reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0040 - Risk Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 activities involve some level of risk. Prior to participation in recreational
			 activities, OYA staff and the substitute care provider will engage in a process
			 to assess the risk of the activity, introduce measures to control those risks,
			 and inform persons about the risks. The risk assessment will include, at a
			 minimum, the following components:
(a)
			 Description of the planned activity.
(b) Purpose or goal of the
			 activity.
(c) Description,
			 location, and timelines of the activity.
(d) Identification of known or possible
			 hazards and precautions and/or safety to offset those hazards.
(e) Travel and lodging needs.
(f) Emergency precautions, including a
			 description of emergency gear that the substitute care provider will have on
			 hand, and a communication plan.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 500 - RECREATIONAL ACTIVITIES FOR ADJUDICATED YOUTH IN SUBSTITUTE CARE PLACEMENTS › Section 416-500-0050 - Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons who
			 transport adjudicated youth must:
(a) Have a
			 valid driver's license and insurance;
(b) Comply with the provisions of state law,
			 including the use of seatbelts; and
(c) Be authorized by OYA to provide the
			 transportation.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA seeks to ensure community safety,
			 adjudicated youth accountability and adjudicated youth reformation by providing
			 adjudicated youth foster care as an integral part of its continuum of services.
			 OYA provides foster care for adjudicated youth who are 12 years of age through
			 the age of 24. These rules establish OYA foster care standards for:
(a) The certification and re-certification
			 process for foster parents;
(b) The
			 standards that foster parents must meet while providing adjudicated youth
			 foster care services under the OYA Foster Care Program; and
(c) The process by which a certification to
			 maintain an adjudicated youth foster home may be placed on inactive referral
			 status, terminated, suspended, or revoked.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0020 - Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA seeks to
			 recruit individuals who meet or exceed the qualifications described in these
			 rules to provide foster care services to adjudicated youth. OYA further seeks
			 to retain qualified foster parents who continue to provide an important
			 component of the OYA service delivery system to adjudicated youth. In order to
			 accomplish these objectives and to ensure that adjudicated youth receive
			 services in a safe, respectful, rehabilitative, and positive atmosphere, OYA
			 has developed a thorough certification process.
(2) The certification process is a
			 partnership between the applicant or foster parent and OYA. The process allows
			 for individuals interested in providing adjudicated youth foster care services
			 to ask questions about foster care standards, foster parent qualifications,
			 foster home qualifications, and supervision of adjudicated youth and it allows
			 OYA to assess the willingness, abilities, and suitability of applicants to
			 provide such foster care services. The process also allows foster parents to
			 review the prior year during the re-certification process and allows OYA to
			 re-assess the foster parent's continued qualification, willingness, and ability
			 to provide services.
(3) The
			 granting of an Adjudicated Youth Foster Home Certificate is not a guarantee
			 that adjudicated youth will be placed in the foster home.
(4) OYA has a responsibility to Oregonians to
			 manage its resources within available funds. When the OYA director or designee
			 determines that funding for these resources is jeopardized or otherwise not
			 available, the OYA director may suspend recruitment of new foster home
			 resources in areas where the availability of foster homes exceeds the need for
			 placements.
(5) Relative foster
			 care applicants: An adjudicated youth foster home may be maintained by a person
			 related to the adjudicated youth by blood or marriage when financial need can
			 be determined by OYA. OYA must review potential relative foster care applicants
			 to determine if there is a true financial need in order to provide the
			 adjudicated youth room, board, clothing, allowance, personal incidentals,
			 transportation, educational supplies, and other costs approved by OYA. Relative
			 foster parents are bound by the same rules and expectations as foster parents
			 who are not relatives.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0030 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants for initial certification must:
(1) Complete and submit all forms required by
			 OYA;
(2) Participate in home
			 studies as required by OYA; and
(3)
			 Provide all information required by OYA to verify compliance with these rules,
			 including, but not limited to:
(a) Name(s),
			 alias, gender, address, birth date, social security number, and Oregon driver's
			 license number of all applicants and members of the household;
(b) Names and addresses of at least four
			 persons, three of whom are unrelated to the applicant, who have known the
			 applicant for two years or more and who can attest to the applicant's ability
			 to provide care and supervision to adjudicated youth. If applicants are
			 applying for joint certification, each applicant must provide at least two
			 different references unrelated to the applicant, who have known the applicant
			 for two or more years, and who can attest to the applicant's ability to provide
			 care and supervision to adjudicated youth. OYA may also contact schools,
			 employers, adult children of the applicant(s), and other persons who can attest
			 to the applicant's ability to provide care and supervision to adjudicated
			 youth;
(c) A statement as to
			 whether the applicant or any member of the household has ever operated or
			 currently is operating a licensed or certified care facility or foster home and
			 reasons for the termination or closure of that license or
			 certification;
(d) Documentation
			 from the applicant and all members of the household regarding all criminal
			 arrests, all charges, and all convictions including juvenile delinquency
			 arrests, adjudications, restraining or protective orders, and charges, the
			 dates of offenses, and the resolution of those matters;
(e) Documentation from the applicant and all
			 members of the household regarding all allegations, charges, or investigations
			 of abuse or neglect of a vulnerable person or adjudicated youth, with dates,
			 locations, and resolutions of those matters;
(f) A statement fully disclosing all
			 information or conditions which may disqualify the applicant or applicant's
			 home from certification;
(g) A
			 signed release of confidential information allowing OYA to release and exchange
			 information with Oregon Department of Human Services, including but not limited
			 to, about whether there is an ongoing investigation involving the applicant or
			 member of the household, or a finding of substantiated allegations of abuse or
			 neglect by the applicant or member of the household, related to a vulnerable
			 person or adjudicated youth; and
(h) Proof of sufficient income to meet the
			 needs and ensure the financial stability of the household, independent of the
			 foster care reimbursement. OYA must request current financial records which may
			 include copies of pay stubs, W-2 forms, or recent tax returns as proof of
			 income.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0035 - Application Process for Re-certification

Current through Register Vol. 63, No. 7, July 1, 2024
A foster parent applying for re-certification must:
(1) Complete and submit all forms required by
			 OYA;
(2) Provide information as
			 requested by OYA to verify compliance with these rules;
(3) Participate in home studies as required
			 by OYA;
(4) Provide documentation
			 from the foster parent and all members of the household regarding all criminal
			 arrests, all charges, restraining orders, and all convictions during the
			 preceding year including juvenile delinquency arrests, adjudications, or
			 charges, the dates of offenses, and the resolution of those matters;
(5) Provide documentation from the foster
			 parent and all members of the household regarding all allegations or charges of
			 abuse or neglect of vulnerable persons and adjudicated youth, with dates,
			 locations, and resolutions of those matters;
(6) Provide proof of sufficient income to
			 meet the needs and ensure the financial stability of the household, independent
			 of the foster care reimbursement. OYA must request current financial records
			 which may include copies of pay stubs, W-2 forms, or recent tax returns as
			 proof of income; and
(7)
			 Participate in a criminal records check process, as defined by these rules and
			 OAR chapter 416, division 800.
(a) OYA
			 requires a criminal records check of all members of the household 18 years of
			 age and older.
(b) The criminal
			 records check of new members of the household must occur prior to the new
			 member of the household establishing the foster home as a residence.
(c) OYA requires a computerized criminal
			 records check for members of the household 12 through 17 years of
			 age.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0040 - Foster Parent Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants must:
(1)
			 Be at least 21 years of age;
(2)
			 Meet the qualifications and standards described in these rules and OAR chapter
			 416, division 800;
(3) Certify in
			 writing that the applicant meets the qualifications and standards described in
			 these rules and OAR chapter 416, division 800 and has disclosed all potentially
			 disqualifying information to OYA;
(4) Be a citizen or lawful permanent resident
			 of the United States;
(5)
			 Demonstrate the following personal qualifications:
(a) Be a responsible, stable, emotionally
			 mature adult who exercises sound judgment and displays the capacity to meet the
			 mental, physical, and emotional needs of adjudicated youth placed in foster
			 care;
(b) Understand the behaviors
			 of adjudicated youth;
(c) Have
			 knowledge and understanding of non-punitive discipline and ways of helping an
			 adjudicated youth build positive personal relationships, self-control, and
			 self-esteem;
(d) Have respect for
			 an individual's values, lifestyle, philosophies, sexual orientation, gender
			 identity, religion, and cultural heritage;
(e) Be able to realistically evaluate which
			 adjudicated youth they can accept, work with, and integrate into their
			 family;
(f) Have a support network
			 that could include family, friends, the neighborhood, and the community;
			 and
(g) Provide appropriate
			 supervision to ensure community safety.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0050 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The selection of individuals to provide
			 foster care services to adjudicated youth is based on a number of criteria, not
			 the least of which is the criminal records check on each foster parent, foster
			 parent applicant, and member of the household.
(a) Such records include but are not limited
			 to a founded disposition of abuse or neglect of a vulnerable person documented
			 in a state registry.
(b) If an
			 applicant or member of the household has a documented incident that resulted in
			 an "unable to determine" disposition by the Oregon Department of Human Services
			 or by another state agency beyond Oregon, OYA must require the applicant or
			 member of the household prove that the applicant or member of the household
			 does not pose a risk to the safety, health, or well-being of any adjudicated
			 youth placed in the applicant's home.
(c) Applicants denied foster care
			 certification or recertification as a result of a criminal record check must be
			 provided written notice and may request a contested case hearing described in
			 OAR 416 Division 800.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0060 - Foster Parent Duties and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Governance
(a) Foster parents must comply with the
			 standards of these rules and OYA procedures, including rules applicable to
			 applicants.
(b) Foster parents must
			 abide by the responsibilities described in the OYA Adjudicated Youth Foster
			 Home Agreement. This agreement must be signed at the time of initial
			 certification and annually, thereafter.
(c) Foster parents must provide care and
			 supervision in accordance with the adjudicated youth's individual case
			 plan.
(d) Foster parents must not
			 leave adjudicated youth unsupervised in the foster home, except with prior
			 written approval by the adjudicated youth's JPPO and Certifier specifying
			 circumstances and length of time the adjudicated youth may be
			 unsupervised.
(e) Foster parents
			 must allow OYA access to the home, adjudicated youth, and foster care records,
			 for the purpose of ongoing compliance monitoring.
(f) If a foster parent receives information
			 that an adjudicated youth has been suspected or identified as a sex trafficking
			 victim, the foster parent must immediately report the information to the Oregon
			 Department of Human Services hotline, law enforcement, the Certifier, and the
			 adjudicated youth's JPPO.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0070 - Standards for the Foster Home

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
(a) Schools, recreation, religious
			 activities, medical care, and cultural activities must be accessible to
			 adjudicated youth in the foster home.
(b) If care is to be provided to one or more
			 developmentally disabled or physically impaired adjudicated youth, OYA must
			 consult with the relevant professionals to identify necessary accommodations to
			 the foster home and ask the foster parent to implement the necessary
			 accommodations prior to placement.
(A) OYA
			 must coordinate the accommodations to the foster home.
(B) If the foster parent refuses to make the
			 necessary accommodations, the adjudicated youth must not be placed into the
			 foster home.
(c) Foster
			 homes must have a working telephone with service. Foster parents must secure an
			 alternative phone service within 24 hours of any disruption of existing phone
			 service and communicate the new telephone number to the Certifier.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0080 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any exceptions to OAR 416-530-0000  through 416-530-0090  must be reviewed and approved or denied by the OYA
			 Community Services assistant director.
(a) A
			 Certifier must submit a written exception request, state the need for the
			 exception, and sign the request.
(b) The OYA Community Services assistant
			 director must evaluate each request for an exception on its own merits to
			 determine whether the exception is supported by a written plan adequate to
			 ensure the safety of adjudicated youth in the placement. Granting an exception
			 does not set a precedent that must be followed by the OYA Community Services
			 assistant director when evaluating subsequent requests for
			 exceptions.
(c) In evaluating a
			 request for an exception, the OYA Community Services assistant director must
			 consider, among other factors, the ratio of adults to adjudicated youth; the
			 level of supervision available; the foster parent's skill level; and the needs
			 of other children in the home.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0090 - Denial, Suspension, and Revocation of Adjudicated Youth Foster Home Certification or Re-Certification; Inactive Referral Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Denial.
(a) OYA may deny an application for an
			 adjudicated youth foster home certification or re-certification if an applicant
			 or foster parent fails to meet any of the criteria set forth in these rules, or
			 does any of the following:
(A) Falsifies an
			 application, either knowingly or inadvertently, by providing inaccurate
			 information or by omitting information;
(B) Fails to provide information requested by
			 OYA within the time frame set by OYA; or
(C) Fails to inform OYA of conditions that
			 could disqualify the foster parent or the foster home from
			 certification.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0100 - Certification Standards for Private Child-caring Agencies: Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth standards specific to OYA's relationship
				with Private Child-caring Agencies that contract with OYA and offer residential
				care programs in a foster home model, hereafter called "adjudicated youth
				proctor homes."
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0110 - Certification Standards for Private Child-caring Agencies: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjudicated youth proctor home: A home in
			 the community that is maintained and lived in by a proctor parent who provides
			 care, supervision, food, and lodging on a 24-hour basis for an adjudicated
			 youth in that home certified by OYA and the Private Child-caring Agency, as
			 defined by OAR chapter 416, divisions 335, 530, 550 and 800.
(2) Child-caring Agency: An agency or
			 organization providing residential care including, but not limited to, foster
			 care or residential treatment for children; outdoor youth programs, or other
			 similar services for children, as defined in OAR chapter 410, division
			 170.
(3) Private Child-caring
			 Agency: A Child-caring Agency that is not owned, operated, or administered by
			 any governmental agency or unit.
(4) Private Child-caring Agency employee: An
			 individual applying for a position with a Private Child-caring Agency or having
			 a position and being considered for an assignment within a Private Child-caring
			 Agency.
(5) Proctor parent: A
			 person co-certified by OYA and a Private Child-caring Agency in accordance with
			 the provisions of OAR 416-530-0100  through 416-530-0170  and employed by the
			 Private Child-caring Agency.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0125 - Certification Standards for Private Child-caring Agencies: Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proctor
			 parents are recruited, trained, paid, and supported by a Private Child-caring
			 Agency and monitored by a Private Child-caring Agency's professional staff.
			 Proctor parents are co-certified by OYA and the Private Child-caring
			 Agency.
(2) A Private Child-caring
			 Agency must not place adjudicated youth in an adjudicated youth proctor home
			 without a current, valid adjudicated youth proctor home certification issued by
			 OYA.
(3) In addition to compliance
			 with OAR chapter 416, division 530, Private Child-caring Agencies and their
			 adjudicated youth proctor homes must comply with the following provisions:
(a) Licensing standards of the Oregon
			 Department of Human Services, or other agency recognized by the state of Oregon
			 to issue a license for services;
(b) Contractual agreements between the
			 Private Child-caring Agency and OYA;
(c) Intergovernmental agreements between OYA
			 and other agencies, as applicable;
(d) Upon request by OYA, applicants must
			 submit to OYA a signed release of confidential information allowing OYA to
			 release to the Oregon Department of Human Services and the Child-caring Agency
			 information, including but not limited to, whether there is an ongoing
			 investigation involving the applicant or member of the household, or a finding
			 of substantiated allegations of abuse or neglect by the applicant or member of
			 the household, related to a vulnerable person or adjudicated youth;
			 and
(e) In order to ascertain and
			 obtain compliance with the standards of OAR chapter 416, division 530, OYA may
			 examine the records and files of the Private Child-caring Agency, inspect the
			 physical premises of the adjudicated youth proctor home and property, and
			 interview adjudicated youth, Private Child-caring Agency employees, proctor
			 parents, and persons in the community.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0130 - Certification Standards for Private Child-caring Agencies: General Provisions for Proctor Parents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Private
			 Child-caring Agency must ensure that its proctor parents meet the standards set
			 out in these rules and OAR chapter 416, division 800.
(2) The Private Child-caring Agency must
			 provide structured supervision 24 hours per day, seven days a week, to
			 adjudicated youth placed in adjudicated youth proctor homes. The Private
			 Child-caring Agency must provide specific proctor parent support services that
			 enhance a proctor parent's ability to successfully meet the supervision needs
			 of adjudicated youth placed by OYA.
(3) Under no circumstances may OYA
			 adjudicated youth reside with youth served under the Private Child-caring
			 Agency's other programs, including private pay placements and placements of
			 youth from out-of-state, except for adjudicated youth placed through Interstate
			 Compact with courtesy supervision provided by OYA.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0140 - Certification Standards for Private Child-caring Agencies: Adjudicated Youth Proctor Home Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Private
			 Child-caring Agency must ensure that its adjudicated youth proctor homes meet
			 the standards of OAR chapter 416, divisions 335, 500, 530 and 800.
(2) The Private Child-caring Agency must
			 develop and maintain written agreements with proctor parents. These agreements
			 must be approved by OYA prior to placement of OYA adjudicated youth in the
			 adjudicated youth proctor home and must address the following supervision
			 responsibilities and reporting requirements.
(a) Supervision responsibilities.
(A) Proctor parents may, with the Private
			 Child-caring Agency's prior written consent, schedule 48 hours per month of
			 time away from adjudicated youth care responsibility.
(B) At least one certified proctor parent or
			 certified respite provider must be on premises at all times that youth
			 adjudicated are present in the home.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0150 - Certification Standards for Private Child-caring Agencies: Combination of Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) below, the Private Child-caring Agency or its
			 adjudicated youth proctor homes must not care for individuals on a commercial
			 basis, or accept any person for placement from any source other than
			 OYA.
(2) If such combination of
			 care is approved in writing by OYA, the provisions of interagency agreements
			 must be met in addition to the applicable statutes, administrative rules, and
			 policies of all agencies involved.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0160 - Certification Standards for Private Child-caring Agencies: Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
In order for OYA to monitor for continued compliance with these
				standards, the Private Child-caring Agency must ensure that OYA has the right
				of entry, privilege of inspection, and access to staff and all records of the
				Private Child-caring Agency and the adjudicated youth proctor home.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0170 - Certification Standards for Private Child-caring Agencies: Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any exceptions to OAR 416-530-0100  through 416-530-0170  must be reviewed and approved or denied by the OYA
			 Community Services assistant director.
(2) A Certifier must submit a written
			 exception request, state the need for the exception, sign the request, and
			 submit it to Foster Care Program manager for approval. If approved, the
			 exception must be submitted for final approval by the OYA Community Services
			 assistant director.
(3) Each
			 request for an exception must be accompanied by a written plan showing how the
			 safety of the adjudicated youth in placement will be ensured while the
			 exception is in effect.
(4) The OYA
			 Community Services assistant director must evaluate each request for an
			 exception on its own merits to determine whether the exception is supported by
			 a written plan adequate to ensure the safety of adjudicated youth in placement.
			 Granting an exception does not set a precedent that must be followed by the OYA
			 Community Services assistant director when evaluating subsequent requests for
			 exceptions.
(5) In evaluating a
			 request for an exception, the OYA Community Services assistant director must
			 consider, among other factors, the ratio of adults to adjudicated youth; the
			 level of supervision available; the skill level of the foster parent; and the
			 needs of other children in the home.
(6) Exceptions to rules relating to
			 significant safety risks are prohibited.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & 420.888 -
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 530 - Adjudicated Youth Foster Care Certification › Section 416-530-0200 - Certification Standards for Transitional Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule establishes standards for foster parents who offer specific
			 independent living and transitional services for adjudicated youth 16 through
			 24 years of age.
(2) Unless
			 otherwise specified in this rule, the provisions of OAR 416-530-0000  through
			 416-530-0090  and OAR chapter 416, divisions 335 and 800, apply to foster
			 parents and foster homes that provide independent living and transitional
			 services to adjudicated youth.
(3)
			 Qualifications for foster parents providing transitional care. Foster parents
			 providing transitional care must be at least 25 years of age due to the age of
			 the adjudicated youth in transitional care.
(4) Respite transitional care. When foster
			 parents who provide transitional care are absent from supervising an
			 adjudicated youth at home during the day, the adjudicated youth may remain in
			 the foster home unsupervised if approved by the adjudicated youth's JPPO,
			 Certifier, and the foster parent. If an adjudicated youth's JPPO, Certifier, or
			 foster parent determines that supervision is required, an OYA-certified respite
			 provider who is at least 25 years of age and capable of assuming transitional
			 care responsibilities must be present to supervise the adjudicated youth. Any
			 adult who is at least 25 years of age and has obtained prior approval from the
			 foster parent, JPPO, and Certifier may provide supervision of an adjudicated
			 youth in a foster home for three hours or less.
(5) Food and nutrition. Foster parents who
			 provide transitional care must:
(a) Assist
			 adjudicated youth with meal planning, and may provide meal preparation
			 instruction;
(b) Provide
			 adjudicated youth daily access to kitchen facilities to prepare meals and
			 snacks; and
(c) Assist adjudicated
			 youth to meet any special or cultural dietary needs of the adjudicated youth,
			 including those ordered by a physician.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Treatment foster care is a program for adjudicated youth and
				their families whose out-of-home treatment needs can be met through services
				delivered by treatment foster parents, or professional staff trained,
				supervised and supported by an agency. These rules set standards for the
				operation of a treatment foster care program. All agencies under contract with
				OYA to provide this service, or proposing to provide this service, must adhere
				to these rules.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.810,
				  420.815,
				  420.821,
				  420.825,
				  420.835,
				  420.840,
				  420.888,
				  420.890 &
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0020 - Overview

Current through Register Vol. 63, No. 7, July 1, 2024
Adjudicated youth appropriate for treatment foster care have
				serious emotional or behavioral disorders. The level of supervisory treatment
				and family intervention needs of these adjudicated youth is comparable to those
				served in residential treatment facilities. Treatment foster care consists
				of:
(1) A treatment foster care
			 agency/foster care treatment program with staff who give support to the
			 treatment foster parent and the adjudicated youth/family; and
(2) Treatment foster parents who implement
			 treatment strategies identified in the treatment plan in addition to carrying
			 out their regular foster care responsibilities.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.810,
				  420.815,
				  420.821,
				  420.825,
				  420.835,
				  420.840,
				  420.888,
				  420.890 &
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0030 - Treatment Foster Care Program

Current through Register Vol. 63, No. 7, July 1, 2024
A treatment foster care program must be a separately
				identifiable unit of a larger agency or be an independent agency itself:
(1) Eligibility:
(a) The program must meet standards as
			 defined in OAR chapter 416, division 530 to be eligible to be a treatment
			 foster care program;
(b) Selection
			 of a treatment foster care program will be made by the Oregon Youth Authority
			 based on current need and ability to fund the program.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0040 - Treatment Foster Parents

Current through Register Vol. 63, No. 7, July 1, 2024
Treatment foster parents serve as in-home treatment agents
				implementing strategies specified in an adjudicated youth's treatment plan
				including support of the adjudicated youth's family relationships:
(1) Qualifications and Selection:
(a) Treatment foster parent(s) must be
			 certified as an OYA foster home as defined in OAR chapter 416, divisions 530
			 and 800; and assume the responsibilities outlined in OAR chapter 416, division
			 530 in addition to the those in this rule.
(b) Treatment foster parent(s) must be
			 employees of, or have a contract with, a treatment foster care
			 program;
(c) Prospective
			 applicants, foster parent(s) and members of the household 18 years of age and
			 older will consent to a criminal record check by the agency. OYA may require a
			 criminal record check for any employee, volunteer, or other adult having
			 regular contact with adjudicated youth placed in the foster home. OYA may
			 require a criminal history on members of the household under 18 years if there
			 is reason to believe that member may pose a risk to adjudicated youth placed in
			 the home. OYA may require that the applicant(s)/foster parent(s)/member(s) of
			 the household provide fingerprints and processing fees for the purpose of a
			 criminal record check following procedures outlined in OAR chapter 416,
			 division 800.
(d) Language. At
			 least one treatment foster parent must demonstrate effective communication in a
			 language of the adjudicated youth in the treatment foster parent's care, and in
			 a language of the program/treatment team with which they work;
(e) Age. Treatment foster parents must be at
			 least 21 years of age;
(f) Health.
			 The physical health of treatment foster parents must be equal to the stress
			 inherent in the care of a special needs adjudicated youth as evidenced by a
			 physician's statement to that effect;
(g) Transportation. Treatment foster parents
			 must have access to reliable transportation. If using a car, they must have a
			 valid Oregon driver's license and document ownership of liability insurance as
			 required by law;
(h) Physical
			 Discipline. Treatment foster parents must agree not to use physical discipline
			 with adjudicated youth placed in their care and to adhere to the agency's
			 policies regarding the use of discipline generally.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0050 - Adjudicated Youth and Their Families

Current through Register Vol. 63, No. 7, July 1, 2024
Placement and Support:
(1) Matching. Placement of an adjudicated
			 youth will be made only after careful consideration of how well the prospective
			 treatment foster parent will meet the adjudicated youth's needs and preferences
			 and will represent a reasonable "match" for the adjudicated youth.
(2) Assessment. To achieve sound placement
			 decisions and planning for relevant treatment services to adjudicated youth,
			 agency/treatment foster care program staff must receive and review the
			 following case material prior to an adjudicated youth's admission: current case
			 plan(s), legal documents and relevant police records, etc., social history
			 information, previous and current (within a year of referral date)
			 psychological assessments if available, school information, medical
			 information, previous placement history and outcomes, potential problems and
			 information on the adjudicated youth's skills, interests, talents and other
			 assets.
(3) Records. For
			 adjudicated youth admitted to treatment foster care, an individual case record
			 will be kept which includes the above information as well as the following:
(a) Personal identifying
			 information;
(b) A pre-admission
			 psychological evaluation;
(c) An
			 adjudicated youth's social and family history;
(d) Educational history including school
			 reports and available standardized test results;
(e) Medical information including sight,
			 hearing and dental exam reports, current medications and allergies, adjudicated
			 youth's physical description, immunization records, medical history and
			 Medicaid/SSI number, if applicable;
(f) Authorizations for routine and emergency
			 medical care, dental care and other medical procedures;
(g) Other required authorizations such as
			 authorization for out-of-state travel, participation in special activities,
			 publicity releases, etc.;
(h)
			 Correspondence with/from agencies involved with the adjudicated
			 youth;
(i) The initial treatment
			 plan;
(j) The comprehensive
			 treatment plan;
(k) Progress
			 reports;
(l) Case notes including
			 contacts with the adjudicated youth's family/extended family;
(m) Incident logs or records on serious
			 behavior problems, police and relevant juvenile court records and reports when
			 possible, illnesses or injuries.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0070 - Program Statement

Current through Register Vol. 63, No. 7, July 1, 2024
All treatment foster care programs will have a written program
				statement which describes its mission, organizational structure, services,
				policies, record-keeping and evaluation procedures. The program statement will
				describe:
(1) The treatment foster
			 care program's treatment philosophy and the specific treatment modality(s) it
			 employs.
(2) The services the
			 treatment foster care program provides.
(3) The adjudicated youth it is designed to
			 serve with regard to age, gender, geographic service area and types of special
			 needs the program is prepared to address. Adjudicated youth served must exhibit
			 an identifiable special need.
(4) A
			 staffing pattern which allows for the intensity of service required in
			 treatment foster care and designates the individual responsible for program
			 administration.
(5) How the
			 services to be provided will reflect the cultural diversity of the community
			 and be responsive to the needs of the community.
(6) A policy assuring that the treatment
			 foster care program staff and treatment foster parents adhere to practices that
			 respect and promote positive cultural or ethnic identity.
(7) A policy on discipline and
			 physical.
(8) The plan for crisis
			 intervention procedures.
(9) The
			 protocol for investigating, responding to and reporting allegations of
			 misconduct and/or abuse by treatment foster parents, treatment foster care
			 program/agency staff, or an adjudicated youth.
(10) The policy advising adjudicated youth
			 and parents of their rights and the grievance procedures available to
			 them.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.810,
				  420.815,
				  420.821,
				  420.825,
				  420.835,
				  420.840,
				  420.888,
				  420.890 &
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 550 - TREATMENT FOSTER CARE › Section 416-550-0080 - Program Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Documentation of Service Delivery. A treatment foster care program must clearly
			 document delivery of all services described in its program statement as well as
			 compliance with all minimum operating standards described above.
(2) Individual Treatment. Treatment foster
			 care programs must document the implementation of all treatment plans and track
			 progress on all long- and short-term treatment goals throughout each
			 adjudicated youth's tenure in care.
(3) Performance Evaluations. Treatment foster
			 care programs will provide to treatment foster parents and professional staff
			 written performance evaluations at least annually which include descriptive
			 assessments of their performance of specific job responsibilities and goals for
			 improved performance.
(4) Program
			 Evaluation. Treatment foster care programs will have a program evaluation plan
			 which describes information to be collected, summarized and analyzed at least
			 annually. The plan will identify who will have access to the evaluation and how
			 it will be used. The evaluation will include demographics on current
			 adjudicated youth and their families, treatment families and professional
			 staff; aggregated information describing in-program events such as placement
			 disruptions; and a summary of information collected through follow-up tracking
			 of adjudicated youth discharged from the program. The plan also will provide
			 for periodic evaluations of program services by treatment foster parents,
			 adjudicated youth and their families.
Statutory/Other Authority: ORS
				  420A.025
Statutes/Other Implemented: ORS
				  420.810,
				  420.815,
				  420.821,
				  420.825,
				  420.835,
				  420.840,
				  420.888,
				  420.890 &
				  420.892
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 640 - ADMINISTRATIVE MEDICAL EXAMINATIONS › Section 416-640-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to describe the administrative
				medical examinations and reports authorized by the Oregon Youth Authority for
				youth in its custody who are or are potentially Medicaid-eligible (see OAR
				416-610-0000  through OAR
				416-610-0200  for
				discussion of Medicaid eligibility).
Stat. Auth.: ORS 422
Stats. Implemented: ORS 422
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 700 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 416-700-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408)),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6) - (10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Youth Authority (OYA) seeks to ensure the security and safety of the
			 adjudicated youth and others in its care and custody. OYA values excellence in
			 public service, partnerships with local communities and other agencies,
			 openness and accountability and provision of service in a fair, respectful, and
			 humane manner. As a state agency, OYA employees serve as public officials. As
			 public officials, OYA employees must adhere to ethics and boundaries described
			 in statute and agency policy. OYA expects its Volunteers, contractors, and
			 Foster Care Providers to also maintain these ethics and boundaries.
(2) These rules control how OYA accesses
			 Criminal Offender Information about a Subject Individual through Criminal
			 Records Checks and its use of that information to determine whether the Subject
			 Individual is fit to provide services to OYA as an employee, Volunteer, Foster
			 Care Provider, contractor, or vendor. The fact that OYA approves a Subject
			 Individual as fit does not guarantee the individual a position as an OYA
			 employee, Volunteer, Foster Care Provider, contractor, or vendor.
Statutory/Other Authority: ORS
				  420A.021
Statutes/Other Implemented: ORS
				  420A.010,
				  420A.020 &
				  420A.021