reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 83 - REGIONAL AND COMMUNITY CHILD ABUSE ASSESSMENT CENTERS › Section 137-083-0020 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 Applicants:
(a) An applicant for the RSP
			 grant must be a public or private non-profit agency that has demonstrated the
			 ability to provide quality child abuse intervention services for a period of at
			 least two years, as determined by the Child Abuse Multidisciplinary
			 Intervention Advisory Council;
(b)
			 An applicant for the RSP grant must be a public or private non-profit agency
			 whose mission includes the provision of services to victims of child abuse or
			 neglect;
(c) An applicant for the
			 RSP grant must have adequately trained staff to perform child abuse medical
			 assessments and interviews including but not limited to a physician who is
			 trained in the evaluation, diagnosis and treatment of child abuse and who is
			 licensed to practice medicine in Oregon by the Oregon Medical Board; and an
			 interviewer who has an advanced academic degree in human services or who has
			 comparable specialized training and experience.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 83 - REGIONAL AND COMMUNITY CHILD ABUSE ASSESSMENT CENTERS › Section 137-083-0030 - Criteria for Awarding Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criteria for awards include application quality, the documentation of services
			 needed by those to be served, quality of past service provision, cost
			 efficiencies, and geographic area to be served. In addition, the following
			 criteria shall be considered:
(a) Length of
			 time and experience hired staff have in providing comprehensive child abuse
			 medical assessments. Also considered will be the number of full time employees
			 available for the level of anticipated service;
(b) Length of time the applicant has been
			 financially and organizationally stable;
(c) The leadership demonstrated by the
			 applicant in promoting skilled, complete therapeutic medical assessments for
			 any child alleged to be a victim of child abuse;
(d) The geographic area to be served and the
			 accessibility of the center for those to be served;
(e) The availability of state of the art
			 equipment for conducting comprehensive child abuse medical
			 assessments;
(f) The extent to
			 which the applicant meets the application requirements set forth in OAR
			 137-083-0020;
(g) Allowable
			 expenses eligible for reimbursement through this grant;
(h) Responsiveness of the service delivery
			 plan to a documented need for services; and
(i) Past success in meeting stated objectives
			 and measurable outcomes.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 83 - REGIONAL AND COMMUNITY CHILD ABUSE ASSESSMENT CENTERS › Section 137-083-0040 - Performance of Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regional
			 Service Providers receiving CAMI funds directly from the Department of Justice,
			 shall submit reports that provide both qualitative and quantitative information
			 regarding the delivery of services provided by the RSP as required by the
			 Department.
(2) Failure to meet the
			 conditions of the award including administration, fiscal and programmatic
			 requirements, may result in a reduction or denial of subsequent
			 funds.
Stat. Auth.: ORS
				  418.782 -
				  418.793
Stats. Implemented: ORS
				  418.780 -
				  418.796
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 83 - REGIONAL AND COMMUNITY CHILD ABUSE ASSESSMENT CENTERS › Section 137-083-0050 - Grievance Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant has a right to review the award decision concerning eligibility and
			 denial for an award for CAMI funds for the RSP grant. The grievance process is
			 referred to herein as the "review" or "grievance procedure".
(2) Each applicant will be informed of the
			 grievance procedure at the time a decision is made regarding an award decision
			 concerning an applicant's application.
(3) No applicant will be subject to reprisal
			 for seeking a review of an award decision.
(4) To request a review of the award decision
			 the applicant must make a written request to the CAMI Account Coordinator
			 within 30 days after receiving notification of the award decision.
(5) When the Department is notified that an
			 applicant has requested a review of the award decision, a meeting will be
			 scheduled with the CAMI Account Coordinator and members of the Advisory Council
			 that have no conflict of interest with regard to the review at issue. Every
			 effort will be made to have this meeting occur within 30 days of receipt of the
			 grievance.
(6) If the matter is not
			 resolved through the above described grievance procedure, the applicant may
			 request a further review of the issue by the Attorney General or his designee.
			 The applicant must make a written request for such a review, to the Director of
			 the Crime Victims' Services Division within 30 days following notification of
			 the results of meeting with the CAMI Account Coordinator and the Advisory
			 Council.
(7) The decision of the
			 State Attorney General or his designee is final.
Stat. Auth.: ORS
				  418.782 -
				  418.793
Stats. Implemented: ORS
				  418.780 -
				  418.796
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department"
			 means the Oregon Department of Justice.
(2) "Fund" means the Sexual Assault Victims'
			 Emergency Medical Response Fund.
(3) "Application Form" means the most current
			 version of the Application for Payment Sexual Assault Victims' Emergency
			 Medical Response Fund form issued by the Department of Justice.
(4) "Eligible victim" means a person who has
			 self-identified or been identified by another as a victim of a sexual assault
			 that occurred in Oregon and who receives a medical examination by an eligible
			 medical services provider within the time periods established in OAR
			 137-084-0010(4) and
			 (5).
(5) "Eligible Medical Services Provider"
			 means a person who has the facilities and supplies necessary to provide the
			 complete medical assessment as provided in these rules and who is currently
			 licensed in one of the following categories: a SANE/SAE, a registered nurse
			 acting under the direct supervision of a Doctor of Medicine or a Doctor of
			 Osteopathy, a nurse practitioner, a Physician's Assistant, a Doctor of
			 Medicine, or a Doctor of Osteopathy.
(6) "Oregon State Police SAFE Kit" means the
			 sexual assault forensic evidence collection kit, including protocol guidelines,
			 approved by and distributed by the Oregon Department of State Police.
(7) "Medical Examination" means a medical
			 examination of a victim of sexual assault conducted within the accepted patient
			 standard of care by an eligible medical services provider.
(8) "Complete Medical Assessment" means use
			 of an Oregon State Police SAFE Kit in conjunction with a medical examination of
			 a victim of sexual assault conducted within the accepted patient standard of
			 care by an eligible medical services provider.
(9) "Partial Medical Assessment" means a
			 medical examination of a victim of sexual assault conducted within the accepted
			 patient standard of care by an eligible medical services provider.
(10) "Sexually Transmitted Disease
			 Prophylaxis" means administering prophylactic drugs to prevent sexually
			 transmitted disease, or providing a prescription for such medication to be
			 filled on-site, in conjunction with a complete medical assessment or a partial
			 medical assessment.
(11) "Emergency
			 Contraception" means administering prophylactic drugs to prevent pregnancy, or
			 providing a prescription for such medication to be filled on-site, in
			 conjunction with a complete medical assessment or a partial medical
			 assessment.
(12) "SANE/SAE" (Sexual
			 Assault Nurse Examiner/ Sexual Assault Examiner) means a nurse who has received
			 certification as a SANE/SAE from the International Association of Forensic
			 Nurses or from the Oregon Attorney General's Sexual Assault Task
			 Force.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: 2003 OL Ch. 789 (SB 752)
Statutes/Other Implemented: 2003 OL Ch. 789 (SB
				  752)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0005 - Contributions to the Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 sexual assault victim assistance fund may receive state general fund
			 appropriations, gifts, grants, federal funds, or other public or private funds
			 or donations.
(2) Any contribution
			 to the Fund should be given to the Department accompanied by notice in writing
			 from the contributor stating the intention to have the contribution deposited
			 into the Fund.
(3) Any
			 contributions to the Fund received by the Department shall be deposited in the
			 Fund as soon as practicable.
Stat. Auth.: 2003 OL Ch. 789 (SB 752)
Stats. Implemented: 2003 OL Ch. 789 (SB 752)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0010 - Claims Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A victim
			 of a sexual assault who wants the Fund to pay for a medical examination,
			 collection of forensic evidence using the Oregon State Police SAFE Kit, or
			 other services provided in conjunction with the sexual assault exam, must
			 indicate to the medical service provider that they wish for the provider to
			 submit a completed Application Form to the Department.
(2) To obtain payment from the Fund, an
			 eligible medical services provider must submit the Application Form to the
			 Department within one year of the date the medical services are provided. At
			 the Department's discretion, the Department may choose to pay claims that are
			 received after one year of the date the medical services are
			 provided.
(3) All medical services
			 invoices must include an itemized billing statement and must be submitted by
			 the eligible medical services provider with the Application Form.
(4) To be paid for by the Fund, a complete
			 medical assessment using the Oregon State Police SAFE Kit must be completed
			 within 84 hours (three and one-half days) of the sexual assault. The Kit must
			 have been released to appropriate law enforcement personnel in a timely manner
			 after its use for collection of information.
(5) To be paid for by the Fund, a partial
			 medical assessment must be completed within 168 hours (seven days) of the
			 sexual assault of the victim.
(6)
			 Completed Application Forms submitted with medical services invoices will be
			 processed for payment by the Fund within 60 days of submission.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: 2003 OL Ch. 789 (SB 752)
Statutes/Other Implemented: 2003 OL Ch. 789 (SB
				  752)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0020 - Maximum Amounts Paid for Medical Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For dates of service beginning July 1,
			 2019, the Fund will pay eligible medical services providers the costs incurred
			 for providing sexual assault medical services to victims of sexual assault up
			 to the following maximum amounts:
(a) $475.00
			 for a medical examination plus collection of forensic evidence using the Oregon
			 State Police SAFE Kit;
(b) $215.00
			 for a medical examination without collection of forensic evidence using the
			 Oregon State Police SAFE Kit;
(c)
			 $70.00 for emergency contraception (including pregnancy test);
(d) $125.00 for sexually transmitted disease
			 prophylaxis;
(e) Up to five (5)
			 days of HIV prophylaxis will be paid at 50% of the amount charged, up to a
			 maximum amount listed in 137-084-0020(h);
(f) $95.00 for services provided by a Doctor
			 of Medicine or a Doctor of Osteopathy;
(g) Payment for all other services provided
			 in conjunction with the sexual assault exam will be calculated using the Oregon
			 Workers Compensation Fee Schedule, up to a maximum amount listed in
			 137-084-0020(h); see section
			 137-084-0030  for examples of non-covered services;
(h) The combined maximum payment amount for
			 services listed in 137-084-0020(e) and (g)  will not exceed $2,000.00;
(i) Payment for laboratory and radiology
			 services provided in conjunction with the sexual assault exam will be
			 calculated using the Oregon Workers Compensation Fee Schedule up to a combined
			 maximum amount of $500.00;
(j) Any
			 services provided after the date of the sexual assault exam will not be paid by
			 the SAVE Fund with the exception of 137-084-0020(k). Services after this date
			 may be covered by the Crime Victims' Compensation Program.
(k) Five (5) counseling sessions; counseling
			 sessions expire 18 months from the date of the sexual assault exam. Hourly
			 rates as of March 1, 2021:
(A) $160.00 per
			 hour for a Doctor of Medicine;
(B)
			 $130.00 per hour for a PhD, PsyD, or PMHNP;
(C) $105.00 per hour for an LCSW, LPC, or
			 LMFT;
(D) $75.00 per hour for a
			 QMHP.
(l) The Department
			 may pay for other counseling services based on the nature of the victimization
			 and the education, training and experience of the provider when sufficient
			 documentation establishing the provider's education, training and experience is
			 provided to the Department. The Department will determine the hourly payment
			 amount based on the supporting documentation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0030 - Payment Restrictions and Disqualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Fund will not pay for any service not
			 specifically described in ORS
			 147.397 or OAR 137-084-0001  through 137-084-0030. Examples of services not covered by
			 the Fund include, but are not limited to: DNA testing; prescriptions filled
			 off-site of the location of a medical examination; follow-up services;
			 anesthesia services; and transportation. Nothing in this rule is intended to
			 preclude an eligible medical services provider from submitting a claim against
			 the victim, the victim's insurance carrier or any other source for payment for
			 services not specifically described in ORS
			 147.395 through
			 147.397 or OAR 137-084-0001  through 137-084-0030.
(2) The Fund reserves the right not to pay
			 for medical services described in ORS
			 147.395 through
			 147.397 or OAR 137-084-0001  through 137-084-0030  for any one of the following reasons:
(a) Services were not provided by an eligible
			 medical services provider.
(b)
			 Services were provided to someone other than an eligible victim.
(c) Services were provided after the date of
			 the sexual assault exam.
(d)
			 Services were not provided in accordance with the requirements in ORS
			 147.395 through
			 147.397 or OAR 137-084-0001  through 137-084-0030, including the timeliness requirements
			 for complete medical assessments (within 84 hours (three and one-half days) of
			 the sexual assault) and partial medical assessments (within 168 hours (seven
			 days) of the sexual assault).
(e)
			 Services provided were duplicate services for the same incident. Examples of
			 duplicate services not covered by the Fund include, but are not limited to:
			 multiple sexual assault exams for the same incident of sexual assault; and
			 duplicate charges from a transferring hospital that does not conduct the sexual
			 assault exam.
(f) Failure of the
			 eligible medical services provider to submit a completed Application Form,
			 submission of incomplete invoice(s) for medical services or submission of the
			 Application Form or invoice(s) for medical services more than one year after
			 the date services were provided. At the Department's discretion, the Department
			 may choose to pay claims that are received after one year of the date the
			 medical services are provided.
(g)
			 Insufficient funds in the Fund to cover the services provided.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 84 - SEXUAL ASSAULT VICTIMS' EMERGENCY MEDICAL RESPONSE FUND › Section 137-084-0500 - Sexual Assault Examiner (SAE) and Nurse Examiner (SANE) Certification Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Attorney General establishes a Sexual Assault Examiner (SAE) and Nurse Examiner
			 (SANE) Certification Commission. The Commission is established to help ensure
			 that registered nurses, physicians and physician assistants who provide sexual
			 assault medical forensic examinations in Oregon and receive compensation
			 through the Sexual Assault Victims' Emergency Medical Response Fund established
			 by Oregon Laws 2003 c. 789 have the necessary training and qualifications to do
			 so in accordance with the best standards of care, after consultation with the
			 Attorney General's Sexual Assault Task Force.
(2) Commission members shall be appointed by
			 the Attorney General and shall serve a period of two years from time of
			 appointment. Terms may be renewed upon approval by the Attorney General.
(3) The Commission shall consist
			 of nine (9) members, one each from the following groups:
(a) One (1) Oregon Certified Sexual Assault
			 Examiner or Nurse Examiner;
(b)
			 One (1) Oregon Certified Sexual Assault Nurse Examiner representing the Oregon
			 Nurses Association (ONA);
(c) One
			 (1) Representative from the Oregon State Board of Nursing (OSBN);
(d) One (1) Emergency Room Physician
			 representing the Oregon Chapter of Emergency Physicians (OCEP);
(e) One (1) Licensed Independent Practitioner
			 (LIP) (at large);
(f) One (1)
			 Advocate;
(g) One (1) At-large
			 position;
(h) One (1) Member of
			 Law Enforcement or Prosecution; and
(i) One (1) Representative from the Forensic
			 Services Division.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 85 - ADVOCATE CERTIFICATION › Section 137-085-0060 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set out the guidelines for minimum training
				required of persons providing services to victims of domestic violence, sexual
				assault and stalking in order to be certified advocates for purposes of the
				evidentiary privilege and confidentiality requirements of HB
				3476.
Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB
				  3476
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 85 - ADVOCATE CERTIFICATION › Section 137-085-0070 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Certified
			 advocate" means a person who:
(a) Has
			 completed at least 40 hours of training in advocacy for victims of domestic
			 violence, sexual assault, or stalking that meets the minimum training
			 requirements set out in OAR 137-085-0080; and
(b) Is an employee or a volunteer of a
			 qualified victim services program.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 85 - ADVOCATE CERTIFICATION › Section 137-085-0080 - Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of HB 3476, training that is no less than a total of 40 hours and that
			 is substantially similar to subsections (2)-(4) of this rule is approved by the
			 Attorney General.
(2) Training
			 shall be comprised of a minimum of 40 hours.
(3) At least 26 hours of the training shall
			 cover each of the following topics:
(a)
			 Dynamics of domestic violence;
(b)
			 Dynamics of sexual assault;
(c)
			 Dynamics of stalking;
(d)
			 Anti-oppression, anti-racism, cultural competency theory and practice;
(e) Effects of trauma on survivors
			 and family members;
(f) Adults
			 molested as children;
(g) Effects
			 of exposure to violence on children;
(h) Dynamics of domestic violence abusers;
(i) Dynamics of sexual offenders;
(j) Vicarious traumatization and
			 self-care;
(k) Advocacy and crisis
			 response;
(l) Confidentiality and
			 privilege;
(m) Advocacy skills;
(n) Working with system-based
			 partners and other service providers.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 85 - ADVOCATE CERTIFICATION › Section 137-085-0090 - Training Records

Current through Register Vol. 63, No. 7, July 1, 2024
Each qualifying victim services program shall maintain a roster
				of advocates who have completed the minimum training described required by OAR
				137-085-0080  and who are thus "certified advocates."
Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB
				  3476
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set out guidelines for the operation of the Oregon
				Domestic & Sexual Violence Services Fund ("the Fund") including the review
				and revision of the allocation plan mandated in ORS
				147.456 & 134.459, the
				functioning of the advisory council established in
				147.471, and the administration
				of the grant program established in
				147.465. They also describe the
				grievance procedure with regard to grant award decisions and other Fund
				activities described in
				147.468.
Stat. Auth.: ORS
				  147.465(3)
				  & 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS
				  147.450 -
				  147.471 & 2001 OL Ch. 870
				  (HB 2918)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Advisory
			 Council" is the Oregon Domestic and Sexual Violence Services Fund Advisory
			 Council, as established in ORS
			 147.471.
(2) "Allocation Plan" is the plan for
			 distributing money in the Fund that is developed pursuant to ORS
			 147.456 and
			 147.459 and periodically
			 reviewed and adjusted according to these rules.
(3) "Applicant" is an agency that is eligible
			 to apply for Oregon Domestic and Sexual Violence Services Fund money through
			 the grantmaking process carried out by the Department pursuant to ORS
			 147.465.
(4) "The Fund" is the Oregon Domestic &
			 Sexual Violence Services Fund.
(5)
			 "Fund Coordinator" is the person designated by the Department to provide
			 programmatic oversight of Oregon Domestic and Sexual Violence Services
			 Fund.
(6) "Grant term" is the
			 period from the date of an effective award until the end date or the
			 termination of such an award.
(7)
			 "Grantee" is an agency that successfully applies for and receives Oregon
			 Domestic and Sexual Violence Services Fund money through the grantmaking
			 process carried out by the Department pursuant to ORS
			 147.465.
Stat. Auth.: ORS
				  147.465(3),
				  2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS
				  147.450-
				  147.471, 2001 OL Ch. 870 (HB
				  2918)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0020 - Advisory Council

Current through Register Vol. 63, No. 7, July 1, 2024
An Advisory Council of no fewer than fifteen and no more than
				twenty members shall be selected and serve terms in accordance with ORS
				147.471 and with the by-laws
				established by the Advisory Council. Copies of the by-laws and other open
				records are available by contacting the Department.
Stat. Auth.: ORS
				  147.465(3),
				  2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS
				  147.450-
				  147.471, 2001 OL Ch. 870 (HB
				  2918)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0030 - Allocation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Frequency. An
			 allocation plan for distribution of legislatively authorized funds for the
			 upcoming or current biennium will be developed each biennium by the Advisory
			 Council. The final allocation plan must be approved by the Attorney General or
			 designee.
(2) Purpose. The
			 allocation plan shall help to accomplish one or more of the following:
(a) Increase the effective use of Fund
			 dollars;
(b) Support the greater
			 efficiency of the administration and use of grant dollars; and
(c) Further the objectives set forth in ORS
			 147.453.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0040 - Grant Program Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Frequency. An Oregon Domestic and Sexual
			 Violence Services Fund grant application packet shall be issued by the
			 Department and grant awards shall be made at least once in each biennium, so
			 long as sufficient funds are appropriated to the Fund.
(2) Eligibility to Be Awarded Grant Funds.
			 Eligible applicants for grant awards include public and private entities that
			 are recommended by the Advisory Council and approved by the Attorney General or
			 designee as part of the allocation plan. In addition to other criteria
			 established by the Advisory Council, in order to be considered eligible for a
			 grant award an applicant must be current in its financial and other reporting
			 for all previous Oregon Domestic and Sexual Violence Services Fund awards to
			 that applicant. An applicant's ability to successfully manage any previous Fund
			 awards, and a demonstrated history of program stability of two years will be
			 included in the criteria used for making Fund awards. A demonstration of
			 program stability must include:
(a) An
			 applicant's history of providing cost-effective direct services to victims of
			 domestic violence and/or sexual assault;
(b) A clear indication of support for
			 applicant's services from one or more community agencies or organizations
			 familiar with the needs of victims to be served, as well as the caliber of
			 services provided by the applicant; and
(c) Financial support of at least 10% from at
			 least one other revenue source. If an applicant cannot demonstrate stability as
			 required by paragraphs a through c of this section, in order to be eligible for
			 an Oregon Domestic and Sexual Violence Services Fund award, the applicant must
			 demonstrate that at least 25% of its financial support comes from sources other
			 than the Oregon Domestic and Sexual Violence Services Fund.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 86 - OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND › Section 137-086-0050 - Other Fund Activities

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 147.468 authorizes the
				Department to pursue a range of activities in support of Fund goals, to the
				extent that funds are available. In formulating the allocation plan, the
				Advisory Council shall consider whether funds should be allocated to these
				purposes. If the Advisory Council recommends that funds should be allocated,
				with the Attorney General's approval, such funds shall be set aside and shall
				not be included in the granting program described in 137-086-0040, above. In
				addition, the Department at its discretion may direct the Fund Coordinator to
				pursue any of these activities as part of the administrative duties of the Fund
				Coordinator.
Stat. Auth.: ORS
				  147.465(3),
				  2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS
				  147.450-
				  147.471, 2001 OL Ch. 870 (HB
				  2918)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0000 - Purpose and Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ORS 180.700 gives the Attorney
			 General authority, in consultation with an advisory committee, to adopt rules
			 that establish standards for batterers' intervention programs (BIP). OAR
			 137-087-0000  through 137-087-0100  establish those BIP standards (standards) for
			 intervention services provided to male batterers who engage in battering
			 against women. Additional rules shall be developed later to address standards
			 for intervention services for women batterers and battering in same sex
			 relationships. Nothing in these rules should be construed to prevent a BIP from
			 providing appropriate batterer intervention services to batterers who are not
			 within the scope of these rules at this time.
(2) The purposes of the standards are:
(a) To help ensure the safety of women, their
			 children and other victims of battering;
(b) To help ensure that BIPs use appropriate
			 intervention strategies to foster a batterer's stopping his violence, accepting
			 personal accountability for battering and personal responsibility for the
			 decision to stop, or not to stop, battering; and to promote changes in the
			 batterer's existing attitudes and beliefs that support the batterer's coercive
			 behavior;
(c) To help ensure that
			 BIPs address all forms of battering;
(d) To help ensure that BIPs are culturally
			 informed and provide culturally appropriate services to all
			 participants;
(e) To help ensure
			 egalitarian and respectful behavior by BIP staff toward women and men of all
			 races and cultures;
(f) To help
			 ensure that BIPs provide services that are affordable and accessible for
			 participants, including participants with disabilities;
(g) To provide a uniform standard for
			 evaluating a BIP's performance;
(h)
			 To encourage practices, based on consensus of research and proven field
			 experience, that enhance victim safety;
(i) To foster local and statewide
			 communication and interaction between BIPs and victim advocacy programs, and
			 among BIPs; and
(j) To help ensure
			 that BIPs operate as an integrated part of the wider community response to
			 battering.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 137-087-0000  through 137-087-0100, the
				following terms have the meanings set forth below.
(1)"Batterer" means:
(a) An adult male 18 years of age or older
			 who engages in "battering" against women; or
(b) A male minor criminally convicted as an
			 adult of conduct against women that constitutes "battering" in whole or in
			 part.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0010 - Integration With Total Community Response to Domestic Violence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) BIP in Wider
			 Community Response. A BIP shall be part of a wider community response to
			 battering and not a "stand alone" form of response. A BIP shall interface with
			 VPs, the Council, the criminal justice system including the LSA, other BIPs,
			 members of the Council, and entities recommended to be part of the Council in
			 OAR 137-087-0005(5), to achieve the following objectives:
(a) Increase victim safety and batterer
			 accountability and responsibility;
(b) Increase BIP coordination and
			 communication with the criminal justice system, VPs, other BIPs, and all other
			 entities involved in the total community response to domestic
			 violence;
(c) Decrease the
			 likelihood that a lack of communication between BIPs and other representatives
			 in the community response to domestic violence will jeopardize victim safety or
			 be used by the batterer to manipulate the response system;
(d) Increase the likelihood that BIPs are not
			 working at cross-purposes with other agencies serving domestic violence and
			 sexual assault victims and offenders;
(e) Increase the likelihood that BIPs are
			 providing services representing best practices;
(f) Promote community beliefs and attitudes
			 that discourage battering; and
(g)
			 Support other programs that work to reduce or prevent battering.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0015 - Interface Standards - Victims and Current Partners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Victim/Current Partner Notification
			 Policies:
(a) A BIP shall have written
			 policies and procedures that govern BIP contact with identified victims and
			 current partners, and that adequately address the safety of victims, including
			 present and past partners. BIP policies relating to victim or partner contacts
			 shall include a policy as to how to document victim or partner contact
			 information that is consistent with OAR 137-087-0060(4)(b), and shall require
			 the segregation and protection of victim or partner contact records. A BIP
			 shall provide a VP with the opportunity to review and comment on the BIP's
			 proposed victim or partner contact policies, procedures, informational
			 materials as described in subsection (2) of this section, and any amendments to
			 those policies, procedures, and informational materials before a BIP adopts
			 them.
(b) In all BIP contacts with
			 victims or partners, the primary goal is the safety of the victim or partner.
			 Any BIP victim or partner contact procedure shall consider victim or partner
			 safety, including the risk of identifying victim location, and the risk of any
			 other unauthorized BIP disclosure of information from the victim or partner. A
			 BIP must make clear to victims any limitations on the ability of the program to
			 protect victims' information and must include information about those
			 limitations (if any) in written informational materials provided to
			 victims.
(c) A BIP shall not
			 pressure, coerce or require victims or partners to disclose any information,
			 have any future contact with the BIP or participant, or attend any BIP or other
			 program sessions, meetings or education groups as a condition of the
			 participant's involvement with the BIP.
(d) Victim or partner contact initiated by a
			 BIP normally shall be limited to the following circumstances:
(A) Notifying the victim or partner that the
			 participant has been accepted or denied admission to the BIP or if BIP
			 participation is not mandatory, that the batterer has elected not to
			 participate in the BIP;
(B)
			 Notifying the victim or partner of any conditions imposed on the participant's
			 admission to the BIP;
(C) Notifying
			 the victim or partner of the participant's attendance record;
(D) Notifying the victim or partner that the
			 participant has been suspended, discharged or terminated from the BIP;
			 and
(E) Giving the victim or
			 partner general information about the BIP, community resources, and safety
			 planning, consistent with section (2) of this rule.
(e) A BIP may adopt a victim or partner
			 contact policy that provides for victim or partner contact using a VP in any of
			 the circumstances described in section (1)(d) of this rule, or other contacts
			 requested by the BIP. This policy may be established by a formal agreement with
			 the VP.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0020 - Confidentiality of Victim and Partner Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Confidentiality. All information about or
			 from a victim or partner shall be confidential to the extent permitted by
			 law.
(2) Treatment of Information.
			 Any information about a victim or partner, including victim or partner contact
			 information, the BIP receives from any source other than the participant shall
			 be kept in a secure location separate from information about any
			 participant.
(3) Restriction of
			 Access to Information. A BIP shall restrict access to and use of victim or
			 partner information to only BIP staff who have a specific need to know the
			 information and who are accountable for their access to and use of that
			 information.
(4) Disclosure of
			 Information. Any disclosure of information about the victim or partner shall be
			 made only with the victim's or partner's authorization, or as otherwise
			 required by federal or state law or regulation, or court order.
(5) Notification of Possible Disclosure of
			 Information. If a BIP is put on notice that federal or state law or regulation
			 or court order may require the disclosure of information provided by a victim
			 or partner, the BIP shall immediately notify the victim or partner and/or the
			 appropriate VP unless such notification would endanger the safety of the victim
			 or partner.
Stat. Auth.: ORS
				  180.070 -
				  180.710
Stats. Implemented: ORS
				  180.070 -
				  180.710
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0025 - Interface Standards - Victim Advocacy Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Liaison. A BIP shall designate a program
			 staff member to serve as a liaison to at least one VP and to the Council in the
			 BIP's service area. Through the liaison, the BIP shall:
(a) Work collaboratively with VPs to help
			 ensure that victims are provided informational materials about, or are referred
			 to, a VP or other advocacy, safety planning, or assistance agencies;
(b) Provide BIP policies, procedures and
			 informational materials, and any amendment to such policies, procedures and
			 informational materials, to the VPs and Council for review and comment as to
			 whether the policies, procedures and materials help ensure the safety of
			 victims and follow best practices related to victim notification;
(c) Work cooperatively with VPs to post, in
			 appropriate locations, information about how victims can contact the BIP, LSA
			 or MA for more information about the BIP;
(d) Work cooperatively with VPs to discuss
			 and respond to VP concerns or problems related to BIP interventions with
			 batterers, or the BIP's relationship with the LSA or MA, or both; and
(e) Develop a procedure to notify VPs when
			 the BIP believes in good faith that such notification is necessary to prevent
			 or lessen an imminent threat to the health or safety of the victim or the
			 public.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0030 - Interface Standards - Criminal Justice System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation in Judicial or Corrections
			 Response. A BIP's intervention services may be part of a judicial or
			 corrections response to battering, either as a condition of probation,
			 post-prison supervision or parole, through a domestic violence deferred
			 sentencing agreement, or as otherwise authorized by law. A BIP is encouraged to
			 use the power of the criminal justice system to hold batterers accountable for
			 their battering.
(2) Liaison. A BIP
			 shall designate a program staff person to serve as a liaison to the LSA and the
			 MA. The liaison shall:
(a) Request
			 information such as court orders, protection orders, post-prison supervision or
			 parole orders and police reports;
(b) Work collaboratively with the LSA and MA
			 to facilitate coordination of BIP services with supervision requirements so the
			 BIP is not working at cross-purposes with criminal justice system requirements
			 applicable to the batterer;
(c)
			 Report to the appropriate LSA or MA, or both, any known violations of the
			 requirements of a court order, any criminal assaults, or threats of harm to the
			 victim. The BIP must make such a report in such a way that does not knowingly
			 jeopardize the safety of the victim;
(d) Report any substantial violations of the
			 programs' rules including but not limited to violations that create a risk of
			 termination to the appropriate LSA or MA, or both;
(e) Submit monthly status reports to the LSA
			 or MA about participant attendance, content of participation, any known
			 violations of court orders, protection orders, post-prison supervision or
			 parole orders, any known changes in risk factors since intake (see section
			 137-087-0060(2)(c)), and program exit summary;
(f) Report any other information requested by
			 the LSA or MA to the extent permitted by federal or state law, required by
			 court order, or authorized by the participant.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0035 - Interface Standards - Other BIPs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of sections (2)-(4)
			 of this rule is to promote accountability and completion of BIP program
			 requirements and to deter batterers from changing enrollment from one BIP to
			 another BIP to avoid accountability.
(2) Restrictions on Participant Transfer. A
			 participant may not transfer from one BIP to another BIP without the specific
			 authorization of the LSA or MA, or its agent, with supervisory responsibility
			 for the batterer.
(3) Authorization
			 to Obtain Information. After receiving a referral for a new BIP participant
			 from the LSA or MA, a BIP shall require the participant to authorize any former
			 BIP(s) to send the new BIP information about the participant's attendance,
			 participation and payment record, Accountability Plan, exit summary and
			 transfer plan. The new BIP shall promptly request the authorized information
			 from any former BIP(s).
(4) Credit
			 for Sessions. The new BIP may, but is not required to, extend credit for the
			 number of sessions attended at the former BIP; however, the participant shall
			 be required to complete all of the new BIP's program requirements before
			 program completion.
(5)
			 Participation in BIP Organizations. A BIP shall be active in local and
			 statewide BIP organizations to help:
(a)
			 Provide quality services to enhance the safety of victims;
(b) Participate in peer review that fosters
			 statewide compliance with the standards set out in these rules;
(c) Discourage practices by other BIPs that
			 do not comply with these standards;
(d) Assist in the development of
			 relationships with VPs and others in the coordinated community response to
			 domestic violence;
(e) Share
			 research results and new practices with other BIPs; and
(f) Cooperate, to the extent practicable, in
			 research on domestic violence that is approved by the Council and otherwise
			 consistent with victim or partner safety, and collaborate in the production and
			 dissemination of research findings.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0040 - Interface Standards - Social Service Interfaces

Current through Register Vol. 63, No. 7, July 1, 2024
BIP Responsibilities. To the extent reasonably practicable, a
				BIP shall:
(1) Establish a liaison
			 with the DHS office in the BIP's service area(s);
(2) Participate in and seek to join the
			 Council if a Council exists in the BIP's service area(s);
(3) Coordinate with community members to
			 provide community education and public awareness campaigns related to domestic
			 violence;
(4) Assist in training
			 professionals in the community about batterers, services for batterers and
			 accountability for batterers; and
(5) Collaborate with community
			 representatives on issues of public policy related to safety for battered women
			 and children, and intervention with batterers.
Stat. Auth.: ORS
				  180.070 -
				  180.710
Stats. Implemented: ORS
				  180.070 -
				  180.710
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0045 - Intervention Strategies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appropriate Intervention Strategies. A BIP's intervention strategies shall
			 include, but are not limited to, the following:
(a) Using a culturally specific curriculum
			 whenever possible;
(b) Increasing
			 the participant's understanding of the causes, types and effects of his
			 battering behavior;
(c) Identifying
			 beliefs that support battering;
(d)
			 Using respectful confrontation that encourages participants to challenge and
			 change their beliefs and behaviors;
(e) Addressing tactics used to justify
			 battering such as denial, victim blaming, and minimizing; increasing
			 participant recognition of the criminal aspect of his thoughts and behavior;
			 and reinforcing participant identification and acceptance of personal
			 responsibility and accountability for such tactics;
(f) Reinforcing appropriate respectful
			 beliefs and behavioral alternatives;
(g) Promoting participant recognition of and
			 accountability for patterns of controlling and abusive behaviors and their
			 impacts, and participant responsibility for becoming non-controlling and
			 non-abusive; and
(h) Ensuring that
			 the impact of battering on victims, partners and children, including their
			 safety and their right to be treated respectfully as individuals, remains in
			 the forefront of intervention work.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0055 - Culturally Informed Interventions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Familiarity with Cultural Demographics. A
			 BIP shall maintain familiarity with the cultural demographics of its service
			 area(s) to help the BIP:
(a) Anticipate the
			 various cultural backgrounds that may be represented by participants;
			 and
(b) Identify factors within a
			 particular cultural background that influence battering, or that can be used by
			 the participant to excuse the battering or by the BIP to assist the participant
			 in ending battering without using such factors as excuses for
			 battering.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0060 - Admission Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Admission Criteria. A BIP shall have
			 written criteria for accepting or refusing admission requests or referrals. An
			 applicant or referral shall be referred to as a potential participant until the
			 BIP admits the person to the BIP program. The admission criteria shall be
			 available to potential participants, staff, victims, partners and the
			 community, and shall include the following provisions:
(a) A BIP may reject any potential
			 participant the BIP deems to be inappropriate. Inappropriate potential
			 participants may include but are not limited to:
(A) Persons whose conduct causing the
			 referral or application is not battering as defined in OAR 137-087-0005(2);
			 and
(B) Persons whose behavior
			 would be disruptive to meaningful participation in the BIP.