reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 340 - MEDICATION MANAGEMENT › Section 416-340-0050 - Intra-muscular (IM) Injections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) IM
			 injections may be administered only by a physician, nurse practitioner,
			 Registered Nurse (RN), or Licensed Practical Nurse (LPN).
(2) Except in an emergency as determined by a
			 qualified physician, prescribed medication will not be administered IM, unless
			 given in a clinical facility equipped to deal with possible adverse
			 effects.
(3) No youth in custody
			 will receive an IM injection of major tranquilizing drugs unless a physician
			 authorizes its use prior to each injection. Exception: When a physician finds a
			 series of IM injections are necessary for treatment, a new prescription will
			 not be required for each injection, provided that:
(a) If a series of shots are given within any
			 24-hour period, the youth in custody, at the end of that period, will be
			 evaluated by the physician to determine whether a transfer to a psychiatric
			 facility would be in the youth in custody's best interests.
(b) A new prescription will be written for
			 any additional series of injections at the end of each 24-hour
			 period.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 340 - MEDICATION MANAGEMENT › Section 416-340-0060 - Psychotropic Medications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Psychotropic medications will be prescribed by a physician or nurse
			 practitioner through a written order.
(2) The use of medication to alter behavior,
			 thought processes or mood will be based solely on a physician's determination
			 that the medication is in the best medical interests of the youth in
			 custody.
(3) Psychotropic
			 medications will be reviewed no less than every 90 days:
(a) By the prescribing physician or nurse
			 practitioner for desired responses and adverse consequences; and
(b) To determine the continued need or lowest
			 effective dosage in a carefully monitored program.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 340 - MEDICATION MANAGEMENT › Section 416-340-0070 - Medication Management in Substitute Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A substitute care provider will comply
			 with all rules in this Division unless specifically noted.
(2) A substitute care provider will keep a
			 record of the youth in custody's medical history. These records will be kept
			 current and organized in a manner that clearly shows the medical needs of the
			 youth in custody. These records must be forwarded to the Oregon Youth Authority
			 upon a youth in custody's placement change, or placement termination.
(3) A substitute care provider will notify
			 the youth in custody's juvenile parole/probation officer (JPPO) within one
			 working day of any new prescription for psychotropic medication.
(4) A substitute care provider will notify
			 the youth in custody's JPPO within one working day if a youth in custody 14
			 years of age or older becomes known to be diagnosed or treated for any mental
			 or emotional disorder or chemical dependency.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  418.517,
				  420A.010,
				  420A.014 &
				  420.054
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 345 - YOUTH IN CUSTODY MEDICAL CARE AND TREATMENT IN YOUTH CORRECTION FACILITIES › Section 416-345-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish categories for youth in custody medical
				care and treatment in youth correction facilities through priority levels. Each
				priority level also has a prescribed authorization process.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010, ORS
				  420.014 & ORS
				  420A.015
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 345 - YOUTH IN CUSTODY MEDICAL CARE AND TREATMENT IN YOUTH CORRECTION FACILITIES › Section 416-345-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinical review
			 committee: A committee comprised of at least a medical practitioner and other
			 licensed OYA health care staff convened by the OYA medical director to review
			 requests for certain youth in custody medical treatment in OYA youth correction
			 facilities.
(2) OYA: The Oregon
			 Youth Authority.
(3) OYA medical
			 practitioner: Includes physicians, nurse practitioners, and dentists licensed
			 within the scope of their professional practice acts to evaluate and care for
			 patients who are 12 to 25 years of age.
(4) OYA medical director: An OYA employee who
			 is a licensed physician responsible for directing and overseeing youth in
			 custody medical health care services in youth correction facilities.
(5) Youth correction facility: A facility
			 used for the confinement of youth in custody and includes secure regional youth
			 facilities, regional accountability camps, residential academies and
			 satellites, camps, and branches of those facilities.
(6) Youth in custody: A person in the legal
			 and physical custody of OYA in a youth correction facility; or 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
				  420A.010, ORS
				  420A.014 & ORS
				  420A.015
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 345 - YOUTH IN CUSTODY MEDICAL CARE AND TREATMENT IN YOUTH CORRECTION FACILITIES › Section 416-345-0030 - Levels of Medical Care and Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Youth in custody medical care and
			 treatment is authorized and provided according to priorities established by the
			 OYA medical director. Medical care and treatment is generally prioritized into
			 four levels.
(2) Level 1 -
			 medically mandatory care and treatment
(a)
			 Level 1 care and treatment is medical care and treatment that is essential to
			 life and health, without which rapid deterioration may be an expected outcome
			 and where medical surgical intervention makes a very significant difference, or
			 has a very high cost effectiveness. Examples of conditions that may allow for
			 Level 1 care and treatment include:
(A) Acute
			 problems, potentially fatal, where treatment prevents death and allows full
			 recovery, (e.g., appendectomy for appendicitis);
(B) Acute problems, potentially fatal, where
			 treatment prevents death but does not necessarily allow for full recovery
			 (e.g., burn treatment, treatment for severe head injuries, status asthmaticus);
			 and
(C) Maternity care (e.g.,
			 monitoring, delivery, gestational hypertension).
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 345 - YOUTH IN CUSTODY MEDICAL CARE AND TREATMENT IN YOUTH CORRECTION FACILITIES › Section 416-345-0040 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 OAR 416-345-0030, there may be circumstances in which the level of care and
			 treatment is unclear, or it may be inappropriate to apply any level of care and
			 treatment to an individual patient. Any individual case, or proposed care or
			 treatment, may be submitted to the OYA medical director to review for medical
			 appropriateness or second opinion.
(2) The OYA medical director may consider the
			 following factors to determine proposed medical care or treatment
			 appropriateness, including but not limited to:
(a) The urgency of the care and treatment and
			 the anticipated length of the youth in custody's remaining commitment to close
			 custody and whether the care and treatment could or could not be reasonably
			 delayed without causing a significant progression, complication, or
			 deterioration of the condition;
(b)
			 The overall necessity of the care and treatment in regards to morbidity,
			 mortality, and functional disability;
(c) Pre-existing condition(s) prior to
			 incarceration, and the reasons for not obtaining treatment prior to
			 incarceration;
(d) The probability
			 the care and treatment will have a successful outcome, along with relevant
			 risks;
(e) Any other known costs,
			 risks, or benefits associated with the care and treatment;
(f) Alternative therapies;
(g) The youth in custody's desire for the
			 care and treatment and the likelihood of the youth in custody's cooperation
			 with the care and treatment; and
(h) Pain complaints, or pain
			 behavior.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Youth Authority (OYA) establishes the following
				criteria for admission to close-custody facilities, including the designation
				of Public Safety Reserve (PSR) beds and county bed allocations.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.014  & 420.011
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Close custody:
			 The OYA placement designation for youth in custody who are committed to OYA
			 legal custody or transferred to OYA physical custody, and reside in youth
			 correction facilities.
(2)
			 Discretionary Bed Allocation (DBA): A category of beds in youth correction
			 facilities reserved for youth in custody not in the PSR or in the legal custody
			 of DOC.
(3) Executive Team: A group
			 of OYA executive staff that provides oversight to agency operations. Membership
			 includes the director, deputy director, assistant directors, and other persons
			 as requested by the Executive Team.
(4) OYA: Oregon Youth Authority.
(5) Public Safety Reserve (PSR): A number of
			 beds in youth correction facilities that are reserved for youth in custody who
			 have been adjudicated for committing a specified crime type.
(6) Youth in custody: A person in the legal
			 and physical custody of OYA in a youth correction facility; or 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
				  420.081 &
				  420.011
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0020 - Allocation of Close-custody Beds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Team will determine the
			 number of designated Public Safety Reserve (PSR) beds, ensuring that youth in
			 custody adjudicated for committing specified crime types can be placed in close
			 custody.
(a) Youth in custody committed to
			 OYA close custody for the following offenses qualify for a PSR bed:
(A) Murder in the first degree, as defined by
			 ORS 163.107(1);
(B) Murder in the second degree, as defined
			 by ORS 163.115;
(C) Attempt to commit aggravated murder or
			 murder in any degree, as defined by ORS
			 161.405(2)(a);
(D) Aggravated murder, as defined by ORS
			 163.095;
(E) Manslaughter in the first degree, as
			 defined by ORS 163.118;
(F) Rape in the first degree, as defined by
			 ORS 163.375;
(G) Sodomy in the first degree, as defined by
			 ORS 163.405;
(H) Unlawful sexual penetration in the first
			 degree, as defined by ORS
			 163.411;
(I) Assault in the first degree, as defined
			 by ORS 163.185;
(J) Robbery in the first degree, as defined
			 by ORS 164.415;
(K) Arson in the first degree, as defined by
			 ORS 164.325;
(L) Kidnapping in the first degree, as
			 defined by ORS 163.235;
(M) Manslaughter in the second degree, as
			 defined by ORS 163.125;
(N) Criminally negligent homicide, as defined
			 by ORS 163.145;
(O) Assault in the second degree, as defined
			 by ORS 163.175;
(P) Kidnapping in the second degree, as
			 defined by ORS 163.225;
(Q) Rape in the second degree, as defined by
			 ORS 163.365;
(R) Sodomy in the second degree, as defined
			 by ORS 163.395;
(S) Unlawful sexual penetration in the second
			 degree, as defined by ORS
			 163.408;
(T) Sexual abuse in the first degree, as
			 defined by ORS 163.427;
(U) Robbery in the second degree, as defined
			 by ORS 164.405;
(V) Using a child in a display of sexually
			 explicit conduct, as defined by ORS
			 163.670;
(W) Aggravated vehicular homicide, as defined
			 by ORS 163.149;
(X) Unlawful Manufacture or Delivery of a
			 Controlled Substance thereby causing death, as defined by ORS
			 475.752(6);
(Y) Compelling prostitution as defined by ORS
			 167.017; or
(Z) Conspiracy to commit any of the offenses
			 listed above, as defined by ORS
			 161.450.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0030 - Diversion Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the legislature appropriates funds to OYA expressly for distribution to
			 counties in support of programs to divert youth from close custody, such funds
			 are allocated based on each county's percentage of the state's population of
			 persons 17 years of age and under.
(a) A
			 county or region of counties that chooses to accept funds to divert youth from
			 close-custody facilities must agree in intergovernmental agreements with OYA
			 not to exceed its allocated funding.
(b) The intergovernmental agreement is based
			 on the county's or region's plan developed in accordance with Oregon statutes
			 and approved by OYA. The plan must contain:
(A) The method for providing evaluation,
			 including education, diagnostic, and placement services;
(B) A process for providing a hearings
			 officer for preliminary parole revocation hearings;
(C) A plan for providing detention backup,
			 and backup to community programs; and
(D) The type of programs the county or region
			 will use in order not to exceed its DBA.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0050 - Initial Placement in Close Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Youth in custody initially committed to
			 OYA close custody must be oriented to OYA at a close-custody intake facility.
			 During the first 30 days, each youth in custody must receive medical, dental,
			 and psychological evaluations as needed, and educational testing and
			 evaluation. OYA must assess youth in custody for criminogenic areas of risk,
			 protective factors, and resource need.
(2) OYA will determine a youth in custody's
			 initial close-custody facility or living unit placement after reviewing
			 information gathered from the sending community, and reports and assessments
			 generated within the intake facility.
(3) Youth in custody must be informed of
			 their right to appeal the placement decision through the youth in custody
			 grievance process in accordance with OAR 416-020.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011, ORS
				  420A.010 & ORS
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 410 - Close-custody Population › Section 416-410-0060 - Standards of Care and Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OYA
			 director must determine maximum population levels for each close-custody
			 facility. The maximum population allowable must not exceed the design capacity
			 for the facility, must take into consideration the ratio of population to staff
			 assigned primarily or exclusively for supervision and control of youth in
			 custody, and must meet the needs of the close-custody population.
(2) Within budget limitations, OYA ascribes
			 to the Performance-based Standards (PbS) for Youth Correction and Detention
			 Facilities.
(3) OYA must identify
			 the collective service needs of the close-custody population at least annually.
			 Special programs must be provided to meet the needs of youth in custody with
			 specific issues.
(4) Close-custody
			 placement of adjudicated youth is limited to adjudicated youth who require
			 secure custody, are found to be within the jurisdiction of the court, and are
			 at least 12 years of age.
(5) There
			 is a limit to the number of adjudicated youth who can be placed in OYA close
			 custody on a given day. Subject to the limitation, the following criteria are
			 required for an adjudicated youth to be admitted into a close-custody facility:
(a) Displays serious and persistent criminal
			 behavior;
(b) Displays a lack of
			 responsiveness to the expectations of the court; and
(c) Cannot be safely served by available
			 community resources, and is in need of a close-custody placement.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules institute guidelines for establishing, operating,
				and administering Work Programs for Youth in Custody residing in OYA
				close-custody facilities. OYA Work Programs emphasize each participant's
				potential to lead a positive, productive life. The goal of OYA Work Programs is
				for Youth in Custody participants to gain the knowledge, skills, and
				proficiencies for employment or further education upon release from
				incarceration into the community, consistent with the Youth in Custody's
				treatment needs, the safety and security needs of the facility, and the safety
				and security needs of the Work Program and any Program Staff or Youth in
				Custody participants.
Statutory/Other Authority: ORS
				  420A.025,
				  420A.010 & 420.240
Statutes/Other Implemented: ORS
				  420A.010,
				  420.060,
				  420.240 &
				  420.245
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0030 - Work Program Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 facility's superintendent or camp director is the Work Program approval
			 authority for Facility Work Programs under the superintendent's or camp
			 director's purview. Facility Work Programs must be approved by the facility's
			 superintendent or camp director prior to the Work Program's
			 implementation.
(2) The Assistant
			 Director Facility Services, or the Assistant Director Facility Services'
			 designee, is the Work Program approval authority for Work Programs administered
			 beyond an OYA facility's secure perimeter. Work Programs administered beyond an
			 OYA facility's secure perimeter must be approved by the Assistant Director
			 Facility Services, or designee, prior to the Work Program's
			 implementation.
(3) Prior to
			 approving a Work Program, the Work Program approval authority must ensure the
			 Work Program's purpose is clearly correlated to Youth in Custody participation
			 in at least one of the following:
(a) Private,
			 gainful employment;
(b) An
			 educational or Vocational Program, including but not limited to technical and
			 general education, provided by OYA staff, or public or private agencies or
			 persons; or
(c) A specific program
			 to develop work skills.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0040 - Youth in Custody Eligibility for Participation in a Work Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility
			 superintendent, camp director, Program Staff, or Facility Services Assistant
			 Director may consider any eligible Youth in Custody for assignment to a Work
			 Program.
(2) The facility
			 superintendent, camp director, Program Staff, or Youth in Custody's
			 Multidisciplinary Team may initiate a Youth in Custody's eligibility review for
			 assignment to a Work Program.
(3)
			 The Work Program approval authority, in the Work Program approval authority's
			 sole discretion, may assign a Youth in Custody to a Work Program. The Work
			 Program approval authority may specify conditions for the Youth in Custody's
			 assignment to and participation in the Work Program.
(4) Eligibility Criteria.
(a) To be considered for assignment and
			 participation in any Work Program, a Youth in Custody must:
(A) Complete initial medical and mental
			 health assessments according to OYA policy;
(B) Complete required safety and health
			 training according to OYA policy; and
(C) Be age appropriate for the Work Program
			 as determined by the Work Program approval authority. Youth in Custody under 18
			 years of age must not perform any work prohibited by state or federal
			 regulations pertaining to child labor.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0050 - Youth in Custody Work Program Evaluation, Stipends and Revenue

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA must
			 evaluate a Youth in Custody's Work Program performance.
(a) Program Staff will provide the Youth in
			 Custody and the Youth in Custody's Multidisciplinary Team with feedback on the
			 Youth in Custody's job or service performance at least monthly.
(b) Work Program performance feedback will
			 address, at a minimum, the Youth in Custody's quality and quantity of work,
			 initiative, amenability to learn, dependability, response to supervision and
			 instruction, safety and care of equipment, ability to work with others, and
			 overall job or service proficiency.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0060 - Youth in Custody Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Youth in Custody participating in OYA-approved Work Programs retain their legal
			 status as Adjudicated Youth or DOC Youth in Custody and must comply with any
			 conditions of participation or standards of conduct established by the Work
			 Program approval authority or Program Staff.
(2) Any behavior violation associated with a
			 Youth in Custody's participation in a Work Program must be managed according to
			 OAR chapter 416, division 470 (Prohibited Youth in Custody Behaviors and
			 Processing Behavior Violations).
Statutory/Other Authority: ORS
				  420A.025,
				  420A.010 & 420.240
Statutes/Other Implemented: ORS
				  420A.010,
				  420.070,
				  420.240,
				  420.245,
				  420.250,
				  420.255 &
				  420.270
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0070 - Work Program Participation Suspension/Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Work Program approval authority,
			 Program Staff, or other OYA staff may, in their sole discretion, cause a Youth
			 in Custody to be temporarily removed from the Youth in Custody's Work Program
			 assignment for reasons consistent with the Youth in Custody's treatment needs,
			 the safety and security needs of the facility, or the safety and security needs
			 of the Work Program and any Program Staff or Youth in Custody
			 participants.
(2) A Youth in
			 Custody's Work Program assignment must be immediately suspended whenever the
			 Work Program approval authority, Program Staff, or other OYA staff have reason
			 to believe that:
(a) The Youth in Custody has
			 violated any law, or prescribed Work Program participation condition;
(b) The Youth in Custody's continued
			 participation in the Work Program poses an imminent threat to staff, other
			 Youth in Custody, or the general public; or
(c) The Youth in Custody's continued
			 participation in the Work Program is otherwise not in the best interest of the
			 Youth in Custody, facility operations, or the community.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0080 - Work Program Staff Security Precautions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Staff may supervise Youth in
			 Custody who are participating in Facility Work Programs or Work Release, or
			 escort Youth in Custody going to or returning from Work Release activities in
			 the community.
(2) Only a Program
			 Staff who is an OYA employee, or an employee or agent of a local, state, or
			 federal government agency may supervise Youth in Custody who are participating
			 in Onsite Work Programs or Offsite Work Programs.
(3) Program Staff who supervise or escort
			 Youth in Custody must:
(a) Successfully
			 complete OYA training on basic security practices;
(b) Carry a mobile communication device;
			 and
(c) Be familiar with and follow
			 OYA policies pertaining to:
(A) Appropriate
			 relationships with Youth in Custody;
(B) Mandatory reporting of Youth in Custody
			 abuse or harassment;
(C)
			 Supervision of Youth in Custody; and
(D) Transporting Youth in Custody.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 415 - YOUTH IN CUSTODY WORK PROGRAMS › Section 416-415-0090 - Written Agreements with Public and Private Agencies or Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A written
			 agreement must exist between OYA and a public or private agency, or person with
			 whom a Youth in Custody has secured authorized work, prior to the assignment of
			 a Youth in Custody to perform the authorized work.
(2) The agreement must set forth the
			 following:
(a) The nature and scope of the
			 work to be performed by the Youth in Custody;
(b) Any terms or conditions of the Youth in
			 Custody's assignment and participation required by OYA;
(c) The stipend rate for the Youth in
			 Custody's participation in the Work Program;
(d) The costs of staff supervision, if
			 applicable; and
(e) A provision
			 requiring the public or private agency, or person with whom a Youth in Custody
			 has secured authorized work to furnish to OYA a regular accounting of the Youth
			 in Custody's work performance, behavior, and location.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 420 - OYA FACILITY ACCESS, TOURS, AND YOUTH IN CUSTODY VISITATION › Section 416-420-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 define the process by which persons may gain entrance to Oregon Youth Authority
			 (OYA) facilities for the purpose of increasing individual knowledge about OYA
			 services or interacting with an offender placed there.
(2) These rules apply to all offenders who
			 are committed to the legal or physical custody of the OYA, and placed in OYA
			 facilities.
(3) All offenders,
			 except as specifically provided in these rules, are eligible for visits while
			 confined in an OYA facility.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  162.135,
				  162.185,
				  419C.478,
				  420A.120
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 420 - OYA FACILITY ACCESS, TOURS, AND YOUTH IN CUSTODY VISITATION › Section 416-420-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Facility: Any
			 youth correctional facility, camp or transitional facility, operated by the
			 Oregon Youth Authority.
(2)
			 Premises: Includes any building, staff office, and grounds.
(3) Youth in custody: A person in the legal
			 and physical custody of OYA either in a 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 facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 420 - OYA FACILITY ACCESS, TOURS, AND YOUTH IN CUSTODY VISITATION › Section 416-420-0020 - Tours

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval by the
			 OYA is required for all facility tours in compliance with these rules and OYA
			 policy and procedure. Typically, tours are granted to persons interested or
			 involved in juvenile corrections, such as:
(a)
			 Oregon state officials;
(b)
			 Juvenile justice professionals from other agencies;
(c) Students older than age 18, as part of an
			 educational program (exceptions for underage students may be approved by the
			 facility superintendent/camp director).
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 420 - OYA FACILITY ACCESS, TOURS, AND YOUTH IN CUSTODY VISITATION › Section 416-420-0030 - Visits with Youth in Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior authorization by OYA is required
			 for all persons who request to visit a youth in custody, in compliance with
			 these rules and OYA policy.
(2)
			 Staff will consider all requests from individuals who request to visit a youth
			 in custody and allow or deny the visit on the basis of the interests of the
			 security and order of the facility and what would best benefit the youth in
			 custody. When making a determination about whether to allow visitation, staff
			 will consider:
(a) Facility security and
			 order;
(b) The relationship that
			 exists between the youth in custody and the visitor;
(c) The youth in custody's case
			 plan;
(d) The goals for the
			 visit;
(e) The youth in custody's
			 wishes;
(f) Orders of the court;
			 and
(g) The recommendation of the
			 Department of Corrections (DOC) (for youth in custody who are in the physical
			 custody of OYA and legal custody of DOC).
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 425 - OFFENDER TRANSFERS IN CLOSE CUSTODY FACILITIES TO MENTAL HEALTH FACILITIES › Section 416-425-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe procedures by which offenders in Oregon
				Youth Authority (OYA) close custody facilities may be transferred to a state
				mental hospital or a facility designated by the Oregon Health Authority (OHA)
				for evaluation and treatment.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  179.471,
				  179.473,
				  179.478,
				  420.500,
				  520.505 & 420.525
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 425 - OFFENDER TRANSFERS IN CLOSE CUSTODY FACILITIES TO MENTAL HEALTH FACILITIES › Section 416-425-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules:
(1) Close custody facility: Any of the secure
			 facilities operated by the OYA, including, but not limited to, youth
			 correctional facilities, work/study camps, and transition camps.
(2) Facility designated by the Oregon Health
			 Authority (OHA): A hospital or secure non-hospital facility designated by OHA
			 to provide evaluation and treatment services for offenders under the age of
			 18.
(3) Hearing Officer: An
			 independent decision maker designated to conduct an administrative commitment
			 hearing for an offender.
(4)
			 Mentally Ill offender: An offender who, because of a mental disorder or a
			 severe emotional disorder, is one or more of the following:
(a) Dangerous to self or others;
(b) Is unable to provide for basic personal
			 needs and is not receiving such psychiatric care as is necessary for health or
			 safety;
(c) An offender, who unless
			 treated, will continue to a reasonable medical probability, to physically or
			 mentally deteriorate so that the offender will become a person described under
			 either or both subparagraph (a) or (b) above.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 425 - OFFENDER TRANSFERS IN CLOSE CUSTODY FACILITIES TO MENTAL HEALTH FACILITIES › Section 416-425-0020 - Procedures for Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 OYA close custody facility Superintendent, the Director of the OYA, or the
			 Director's designee may request that the superintendent of a state mental
			 hospital or a facility designated by OHA for evaluation and treatment accept a
			 transfer of a mentally ill offender to a state mental hospital or facility
			 designated by OHA.
(2) If the
			 superintendent of the state mental hospital or facility designated by OHA
			 approves a transfer request made under paragraph (1) of this subsection, the
			 offender will be transferred.
(3)
			 An offender may be transferred to a state mental hospital or a facility
			 designated by OHA for stabilization and evaluation for mental health treatment
			 for a period not to exceed 30 days unless the transfer is extended with
			 offender consent or following an administrative commitment hearing pursuant to
			 paragraph (4) of this subsection.
(4) Administrative commitments for offenders
			 in the legal custody of the DOC and in the physical custody of the OYA will be
			 accomplished through a hearing conducted by an OYA hearing officer in
			 accordance with these rules. DOC offenders in OYA physical custody requiring
			 mental health evaluation and treatment will be transferred directly from an OYA
			 facility to a state mental hospital listed in ORS
			 426.010 or a hospital or facility designated by OHA and returned directly to the OYA
			 facility.
(5) The OHA will provide
			 for an administrative commitment hearing conducted by a hearing officer
			 employed or under contract with the OYA for administrative commitment or
			 extension of the transfer of the offender if:
(a) The OHA determines that administrative
			 commitment for treatment for a mental illness is necessary or advisable or that
			 OHA needs more than 30 days to stabilize or evaluate the offender;
			 and
(b) The offender does not
			 consent to the administrative commitment or an extension of the
			 transfer.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certain types
			 of youth in custody behavior exhibited prior to or following placement in OYA
			 custody are identified as sensitive and cause a sensitive case descriptor to be
			 attached to a case file. This rule defines the process by which such descriptor
			 will be attached and removed from a case file.
(2) These rules apply to all youth in custody
			 who are committed to the legal or physical custody of OYA, and placed in OYA
			 facilities or under OYA supervision on parole/probation status in the
			 community.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011,
				  420A.010 &
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0010 - Reason for Descriptors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of the descriptor is to alert staff to unique situations that can
			 affect the following areas of case management and program planning:
(a) Safety, security, and order of facilities
			 and communities. Awareness of unique situations ensure that staff fully
			 consider placement options (both in the facility living unit, and in the
			 community), ensuring that safety, security, and order of facilities and
			 communities are maintained;
(b)
			 Youth in custody treatment opportunities. Collection of accurate and consistent
			 information will prompt appropriate assessment to identify unique treatment
			 needs where they exist. Such information notifies staff to link youth in
			 custody with available programming and spurs the development of new programs to
			 meet youth in custody needs;
(c)
			 Transition planning for youth in custody: The case descriptor will cue staff to
			 consider specific community services available to support the unique needs of
			 the youth in custody;
(d) Effective
			 networking with stakeholders: The case descriptor will ensure that pertinent
			 and accurate information is passed along to stakeholders when youth in custody
			 transition in and out of OYA system, and in response to requests for
			 information from stakeholders; and
(e) Agency planning. Accurate definition of
			 populations served by OYA is necessary to present statistical reports in
			 support of current and future programming.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0020 - Application of Descriptors

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Staff will recommend the application of a descriptor in a written report
			 designed for that purpose, and include information that meets the descriptor
			 criteria, as detailed in OYA policy. This information may be derived from a
			 variety of sources, including but not limited to: the youth in custody case
			 file, youth in custody self-reports, or information provided by other
			 agencies.
(2) A recommendation
			 cannot be approved unless there is clear and convincing evidence that the
			 descriptor should be applied.
(3)
			 Staff will notify the youth in custody when a descriptor is attached to the
			 case file. The date and manner by which the notification was provided will be
			 noted in the youth in custody case file.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011,
				  420A.010 &
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0025 - Review of Descriptors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 descriptor will be reviewed whenever a youth in custody transfers to a
			 different placement setting or when new information is received that causes OYA
			 to consider applying or removing it.
(2) Discussion of the descriptor will be
			 included in the usual case planning or review process.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011,
				  420A.010 &
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0030 - Removal of Descriptors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 the event a descriptor is improperly applied or when information is received
			 that indicates the descriptor is not needed, a written request will be made to
			 remove it. This request will state the reason the descriptor does not apply to
			 the case.
(2) OYA will notify the
			 youth in custody when a descriptor is removed.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011,
				  420A.010 &
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 430 - SENSITIVE CASE DESCRIPTORS › Section 416-430-0050 - Grievance

Current through Register Vol. 63, No. 7, July 1, 2024
Youth in custody will be notified in writing of their right to
				appeal decisions of OYA, including application of a sensitive case descriptor.
				Such notification will include a description of the grievance process and
				applicable time lines, in accordance with OAR 416-020 Youth in Custody
				Grievance Process.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.011,
				  420A.010 &
				  420A.125
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 435 - OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth › Section 416-435-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA staff must
			 strive to treat all youth in custody (YICs) respectfully and without harassment
			 and discrimination with consideration of each YIC's individual circumstances,
			 including race, ethnicity, religious beliefs, national origin, sex, physical or
			 mental disabilities, sexual orientation, gender identity, gender expression, or
			 intersex status. OYA seeks to provide an inclusive, safe, and positive human
			 development environment for all YICs in its custody.
(2) The purpose of these rules is to
			 establish OYA standards for the identification, assessment, review, and
			 case-by-case management of transgender, gender diverse, gender fluid, and
			 intersex YICs.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010, ORS
				  420A.014  & ORS
				  420A.015
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 435 - OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth › Section 416-435-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Discrimination:
			 Any act, policy or practice that penalizes or disadvantages YICs or subjects
			 them to harassment based on actual or perceived race, ethnicity, religious
			 belief, national origin, sex, physical or mental disability, sexual
			 orientation, gender identity, gender expression, or intersex status.
(2) Exigent circumstances: Any set of
			 temporary or unforeseen circumstances that require immediate action in order to
			 combat a threat to the security or institutional order of a facility, community
			 program, or the community.
(3)
			 Gender: The socially constructed roles, behaviors, activities, and attributes
			 that a given society typically or historically assigns to men and
			 women.
(4) Gender diverse: A
			 person's physical appearance and characteristics or behaviors that are
			 different than those stereotypically associated with the person's assigned sex
			 at birth or traditional societal gender expectations.
(5) Gender expression: The manner in which a
			 person expresses gender through clothing, appearance, behavior, speech, etc.
			 Gender expression is distinct from sexual orientation and gender
			 identity.
(6) Gender fluid: An
			 adjective used to describe a person whose gender identity is not fixed; of or
			 relating to a person having or expressing a fluid or unfixed gender
			 identity.
(7) Gender identity:
			 Refers to a person's internal, deeply felt sense of being male, female, or
			 non-binary; distinct from sexual orientation.
(8) Intersex: A person whose sexual or
			 reproductive anatomy, chromosomal pattern, or hormonal presentation does not
			 seem to fit typical definitions of male or female.
(9) OYA Sexual Orientation, Gender Identity
			 and Expression Committee (SOGIEC): A multidisciplinary group that reviews and
			 determines appropriate community placement, housing assignment, care, and
			 management of YICs who identify as transgender, gender diverse, gender fluid or
			 intersex. The committee includes at least one person with knowledge of gender
			 issues facing transgender and intersex YICs.
(10) Transgender: A person whose gender
			 identity is different from the person's assigned sex at birth.
(11) Youth correction facility: A facility
			 used for the confinement of YICs and includes secure regional youth facilities,
			 regional accountability camps, residential academies and satellites, camps, and
			 branches of those facilities.
(12)
			 Youth in custody (YIC): 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
				  420A.010, ORS
				  420A.014  & ORS
				  420A.015
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 435 - OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth › Section 416-435-0030 - Identification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Designated
			 staff must provide the opportunity for YICs to identify their sexual
			 orientation, gender identity, and intersex status upon their commitment to OYA,
			 and during their intake process into youth correction facilities.
(2) Designated staff must interview a YIC
			 regarding the YIC's gender identity, sexual orientation, or intersex status
			 only to the degree necessary to make appropriate informed decisions on
			 community placements, housing assignments, programming assignments; to provide
			 health care and health assessments; and as necessary for the YIC's health and
			 safety, or for the safe, secure, and orderly operation of a youth correction
			 facility.
(3) If a YIC discloses to
			 staff that they are transgender, intersex, gender diverse, gender fluid, or not
			 heterosexual, staff must ask the YIC to what extent the YIC wants to share the
			 information and with whom.
(a) Staff must
			 inform the YIC that in order to provide needed accommodations or services, the
			 YIC's gender identity, sexual orientation, or intersex status may be shared
			 with other staff or service providers as needed.
(b) If a transgender, gender diverse, gender
			 fluid, or intersex YIC requests a mental health or physical health resource due
			 to their gender identity needs, staff must inform the YIC that the request must
			 be made in writing by completing a specified OYA form.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 435 - OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth › Section 416-435-0040 - Placement and Housing Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SOGIEC will collect and review
			 relevant information regarding transgender, gender diverse, or intersex YICs
			 and make decisions on a case-by-case basis regarding appropriate placement,
			 care, and management of the YICs.
(2) After a YIC is placed in a youth
			 correction facility, designated youth correction facility staff will determine
			 and assign a transgender, gender diverse, gender fluid, or intersex YIC to
			 appropriate housing within the facility unless the YIC's housing assignment
			 within the facility is specifically directed by the SOGIEC.
(a) Staff may not require a YIC to sleep in
			 individual quarters or to be placed in specific housing based solely on their
			 sexual orientation, gender identity, or intersex status.
(b) Staff may allow a YIC who reports feeling
			 safer sleeping in an individual room to do so when a room is available for such
			 purpose. If an individual sleeping room is not available, staff must discuss
			 alternative safety planning with the YIC.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 435 - OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth › Section 416-435-0050 - Management of Youth who Identify as Transgender, Gender Diverse, Gender Fluid, or Intersex

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Searches
(a) When a YIC identifies as
			 transgender, gender diverse, gender fluid, or intersex upon the YIC's
			 commitment to OYA, designated staff must ask the YIC whether the YIC prefers
			 that a male or female staff conduct the YIC's required physical
			 searches.
(b) When a YIC identifies
			 as transgender, gender diverse, gender fluid, or intersex during initial intake
			 into a youth correction facility, designated staff must ask the YIC whether the
			 YIC prefers that a male or female staff conduct the YIC's required physical and
			 visual searches.
(c) If the
			 preferred staff gender identify is not the same as the YIC, the SOGIEC must
			 review and approve or deny the YIC's preference.
(d) Staff must accommodate the YIC's stated
			 preference, except if the SOGIEC has denied the accommodation, or during
			 exigent circumstances.
(e) If a YIC
			 who was not identified as transgender, gender diverse, gender fluid, or
			 intersex upon OYA commitment or during initial intake into a youth correction
			 facility later identifies as transgender, gender diverse, gender fluid, or
			 intersex, staff must follow the process described in subsection (1)(a) or (b)
			 above regarding preferred required searches.