reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0090 - Request for Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 variance that does not adversely impact the welfare, health, safety, or rights
			 of individuals or violate state or federal laws may be granted to a Brokerage:
(a) If the Brokerage lacks the resources
			 needed to implement the standards required in these rules;
(b) If implementation of the proposed
			 alternative services, methods, concepts, or procedures shall result in services
			 or systems that meet or exceed the standards in these rules; or
(c) If there are other extenuating
			 circumstances.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0100 - Eligibility for Brokerage and Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NON-DISCRIMINATION. An individual may not
			 be denied brokerage and support services or otherwise discriminated against on
			 the basis of race, color, religion, sex, gender identity, sexual orientation,
			 national origin, marital status, age, disability, source of income, duration of
			 Oregon residence, or other protected classes under federal and Oregon Civil
			 Rights laws.
(2) ELIGIBILITY. To be
			 eligible for brokerage and support services, an individual must meet the
			 following requirements:
(a) Be an
			 adult.
(b) Be an Oregon resident
			 who meets the residency requirements in OAR
			 461-120-0010.
(c) Be determined eligible for developmental
			 disabilities services by the CDDP of the county of origin as described in OAR
			 411-320-0080.
(d) Reside in their own or family
			 home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0110 - Standards for Entry and Exit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ENTRY.
(a) To enter a brokerage:
(A) An individual must be determined eligible
			 for brokerage and support services as described in OAR
			 411-340-0100; and
(B) The individual must choose to receive
			 services from a brokerage operating in the geographic service area of the
			 county of origin.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0120 - Brokerage and Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A brokerage must provide or arrange for the following services as required to
			 meet individual support needs:
(a) Case
			 management as described in OAR chapter 411, division 415; and
(b) Assistance with development and expansion
			 of community resources required to meet the support needs of individuals served
			 by the brokerage.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0125 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &
				  430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0135 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-410,
				  430.610,
				  430.620,
				  430.662-695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &
				  430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0150 - Standards for Administration and Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) POLICY OVERSIGHT GROUP. The Brokerage
			 must develop and implement procedures for incorporating the direction,
			 guidance, and advice of individuals and family members of individuals in the
			 administration of the organization.
(a) The
			 Brokerage must establish and utilize a Policy Oversight Group, of which the
			 membership majority must be individuals and family members of individuals.
(b) Brokerage procedures must be
			 developed and implemented to assure the Policy Oversight Group has the maximum
			 authority that may be legally assigned or delegated over important program
			 operational decisions, including such areas as program policy development,
			 program planning and goal setting, budgeting and resource allocation, selection
			 of key personnel, program evaluation and quality assurance, and complaint
			 resolution.
(c) If the Policy
			 Oversight Group is not also the governing body of the Brokerage, then the
			 Brokerage must develop and implement a written procedure that describes
			 specific steps of appeal or remediation to resolve conflicts between the Policy
			 Oversight Group and the governing body of the Brokerage.
(d) A Policy Oversight Group must develop and
			 implement operating policies and procedures.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &
				  430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &
				  430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0180 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  427.402 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  427.400-427.410,
				  430.610,
				  430.620 &
				  430.662-430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 340 - SUPPORT SERVICE BROKERAGES FOR ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-340-0190 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 COVID-19.
(a) A Brokerage must implement all
			 directives related to staffing and operation of the Brokerage to reduce the
			 spread of the Coronavirus (COVID-19) issued through any of the following:
(A) Governor's Executive Order.
(B) Written guidance to the Brokerage from
			 the Local Public Health Authority, Tribe, or the Oregon Health Authority Public
			 Health Division.
(C) Department
			 transmittals.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purposes of the rules in OAR chapter 411, division 345 are
				to:
(1) Effectuate Oregon's Employment
			 First policy, as described in the State of Oregon Executive Order No. 15-01 and
			 OAR chapter 407, division 025, under which:
(a) The employment of individuals with
			 intellectual or developmental disabilities in competitive integrated employment
			 is the highest priority over unemployment, segregated employment, or other
			 non-work day activities.
(b) For
			 individuals who successfully achieve the goal of competitive integrated
			 employment, future person-centered service planning focuses on maintaining
			 employment, maximizing the number of hours an individual works, using the
			 standard of obtaining at least 20 hours per week of work, consistent with the
			 individual's preferences and interests, and considering additional career or
			 advancement opportunities.
(c)
			 Employment services are considered and provided on an individualized basis
			 using a person-centered approach based on informed choice and consistent with
			 the philosophy of self-determination.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0020 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				345. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Benefits
			 Counseling" means the benefits supports, training, and planning delivered as an
			 activity of employment path services.
(2) "CDDP" means "Community Developmental
			 Disabilities Program".
(3)
			 "Competitive Integrated Employment" means work that is performed on a full-time
			 or part-time basis (including self-employment):
(a) For which an individual:
(A) Is compensated at a rate that:
(i) Is not less than the higher of the rate
			 specified in federal, state, or local minimum wage law, and also is not less
			 than the customary rate paid by the employer for the same or similar work
			 performed by other employees who are not individuals with disabilities, and who
			 are similarly situated in similar occupations by the same employer and who have
			 similar training, experience, and skills; or
(ii) In the case of an individual who is
			 self-employed, yields an income that is comparable to the income received by
			 other individuals who are not individuals with disabilities, and who are
			 self-employed in similar occupations or on similar tasks and who have similar
			 training, experience, and skills; and
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0027 - Eligibility for Employment Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual may not be denied
			 employment services or otherwise discriminated against on the basis of race,
			 color, religion, sex, gender identity, sexual orientation, national origin,
			 marital status, age, disability, source of income, duration of Oregon
			 residence, or other protected classes under federal and Oregon Civil Rights
			 laws.
(2) To be eligible for
			 employment services, an individual must meet all of the following requirements:
(a) Be an Oregon resident who meets the
			 residency requirements in OAR
			 461-120-0010.
(b) Be determined eligible for developmental
			 disabilities services by the CDDP of the county of origin as described in OAR
			 411-320-0080.
(c) Meet the level of care as defined in OAR
			 411-317-0000.
(d) Be receiving:
(A) A Medicaid Title XIX benefit package
			 through OSIPM or HSD medical programs; or
(B) A benefit package through the Healthier
			 Oregon medical program.
(e) Be legally eligible to work in the United
			 States.
(f) Have services under
			 these rules authorized in an ISP by a case management entity.
(g) The individual's ISP must have an
			 employment related goal as outlined in these rules and the case management
			 rules in OAR chapter 411, division 415. An employment related goal means a goal
			 related to obtaining, maintaining, or advancing in competitive integrated
			 employment, or, at minimum, exploring competitive integrated
			 employment.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0030 - Employment Provider Qualifications and Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) EMPLOYMENT
			 PROVIDER TYPES. A qualified provider of employment services must be one of the
			 following:
(a) A provider agency certified
			 and endorsed under OAR chapter 411, division 323.
(b) A provider agency certified under OAR
			 411-340-0170 prior to January 1,
			 2016. A provider agency certified under OAR
			 411-340-0170 prior to January 1,
			 2016 must be certified and endorsed under OAR chapter 411, division 323 upon
			 re-certification but also no later than January 1, 2021.
(c) A qualified independent provider.
(A) An independent provider who is employed
			 by an individual may only provide job coaching.
(B) An independent provider who is an
			 independent contractor may only provide job development and
			 discovery.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0035 - Standards for Provider Agencies Delivering Employment Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INSPECTIONS AND
			 INVESTIGATIONS. A provider agency must allow inspections and investigations in
			 accordance with OAR 411-323-0040.
(2) MANAGEMENT AND PERSONNEL PRACTICES. A
			 provider agency must comply with the management and personnel practices
			 described in OAR 411-323-0050.
(3) PERSONNEL FILES AND QUALIFICATION
			 RECORDS. A provider agency must maintain written documentation of six hours of
			 pre-service training prior to staff supervising individuals that includes
			 mandatory abuse reporting, ISPs, and Service Agreements.
(4) CONFIDENTIALITY OF RECORDS. A provider
			 agency must ensure the confidentiality of individuals' records in accordance
			 with OAR 411-323-0060.
(5) ABUSE AND INCIDENT HANDLING AND
			 REPORTING. Complaints of abuse and the occurrence of serious incidents must be
			 treated as described in OAR
			 411-323-0063.
(6) SERVICE RECORD. A provider agency must
			 maintain a current service record for each individual receiving services. The
			 individual's service record must include all of the following:
(a) The individual's name, current home
			 address, and home phone number.
(b) The individual's Career Development Plan
			 as well as the current ISP or written Service Agreement.
(c) Contact information for the individual's
			 legal or designated representative (as applicable) and any other people
			 designated by the individual to be contacted in case of incident or emergency.
(d) Contact information for the
			 case management entity assisting the individual to obtain services.
(e) Records of service provided, including
			 type of services, dates, hours, and staff involved.
(f) Records describing medication taken by
			 the individual that emergency medical personnel must be aware of in the event
			 of an emergency.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0050 - Reciprocal Compliance for Agency Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may accept compliance with
			 other formally recognized standards as assurance of compliance with all or part
			 of these rules.
(2) An employment
			 service provider seeking an endorsement based on compliance with other
			 standards must provide the Department with a copy of the complete detailed
			 report from the reviewing group. Where there are differences between other
			 standards and Oregon Administrative Rules, the Oregon Administrative Rules
			 shall take precedence.
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  430.610,
				  430.630 &
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0085 - Reports and Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A provider must maintain progress notes regarding the employment service
			 provided.
(a) A progress note must include,
			 at minimum, all of the following information regarding the service rendered:
(A) Date and time the service was
			 delivered.
(B) Information
			 regarding progress towards achieving the intended employment goal for which the
			 employment service was utilized, including progress towards outcomes and
			 milestones outlined in the Career Development Plan and the implementation
			 strategies or plan.
(C) At least
			 every six months, documentation of the number of hours the supported individual
			 works, the wages and level of benefits, as well as any opportunities presented
			 to the individual for increased work hours.
(D) Any discussion about work hours and
			 related goals.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0090 - Variances for Agency Service Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may grant a variance to
			 these rules based upon a demonstration by the agency service provider that an
			 alternative method or different approach provides equal or greater program
			 effectiveness and does not adversely impact the welfare, health, safety, or
			 rights of individuals or violate state or federal laws.
(2) The agency service provider requesting a
			 variance must submit a written application to the CDDP or the Department that
			 contains the following:
(a) The section of
			 the rule from which the variance is sought;
(b) The reason for the proposed variance;
(c) The alternative practice,
			 service, method, concept, or procedure proposed; and
(d) If the variance applies to the services
			 of an individual, evidence that the variance is consistent with the currently
			 authorized ISP for the individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0095 - Service and Payment Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employment service rates authorized in
			 Department payment and reporting systems are paid to providers for delivering
			 services, as described in these rules, and shall be based upon the Collective
			 Bargaining Agreement and the Rate Schedule.
(2) Only one hourly employment service may be
			 billed per individual per hour. Payments based on an outcome for job
			 development and discovery are not in conflict with payments made based on
			 direct service delivery.
(3)
			 Employment services and payment for employment services are limited to the
			 following:
(a) 25 hours per week for any
			 combination of job coaching, small group employment support, and employment
			 path services.
(b) 40 hours in any
			 one week for job coaching if job coaching is the only service
			 utilized.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  410.070
Stats. Implemented: ORS
				  430.610,
				  430.630 &
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0110 - Individuals' Rights and Individually-Based Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INDIVIDUAL RIGHTS.
(a) A provider agency must have and implement
			 written policies and procedures protecting the individual rights described in
			 OAR 411-318-0010 and encourage and
			 assist individuals to understand and exercise their rights.
(b) Upon entry and request and annually
			 thereafter, the individual rights described in OAR
			 411-318-0010 must be provided to
			 an individual and their legal or designated representative.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0130 - Complaints, Notification of Planned Action, and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INDIVIDUAL COMPLAINTS.
(a) A provider agency must have and implement
			 written policies and procedures for individual complaints in accordance with
			 OAR 411-318-0015.
(b) Individual complaints by, or on behalf
			 of, an individual must be addressed in accordance with OAR
			 411-318-0015.
(c) Within 30 calendar days of beginning
			 employment services with a new provider, upon request, and annually thereafter,
			 the policy and procedures for complaints must be explained and provided to an
			 individual and their legal or designated representative (as
			 applicable).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0140 - Exit and Transfer Requirements for a Provider Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) VOLUNTARY TRANSFERS AND EXITS.
(a) A provider agency must promptly notify an
			 individual's case manager if the individual gives notice of the intent to exit
			 services or abruptly exits services.
(b) A provider agency must notify an
			 individual's case manager prior to the voluntary transfer or exit of an
			 individual from services.
(c)
			 Notification and authorization of an individual's voluntary transfer or exit
			 must be documented in the individual's record.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0145 - Entry Requirements for a Provider Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An entry meeting must occur, upon request
			 from an individual, the individual's provider agency, or any member of the
			 individual's ISP team, when the individual begins employment services with a
			 new provider.
(2) Prior to the
			 delivery of employment services, or at the entry meeting, a provider agency
			 must acquire or demonstrate efforts to acquire, and maintain the following
			 information related to the delivery of employment services so long as the
			 individual has agreed to share the information with the provider agency:
(a) A copy of the individual's Career
			 Development Plan and either a Service Agreement or relevant portions of the
			 ISP, including the following:
(A) Information
			 regarding identified relevant risks. The risks are relevant when they may
			 reasonably be expected to threaten the health and safety of the individual, the
			 provider, or the community at large without appropriate precautions during the
			 delivery of the employment service authorized. If an individual refuses to
			 disclose the information, the case management entity must disclose the refusal
			 to the provider, who may choose to refuse to deliver the services.
(B) Relevant protocols or mitigation
			 strategies.
(C) Any existing
			 information from the person-centered information document or one-page profile
			 that is relevant for employment services.
(D) Any other employment related information
			 in the Career Development Plan.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0160 - Individual Support Plan and Career Development Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Career Development Plan must be
			 completed as part of an individual's ISP consistent with the case management
			 requirements outlined under OAR chapter 411, division 415.
(2) A provider must implement an individual's
			 Service Agreement or ISP, Career Development Plan, provider implementation
			 strategies, and any other related documents.
(3) A provider must comply with Department
			 rules and policies regarding the Service Agreement or ISP and Career
			 Development Plan.
(4) A provider
			 agency must train each employment specialist to understand an individual's
			 Service Agreement or ISP, Career Development Plan, and supporting documents for
			 each individual the employment specialist supports and to provide individual
			 services.
(5) A provider agency
			 must assign a staff member to participate as a team member in the development
			 of an individual's ISP and Career Development Plan, and, when invited by the
			 individual, participate in a face-to-face meeting annually with the ISP
			 team.
(6) In preparation for an
			 annual ISP meeting, a provider agency must complete all of the following,
			 regardless of whether the provider agency participates in the meeting:
(a) Organize person-centered information the
			 provider agency holds regarding a supported individual's preferences,
			 interests, and desires, and contribute the information to the person-centered
			 information document.
(b) Review
			 the services and supports identified in an individual's current Service
			 Agreement or ISP and Career Development Plan to determine the ongoing
			 appropriateness and adequacy and any needed updates.
(c) Develop a preliminary written plan or
			 provider implementation strategies including measurable goals to support an
			 individual to achieve the career goals and outcomes outlined in their Career
			 Development Plan.
(d) Share all
			 materials gathered and written in preparation for the ISP meeting with an
			 individual's ISP team one week prior to the ISP meeting.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0170 - Behavior Supports and Physical Restraints

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, a designated person is the person
				implementing the behavior supports identified in an individual's Positive
				Behavior Support Plan.
(1) BEHAVIOR
			 SUPPORTS. Professional behavior services and behavior supports must be
			 delivered in accordance with OAR chapter 411, division 304, OAR
			 411-323-0060, and OAR
			 411-345-0035.
(2) SAFEGUARDING INTERVENTIONS AND
			 SAFEGUARDING EQUIPMENT.
(a) A designated
			 person must only utilize a safeguarding intervention or safeguarding equipment
			 when:
(A) BEHAVIOR. Used to address an
			 individual's challenging behavior, the safeguarding intervention or
			 safeguarding equipment is included in the individual's Positive Behavior
			 Support Plan written by a qualified behavior professional as described in OAR
			 411-304-0150 and implemented
			 consistent with the individual's Positive Behavior Support Plan.
(B) MEDICAL. Used to address an individual's
			 medical condition or medical support need, the safeguarding intervention or
			 safeguarding equipment is included in a medical order written by the
			 individual's licensed health care provider and implemented consistent with the
			 medical order.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0190

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0200

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0230

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0240

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-345-0270

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  430.610,
				  430.662,
				  430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR chapter 411, division 346, prescribe the standards and procedures
			 for the provision of Developmental Disabilities-funded foster care services for
			 children with intellectual or developmental disabilities in child foster homes
			 certified by the Department of Human Services as a condition for certification
			 and payment.
(2) These rules
			 incorporate the provisions for home and community-based services and settings
			 and person-centered service planning set forth in OAR chapter 411, division
			 004. These rules and the rules in OAR chapter 411, division 004, ensure
			 children with intellectual or developmental disabilities receive services in
			 settings that are integrated in and support the same degree of access to the
			 greater community as people not receiving home and community-based services.
(a) A foster provider initially certified on
			 or after January 1, 2016, must meet the requirements in OAR chapter 411,
			 division 004, prior to being certified.
(b) A foster provider certified prior to
			 January 1, 2016, must make measurable progress toward compliance with the rules
			 in OAR chapter 411, division 004, and be in full compliance by September 1,
			 2018.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0110 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions and acronyms, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				346. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Alternate
			 Caregiver" means any person 18 years of age and older responsible for the care
			 or supervision of a child in foster care.
(2) "Alternative Educational Plan" means any
			 school plan that does not occur within the physical school setting.
(3) "Appeal" means the process for a
			 contested hearing under ORS chapter 183 that a foster provider may use to
			 petition the suspension, denial, non-renewal, or revocation of their
			 certificate or application.
(4)
			 "Applicant" means a person who wants to become a foster provider, lives at the
			 residence where a child in foster care is to live, and is applying for, or
			 renewing, a certificate for a child foster home.
(5) "Attend To" means a child's parent or
			 guardian works in partnership with their child's foster provider to build
			 skills and help provide the supports necessary to meet their child's
			 needs.
(6) "Case Plan" means the
			 goal-oriented, time-limited, individualized plan of action for a child and the
			 child's family developed by the family and ODHS-CW for promotion of the safety,
			 permanency, and well-being of the child.
(7) "Case Worker" means an employee of
			 ODHS-CW.
(8) "CDDP" means
			 "Community Developmental Disabilities Program" as defined in OAR
			 411-317-0000.
(9) "Certificate" means the document issued
			 by the Department that notes approval to operate a child foster home for a
			 period not to exceed two years.
(10) "Certifying Agency" means the
			 Department, CDDP, or an agency approved by the Department who is authorized to
			 gather required documentation to issue or maintain a certificate.
(11) "Child" means:
(a) An individual who is less than 18 years
			 of age who has a provisional determination of an intellectual or developmental
			 disability by a CDDP; or
(b) An
			 individual with an intellectual or developmental disability who:
(A) Is 18 years of age, but less than 26
			 years of age; and
(B) Continues to
			 reside in their current child foster home through a variance approved by the
			 Department according to OAR
			 411-346-0210.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0120 - Certification Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any home
			 that meets the definition of a child foster home must be certified by one of
			 the following agencies:
(a) The Department;
(b) DHS-CW; or
(c) The OYA.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0130 - Indian Child Welfare Act

Current through Register Vol. 63, No. 7, July 1, 2024
The Indian Child Welfare Act (ICWA) gives federally recognized
				Native American tribes the authority to select a home for a child protected by
				the ICWA. Tribes and Alaskan Native Regional Corporations may license, approve,
				or specify a foster home for a child protected by the ICWA. The tribe is
				authorized to decide which of the following three preferences to use or whether
				to request that the Department or DHS-CW certify the home. When the tribe
				requests the Department to certify the home, the Department shall use these
				rules for certification. Native American children placed in relative homes
				whether licensed, certified, or selected by the tribe are eligible for foster
				care payments when DHS-CW has legal custody. Preference shall be given for
				placement with:
(1) A member of the
			 Native American child's extended family;
(2) A foster home licensed, approved, or
			 specified by the child's tribe; or
(3) A Native American foster home licensed or
			 approved by an authorized non-Native American licensing authority.
Statutory/Other Authority: ORS
				  409.050,
				  427.104 &
				  443.835
Statutes/Other Implemented: ORS
				  427.007,
				  427.104,
				  430.215,
				  443.830 &
				  443.835
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0140 - Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 or the CDDP shall recruit foster providers who have the abilities and
			 commitment to carry out the responsibilities set forth in these rules to meet
			 the Department's specific need for homes. The Department shall determine which
			 applicants are certified. The CDDP staff shall determine which home is best for
			 a particular child.
(2) A foster
			 provider must be a responsible, stable, emotionally mature adult who exercises
			 sound judgment and has the capacity to meet the mental, physical, and emotional
			 needs of a child placed in foster care.
(3) A foster provider must demonstrate the
			 following traits:
(a) Capacity to give and
			 receive affection;
(b) Kindness;
(c) Flexibility;
(d) A sense of humor; and
(e) The ability to deal with frustration and
			 conflict.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0160 - Renewal of Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 least 90 days prior to the expiration of a certificate, the Department shall
			 send a reminder notice and application for renewal to the currently certified
			 provider. Submittal of a renewal application prior to the expiration date keeps
			 the certificate in effect until the Department takes action. If the renewal
			 application is not submitted prior to the expiration date, the child foster
			 home shall be treated as an uncertified home.
(2) The certification renewal process
			 includes the renewal application and the same supporting documentation as
			 required for a new certification. With the discretion of the certifying agency,
			 a financial statement, physician statement, and floor plan may not be required.
(3) A copy of the services
			 coordinator's monitoring check list or recommendations from the services
			 coordinators who have had children in the home within the last year may be
			 requested at the time of certification renewal.
(4) School reports may not be required if the
			 Department or the certifying agency reasonably assumes this information has not
			 changed or is not necessary.
(5)
			 The Department or the certifying agency may investigate any information in the
			 renewal application and shall conduct a home inspection.
(6) The provider shall be given a copy of the
			 inspection form documenting any deficiencies and a time frame to correct
			 deficiencies. Deficiencies must be corrected no longer than 60 days from the
			 date of inspection. If documented deficiencies are not corrected within the
			 time frame specified, the renewal application shall be denied.
(7) Applicants, providers, providers'
			 substitute caregivers, employees, volunteers, and any other occupants in the
			 home 18 years of age and older must submit to an Oregon background check and
			 must continue to meet all certification standards as outlined in these rules.
(8) Each foster provider must
			 provide documentation of a minimum of 10 hours of Department approved training
			 per year prior to the renewal of the certificate. A mutually agreed upon
			 training plan may be part of the re-certification process.
(9) When serving children with significant
			 medical needs, the foster provider must have a minimum of 6 of the 10 hours of
			 annual training requirements in specific medical training beyond First Aid and
			 CPR. The CPR training must be done by a recognized training agency and the CPR
			 certificate must be appropriate to the ages of the children served in the
			 foster home.
Stat. Auth.: ORS
				  409.050 &
				  443.835
Stats. Implemented: ORS
				  430.215,
				  443.830,
				  443.835
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0165 - Emergency Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 emergency certificate may be issued by the Department for up to 30 days,
			 provided the following conditions are met:
(a) An Oregon background check indicates no
			 immediate need for fingerprinting for all persons living in the home;
(b) A DHS-CW background check
			 identifies no founded reports of child abuse committed by persons living in the
			 home;
(c) Applicant has no
			 previous revocations or suspensions of any license or certificate by any
			 issuing agency for a foster home, group home, or any other care or support
			 services;
(d) A review of support
			 enforcement obligations and public assistance cases identifies no substantial
			 financial concerns;
(e) An
			 application and two references are submitted;
(f) An abbreviated home study is done; and
(g) A satisfactory home inspection
			 and a Health and Safety Checklist are completed.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 346 - FOSTER HOMES FOR CHILDREN WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-346-0170 - Personal Qualifications of the Applicant and Foster Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant
			 and foster provider must:
(a) Be responsible,
			 stable, emotionally mature adults who exercise sound judgment;
(b) Have the interest, motivation, and
			 ability to nurture, support, and meet the mental, physical, developmental, and
			 emotional needs of a child placed in the foster home;
(c) Be willing to receive training and have
			 the ability to learn and use effective child-rearing practices to enable a
			 child placed in the foster home to grow, develop, and build positive personal
			 relationships and self-esteem;
(d)
			 Demonstrate the knowledge and understanding of positive supports and ways of
			 helping a child in foster care build positive personal relationships,
			 self-control, and self-esteem;
(e)
			 Respect the child's relationship with his or her parents and siblings and be
			 willing to work in partnership with family members, agencies, and schools
			 involved with the child to attain the goals as listed in the IEP, ISP, and Case
			 Plan;
(f) Respect the child's
			 privacy in accordance with the child's age;
(g) Have supportive ties with others who
			 might support, comfort, and advise them, such as family, friends, neighborhood
			 contacts, churches, or community groups;
(h) Demonstrate a lifestyle and personal
			 habits free from abuse or misuse of alcohol or drugs;
(i) Be at least 21 years of age, unless
			 otherwise specified through ICWA and requirements for placement of Native
			 American children; and
(j) Be able
			 to realistically evaluate which children they may accept, work with, and
			 integrate into their family.