reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0140 - Academic Boarding Schools: Consents, Disclosures, and Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consents. For
			 each child in care of an academic boarding school, the academic boarding school
			 must ensure that a parent or legal guardian signs a consent that authorizes the
			 academic boarding school 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 academic boarding school 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 academic boarding
			 school 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 provide care to the child in
			 care.
(c) To allow access to a
			 child in care as required in ORS
			 418.305 and OAR 419-400-0230  and
			 419-400-0240.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0150 - Academic Boarding Schools: Information about Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
Files of Children in Care. For each child in care of an
				academic boarding school, the academic boarding school 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 parents.
(b)
			 The child in care's legal guardian, if different than the parents, and a copy
			 of the document that provides for his or her authority over the child in
			 care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0010 - Adoption Agencies: What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 419-420-0401 to 419-420-0160, regulate a
				child-caring agency licensed as an adoption agency. An adoption agency must
				also comply with OAR 419-400-0005  to 419-400-0310.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, ORS
				  418.255 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.310
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0020 - Adoption Agencies: Information and Reporting Requirements of an Adoption Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Public information.
(a) An adoption agency
			 must provide to each person making an inquiry about adoption a written program
			 statement that describes the services of the adoption agency and includes all
			 of the following information:
(A) A
			 description of the children normally placed by the adoption agency.
(B) Eligibility requirements for adoptive
			 families.
(C) Timelines for intake
			 screening and for being placed on a waiting list.
(D) A clear delineation of fees, charges,
			 contributions, or donations required to obtain adoption services.
(E) The services provided during the adoption
			 process.
(F) The geographical area
			 covered by the adoption agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0030 - Adoption Agencies: Adoption Agency Staff

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to meeting the requirements in OAR
				419-400-0040(3):
(1) Required staff.
			 An adoption agency must have an executive director and a social services
			 supervisor. If one person fills both positions, that person must meet the
			 qualifications of both the executive director and the social services
			 supervisor listed in subsections (2)(a) and (b) of this rule.
(2) Qualifications.
(a) The executive director must possess all
			 of the following qualifications:
(A)
			 Management skills and abilities.
(B) A bachelor's degree from an accredited
			 program.
(C) Two years of full-time
			 experience in child social services.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0040 - Adoption Agencies: Staff Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must meet all of the following requirements
				related to its staff:
(1) The adoption
			 agency must have a comprehensive plan for providing basic training to newly
			 hired social services employees on the issues that arise with adoptive
			 placement.
(2) The adoption agency
			 must ensure that all social services staff and contracted social services
			 providers obtain a minimum of 10 hours of training annually on issues related
			 to adoption.
(3) The adoption
			 agency must ensure that all social services staff and all persons who provide
			 adoption services complete training in all of the following areas:
(a) The potential short- and long-term
			 effects of prenatal exposure to alcohol, drugs, and poor nutrition.
(b) The potential effects of separation and
			 loss.
(c) The process of developing
			 emotional ties to an adoptive family.
(d) Normal child and adolescent
			 development.
(e) The potential
			 effects of physical abuse, sexual abuse, neglect, and institutionalization on
			 the development of the child.
(f)
			 The potential issues of race, culture, and identity; issues of acculturation
			 and assimilation; and, if applicable, the effects of having been adopted
			 internationally.
(g) The emotional
			 adjustment of adopted children and their families.
(h) Open adoption.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0050 - Policies and Procedures for Adoption Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must have and follow written policies and
				procedures for the adoption services it provides including, at a minimum all of
				the following:
(1) Policies and
			 procedures prescribing safeguards relating to the needs, rights, and
			 responsibilities of the following:
(a) A birth
			 parent who is considering the release of a child for adoption;
(b) A child who becomes available for
			 adoption; and
(c) A family who
			 adopts a child.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0070 - Adoption Agencies: Services Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency may not guarantee or represent to
				prospective adoptive parents that a particular child will be placed in their
				home for payment of a fee.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 - 418.310 & ORS
				  109.342
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0080 - Services for Birth Parents Considering Domestic Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an adoption
			 agency is serving a birth parent who is considering the adoption of his or her
			 child:
(a) The adoption agency must provide
			 the services described in these rules, OAR 419-420-0010  to
			 419-420-0160.
(b) If the adoption
			 agency is serving a birth parent who lives in a state other than Oregon, the
			 adoption agency must make the services described in these rules (OAR
			 419-420-0010  to 419-420-0160) available to the birth parent in the state of
			 residence of the birth parent.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0090 - Adoption Agencies: Adoptive Family Recruitment and Screening

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must have a recruitment and screening
				process that meets all of the following standards:
(1) The adoption agency must have an ongoing
			 recruitment program to ensure an adequate number of suitable adoptive families
			 are identified for the types of children identified in the program statement of
			 the adoption agency.
(2)
			 Orientation. The adoption agency must provide orientation for the adoptive
			 family before the adoption agency approves the home study. The orientation must
			 include the following information:
(a) The
			 adoption program, policies, and procedures of the adoption agency.
(b) The needs and characteristics of children
			 available for adoption.
(c)
			 Attachment, separation, and loss issues for children and families.
(d) The importance of cultural and ethnic
			 identity to the child and ways to foster these identities.
(e) The effects of adoption on the child and
			 family.
(f) The adoption
			 process.
(g) Rights and
			 responsibilities of the adoptive family and adoption agency.
(h) Information on the potential risks and
			 challenges inherent in adoption.
(i) Pre-placement, placement, and post-legal
			 adoption services and resources available to the adoptive family.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0100 - Adoption Agencies: Adoptive Home Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Home study. Before an adoption agency
			 approves a family for an adoptive placement and before referring or placing a
			 child with a family for the purpose of adoption, a social services worker must
			 complete a written home study of the adoptive family. The home study must
			 include all of the following:
(a) An
			 individual interview with each applicant parent as well as with each member of
			 the applicants' household, as applicable.
(b) If the applicants are married or are a
			 cohabiting couple, an additional, joint interview with the couple.
(c) An on-site evaluation of the applicants'
			 home to determine whether the home is in full compliance with the safety
			 standards identified in the Safety Checklist (CF 979).
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0110 - Adoption Agencies: Information, Education, and Training for Adoptive Parents

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must meet all of the following requirements
				related to information, education, and training for adoptive parents:
(1) Adoptive parent training. The adoption
			 agency must document that it has provided the prospective adoptive parents a
			 minimum of 10 hours of comprehensive orientation and training, independent of
			 the home study, that covers all of the following:
(a) The possible short- and long-term effects
			 of prenatal exposure to alcohol, drugs, and poor nutrition.
(b) The effects of separation and
			 loss.
(c) The process of developing
			 emotional ties to an adoptive family.
(d) Normal child and adolescent
			 development.
(e) What research
			 indicates about the potential effect on a child's development of physical
			 abuse, sexual abuse, neglect, institutionalization, and multiple
			 caregivers.
(f) Issues related to
			 race, culture, and identity.
(g)
			 Acculturation, assimilation, and, if applicable, the effects of having been
			 adopted internationally.
(h)
			 Emotional adjustment of adopted children and their families, including
			 attachment and psychological issues of adopted children who have experienced
			 abuse, neglect, or trauma.
(i) In
			 the case of an intercountry adoption, the process involved in an intercountry
			 adoption and the general characteristics and needs of children awaiting
			 intercountry adoption.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0120 - Adoption Agencies: Evaluation and Selection of Adoptive Family

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must meet all of the following requirements
				regarding the placement of a child:
(1) Pre-placement evaluation. A social
			 services worker must review the record, evaluate, and document all of the
			 following factors before making a placement with an adoptive family:
(a) Physical, emotional, social, behavioral,
			 educational, and other individual needs of the child.
(b) The child's need for continued contact
			 with siblings, relatives, foster parents, and other persons significant to the
			 child.
(c) The ability and
			 willingness of the prospective adoptive parents to accept the general and
			 specific risks and challenges inherent in the placement being
			 considered.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0130 - Adoption Agencies: Domestic Adoptive Placement Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An adoption agency must meet all of the following requirements
				related to a domestic placement:
(1)
			 Pre-placement visit. The adoption agency must develop a written transition plan
			 based on the developmental needs and best interests of the child. The plan must
			 include provisions for pre-placement visits with the prospective adoptive
			 family.
(2) Placement agreement
			 documents. Before placing the child in a home, the adoption agency must have a
			 written agreement with the pre-adoptive parents. A signed copy of this
			 agreement must be given to the pre-adoptive parents and a copy must be placed
			 in the case record. The agreement must specify the following, if appropriate:
(a) That the pre-adoptive parents agree to
			 legally finalize the adoption in a time frame that is based on the best
			 interests of the child;
(b) That
			 the adoption agency will provide the documents necessary for finalizing the
			 adoption in a time frame that is based on the best interests of the
			 child;
(c) That the pre-adoptive
			 parents agree to participate in supervision by the adoption agency, based on
			 the best interests of the child, during the time prior to finalization of the
			 adoption;
(d) That the pre-adoptive
			 parents agree to provide written notification to the adoption agency prior to
			 each of the following:
(A) A change of
			 residency.
(B) The removal of the
			 child from the state for more than 72 hours.
(C) Placement of the child in the care of
			 another person for more than 72 hours.
(e) That the adoption agency will arrange for
			 supervision in accordance with the Interstate Compact for Placement of Children
			 if the adoptive family moves to another state.
(f) The plan must address all of the
			 following subjects, based on the best interests of the child, in the event of a
			 disruption:
(A) Who has responsibility for
			 providing care and the cost of care.
(B) Financial arrangements to ensure transfer
			 of custody when necessary.
(C) For
			 intercountry adoptions only, whether the child is to remain in the country of
			 placement and how the authorities in the originating country will be notified
			 of the disruption.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0140 - Adoption Agencies: Adoption Finalization Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the legal finalization of an
			 adoption, an adoption agency must prepare and promptly provide to the adoptive
			 family or the family's attorney all documents required for filing with the
			 court.
(2) After consenting to the
			 adoption of a minor child, an adoption agency must promptly file with the
			 appropriate court all required documents that are available.
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 420 - ADOPTION AGENCIES › Section 419-420-0150 - Adoption Agencies: Intercountry Adoptions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements for adoption agencies in OAR
				419-420-0010  to 419-420-0160  other than OAR 419-420-0060(1)  - (2),
				419-420-0080, 419-420-0110(4)(a)(E), and 419-420-0130, an adoption agency
				approved to provide intercountry adoptions must meet all of the following
				standards with regard to intercountry adoptions:
(1) Compliance with foreign law.
(a) The adoption agency must comply with the
			 laws and regulations of the sending country.
(b) The adoption agency must make reasonable
			 efforts to learn and understand legal and procedural adoption requirements in
			 the sending country.
(c) The
			 adoption agency must establish written policies and procedures designed to
			 fulfill and comply with the legal requirements, adoption laws, and adoption
			 procedures of the sending country.
(d) The adoption agency must train its
			 employees and volunteers about the adoption laws and procedures of the sending
			 country.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 420 - ADOPTION AGENCIES › Section 419-420-0160 - Adoption Agencies: Services to Children from the United States Placed in Other Countries

Current through Register Vol. 63, No. 7, July 1, 2024
Before making a plan to place a child from the United States
				with non-relative citizens of another country, an adoption agency must make
				reasonable efforts to actively recruit and make a diligent search for
				prospective adoptive parents in the United States..
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 430 - DAY TREATMENT AGENCIES › Section 419-430-0010 - Day Treatment Agencies: What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules, OAR 419-430-0010  to
			 419-430-0110, regulate a child caring agency that provides day treatment
			 services. A day treatment agency must:
(a)
			 Comply with OAR 419-400-0005  to 419-400-0310  and OAR 419-430-0010  to
			 419-430-0110; and
(b) Comply with
			 all requirements in OAR chapter 309, division 22 applicable to providers of
			 psychiatric day treatment.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0020 - Day Treatment Agencies: Staff Qualifications and Minimum Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 day treatment agency must utilize teachers licensed in accordance with the
			 requirements of the Teachers Standards and Practices Commission.
(2) A qualified clinical supervisor must
			 direct the clinical program and supervise clinical staff.
(3) A day treatment agency must employ mental
			 health service delivery staff who meet the qualifications described at OAR
			 309-022-0125.
(4) A day treatment
			 agency must have sufficient Qualified Mental Health Professionals (QMHP) and
			 other staff on duty to meet the severity and acuity of children in care served
			 by the day treatment agency. In no case may the ratio of children to QMHP on
			 duty be more than 12 children for each QMHP.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0030 - Day Treatment Agencies: Physical Plant Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must meet all of the following
				requirements:
(1) All buildings owned,
			 maintained, or operated by the day treatment agency to provide services to
			 children must meet all applicable state and local building, electrical,
			 plumbing, and zoning codes.
(2) All
			 areas of the facility must be kept clean and in good repair. Major appliances
			 and heating, ventilation, plumbing, and electrical systems must be functional
			 and in good repair.
(3) Each room
			 used by children in care must have floors, walls, and ceilings which 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.
(4) Each room used by children in care must
			 be adequate in size and arrangement for the purpose in which it is
			 used.
(5) A system providing a
			 continuous supply of hot and cold water must be distributed to taps
			 conveniently located throughout the facility.
(6) Water systems serving the property must
			 be installed and maintained in compliance with the applicable Oregon Health
			 Authority Public Health Division drinking water regulations (OAR chapter
			 333).
(7) 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.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0040 - Day Treatment Agencies: Building Plans for New Facility or Remodel

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must meet all of the following
				requirements:
(1) A set of plans and
			 specifications for each day treatment facility operated by the day treatment
			 agency must be submitted to the Department and to the State Fire Marshal for
			 approval:
(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; and
(d)
			 In support of an application for initial license of a day treatment agency not
			 previously licensed under OAR 419-430-0020  to 419-430-0110.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0050 - Day Treatment Agencies: Environmental Health

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must meet all of the following
				requirements:
(1) The program of the
			 day treatment 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 430 - DAY TREATMENT AGENCIES › Section 419-430-0060 - Day Treatment Agencies: Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must meet all of the following
				requirements related to food services:
(1) Nutrition and dietary requirements.
(a) A day treatment agency must arrange meals
			 daily, consistent with normal mealtimes that occur during hours of
			 operation.
(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 at each
			 meal, adjusted for seasonal changes. Records of menus as served must be
			 maintained in the facility record for at least six months.
(c) Drinking water must be freely available
			 to the children in care served by the day treatment agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0070 - Day Treatment Agencies: Safety

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment 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
			 day treatment 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 day treatment agency must comply with
			 existing state and local fire safety codes.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0080 - Day Treatment Agencies: Health Services

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must provide oversight of the clinical
				aspects of health care provided to children in care and must provide
				psychiatric on-call consultation at all times.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0090 - Day Treatment Agencies: Medication

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must comply with all of the following
				requirements:
(1) Policy and
			 procedures. The day treatment agency must have policies and procedures that
			 cover prescriptions, herbal remedies, and all non-prescription medications that
			 address all of the following:
(a) How the
			 medication will be administered.
(b) By whom the medication will be
			 administered.
(c) How the staff of
			 the day treatment agency who administer medication will be trained.
(d) How the administration of medication will
			 be documented.
(e) How the
			 administration of medication will be monitored.
(f) How unused medication will be disposed
			 of.
(g) The process that ensures
			 that each child in care's prescription and non-prescription medications are
			 reviewed, unless the medications are all provided through a single pharmacy. As
			 used in this rule, "non prescription medication" means any medication that does
			 not require a written prescription for purchase or dispensing.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0100 - Day Treatment Agencies: Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
A day treatment agency must have a written policy that includes
				the following:
(1) Hours of
			 operation.
(2) Service
			 area.
(3) Family expectations and
			 participation requirements.
(4)
			 Type of behavioral and affective characteristics of the children in
			 care.
(5) Psychiatric, therapeutic,
			 or counseling services offered.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 430 - DAY TREATMENT AGENCIES › Section 419-430-0110 - Day Treatment Agencies: Educational Services

Current through Register Vol. 63, No. 7, July 1, 2024
The educational services of a day treatment agency must comply
				with all of the following requirements:
(1) The day treatment agency must comply with
			 the minimum requirements for private education institutions as determined by
			 the Oregon Department of Education.
(2) Education services must include at least
			 one qualified teacher for every 15 children in care.
(3) The day treatment agency must ensure it
			 has a curriculum that considers the goals of modern education and the
			 requirements of a sound, comprehensive curriculum.
(4) Secondary schools must verify that they
			 have academic standards necessary for children in care to obtain admission to
			 community colleges, institutions of higher education, and receive a high school
			 diploma or GED.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0010 - What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 419-440-0010  to 419-440-0210, regulate a
				child-caring agency licensed as a foster care agency. A foster care agency must
				also comply with OAR 419-400-0005  to 419-400-0310.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, ORS
				  418.215 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0020 - License Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
foster care agency
must be licensed by the Department to
			 certify a home as a
proctor foster home
.
(2) A
foster care agency
must be licensed by the Department before the
foster care
			 agency
accepts physical custody of a
child in care
for placement in a
proctor foster home
.
(3) In addition to the requirements in OAR
			 419-400-0005  to 419-400-00310 to be licensed by the Department, a
foster care agency
must:
(a)
			 Have a current, written program statement that describes:
(A) The type of program and foster care
			 provided.
(B) The children in care
			 served.
(C) The services provided
			 to the children in care, their families, their proctor foster families, or
			 their approved proctor foster homes.
(D) The geographical area covered.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0030 - Foster Care Agencies: Personal Qualifications Required for Approved Proctor Foster Parents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 be approved by a
foster care agency
as an
approved
			 proctor foster parent
, the applicant must:
(a) Be at least 21 years of age.
(b) Possess the ability to exercise sound
			 judgment and demonstrate responsible, stable, emotionally mature
			 behavior.
(c) Possess the ability
			 to manage the applicant's home and personal life.
(d) Possess the ability to apply the
reasonable and prudent parent standard
when determining
			 whether to allow a
child in care
to participate in
			 extracurricular, enrichment, cultural, and social activities.
(e) Maintain conditions in the home that
			 provide safety and well-being for the
child in care
.
(f) Have supportive relationships with adults
			 and children living in the household and with others in the
			 community.
(g) Have a lifestyle and
			 personal habits free of criminal activity and abuse or misuse of alcohol or
			 other drugs.
(h) Have the physical
			 and mental capacity to care for a
child in care
. A
foster care agency
or the Department may, by request, require
			 an applicant to:
(A) Provide copies of medical
			 reports from a health care professional.
(B) Complete an expert evaluation with a
			 report provided to the
foster care agency
.
(i) Assure that all adult members
			 of the household (excluding a
child in care
):
(A) Possess the ability to exercise sound
			 judgment and demonstrate responsible, stable, emotionally mature behavior,
			 within the individuals' developmental and cognitive abilities;
(B) Do not pose a risk to the safety, health,
			 and well-being needs of a child in care;
(C) Have a lifestyle and personal habit free
			 of criminal activity and abuse or misuse of alcohol or other drugs;
			 and
(D) Cooperate with the foster
			 care agency's assessment of the household.
(j) Have adequate financial resources in
			 place to meet the needs of the current household.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0040 - Foster Care Agencies: Assessment and Approval of Proctor Foster Homes

Current through Register Vol. 63, No. 7, July 1, 2024
A
foster care agency
must comply with all of
				the following requirements:
(1) Prior
			 to approval of an
approved proctor foster parent
and prior to
			 the certification of a
proctor foster home
the
foster
			 care agency
must complete a
proctor foster home
assessment for each
proctor foster home
applicant.
(2) The
proctor foster home
assessment must be based on an on-site review of the
proctor foster
			 home
applicant's home, and observations of and interviews with each
			 member of the household,
background check
information, and any
			 information gathered during the course of the assessment. The
foster
			 care agency
must require that each applicant submit all of the
			 following:
(a) A completed application. When
			 two individuals are lawfully married, have a domestic partnership as defined in
			 ORS 106.310, or are
cohabitating
, both individuals are required to apply unless:
(A) One individual is in the military and
			 stationed out of Oregon; or
(B) The
foster care agency
has approved an exception because there are
			 unique circumstances in which one individual will not be responsible for any
			 household management or the care of a
child in care
placed in
			 the home.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0060 - Foster Care Agencies: Orientation for Proctor Foster Home Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be approved
			 by a foster care agency to operate a proctor foster home, an applicant must
			 complete orientation training.
(2)
			 In addition to the requirements in OAR 419-400-0120(4) and (5), the orientation
			 training required by section (1) of this rule must, at a minimum, include all
			 of the following:
(a) The policies and
			 procedures of the foster care agency.
(b) The needs and characteristics of children
			 in care needing placement.
(c)
			 Attachment, separation, and loss issues for children in care and
			 families.
(d) The importance of
			 cultural identity to the child in care and ways to foster this
			 identity.
(e) The impact of foster
			 care on the child in care and family.
(f) The rights and responsibilities of the
			 proctor foster parent and the foster care agency.
(g) The resources available to the foster
			 parent or approved proctor foster parent.
(h) Confidentiality.
(i) Rights of families and children in
			 care.
(j) Copies of all of the
			 following documents:
(A) The program
			 statement described in OAR 419-440-0080.
(B) The requirements for proctor foster
			 homes.
(C) The policies of the
			 foster care agency governing proctor foster homes.
(D) The training requirements of the foster
			 care agency for proctor foster homes.
(E) The licensing rules for foster care
			 agencies.
(F) Expectations for
			 working with the foster care agency.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0070 - Foster Care Agencies: Training for Parents in Proctor Foster Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
foster care agency
must have and follow a written training
			 plan that:
(a) Provides each
proctor
			 foster home
parent in a
proctor foster home
a minimum
			 of 16 hours of training before the
foster care agency
places a
child in care
in the home.
(b) Provides each
proctor foster
			 home
parent in a
proctor foster home
a minimum of 16
			 hours of training annually prior to the issuance of the annual approval
			 required by OAR 419-440-0080.
(c)
			 The training plan must include all of the following topics:
(A) Characteristics and needs of children in
			 care who may be placed with the
proctor foster home
.
(B) Ways to effectively parent children in
			 care who are placed by the
foster care agency
, including
			 application of the
reasonable and prudent parent
			 standard
.
(C) Positive
			 behavior management, non-punitive discipline.
(D) The importance of the
family
of the
child in care
and working with
			 the
family
of the
child in care.
(E) The importance of age-appropriate or
			 developmentally appropriate extracurricular, enrichment, cultural, and social
			 activities.
(F) Preparation of the
child in care
for independence based on the age, stage of
			 development, and needs of the
child in care
.
(G) Legal responsibility to report suspected
			 child abuse.
(H) Cardiopulmonary
			 resuscitation (CPR) and first aid training sufficient to retain a current
			 certification.
(I) Medication
			 administration.
(J) Emergency
			 preparedness and planning.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0080 - Foster Care Agencies: Annual Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
A
foster care agency
must comply with all of
				the following requirements:
(1) The
foster care agency
must evaluate every
proctor foster
			 home
at least once every 12 months to ensure that the home continues
			 to meet the standards.
(2) Except
			 as provided in section (3) of this rule, the annual review must include all of
			 the following:
(a) The
foster care
			 agency
must update the written home study required by OAR
			 419-440-0040(3).
(b) A completed
background check
for all members of the household age 18 and
			 over, excluding a
child in care,
must be completed as required
			 by OAR 407-007-0200  to 407-007-0370. A
background check
for a
			 household member under the age of 18 is required if there is reason to believe
			 that a
background check
may reveal information that is useful
			 in assessing any risk posed by the household member.
(c) A completed state of Oregon child abuse
			 history background check:
(A) For all members
			 of the household age 18 and over; and
(B) For a household member under the age of
			 18 if there is reason to believe that the child abuse history check may reveal
			 information that is useful in assessing any risk posed by the household
			 member.
(d) If an adult
			 member of the household has lived outside the state of Oregon in the previous
			 five years, and an out-of-state child abuse history background check has not
			 been completed, a child abuse history background check must be requested from
			 each state or foreign country where the individual resided in the last five
			 years.
(e) Documentation that the
			 home remains in full compliance with the safety standards in OAR
			 419-440-0050.
(f) A recommendation
			 to approve or deny the re-issuance of the certificate of approval of the
proctor foster home
. If the
agency
denies
			 renewal based on information provided by the Department to the
agency
concerning an ongoing abuse or neglect investigation
			 involving the applicant or findings of substantiated allegations of abuse or
			 neglect by the
proctor foster home
applicant, the
agency
must disclose to the
proctor foster
			 home
applicant the reason for the denial.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0090 - Foster Care Agencies: Complaints about Proctor Foster Homes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employees of
			 the foster care agency are covered by the requirements to report suspected
			 child abuse in ORS 419B.010 and, in addition to any
			 other requirements of law, must refer a complaint of suspected child abuse to
			 the Department for investigation.
(2) If the foster care agency receives
			 information alleging a proctor foster home is not in compliance with the
			 certification requirements of the foster care agency, including, but not
			 limited to the rules in OAR 419-400-0005  to 419-400-0310  and OAR 419-440-0010  to 419-440-0210, the foster care agency must immediately initiate an on-site
			 assessment of the home as soon as is appropriate, based on the nature of the
			 complaint.
(a) As part of the assessment, the
			 foster care agency must prepare a detailed written report that includes all of
			 the following information:
(A) The name of the
			 foster care agency employee who received the complaint, date the complaint was
			 received, name of complainant, and the allegations.
(B) Dates and places of contacts, the names
			 of persons interviewed or observed, and the names of the
			 interviewers.
(C) Findings,
			 summary, and conclusions regarding compliance or noncompliance and
			 recommendations regarding corrective action.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0100 - Foster Care Agencies: Closures of Proctor Foster Homes

Current through Register Vol. 63, No. 7, July 1, 2024
If a foster care agency decertifies a proctor foster home, the
				foster care agency must provide the proctor foster home parent or parents a
				written notice of the specific reasons for the action, must retain a copy of
				the notification in the record of the proctor foster home.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, ORS
				  418.248 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0110 - Foster Care Agencies: Notifications Required of Proctor Foster Home Parents

Current through Register Vol. 63, No. 7, July 1, 2024
A foster care agency must require proctor foster home parents
				in a proctor foster home to notify the foster care agency of each of the
				following:
(1) Any physical or
			 structural changes in the proctor foster home in which they live.
(2) Any arrests or court convictions of any
			 member of the household. A parent of the proctor foster home must notify the
			 foster care agency within one working day of learning about the arrest or
			 conviction.
(3) Any allegation of
			 child abuse or neglect perpetrated by any member of the household or any
			 individual who regularly visits the proctor foster home. A proctor foster home
			 parent must notify the foster care agency on the day they learn of the
			 allegation.
(4) The suspension of a
			 driver's license of any adult on the Certificate of Approval or any member of
			 the household.
(5) Any change in
			 the physical or mental health or medication of a member of the household that
			 reasonably could affect the ability of the proctor foster home to meet the
			 safety needs of the child in care.
(6) Any time a member of the household
			 applies to become an in-home child care provider, an adult foster care, or
			 in-home adult day care provider.
(7) Any other circumstance that could
			 reasonably affect the safety or well-being of a child in care.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005, ORS
				  418.248, ORS
				  418.280 & ORS
				  418.240
Statutes/Other Implemented: ORS
				  418.205 -
				  418.325
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0120 - Foster Care Agencies: Records of Proctor Foster Homes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A foster care agency must safely and
			 consistently maintain a record for each proctor foster home it approves. Such
			 records must be separate from records the foster care agency maintains on the
			 children in care and families it serves.
(2) The record for each proctor foster home
			 must contain all of the following:
(a) Whether
			 the applicant has been approved and a certificate or certificate renewal has
			 been issued by the foster care agency to operate a proctor foster home. If a
			 certificate is issued, the foster care agency must document the number and the
			 age range of children in care the home is certified to serve, any specific
			 gender or other restrictions and limitations, and a statement that the foster
			 care agency has determined the proctor foster home meets the standards
			 established in these rules.
(b)
			 Whether the foster care agency has provided the notification described in OAR
			 419-440-0040(4).
(c) All documents
			 pertaining to approval of the proctor foster home.
(d) All documents pertaining to formal
			 complaints about the proctor foster home.
(e) The contract between the foster care
			 agency and the parents in the proctor foster home.
(f) A list of all children in care placed in
			 the proctor foster home that includes identifying and placement
			 information.
(g) Documentation that
			 the foster care agency conducted a minimum of one home visit every 90 days to
			 assure compliance with certification standards.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 440 - FOSTER CARE AGENCIES › Section 419-440-0130 - Foster Care Agencies: Placement of a Child with a Proctor Foster Home

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
foster care agency
may place a
child in care
in a proctor foster home.
(2) A
foster care agency
must prohibit an
approved proctor
			 foster parent
from accepting placement of a
child in
			 care
from another agency or referral source.
(3) The placement of a
child in
			 care
in a
proctor foster home
must be consistent with
			 the recommendations for the use of the
proctor foster home
as
			 identified in the current home assessment.
(4) The
foster care agency
may not issue a certification for a
proctor foster home
that
			 allows the
proctor foster home
to exceed any of the following
			 subsections:
(a) A total of four children to
			 one
approved proctor foster parent
living in the
			 home;
(b) A total of six children
			 to two approved proctor foster parents living in the home; or
(c) A total of two children under the age of
			 three.
(d) The number of children
			 living in the approved proctor foster home may exceed the limits in subsections
			 (a) and for the following reasons:
(A) A
child in care
who is parenting.
(B) Siblings to remain together.
(C) A child with an established meaningful
			 relationship with the family to remain with the family.
(D) A family with special training or skills
			 to provide care to a child who has a severe disability.