reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0130 - Licensing Umbrella Rules: Privacy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
child-caring agency
must have and adhere to a written policy
			 that addresses protection of the privacy of children and families the
child-caring agency
serves or has served.
(2) Except as provided in section (4) of this
			 rule, a
child-caring
agency
may not disclose
			 any identifying information of a
child in care
, including a
			 picture, audio, or video recording, without first obtaining the written consent
			 from the child's parents or legal guardians.
(3) A
child-caring agency
must ensure the privacy of all information that identifies a
child in
			 care
or
family
the
child-caring
			 agency
serves. A
child-caring agency
may not disclose
			 such information without proper written consent or as otherwise allowed by
			 law.
(4) A person making a report
			 of abuse as required in ORS
			 418.258 and
			 419B.010 may include references
			 to otherwise confidential information for the sole purpose of making the
			 report.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 - 418.327 &
				  418.526
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0140 - Licensing Umbrella Rules: Records and Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
With respect to the records on children in care and families a
				child-caring agency serves and to other records maintained by a child-caring
				agency, the child-caring agency must meet all of the following
				requirements:
(1) The child-caring
			 agency must accurately prepare and safely store its records, including any
			 audio recordings, video recordings, and photographs and ensure the records are
			 readily available for inspection by the Department.
(2) All written or electronic entries in
			 records required by the rules in OAR chapter 419, division 400 must be
			 permanent, legible, dated, and signed by the person making the entry.
(3) Records must be uniform in organization,
			 readily identifiable and accessible, current and complete, and contain all of
			 the information required of the child-caring agency by the rules in OAR chapter
			 419, division 400.
(4) Records must
			 be corrected, when necessary, by the use of a single line drawn through the
			 incorrect information, the addition of the correct information, a notation of
			 the date the correction is made, and the initials of the person making the
			 correction. No "white out," eraser tape, or other means of eradicating
			 information may be used to make a change to a record.
(5) Fiscal records must be kept that are
			 accurately prepared and properly reflect all direct and indirect revenues and
			 expenditures for the operation and maintenance of the child-caring
			 agency.
(6) The child-caring agency
			 must keep reports of all inspections of the child-caring agency and its
			 facilities for not less than five years after an inspection.
(7) The child-caring agency must maintain a
			 permanent registry of each child in care the child-caring agency serves. The
			 registry must include the child in care's name, gender, and birth date; the
			 names and addresses of his or her parents or guardians; the dates of admission;
			 and the placement upon discharge.
(8) If a child-caring agency changes
			 ownership or executive or program director, all records of the children in care
			 and families served by the child-caring agency must remain in a facility
			 operated by the child-caring agency.
(9) Prior to the dissolution of a
			 child-caring agency, the executive or program director must inform, in writing,
			 a Department licensing coordinator of the location and storage of records
			 regarding current or prior children in care.
Statutory/Other Authority: ORS
				  418.240, ORS
				  418.005, ORS
				  409.050 & 418.526
Statutes/Other Implemented: ORS
				  418.205 - 418.327 &
				  418.526
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0145 - Licensing Umbrella Rules: Installation and Use of Video Equipment Used to Monitor or Record Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 child-caring agency installs video equipment to monitor or record a child in
			 care, all employees, volunteers, parents or guardians, and children in care
			 must be informed about the intended use and locations of the
			 equipment.
(2) If a child-caring
			 agency installs video equipment to monitor or record a child in care, the
			 child-caring agency must have policies and procedures regarding the use,
			 access, and storage of the video live monitoring or recordings. The policies
			 and procedures must meet the requirements of OAR 419-400-0180(12)(b)  and
			 include, but are not limited to, the following:
(a) How privacy is ensured and meets the
			 requirements of OAR 419-400-0130;
(b) Who may view the live
			 monitoring;
(c) Who may view the
			 recordings;
(d) When the recording
			 is to be considered part of a specific child in care's record and how it will
			 be maintained with the rest of the child in care's record;
(e) How long the recording will be maintained
			 by the child-caring agency;
(f)
			 When the live monitoring or recording may be viewed and for what
			 purpose;
(g) Where the live
			 monitoring or recording may be viewed;
(h) How the live monitoring or recording may
			 be accessed; and
(i) How staff will
			 be trained on the use of the video equipment used to monitor or record a child
			 in care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0150 - Licensing Umbrella Rules: Discipline, Behavior Management and Training, and Suicide Prevention (Excluding Adoption Agencies)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child-caring agency, except a
			 child-caring agency licensed only to provide adoption services under OAR
			 419-420-0010  to 419-420-0160, must adopt and adhere to written policies and
			 procedures on discipline, behavior management, and suicide prevention that meet
			 all of the requirements of this rule.
(a)
			 Copies of the policies and procedures must be provided to the Department as
			 provided in OAR 419-400-0210  and any time policies are adopted or
			 amended.
(b) The discipline and
			 behavior management policies and procedures must prohibit the following:
(A) Spanking, hitting, or striking with an
			 instrument.
(B) Committing an act
			 designed to humiliate, ridicule, or degrade a child in care or undermine the
			 self-respect of a child in care.
(C) Punishing a child in care in the presence
			 of a group or punishment of a group for the behavior of one child in
			 care.
(D) Depriving a child in care
			 of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental
			 contact.
(E) Assigning extremely
			 strenuous exercise or work or requiring a child in care to spend prolonged time
			 in one position likely to produce unreasonable discomfort.
(F) Using restraint or involuntary seclusion
			 as discipline.
(G) Permitting or
			 directing a child in care to punish another child in care.
(H) Using any other kind of harsh
			 punishment.
(I) Denying a parent,
			 guardian, or sibling the right to visit or communicate with a child in care
			 solely as a disciplinary measure against the child in care.
(J) Aversive conditions, which includes, but
			 is not limited to, any technique designed to or likely to cause a child
			 physical pain, the application of startling stimuli, and the release of noxious
			 stimuli or toxic sprays, mists, or substances in proximity to the child in
			 care.
(K) Removing or limiting the
			 use of a mobility aid or other assistive device for the purpose of controlling
			 a child in care's behavior.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0160 - Licensing Umbrella Rules: Crisis Intervention Training Standards and Certification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only child-caring agency staff and proctor foster parents who have been trained
			 and are certified in the use of a crisis-intervention system approved by
the Department
consistent with OAR 419-400-0160  thru OAR
			 419-400-0180  may use restraint or involuntary seclusion and only when necessary
			 as a last resort to prevent a child in care from inflicting harm to self or
			 others.
(2) Any use of restraint or
			 involuntary seclusion must be conducted within the parameters of the approved
			 crisis-intervention system in which the child-caring agency staff or proctor
			 foster parent is trained and must meet the requirements and provisions
			 described in OAR 419-400-0160  thru OAR 419-400-0180.
(3) Any child-caring agency staff or proctor
			 foster parent utilizing restraint or involuntary seclusion must be trained on
			 the type of restraint or involuntary seclusion used, and the restraint or
			 involuntary seclusion must be within the parameters of the approved crisis
			 intervention system in which the staff or proctor foster parent is trained and
			 must be consistent with OAR 419-400-0180.
(4) Certification requirements. In addition
			 to the requirements identified in 419-400-0160(2)  any child-caring agency staff
			 or proctor foster parent utilizing restraint or involuntary seclusion must:
(a) Complete a minimum of 12 hours of initial
			 training in person from an instructor certified as described in OAR
			 419-400-0170(4), including but not limited to a minimum of six hours of
			 training focused on positive behavior support, nonviolent crisis intervention
			 and other methods of nonphysical intervention to support
children in
			 care
during a crisis;
(b)
			 Receive continuing education from a certified instructor as described in OAR
			 419-400-0170(4)  on an annual basis;
(c) Demonstrate a mastery of the crisis
			 intervention system both in writing and by physical competency before receiving
			 a certification;
(d) Receive a
			 certificate that states:
(A) The dates during
			 which the certification is current;
(B) The type of restraint which the
			 individual is certified to perform if applicable;
(C) The type of training the individual is
			 certified to conduct if applicable;
(D) Any special endorsements earned by the
			 individual;
(E) The level of
			 training; and
(F) The name of the
			 certified instructor who conducted the training and administered the assessment
			 of proficiency.
(e) A
			 certification issued under 419-400-0160:
(A)
			 Must be personal to the individual certified by the training
			 provider;
(B) May be valid for no
			 more than two years with recertification; and
(C) Must require additional training to renew
			 the certification.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0170 - Licensing Umbrella Rules: Standards For Approved Crisis Intervention Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
will designate no fewer than two but no more than
			 three providers of crisis intervention training systems consistent with
			 requirements outlined in OAR 419-400-0160  and 419-400-0180.
(2) Approved training systems must meet the
			 following requirements:
(a) Be compliant with
			 all applicable federal and state regulations;
(b) Include training on crisis
			 de-escalation;
(c) Require the
			 teaching of techniques for nonviolent crisis intervention that do not require
			 restraining;
(d) Offer
			 certification in skills training that do not include the use of
			 restraint;
(e) Be portable between
			 different
child-caring agencies
;
(f) Have a process by which instructors of
			 the training system are certified;
(g) Ensure fidelity of the training system
			 through the publication of consistent training materials and resources for
			 certified instructors and certified participants;
(h) Provide regular, ongoing support to
			 certified instructors, including quality control, monitoring of outcomes and
			 provision of information regarding networks for professional collaboration and
			 support; and
(i) Inform the
Department
of any edits to the curriculum and review to ensure
			 curriculum continues to be in compliance with all applicable federal and state
			 law.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0180 - Licensing Umbrella Rules: Restraints and Involuntary Seclusion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child-caring agency may only place
			 child in care in a restraint or involuntary seclusion if the child in care's
			 behavior poses a reasonable risk of imminent serious bodily injury to the child
			 in care or others and less restrictive interventions would not effectively
			 reduce the risk.
(2) A child-caring
			 agency may not place a child in care in a restraint or involuntary seclusion as
			 a form of discipline, punishment, or retaliation or for the convenience of
			 staff, contractors or volunteers of the child-caring agency.
(3) If the child-caring agency utilizes
			 restraints or involuntary seclusion as part of its practices, its use of
			 restraints and involuntary seclusion must be in compliance with all applicable
			 federal and state laws, regulations and rules.
(4) A child in care placed in a restraint or
			 involuntary seclusion must be continuously monitored by staff of the
			 child-caring agency for the duration of the restraint or involuntary
			 seclusion.
(5) Any restraint or
			 involuntary seclusion used on a child in care must be performed in a manner
			 that is safe, proportionate and appropriate, taking into consideration the
			 child in care's chronological and developmental age, size, gender identity,
			 physical, medical and psychiatric condition and personal history, including any
			 history of physical or sexual abuse.
(6) The removal or limitation of the use of a
			 mobility aid or other assistive device in a restraint is prohibited unless
			 there is a risk of imminent serious bodily injury and less restrictive
			 interventions would not effectively reduce the risk.
(7) Removing or limiting the use of a
			 mobility aid or other assistive device for the purpose of controlling a child
			 in care's behavior is prohibited and
(8) If any restraint or involuntary seclusion
			 lasts for more than 10 minutes, the child-caring must provide adequate access
			 to the bathroom and water at least every thirty minutes to the child in
			 care.
(9) For any restraint or
			 involuntary seclusion lasting more than 10 minutes a supervisor, trained in the
			 non-violent crisis intervention system used by the child-caring agency must
			 provide written authorization for the continuation of the restraint or
			 involuntary seclusion every five minutes.
(a)
			 If the supervisor is not on-site at the time the restraint is used, the
			 supervisor may provide the written authorization electronically.
(b) The written authorization must document
			 why the restraint or involuntary seclusion continues to be the least
			 restrictive intervention to reduce the risk of imminent serious bodily injury
			 in the given circumstances.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0190 - Licensing Umbrella Rules: Information Provided to Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each child in
			 care receiving services from a child-caring agency must be given the following:
(a) Instruction regarding how a child in care
			 may report suspected inappropriate use of restraint or involuntary
			 seclusion;
(b) Assurance that the
			 child in care will not experience retaliation for reporting suspected
			 inappropriate uses of restraint or involuntary seclusion and;
(c) The telephone number for the toll-free
			 child abuse hotline described in ORS
			 417.805 and the telephone
			 numbers and electronic mail addresses for the program's licensing agency, the
			 child in care's caseworker and attorney, the child in care's court appointed
			 special advocate and Disability Rights Oregon.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0200 - Licensing Umbrella Rules: Safety

Current through Register Vol. 63, No. 7, July 1, 2024
To ensure the safety of children in care and employees, a
				child-caring agency must have and adhere to written policies and procedures
				that comply with the safety requirements in this rule.
(1) Transportation. If a child-caring agency
			 transports children in care in a vehicle, the agency must have policies and
			 procedures that address all of the following:
(a) Driver requirements.
(A) Each employee transporting a child in
			 care in a motor vehicle must have a current driver license on record with the
			 child-caring agency and must comply with applicable traffic laws when
			 transporting children in care.
(B)
			 The child-caring agency may use an employee to provide transportation for
			 children in care only if the employee is covered by an insurance policy in full
			 force and effect, and in compliance with the standards set by the child-caring
			 agency.
(C) The child-caring agency
			 must ensure that employees providing transportation are trained in emergency
			 procedures, including behavior management if applicable, while in a
			 vehicle.
(D) The child-caring
			 agency must ensure that each person who transports a child in care in a van for
			 15 or more passengers receives training in the safe operation of that type of
			 vehicle prior to transporting children.
(E) The child-caring agency must take
			 reasonable steps to ensure safety when using off-road vehicles.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0210 - Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "applicant" means a child-caring agency that is in the
			 process of applying to the Department for an initial license or license renewal
			 or to add a program to an existing license.
(2) Application required.
(a) A
child-caring agency
must submit a completed application in each of the following situations:
(A) To obtain an initial license.
(B) To renew a license.
(C) To add a
program
to an
			 existing license.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0220 - Licensing Umbrella Rules: Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department determines from the
			 application and its review that the child-caring agency is or will be in
			 compliance with applicable rules in OAR chapter 419, division 400 and that
			 denial is not required or appropriate under OAR 419-400-0280, the Department
			 issues a license to the child-caring agency.
(2) A license is effective for a two-year
			 period unless:
(a) The license is suspended or
			 revoked as provided in OAR 419-400-0280;
(b) The license is rendered invalid when not
			 utilized for a period of six consecutive months; or
(c) The license must be renewed on an annual
			 basis because a notice of intent to suspend or revoke was rescinded under ORS
			 418.240(3).
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0230 - Licensing Umbrella Rules: Responsibilities of Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee is responsible to do all of the following:
(1) Ensure that children in care are well
			 cared for and safe from self-harm, physical harm, and abuse from
			 others.
(2) Adhere to and comply
			 with all policies and procedures of the licensee and ensure that the licensee's
			 employees and volunteers adhere to and comply with the licensee's policies and
			 procedures.
(3) Comply with all
			 federal, state, and local laws, rules, regulations, executive orders, and
			 ordinances applicable to the licensee and ensure that the licensee's employees
			 and volunteers comply with all federal, state, and local laws, rules,
			 regulations, executive orders, and ordinances applicable to the
			 licensee.
(4) Meet with an employee
			 of the Department upon request and make all employees, staff, agents, and
			 contractors available to meet with the Department upon request.
(5) Provide copies of all written policies
			 and procedures required in OAR 419-400-0210(3)(j)  when requested.
(6) Make reports to the Department as
			 required by law, these rules (OAR 419-400), and upon request to ensure that the
			 requirements for licensing are met.
(7) Provide information about children in
			 care when requested by the Department. The Department may request information
			 about children in care at any time. Information requested may include, but is
			 not limited to, the following:
(a)
			 Names;
(b) Dates of
			 birth;
(c) Dates of admission or
			 service delivery;
(d) Names and
			 contact information for children's parents or guardians;
(e) Address where children reside or receive
			 services;
(f) Assessments and
			 diagnostic information;
(g)
			 Treatment and service records;
(h)
			 Medical records;
(i) Case notes;
			 and
(j) Incident reports.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0240 - Licensing Umbrella Rules: Periodic Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will visit and inspect
			 each licensee and each facility operated by the licensee as provided in this
			 rule to determine whether the program is maintained and operated in accordance
			 with the rules in OAR chapter 419, division 400 and all other applicable laws
			 and rules:
(a) The Department will inspect
			 each child-caring agency at least once every two years; and
(b) The Department will inspect premises
			 where children in care reside and receive services from employees or staff who
			 do not reside on the premises at least once per year. Inspections under this
			 subsection will be unannounced and occur at unexpected times and at irregular
			 intervals.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0250 - Licensing Umbrella Rules: Investigation of Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child-caring agency must cooperate
			 fully and comply with all investigations by the Department conducted pursuant
			 to the requirements of the law.
(2)
			 The Department will immediately investigate and take appropriate action when
			 the Department becomes aware, whether from the inspections undertaken pursuant
			 to ORS 418.255 or otherwise, that any
			 suspected or founded abuses, deficiencies, violations, or failures to comply
			 with the full compliance requirements described in ORS
			 418.240 and these rules are
			 occurring in a child-caring agency.
(3) The Department will immediately
			 investigate when the Department becomes aware that a child-caring agency, or an
			 owner, operator, or employee of a child-caring agency, is the subject of an
			 investigation by another state, federal, or law enforcement agency and take
			 action as provided in ORS
			 418.240.
(4) Upon determination of a level of threat
			 or risk to children in care, the Department will take appropriate steps to
			 protect and ensure the health, safety, and welfare of children in
			 care.
(5) The Department will
			 notify the child-caring agency of any corrective action the Department may
			 initiate because of the investigation, and of the deadlines for the
			 child-caring agency to complete any corrective action.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.240 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.205 -
				  418.327
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0260 - Licensing Umbrella Rules: Corrective Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As a result of an inspection, or at any
			 time, the Department may require a child-caring agency to take various actions
			 to ensure the child-caring agency is in compliance with the rules in OAR
			 chapter 419, division 400 and other applicable statutes and rules:
(a) The Department may prescribe specific
			 actions that must be taken by a child-caring agency to achieve full
			 compliance;
(b) The Department may
			 impose a formal Plan of Correction;
(c) The Department may establish deadlines by
			 which the child-caring agency must correct the identified deficiencies;
			 and
(d) The Department may impose
			 conditions on a license as provided in OAR 419-400-0280  while corrections are
			 pending.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0270 - Licensing Umbrella Rules: Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the actions described in
			 OAR 413-215-0121, as provided in ORS
			 418.992, the Department may
			 impose a civil penalty against a child-caring agency if the child-caring agency
			 has committed one of the following acts:
(a)
			 Violation of any of the terms or conditions of a license, certification, or
			 other authorization issued under ORS
			 418.205 to
			 418.327,
			 418.470,
			 418.475, or
			 418.950 to
			 418.970.
(b) Violation of any rule in OAR chapter 419,
			 division 400 or a general order of the Department against a child-caring
			 agency.
(c) Violation of any final
			 order of the Department that pertains specifically to the child-caring
			 agency.
(d) Violation of the
			 requirement to have a license, certificate, or other authorization under ORS
			 418.205 to
			 418.327,
			 418.470,
			 418.475, or
			 418.950 to
			 418.970.
(e) Violation of the disclosure requirements
			 applicable to a
secure transportation services
provider as
			 described in OAR 419-480-0110(2).
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0280 - Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may suspend, revoke, or
			 place conditions on the child-caring agency's license, certificate, or other
			 authorization in the following circumstances:
(a) The
child-caring agency
is not in full compliance with the requirements of OAR 419-400-0010(5)  or other
			 applicable requirement in OAR chapter 419, division 400.
(b) The Department finds, after investigation
			 by the Department or law enforcement, that abuses, deficiencies, violations, or
			 failures to comply are founded.
(c)
			 The
child-caring agency
, or the owner or operator of the
child-caring agency
including proctor foster homes, interfered
			 with or hindered an investigation of abuse of a
child in care
,
			 including, but not limited to, intimidation of witnesses, falsification of
			 records, or denial or limitation of interviews with the
child in
			 care
who is the subject of the investigation or the
			 witnesses.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0290 - Licensing Umbrella Rules: Temporary, Inactive, and Amended Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Temporary
			 license.
(a) The Department may issue a
			 temporary license when the application by a child-caring agency for a license
			 is approved, and the child-caring agency does not hold a current, valid
			 license. A temporary license is valid for a period not to exceed six months.
			 Use of a temporary license allows the licensee to start providing services
			 authorized by the temporary license. To obtain a temporary license, a
			 child-caring agency must meet all requirements of the rules in OAR chapter 419,
			 division 400 except those that can be met only while providing
			 services.
(b) Once a child-caring
			 agency with a temporary license begins providing services, the licensee must
			 request an inspection by the Department for the purpose of verifying its
			 compliance with the rules in OAR chapter 419, division 400. Upon verification,
			 the Department will issue a license valid for two years beginning from the date
			 of the temporary license, as described in OAR 419-400-0220.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0300 - Licensing Umbrella Rules: Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may waive a requirement of
			 a rule in OAR chapter 419, division 400 upon written request of a child-caring
			 agency. The written request must identify the rule, give the reasons that
			 justify the exception, describe the agency's assessment of the risk, state the
			 length of time for which the exception is requested, and explain how the needs
			 of children in care and families would be affected if the child-caring agency
			 did not comply with the rule.
(2)
			 The Department may approve a request for an exception upon a determination that
			 the failure of a child-caring agency to comply with the rule does not pose a
			 threat to the health, safety, and welfare of children in care and families. In
			 determining whether to grant an exception, the Department additionally must
			 take into consideration:
(a) Whether the
			 child-caring agency has consistently been in compliance with licensing
			 regulations and has a history or provision of services that meet the best
			 interests of children.
(b)
			 Innovative approaches of the child-caring agency.
(c) The availability of services to children
			 in care and families similar to the services provided by the child-caring
			 agency.
(d) The impact of the rule
			 exception sought.
(e) Whether the
			 Department may waive application of the rule under state statute or federal
			 law.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 400 - CHILD-CARING AGENCY LICENSING UMBRELLA RULES › Section 419-400-0310 - Licensing Umbrella Rules: Notifications Involving a Child-caring Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon law
			 requires the Department to make notifications involving a child-caring agency
			 when the Department:
(a) Receives a report of
			 suspected violation;
(b) Assigns a
			 report of abuse for investigation;
(c) Makes an abuse determination on a report
			 of abuse; or
(d) Takes a licensing
			 action under OAR 419-400-0280.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0010 - Academic Boarding Schools: What Law Applies

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 419-410-0010  to 419-410-0150, regulate a
				child-caring agency licensed as an academic boarding school. An academic
				boarding school must also comply with OAR 419-400-0005  to 419-400-0310.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005 & ORS
				  418.327
Statutes/Other Implemented: ORS
				  418.327, ORS
				  409.010 & ORS
				  418.005
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0020 - Academic Boarding Schools: Educational Services

Current through Register Vol. 63, No. 7, July 1, 2024
The educational services of an academic boarding school must
				comply with all of the following requirements:
(1) The academic boarding school must comply
			 with the minimum requirements for private schools as determined by the Oregon
			 Department of Education.
(2) The
			 academic boarding school must ensure that it has a curriculum that considers
			 the goals of modern education and the requirements of a sound comprehensive
			 curriculum.
(3) Secondary schools
			 must verify that they have academic standards necessary for students to obtain
			 admission to community colleges and institutions of higher education and
			 receive a high school diploma or GED.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.327 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  409.010, ORS
				  418.327 & ORS
				  418.005
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0030 - Academic Boarding Schools: Physical Plant Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An academic boarding school may not allow
			 children in care to have access to, or provide services regulated by these
			 rules (OAR 419-410-0010  to 419-410-0150) in, a building unless the building has
			 been certified as meeting all applicable state and local construction-related
			 requirements for a building used by the academic boarding school.
(2) An academic boarding school must meet all
			 of the following requirements:
(a) All
			 buildings where children in care are present must be smoke-free.
(b) All buildings owned, maintained, or
			 operated by the academic boarding school to provide services to children in
			 care must meet all applicable state and local building, electrical, plumbing,
			 and zoning codes.
(c) All areas of
			 buildings where children in care are present must be kept clean and in good
			 repair. Major appliances and heating, ventilation, plumbing, and electrical
			 systems must be functional and in good repair.
(d) Each room used by children in care must
			 have floors, walls, and ceilings that meet the interior finish requirements of
			 the applicable Oregon Structural Specialty Code (see the current version of OAR
			 837-040-0140) and the Oregon Fire Code (see the current version of OAR
			 837-040-0010  and 837-040-0020) and be free of harmful drafts, odors, and
			 excessive noise.
(e) Each room used
			 by children in care must be adequate in size and arrangement for the purpose in
			 which it is used.
(f) A system
			 providing a continuous supply of hot and cold water must be distributed to taps
			 conveniently located throughout each facility.
(g) Water systems serving the property must
			 be installed and maintained in compliance with applicable drinking water
			 regulations (see OAR chapter 333) from the Public Health Division of the Oregon
			 Health Authority.
(h) Heat and
			 ventilation.
(A) Buildings must be ventilated
			 by natural or mechanical means and must be free of excessive heat,
			 condensation, and obnoxious odors.
(B) Room temperature must be maintained
			 within a normal comfort range.
(i) Water temperature and access to water:
(A) A continuous supply of hot and cold
			 water, installed and maintained in compliance with this rule and OAR
			 419-410-0040, must be distributed to taps conveniently located throughout each
			 building used to provide services or housing for children in care.
(B) The temperature of hot water used for
			 hand washing, bathing, or showering must be controlled so that it does not
			 exceed 120 degrees Fahrenheit in each building used to provide services or
			 housing for children in care.
(C)
			 Each child in care who lacks the ability to adjust and control water
			 temperature safely must be directly supervised by a staff member of the
			 academic boarding school.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0040 - Academic Boarding Schools: Room and Space Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following room
				and space requirements:
(1) All parts
			 of the facility must ensure the safety of the children in care.
(2) Living area. A separate living room or
			 lounge area must be available for the exclusive use of residents, employees,
			 and invited guests with a minimum of 15 square feet per child in
			 care.
(3) Bedrooms. Bedrooms for
			 children in care may not be exposed to drafts, odors, or noises that interfere
			 with the health or safety of the occupants. Each bedroom must comply with all
			 of the following requirements:
(a) Have
			 adequate furnishings and personal items for the children in care residing in
			 them.
(b) Be separate from the
			 rooms used for dining, living, multi-purpose, laundry, kitchen, or
			 storage.
(c) Be an outside room,
			 with a window allowing egress from the building.
(d) Have a ceiling height of at least 90
			 inches.
(e) Have a minimum of 60
			 square feet per bed.
(f) House no
			 more than 25 children in care in one room when a dormitory-style sleeping
			 arrangement is used.
(g) Have
			 permanently-wired light fixtures located and maintained so as to give adequate
			 light to all parts of the room.
(h)
			 Have a window covering on each window to ensure privacy.
(i) Contain beds for children in care that
			 meet both of the following requirements:
(A)
			 There must be at least three feet between beds, including trundle beds if used;
			 and
(B) Bunk beds, if used, must be
			 maintained to ensure safety of the children in care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0050 - Academic Boarding Schools: Furnishings and Personal Items for Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements:
(1) Furniture. Adequate
			 furnishings must be provided for each child in care including, but not limited
			 to:
(a) A bed, including a frame;
(b) A clean, comfortable mattress, and a
			 pillow; and
(c) A private dresser,
			 closet, or similar storage area for personal belongings that is readily
			 accessible to the child in care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0060 - Academic Boarding Schools: New Facility or Remodel

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements:
(1) Building Plans.
(a) An academic boarding school must submit
			 to the Department for approval a set of plans and specifications for each
			 building used for children in care operated by the academic boarding school at
			 each of the following times:
(A) Prior to
			 construction of a new building.
(B)
			 Prior to construction of an addition to an existing building.
(C) Prior to the remodeling, modification, or
			 conversion of a building.
(D) In
			 support of an application for initial license to operate an academic boarding
			 school under OAR 419-400-0210.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0070 - Academic Boarding Schools: Environmental Health

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements:
(1) The program of the
			 academic boarding school must maintain an environment that ensures safety for
			 program staff and children in care.
(2) Environmental Health Specialist approval.
			 Prior to licensure and every two years upon license renewal, the program must
			 be assessed and provide documentation of approval by a registered environmental
			 health specialist (see OAR 338-010-0025  to 338-010-0038) for the following
			 safety areas:
(a) Food service risk
			 assessment.
(b) Drinking water or
			 waste water assessment.
(c) Vector
			 and pest control, including the use of pesticides and other chemical
			 agents.
(d) Hazardous material
			 management, including handling and storage.
(e) Recreation assessments (such as
			 playgrounds, swimming pools, and hot tubs) for injury prevention and hazard
			 mitigation.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0080 - Academic Boarding Schools: Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements with regard to food services:
(1) Nutrition and dietary requirements.
(a) An academic boarding school must arrange
			 meals daily, consistent with normal mealtimes that occur during hours of
			 operation.
(b) Snacks must be
			 available and provided as appropriate to the age and activity levels of
			 children in care.
(c) Menus must be
			 prepared in advance in accordance with USDA guidelines and must provide a
			 sufficient variety of foods served in adequate amounts for each child in care
			 at each meal, adjusted for seasonal changes. Records of menus as served must be
			 maintained in the record of the academic boarding school for at least six
			 months.
(d) Drinking water must be
			 freely available to the children in care served by the academic boarding
			 school.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0090 - Academic Boarding Schools: Safety

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements related to safety:
(1)
			 Fire safety. Prior to licensure and every two years upon license renewal, the
			 program must be assessed and approved by the State Fire Marshall or designee
			 for the following fire safety areas:
(a) The
			 academic boarding school must provide fire safety equipment that meets the
			 requirements of applicable building codes and the Oregon Fire Code (see the
			 current version of OAR 837-040-0010  and 837-040-0020).
(b) The academic boarding school must comply
			 with existing state and local fire safety codes.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0100 - Academic Boarding Schools: Health Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An academic boarding school must obtain
			 all private health record information referred to in this rule in a manner that
			 complies with federal and state law.
(2) Medical History. Within 30 days of a
			 child in care starting in an academic boarding school, the academic boarding
			 school must obtain available medical history and other health-related
			 information on the child in care, including:
(a) Significant findings of the most current
			 physical examination;
(b) The child
			 in care's current immunizations, history of surgical procedures and significant
			 health issues or injuries, and past or present communicable diseases;
(c) Any known allergies;
(d) Dental, vision, hearing, and behavioral
			 health; and
(e) Physician or
			 qualified medical professional's orders, including those related to medication,
			 if any.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0110 - Academic Boarding Schools: Medication

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements:
(1) Policy and
			 procedures. The academic boarding school must have and adhere to policies and
			 procedures that cover all prescription and non-prescription medication that
			 address all of the following:
(a) How the
			 medication will be administered.
(b) By whom the medication will be
			 administered.
(c) How the staff of
			 the academic boarding school who administer medication will be
			 trained.
(d) How the administration
			 of medication will be documented.
(e) How the administration of medication will
			 be monitored.
(f) How unused
			 medication will be disposed of.
(g)
			 Requirements for the use of herbal supplements and similar remedies; medical
			 treatments such as special diets and physical therapy; and the
			 self-administration of medication by children in care.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0120 - Academic Boarding Schools: Minimum Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The academic
			 boarding school must provide adequate supervision and protection for children.
			 The supervision must be adequate for the type of program, location of program,
			 the time of day or night, the age and type of children in care served, physical
			 plant design, location, and ability of the supervisor to respond, electronic
			 backup systems, and other means available to ensure supervision and
			 protection.
(2) Additional staffing
			 requirements for emergency response.
(a) When
			 there is only one employee of the academic boarding school on duty in a
			 facility, there must be additional staff immediately available in the event of
			 an emergency, with a maximum response time of 30 minutes.
(b) One employee who is age 18 or over, has a
			 current certification in cardiopulmonary resuscitation and first aid, and is
			 capable of taking appropriate action in an emergency must be on site at all
			 times when one or more children in care are present on the premises of the
			 academic boarding school.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 410 - ACADEMIC BOARDING SCHOOLS › Section 419-410-0130 - Academic Boarding Schools: Separation of Children

Current through Register Vol. 63, No. 7, July 1, 2024
An academic boarding school must meet all of the following
				requirements:
(1) Combining children
			 and adults. Special care must be taken by an academic boarding school to
			 provide adequate supervision of children in care when children in care 18 years
			 of age or older are being served by the academic boarding school.
(2) Co-ed facilities. Special care must be
			 taken by an academic boarding school to provide adequate supervision when the
			 program serves both males and females concurrently. Children's bedrooms for
			 males must be separated from bedrooms for females.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005 & ORS
				  418.327
Statutes/Other Implemented: ORS
				  418.327, ORS
				  409.010 & ORS
				  418.005