reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 440 - YOUTH IN CUSTODY MAIL › Section 416-440-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to establish and define youth in custody (YIC) mail privileges
			 in a manner that is consistent with the Oregon Youth Authority's (OYA)
			 discharge of its statutory responsibilities and its multi-faceted mission to
			 maintain public safety, to hold YICs accountable, and to provide treatment and
			 reformation services.
(2) It is the
			 policy of OYA that its rules and policies governing the management and
			 operation of its facilities apply to all youth in custody confined in those
			 facilities, including but not limited to youth in custody who have been
			 convicted and sentenced as adults and transferred to OYA physical
			 custody.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.025,
				  419C.478,
				  420A.015,
				  420.011,
				  420.014,
				  420A.025 &
				  420A.105
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 440 - YOUTH IN CUSTODY MAIL › Section 416-440-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Immediate
			 Family Member: Legal spouse, domestic partner, parent, guardian, sibling,
			 child, aunt, uncle, grandchildren and grandparents, including foster, in-law,
			 and step relationships. Immediate family also includes the caregiver of the
			 YIC's minor child(ren).
(2)
			 Inspection: To examine or view, including reading or photocopying.
(3) Prohibited mail: Any material that
			 threatens or is detrimental to the general public, or facility/program
			 security, safety, or order, including but not limited to:
(a) Mail that contains escape plans, plans to
			 commit a criminal act or to violate facility rules, or mail that constitutes a
			 crime in or of itself or is used in the furtherance of illegal
			 activity;
(b) Sexually explicit
			 material which by its nature or content poses a threat or is detrimental to the
			 security, safety, or order of the facility or program, or facilitates criminal
			 activity;
(c) Mail sent or received
			 on behalf of another YIC;
(d)
			 Incoming mail to a confined OYA YIC from a person confined in a correctional,
			 penal, or detention institution, unless prior written authorization is received
			 from the superintendent/camp director or designee;
(e) Mail to or from identified victims,
			 including through third parties, unless prior written authorization is received
			 from the superintendent/camp director or designee;
(f) Contraband items, including but not
			 limited to weapons or explosives, medications, electronic items, negotiable
			 instruments, money, or photographs with chemical substances on the back of the
			 photograph;
(g) Unauthorized
			 business transactions, such as promotions given in exchange for purchase or
			 subscription, audio or book clubs, requests or applications for credit cards,
			 credit or deferred billing transactions;
(h) Publications deemed contraband,
			 detrimental to a YIC's reformation, or publications sent other than directly
			 from a publisher or commercial distributor; and
(i) Attachments or enclosures that are glued,
			 taped or otherwise affixed to the envelope, package, or its contents.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 440 - YOUTH IN CUSTODY MAIL › Section 416-440-0020 - Youth in Custody Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA
			 realizes it is important for YICs in its custody to maintain ties with the
			 community through written correspondence with community members, family, and
			 friends. Within the administration of its facilities and programs, OYA seeks to
			 balance the positive effects of community contact with the responsibilities and
			 values of the agency's mission.
(2)
			 All incoming and outgoing mail is subject to inspection.
(3) A YIC's right to send and receive mail
			 will be protected unless the correspondence threatens the preservation of
			 order, security, or discipline of a facility/program; poses a threat to the
			 safety of the program, public officials, or the general public; is being used
			 to further illegal activities; or at the court's direction.
(4) YIC correspondence is designated official
			 or personal.
(5) OYA will provide
			 the equivalent of three stamps per week for YICs who have no financial
			 resources to maintain ties to the community, including letters to family,
			 friends, or other persons who are involved in the YIC's life. Otherwise, no
			 limits will be placed on the amount of business or personal correspondence a
			 YIC sends or receives.
(6) Personal
			 mail may be inspected for contraband. Official mail will remain sealed but may
			 be opened and inspected for contraband in the presence of the YIC. Contraband
			 items will be removed and documented. Appropriate contents will be delivered to
			 the YIC or recipient.
(7) All mail
			 will:
(a) Be placed in an envelope or
			 appropriate packaging acceptable by the official mail carrier;
(b) Include a sending and return address on
			 the envelope or package;
(c)
			 Contain appropriate postage;
(d) Be
			 sent via the U.S. Postal Service or other official mail carriers, such as
			 Federal Express, United Parcel Service, or the state shuttle.
(A) Official correspondence may be sent using
			 U.S. postage and official carrier, or without postage using the facility's
			 internal delivery system or state shuttle mail system, depending upon the
			 intended recipient.
(B) Personal
			 correspondence must be sent via the U.S. Postal Service or other official mail
			 carrier. It is not appropriate to use the state shuttle mail system to send
			 personal correspondence.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 440 - YOUTH IN CUSTODY MAIL › Section 416-440-0035 - Prohibited Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If mail is
			 prohibited, it may be rejected by OYA staff.
(a) For YICs placed in OYA facilities, only
			 the superintendent/camp director, or specific designee, may reject a YIC's
			 mail.
(b) For YICs placed under
			 supervision in the community, only the local supervisor, or specific designee,
			 may reject a YIC's mail.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OYA will use volunteer services to enhance programs and expand
				services in its close-custody facilities, substitute care placements, and
				offices, as defined by these rules.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Close-custody
			 facility: Any OYA facility, including but not limited to youth correctional
			 facilities, work/study camps, and transition camps.
(2) Mentor program agency: Agency responsible
			 for the recruitment, supervision, and training of its volunteer
			 mentors.
(3) Office: Any
			 parole/probation office (field office) or administrative office operated by
			 OYA.
(4) OYA Volunteer Coordinator:
			 An OYA staff member assigned to coordinate the agency's volunteer services
			 program.
(5) Site Volunteer
			 Coordinator: A person assigned to coordinate volunteer services for a specific
			 OYA office or close-custody facility.
(6) Substitute care: Out-of-home residential
			 placement in the community that provides 24-hour-a-day care and treatment,
			 excluding a relative's home. Such placements include, but are not limited to,
			 foster care and contracted residential treatment programs.
(7) Volunteers: Persons who on an unpaid
			 basis provide services to OYA, including:
(a)
			 Mentors: Mature, trustworthy and experienced persons who encourage a youth in
			 custody's personal growth, offer supportive friendships, act as positive role
			 models and promote a constructive attitude and law-abiding behavior;
(b) Work Readiness Coaches: Persons who teach
			 particular skills/tasks related to employment, or provide practical work
			 experience;
(c) Students or
			 Interns: Persons enrolled in a college- or university-sanctioned program who
			 earn college credit for their activities;
(d) Tutors: Persons who work with individual
			 youth in custody to improve the youth in custody's academic performance;
			 and
(e) Religious Services
			 Assistants: Persons who assist with religious programming or
			 services.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0020 - Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
The following individuals are not considered volunteers, and
				are therefore excluded from these rules:
(1) Individuals under contract to
			 OYA;
(2) Individuals on official
			 business, such as an attorney for a youth in custody;
(3) Individuals who provide services through
			 an on-site school and are screened, trained, and supervised by school district
			 personnel; and
(4) Guests invited
			 to an OYA facility on a one-time basis for a special program. Such guests are
			 not allowed contact with youth in custody out of the sight and hearing of OYA
			 staff.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0030 - Volunteer Coordinator and Site Volunteer Coordinators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OYA Volunteer Coordinator must:
(a) Maintain an agencywide volunteer database
			 of all OYA volunteers and their service status;
(b) Manage an agency volunteer services
			 communication and recruitment plan;
(c) Coordinate the volunteer orientation and
			 training program;
(d) Oversee
			 retention of all inactive volunteer records;
(e) Administer a volunteer recognition
			 program; and
(f) Coordinate
			 volunteer applicant criminal records checks.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0040 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Volunteers
			 will be recruited from all ethnic, cultural, and socio-economic segments of the
			 community.
(2) All volunteers must
			 be screened and approved by OYA prior to providing service. OYA holds the
			 ultimate authority to approve or deny a volunteer application or continue
			 volunteer service.
(a) Applications received
			 from persons working within the juvenile justice system will be reviewed by OYA
			 for possible conflicts of interest.
(b) Applications received from OYA employees
			 will be reviewed by the OYA Human Resources Office for possible conflicts of
			 interest.
(c) Persons may not serve
			 as volunteers in a facility in which a relative or family friend is detained,
			 unless an exception is granted by OYA.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0050 - Criminal Records Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 fitness standards of OAR chapter 416, division 800 apply.
(2) OYA must conduct a criminal records check
			 of all persons seeking or granted volunteer status, as follows:
(a) Computerized record reviews of volunteer
			 applicants at the time of application.
(b) Finger-print based record reviews at the
			 time of application of applicants who may have limited-supervised or
			 unsupervised contact with youth in custody. These applicants may provide
			 limited volunteer services on a preliminary basis after a computerized criminal
			 record review pending a final fitness determination according to OAR
			 416-800-0041.
(c) All volunteers
			 must submit to a computerized criminal records check at the time of the annual
			 service evaluation. Volunteer status will be terminated if the results of these
			 criminal records checks do not meet the fitness standards defined in OAR
			 chapter 416, division 800.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0060 - Orientation and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OYA may place restrictions on volunteer service to ensure safety and security
			 of persons and facilities.
(2) The
			 OYA Volunteer Coordinator will ensure that an orientation is provided to each
			 volunteer. The orientation must include, at a minimum, the following:
(a) Safety and security procedures;
(b) Fire safety and emergency evacuation
			 plan;
(c) Responsibilities during
			 an emergency;
(d) Name of OYA staff
			 responsible to work with the volunteer and monitor duties, and the line of
			 authority in the close-custody facility or office;
(e) List of primary rules, policies and
			 protocols associated with the services provided, including, at a minimum, the
			 agency mission, confidentiality, youth in custody rights, and appropriate
			 relationship boundaries;
(f) OYA
			 expectations of the volunteer if the volunteer becomes aware of actual,
			 suspected, or alleged abuse of or by a youth in custody;
(g) Time and place to report for duty and who
			 to contact when unable to report for duty; and
(h) Tour of relevant areas of the
			 close-custody facility, office or community where the volunteer will
			 serve.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 450 - VOLUNTEER SERVICES › Section 416-450-0070 - Mentor Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service
			 delivery may be coordinated by a mentor program agency and provided by
			 volunteer mentors who interact regularly with a youth in custody in a
			 one-to-one relationship. Mentor agencies use a case management approach, with
			 follow through on each case from initial inquiry through closure. The mentor
			 program case manager screens applicants, makes and supervises the matches, and
			 closes the matches when eligibility requirements are no longer met or either
			 party decides they can no longer participate fully in the
			 relationship.
(2) Volunteer mentor
			 screening must include a written application, a criminal records check, and an
			 extensive interview.
(3) Youth in
			 custody assessment must involve a written application and interviews with the
			 youth in custody, the youth in custody's juvenile parole/probation officer
			 (JPPO), and the substitute care provider if the youth in custody is in
			 substitute care.
(4) Matches must
			 be carefully considered and based on the needs of the youth in custody;
			 abilities of volunteer mentors; OYA and the substitute care provider
			 preferences; and the capacity of program staff.
(5) The JPPO, volunteer mentor, and youth in
			 custody must initially meet to ensure the match is appropriate and clarify OYA
			 expectations.
(6) JPPO supervision
			 must be through regular contact with the volunteer mentor, youth in custody,
			 and substitute care provider when appropriate; monthly telephone contact with
			 the volunteer mentor, substitute care provider, or youth in custody during the
			 first year; and quarterly contact with all parties during the duration of the
			 match.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented:
				  420A.010
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0000 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Youth in
			 custody (YIC) responsibilities while in an Oregon Youth Authority (OYA)
			 facility include completion of school, treatment, and work program goals;
			 compliance with the facility behavior rules; and achievement of other program
			 goals set in each YIC's individual case plan.
(2) OYA has a YIC behavior management system
			 to promote responsible YIC behavior. The behavior management system must
			 provide incentives and reinforcement for responsible behavior and consistent
			 Refocus Options for negative behavior.
(3) The rules in OAR chapter 416, division
			 470 apply to all OYA close-custody facilities.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Major Behavior
			 Violation: YIC behavior that is prohibited and unacceptable within the facility
			 or program and is immediately threatening to life, health, or facility safety,
			 security or good order.
(2) Minor
			 Behavior Violation: YIC behavior that is prohibited and unacceptable within the
			 facility or program but is not immediately threatening to life, health, or
			 facility safety, security or good order.
(3) Refocus Option: An authorized response
			 to, or sanction imposed for, a YIC's inappropriate behavior.
(4) Safety Program: An intensive,
			 YIC-specific, time-limited intervention that modifies a YIC's activities to
			 focus on developing the YIC's emotion regulation and problem-solving
			 skills.
(5) Youth in custody (YIC):
			 A person in the legal and physical custody of OYA in a youth correction
			 facility; or a person in the legal custody of the Department of Corrections and
			 the physical custody of OYA in a youth correction facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0020 - Prohibited Behaviors and Refocus Options

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prohibited YIC Behaviors and appropriate
			 Refocus Options are listed on a Youth in Custody Behavior Refocus Option Matrix
			 (Exhibit 1). The Refocus Options imposed must reflect the severity of the
			 prohibited behavior.
(a) Levels Zero, One,
			 and Two YIC Prohibited Behaviors listed on the Youth in Custody Behavior
			 Refocus Option Matrix are major behavior violations.
(b) Level Three YIC Prohibited Behaviors
			 listed on the Youth in Custody Behavior Refocus Option Matrix are minor
			 behavior violations.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0030 - Behavior Violation Incident Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff must prepare an incident report
			 when they have reasonable belief that a YIC has committed a Major Behavior
			 Violation.
(2) Staff may resolve
			 Minor Behavior Violations informally without preparing an incident
			 report.
(3) Incident reports
			 prepared by staff must include, but are not limited to, the following
			 information:
(a) The specific prohibited
			 behavior committed;
(b) Any unusual
			 YIC behavior;
(c) Any
			 witnesses;
(d) Any physical
			 evidence and its disposition;
(e)
			 Any immediate action taken, including the use of physical
			 intervention;
(f) Any injury to a
			 YIC or staff; and
(g) The reporting
			 staff's name, date, and time of the report.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0040 - Behavior Violation Incident Review

Current through Register Vol. 63, No. 7, July 1, 2024
A review must occur after an incident report is written
				alleging that a YIC has committed a Major Behavior Violation.
(1) The superintendent, camp director, or
			 designee must review a behavior violation incident report within 24 hours,
			 excluding weekends and holidays, of the time the violation report is written.
			 The review must be completed without unreasonable delay unless there are
			 exceptional circumstances for delaying the review.
(2) The reviewer must be a staff member who
			 was not involved in the incident.
(3) The reviewer may investigate or cause an
			 investigation of the related incident if, in the reviewer's opinion, the
			 Refocus Option appears excessive or inappropriate, or to clarify reported
			 facts.
(4) Administrative
			 notifications of the related incident must be made according to OYA policy and
			 procedure.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 470 - YOUTH IN CUSTODY PROHIBITED BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS › Section 416-470-0050 - Youth in Custody Notification and Grievance Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to OAR 416-470-0020(4), staff
			 must notify each YIC in writing promptly after the YIC's initial arrival at an
			 OYA facility of the following:
(a) The YIC's
			 rights and responsibilities;
(b)
			 The process to access the OYA complaint hotline; and
(c) Locations of YIC grievance and
			 communication forms.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of these rules will be applied to youth in custody who are placed in OYA
			 facilities. "Youth in custody" means a person in the legal and physical custody
			 of OYA in a youth correction facility; or a person in the legal custody of the
			 Department of Corrections and the physical custody of OYA in a youth correction
			 facility.
(2) Federal laws allow
			 all persons to hold individual religious beliefs. Youth in custody maintain
			 this same right. While OYA will make every reasonable effort to allow youth in
			 custody to practice the religion of their choice, OYA may restrict religious
			 practice when:
(a) There is a compelling
			 interest to do so, including but not limited to legitimate security and
			 operational considerations such as safety, health and order; rehabilitation or
			 treatment-related issues; or limitations of resources; and
(b) The imposed limitation is the least
			 restrictive means of addressing the compelling interest.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0010 - Religious Program Coordinator

Current through Register Vol. 63, No. 7, July 1, 2024
Each OYA facility will designate a Religious Program
				Coordinator who coordinates religious activities within the
				facility.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0020 - Religious Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA
			 will provide youth in custody the opportunity for reasonable access to
			 religious practice that includes, but is not limited to:
(a) Regular religious services and
			 ceremonies, including access to religious items; and
(b) Special ceremonies, holiday services,
			 sacraments, and expression including, but not limited to:
(A) Religious requirements relating to head
			 or facial hair consistent with the facility rules on hygiene and
			 grooming;
(B) Wearing or carrying a
			 religious emblem, medal, medallion or other religious item (e.g., medicine
			 pouch, religious medal, rosary, prayer feather);
(C) Burning odor or smoke-producing
			 substances (e.g., sage, sweet grass, and incense);
(D) Individual and group pastoral counseling
			 (in a native language where possible);
(E) Religious or spiritual group
			 meetings;
(F) Religious moral
			 instruction; and
(G) Dietary
			 accommodations, including dietary restrictions or special handling of
			 food.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0030 - Religious Volunteers

Current through Register Vol. 63, No. 7, July 1, 2024
Persons in the community who represent a particular faith or
				belief may be used to provide services within OYA facilities only when prior
				authorized by OYA. Such authorization includes, but is not limited to:
(1) Completion of the OYA volunteer
			 application, screening, criminal history review, and training process as
			 defined in OYA rules, policies and procedures; and
(2) Screening of the individual's
			 qualifications to provide religious instruction or activities, including, but
			 not limited to:
(a) Whether the person is
			 ordained, certified, licensed, or equivalent;
(b) Whether the person is affiliated with an
			 established church or religion; and
(c) Whether the person has sufficient
			 standing in the religion to provide religious education or guidance.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0040 - Youth in Custody Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 youth in custody desiring to participate in a religious activity that is not
			 currently available within the facility may request to do so by submitting to
			 the Religious Program Coordinator a completed request with the following
			 information:
(a) The name of the religion or
			 belief;
(b) The title of religious
			 activity requested; and
(c) A brief
			 description of the religious activity including:
(A) The significance of the activity in the
			 practice of the religion;
(B) How
			 often or under what circumstances the religious activity would be held if it
			 were taking place in the community;
(C) Minimum time and any physical
			 requirements within which the religious activity may take place, including
			 those of any defined segments of the activity;
(D) Any materials that are required for the
			 religious activity and their purpose or use, including a list of any items
			 associated with the religious activity that the youth in custody would retain,
			 if any;
(E) The title (if any),
			 function, and eligibility requirements for participants in the activity;
			 and
(F) The name, address, and
			 phone number of a religious representative who can verify the above
			 information.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0050 - Religious Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 intake, a youth in custody may designate any or no religious orientation as a
			 preference.
(2) After this initial
			 declaration of faith, a youth in custody may officially record a change of
			 faith only one time in any subsequent four months.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0060 - Activity Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each OYA
			 facility will designate an area(s) appropriate for the conduct of approved
			 religious activities.
(2) All areas
			 are subject to search in accordance with OYA rule, policy, and procedure, and
			 in a manner that reflects an awareness of and sensitivity to individual
			 religious beliefs and practices.
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0070 - Religious Items

Current through Register Vol. 63, No. 7, July 1, 2024
Items required for the conduct of a religious activity may be
				purchased and supplied by the OYA, or donated by a religious representative,
				religious volunteer, or other approved source at the discretion of the
				OYA.
(1) All items utilized in
			 religious practices are subject to search by OYA staff prior to introduction
			 into the facility. Staff conducting such search will do so in a manner that
			 reflects an awareness of and sensitivity to the individual religious belief and
			 respect for the objects/symbols used in the religious practice.
(2)
(a)
			 Items not approved will be considered contraband and subject to
			 confiscation.
(b) Supplying
			 contraband is a felony, and the OYA will initiate criminal charges against any
			 person committing such crime.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 480 - YOUTH IN CUSTODY RELIGIOUS PRACTICE IN FACILITIES › Section 416-480-0080 - Decision Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Religious Program Coordinator will send a written decision to the youth in
			 custody. A copy will be sent to the facility Superintendent/Camp
			 Director.
(2) A youth in custody
			 may appeal a decision by submitting a letter to the facility
			 Superintendent/Camp Director within 10 calendar days after receiving the
			 denial. The Superintendent/Camp Director will collaborate with the Facility
			 Services Assistant Director and OYA Director to review the matter.
(a) Whenever there is a conflict between a
			 request for a religious practice and a facility interest, the matter will be
			 resolved by OYA in consultation with affected parties. When necessary, OYA will
			 consult with appropriate religious representatives or other authorities as
			 needed to clarify issues.
(b) The
			 decision of the OYA Director is final.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to provide guidance and direction on the use of Time-out,
			 Room-lock Other, Isolation, Safety Programs, Physical Intervention, and
			 restraint by OYA staff in the performance of their duties. These rules are
			 written to minimize the risk of injury to youth in custody and staff, prevent
			 serious destruction of state property, and meet OYA's mission.
(2) It is the policy of OYA to authorize
			 different Interventions in circumstances specified in these rules. When a
			 Time-out, Room-lock Other, Isolation, Safety Program, Physical Intervention, or
			 restraint is authorized, the type, amount, and manner of use authorized are
			 specified in these rules and OYA policy.
(3) The use of Physical Intervention and
			 restraint by OYA staff is authorized by the OYA director.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Case Plan: A
			 case plan is a formal plan with prescribed Interventions and documentation
			 requirements and is a tool to assist staff in managing cases, setting goals and
			 reviewing YICs' Interventions and progress. A case plan constitutes and
			 fulfills the requirements of the Reformation Plan as defined in ORS
			 420A.005,
			 420A.125 and
			 420A.010 and is created and
			 maintained in the statewide Juvenile Justice Information System
			 (JJIS).
(2) Intervention: The means
			 by which a YIC's negative behavior is redirected to a more acceptable level.
			 Staff Interventions are designed to alter the environment to allow the
			 individual YIC to gain self-control and develop skills to change the YIC's
			 negative behavior. The type of Intervention used directly correlates to the
			 behavior change needed.
(3)
			 Isolation: A crisis Intervention where a YIC is temporarily placed alone in a
			 room with a locked door due to the YIC's crisis behavior.
(4) OYA: Oregon Youth Authority.
(5) Physical Intervention: Direct physical
			 contact where reasonable force is applied to a YIC either to restrict movement
			 or mobility, or to disengage from harmful behavior.
(6) Room-lock Other: An Intervention where a
			 YIC is placed alone in a room with a locked door for a sleep program, medical
			 separation, or the YIC has requested Time-out in a closed or locked
			 room.
(7) Safety Program: An
			 intensive, YIC-specific, time-limited Intervention that modifies a YIC's
			 activities to focus on developing the YIC's emotion regulation and
			 problem-solving skills.
(8)
			 Security Restraints: Devices used to restrict physical activity. Security
			 restraints include, but are not limited to, handcuffs and leg irons.
(9) Time-out: A staff-supported, or
			 YIC-requested, Intervention that helps a YIC emotionally re-regulate by
			 separating the YIC from peers for a short period of time.
(10) Youth in custody (YIC): A person in the
			 legal and physical custody of OYA in a youth correction facility; or a person
			 in the legal custody of the Department of Corrections and the physical custody
			 of OYA in a youth correction facility.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0025 - Room-lock Other

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of a Room-lock Other Intervention is to place a YIC alone in a room with a
			 locked door for a sleep program, medical separation, or the YIC has requested
			 Time-out in a closed or locked room.
(2) A YIC may only participate in a sleep
			 program during normal sleeping hours. A YIC may participate in a sleep program
			 for reasons other than crisis behavior.
(3) Only Health Services staff may direct
			 physical separation of a YIC from the YIC's peers for physical health reasons,
			 and only when no other option is available. Staff must allow the YIC as much
			 social interaction and out-of-room time as medically possible.
(4) If a YIC is in Room-lock Other as part of
			 a Time-out, OAR 416-490-0031  also applies.
(5) Staff must monitor the YIC every 15
			 minutes and document observations in writing.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 & ORS
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  420A.025
Stats. Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0031 - Time-Out

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 a Time-out Intervention is to temporarily separate a YIC from the YIC's peers
			 due to the YIC's emotional dysregulation until the YIC is emotionally
			 regulated. The YIC must return to regular activities once the YIC is
			 emotionally regulated.
(2) Time-out
			 must not be used as punishment, as a convenience or substitute for staff
			 supervision, or a substitute for individualized treatment. Time-out may be
			 staff-suggested, or YIC requested. A YIC's participation in a Time-out is
			 voluntary.
(3) Staff must monitor
			 the YIC every 15 minutes for well-being and possible rejoining with peers. The
			 monitoring must be documented in writing.
(4) A Time-out incident must not exceed four
			 consecutive hours.
(5)
			 Notwithstanding 416-490-0031(4), incidents of Time-out that continue into
			 normal sleeping hours must only be continued as incidents of Room-lock Other,
			 and must adhere to OAR 416-490-0025(2).
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420A.105 &
				  420A.108
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0032 - Isolation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 an Isolation Intervention is to remove a YIC from the facility's general
			 population to give the YIC an opportunity to self-regulate behavior, and return
			 to the general population as soon as possible.
(a) Isolation must occur in a locked,
			 individual room.
(b) Isolation must
			 only be used to manage a YIC's crisis behavior when the YIC is in danger of
			 physically harming others, where a serious threat of violence is present, or
			 violence has occurred.
(c)
			 Isolation placement must be authorized by an OYA manager.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0033 - Safety Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of a Safety Program Intervention is to manage a YIC's behavior when
			 other Interventions have been exhausted and ineffective in managing the YIC's
			 behavior within the facility's general population. A Safety Program
			 Intervention may use a combination of Room-lock Other and Isolation incidents
			 to modify routine activities such as meals, recreation, school, treatment, and
			 other programs. All incidents of Room-lock Other and Isolation must follow OARs
			 416-490-0025  and 416-490-0032.
(2)
			 A Safety Program plan must identify the routine activities to be controlled
			 that will allow a YIC to manage the YIC's behavior. The Safety Program plan
			 must include at least the following:
(a)
			 Identified modified activities;
(b)
			 When the YIC will engage in the modified activities;
(c) Where the YIC will engage in the modified
			 activities; and
(d) How the YIC
			 will engage in the modified activities.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0034 - Physical Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
Staff will use the least restrictive Physical Intervention with
				a YIC to obtain the desired behavior change.
(1) The following types of Physical
			 Intervention are prohibited:
(a) The use of
			 Interventions as coercion, punishment, or retaliation; and
(b) Physical Intervention techniques that are
			 applied to inflict physical pain, undue physical discomfort, or to restrict
			 blood circulation or breathing.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0035 - Restraint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA staff must
			 not use the following on any YIC:
(a) The
			 placement of a YIC in a prone position with arm(s) and leg(s) restrained behind
			 the back ("hogtie" position);
(b)
			 Restraint positions or techniques that are designed to inflict physical pain,
			 undue physical discomfort, or to restrict blood circulation or
			 breathing;
(c) Chemical agents;
			 or
(d) Chemical
			 restraints.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES › Section 416-490-0050 - Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Preliminary
			 Review:
(a) All use of Physical Intervention
			 and restraint incidents require a preliminary review within 48 hours, excluding
			 weekends and holidays by a facility manager.
(b) A preliminary review requires the
			 accumulation of all relevant information, such as reports and documents of
			 involved persons and witnesses, with a review for complete information and
			 compliance of administrative directives. Interviews may be necessary to clarify
			 or obtain relevant information.
(c)
			 Based on the preliminary review, the facility manager must document whether the
			 Physical Intervention was performed according to OYA rules and policies, and if
			 an administrative review of the incident is warranted.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreational
			 activities provide adjudicated youth with opportunities to practice social
			 skills; alleviate idleness and boredom; provide positive reinforcement; develop
			 the concepts of cooperation and sportsmanship; and improve self-esteem, health,
			 and physical conditioning.
(2)
			 Recreational activities are an integral part of an adjudicated youth's case
			 planning.
(3) OYA will work with
			 substitute care providers who serve OYA adjudicated youth in community
			 placements to ensure that adjudicated youth receive opportunities for
			 recreational activities that are provided in relation to the adjudicated
			 youth's case plan in a manner that is safe for the community, the participating
			 adjudicated youth, and supervising staff.
(4) Substitute care providers will schedule
			 and make available to adjudicated youth appropriate recreational and leisure
			 time activities, both within the residential treatment program or foster home
			 and in the community.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  419C.481,
				  419C.550,
				  419C.555,
				  419C.558,
				  420A.010 &
				  420A.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreation: Any
			 play or leisure activity in which adjudicated youth participate, either
			 structured or unstructured. Recreation activities are intended to refresh,
			 offer sport or a pastime. Recreation is all those things that a person or group
			 chooses to do in order to make leisure time more interesting, more enjoyable,
			 and more personally satisfying. Purposeful recreational activities can be used
			 to develop physical, cognitive, social, and emotional skills in juvenile
			 settings. Such activities provide positive reinforcement and provide healthy
			 pro-social alternatives to boredom and illegal behavior. Recreation develops
			 concepts of cooperation and sportsmanship.
(2) Substitute care placements: Any of the
			 out-of-home care and treatment programs authorized by OYA to serve adjudicated
			 youth in OYA custody, including contracted residential treatment programs and
			 certified foster homes. Substitute care placements exclude OYA's close-custody
			 facilities.
(3) Substitute care
			 providers: Persons authorized by OYA through contract or other written
			 agreement to provide supervision and care for adjudicated youth on parole or
			 probation status in the community. Such persons include, but are not limited
			 to, contracted residential treatment providers and certified foster parents
			 (including respite providers).
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  419C.481,
				  419C.550,
				  419C.555,
				  419C.558,
				  420A.010 &
				  420A.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0020 - General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Court
			 order establishes OYA's authority as legal custodian or guardian of adjudicated
			 youth committed to the legal custody of OYA and placed on parole or probation
			 status in substitute care placements, making OYA responsible for their general
			 care and supervision. As part of that authority, OYA works in coordination with
			 the substitute care provider to ensure appropriate substitute care and
			 treatment is provided.
(a) Substitute care
			 providers will comply with Department of Human Services (DHS) licensing
			 standards, written contracts or agreements with OYA or other agencies, and OYA
			 policies that discuss the provision of recreational activities.
(b) Substitute care providers will develop
			 written procedures that detail the process for risk assessment, activity
			 planning and approval, according to the standards defined in these rules and
			 OYA policy.
(c) Substitute care
			 providers will provide training to their staff to ensure compliance with the
			 standards discussed in these rules and OYA policy.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0030 - Activity Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Substitute care providers will plan, organize and supervise a variety of
			 activities, in accordance with DHS licensing standards, and/or the provisions
			 of contracts or other written agreements.
(2) The planned activity will be consistent
			 with the adjudicated youth's case plan.
(3) Prior to the activity, substitute care
			 providers, OYA, the adjudicated youth, and the adjudicated youth's
			 parent/guardian, where applicable, will acknowledge the risk and approve the
			 adjudicated youth's participation.
(4) Substitute care providers will plan for
			 emergency situations, including planning for participants' medical needs and
			 response procedures if an emergency should occur.
(5) During the activity, substitute care
			 providers will provide supervision appropriate to the type of activity,
			 experience of the group, environment and conditions in which the activity takes
			 place, experience level of staff, and the nature of the venue where the
			 activity will occur.
(6) Substitute
			 care providers and OYA staff will ensure that the risk assessment discusses
			 activity restrictions detailed in these rules and OYA policy.
(7) At the conclusion of the approved
			 activity, substitute care providers will review the risk assessment to
			 determine any changes necessary to policies and procedures based on the
			 outcomes noted from the activity.
(8) Any incident that occurs during any
			 recreational activity will be shared with OYA according to OYA
			 policy.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  419C.481,
				  419C.550,
				  419C.555,
				  419C.558,
				  420A.010 &
				  420A.892