written report completed under these rules.
(3) "Adult" as used in these rules means an
			 individual who is 18 years of age or older and receiving treatment services for
			 a substance use disorder in a residential treatment facility (RTF), residential
			 treatment home (RTH) or detoxification center licensed by the Oregon Health
			 Authority (OHA).
(4) "Adult
			 protective services" as defined in ORS
			 430.735 means the necessary
			 actions taken to prevent abuse or exploitation of an adult, to prevent
			 self-destructive acts, and to safeguard an allegedly abused adult's person,
			 property, or funds, including petitioning for a protective order as defined in
			 ORS 125.005. Any actions taken to
			 protect an adult must be undertaken in a manner that is least intrusive to the
			 adult and provides for the greatest degree of independence.
(5) "Accused Person" or "Accused Provider"
			 (AP) means the respondent in an abuse investigation conducted under these
			 rules, alleged or determined to have committed abuse and is a:
(a) Licensed SUD residential treatment
			 facility (RTF), residential treatment home (RTH) or Detoxification Center;
			 or
(b) Staff, contractor or
			 volunteer in an RTF, RTH or Detoxification Center.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0020 - Training for OTIS Investigators and Abuse Reviewers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS
			 shall provide sufficient and timely training and consultation to ensure that
			 OTIS investigators and abuse reviewers are able to conduct a thorough and
			 unbiased investigation to make a determination about the alleged abuse under
			 OAR chapter 419, division 130.
(2)
			 Training shall include initial and continuing education to address initial
			 action on complaints, screening and conducting abuse investigations.
(3) The training shall address the cultural
			 and social diversity of Oregon, focus on the vulnerable populations served and
			 those who provide services, and include trauma-informed practices.
(4) Training for OTIS investigators and abuse
			 reviewers under these rules (OAR chapter 419, division 130) will also include
			 specific information related to operations of substance use disorder facilities
			 and confidentiality of alcohol & drug services and records under 42 CFR
			 Part 2.
(5) OTIS employees
			 conducting investigations or abuse reviews under OAR chapter 419, division 130
			 shall participate in the core competency training and quarterly meetings
			 provided to mental health investigators and demonstrate an understanding of
			 investigative core competencies. Core competencies in the areas of:
(a) Interviewing;
(b) Gathering relevant information through
			 records and site visits;
(c)
			 Weighing the evidence; and
(d)
			 Making abuse determinations.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0030 - Initial Action on Complaints of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of a complaint alleging abuse, OTIS shall document the reported
			 information as required by ORS
			 430.743 and any additional
			 information reported.
(a) OTIS shall attempt
			 to elicit the following information from the reporter:
(A) The age and present location of the
			 allegedly abused adult.
(B) The
			 adult's name, if releasable by:
(i) A Part 2
			 SUD program when related to serious event reporting at the SUD
			 facility;
(ii) A release of
			 information to OTIS signed by the adult or their legal representative/guardian
			 (if applicable) and request a copy; or
(iii) If the reporter is not subject to Part
			 2 confidentiality regulations, such as the SUD resident, then names may be
			 documented as part of initial reporting.
(C) The names and addresses of the persons
			 responsible for the adult's care.
(D) The nature and extent of the alleged
			 abuse, including any evidence of previous abuse.
(E) Any information that led the reporter to
			 suspect abuse occurred.
(F) Any
			 other information that the reporter believes might be helpful in establishing
			 the cause of the abuse and the identity of the AP. And,
(G) The date of the incident.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0040 - Screening Activities and Initial Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Screening is
			 the process used to gather and assess information to determine the responses
			 and whether the conduct described in the complaint meets the definition of
			 abuse and there is reasonable cause to believe the alleged abuse requires
			 investigation as stated in these rules.
(a)
			 OTIS shall document screening activities completed and the information
			 supporting the decision to either assign an abuse investigation or close the
			 complaint at screening.
(b) OTIS
			 shall provide written notifications to HSD Licensing on any abuse allegations
			 received and assigned for investigation.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0050 - Assessment for and Provision of Protective Services for Residents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the initial receipt of a complaint
			 or report of alleged abuse, OTIS shall contact the assigned HSD specialist to
			 begin assessing needed or provided protective services, and any needed
			 collaboration with the SUD facility.
(2) An attempt at direct contact with the
			 alleged victims who are SUD residents shall be determined between OTIS or HSD
			 Licensing as part of assessing protective service needs, determining if the
			 alleged victim is in danger or in need of immediate protective services.
(a) OTIS or HSD Licensing may decide not to
			 attempt direct contact if the resident's clinician states a health, safety or
			 well-being concern exists.
(b)
			 Direct contact is not required if the alleged victim is no longer a resident of
			 the facility.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0060 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigation of abuse allegations shall
			 be thorough, unbiased and conducted by a trained OTIS investigator.
(a) Community programs and SUD facilities
			 must provide the investigator access to employees and the premises for
			 investigation purposes.
(b) Access
			 to SUD residents or their identifying information (name and records) shall be
			 upon receipt of a signed release authorizing disclosure of this Part 2
			 information to OTIS.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0070 - Abuse Investigation and Protective Services Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OTIS shall provide HSD Licensing with a completed abuse investigation and
			 protective services assessment report within 60 calendar days of receiving the
			 complaint alleging abuse.
(2) In
			 cases where the investigator cannot complete an investigation within 60
			 calendar days and for good cause, the investigator shall submit a written
			 request for an extension of time to the OTIS manager.
(a) "Good cause" for an extension means:
(A) When law enforcement is conducting an
			 investigation or in process of prosecution;
(B) A material party or witness is
			 temporarily unavailable; or
(C) New
			 evidence is discovered that leads to additional allegations.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0080 - Notifications at the Conclusion of an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 an abuse determination is made and the investigation report has been approved
			 to close, OTIS shall make and document the notifications described in this
			 rule.
(2) When an allegation is
			 determined to be not substantiated under these rules, OTIS shall provide
			 written notice of the outcome to the AP. A copy of this notification will be
			 provided to:
(a) The OHA HSD specialist;
			 and
(b) The SUD facility.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0090 - Administrative Review Process for Substantiated Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The OTIS reviewer shall review the completed abuse investigation report; and
			 records collected as part of the investigation.
(2) The OTIS reviewer shall interview the AP
			 if requested and the AP may have legal representation or other person present
			 during the interview. The OTIS reviewer shall consider any verbal or written
			 information offered by the AP.
(3)
			 The OTIS reviewer may not re-open the investigation by interviewing the alleged
			 victim, witnesses or others mentioned in the investigation, or gather
			 additional records or evidence to conduct a further investigation of the
			 allegation of abuse.
(4) The OTIS
			 reviewer shall recommend to the OTIS director, whether to change or maintain
			 the substantiated abuse finding based upon their review of the evidence
			 described in sections (1) and (2).
(5) The OTIS reviewer shall prepare a written
			 summary of information gathered as described in sections (1) and (2) upon which
			 the recommendation was based within 30 calendar days of OTIS's receipt of the
			 AP's request for review.
(6) After
			 reviewing the written information from the designated OTIS reviewer, the OTIS
			 director shall make a final determination on the abuse finding within 15
			 calendar days and a Final Order shall be issued.
Statutory/Other Authority: ORS
				  409.010,
				  409.050,
				  413.085 & ORS
				  430.731
Statutes/Other Implemented: ORS
				  430.731, ORS
				  183.480 and
				  183.484, 42 CFR, Part 2, Oct. 1,
				  2018 & 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section
				  2)
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0100 - Issuing Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS shall
			 issue written Final Orders to the AP for all substantiated allegations of abuse
			 investigated under ORS
			 430.735 to
			 430.765.
(2) All Final Orders shall be signed by the
			 OTIS director as authorized by the Department Director.
(3) The Final Order shall be issued when:
(a) When no request for a review is received
			 after 30 calendar days from the date of the Notice of Substantiated Abuse;
			 or
(b) Upon completion of the
			 administrative review process detailed in OAR 419-130-0090.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0110 - Disclosure of Investigation Report and Related Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The abuse investigation report and underlying investigatory documents are
			 confidential and are not available for public inspection.
(2) OTIS shall inform HSD Licensing of
			 notifications to other health care professional boards for an AP with a Final
			 Order of substantiated abuse and whose treatment practice is regulated by
			 another professional licensing or certification board.
(3) Individuals or entities receiving
			 confidential information pursuant to this rule shall be informed they are to
			 maintain the confidentiality of the information and shall not re-disclose the
			 confidential information to unauthorized individuals or entities, as required
			 by state or federal law.
(4) A
			 centralized record of all abuse investigation reports without Part 2 records
			 and information shall be maintained by OTIS and HSD for abuse investigations
			 conducted by OTIS under ORS
			 430.735.
Statutory/Other Authority: ORS
				  409.010,
				  409.050,
				  413.085 & ORS
				  430.731
Statutes/Other Implemented: ORS
				  430.731,
				  430.205 and
				  430.210 (amended by OL 2019,
				  Chapter 236), 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765 (amended by OL
				  2018, Chapter 77, Section 2), 443.400 - 443.455 & 430.256, 430.306,
				  430.335, 430.338, 430.357, 430.397, 430.399, 430.630,
				  430.640
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR Chapter 419 Division 300 is to ensure that
				Referral Agents who refer children to "programs" are registered with the Oregon
				Department of Human Services. This rule applies to both children that are
				residents of Oregon being referred to a "program" out of the State of Oregon or
				children from other states that are being referred to a "program" in the State
				of Oregon.
Statutory/Other Authority: ORS 418.351 to 418.357 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to the rules in OAR Chapter 419, Division 300:
(1) "Applicant" means a person that has
			 submitted an application and disclosure to register as a Referral
			 Agent.
(2) "Certificate of
			 Registration" means the document a referral agent or agency receives when the
			 agent has completed the Department approved "program" Referral Registration
			 requirements. A Certificate of Registration does not constitute recommendation
			 or endorsement of the referral agent by the Oregon Department of Human
			 Services, and a registration does not evidence the accuracy or completeness of
			 the information set forth in the disclosure.
(3) "Client" means a parent or guardian or
			 other person seeking a referral or recommendation for "programs" for a person
			 under the age of 18 who is experiencing behavioral, emotional, mental health,
			 substance use, delinquency, or disability-related challenges. as defined in
			 this rule.
(4) "Compensation"
			 means:
(a) Any financial or material gain from
			 one or more "program" in a total amount of $75.00 or more during a calendar
			 year in exchange for providing program referral services to those "programs";
			 including, but not limited to, gain by salary, benefits, commission, payment,
			 gift cards, donations, discounts, and other items of value that result in
			 material gain to the person providing program referral services.
(b) "Compensation" does not include:
			 Expenditures by "programs" to educate the referral agent regarding a particular
			 "program", as long as long as they are customary, ordinary, and reasonable.
			 Travel, lodging and meals associated with visiting a "program" or a working
			 lunch when a referral agent visits a "program" are customary, ordinary, and
			 reasonable expenditures."
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0010 - Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
A referral agent who provides a referral to a client who's
				child is a resident of the State of Oregon or a client who's child will be
				placed in the State of Oregon in a "program" must be registered and obtain a
				Certificate of Registration with the Department if they:
(1) Provide referral services to a client on
			 or after January 1, 2022.
(2)
			 Solicit prospective clients and "programs"; or
(3) Collect compensation from a "program" for
			 placement of a client on or after January 1, 2022.
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to
				  419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0020 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
All referral agents must apply to be registered with the
				Department as a referral agent prior to making a program referral.
(1) APPLICATION FOR REGISTRATION:
(a) Application for registration must be made
			 to the Department on forms prescribed by the Department. The application must
			 include:
(A) The registration fee as described
			 in section (2) of this rule;
(B)
			 The disclosure as described in OAR 419-300-0030.
(C) General liability insurance requirements,
			 as described in OAR 419-300-0050; and
(D) Background check requirements as
			 described in OAR 419-300-0040.
(E)
			 A valid e-mail address.
(F) A copy
			 of the referral agent's complete personnel list with job titles, and
			 organization chart.
(G) Other
			 documents or information requested by the Department.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0030 - Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All referral agents must have a written
			 disclosure and shall provide it to the following:
(a) The client for every "program" the client
			 is referred to; and,
(b) The
			 Department, as part of the application and renewal process, and any time upon
			 request.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0040 - Background Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any referral
			 agent, including any employee of a referral agent, who comes into direct
			 contact with clients, subjects of placement, or who tours any "program" must
			 complete a background check process with the Department's Background Check Unit
			 (as described in OAR 407-007-0200  to 407-007-0370) and have an outcome of
			 approved by the Department's Background Check Unit.
(2) Direct contact includes:
(a) In-person contact;
(b) Telephone contact with clients or subject
			 of placement to obtain client-specific information or the subject of
			 placement's information, including, but not restricted to a client's or the
			 subject of placement's medical, financial, treatment, and/or "program" needs;
			 or
(c) Electronic communication
			 with clients or subject of placement to obtain client-specific information or
			 the subject of placement's information, including, but not restricted to a
			 client's or the subject of placement's medical, financial, treatment, and/or
			 "program" needs; or
(d) Contact
			 with clients or the subject of placement through written communication via US
			 mail, any other delivery services, or facsimile to obtain client-specific
			 information or the subject of placement's information, including, but not
			 restricted to a client's medical, financial, treatment, and/or "program"
			 needs.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0050 - General Liability Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant must demonstrate that they maintain at least one million dollars
			 in general liability insurance.
(2)
			 A referral agent must demonstrate that they maintain at least one million
			 dollars in general liability insurance upon renewal of registration.
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to
				  419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0060 - Program Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A referral
			 agent shall provide a client with a disclosure at the same time the client is
			 offered information, referral, or recommendation regarding a "program." The
			 written disclosure must meet the same standard as the disclosure that was
			 provided to the Department as described in OAR 419-300-0030.
(2) The referral agent must provide to the
			 client a website or written notice for each "program" to which the referral
			 agent makes program referrals. The website or written notice must include the
			 following:
(a) A link to the state agency
			 website listing licensing or substantiated abuse complaints concerning the
			 "program";
(b) Contact information
			 to facilitate reporting of abuse or neglect and licensing violations in the
			 state in which the "program" is located; and
(c) Contact information for all law
			 enforcement agencies responsible for coverage of the community in which the
			 "program" is located.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0070 - Contracting with a "Program"

Current through Register Vol. 63, No. 7, July 1, 2024
A referral agent must include in any contract with a "program"
				any provisions prohibiting the referral agent from collecting compensation for
				a referral to a "program" when the "program" is a subsequent program as
				described in this subsection.
(1) A
			 "program" is a subsequent program if:
(a) The
			 subject of placement enters a "program" to which the subject of placement is
			 referred by a first referral agent, but subsequently leaves that "program";
			 and
(b) A new referral agent refers
			 the subject of placement to the subsequent program.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0080 - Subject of Placement and Client Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A referral agent must maintain the client's and the subject of placement's
			 records for a minimum of five years after the subject of placement turns 18 and
			 is no longer receiving services from the referral agent, whichever is
			 greater.
(2) A referral agent must
			 provide a client access to the client's and the subject of placement's records,
			 retained by the referral agent, within 30 calendar days of the client's oral or
			 written request for records.
(3) A
			 referral agent must provide the Department with any client records upon request
			 by the Department.
(4) Records must
			 be must accurately prepare and safely store its records and ensure the records
			 are readily available for inspection by the Department.
(5) Records must be uniform in organization,
			 readily identifiable and accessible, current and complete, and contain all of
			 the information required in OAR 419-300-0005 (17).
(6) Records must be corrected, when
			 necessary, by the use of a single line drawn through the incorrect information,
			 the addition of the correct information, a notation of the date the correction
			 is made, and the initials of the person making the correction. No "white out,"
			 eraser tape, or other means of eradicating information may be used to make a
			 change to a record.
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to
				  419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0090 - Mandatory Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Referral
			 agents are mandatory reporters of child abuse pursuant to ORS 419B.005 through
			 419B.050. This includes abuses occurring in child-caring agencies as defined in
			 ORS 418.205 through 418.327.
(2)
			 Mandatory Reporters are any public or private official having reasonable cause
			 to believe that any child with whom the official comes in contact has suffered
			 abuse or that any person with whom the official comes in contact has abused a
			 child shall immediately report or cause a report to be made in the manner
			 required in ORS 419B.015.
(3)
			 Referral agents are required to complete mandatory reporting training approved
			 by the Department.
Statutory/Other Authority: ORS 409.050, ORS 418.205 to
				  418.327, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS 409.050, ORS 418.205 to
				  418.327 & ORS 419B.005 to
				  419B.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0100 - Prohibited Activities

Current through Register Vol. 63, No. 7, July 1, 2024
A referral agent is prohibited from the following
				activities:
(1) Sharing a client's or
			 subject of placement's information to a "program" or marketing affiliate
			 without obtaining affirmative consent from the client for each instance of
			 sharing or selling the information.
(2) Referring a client or a subject of
			 placement to a "program" in which the referral agent or an immediate family
			 member of the referral agent has an ownership interest.
(3) Contacting a client who has requested in
			 writing that the referral agent stop contacting the client.
(4) Referring a client to a "program" that is
			 not licensed by the agency responsible for licensing "programs" in the state
			 where the "program" is located.
(5)
			 Referring a client to a "program" without personally touring the "program"
			 within the prior 24 months. If the tour occurred during a time when personal
			 tours were prohibited by a federal, state, or local emergency declaration,
			 virtual tours are permitted.
(6)
			 Referring a client to a "program" that has had a restriction, revocation, or
			 suspension of its license by any licensing entity within the prior 12
			 months.
(7) Referring a client to
			 an organization or company that offers secure transportation services that is
			 not approved by the Department to accept referrals, under rules that have been
			 or will be adopted by the Department.
(8) Referring a client to a "program" that
			 provides any compensation, or consideration to the referral agent in exchange
			 for the referral.
(9) A referral
			 agent can neither solicit nor accept compensation from "program" for placing or
			 attempting to place students with them. They scrupulously avoid behavior that
			 might be construed as soliciting or accepting compensation.
(10) A referral agent is expressly forbidden
			 quid pro quo relationships involving referral of clients tied with referrals
			 back to members and relationships that promise the exclusive or more favorable
			 use of a particular "program".
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to
				  419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0110 - Administrative Sanctions and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may impose an administrative sanction or a civil
				penalty against a referral agent for noncompliance with these rules (OAR
				419-300-0000  - 419-300-0100), as follows:
(1) ADMINISTRATIVE SANCTIONS: The Department
			 may deny, suspend, revoke, or refuse to renew a registration when the
			 Department finds:
(a) There has been
			 substantial failure to comply with these rules or where there is substantial
			 noncompliance with local codes and ordinances or any other state or federal law
			 or rule applicable to rights of clients receiving the services under these
			 rules.
(b) The application or
			 renewal for the Certificate of Registration contains fraudulent information or
			 material misrepresentations.
(c)
			 The referral agent fails to comply with a final order of the Department to
			 correct a violation of these rules for which a licensing action or
			 administrative sanction has been imposed; or
(d) The referral agent fails to comply with a
			 final order of the Department imposing a licensing action or administrative
			 sanction.
(e) The referral agent
			 has been determined to have a potential disqualifying conviction or potential
			 disqualifying condition under OAR 407-007-0041  and after a final fitness
			 determination was denied under OAR 407-007-0320.
(f) The referral agent has an incomplete
			 fitness determination or a final fitness determination of denied in accordance
			 with the "Background Checks for Providers" rules, OAR 407-007-0200  to
			 407-007-0370, without a subsequent background check approval for the position
			 of referral agent.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 300 - REFERRAL AGENTS FOR PROGRAMS › Section 419-300-0120 - Notice and Hearing Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NOTICE. A
			 notice of administrative sanction or civil penalty shall follow procedures
			 established by ORS 183.745 Civil Penalty Procedures and will be sent by
			 Mail.
(2) RIGHT TO HEARING. If the
			 Department proposes an administrative sanction or civil penalty the referral
			 agent is entitled to a contested case hearing pursuant to ORS Chapter
			 183.
(3) REQUEST FOR HEARING. A
			 referral agent who wishes to contest the proposed administrative sanctions or
			 civil penalty must request a hearing within 20 calendar days of the date of
			 mailing of the notice. The request must be made in writing and mailed or
			 electronically submitted to the address in the notice. If mailed by First Class
			 Mail, the date of postmark shall be the date of request.
(4) INFORMAL REVIEW. As part of this
			 contested case hearing process, the referral agent may request that an informal
			 review be held to discuss the merits of the case before the contested case
			 hearing.
(a) The Department has discretion
			 concerning whether to grant an informal review. If the Department grants the
			 informal review, the referral agent will be contacted, and an informal review
			 will be scheduled.
(b) If the
			 referral agent and the Department resolve the issues to the satisfaction of the
			 referral agent, then the Department will contact the Office of Administrative
			 Hearings (OAH) and inform OAH the contested case hearing will not need to
			 proceed if the referral agent was referred to OAH for resolution.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, these terms are defined
				for use in OAR chapter 419, division 400:
(1) "Academic boarding school" means an
			 organization or a program in an organization that:
(a) Provides educational services and care to
			 children 24 hours a day; and
(b)
			 Does not hold itself out as serving children with emotional or behavioral
			 problems, providing therapeutic services, or assuring that children receive
			 therapeutic services.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0010 - Licensing Umbrella Rules: Regulation of Child-Caring Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 is required to regulate and license certain organizations and agencies that
			 care for children. The rules in OAR chapter 419, division 400 establish the
			 requirements of the Department for obtaining and maintaining the required
			 license, and the policies of the Department required by ORS
			 418.205 to
			 418.327.
(2) These umbrella rules (OAR 419-400-0005  to
			 419-400-0310) apply to all of the following types of child-caring agencies:
(a) An adoption agency (further regulated by
			 OAR 419-420-0010  to 419-420-0160).
(b) A foster care agency (further regulated
			 by OAR 419-440-0010  to 419-440-0210).
(c) A residential care agency (further
			 regulated by OAR 419-470-0010  to 419-470-0180).
(d) An outdoor youth program (further
			 regulated by 419-460-0010  to 419-460-0260).
(e) A day treatment agency (further regulated
			 by OAR 419-430-0010  to 419-430-0110).
(f) A homeless, runaway, and transitional
			 living shelter (further regulated by OAR 419-450-0010  to
			 419-450-0120).
(g) An academic
			 boarding school (further regulated by OAR 419-410-0010  to
			 419-410-0150).
(h) A therapeutic
			 boarding school (further regulated by OAR 419-490-0010  to
			 419-490-0170).
(i) A private
			 school, agency, or organization providing similar care or services for children
			 as the schools, agencies, or organizations described in subsections (a) to (h)
			 of this section or that otherwise meets the definition of a child-caring agency
			 under ORS 418.205(2)(a).
(j) A secure transportation services provider
			 further regulated by OAR 419-480-0010  to 419-480-0120.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0020 - Licensing Umbrella Rules: Requirement to Obtain and Comply with License

Current through Register Vol. 63, No. 7, July 1, 2024
Except for a licensee subcontractor that provides limited
				services under OAR 419-400-0120(6)(b):
(1) A child-caring agency must have a license
			 issued by the Department in accordance with OAR chapter 419, division 400. A
			 licensee must at all times comply with the provisions of the license and with
			 all laws and rules applicable to the child-caring agency.
(2) A child-caring agency may not represent
			 itself as able to or purport to provide services governed by the rules in OAR
			 chapter 419, division 400, except the services the child-caring agency is
			 authorized by law and rules and licensed to provide.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, ORS
				  418.215 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0030 - Licensing Umbrella Rules: Requirements Related to Corporation Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a
			 corporation, or a County run program, may receive a license from the Department
			 under these rules (OAR 419-400-0005  to 419-400-0310). A limited liability
			 company is an unincorporated association, and not a corporation, and may not be
			 licensed under OAR chapter 419, division 400.
(2) In-state and out-of-state corporations
			 must meet all requirements of the Oregon Secretary of State, Corporation
			 Division in order to receive a license from the Department.
(3) A child-caring agency's articles of
			 incorporation, its bylaws, or another written document approved by the board of
			 directors must clearly set forth the purposes of the organization.
(4) A
licensee
must submit
			 to the Department within seven business days each amendment to its articles of
			 incorporation, bylaws, statement of its purposes, and name
			 registration.
(5) A county operated
			 Child Caring Agency is exempt from the requirements relating to corporate
			 status.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, Act of July 1, 2019,
				  Ch. 619, 2019 OR. Laws 80 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0040 - Licensing Umbrella Rules: Governance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Governing board requirements.
(a) A child-caring agency must have a
			 governing board that has responsibility for its mission, operation, policy,
			 finances, and practices. These responsibilities must be stated in
			 writing.
(b) The governing board of
			 a child-caring agency must be a board of directors consisting of no fewer than
			 five responsible individuals of good moral character who are citizens or legal
			 residents of the United States.
(c)
			 A child-caring agency must maintain a list of the members of the governing
			 board that includes the name, address, telephone number, and board
			 office.
(d) Members of the
			 governing board of a child-caring agency that is a nonprofit child-caring
			 agency may not receive compensation for serving on the board, other than
			 reasonable reimbursement for the expenses associated with their
			 services.
(e) Effective Jan. 1,
			 2020, except for a child-caring agency with five or fewer employees:
(A) Employees and family members of employees
			 may not serve as the board chair.
(B) At least 51 percent of board members must
			 be nonrelated to an employee of the child-caring agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0050 - Licensing Umbrella Rules: Financial Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Budget. A child-caring agency must
			 operate under an annual line-item budget, showing planned expenditures and
			 sources of income, which has been approved by the governing board as the plan
			 for management of its funds, and provide a copy to the Department as required
			 by OAR 419-400-0210  and upon request.
(2) Funding. The annual budget of a licensee
			 must document that the licensee has sufficient funds to meet the requirements
			 of licensure, to operate the programs the licensee is licensed to operate, and
			 to provide the services the licensee has stated the child-caring agency will
			 provide.
(3) Fiscal accountability.
(a) A child-caring agency must maintain
			 complete and accurate accounts, books, and records following generally accepted
			 principles of accounting. A child-caring agency must provide to the Department
			 current internal financial statements, general ledgers, bank statements, and
			 any other financial records as required in OAR 419-400-0210  and upon
			 request.
(b) The Department may
			 conduct an audit, including a forensic audit, of any child-caring agency to
			 determine compliance with applicable laws and administrative rules. An audit
			 under this subsection shall be at the expense of the Department.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0060 - Licensing Umbrella Rules: Respect of Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
A child-caring agency must respect the race, spiritual beliefs,
				sexual orientation, gender identity and gender expression, disabilities,
				national origin, and cultural identities of a child in care, and provide
				opportunities to enhance the positive self-concept and understanding of the
				child in care. The child-caring agency must ensure that written materials are
				made available in other languages as necessary, or as indicated by the
				demographic environment or the population served by the program.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0070 - Licensing Umbrella Rules: Conflict of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
A child-caring agency must have a conflict of interest policy
				that prohibits preferential treatment of board members, employees, volunteers,
				and contributors. The policy must outline safeguards when the child-caring
				agency allows dual relationships, such as employees serving as proctor foster
				parents, including the requirement that all material facts of the conflicted
				transaction and the direct or indirect interest of the board member, employee,
				volunteer, or contributor are disclosed or known to the board approving the
				conflicted transaction. If circumstances do not permit board approval of the
				conflicted transaction, a non-profit child-caring agency may obtain the
				approval of the Attorney General or the Department prior to entering into the
				transaction.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0080 - Licensing Umbrella Rules: Code of Ethics

Current through Register Vol. 63, No. 7, July 1, 2024
If a child-caring agency subscribes to a code of ethics, or if
				the child-caring agency expects that all or some portion of its staff subscribe
				to a code of ethics, the child-caring agency must identify the code and make it
				available for review upon request.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0090 - Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Rights of children in care and families served by the child-caring agency. A
			 child-caring agency must guarantee the rights of children in care and the
			 families the child-caring agency serves. A child-caring agency must enact and
			 adhere to a policy ensuring those rights. A written copy must be distributed to
			 all children in care and families served by the child-caring agency, and afford
			 the following rights:
(a) Except as provided
			 in paragraph (B) of this subsection, the child in care's right to uncensored
			 communication with legal guardians, caseworkers, legal representatives, and
			 other persons approved for communication by the legal guardian or as provided
			 in a court order.
(A) This right cannot be
			 waived, including voluntarily. Restriction on communication between a child in
			 care and his or her legal guardian may not be a condition of participation in
			 the program.
(B) A child-caring
			 agency may place reasonable limits on communication, but only as provided in
			 the child-caring agency's policy. Reasonable limits include, but are not
			 limited to, having set time periods during the day for visitation and phone
			 calls and imposing moderate limits on the duration of calls or visits. However,
			 a limitation is not considered reasonable if it prevents the ability to
			 meaningfully communicate, such as not allowing contact with a child in care's
			 attorney during regular business hours.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0100 - Licensing Umbrella Rules: Resources Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child-caring agency must ensure that it
			 has sufficient safe space, equipment, and office equipment to deliver its
			 services within Oregon.
(2) A
			 child-caring agency must employ or contract for a sufficient number of
			 competent and qualified employees to perform the functions regulated by these
			 rules and to provide adequate care, safety, protection, and supervision of the
			 children in care and families the child-caring agency serves.
(3) The child-caring agency must ensure that
			 an individual who fulfills more than one staff function or position is trained
			 for and meets the requirements for each position.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0110 - Licensing Umbrella Rules: Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each program it is licensed to
			 operate, a licensee must have and adhere to comprehensive written policies and
			 procedures that are well organized, accessible, and easy to use.
(2) In addition to other policies and
			 procedures required by these rules, the policies and procedures in section (1)
			 of this rule must include:
(a) A written
			 policy on mandatory child abuse reporting, consistent with ORS
			 418.257,
			 418.258,
			 419B.005,
			 419B.010, and
			 419B.015 that includes
			 requirements that child-caring agency employees, staff, contractors, agents,
			 and proctor foster parents do all of the following:
(A) Immediately report suspected child abuse
			 directly to the Department via the child abuse reporting hotline.
(B) Receive child-caring agency-provided
			 training on mandatory abuse reporting requirements as part of employee
			 orientation and at least annually thereafter as described in OAR
			 419-400-0120.
(C) Receive
			 child-caring agency-provided training on the definitions of child abuse in ORS
			 418.257 and
			 419B.005 that apply in
			 child-caring agencies.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0120 - Licensing Umbrella Rules: Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff requirements and hiring. To ensure
			 that the child-caring agency uses only staff and volunteers who do not
			 jeopardize the health, safety, or welfare of children, a child-caring agency
			 and its contractors must meet all of the following requirements:
(a) Comply with the Department's background
			 check rules at OAR 407-007-0200  to 407-007-0370.
(b) Obtain reference checks.
(c) Employ individuals who meet the staff
			 minimum qualifications as stated in the current job description.