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Oregon Bulletin

October 1, 2011

 

Oregon Youth Authority
Chapter 416

Rule Caption: Repealing outdated OYA rules regarding juvenile sex offender treatment and assessment

Adm. Order No.: OYA 2-2011

Filed with Sec. of State: 9-7-2011

Certified to be Effective: 9-7-11

Notice Publication Date: 8-1-2011

Rules Repealed: 416-460-0000, 416-460-0010, 416-460-0020, 416-460-0030, 416-460-0040

Subject: Repealing outdated OYA rules regarding juvenile sex offender treatment and assessment.

Rules Coordinator: Winifred Skinner—(503) 373-7570

 

Rule Caption: Repealing OYA rules about HIV testing already established by law and Oregon Health Authority rules

Adm. Order No.: OYA 3-2011

Filed with Sec. of State: 9-7-2011

Certified to be Effective: 9-7-11

Notice Publication Date: 8-1-2011

Rules Repealed: 416-600-0000, 416-600-0010, 416-600-0020, 416-600-0030, 416-600-0040, 416-600-0050

Subject: Repealing OYA rules about HIV testing already established by law and Oregon Health Authority rules.

Rules Coordinator: Winifred Skinner—(503) 373-7570

 

Rule Caption: Agency certification of employees to provide mental health services to offenders in OYA facilities

Adm. Order No.: OYA 4-2011

Filed with Sec. of State: 9-7-2011

Certified to be Effective: 9-9-11

Notice Publication Date: 8-1-2011

Rules Adopted: 416-070-0010, 416-070-0020, 416-070-0030, 416-070-0040, 416-070-0050, 416-070-0060

Subject: These rules establish the Oregon Youth Authority’s (OYA) standards for certifying OYA mental health treatment employees as Treatment Services Supervisors or Qualified Mental Health Professionals (QMHP). Mental health treatment employees must be certified under these rules to provide mental health services to offenders in OYA facilities. These rules allow OYA to comply with SB 423 (2011).

Rules Coordinator: Winifred Skinner—(503) 373-7570

416-070-0010

Definitions

(1) Behavioral and Treatment Services Director: A person who leads and directs OYA clinical direction and behavioral treatment services statewide and reports to the OYA Director.

(2) Clinical Supervision: Oversight by a qualified person of mental health services and supports provided according to this rule, including ongoing evaluation and improvement of the effectiveness of those services and supports.

(3) Diagnosis: A diagnosis consistent with the most current Diagnostic and Statistical Manual of Mental Disorders (DSM).

(4) Mental Health Assessment: The written assessment by a QMHP of an offender’s mental status and emotional, cognitive, family, developmental, behavioral, social, recreational, physical, nutritional, school or vocational, substance abuse, cultural and legal functioning, concluding with a completed DSM five-axes diagnosis, clinical formulation, prognosis for treatment, treatment recommendations and plan.

(5) Mental Status Examination: An overall standardized assessment of an offender’s mental functioning and cognitive abilities.

(6) OYA: Oregon Youth Authority

(7) Qualified Mental Health Professional (QMHP): A person who provides mental health treatment services to offenders in OYA facilities.

(8) Treatment Services Supervisor: A person who provides supervision of the mental health treatment services and supports provided by a QMHP at an OYA facility.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

416-070-0020

Credentialing and Certification Process

(1) The Behavioral and Treatment Services Director is responsible for credentialing employees hired as OYA Treatment Services Supervisors and QMHPs.

(2) Treatment Services Supervisors and QMHPs must meet the requirements established in OAR 416-070-0030 as a Treatment Services Supervisor or QMHP.

(3) The Behavioral and Treatment Services Director is responsible for reviewing education, experience and competencies to determine if the individual can be certified as meeting the professional standards of a Treatment Services Supervisor or QMHP as set forth in these rules.

(4) A copy of transcripts, academic degrees, licenses, certifications, and verification forms used to record the credentialing and certification information must be retained in the Treatment Services Supervisor’s or QMHP’s personnel file.

(5) A position description must be provided to the employee describing the duties that a Treatment Services Supervisor or QMHP are certified to provide.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

416-070-0030

Qualified Mental Health Professional (QMHP) and Treatment Services Supervisor Standards

(1) A person must meet the following minimum qualifications to be certified to work as a QMHP in an OYA facility:

(a) The person is a licensed medical practitioner, or the person meets the following minimum qualifications:

(A) Holds any of the following educational degrees:

(B) Graduate degree in psychology; or

(C) Bachelor’s degree in nursing and licensed by the State of Oregon; or

(D) Graduate degree in social work; or

(E) Graduate degree in a behavioral science field; or

(F) Graduate degree in recreational, music, or art therapy; or

(G) Bachelor’s degree in occupational therapy and licensed by the State of Oregon; and

(b) Whose education and experience demonstrate the competency to identify precipitating events; gather histories of mental and physical disabilities, alcohol and drug use, past mental health services and criminal justice contacts; assess family, social and work relationships; conduct a Mental Status Examination; document a multiaxial DSM Diagnosis; write and supervise a treatment plan; draft a Mental Health Assessment and provide individual, family and/or group therapy within the scope of their training.

(2) A person must meet the following minimum qualifications to be certified to work as a Treatment Services Supervisor in an OYA facility:

(a) A graduate degree in psychology, social work, counseling, or other behavioral science; and

(b) The QMHP qualifications listed in section (1) of this rule.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

416-070-0040

Clinical Supervision of QMHP Employees

(1) A QMHP must deliver services under the direct supervision of:

(a) A Treatment Services Supervisor; or

(b) A person designated by the Behavioral and Treatment Services Director to provide clinical supervision.

(2) The Treatment Services Supervisor or person designated by the Behavioral and Treatment Services Director to provide clinical supervision must operate within the scope of his or her practice or licensure, and demonstrate the competency to oversee and evaluate the mental health treatment services and supports provided by a QMHP.

(3) Clinical supervision must be provided at least monthly for each QMHP supervised.

(4) The effectiveness of a QMHP’s mental health services will be evaluated by overseeing the QMHP’s service documentation, case planning, ethical practice, and assessment skills.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

416-070-0050

QMHP Recertification

(1) A QMHP certification issued under these rules is subject to renewal every two years.

(a) All QMHP certifications will expire on September 30. The issuance date of the certified person’s first certification will determine if the certification expires on an odd or even year. Certifications issued in odd-numbered years expire in the next odd-numbered year, and certifications issued in even-numbered years expire in the next even-numbered year.

(b) The Behavioral and Treatment Services Director will send a reminder notice to the certified person at least 30 days prior to certification expiration.

(c) A person seeking renewal of a certification must submit the following to the Behavioral and Treatment Services Director:

(A) Verification of current certification in CPR and First aid by a recognized training agency;

(B) A copy of the person’s current annual performance appraisal reflecting performance in mental health services; and

(C) Documentation of Continuing Education Credits (CEC) verifying at least 50 credit hours in the immediate preceding two years. The CEC must include the following:

(i) At least 24 hours of clinical supervision per year;

(ii) At least five hours of training pertinent to the mental health services in an OYA facility which may include OYA training, supervisor-approved completed readings, verified workshop attendance, or class participation in a graduate program focusing on mental health treatment of mental health disorders.

(2) If the person’s previous certification has expired, the person must apply for recertification by submitting the documents listed in subsection (c) of this rule to the Behavioral and Treatment Services Director. The person may not provide mental health services until the person is recertified.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

416-070-0060

Variances

(1) The Behavioral and Treatment Services Director may grant a variance to the criteria used to determine the certification status of a QMHP or Treatment Services Supervisor if the Behavioral and Treatment Services Director is able to document the reason for the variance and the proposed timeline for the variance.

(2) Signed documentation from the Behavioral and Treatment Services Director indicating support of the variance must be retained in the subject QMHP or Treatment Services Supervisor employee’s personnel file.

Stat. Auth.: ORS 420A.010, 420A.025 & SB 423 (2011)

Stat. Implemented: SB 423 (2011)

Hist.: OYA 1-2011(Temp), f. & cert. ef. 6-14-11 thru 12-1-11; OYA 4-2011, f. 9-7-11, cert. ef. 9-9-11

 

Rule Caption: Offender Welfare Accounts to benefit OYA facility offenders by enhancing offender activities and programs.

Adm. Order No.: OYA 5-2011

Filed with Sec. of State: 9-14-2011

Certified to be Effective: 9-15-11

Notice Publication Date: 8-1-2011

Rules Adopted: 416-260-0015

Rules Amended: 416-260-0010

Subject: These rules establish an Offender Welfare Account for each OYA facility to provide funds to benefit the close custody offender population and enhance offender activities and programs.

Rules Coordinator: Winifred Skinner—(503) 373-7570

416-260-0010

Purpose

(1) These rules describe how OYA establishes and maintains Offender Welfare Accounts and trust accounts for offenders in its custody.

(2) Definitions:

(a) “Offender Welfare Account” means a general account established by OYA dedicated to provide monies to benefit the close custody offender population and enhance offender activities and programs.

(b) “Care” means services provided to meet the needs of a youth offender, i.e. food, shelter, clothing, medical care, schooling, protection, supervision, etc.

(c) “Financial accounting” means a detailed accounting of money spent by OYA for care of an offender and the amount of trust money, by funding source, reimbursed to OYA for these items.

(d) “Maintenance account” means a sub-section of an offender’s trust account used to account for funds that may be used to pay for the offender’s cost of care.

(e) “Offender” means a person in the legal and physical custody of OYA either in an OYA close custody facility or placed in the community under supervision, or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close custody facility.

(f) “Special account” means a sub-section of an offender’s trust account used to account for funds received for an offender for purposes other than paying for the offender’s cost of care.

(g) “Termination of custody” means relinquishment of OYA custody as a result of a court order, the offender’s age, or transfer to a supervising authority other than OYA.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420A.030 & 420A.032, & 420A.035

Hist.: OYA 5-2001, f. & cert. ef. 4-20-01; OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11

416-260-0015

Offender Welfare Accounts

(1) OYA has established Offender Welfare Accounts for each OYA close custody facility to provide funds to benefit the close custody offender population and enhance offender activities and programs.

(2) Revenue from offender work programs, donations made to OYA for the benefit of all close custody facility offenders, and fundraisers benefiting close custody offender programs will be deposited into an Offender Welfare Account.

(3) OYA may use monies in Offender Welfare Accounts to fund a variety of programs, services and activities benefiting the close custody offender population and enhancing offender close custody facility activities and programs. Specific uses of the funds may include, but are not limited to, operations, support or enhancement of the following programs, services and activities:

(a) Recreational activities;

(b) Incentive awards;

(c) Holiday events, decorations, and gifts;

(d) Entertainment equipment and supplies;

(e) Repair of equipment purchased from an Offender Welfare Account; and

(f) Offender work or vocational program startup costs, equipment, attire, and safety supplies.

Stat. Auth.: ORS 420A.030, 420A.014 & 420A.100

Stats. Implemented: ORS 420A.030, 420A.014 & 420A.100

Hist.: OYA 5-2011, f. 9-14-11, cert. ef. 9-15-11

 

Rule Caption: Amendments to OYA’s rules on OYA facility entrance and visits with OYA facility offenders.

Adm. Order No.: OYA 6-2011

Filed with Sec. of State: 9-14-2011

Certified to be Effective: 9-15-11

Notice Publication Date: 8-1-2011

Rules Amended: 416-420-0010, 416-420-0030

Subject: OYA may now subject persons who request entrance to an OYA facility to an electronic criminal records check as part of a safety and security assessment. OYA may now deny visitation with an offender if the visiting requestor is on supervision in the community by any supervising authority or the requestor has an active warrant. A visitation denial appeal process is delineated.

Rules Coordinator: Winifred Skinner—(503) 373-7570

416-420-0010

Facility Entrance

(1) OYA acknowledges the importance of partnerships with community members, knowing that the effectiveness of those partnerships is increased when community members understand the services offered by OYA. OYA recognizes the importance of interaction between offenders in its custody with family and members of the community. Such access allows offenders to maintain contact with their families and community, and contributes to effective planning for an offender’s treatment needs.

(2) OYA will control access into and out of facilities that physically house offenders, in order to maintain the security, safety, sound order, and discipline within the facility.

(a) Approval to enter facilities is granted by the facility superintendent or camp director. This approval may be delegated according to OYA policy.

(b) Requests to enter a facility require advance notice, according to OYA policy and local operating protocol.

(c) All persons who enter OYA facilities will be supervised by staff. Individual contact with offenders is prohibited, unless specifically authorized by the facility superintendent or camp director.

(d) Persons must conform to all security and control procedures enforced at the facility. Failure to do so is grounds for refusal of entry or removal if entry has already been gained.

(A) Facility staff will notify persons of all relevant rules, policies, procedures, and protocols prior to entry into the facility.

(B) Persons may be asked to submit to a search of their person (may include use of visual inspection, metal detectors, or other electronic devices) or personal property.

(C) Persons may be subject to an electronic criminal records check.

(D) The facility will place limitations on the type of property that is allowed within the secure perimeter of the facility. Visitors will not possess or carry onto the grounds of any OYA facility explosive devices, firearms, ammunition, pocket knives, alcoholic beverages, narcotics, dangerous drugs, aerosol spray cans, or objects or material of any kind that might be used to compromise the safety and security of the facility. No cameras, tape recorders, or electronic devices are allowed without specific written authorization of the facility superintendent or camp director.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 162.135, 162.185, 419C.478 & 420A.120

Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11

416-420-0030

Visits with Offenders

(1) Prior authorization by OYA is required for all persons who request to visit an offender, in compliance with these rules and OYA policy.

(2) Staff will consider all requests from individuals who request to visit an offender and allow or deny the visit on the basis of the interests of the security and order of the facility and what would best benefit the offender. When making a determination about whether to allow visitation, staff will consider:

(a) Facility security and order;

(b) The relationship that exists between the offender and the visitor;

(c) The offender’s case plan;

(d) The goals for the visit;

(e) The offender’s wishes;

(f) Orders of the court; and

(g) The recommendation of the Department of Corrections (DOC) (for offenders in the physical custody of OYA and legal custody of DOC).

(3) Visitation with offenders is limited to those persons who are integral to the offender’s case plan. Those persons typically include:

(a) Family members, including but not limited to: parents, siblings, children of offenders, legal guardians, members of step families, surrogate parents, or grandparents;

(b) Attorney for the offender (subject to OAR chapter 416, division 150);

(c) Persons involved in treatment planning, including but not limited to mentors, transition resources, or placement options; and

(d) Other persons, as approved on a case-by-case basis.

(4) Any person may be denied visitation with an offender for the following reasons:

(a) The person does not have prior authorization to visit an offender;

(b) The person appears to be intoxicated, under the influence of a controlled substance, or otherwise behaving in an unlawful or inappropriate manner;

(c) The person has abused or may abuse an offender;

(d) The person has encouraged the offender to violate the law or disobey OYA rules, policies, procedures, or protocols;

(e) There is reasonable cause to believe the person intends to aid an offender in escaping;

(f) The person has violated OYA rules, policies, procedures, or protocols;

(g) The person has interfered with the good order, security, or operations of the facility and there is reasonable cause to believe the person will do so again;

(h) The time of the person’s visit interferes with daily programming;

(i) The visit interferes with the offender’s overall reformation;

(j) The committing court, DOC, or Community Corrections has ordered that the person not visit;

(k) The offender or the offender’s parent or legal guardian has requested that the person not visit;

(l) The person is a former OYA staff, volunteer, or contractor who engaged in an inappropriate relationship with an offender;

(m) The person is on supervision in the community by any supervising authority; or

(n) The person has an active warrant.

(5) If a request for visitation is denied, OYA will provide the requestor and the affected offender with a written statement of the determination. An offender may appeal the decision using the grievance process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may appeal the decision in writing to the facility superintendent or camp director within 30 days of receiving the written statement of the determination.

(6) Persons who visit offenders are subject to the following standards:

(a) Visitors ages 13 and older must present valid photo identification;

(b) Visitors must arrange with facility staff prior to the scheduled visitation if they wish to bring personal items or gifts to the offender;

(c) Visitors less than the age of 18 must be accompanied by his/her parent or guardian;

(d) Visitors must comply with the visitation schedule for each facility, including the day, time, and length of visit allowed, and check-in at the designated reception area;

(e) The number of visitors will be limited if space, supervision, or security require it;

(f) Visitors will wear conventional clothing in a manner which is not unduly suggestive, in accordance with facility protocol, and which does not pose a threat to the safety, security, health, treatment, or good order of the facility. Clothing that is revealing, such as shorts higher than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing that exposes the stomach, back, or other areas is prohibited. Clothing that displays or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles, insignias, or other paraphernalia associated with street gangs is prohibited. Footwear must be worn;

(g) Visitors will not exchange any object or article with an offender;

(h) Visitors will control children and remove them from the visiting area if necessary to avoid disturbing other visitors;

(i) Minor children or animals will not be left unattended in cars or on institution property; and

(j) Neither a visitor nor an offender will be permitted to visit with a person who is not specifically authorized for the current visit.

(7) Requests from media representatives to visit an offender are subject to the provisions of OAR chapter 416, division 060.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420.011, 420A.010 & 420A.125

Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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