reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0150 - Outdoor Youth Programs: Staff Training

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) Written policies,
			 procedures, and training curriculum. An outdoor youth program must have written
			 policies, procedures, and training curriculum regarding minimum requirements
			 for orientation, field training, and ongoing training.
(2) Orientation. Each employee must complete
			 orientation before having any contact with children in care or prospective
			 children in care. The orientation training must include at a minimum:
(a) Outdoor youth program mission and goals,
			 including admissions criteria and services provided.
(b) Personnel structure of the outdoor youth
			 program, including an organizational chart and job descriptions which
			 accurately reflect the responsibilities of staff positions involved in the care
			 and management of children in care, and the management and supervision of field
			 staff;
(c) Overview of the quality
			 improvement program, including the critical incident program;
(d) Risk management procedures and safety
			 precautions;
(e) Instruction in
			 discipline and behavior management policies and procedures of the outdoor youth
			 program, including de-escalation and the use of physical restraint, if
			 applicable;
(f) Instruction in
			 physical assist policies and procedures of the outdoor youth program;
(g) Review and discussion of all other
			 policies relevant to field staff responsibilities, such as clothing, nutrition,
			 vehicle use, communication methods, cooking and camping equipment, and their
			 use; and
(h) Emergency
			 plan.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0160 - Outdoor Youth Programs: Staff Ratios

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) Staff ratio policy.
			 The outdoor youth program must have written policy and maintain documentation
			 of program compliance on staff ratios.
(2) Group size. For a field group, the number
			 of participants may not exceed 12 children in care.
(3) Staffing ratio. Each group of two or more
			 children in care must be staffed as follows:
(a) By at least two staff members, one of
			 whom must be a senior field staff member;
(b) There must be at least one staff member
			 to every three children in care;
(c) Where the gender of a group of children
			 in care is mixed, there must be at least one female staff and one male staff
			 member;
(d) There must be a minimum
			 of five years difference in age between a direct care staff member and the
			 child in care for whom the staff member has sole supervision; and
(e) Volunteers and interns may not be
			 included in the staff ratio unless they meet the qualifications required of
			 staff.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0170 - Outdoor Youth Programs: Age Grouping

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) Minimum Age. A child
			 in care in the outdoor youth program must be at least 10 years of
			 age.
(2) Grouping. The outdoor
			 youth program must have policy and documentation regarding age grouping. An
			 outdoor youth program may place children in care in groups only after taking
			 into consideration these factors: the age, developmental level, physical
			 maturity, social maturity, behavioral functioning, cognitive level, diagnosis
			 (if any), and individual needs of each child in care.
(3) Placement of youth age 10 years through
			 12 years. An outdoor youth program may place children in care 10 years of age
			 through 12 years of age only in a program component designed for this age
			 group, unless the outdoor youth program has been granted an exception by the
			 Department licensing coordinator.
(4) Placement with adults. If the outdoor
			 youth program serves children in care age 18 years of age or older, it may
			 place children in care under the age of 18 in the same group with children in
			 care age 18 and older only after taking special care to assess and minimize the
			 risk to children in care under the age of 18.
(5) Placement decisions. An outdoor youth
			 program must make placements of children in care in groups to maximize each
			 child in care's functioning and minimize the possibility of exploitation. In
			 making the placement decision in section (4) of this rule or in deciding to
			 request an exception to place a child in care age 10 years of age through 12
			 years of age in an older group, an assigned staff member with documented
			 experience placing children in care in groups and who is familiar with the
			 outdoor youth program must:
(a) Base the
			 placement on the factors listed in section (2) of this rule;
(b) Document the basis for the decision and
			 the appropriateness of the placement in the child in care's service plan;
			 and
(c) Review the therapeutic
			 appropriateness of the decision every week after the placement, document
			 whether the decision remains appropriate, and make any changes
			 indicated.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0180 - Outdoor Youth Programs: Referral and Initial Evaluation of Youth

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Affirmative
			 duty to gather sufficient information. An outdoor youth program has an
			 affirmative duty to make reasonable efforts to gather sufficient information to
			 determine the appropriateness of the child in care for the outdoor youth
			 program.
(2) Referral. An outdoor
			 youth program must have a policy that addresses the process by which children
			 in care are referred to the outdoor youth program. The policy must include all
			 of the following:
(a) From whom referrals are
			 accepted and whether the program has any type of relationship with the source
			 of referral, including payment for any services provided by the source of the
			 referral to the program.
(b) On
			 what basis children in care are accepted by the outdoor youth
			 program.
(c) How information
			 necessary to provide for the safety and care of children in care will be
			 provided to the appropriate care staff.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0200 - Outdoor Youth Programs: Critical Incident Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Quality improvement program. An outdoor
			 youth program must have a written quality improvement program which identifies
			 and defines critical incidents, includes a response to each type of critical
			 incident, and includes procedures for the review of critical
			 incidents.
(2) Critical incident
			 training. An outdoor youth program must train staff in critical incident
			 prevention, identification, and response.
(3) Documentation of critical incidents. The
			 outdoor youth program staff must document each critical incident as follows:
(a) Record each incident in the common daily
			 log and complete an incident report immediately following the
			 incident;
(b) Categorize each
			 incident as to type and seriousness;
(c) Record the results of staff debriefing of
			 each critical incident; and
(d)
			 Management must document review of each critical incident report within 24
			 hours of receipt.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0210 - Outdoor Youth Programs: Field Activities

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) Written description.
			 There must be a written description of each field outdoor youth program
			 activity and a schedule, including a detailed itinerary.
(2) Staff briefing. The executive director,
			 field director, or designee must brief staff entering the field. The briefing
			 at a minimum must include:
(a) The planned
			 route, terrain, time schedule, weather forecast, and any potential
			 hazards;
(b) Any procedures unique
			 to that field experience; and
(c)
			 The background of the child in care and any potential problems.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0220 - Outdoor Youth Programs: Communication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, a "Global
			 Positioning System receiver" means a receiver which receives signals from a
			 network of 24 satellites known as the Global Positioning System (GPS) and
			 identifies the receiver's location: latitude, longitude, and altitude to within
			 a few hundred feet.
(2)
			 Communication and support system. An outdoor youth program must maintain a
			 communication system that includes the use of Global Positioning System
			 receivers, two way radio communication, and cell phone communication; or
			 follows the applicable land managing agency requirement and includes:
(a) Reliable communication between each group
			 and the base of operations; and
(b)
			 A back up plan for re-establishing communication to be implemented in the event
			 regular communication fails.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0230 - Outdoor Youth Programs: Work

Current through Register Vol. 63, No. 7, July 1, 2024
In compliance with child labor laws, an outdoor youth program
				may as a constructive experience give children in care non-vocational work
				assignments, which are age appropriate and within the child in care's
				capabilities. The primary purpose of work may not be to substitute for paid
				labor for the benefit of the outdoor youth program, nor may it be to discipline
				the child in care.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 - 418.325 & ORS
				  409.010
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0240 - Outdoor Youth Programs: Animals and Pets

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) Animals and pets
			 must be free from disease and cared for in a safe and clean manner.
(2) An outdoor youth program must take
			 reasonable measures to assure that children in care are not exposed to danger
			 from animals.
(3) All domestic
			 animals and pets must be vaccinated against rabies. Documentation of the
			 vaccination against rabies must be available in the responsible employee's
			 personnel file.
Statutory/Other Authority: ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.990 - 418.998 & ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0250 - Outdoor Youth Programs: Solo Experiences

Current through Register Vol. 63, No. 7, July 1, 2024
If an outdoor youth program conducts individual or separate
				components for child in care (solo experiences) as part of the therapeutic
				process, the program must have and follow written policies and procedures. The
				policies and procedures at a minimum must require all of the following:
(1) Individual solo plan. Each child in care
			 participating in a solo experience must have a plan which includes goals,
			 methods, techniques, time frames, and takes into consideration the maturity,
			 health, and physical ability of the child in care.
(a) The child in care must be instructed on
			 the solo experience and individual plan including expectations, restrictions,
			 communication, environment, and emergency procedures;
(b) Each child in care must have and receive
			 instruction on a back-up plan in case the primary plan does not work;
			 and
(c) A designated staff member
			 must be responsible for coordination and implementation of the plan.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 460 - OUTDOOR YOUTH PROGRAMS › Section 419-460-0260 - Outdoor Youth Programs: Behavior Management

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor youth program must comply with all of the following
				requirements:
(1) If a child in care
			 refuses or is unable to hike, a contingency plan must be developed based on
			 Department approved policies and procedures. The contingency plan must ensure
			 that if the group of children in care is split, there is proper staff coverage
			 for each group of children in care, and communication between the groups of
			 children in care is maintained.
(2)
			 Physical assist.
(a) "Physical assist" means
			 action by staff members to physically aid, support, or redirect children in
			 care who are not resisting. A physical assist includes staff leading children
			 in care along the trail, moving the child in care to his or her campsite by
			 gently pulling on a backpack strap, guiding him or her by the hand or elbow, or
			 placing a hand on the child in care's back. The child in care may not want to
			 be physically assisted, but he or she does not offer resistance.
(b) Appropriate use of a physical assist
			 occurs when staff members physically aid, support, or redirect children in care
			 who are not physically resisting. If a child in care resists reasonable staff
			 direction, staff must assess whether the use of restraint is warranted based on
			 the written nonviolent restraint policy of the outdoor youth program. An
			 intervention becomes a physical restraint when the child in care resists, has
			 "dug in his or her heels", and is propelled or held still against that
			 resistance. Staff members must comply with all applicable physical restraint
			 regulations, including OAR 419-400-0150.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0010 - Residential Care Agencies: What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 419-470-0010  to 419-470-0180, regulate a
				child-caring agency licensed as a residential care agency. A residential care
				agency must also comply with OAR 419-400-0005  to
				419-400-0310.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.310
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0020 - Physical Plant Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A residential care agency may not allow
			 children in care to have access to, or provide services regulated by these
			 rules (OAR 419-470-0010  to 419-470-0170) in, a building unless the building has
			 been certified as meeting all applicable state and local construction-related
			 requirements for a building used by the residential care agency.
(2) A residential care agency must meet all
			 of the following requirements:
(a) All
			 buildings where children in care are present must be smoke-free.
(b) All buildings owned, maintained, or
			 operated by the residential care agency to provide services to children in care
			 must meet all applicable state and local building, electrical, plumbing, and
			 zoning codes.
(c) All areas of
			 buildings where children in care are present must be kept clean and in good
			 repair. Major appliances and heating, ventilation, plumbing, and electrical
			 systems must be functional and in good repair.
(d) Each room used by children in care must
			 have floors, walls, and ceilings that meet the interior finish requirements of
			 the applicable Oregon Structural Specialty Code (see the current version of OAR
			 837-040-0140) and the Oregon Fire Code (see the current version of OAR
			 837-040-0010  and 837-040-0020) and be free of harmful drafts, odors, and
			 excessive noise.
(e) Each room used
			 by children in care must be adequate in size and arrangement for the purpose in
			 which it is used.
(f) A system
			 providing a continuous supply of hot and cold water must be distributed to taps
			 conveniently located throughout each facility.
(g) Water systems serving the property must
			 be installed and maintained in compliance with applicable drinking water
			 regulations (see OAR chapter 333) from the Public Health Division of the Oregon
			 Health Authority.
(h) Heat and
			 ventilation.
(A) Buildings must be ventilated
			 by natural or mechanical means and must be free of excessive heat,
			 condensation, and obnoxious odors.
(B) Room temperature must be maintained
			 within a normal comfort range.
(i) Water temperature and access to water:
(A) A continuous supply of hot and cold
			 water, installed and maintained in compliance with this rule and OAR
			 419-470-0030, must be distributed to taps conveniently located throughout each
			 building used to provide services or housing for children in care.
(B) The temperature of hot water used for
			 hand washing, bathing, or showering must be controlled so that it does not
			 exceed 120 degrees Fahrenheit in each building used to provide services or
			 housing for children in care.
(C)
			 Each child in care who lacks the ability to adjust and control water
			 temperature safely must be directly supervised by a staff member of the
			 residential care agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0030 - Room and Space Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following room
				and space requirements:
(1) All parts
			 of the facility must ensure the safety of the children in care.
(2) Living area. A separate living room or
			 lounge area must be available for the exclusive use of residents, employees,
			 and invited guests with a minimum of 15 square feet per child in
			 care.
(3) Bedrooms. Bedrooms for
			 children in care may not be exposed to drafts, odors, or noises that interfere
			 with the health or safety of the occupants. Each bedroom must comply with all
			 of the following requirements:
(a) Have
			 adequate furnishings and personal items for the children in care residing in
			 them.
(b) Be separate from the
			 rooms used for dining, living, multi-purpose, laundry, kitchen, or
			 storage.
(c) Meet Oregon Fire Code
			 requirements relating to egress from the building.
(d) Be an outside room, with a window that
			 operates as designed. If the window is modified from its original design, the
			 fire marshal must approve the modification and indicate the room still meets
			 applicable Oregon Fire Code.
(e)
			 Have a ceiling height of at least 90 inches.
(f) Have a minimum of 60 square feet per
			 occupant.
(g) House no more than 25
			 children in care in one room when a dormitory-style sleeping arrangement is
			 used.
(h) Have permanently-wired
			 light fixtures located and maintained so as to give adequate light to all parts
			 of the room.
(i) Have a window
			 covering on each window to ensure privacy.
(j) Contain beds for children in care that
			 meet both of the following requirements:
(A)
			 There must be at least three feet between beds, including trundle beds if used;
			 and
(B) Bunk beds, if used, must be
			 maintained to ensure safety of the children in care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0040 - Furnishings and Personal Items

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) Furniture. Adequate
			 furnishings must be provided for each child in care including, but not limited
			 to:
(a) A bed, including a frame;
(b) A clean, mattress in good condition, with
			 a minimum thickness of five inches;
(c) A pillow in good condition; and
(d) A private dresser, closet, or similar
			 storage area for personal belongings that is readily accessible to the child in
			 care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0050 - Residential Care Agencies: New Facility or Remodel

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) Building plans.
(a) A residential care agency must submit to
			 the Department for approval a set of plans and specifications for each building
			 used for children in care operated by the residential care agency at each of
			 the following times:
(A) Prior to construction
			 of a new building.
(B) Prior to
			 construction of an addition to an existing building.
(C) Prior to the remodeling, modification, or
			 conversion of a building.
(D) In
			 support of an application for initial license to operate as a residential care
			 agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0060 - Residential Care Agencies: Environmental Health

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) The program of the
			 residential care agency must maintain an environment that ensures safety for
			 program staff and children in care.
(2) Environmental Health Specialist approval.
			 Prior to licensure and every two years upon license renewal, the program must
			 be assessed and provide documentation of approval by a registered environmental
			 health specialist (see OAR 338-010-0025  to 338-010-0038) for the following
			 safety areas:
(a) Food service risk
			 assessment.
(b) Drinking water or
			 waste water assessment.
(c) Vector
			 and pest control, including the use of pesticides and other chemical
			 agents.
(d) Hazardous material
			 management, including handling and storage.
(e) Recreation assessments (such as
			 playgrounds, swimming pools, and hot tubs) for injury prevention and hazard
			 mitigation.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0070 - Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements with regard to food services:
(1) Nutrition and dietary requirements.
(a) A residential care agency must arrange
			 meals daily, consistent with normal mealtimes that occur during hours of
			 operation and provide snacks between mealtimes.
(b) Menus must be prepared in advance in
			 accordance with USDA guidelines and must provide a sufficient variety of foods
			 served in adequate amounts for each child in care at each meal, including
			 snacks, adjusted for seasonal changes. Records of menus as served must be
			 maintained in the record of the residential care agency for at least six
			 months.
(c) Drinking water must be
			 freely available to the children in care served by the residential care
			 agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0080 - Safety

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements related to safety:
(1)
			 Fire safety. Prior to licensure and every two years upon license renewal, the
			 program must be assessed and approved by the State Fire Marshall or designee
			 for the following fire safety areas:
(a) The
			 residential care agency must provide fire safety equipment that meets the
			 requirements of applicable building codes and the Oregon Fire Code (see the
			 current version of OAR 837-040-0010  and 837-040-0020).
(b) The residential care agency must comply
			 with existing state and local fire safety codes.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0090 - Health Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 residential care agency must obtain all private health record information
			 referred to in this rule in a manner that complies with federal and state
			 law.
(2) Medical history. Within 30
			 days of a child in care being placed with a residential care agency, the
			 residential care agency must obtain available medical history and other
			 health-related information on the child in care, including:
(a) Significant findings of the most current
			 physical examination;
(b) The child
			 in care's current immunizations, history of surgical procedures and significant
			 health issues or injuries, and past or present communicable diseases;
(c) Any known allergies;
(d) Dental, vision, hearing, and behavioral
			 health; and
(e) Physician or
			 qualified medical professional's orders, including those related to
			 medications, if any.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0100 - Medication

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) Policy and
			 procedures. The residential care agency must have policies and procedures that
			 cover all prescription and non-prescription medications that address all of the
			 following:
(a) How the medication will be
			 administered. The policy must prohibit medication from being prepared in
			 advance for more than one administration time or for more than one child in
			 care.
(b) By whom the medication
			 will be administered.
(c) How the
			 staff of the residential care agency who administer medication will be trained.
			 This training must address the following areas:
(A) Ensuring the right person is receiving
			 the medication;
(B) The right
			 medication is being administered;
(C) The right dose of medication is being
			 administered;
(D) The medication is
			 being administered in the right route;
(E) The medication is given at the right
			 time; and
(F) Documentation
			 requirements.
(d) How the
			 administration of medication will be documented. This must include what to do
			 if there is a charting documentation error, if a medication is refused, if a
			 medication is missed, or any other type of medication error that results in a
			 medication not being administered as prescribed.
(e) How the administration of medication will
			 be monitored.
(f) How medication is
			 stored.
(g) How unused medication
			 will be disposed of.
(h)
			 Self-medication of a prescription and non-prescription medication by a child in
			 care.
(i) The program shall develop
			 and implement a policy and procedure that ensures all orders for prescription
			 drugs are reviewed by the individual's primary physician, licensed physician's
			 assistant, nurse practitioner, or pharmacist at least every six months. When
			 this review identifies a contra-indication or other concern, the individual's
			 primary physician shall be immediately notified.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0110 - Residential Care Agencies: Extracurricular, Enrichment, Cultural, and Social Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The residential care agency must:
(1) Support the child in care in his or her
			 interests to participate in age-appropriate or developmentally appropriate
			 activities, including extracurricular, enrichment, cultural, and social
			 activities.
(2) Apply the
			 reasonable and prudent parent standard when determining whether to allow a
			 child in care in substitute care to participate in extracurricular, enrichment,
			 cultural, and social activities.
(3) Designate at least one on-site employee
			 authorized to apply the reasonable and prudent parent standard to decisions
			 involving participation in age-appropriate or developmentally appropriate
			 activities with respect to any child in care at the residential care agency.
			 When applying the reasonable and prudent parent standard, the designated
			 employee must consider:
(a) The age, maturity,
			 and developmental level of a child in care.
(b) The nature and inherent risks of
			 harm.
(c) The best interest of the
			 child in care based on information known by the designated employee.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0120 - Staff Training

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements in OAR 419-400-0120(4) and (5),
				a residential care agency must meet all of the following training requirements
				with respect to its staff:
(1) Staff
			 of the residential care agency must be provided with orientation training prior
			 to working alone with a child in care and must be completed within 30 days of
			 hire. The orientation must include training on all of the following:
(a) Discipline and behavior management
			 protocols including de-escalation skills training, crisis prevention skills,
			 positive behavior management, and disciplinary techniques that are non-punitive
			 in nature and are focused on helping children in care build positive personal
			 relationships and self-control.
(b)
			 Cardiopulmonary resuscitation (CPR) and first aid training sufficient to retain
			 a current certification.
(c)
			 Universal Precautions (infection control guidelines designed to protect workers
			 from exposure to diseases spread by blood and certain body fluids) and
			 hygiene.
(d) Application of the
			 reasonable and prudent parent standard and age-appropriate or developmentally
			 appropriate activities for child in care.
(e) Training on residential care agency's
			 policy on suicide prevention and suicide risk assessment tool.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0130 - Minimum Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) Minimum staffing
			 patterns. The residential care agency must establish staff-to-child ratios that
			 will provide adequate supervision and protection for children in care. The
			 ratios must be adequate for the type of program, location of program, the age
			 and type of children in care served, physical plant design, location and
			 ability of the supervisor to respond, electronic backup systems, and other
			 means available to ensure a high standard of supervision and protection. The
			 minimum staffing ratios are as follows:
(a)
			 For children in care who are under 30 months of age: one direct care staff for
			 each four children in care.
(b) For
			 children in care who are 30 months of age or older and either less than six
			 years of age or non-ambulatory, one direct care staff for each six children in
			 care.
(c) For children in care who
			 are six years of age or older, one direct care staff for each seven children in
			 care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0140 - Sleeping Arrangements

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care agency must meet all of the following
				requirements:
(1) Combining children
			 and adults. Children in care 18 years of age or older must be housed in
			 separate bedrooms from children in care under 18 years of age, unless:
(a) A parent and child, when one or both is a
			 child in care, share a bedroom; or
(b) The residential care agency has obtained
			 written approval from the parent or legal guardian and the Department licensing
			 coordinator that two children in care, one over 18 and one under 18 years of
			 age, may share a bedroom.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0150 - Referral and Initial Evaluation of Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Referral. A residential care agency must
			 have a policy that addresses the process by which children in care are referred
			 to the residential care agency. The policy must include all of the following:
(a) From whom referrals are
			 accepted.
(b) On what basis
			 children are accepted by the residential care agency.
(c) How information necessary to provide for
			 the safety and care of children in care will be provided to the appropriate
			 care staff
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0160 - Consents, Disclosures, and Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consents. For each child in care in
			 placement with a residential care agency, the residential care agency must
			 ensure that a parent or legal guardian signs a consent that authorizes the
			 residential care agency to undertake each of the following:
(a) To provide routine and emergency medical
			 care. However, if the parent or legal guardian relies on prayer or spiritual
			 means for healing in accordance with the creed or tenets of a well-recognized
			 religion or denomination, the residential care agency is not required to use
			 medical, psychological or rehabilitative procedures, unless the child in care
			 is old enough to consent to these procedures and does so. The residential care
			 agency must have policies and procedures for this practice, which are reviewed
			 and approved by the child in care's parent or legal guardian.
(b) To use the discipline and behavior
			 management system of the residential care agency.
(c) To use restraint or involuntary seclusion
			 in the management of the child in care. The consent must specify the reasons
			 such interventions are used by the residential care agency.
(d) To restrict the child's contact with
			 persons outside the residential care agency, including but not limited to,
			 visits, telephone communication, electronic mail, and postal mail, except that
			 access to a child in care must be allowed as provided in ORS
			 418.305 and OAR 419-400-0230  and
			 419-400-0240.
(e) To allow access
			 to a child in care as required in ORS
			 418.305 and OAR 419-400-0230  and
			 419-400-0240.
(f) To impose a dress
			 code.
(g) To apply the reasonable
			 and prudent parent standard to determine whether the child in care is allowed
			 to participate in age-appropriate or developmentally appropriate activities
			 including extracurricular, enrichment, cultural, and social
			 activities.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0170 - Information About Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Case files of children in care. For each
			 child in care a residential care agency accepts for placement, the residential
			 care agency must maintain an individual record that includes a summary sheet
			 containing all of the following information:
(a) The name, gender, date of birth,
			 religious preference, and previous address of the child in care.
(b) The name and location of the child in
			 care's previous and current school.
(c) The date of admission to the
			 program.
(d) The status of the
			 child in care's legal custody, including the name of each person responsible
			 for consents and authorizations.
(e) The name, address, and telephone number
			 of:
(A) The child in care's parents.
(B) The child in care's legal guardian, if
			 different than parents, and documentation of his or her legal relationship to
			 the child in care.
(C) Other family
			 members or other persons identified by the family as significant to the child
			 in care.
(D) Other professionals to
			 be involved in service planning, if applicable.
(f) Any required signed consents and
			 authorizations.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 470 - RESIDENTIAL CARE AGENCIES › Section 419-470-0180 - Residential Care Agencies: Notification to Public Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies if a residential care
			 agency intends any of the actions:
(a) To
			 establish or expand a residential program for children.
(b) To change the type of educational
			 services provided.
(c) To change
			 the population of children to be served by an existing program.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0010 - Secure Transportation Services: What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 419-480-0010  to 419-480-0120  regulate a
				child-caring agency licensed as a
secure transportation
				services
provider. A
secure transportation services
provider must also comply with OAR 419-400-0005  to
				419-400-0310.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, OR Laws 2021 Ch. 672,
				  ORS 418.255 & ORS
				  418.240
Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0020 - Secure Transportation Services: License Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
secure transportation
			 services
provider must be licensed by the Department to provide secure
			 transportation or provide secure escort services to any child as defined by ORS
			 418.205.
(2) The following secure transportation
			 services providers are exempt from the requirements of being licensed as a
			 secure transportation services provider:
(a)
			 A
secure nonemergency medical transportation
provider;
(b) A
child-caring agency
that is licensed by the Department if:
(A) The
child-caring agency
is not primarily engaged in the provision of secure transportation
			 services;
(B) The child being
			 transported or escorted is receiving services from the
child-caring
			 agency
; and
(C) The secure
			 transportation or escort is provided consistent with OAR 419-480-0010  to
			 419-480-0120.
(c) An
			 ambulance service as defined in ORS
			 682.025 that is transporting a
			 child in an ambulance for the purpose of obtaining medical care; or
(d) A developmental disability residential
			 facility subject to ORS
			 443.400 to
			 443.455,
			 443.830 and
			 443.835 if:
(A) The facility is not primarily engaged in
			 the provision of secure transportation services;
(B) The child being transported or escorted
			 is receiving services from the
child-caring agency
;
			 and
(C) The secure transportation
			 or escort is provided consistent with OAR 419-480-0010  to
			 419-480-0120.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0030 - Secure Transportation Services: Service Agreement Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A
secure transportation services
provider will
				create standards for all service agreements entered into for the delivery of
				secure transportation services for a
child in care
. All
				agreements will, at a minimum, address the following:
(1) The fee charged.
(2) A description of the services to be
			 provided.
(3) Information collected
			 by the
secure transportation services
provider to ensure the
			 safety, physical health, mental health and well-being of the
child in
			 care
including, but not limited to:
(a) Any physical limitations;
(b) Any known allergies;
(c) All medications and administration
			 schedule(s), both prescribed and over the counter; and
(d) Any other needs as identified by the
			 guardian.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0040 - Secure Transportation Services: Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employees, contractors, agents, and
			 volunteers who transport a
child in care
shall have a valid
			 driver's license. The license must be the class of license, with any required
			 endorsements, that permits the employee or volunteer to legally operate the
			 vehicle or vehicles used for transporting children.
(2) Employees, contractors, agents, and
			 volunteers of secure transportation services providers shall comply with any
			 and all applicable state and local permitting, registration or licensing
			 requirements associated with providing secure transportation services in any
			 jurisdiction in which the services are provided.
(3) Employees, contractors, agents, and
			 volunteers who have contact with any
child in care
or
			 transport a
child in care
must have an approved background
			 check per OAR 407-007-2000 to 407-007-0370; however, preliminary hiring, as
			 described in OAR 407-007-0315, will not be permitted.
(4) Employees, contractors, agents, and
			 volunteers who transport a
child in care
shall be trained in
			 the following:
(a) Job duties and
			 responsibilities;
(b) The
			 transportation services provider's policies and procedures;
(c) A nationally recognized safe driving
			 training course within 90 days of the date of hire and at least every three
			 years thereafter;
(d) First aid and
			 cardiopulmonary resuscitation sufficient to retain a current
			 certification;
(e) Universal
			 precautions (infection control guidelines designed to protect workers and
			 clients from exposure to diseases spready by blood and certain body
			 fluids);
(f) Mandatory abuse
			 reporting, approved by the
Department
, consistent with OAR
			 419-400-0120
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0050 - Secure Transportation Services: Staffing Ratios

Current through Register Vol. 63, No. 7, July 1, 2024
The
secure transportation services
provider
				must provide adequate supervision and protection to maintain the physical
				health, mental health and well-being for any
child in care
it
				is serving
.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, OR Laws 2021 Ch. 672,
				  ORS 418.255 & ORS
				  418.240
Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS
				  418.205 -
				  327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0060 - Secure Transportation Services: Client Records

Current through Register Vol. 63, No. 7, July 1, 2024
For each
child in care
of a
secure
				transportation services
provider, the
secure transportation
				services
provider must maintain a record that includes all of the
				following information:
(1) The name,
			 gender, and date of birth of the
child in care
.
(2) The date of admission to the
program
.
(3) The
			 name, address, and telephone number of:
(a)
			 The child in care's parent(s), or
(b) The child in care's legal guardian, if
			 different than the parent(s), and a copy of the document that provides for the
			 legal guardian's authority over the
child in care
.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0070 - Secure Transportation Services: Consents, Disclosures and Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Consents. For each
child in care
the
secure
			 transportation services
provider must ensure that a parent or legal
			 guardian signs a consent that authorizes the
secure transportation
			 services
provider to undertake each of the following:
(a) To provide secure transportation or
			 escort services to the
child in care.
(b) To allow access to a
child in
			 care
as required by ORS
			 418.305.
(c) To use the behavior management systems
			 utilized by the
secure transportation services
provider.
(d) To use restraint or
			 seclusion in the management of the
child in care
. The consent
			 must specify the reasons such interventions are used by the
secure
			 transportation services
provider and how the employees of the
secure transportation services
provider are trained and
			 supervised in the use of restraint or seclusion consistent with OAR
			 419-400-0150  and OAR 419-400-0180.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 480 - SECURE TRANSPORTATION SERVICES › Section 419-480-0080 - Secure Transportation Services: Policy and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Each
secure transportation services
provider
				must have and adhere to comprehensive written policies and procedures that are
				well organized, accessible and easy to use. In addition to other policies and
				procedures required by these rules, the policies and procedures must also
				include:
(1) Standard of conduct for
			 all employees, contractors, agents, and volunteers who operate a motor vehicle
			 in the course of their duties or participate in secure transport
			 duties.
(2) How the
secure
			 transportation services
provider will ensure the confidentiality of
			 the identity and the records of any
child in care.
(3) When lodging will be provided and how
			 safety and well-being of the
child in care
will be
			 maintained.
(4) Expectations of the
			 availability and provisions for food and drinks to a
child in
			 care.
(5) How a
child in care
will access bathroom facilities while in the
			 care of a
secure transportation services
provider.
(6) The notification of any emergency or
			 deviation from the transportation itinerary to the parent or guardian of the
child in care
and how that will be
			 documented
.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, OR Laws 2021 Ch. 672,
				  ORS 418.255 & ORS
				  418.240
Statutes/Other Implemented: OR Laws 2021 Ch. 672 & ORS
				  418.205 -
				  327