reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0030 - Qualified Mental Health Associate (QMHA), Qualified Mental Health Professional (QMHP) and Treatment Services Supervisor Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person must meet the following minimum
			 qualifications to be certified to work as a QMHA in an OYA facility:
(a) Bachelor's degree in psychology, social
			 work, or behavioral science field; and
(b) Have one of the following:
(A) An equivalent degree as evidenced by
			 providing transcripts indicating applicable coursework meeting the required
			 competencies and approved by a Treatment Services Supervisor and the
			 Supervising Clinical Psychologist; or
(B) A combination of at least three years of
			 relevant work, education, training, or experience; and
(C) Receive clinical supervision.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0040 - Clinical Supervision of QMHA and QMHP Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A QMHA or QMHP must deliver services
			 under the direct supervision of:
(a) A
			 Treatment Services Supervisor; or
(b) The Supervising Clinical Psychologist;
			 or
(c) A person designated by the
			 Supervising Clinical Psychologist to provide clinical supervision.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0050 - QMHA, QMHP, and Treatment Services Supervisor Recertification, Certification Expiration, and Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A practitioner who has a current Oregon
			 clinical mental health license must maintain the license in good standing, and
			 provide OYA with a current copy of the license. A licensed practitioner's QMHP
			 certification will expire when the practitioner's license expires.
(2) A QMHA certification or QMHP
			 certification issued to unlicensed practitioners under these rules is subject
			 to renewal every two years.
(a) A QMHA
			 certification or QMHP certification of an unlicensed practitioner will expire
			 on September 30. The issuance date of the certified person's first
			 certification will determine if the certification expires on an odd or even
			 year. Certifications issued in odd-numbered years expire in the next
			 odd-numbered year, and certifications issued in even-numbered years expire in
			 the next even-numbered year.
(b) A
			 person seeking renewal of a certification must submit documentation of the
			 following to the Supervising Clinical Psychologist or designee:
(A) At least 24 hours of clinical supervision
			 per year, prorated based on the person's date of hire and budgeted position
			 status; and
(B) At least five hours
			 of training pertinent to the mental health services in an OYA facility which
			 may include OYA training, supervisor-approved completed readings, verified
			 workshop attendance, or class participation in a graduate program focusing on
			 mental health treatment of mental health disorders.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 70 - OYA EMPLOYEE MENTAL HEALTH CERTIFICATION STANDARDS › Section 416-070-0060 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Supervising
			 Clinical Psychologist may grant a variance to the criteria used to determine
			 the certification status of a QMHA, QMHP, Treatment Services Supervisor if the
			 Supervising Clinical Psychologist documents the reason for the variance and the
			 proposed timeline for the variance.
(2) Signed documentation from the Supervising
			 Clinical Psychologist indicating support of the variance must be retained in
			 the subject QMHA, QMHP, or Treatment Services Supervisor employee's personnel
			 file.
Statutory/Other Authority: ORS
				  420A.010, ORS
				  420A.025 & ORS
				  420A.022
Statutes/Other Implemented: ORS
				  420A.022
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108,
				  416.400 -
				  416.486 &
				  419C.597
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108 &
				  416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108,
				  416.400 -
				  416.486 &419C.597
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  107.108 & 416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108 &
				  416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108 &
				  416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108 &
				  416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 100 - REFERRALS TO DIVISION OF CHILD SUPPORT [Repealed] › Section 416-100-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  107.108 &
				  416.400 -
				  416.486
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 105 - Disclosure of Youth in Custody Case Record Information › Section 416-105-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authorized
			 representative: Attorneys, law students, special investigators, and other
			 persons who have legitimate connection with the legal issue being
			 pursued.
(2) Youth in Custody: A
			 person in the legal and physical custody of OYA either in a youth correction
			 facility or placed in the community under supervision; and a person in the
			 legal custody of the Department of Corrections and the physical custody of OYA
			 in a youth correction facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS 192 & ORS
				  419A.255
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 105 - Disclosure of Youth in Custody Case Record Information › Section 416-105-0010 - Disclosure of Youth in Custody Case Record Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests for case record information must
			 be processed in compliance with OAR chapter 416, division 130.
(2) OYA will disclose information contained
			 in Youth in Custody case records in compliance with applicable federal and
			 state laws, rules, and OYA policies and procedures.
(a) Case records are any official agency
			 information that identifies an individual who was committed to OYA custody by a
			 court and received services from OYA. Case records include any writing or
			 recording of information, such as automated records, printouts, Juvenile
			 Justice Information System records, handwriting, typewriting, printing,
			 photocopying, photographing, magnetic tapes, video recordings, audio
			 recordings, and other documents.
(b) OYA must also follow the Oregon
			 Department of Corrections' rules when disclosing information contained in case
			 records of Youth in Custody who are, or were, in the legal custody of the
			 Department of Corrections and physical custody of OYA.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 105 - Disclosure of Youth in Custody Case Record Information › Section 416-105-0040 - Other Access

Current through Register Vol. 63, No. 7, July 1, 2024
Other types of access to Youth in Custody case record
				information include, but are not limited to:
(1) Judicial proceedings
(a) Information from confidential records
			 must not be disclosed in any judicial proceedings unless it is directly
			 connected with the administration of OYA programs, or when the Youth in Custody
			 has given written and specific authorization for such release, or when ordered
			 by the court.
(b) OYA staff served
			 with a subpoena or involved in any other legal process that may include the
			 release of confidential information must act within OYA policy
			 standards.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 106 - DISCLOSURE OF ADJUDICATED YOUTH INFORMATION TO VICTIMS › Section 416-106-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Youth Authority (OYA) values treating victims of
				crime with dignity and respect, and keeping them informed as prescribed by law.
				These rules delineate when OYA may disclose certain information about
				adjudicated youth to victims of crime.
Statutory/Other Authority: ORS
				  420A.025 & ORS
				  420A.115
Statutes/Other Implemented: ORS
				  420A.115
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 106 - DISCLOSURE OF ADJUDICATED YOUTH INFORMATION TO VICTIMS › Section 416-106-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjudicated
			 youth: A person who has been found to be within the jurisdiction of the
			 juvenile court under 419C.005 for an act committed when the person was under 18
			 years of age.
(2) Crime: The act
			 that has brought the adjudicated youth before the juvenile court.
(3) OYA: Oregon Youth Authority.
(4) Parole: The conditional release of an
			 adjudicated youth from a youth correction facility subject to the director's
			 authority to revoke parole pursuant to ORS
			 420.045(3).
(5) Victim: Any person determined by the
			 prosecuting attorney or the court to have suffered direct financial,
			 psychological or physical harm as a result of a crime, and, in the case of a
			 victim who is a minor, the legal guardian of the minor.
(6) Youth correction facility: A facility
			 used for the confinement of adjudicated youth and others, and includes secure
			 regional youth facilities, regional accountability camps, residential academies
			 and satellites, camps, and branches of those facilities.
Statutory/Other Authority: ORS
				  420A.025 & ORS
				  420A.115
Statutes/Other Implemented: ORS
				  420A.115 & ORS
				  420A.122
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 106 - DISCLOSURE OF ADJUDICATED YOUTH INFORMATION TO VICTIMS › Section 416-106-0030 - Victim notification upon an adjudicated youth's commitment to OYA

Current through Register Vol. 63, No. 7, July 1, 2024
OYA must notify a victim upon an adjudicated youth's commitment
				to OYA of the following:
(1) How the
			 victim may request the progress, on a prescribed metrics scale, that the
			 adjudicated youth has made while in a youth correction facility;
(2) How the victim may request to be
			 contacted to provide information about the potential impact of authorizing
			 parole for the adjudicated youth;
(3) How the victim may request to be notified
			 of the adjudicated youth's movement during the adjudicated youth's confinement
			 to a youth correction facility; and
(4) That for victim notification purposes, an
			 adjudicated youth's movement includes the following:
(a) Initial and any subsequent confinement to
			 a youth correction facility;
(b)
			 Escape from a youth correction facility;
(c) Parole;
(d) Parole revocation;
(e) Unauthorized absence from a parole
			 community placement;
(f) Return
			 from an unauthorized absence from a parole community placement; and
(g) Discharge from OYA parole supervision and
			 custody.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 106 - DISCLOSURE OF ADJUDICATED YOUTH INFORMATION TO VICTIMS › Section 416-106-0040 - Adjudicated youth information disclosable to victims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA may share with a victim an
			 adjudicated youth's progress while in a youth correction facility in any of
			 these instances:
(a) At the victim's
			 request;
(b) When OYA seeks
			 information from the victim regarding the impact of the crime in order to
			 assist with case planning for the adjudicated youth; or
(c) When OYA seeks information from the
			 victim regarding the potential impact of authorizing the adjudicated youth to
			 go on parole.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 115 - Interstate Compact › Section 416-115-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Absconder: A
			 juvenile on probation or parole who hides, conceals, or absents so that they
			 are unavailable for the legal process or authorized control.
(2) Accused Delinquent: A person charged with
			 an offense, if committed by an adult would be a criminal offense.
(3) Adjudicated Delinquent: A person found to
			 have committed an offense that, if committed by an adult, would be a criminal
			 offense.
(4) Deputy Juvenile
			 Compact Administrator: An Oregon Youth Authority employee appointed by the
			 Director of the Oregon Youth Authority to serve as the general coordinator of
			 activities, rules and policy developed to carry out the terms and provisions of
			 the ICJ.
(5) Escapee: A Juvenile
			 who has made an unauthorized flight from in-custody status or a facility to
			 which the Juvenile has been committed by a lawful authority.
(6) Home State: The state where the
			 parent(s), guardian(s), person, or agency having legal custody of the juvenile
			 is residing or undertakes to reside.
(7) Interstate Compact for Juveniles (ICJ):
			 The agreement pertaining to the legally authorized transfer of supervision and
			 care, as well as the return of juveniles from one state to another, which has
			 been adopted by all member states that have enacted legislation in
			 substantially the same language. The agreement does not include or provide for
			 the transfer of court jurisdiction from one state to another.
(8) Juvenile: Any person within the juvenile
			 jurisdictional age limit of any court in the Home/Sending State, or any
			 individual adjudicated delinquent within the Home/Sending state and who remains
			 under custodial care or community supervision of the juvenile
			 authority.
(9) Runaway: A child
			 under the juvenile jurisdictional age limit established by the state, who has
			 run away from his/her place of residence, without the consent of the parent,
			 guardian, person, or agency entitled to his/her legal custody.
(10) Sending State: A state which has sent or
			 is in the process of sending a juvenile to another state for supervision under
			 the provisions of the ICJ.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  417.010  - 417.080
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 115 - Interstate Compact › Section 416-115-0020 - Eligibility for Services through the Interstate Compact for Juveniles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Juveniles under
			 juvenile jurisdiction in the Sending State of any state that is a party to the
			 ICJ are eligible for services pursuant to the provisions of the ICJ.
(2) All Runaways, Absconders, Accused
			 Delinquents and Escapees are eligible for services pursuant to the provisions
			 of the ICJ.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  417.010  - 417.080
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 115 - Interstate Compact › Section 416-115-0025 - Standards for Juvenile Interstate Transfer of Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Youth Authority adopts by this reference standards
				for the interstate transfer of adjudicated youth supervision and services set
				in the official ICJ rules, published by the Interstate Commission for
				Juveniles, as updated to reflect all amendments through March 1, 2022. The
				rules may be viewed at the Interstate Commission for Juveniles website at
http://juvenilecompact.org/
.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  417.010  - 417.080
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 115 - Interstate Compact › Section 416-115-0030 - Administration of the Interstate Compact for Juveniles

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Youth Authority (OYA) Deputy Juvenile Compact
				Administrator will provide interpretation of the ICJ and coordination of all
				referrals or requests to:
(1) Permit
			 out-of-state supervision of a juvenile who should be sent to another state when
			 eligible for parole or probation;
(2) Permit out-of-state travel for an
			 Adjudicated Delinquent;
(3) Provide
			 for the return of Accused Delinquents, Absconders, and Escapees to the states
			 they left;
(4) Provide for return
			 of Runaways to their Home States who have not as yet been adjudged delinquent;
			 and
(5) Return juveniles to Oregon
			 when ICJ placement fails.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  417.010  - 417.080
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 130 - INSPECTION AND COPYING OF PUBLIC RECORDS › Section 416-130-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Person: Any
			 natural person, corporation, partnership, firm, or association.
(2) Public Record: Any writing containing
			 information relating to the conduct of the public's business prepared, owned,
			 used or retained by a public body regardless of physical form or
			 characteristics.
(3) Writing:
			 Handwriting, typewriting, printing, photographing and every means of recording
			 including letters, words, pictures, sounds, or symbols, and all papers, maps,
			 files, facsimiles, or electronic recordings.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS 192 & ORS
				  419A.255
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 130 - INSPECTION AND COPYING OF PUBLIC RECORDS › Section 416-130-0010 - Access and Response

Current through Register Vol. 63, No. 7, July 1, 2024
OYA complies with all federal and state laws and rules
				concerning disclosure of public records.
(1) OYA must respond to written requests to
			 view or obtain copies of public records as soon as possible and without
			 unreasonable delay. The response will acknowledge receipt of the request and
			 the status of its response, as required by Oregon laws.
(2) A written procedure for making public
			 record requests is available on the OYA website, and may be provided upon
			 request.
(3) OYA must notify the
			 requester of any fees needed to complete the request as described in OAR
			 416-130-0060.
(4) OYA may request
			 additional information from a requester to expedite the response to the
			 request, and may suspend its response until the additional information is
			 provided. If the requester fails to respond to OYA's request for additional
			 information within 60 days, OYA may close the requester's request.
(5) If the public record is maintained in a
			 machine readable or electronic form, OYA must provide copies of the public
			 record in the form requested, if available. If the public record is not
			 available in the form requested, it may be made available in the form in which
			 it is maintained.
(6) Upon request
			 of a person with a disability for public records otherwise available to the
			 requester under these rules, OYA will consult with the person about making the
			 requested records available in alternative format at no additional cost to the
			 person.
(7) If a requester would
			 like to inspect a public record, OYA and the requester must agree on a
			 reasonable date and time the records may be inspected. Inspection must be done
			 as described in OAR 416-130-0050.Fees for redaction will apply to the cost to
			 inspect a record. If the cost is less to release than allow inspection, the
			 least expensive option will be pursued.
(8) OYA must follow federal and state laws
			 regarding exemptions from public disclosure, and will notify a requester in
			 writing when requested public records are exempt from disclosure.
(9) Appeal
(a) A person denied access to OYA public
			 records may appeal the decision within seven days of receipt of the denial by
			 writing to the OYA employee who sent the denial notice, and stating that an
			 appeal is being requested.
(b) A
			 person denied access to OYA public records after completing an appeal described
			 in OAR 416-130-0010(5)(a)  may petition the Attorney General's office to review
			 the public record to determine if it may be withheld from public inspection.
			 The petition must be submitted in the manner prescribed by the Attorney
			 General's office.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 130 - INSPECTION AND COPYING OF PUBLIC RECORDS › Section 416-130-0050 - Public Record Inspection and Copying Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public record inspection by a requester
(a) Prior to allowing inspection of a public
			 record, OYA staff must review the record and separate any material which is
			 exempt from disclosure from non-exempt material, or redact exempt information.
			 The non-exempt material must be made available for inspection.
(b) OYA must provide the person requesting
			 inspection a place to review the record. A person designated by OYA must
			 supervise the person reviewing the record in order to ensure it is not altered
			 in any way.
(c) The person
			 inspecting the record may designate pages to be copied, or may request copies
			 of specific information contained in the record. Only OYA staff may copy the
			 designated material.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 130 - INSPECTION AND COPYING OF PUBLIC RECORDS › Section 416-130-0060 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA may charge
			 a requester for the cost of making the record available to the requester.
			 Charges for record review and copying are limited to the actual cost of making
			 the record available.
(2) "Actual
			 cost" may include a charge for the time spent in locating the requested
			 records, reviewing the records to redact exempt information, supervising a
			 person's inspection of original documents if the cost is greater than providing
			 a copy of the record, or copying records, including:
(a) The cost of current salaries, including
			 other payroll expenses, of staff given these duties;
(b) Cost per page for copies based on the
			 current state printing and distribution price list; and
(c) When an Attorney General's review of the
			 records is required by OYA, a charge will be made to cover the cost of that
			 service.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 150 - INTERVIEWS WITH YOUTH IN CUSTODY › Section 416-150-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish guidelines to ensure the rights of youth in custody are maintained
			 when persons seek to interview youth in OYA custody.
(2) These rules apply to all youth who are
			 committed to the legal or physical custody of the OYA, and placed in OYA
			 facilities or under OYA supervision on parole/probation status in the
			 community.
(3) A "youth in custody"
			 is defined as a person in the legal and physical custody of OYA, either in an
			 OYA close-custody facility or placed in the community under supervision; or a
			 person in the legal custody of the Department of Corrections and the physical
			 custody of OYA in an OYA close-custody facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  131.040,
				  420.014 &
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 150 - INTERVIEWS WITH YOUTH IN CUSTODY › Section 416-150-0010 - Law Enforcement Interrogation or Polygraph

Current through Register Vol. 63, No. 7, July 1, 2024
When a law enforcement agency (LEA) asks to interrogate or
				conduct a polygraph examination of a youth in custody suspected of violating
				the law or having knowledge of a law violation, OYA staff will do the
				following:
(1) Obtain consent from the
			 parole/probation supervisor, or facility superintendent/camp
			 director;
(2) Obtain consent from
			 the youth in custody following informed consent procedures;
(3) Assure the LEA representative has proper
			 identification; and
(4) Determine
			 if the LEA representative has a warrant.
(a)
			 If a warrant exists, OYA staff will assist the LEA representative insofar as
			 such assistance does not infringe upon the youth in custody's right to remain
			 silent and to have legal representation present.
(b) If no warrant exists, OYA staff will
			 ensure that:
(A) The youth in custody's legal
			 guardian, if other than OYA, consents to the interrogation or polygraph;
			 and
(B) The youth in custody's
			 attorney, if any, is notified.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 150 - INTERVIEWS WITH YOUTH IN CUSTODY › Section 416-150-0020 - Attorney Interview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 an attorney asks to interview a youth in custody, the following provisions must
			 apply:
(a) The attorney of record representing
			 the youth in custody may interview the youth in custody privately. If the
			 attorney, or the youth in custody requests, an OYA staff will be present during
			 the interview; and
(b) An
			 adversarial attorney will not be permitted to interview a youth in custody
			 unless the youth in custody's legal guardian consents to the interview and the
			 youth in custody's own attorney is also present.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 150 - INTERVIEWS WITH YOUTH IN CUSTODY › Section 416-150-0040 - Other Interviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Other
			 persons may request to interview a youth in custody relating to benefits for
			 the youth in custody (e.g., Social Security, Veterans' Administration,
			 Department of Revenue), or to seek information in support of pending litigation
			 or other matters.
(2) When such
			 request is received, OYA staff will do the following:
(a) Determine the reason for the
			 interview;
(b) Contact appropriate
			 OYA Central Office staff, if the request is related to litigation or in
			 response to subpoena;
(c) Seek the
			 youth in custody's consent to the interview;
(d) Determine whether legal counsel, the
			 youth in custody's parents/guardians, or OYA staff should consent or be
			 present; and
(e) Set the time and
			 place of the interview.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 150 - INTERVIEWS WITH YOUTH IN CUSTODY › Section 416-150-0050 - Recording Interviews

Current through Register Vol. 63, No. 7, July 1, 2024
If the interviewer requests to make a mechanical or electronic
				recording of the interview, OYA staff will ensure the following events
				occur:
(1) The youth in custody is
			 informed about the type of recording to be made and its purpose, including how
			 information will be used in the future and who will have access to
			 it;
(2) The youth in custody
			 consents in writing to the recording; and
(3) The youth in custody understands their
			 right to refuse the recording, and seek legal assistance before the recording
			 is made.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  131.040,
				  420.014 &
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 170 - APPROVAL OF RESEARCH PROPOSALS › Section 416-170-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to establish a uniform process for review and
			 approval or denial of research project proposals to be conducted within the
			 Oregon Youth Authority (OYA).
(2)
			 These rules apply to all youth in OYA physical or legal custody, including
			 those placed under supervision within the community in contracted residential
			 care programs or youth in custody foster homes, and youth in OYA close-custody
			 facilities.
(3) Research projects
			 may be conducted by OYA staff, professional researchers, or by students and
			 others with an interest in juvenile corrections services.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS 419C, 420 &
				  420A
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 170 - APPROVAL OF RESEARCH PROPOSALS › Section 416-170-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA Executive
			 Team: An executive group that provides oversight to OYA operations.
(2) OYA: Oregon Youth Authority
(3) OYA Research Committee (ORC): OYA
			 committee comprised of OYA staff and external partners, overseen by the OYA
			 Research Manager.
(4) Youth in
			 custody: A person in the legal and physical custody of OYA, either in an OYA
			 close-custody facility or placed in the community under supervision; or a
			 person in the legal custody of the Department of Corrections and the physical
			 custody of OYA in an OYA close-custody facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 170 - APPROVAL OF RESEARCH PROPOSALS › Section 416-170-0010 - General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 research may be conducted without OYA approval in the manner prescribed in
			 these rules, and related OYA policy and procedures.
(a) Oregon Department of Corrections (DOC)
			 approval is required for any research involving youth in custody in the legal
			 custody of DOC and the physical custody of OYA.
(b) Youth in custody participation must be
			 voluntary and the youth in custody 's confidentiality will be
			 protected.
(c) OYA retains the
			 right to review the compilation of data or completed report describing project
			 outcomes prior to publication, and may require a disclaimer if it believes
			 assumptions about the data are flawed.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 170 - APPROVAL OF RESEARCH PROPOSALS › Section 416-170-0020 - Project Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OYA
			 Research Committee (ORC) will review all research project proposals prior to
			 implementation. Following such review, the ORC will submit a recommendation to
			 the OYA research manager for approval or denial of the project. The decision of
			 the OYA research manager is final.
(2) Proposals requiring OYA policy decisions
			 will be referred to the OYA Executive Team, as appropriate.
(3) The ORC may recommend agency approval of
			 research projects only if it finds that:
(a)
			 The research project proposal has been reviewed and approved by a human
			 subjects review committee (e.g., institutional review board);
(b) The research question is relevant and of
			 importance to the agency or juvenile corrections as a whole;
(c) The implementation of such project does
			 not cause undue expense or use of agency resources or compromise safety,
			 security, OYA's mission, or state or federal laws;
(d) The advantages to the youth in custody
			 are not of such a magnitude as to affect the youth in custody 's ability to
			 weigh the risks of the research against the value of such advantages in the
			 limited-choice environment within facilities or programs;
(e) The risks involved in the research are
			 commensurate with the risks that would be accepted by non-adjudicated or
			 non-convicted persons;
(f)
			 Procedures for selection of subjects within the facility are fair to all youth
			 in custody and immune from arbitrary intervention by facility or program
			 personnel, or other youth in custody. Unless there is written justification for
			 following some other procedures, control subjects will be selected randomly
			 from the group of available youth in custody who meet the characteristics
			 needed for the particular research project; and
(g) Adequate assurance exists that a youth in
			 custody 's participation in the project or refusal to participate will not
			 affect the youth in custody's release or privilege status.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 170 - APPROVAL OF RESEARCH PROPOSALS › Section 416-170-0030 - OYA Research Committee (ORC)

Current through Register Vol. 63, No. 7, July 1, 2024
The ORC will:
(1)
			 Develop procedures to ensure that proposals are reviewed in a timely
			 manner;
(2) Represent the agency's
			 facilities, programs, stakeholders, and youth in custody, and include persons
			 with the technical knowledge and ability to review project methodology and
			 outcomes;
(3) Review all research
			 proposals and submit recommendations for approval or denial of such requests to
			 the OYA research manager for final approval;
(4) Ensure proper consent and assent is given
			 prior to a youth in custody's participation in a research project, according to
			 OYA policy and a human subjects review committee recommendations;
(5) Provide notification of approved research
			 projects, including a copy of the approved informed consent or assent form, to
			 relevant OYA programs or facilities;
(6) Maintain a complete and current list of
			 all research projects approved by OYA;
(7) Review the resulting data or project
			 report and recommend to the OYA Executive Team whether a disclaimer is
			 necessary; and
(8) Assist in the
			 development of a project summary for distribution to the
			 agency-at-large.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish how the Juvenile
				Justice Information System (JJIS) is developed and maintained by the state
				through the Oregon Youth Authority (OYA), and administered in partnership with
				county juvenile departments.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.223
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) External
			 partner: A public or private agency (other than an internal partner) that works
			 with youth or adjudicated youth served by the county juvenile departments and
			 the Oregon Youth Authority, and has been authorized to have JJIS
			 access.
(2) Internal partner: An
			 organization that directly records data, reports information, or manages a
			 youth or adjudicated youth caseload using JJIS.
(3) Juvenile Justice Information System
			 (JJIS): An electronic information system developed and maintained by the state
			 through the Oregon Youth Authority (OYA) and administered in partnership with
			 county juvenile departments.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.223
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0010 - Vision

Current through Register Vol. 63, No. 7, July 1, 2024
The JJIS vision is to promote public safety and youth
				accountability and to offer opportunities for reformation to youth, through a
				statewide juvenile justice information system that:
(1) Provides a comprehensive view of
			 information about youth and adjudicated youth across Oregon's state and county
			 juvenile justice agencies;
(2)
			 Provides comprehensive support for managing individual youth and adjudicated
			 youth cases and tracking youth and adjudicated youth through the juvenile
			 justice process;
(3) Provides the
			 capacity for and aids in the overall planning, development, and evaluation of
			 programs designed to reduce juvenile crime; and
(4) Recognizes and supports the common needs
			 of juvenile justice partner agencies.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.223
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0020 - Steering Committee

Current through Register Vol. 63, No. 7, July 1, 2024
JJIS is administered by OYA in partnership with county juvenile
				departments through a JJIS Steering Committee.
(1) The JJIS Steering Committee sets the JJIS
			 vision and goals. The Steering Committee's responsibilities include, but are
			 not limited to:
(a) Oversight of the
			 development and implementation of policies and processes for collecting and
			 reporting data;
(b) Assignment of
			 duties between partnering state and local agencies;
(c) Determination of system features,
			 including prioritizing development and implementation of such
			 features;
(d) Monitoring of
			 external partner JJIS access; and
(e) Final approval of JJIS policies and
			 procedures, decisions relating to implementation and maintenance of the system
			 and upgrades.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0030 - Intergovernmental Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Intergovernmental agreements must be maintained between internal partners that
			 outline the division of state and county roles and costs.
(2) Intergovernmental agreements may be
			 written to describe the roles of external partners, as determined by the
			 Steering Committee.
(3) The
			 language in the intergovernmental agreements must be approved by the Steering
			 Committee and reviewed on a timeline determined by the Steering Committee.
			 Revisions to the intergovernmental agreements require the Steering Committee's
			 prior approval.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.223
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0040 - JJIS Policy and Procedure Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) JJIS policy and procedures are developed
			 and approved through the Steering Committee. Final JJIS policies and procedures
			 must be retained and available electronically.
(2) Each participating state and county
			 agency must ensure that its daily operations adhere to the standards contained
			 within the JJIS policies and procedures.
(3) Draft policies and procedures must be
			 distributed to the OYA rules and policy coordinator for review prior to the
			 Steering Committee's adoption, amendment, or repeal.
(4) The Steering Committee has final
			 authority to approve all JJIS policies and procedures.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.223
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 180 - ADMINISTRATION OF THE JUVENILE JUSTICE INFORMATION SYSTEM (JJIS) › Section 416-180-0050 - Information Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) JJIS
			 must comply with all federal, state, and local laws regarding public
			 information and confidentiality, and information technology standards set by
			 the Oregon Legislature, the Department of Administrative Services, and the
			 Criminal Justice Information Standards. The Steering Committee must establish
			 methods for data interchange and information access between partnering agencies
			 that comply with such laws and standards.
(2) OYA or a county juvenile department may
			 disclose information in JJIS relating to a youth's or adjudicated youth's
			 history and prognosis only to a government agency, a public or private
			 post-secondary institution of education, or a person with whom OYA or a county
			 juvenile department has entered into an agreement for the disclosure of the
			 information, and only for the following purposes:
(a) Research;
(b) Evaluation;
(c) Coordination of public safety
			 services;
(d) Program planning;
			 and
(e) Compliance with grant
			 requirements and audits.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules establish an OYA procedure for audits of any service provider agreeing to
			 offer services through direct contract with the OYA, and the provider's
			 subcontractors and vendors. These rules also establish basic record keeping
			 standards for programs subject to audit under these rules, establish procedures
			 for appealing audit findings, and set out a process to implement the findings
			 of the final audit report.
(2)
			 Under these rules, the OYA may audit any service provider that provides any
			 part of OYA services. The scope of the audit will include only OYA funds or
			 related matching funds. However, OYA may include other funds in its tests to
			 the extent necessary to audit OYA funds or matching funds.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Audit: The
			 examination of documents, records, reports, systems of internal control,
			 accounting and financial procedures, and other evidence for one or more of the
			 following purposes:
(a) To ascertain whether
			 the financial statements present fairly the financial position and the results
			 of financial operations of the fund types and/or account groups in accordance
			 with Generally Accepted Accounting Principles and federal and state rules and
			 regulations;
(b) To determine
			 compliance with applicable laws, rules, regulations and contract
			 provisions;
(c) To review the
			 efficiency and economy with which operations are carried out; and
(d) To review effectiveness in achieving
			 program results.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0020 - Revenue

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A service
			 provider will maintain a revenue account for each income source which results
			 from the operation of the service or is used to support the service. For
			 example, separate revenue accounts will be established for each program for
			 which the provider receives payment from OYA, direct federal payments,
			 donations, fees, interest earned, rentals collected from subleases, sales of
			 capital equipment, training grants or any other source of income.
(2) Only cash revenue may be used to match
			 state funds unless the OYA gives prior authorization in writing to use
			 contributed services or property to match state funds.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0040 - Audit Process and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person, organization, or agency, including OYA, may request an audit of a
			 service provider by submitting an audit request in writing to the OYA
			 Director's Office. The request will clearly identify the service provider to be
			 audited, setting forth its name, location, program director, the period for
			 which the audit is requested and the reason for the request.
(2) The OYA Director's Office will review the
			 request and arrange for an audit if considered appropriate.
(3) The OYA Director's Office has discretion
			 to notify the appropriate service provider program director of the scheduled
			 audit in advance. The OYA retains the right to perform an audit without prior
			 notice to the subject service provider.
(4) Upon completion of the audit, the OYA
			 will prepare a report setting forth the findings, recommendations, and auditee
			 responses where applicable. Audit work papers will be available showing the
			 details of the audit findings.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0050 - Disposition of Audit Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To the extent an audit documents non-allowable expenditures in non-capitated
			 programs, the OYA will recover such funds.
(2) To the extent an audit report evidences
			 non-compliance with applicable program and/or licensing rules, the audit
			 findings may be referred to the Director of the OYA to assess civil penalties,
			 where applicable, or for other corrective action deemed necessary by the
			 OYA.
(3) Notwithstanding any other
			 provisions of these rules, to the extent an audit report reveals non-compliance
			 with Generally Accepted Accounting Principles or these rules, OYA may require
			 corrective action to bring the deficiencies into compliance with state and
			 federal rules and regulations. Non-compliance which results in substantial
			 misrepresentation of financial activities may result in termination of the
			 license and/or contract.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 250 - OYA AUDIT GUIDELINES › Section 416-250-0060 - Provider Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider
			 may appeal certain decisions affecting the provider by making a written request
			 to the OYA Director's Office. The request must state whether the provider wants
			 an administrative review, and/or a contested case hearing, as outlined in the
			 OMAP General Rules OAR 410-120-1560, Provider Appeals, through 410-120-1840,
			 Provider Hearings-Role of Hearings Officer. If the subject service provider
			 decides to appeal the audit, it will set forth in writing the reasons for its
			 appeal within 30 days of receipt of the report.
(2) When OYA seeks to recover funds under
			 these rules, OYA will negotiate the terms and conditions of repayment with the
			 audited service provider.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010