reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0023 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007, &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0025 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0027 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007, &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0030 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0080 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0090 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0105 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007, &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0120 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0140 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007, &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050, &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0180 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0200 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR chapter 411, division 305 prescribe standards, responsibilities,
			 and procedures for Community Developmental Disabilities Programs to partner
			 with families and other community-based networks in the coordination of
			 supports and services to:
(a) Maximize
			 independence and increase the ability of a child to engage in a life that is
			 fully integrated into the community;
(b) Increase the ability of a family to care
			 for their child in the family home; and
(c) Strengthen the role of the family as the
			 primary caregiver.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0205 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				305. In addition to the definitions in OAR
				411-317-0000, the following
				definitions apply specifically to the rules in OAR chapter 411, division 305.
				If the same word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "CDDP" means
			 "Community Developmental Disabilities Program".
(2) "Child and Family-Centered Planning":
(a) Means a timely process, formal or
			 informal, that includes persons chosen by the child (as age appropriate) and
			 the parent or legal representative to ensure informed choices and decisions
			 made for supports and services are consistent with
			 42 CFR
			 441.540.
(b) The process includes gathering and
			 organizing information to reflect what is important to and for the child and
			 the family and to help:
(A) Determine and
			 describe choices about the goals, desired outcomes, activities, providers,
			 service settings, risks, and preferences of the child;
(B) Design strategies and networks of support
			 to achieve goals and desired outcomes using the strengths, relationships, and
			 resources of the child and family; and
(C) Identify, use, and strengthen naturally
			 occurring opportunities for support at home and in the community.
(c) The methods for gathering
			 information vary, but all are consistent with the cultural considerations,
			 needs, and preferences of the child and the family.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0210 - Program Administration and Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) FAMILY LEADERSHIP. The CDDP may appoint a
			 Family Support Policy Oversight Group to advise and assist the CDDP in matters
			 related to family support services such as evaluating the effectiveness of
			 family support services, evaluating family satisfaction with family support
			 services, improving availability of resources to meet the support needs, and
			 developing the plan for managing family support funds required by OAR
			 411-305-0230. When the CDDP
			 elects to appoint a Family Support Oversight Group, the CDDP must develop and
			 have available for review brief written descriptions of the purpose and scope
			 of the Group, how membership is determined, and what process is used to resolve
			 concerns or disagreements between the CDDP and the Group.
(2) PROGRAM MANAGEMENT. The CDDP must ensure
			 the provision of family support services are in accordance with the program
			 management and responsibilities described in OAR
			 411-320-0030 and
			 411-320-0040.
(3) SERVICE RECORDS. In addition to the
			 service record requirements described in OAR
			 411-320-0070, the CDDP must
			 maintain the following documentation specific to family support services:
(a) The date a child is enrolled in the
			 family support program for case management only.
(b) The date when a child is referred to
			 other programs and services, if family support funds are not available.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0215 - Required Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the assistance provided by a CDDP as described in OAR
			 411-415-0080, the CDDP must
			 provide or arrange for the following services to support all children enrolled
			 in family support services:
(a) ACCESS TO
			 FAMILY SUPPORT FUNDING. The CDDP must assist families and children to access
			 family support funds when available.
(b) CASE MANAGEMENT. The CDDP must provide
			 case management services in accordance with the standards described in OAR
			 411-415-0050.
(c) SUPPORT NEEDS ASSESSMENT. The CDDP must
			 assist a family to determine the support needs of their child and to assist the
			 family to care for the child in the family home and community.
(A) An assessment for family support services
			 must be conducted as described in OAR
			 411-305-0225 when a child:
(i) Is enrolled in developmental disabilities
			 services as described in OAR
			 411-305-0220 and is only
			 accessing family support services, including case management only;
(ii) Enters case management services as
			 described in OAR 411-415-0030; and
(iii) Is not expected to have a functional
			 needs assessment, as described in OAR
			 411-415-0060, to access other
			 ODDS-funded services.
(B) Assessments used to determine required
			 supports and services, preferences, and resources, may include documentation of
			 an eligibility determination for developmental disabilities services as
			 described in OAR 411-320-0080, including
			 evaluations and plans available from other service systems.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0220 - Eligibility, Enrollment, and Exit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 NON-DISCRIMINATION. Children determined eligible according to section (2) of
			 this rule may not be denied family support services or otherwise discriminated
			 against on the basis of age, diagnostic or disability category, race, color,
			 creed, national origin, citizenship, income, or duration of Oregon residence.
(2) ELIGIBILITY. To be eligible
			 for family support services, a child must:
(a) Be under the age of 18;
(b) Be determined eligible for developmental
			 disabilities services by the CDDP and enrolled into case management services;
(c) Reside in the family home; and
(d) Not receive other ODDS-funded
			 services, other than State Plan personal care services as described in OAR
			 chapter 411, division 034, or adoption or guardianship assistance through Child
			 Welfare.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0225 - Needs Assessment and Service Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CDDP must provide or arrange for an
			 annual child and family-centered planning process within 90 days of enrollment
			 and annually thereafter as long as the child is enrolled in family support
			 services. The initial annual meeting must be face-to-face. Follow-up contacts
			 to complete the Annual Plan may be made by telephone or by other interactive
			 methods if the child or their parent or legal representative agrees.
(2) NEEDS ASSESSMENT. The CDDP must determine
			 and document the support needs of a child and family using a Department
			 approved form which may include the functional needs assessment, in addition to
			 other person-centered planning tools.
(3) ANNUAL PLAN. The CDDP, the child (as age
			 appropriate), and the family must develop a written Annual Plan as a result of
			 the annual planning process. The Annual Plan must be conducted on a Department
			 approved form, which may include using an ISP in place of an Annual Plan.
(a) When using the ISP, accompanying
			 documents used to develop the ISP and any supporting documents (as applicable)
			 must also be used.
(b) The Annual
			 Plan and records supporting development of the Annual Plan must include
			 evidence of the following:
(A) Family
			 members, the child (as age appropriate), and others of the family or legal
			 representative's choosing have participated in the planning process.
(B) Family support funds are used only to
			 purchase supports or services tied to identified outcomes and necessary for the
			 child to be supported in the family home.
(C) A services coordinator has assessed the
			 availability of other public, private, formal, and informal resources for
			 providing supports and services to the child and family before using family
			 support funds.
(D) The services
			 coordinator is working with the family to develop new resources whenever
			 possible.
(E) Identification of
			 risks, including risk of serious neglect, intimidation, and exploitation.
(F) Informed decisions by the
			 parent or legal representative regarding the nature of supports and services or
			 other steps taken to address any identified risks.
(G) Education and support for the child and
			 the family to recognize and report abuse.
(c) The CDDP may not commit family support
			 funds through the Annual Plan beyond the period for which family support funds
			 have been allocated to the CDDP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0230 - Managing Family Support Funds and Conditions of Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CDDP must
			 develop and implement a written plan for managing access to family support
			 funds using forms and procedures prescribed by the Department that includes,
			 but is not limited to the following:
(a) The
			 number of children anticipated to receive family support funding each year.
(b) The plan for prioritization
			 and aim to serve more children with allocated funds.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0235 - Supports and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Family
			 support funds may be used to purchase a combination of the following supports
			 and services:
(a) ASSISTIVE DEVICES.
			 Assistive devices must be authorized in accordance with OAR
			 411-435-0050 and may not exceed
			 the maximum limit established annually per child as described in OAR
			 411-305-0230.
(b) ASSISTIVE TECHNOLOGY. Assistive
			 technology must be authorized in accordance with OAR
			 411-435-0050 and may not exceed
			 the maximum limit established annually per child as described in OAR
			 411-305-0230.
(c) ATTENDANT CARE. Attendant care must be
			 delivered in accordance with OAR
			 411-450-0060.
(d) COMMUNITY INCLUSION. Community inclusion
			 must be authorized in accordance with section (2) of this rule.
(e) COMMUNITY TRANSPORTATION. Community
			 transportation must be authorized in accordance with OAR
			 411-435-0050 and may not exceed
			 the maximum limit established annually per child as described in OAR
			 411-305-0230.
(f) ENVIRONMENTAL MODIFICATIONS.
			 Environmental modifications must be authorized in accordance with OAR
			 411-435-0050 and may not exceed
			 the maximum limit established annually per child as described in OAR
			 411-305-0230.
(g) ENVIRONMENTAL SAFETY MODIFICATIONS.
			 Environmental safety modifications must be authorized in accordance with OAR
			 411-435-0060(3)(b) through
			 (q) and may not exceed the maximum limit
			 established annually per child as described in OAR
			 411-305-0230.
(h) FAMILY TRAINING. Family training must be
			 authorized in accordance with OAR
			 411-435-0060(2)(b) through
			 (d).
(i) PROFESSIONAL BEHAVIOR SERVICES.
			 Professional behavior services must be delivered in accordance with OAR chapter
			 411, division 304.
(j) RESPITE.
			 Respite must be authorized in accordance with section (3) of this
			 rule.
(k) SKILLS TRAINING. Skills
			 training must be authorized in accordance with OAR
			 411-450-0060.
(l) SPECIALIZED MEDICAL SUPPLIES. Specialized
			 medical supplies must be authorized in accordance with OAR
			 411-435-0060, except for the
			 general eligibility criteria in OAR
			 411-435-0030.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0240 - Standards for Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Independent providers, provider agencies, and general business providers paid
			 with family support funds must be qualified as provider types as described in
			 OAR 411-450-0070, excluding adult
			 foster home providers.
(2)
			 Provider agencies paid with family support funds must meet the standards
			 described in OAR 411-450-0080.
(3) Provider agencies for respite and
			 community inclusion may also be licensed under ORS
			 446.330.
Stat. Auth.: ORS
				  409.050,
				  417.346,
				  427.104,
				  430.662
Stats. Implemented: ORS
				  417.340-417.344,
				  417.346-417.350,
				  427.005,
				  427.007,
				  427.104,
				  430.610,
				  430.620,
				  430.662-430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.620
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0120 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0135 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 308 - IN-HOME SUPPORT FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES (Repealed) › Section 411-308-0150 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662 -
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to:
(1) Prescribe the operational procedures for
			 the Developmental Disabilities Community Housing Program and the Community
			 Housing Fund; and
(2) Implement and
			 describe the acquisition, construction, rehabilitation, maintenance, and
			 disposal of Community Housing established under the authority of ORS
			 427.330 to
			 427.345.
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0030 - Development Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 Projects. Eligible development projects will be approved by the Department and
			 must meet one or more of the following criteria:
(a) Be initiated by the Department to fulfill
			 an identified housing need for individuals whose services are licensed and
			 funded by the Department;
(b) Be
			 required by implementation of new services for individuals eligible for funding
			 by the Department;
(c) Be
			 identified by the Department as necessary for the health and safety of a child
			 or an adult with developmental disabilities whose services are funded by the
			 Department;
(d) To provide housing
			 adaptations as part of a plan to develop or change services for an
			 individual(s) requiring an immediate change in living circumstances due to a
			 change in Care Providers or service needs; or
(e) Be requested by an individual, family
			 member, Care Provider, or Housing Provider to fulfill identified housing needs
			 that are necessary for the health, welfare, and safety of an individual, or to
			 enable an individual to function with greater independence in the
			 home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0040 - Minor Housing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Minor housing projects or equipment, costing less than $10,000, may be
			 requested by Care Providers, Housing Providers or initiated by the Department
			 to address a housing need of individuals receiving services approved and funded
			 by the Department.
(2) The
			 Department may procure services from qualified not-for-profit Housing Providers
			 that have successfully responded to a Request for Proposals. These Housing
			 Providers will manage Minor Housing Projects as described in contracts with the
			 Department.
(3) The Department may
			 procure services from pre-qualified building or specialty Contractors (pursuant
			 to ORS 279.039 through
			 279.045) licensed by the
			 Construction Contractors Board or the Landscape Contractors Board as described
			 in OAR 411-310-0030(3)(b).
(4) The Department may procure personal
			 services from Care Providers, Housing Providers or Contractors directly through
			 negotiation when the contract price, including Change Orders, is not more than
			 $5,000.
(5) Project Approval. Minor
			 Housing Projects will be approved by the Department on the basis of a Contract
			 Work Order that identifies the project address, approved Contractor, Scope of
			 Work, Specifications, itemized budget, completion date, person responsible for
			 project inspection, and payment method.
(6) State's Financial Interest. When the
			 total cost of equipment or a housing adaptation, including change orders, is
			 greater than $5,000, the Department may secure the interest of the State by
			 appropriate means, including, but not limited to, Mortgages, Trust Deeds and
			 promissory notes. Security agreements will be executed prior to the beginning
			 of construction.
(7) The Department
			 may expend funds for Minor Housing Projects or equipment through any legal
			 payment mechanism. The Department will expend funds only on the basis of
			 requests that include invoices for work, materials or equipment.
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0050 - Maintenance of Qualified Properties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Qualification. The following projects
			 qualify for funding of maintenance and repair:
(a) The Department may pay for maintenance
			 and repair of qualified homes in order to preserve and maintain the benefit of
			 housing assets in which the State has a financial interest. Qualified homes are
			 residences that were constructed or retrofitted for individuals leaving
			 Fairview Training Center as part of the Community Integration Project (CIP), in
			 which individuals with developmental disabilities live and receive licensed
			 services, and which were financed by State of Oregon General Obligation Bonds;
			 and
(b) The Assistant Director of
			 the Department, may designate other homes to be included in the maintenance and
			 repair program if they meet all the following criteria:
(A) Significant expenditure of State
			 funds;
(B) Specialized features for
			 individuals with developmental disabilities; and
(C) State control of the property through
			 State ownership or through security agreements for a minimum of 30
			 years.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0060 - Developmental Disability Housing Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Composition of the Fund. There will be a
			 Developmental Disabilities Community Housing Fund established with the State
			 Treasury. The Fund will be comprised of the following components:
(a) Housing development account;
(b) Property management account;
(c) Debt service account; and
(d) Community Housing Trust
			 Account.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 310 - DEVELOPMENTAL DISABILITIES COMMUNITY HOUSING › Section 411-310-0070 - Surplus Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Surplus real
			 property, personal property, or equipment owned or controlled by the Department
			 may be sold or ownership transferred to individuals, Care Providers (including
			 families), not-for-profit Housing Providers, or government entities for the
			 purpose of increasing the quality and quantity of Community Housing for
			 individuals with developmental disabilities. Methods of distribution include
			 but are not limited to:
(a) Fixed price real
			 estate sale;
(b) Sealed bid
			 sales;
(c) Transfer of ownership;
			 or
(d) Public auction.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 315 - DEVELOPMENTAL DISABILITIES HOUSING TRUST ACCOUNT (REPEALED) › Section 411-315-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  427.330 -
				  427.345
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 317 - GENERAL DEFINITIONS AND ACRONYMS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-317-0000 - General Definitions and Acronyms for Developmental Disabilities Services

Current through Register Vol. 63, No. 7, July 1, 2024
This rule, OAR
				411-317-0000, defines words and
				terms frequently used to describe developmental disabilities services. These
				definitions apply to all rules in OAR chapter 411, divisions 300 to 455, unless
				the context indicates otherwise.
(1)
			 "1915(c) Waiver" includes the following:
(a)
			 Adults' Home and Community-Based Services Waiver.
(b) Children's Home and Community-Based
			 Services Waiver.
(c) ICF/ID
			 Behavioral Model Waiver.
(d)
			 Children's Extraordinary Needs Waiver.
(e) Medically Fragile Model Waiver.
(f) Medically Involved Children's
			 Waiver.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 317 - GENERAL DEFINITIONS AND ACRONYMS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-317-0000 - General Definitions and Acronyms for Developmental Disabilities Services

Current through Register Vol. 63, No. 7, July 1, 2024
This rule, OAR
				411-317-0000, defines words and
				terms frequently used to describe developmental disabilities services. These
				definitions apply to all rules in OAR chapter 411, divisions 300 to 455, unless
				the context indicates otherwise.
(1)
			 "24-Hour Residential Program" means the distinct method for the delivery of
			 home and community-based services in a 24-hour residential setting by a
			 provider certified and endorsed under the rules in OAR chapter 411, division
			 323.
(2) "24-Hour Residential
			 Setting" means a residential home, apartment, or duplex licensed by the
			 Department under ORS 443.410 in which home and
			 community-based services are provided to individuals with intellectual or
			 developmental disabilities. A 24-hour residential setting is considered a
			 provider owned, controlled, or operated residential setting.
(3) "Abuse" means:
(a) "Abuse" as it applies to a "child" as
			 those terms are defined in ORS
			 419B.005.
(b) "Abuse" as it applies to a "child in
			 care" as those terms are defined in ORS
			 418.257.
(c) "Abuse" as it applies to an "adult" as
			 those terms are defined in ORS
			 430.735.
(d) "Abuse" as it applies to an "elderly
			 person" or a "person with a disability" as those terms are defined in ORS
			 124.005.
(e) "Abuse" as defined in ORS
			 441.630 as it applies to a
			 resident of a "long-term care facility" as defined in ORS
			 442.015.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-318-0000 - Statement of Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The rules in OAR chapter 411, division 318 prescribe:
(a) The rights of individuals receiving
			 developmental disabilities services;
(b) The process for reporting and
			 investigating a complaint regarding dissatisfaction with a developmental
			 disabilities service or provider;
(c) The requirements for notification in the
			 event a developmental disabilities service is denied, reduced, suspended, or
			 terminated and the contested case hearing process for challenging a denial,
			 reduction, suspension, or termination of a developmental disabilities service;
			 and
(d) The contested case hearing
			 process for challenging an involuntary reduction, transfer, or exit.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-318-0015 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department and local programs must
			 address all complaints in accordance with their policies and procedures and
			 these rules.
(2) Department staff
			 and program staff addressing or reviewing a complaint may not have a conflict
			 of interest with the complaint or the complainant.
(3) A complaint related to a developmental
			 disabilities service or provider may be filed at any time.
(4) A complaint may include, but is not
			 limited to:
(a) An expression of
			 dissatisfaction with a developmental disabilities service or provider. For
			 example:
(A) The person-centered planning
			 process, including but not limited to people chosen by an individual or an
			 individual's ability to make informed, timely choices.
(B) Service planning as described in OAR
			 411-415-0070, including but not
			 limited to an individual's choice of providers or additional services meeting
			 an individual's needs, such as protocols, Positive Behavior Support Plans,
			 Career Development Plans, etc.
(C)
			 Home and community-based services as defined in OAR
			 411-317-0000, including but not
			 limited to an individual's ability to choose their home, desired room
			 decorations, food preferences, and transportation.
(D) Employment services, including but not
			 limited to the choice of being employed, the choice to not be employed, or
			 employment opportunities.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-318-0025 - Contested Case Hearings for Reductions, Suspensions, Terminations, or Denials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 or an individual's representative may request a hearing, as provided in ORS
			 chapter 183, if the individual experiences a denial, reduction, suspension, or
			 termination of a developmental disabilities service, or in instances when a
			 timely Notification of Planned Action has not been provided.
(2) HEARING REQUESTS.
(a) A request for a hearing must be made
			 within 90 calendar days from the date on a Notification of Planned
			 Action.
(b) The request for a
			 hearing may be made orally, in writing, or by completing the DD Administrative
			 Hearing Request (form 0443DD).
(A) ORAL
			 HEARING REQUESTS.
(i) An individual or the
			 representative of an individual may orally express a desire for a hearing to
			 the local program or Department staff.
(ii) Upon receipt of an oral request for a
			 hearing, the local program or Department staff must complete the DD
			 Administrative Hearing Request and submit the form and a copy of the
			 Notification of Planned Action, if applicable, to eXPRS no later than one
			 business day of receiving the request for a hearing. A copy of the DD
			 Administrative Hearing Request must be provided to the individual and the
			 individual's representative.
(B) WRITTEN HEARING REQUESTS.
(i) An individual or an individual's
			 representative may provide a written request for a hearing to the local program
			 or Department staff.
(ii) Upon
			 receipt of a written request for a hearing, the local program or Department
			 staff must complete the DD Administrative Hearing Request and submit the form
			 and a copy of the Notification of Planned Action, if applicable, to eXPRS no
			 later than one business day of receiving the request for a hearing. A copy of
			 the DD Administrative Hearing Request must be provided to the individual and
			 the individual's representative.
(c) The Department processes late hearing
			 requests as described in OAR
			 411-001-0520.