reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules describe SOSCF's procedures for handling payments
				made by SOSCF which are in error or result from fraudulent acts committed by
				service providers and subcontractors of service providers contracting with
				SOSCF, persons working under personal service contracts with SOSCF, or SOSCF
				employees.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.235 - ORS
				  293.245
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Fraud":
			 Intentional acts, claims, statements, or payments resulting in
			 misrepresentation and/or willful withholding of material facts for the purpose
			 of deceiving.
(2) "Unintentional
			 Error": Errors in payments or billings made without intent to
			 deceive.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.235 - ORS
				  293.245 &  42 CFR
				  433
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0220 - Unintentional Error

Current through Register Vol. 63, No. 7, July 1, 2024
In instances of unintentional error, SOSCF will report the
				details of the inappropriate payment to SOSCF Collections Unit for review. The
				Collections Unit will establish an account receivable and collect from future
				payments or prepare a billing invoice.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.235 - ORS
				  293.245 & ORS
				  293.265
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0230 - Fraud or Willful Deception

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any employee who becomes aware of what appears to be a payment based on
			 incorrect or fraudulent information shall notify his/her supervisor
			 immediately. The worker and supervisor having responsibility for payment will
			 determine whether the payment was based on incorrect information.
(2) If it appears that fraud may be involved,
			 a referral for investigation will be immediately forwarded to the SOSCF
			 Assistant Administrator of Management Operations who will notify the
			 Administrator.
(3) In instances
			 involving potential fraud, it is not appropriate to follow the chain of command
			 since that can interfere with the investigation.
(4) If the investigation of the referral can
			 best be accomplished by an audit, the Assistant Administrator of Management
			 Operations will refer all or part of the investigation to the SOSCF Management
			 Operations Audit Unit.
(5) The
			 client, claimant, or payee shall not be contacted unless directed by Management
			 Operations or a law enforcement agency to do so.
(6) The Audit Unit will begin the
			 investigation immediately. If sufficient documentation establishes fraud,
			 referral will be made to the appropriate agencies.
(7) The Audit Unit investigation is intended
			 to either clear any suspicion of wrongful action or, if needed, result in
			 subsequent referral for recovery of improperly expended funds and possible
			 prosecution.
(8) At all times the
			 civil rights and personal liberties of a person who is suspected of fraudulent
			 activities or willful deception to obtain services or payments will be
			 protected.
(9) When incorrect
			 information has been provided which affects the payment or when a client or
			 provider is unwilling to resolve the incorrect payment problem, the division
			 may terminate services, or terminate the contract. The decision whether to
			 terminate service or the contract will be made by the regional administrator or
			 assistant administrator responsible for the program.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.235 - ORS
				  293.245
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0235 - Referral to Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Chief Financial Officer of the Department of Human Services (DHS) Financial
			 Services Section will be responsible for coordinating the investigation of
			 fraud committed by an agency employee or designated non-state employee who has
			 been entrusted with the custody of funds or property or has been an accomplice
			 to financial fraud.
(2) SOSCF
			 Assistant Administrator of Management Operations will be responsible for
			 coordination of the investigation of fraud committed by an individual or
			 organization external to the agency, such as a client. Examples include
			 fraudulent reporting and eligibility fraud.
(3) Those coordinating the investigation are
			 responsible for notifying the following parties, as appropriate:
(a) The Director of DHS;
(b) DHS Collections Unit (to collect from
			 future payments or prepare invoice for contracted providers);
(c) DHS Communications (to handle all media
			 inquiries);
(d) DHS Human
			 Resources/Organization Development (when SOSCF employees are
			 involved);
(e) DHS Internal Audit
			 Director;
(f) Department of Justice
			 (for administrative recovery);
(g)
			 Department of Justice Medicaid Fraud Unit (for funds established by Title XIX
			 of the Social Security Act);
(h)
			 Oregon State Police (when criminal intent is suspected);
(i) Secretary of State Audits Division
			 (within 30 days of the beginning of the investigation);
(j) Department of Administrative Services
			 Risk Management (within 30 days of the beginning of the
			 investigation).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0240 - Employee Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the responsibility of each employee of the division to be alert to the
			 possibility of incorrect payments.
(2) It is the responsibility of all
			 supervisors to insure that each employee is aware of this responsibility and
			 that proper internal controls are enforced to limit agency risk.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.235 - ORS
				  293.245
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules describe the actions which will be taken by the
				State Office for Services to Children and Families Accounting Services Section
				when "writing off" accounts receivable balances owed to the
				agency.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  293.235 & ORS
				  293.240
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0310 - Criteria for Determining Amounts Owed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Office for Services to Children
			 and Families will follow ORS
			 293.235,
			 293.240 and the criteria
			 established by the Secretary of State and the Attorney General of the State of
			 Oregon for determining and certifying accounts owed as uncollectible.
(2) Accounts to be written off are submitted
			 to the Secretary of State subject to the following requirements:
(a) The debt must exceed $5 plus any interest
			 or penalties thereon;
(b) The
			 agency must ascertain, after appropriate inquiry that the debtor has no money
			 or other assets that can be credited to his obligation;
(c) The agency must determine that one of the
			 determinations listed in OAR 413-310-0320  is applicable to the debt;
(d) The agency will assign the debt to the
			 Department of Revenue upon approval for write-off by the Secretary of
			 State.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0320 - Determinations for Write Off

Current through Register Vol. 63, No. 7, July 1, 2024
One of the following determinations of uncollectibility must
				apply to each debt submitted for write off:
(1) The cost of collection is not
			 economically feasible.
(2) The
			 debtor is dead and his/her estate has no assets from which money could be
			 collected.
(3) The debtor is an
			 inactive or dissolved corporation and there are no assets from which money
			 could be collected.
(4) The debt
			 has been filed and discharged as a result of the debtor's bankruptcy
			 proceeding.
(5) The SOSCF has not
			 been able to locate the debtor or any of the debtor's assets in
			 Oregon.
(6) The SOSCF, after
			 repeated attempts, has been unsuccessful in collecting the amount due.
			 Expenditures for further attempts would not be justified.
(7) The legal adviser to the SOSCF has
			 reported that the debt is legally uncollectible or that collection is not
			 economically feasible.
(8) The
			 SOSCF has obtained judgment liens and has exerted every effort to collect for
			 the past 10 years without significantly reducing the money due.
(9) After assigning the account to the
			 Department of Revenue under ORS
			 293.250, the department has
			 determined the account to be uncollectible or the costs of collection to be
			 economically unfeasible.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  293.235 & ORS
				  293.240
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0350 - Recovery of Overpayments - General

Current through Register Vol. 63, No. 7, July 1, 2024
These rules describe SOSCF's procedures for handling the
				collection of overpayments to contracted providers of child care and treatment
				services, and for granting Administrative Reviews and hearings in contested
				cases. Contested case hearings of SOSCF are conducted in accordance with the
				Attorney General's Model Rules OAR 137-003-0501  and the following, entitled
				"Model Rules of Procedure for Contested Cases"; Hearing Officer Panel
				Rules.
Publication: The publication referenced in this rule is not
				  printed in the OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.250 - ORS
				  293.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0355 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
"Overpayment" is defined for purposes of these rules as a
				payment for child care or treatment services and for related services to a
				family made by SOSCF, on behalf of a client, that either is paid to an
				ineligible provider or that exceeds the amount authorized by terms of the
				contract, SOSCF policies and rules, or law. An overpayment includes payments
				where a service provider is paid:
(1)
			 Beyond an authorization date or contract end date;
(2) In excess of what is
			 authorized;
(3) For services not
			 provided;
(4) For services not
			 meeting policy criteria;
(5) Under
			 circumstances of Erroneous Payments Based on Error or Fraud described in OAR
			 413-310-0200  through 0240.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  293.250 - ORS
				  293.260
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0360 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In instances of
			 overpayment as defined above, SOSCF will initiate action to recover money
			 inappropriately paid out.
(a) When an
			 overpayment is discovered, notice will be sent to the service provider in
			 writing stating that deductions will be made from future payments and that if
			 the provider is no longer receiving payments from SOSCF, the provider is
			 directed to refund the overpayment. The notice will direct the provider to call
			 a specified person(s) in the DHS Accounting Services office at a listed phone
			 number to establish a repayment schedule or to discuss details of the issue,
			 including contesting the SOSCF claim of overpayment.
(b) If the provider is no longer receiving
			 payments from SOSCF, or the overpayment amount is larger than remaining
			 payments, and if satisfactory resolution is not reached through the personal
			 contact described above, a billing process will be initiated.
(c) In the billing process, an invoice along
			 with a letter explaining the circumstances of the overpayment and payment
			 options is sent to the service provider. This letter gives 30 days to make
			 repayment in full, or to request to make mutually agreeable installment
			 payments, or to appeal for a review or hearing as described in paragraphs (3)
			 and (4) below.
(d) If after the 30
			 days, a satisfactory response is not received, SOSCF will send a second notice
			 with a copy of the invoice and explanations, again asking for payment in 30
			 days. If satisfactory response is still not received, SOSCF will send a final
			 notice requesting payment in full by the end of 30 days. The final notice will
			 state that if payment is not received in full by the end of the 30 days, the
			 case will be referred to the Department of Revenue for collection in accordance
			 with ORS 293.250 -
			 293.260, or to a private
			 collection agency.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Stats. Implemented: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Cost of care"
			 means services provided to meet the needs of a child or young adult, which
			 includes, but is not limited to, food, shelter, clothing, medical care,
			 schooling, protection and supervision.
(2) "Child Support Program (CSP)" means the
			 entities responsible for receiving and recording support money paid by an
			 obligor and the transferring of aid money to the proper representative payee.
			 CSP includes both District Attorney offices and the Division of Child Support
			 under the Department of Justice.
(3) "Division of Child Support (DCS)" means
			 the division in the Department of Justice responsible for enforcing the child
			 support obligation of parents.
(4)
			 "Financial Accountings" means a detailed accounting of all money spent by the
			 Department on behalf of a child or young adult and the amount of trust money,
			 by funding source, reimbursed to the Department for these items.
(5) "Financial Application " means an
			 electronic information system process of reducing unreimbursed cost of care
			 balance with a child or young adult's Trust Account Maintenance, interfacing a
			 balanced transaction, which reduces the trust account balance of the child or
			 young adult while also reducing the agency's unreimbursed cost of care
			 expenditures.
(6) "Legal Custody"
			 means:
(a) A person or the Department has
			 legal authority:
(A) To have physical custody
			 and control of a child or young adult;
(B) To supply the child or young adult with
			 food, clothing, shelter and other necessities;
(C) To provide the child or young adult with
			 care, education and discipline; and
(D) To authorize medical, dental,
			 psychiatric, psychological, hygienic or other remedial care or treatment for
			 the child or young adult, and in an emergency, where the safety of the child or
			 young adult appears urgently to require it, to authorize surgery or other
			 extraordinary care.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0420

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Stats. Implemented: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0430 - Maintenance Account

Current through Register Vol. 63, No. 7, July 1, 2024
Moneys intended for the child's cost of care, may be deposited
				in the maintenance account. The maintenance account must reflect the earned
				interest. The SSI benefits must be used to provide a child or young adult with
				current needs such as food, clothing, housing, medical care, and personal
				comfort items, or, for reasonably foreseeable needs. The CBU and the child's or
				young adult teams have the discretion to spend any remaining balances in the
				account according to the current SSA guidelines of using SSI funds.
(1) The ability of Department to save a
			 substantial part of the Supplemental Security Income (SSI) benefit may be an
			 indication that the beneficiary's needs are not being met or that the
			 beneficiary may have income or resources that would affect their eligibility
			 for SSI benefits.
(2) Money
			 deposited in the maintenance account must be segregated by source, including
			 the corresponding interest earned. Money may be received from, but is not
			 limited to an individual, state, federal or private agency and it used to
			 support that child or young adult while in Department custody.
(3) A financial application must be made
			 against the maintenance account for the maintenance costs the Department has
			 expended for that child or young adult. Any balance remaining in the account
			 must be used for current or future costs paid by the Department for that child
			 or young adult. These cost of care expenses include, but are not limited to
			 clothing, school expenses and medical needs not covered by Medicaid.
Statutory/Other Authority: ORS
				  416.820, ORS
				  418.032, ORS
				  419B.400 - 419B.406 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  416.820, ORS
				  418.032 & ORS
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0440 - Special Account

Current through Register Vol. 63, No. 7, July 1, 2024
Money received for a child or young adult that has been
				identified for a specific purpose other than maintenance must be deposited into
				a Special Account.
Statutory/Other Authority: ORS
				  416.820, ORS
				  418.032, ORS
				  419B.400 - 419B.406 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  416.820, ORS
				  418.032 & ORS
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0450

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Stats. Implemented: ORS
				  416.820,
				  418.032 &
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0460 - Obtaining Money on Behalf of a Child or Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Federal Benefits.
(a) The Department must file an application
			 for it to become the Representative Payee on behalf of a child or young adult
			 in the legal custody of the Department. Application for Social Security
			 Administration benefits (SSA), Supplemental Security Income (SSI), Veteran's
			 benefits (VA), Railroad Retirement benefits (RRB), or other similar recurring
			 benefits must be filed with the payor organization on behalf of the Department
			 using the local Child Welfare office as a mailing address.
(b) The Department must remain the
			 Representative Payee for a child or young adult until the Department's custody
			 is dismissed by the courts. A resource parent may not be the payee for a child
			 or young adult benefits while receiving foster care funds to avoid
			 overpayment.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0470 - Use of Money Available for a Child or Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
A child's benefits may be deposited in a Maintenance Account or a Special Account. The type of account determines how the money may be used.
(1) Maintenance Account:
(a) SSI may be deposited in the maintenance account.
(b) Child support may be deposited in the maintenance account.
(c) Money in the maintenance account is available to provide for the current needs of the child or young adult as determined by the Children's Benefit Unit (Representative Payee).
(d) Retroactive Lump Sum Benefits needs to be reduced within nine months from the date of the deposit. The CBU will work with child or young adult's team to determine current or reasonably foreseeable needs. Any remaining benefits must be conserved by using an ABLE account.
(e) An individual's Personal Incidental Funds (PIF) must be transferred into a special account or paid directly to the child or young adult's current resource parent. The PIF must be used for items chosen by the child or young adult or approved by the child's team for the child's benefit. A child's personal spending must not be used to purchase items that are the responsibility of ODHS and the resource parent.
(A) Resource parent must submit all receipts to the agency for any purchase expenditure of PIF made on behalf of the child/young adult that exceed $10.00. The receipts must be submitted within 30 days of the expenditure.
(B) If there are any PIF funds left unused when/or if the child/young adult has moved, the resource parent required return the funds to the agency. The payment should be made by mailing a check to the CBU unit.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0480 - Transfer of Money Between Maintenance and Special Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
Money may be transferred between the maintenance and special
				accounts with appropriate managerial approval.
Statutory/Other Authority: ORS
				  416.820, ORS
				  418.032, ORS
				  419B.400 - 419B.406 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  416.820, ORS
				  418.032 & ORS
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0490 - Financial Accounting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Financial accountings are required on all cases where a client was in a paid
			 placement. This is required even if no money was received into the child's
			 Trust Account from any source during placement with the Department.
(2) Financial records retention, pre-adoptive
			 family or adoption status:
(a) For children in
			 in a pre-adoptive family or whose adoption has been finalized, retain all
			 financial records until the financial accounting has been completed.
(b) When the adoption is finalized, all
			 financial documents must be removed from the record and held in a separate
			 file. This file is to be retained per the Department retention
			 schedule.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0500 - Clearing a Trust Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 child or young adult whose custody from the Department is terminated, the funds
			 available in the Trust Account must be disbursed and the account is
			 inactivated.
(2) Maintenance
			 Account. Where there is any balance in the Maintenance Account, the Department
			 must determine whether the balance represents money received while the child or
			 young adult was in care and whether it should have been used to offset the cost
			 of care.
(3) If a child or young
			 adult has had interim financial accountings prepared, the closing financial
			 accounting will only have to cover the period not covered by the interim
			 accountings.
(4) A child or young
			 adult may request further explanation of application and the final accounting
			 by notifying the Children's Benefit Unit.
Statutory/Other Authority: ORS
				  416.820, ORS
				  418.032, ORS
				  419B.400 - 419B.406 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  416.820, ORS
				  418.032 & ORS
				  419B.400 -
				  419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 310 - FINANCIAL MANAGEMENT › Section 413-310-0510 - Unclaimed Trust Account Balances

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the Uniform Disposition of Unclaimed
				Property Act of l957 (ORS
				98.302-98.436)
				the Department must:
(1) Identify each
			 account which has been "unclaimed" and abandoned two years from the date
			 Department custody was terminated.
(2) Every year from June 30 until November 1,
			 unclaimed Trust Account balances will be cleared and disbursed to the
			 Department of State Lands.
(3) If
			 the notice is returned because the child or young adult has moved leaving no
			 forwarding address or the 30 days has elapsed without a response, the
			 Department must resolve the balance by sending the balance to the Department of
			 State Lands.
Statutory/Other Authority: ORS
				  416.820,
				  ORS
				  418.032,
				  ORS
				  419B.400  - 419B.406 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  416.820,
				  ORS
				  418.032  & ORS
				  419B.400  - 419B.406
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These administrative rules (OAR 413-330-0900  to 413-330-1010)
				describe the use of the system-of-care short-form personal-services contract.
				These rules also describe how approval authority for these contracts is
				delegated to agency managers and supervisors.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 413-330-0900  to 413-330-1010:
(1) "Approval authority" means the authority
			 to approve and execute a contract. OAR 125-020-0220(1) gives the Department of
			 Administrative Services (DAS) approval authority for all state agency
			 contracts. DAS has delegated the approval authority to the Department of Human
			 Services (the Department) for client services contracts (
see
OAR 125-020-0600(1)(a)).
(2)
			 "Child" means an unmarried person under 18 years of age. A person between 18
			 and 21 years of age and in the custody of the Department is also considered a
			 child for purposes of these rules.
(3) "Client" means a child or adult receiving
			 services from the Department.
(4)
			 "Contract authority" means the authority to select a contractor, negotiate a
			 contract, and sign a contract.
(5)
			 "Family member" means a person related to the child.
(6) "Independent contractor" means an
			 individual at least 18 years of age or a business that is an independent
			 contractor as defined in ORS
			 670.600.
(7) "Nontraditional contractor" means an
			 individual at least 18 years of age or a business not currently licensed by the
			 Department as a child-caring agency who has contracted with the Department if
			 the total authorized expenditure of all contracts is less than
			 $8,000.
(8) "Primary care giver"
			 means a person who is responsible for providing care and supervision of a
			 child.
(9) "System-of-care
			 short-form personal-services contract" or "SOC short-form contract" means a
			 class of personal services contracts funded by flexible funds allocated by the
			 Department as part of the Department's system-of-care settlement agreement with
			 the Juvenile Rights Project, Inc., and developed by the Department to provide
			 expedited service delivery to children and families as allowed by these rules.
(10) "System-of-care contractor" or
			 "SOC contractor" means an individual or business that has contracted with the
			 Department and is paid with flexible funds allocated by the Department as part
			 of the Department's system-of-care settlement agreement with the Juvenile
			 Rights Project, Inc.
(11)
			 "System-of-care settlement agreement" means the agreement between the Oregon
			 Department of Human Services and the Juvenile Rights Project, Inc., which
			 includes provisions for the use of flexible funds in meeting the individual
			 needs of children and their families to promote safety, permanency, and well
			 being.
(12) "Traditional
			 contractor" means an individual at least 18 years of age who has exceeded
			 $8,000 in total SOC contracts during the preceding 12 month period, regardless
			 of funding source or purpose; or a business currently licensed by the
			 Department as provided for by OAR 413-220-0000 to
			 413-220-0160.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0920 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department's implementation of its strengths-and-needs-based system-of-care
			 model for delivering client services has placed an increased emphasis on
			 providing the child and the child's primary care giver with the individualized
			 services they need in a timely manner. The client's strengths and needs are
			 collaboratively identified by the following parties:
(a) The child, if appropriate;
(b) The primary care giver;
(c) Members in addition to the primary care
			 giver;
(d) Appropriate employees of
			 the Department;
(e) Other
			 interested parties.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0930 - Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A short-form
			 contract is used by the Department only to contract with a provider who is an
			 independent contractor.
(2) An SOC
			 contractor must be at least 18 years of age.
(3) A contractor for an SOC short-form
			 contract is selected by direct negotiations. The Department negotiates directly
			 with the contractor who is determined to be the best able to provide the
			 services at a reasonable price. No informal or formal contractor selection and
			 solicitation process is required.
(4) A nontraditional contractor is considered
			 a traditional contractor once the total dollar amount of all contracts the
			 individual has with the Department, regardless of funding source or purpose,
			 exceeds $8,000 during a 12-month period. At that point, the insurance and
			 liability coverage requirements increase. A traditional contractor is required
			 to meet all contractual insurance requirements, including the requirement to
			 obtain professional liability insurance, if the contractor must be licensed or
			 accredited to do the contracted work. The 12-month period is measured from the
			 earliest contract effective date to the latest contract end date for all
			 contracts that the nontraditional contractor has with the Department.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0940 - Types of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department uses an SOC short-form contract with a traditional contractor for
			 such services as the following:
(a) Housing
			 and food services -- including housing deposits, utilities, home repairs, food,
			 household necessities, cleaning services, supplies, and equipment.
(b) Transportation -- including
			 transportation for visitation, bus passes, other fares, automobile repair, and
			 reimbursement when the family is transported by a community or family
			 member.
(c) Assessment, testing,
			 and evaluations -- including psychiatric, psychological, psycho-social,
			 behavioral, developmental, medical, or educational services not available
			 through other resources such as other programs operated by the Department or
			 from a school district.
(d)
			 Therapeutic and rehabilitative services -- including family, group, and
			 individual therapy (including drug and alcohol treatment services) not
			 available through other sources, such as from other programs operated by the
			 Department or from family-based service contracts, including intensive family
			 services (IFS), and family sex abuse treatment (FSAT), and parent
			 training.
(e) Skills training and
			 support -- including parent coaching, mentoring, psycho-social skills training
			 and support, shadowing or one-on-one supervision, and support of daily
			 activities, transition support services, sub-care or in-home behavior support
			 or management, and educational services not available through other programs
			 operated by the Department or from a school districts.
(f) Support services for care givers --
			 including time-limited services for parents, foster parents, and relative care
			 takers not provided by other sources.
(g) Well-being and developmental needs --
			 including expenses related to school or recreational activities, such as fees
			 for sports, camps, school trips, music, arts, and other activities, and
			 activities related to a child's traditional or cultural needs or developmental
			 milestones.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0950 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Traditional
			 contractor insurance requirements. The coverage and limits of insurance
			 required for a traditional contractor are specified in the contract. The
			 Department requires a traditional contractor to provide proof that all required
			 insurance is effective and in force before the SOC short-form contract can be
			 executed.
(2) Nontraditional
			 contractor insurance requirements.
(a) If a
			 nontraditional contractor is providing a service that requires transporting the
			 client, the Department requires the nontraditional contractor to provide proof
			 of:
(A) A valid Oregon driver's license;
			 and
(B) Automobile liability
			 coverage that has limits not less than required by ORS
			 806.060. The nontraditional
			 contractor must have automobile insurance in effect during the term of the SOC
			 short-form contracts.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0960 - Dispute Resolution: Short-Form Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a short-form contract is used to
			 contract with a nontraditional contractor, the child's case worker requests
			 that the client sign a "Dispute Resolution Agreement." The client and the
			 Department are parties to the "Dispute Resolution Agreement." The agreement
			 provides a procedure to resolve disputes between the client and the
			 nontraditional contractor. The client is encouraged to participate in
			 good-faith in the dispute resolution process.
(2) The client's signature and participation
			 in the dispute resolution process are voluntary
(3) Dispute resolution between the client and
			 a nontraditional contractor must be conducted in accordance with procedures
			 established by the Department.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 & ORS
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0970 - Criminal History Records Check for SOC Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department has determined that
			 persons who engage in certain criminal conduct may not be qualified to be
			 system-of-care contractors because their criminal conduct is fundamentally
			 inconsistent with having any responsibility for the care, treatment, or
			 supervision of children or other vulnerable persons.
(2) SOC contractors are subject to a
			 criminal-history-records check as described in OAR 413-330-0085  to 413-330-0105
			 (
see
Child Welfare policy "System of Care Short Form
			 Contracts," policy III-D.1.1.2). In the case of a non-traditional contractor,
			 the Department will perform the check. If the SOC contractor is a business with
			 more than one employee, the executive director, or equivalent, of the business
			 is considered the contractor under those rules.
(3) Once the contractor has been approved and
			 the contract has been executed, and prior to services being performed, the
			 contractor must verify that each employee and each volunteer who will have
			 contact with children in the course of their duties has not been convicted of
			 child abuse, an offense against persons, a sexual offense, child neglect, or
			 any other offense bearing a substantial relation to the qualifications,
			 functions, or duties of an employee or volunteer who will have contact with
			 children.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0980 - DHS Abuse and Neglect Information Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To further protect children from abuse
			 and neglect, the Department checks all SOC contractors against the Department's
			 child-abuse and neglect-assessment information.
(2) The Department maintains the
			 confidentiality of client information in accordance with its administrative
			 rules on confidentiality, OAR 413-010-0000  to 413-010-0075.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-0990 - Unauthorized Services

Current through Register Vol. 63, No. 7, July 1, 2024
The state is not obligated to pay for services obtained before
				the contract has been written, approved, and signed by the contractor and a
				representative of the Department who has contract approval authority. A
				Department employee who authorizes a service that requires a contract, prior to
				a contract being fully executed, or obtains a service not covered by a
				contract, may be held personally liable for the cost of the
				service.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  279.727 &
				  279.729
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1000 - Delegation of Short-Form Contract Approval Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority to approve short-form contracts
			 is hereby delegated to the Administrator for Program Performance and
			 Reporting.
(2) The Administrator
			 for Program Performance and Reporting may delegate to a Child Welfare program
			 manager or supervisor representing the SDA or the local office, upon written
			 request, authority to approve SOC short-form contracts. The authority may be
			 granted when the following conditions have been met:
(a) Management staff, including the Child
			 Welfare program manager, line manager or supervisor, office manager or
			 equivalent, and system-of-care resource developer or equivalent have received
			 specific training regarding SOC short-form contract policy and procedure from
			 Program Performance and Reporting staff and staff from the Department's
			 Contracts and Procurement unit.
(b)
			 The Child Welfare program manager has submitted an implementation plan to the
			 Administrator for Program Performance and Reporting or the Administrator's
			 delegate that describes how SOC short-form contracts will be processed at the
			 local field office. The field office implementation plan may be submitted only
			 after the management staff has received the SOC short-form contract
			 training.
(c) Staff from the
			 Program Performance and Reporting program have reviewed the implementation
			 plans to ensure compliance with these administrative rules and sound business
			 and fiscal practices.
(d) The
			 Administrator for Program Performance and Reporting, or the Administrator's
			 delegate, may, with consent of the Department's Office of Contracts and
			 Procurement, delegate authority to approve SOC short-form contracts to a Child
			 Welfare program manager or supervisor. The Administrator or the Administrator's
			 delegate may delegate short-form contract approval authority only after the
			 field office management staff has received training and the implementation plan
			 has been approved. Once authority has been delegated, the Child Welfare program
			 manager or supervisor is responsible for the proper processing and use of the
			 SOC short-form contract. Except as authorized in OAR 413-330-1010, a Child
			 Welfare program manager or supervisor cannot further delegate approval
			 authority or contract responsibilities.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1010 - Responsibilities of Child Welfare Program Managers and Supervisors with Delegated Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Child
			 Welfare program manager or supervisor with delegated approval authority is
			 responsible for the following duties relating to SOC short-form contracts. The
			 responsibility for the duties may or may not be further delegated by either as
			 follows:
(a) A Child Welfare program manager
			 or supervisor may delegate the duty:
(A) To
			 determine whether a contractor is an independent contractor.
(B) To determine whether a contractor is a
			 traditional or nontraditional SOC contractor.
(C) To determine whether a contractor has the
			 required insurance.
(D) To
			 negotiate the following contract conditions:
(i) Services;
(ii) Outcomes;
(iii) Contract begin date;
(iv) Contract end date;
(v) Contract payment rate and number of
			 services units.
(E) To
			 monitor and act as the Department's contract administrator for the SOC
			 short-form contract.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This administrative rule set (413-330-1100  through
				413-330-1150) describes the use of short-form personal-services contracts
				funded by the Focused Opportunities for Children Utilizing Services (FOCUS)
				budget within the Department's Treatment Services Program. This rule set also
				describes how approval authority for these contracts is delegated to the
				Department's managers and supervisors.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1110 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department's prioritization of preventative and community-based services has
			 placed an increased emphasis on providing the children and young adults and
			 their caregivers with community based, culturally specific and individualized
			 services in a timely manner. These services are often necessary to safely
			 maintain the child or young adult within or return the child or young adult to
			 the home of a parent or family member or to stabilize the child or young adult
			 in lower levels of Resource Care. The child or young adult's needs may be most
			 appropriately met by a nontraditional contractor, who is often known to the
			 child or young adult or their family.
(2) In cases where a nontraditional
			 contractor is being requested, the child or young adult's caseworker is
			 responsible for documenting the child or young adult's strengths and needs,
			 which should be collaboratively identified by the following parties:
(a) The child or young adult, if appropriate;
(b) The primary caregiver;
(c) Parent(s)/Members of the child
			 or young adult's family;
(d)
			 Household members in addition to the primary caregiver;
(e) Teachers/Other service providers, such as
			 medical professionals and therapists;
(f) Employees of the Department who have
			 knowledge of the child or young adult; and
(g) Other interested individuals as
			 identified by the child or young adult or their guardian.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1115 - Services

Current through Register Vol. 63, No. 7, July 1, 2024
The statements of work included in the FOCUS short-form
				contracts are written to describe the agreed- upon services to be provided and
				approved in advance by the ODHS Designated Procurement Officer as part of the
				FOCUS Short Form contract template. The Department uses a FOCUS short-form
				contract with a nontraditional contractor for such services as the following:
(1) Youth mentoring: Individualized
			 services provided by contractor in an effort to increase problem solving,
			 communication, relationship, and community skills of the child or young
			 adult.
(2) Tutoring and study
			 skills: Individualized supports provided by an individual trained in either
			 core or specific academic curriculum to offer educational assistance to the
			 child or young adult outside of the child or young adult's primary academic
			 setting or to assist them in virtual learning.
(3) Child specific caregiver supports:
			 Individualized and dynamic services provided to a child or young adult's
			 current or potential caregiver in an effort to facilitate, maintain, and
			 support the placement when that child or young adult has been identified by the
			 Department as high risk of placement disruption or instability.
(4) Skills training: Individualized planned
			 individual or group sessions using models designed to improve specific areas of
			 the child or young adult's functioning. Assisting the child or young adult in
			 developing skills necessary to be safely maintained in the community and that
			 can eventually be maintained without the need of the skills trainer.
(5) Respite care
:
Provide
			 planned and crisis respite as needed to help maintain placement. The contractor
			 must provide supports for behavioral, medical and social needs during the
			 respite period. Must not be used for longer than 14 consecutive days.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060