Oregon Bulletin
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Caption: Repealing outdated OYA rules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Rules Repealed: 416-460-0000, 416-460-0010, 416-460-0020,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Subject: Repealing outdated OYA rules regarding juvenile sex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Rules Repealed: 416-600-0000, 416-600-0010, 416-600-0020,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.
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