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Oregon Bulletin

November 1, 2013

Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 2-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 9-1-2013

Rules Repealed: 413-200-0000, 413-200-0010, 413-200-0020, 413-200-0030, 413-200-0040, 413-200-0050

Subject: OAR 413-200-0000 about the purpose of response to assessment of child abuse reports in private child care agencies and private residential schools, OAR 413-200-0010 about the definitions used in these rules, OAR 413-200-0020 about the assessment of abuse, OAR 413-200-0030 about the reports of assessment of findings of abuse, OAR 413-200-0040 about protective actions during assessment of abuse, and OAR 413-200-0050 about maintaining confidentiality during the course of assessment of an allegation of abuse in licensed child caring agencies are being repealed because these assessments are no longer completed by branch caseworkers, but are conducted through the Office of Adult Abuse Prevention and Investigation under OAR 407-045-0800 through 407-045-0970.

Rules Coordinator: Annette Tesch—(503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 3-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 9-1-2013

Rules Repealed: 413-050-0000, 413-050-0005, 413-050-0010, 413-050-0020, 413-050-0030, 413-050-0040, 413-050-0050, 413-050-0200, 413-050-0210, 413-050-0220, 413-050-0230, 413-050-0235, 413-050-0280, 413-060-0100, 413-060-0110, 413-060-0120, 413-060-0130, 413-060-0140, 413-060-0150, 413-060-0200, 413-060-0210, 413-060-0220, 413-060-0230, 413-060-0240, 413-060-0300, 413-060-0310, 413-060-0320, 413-060-0330, 413-060-0340, 413-060-0350, 413-060-0360, 413-060-0370

Subject: The Department is repealing OAR 413-050-0000, 413-050-0005, 413-050-0010, 413-050-0020, 413-050-0030, 413-050-0040, and 413-050-0050 about housekeeper services; OAR 413-050-0200, 413-050-0210, 413-050-0220, 413-050-0230, 413-050-0235, and 413-050-0280 about supportive or remedial day care; OAR 413-060-0100, 413-060-0110, 413-060-0120, 413-060-0130, 413-060-0140, and 413-060-0150 about family treatment services; OAR 413-060-0200, 413-060-0210, 413-060-0220, 413-060-0230, and 413-060-0240 about parenting program/parent training services; and OAR 413-060-0300, 413-060-0310, 413-060-0320, 413-060-0330, 413-060-0340, 413-060-0350, 413-060-0360, and 413-060-0370 about family sexual abuse treatment. These rules are being repealed because service eligibility is covered in other rules that set out eligibility for Child Protective Services and Family Support Services, some items are procedural, and do not need to be in rules, and some items are outdated, including specific services (Supportive Remedial Day Care and Housekeeper Services) no longer utilized.

Rules Coordinator: Annette Tesch—(503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 4-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 9-1-2013

Rules Repealed: 413-080-0200, 413-080-0205, 413-080-0210, 413-080-0220, 413-080-0240, 413-080-0250, 413-080-0260, 413-080-0270

Subject: OAR 413-080-0200 about the purpose of Residential Services and OAR 413-080-0205 about the definitions used in these rules are being repealed because the Department no longer limits its placement services to residential agencies when making decisions for children and young adults in the Department’s custody.

   OAR 413-080-0210 about the decision and timing of residential placements is being repealed because the process and procedures followed by Department staff no longer follows these rules, as contracted placement services have greatly expanded to use therapeutic foster care as an alternative to residential care.

   OAR 413-080-0220 about the requirements for referral to residential placement is being repealed because the Department uses a variety of placement settings and intervention services to allow a child to remain in the community prior to residential care, and placement in residential care requires additional identification of a child’s debilitating behaviors.

   OAR 413-080-0240 about the process for referral to a residential service is being repealed as these forms are no longer utilized in the Department and the referral process has changed.

   OAR 413-080-0250 about service planning is being repealed because service plans as described in this rule no longer apply, the services of the residential provider are guided by Medicaid requirements for behavioral rehabilitation services, and case planning for the child is the primary responsibility of the caseworker. In addition contact and review requirements have been changed both in federal law for caseworkers and in the Medicaid requirements for the various types of service planning for behavioral rehabilitation services.

   OAR 413-080-0260 about the caseworker’s role is being repealed because the casework responsibilities for comprehensive case and service planning for the child and family are contained in other child welfare rules.

   OAR 413-080-0270 about responsibilities for handling disagreements is being repealed as the process for addressing such problems is outlined in the contract with the residential provider.

Rules Coordinator: Annette Tesch—(503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 5-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 7-1-2013

Rules Amended: 413-120-0246

Subject: OAR 413-120-0246 about standards for an adoptive home is being amended to permit the Department to approve a foster home study or relative study as an adoption home study in the case of an individual or individuals residing in a state that does not complete an adoption home study prior to a child being placed with the individual or individuals or prior to the child being legally free for adoption.

Rules Coordinator: Annette Tesch—(503) 945-6067

413-120-0246

Standards for an Adoptive Home and Release of an Adoption Home Study

(1) Except to the extent provided otherwise in section (2) of this rule, to be approved to adopt a child in the legal custody of the Department, an individual must complete all of the following:

(a) Have an adoption home study recommending the applicant as a potential adoptive resource written, amended, or updated within the 12 months prior to the adoption placement selection, completed by:

(A) The Department under Child Welfare Policy II-B.1, “Certification Standards for Foster Parents, Relative Caregivers, and Pre-Adoptive Parents” OAR 413-200-0301 to 413-200-0396;

(B) An Oregon licensed private agency for an Oregon resident when the home study is prepared by a private agency for an Oregon resident under Child Welfare Policy II-C.1.3, “Licensing Adoption Agencies”, OAR 413-215-0401 to 413-215-0481;

(C) An out-of-state agency under Child Welfare Policy I-B.3.4.2, “Interstate Compact on the Placement of Children”, OAR 413-040-0200 to 413-040-0330; or

(D) An agency in another country under Child Welfare Policy I-G.1.14, “Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act”, OAR 413-120-0900 to 413-120-0970.

(b) Meet the Department’s standards for adoptive homes by demonstrating the knowledge, skills, and ability to meet, without agency oversight, the current and lifelong needs of the child for all of the following:

(A) Physical and emotional safety and well-being;

(B) Developing and maintaining connections to the child’s family;

(C) Continuity and familiarity;

(D) Appropriate social, educational, developmental, emotional, and physical support;

(E) Integration into the family;

(F) Stability and permanency; and

(G) Maintaining his or her identity, cultural, religious, and spiritual heritage.

(c) Provide evidence of successful completion of a training program approved by the Department, unless the Adoption Program Manager has approved an alternate training program.

(2) In the case of an individual or individuals residing in a state that does not complete an adoption home study prior to a child being placed with the individual or individuals or prior to the child being legally free for adoption:

(a) The Child Permanency Program may approve a foster home study or a relative study as an adoption home study for the purpose of adoption placement selection only as long as all other requirements of subsections (1)(a), (b) and (c) of this rule are met.

(b) An approved adoption home study must be completed prior to designation of the child’s placement for the purpose of adoption.

(3) Release of an adoption home study. An adoption home study is considered confidential information and, when released under this rule must have a signed, valid release of information from each applicant who is a subject of the adoption home study.

(a) The Department may release a copy of the adoption home study to:

(A) An adoption applicant who is a subject of the adoption home study;

(B) Individuals involved in the adoption placement selection process, under Child Welfare Policy I-G.1.5, Adoption Placement Selection, OAR 413-120-0021 and 413-120-0035;

(C) The court for the purposes of finalizing an adoption; and

(D) A public agency upon the written request of an applicant who is a subject of the adoption home study.

(b) A Child Welfare Program Manager must approve the release of an adoption home study requested for a purpose other than those listed in subsection (a) of this rule.

(c) An individual receiving a copy of an adoption home study must keep the information contained therein confidential.

(d) Before releasing an adoption home study, the Department must redact or summarize information, when necessary, to prevent the identification of individuals, other than the applicants, who provided information for the adoption home study.

(e) When an agency or entity other than the Department completes the adoption home study, the Department must receive approval from the agency or entity that completed the adoption home study before release.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005, 418.280, 418.285

Hist.: CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10; CWP 5-2013, f. & cert. ef. 10-1-13


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 6-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 7-1-2013

Rules Amended: 413-120-0810

Rules Repealed: 413-120-0835, 413-120-0850

Subject: OAR 413-120-0810 about definitions used in rules concerning supervision and support of an adoptive placement is being amended to redefine the term “disruption” to be consistent with the disruption process outlined in OAR 413-120-0870. This rule is also being amended to remove the definition of a “legal risk adoptive placement” because OAR 413-120-0835 is being repealed and this topic is covered in OAR 413-110-0000 through 413-110-0060.

   OAR 413-120-0835 about adoption transition is being repealed because this rule is unnecessary and the topic is covered in OAR 413-120-0830.

   OAR 413-120-0850 about legal risk adoptive placement is being repealed because this topic is covered in OAR 413-110-0000 through 413-110-0060.

Rules Coordinator: Annette Tesch—(503) 945-6067

413-120-0810

Definitions

The following definitions apply to OAR 413-120-0800 to 413-120-0880:

(1) “Adoption home study” means a written report documenting the result of an assessment conducted by the Department, a licensed adoption agency, or another public agency to evaluate the suitability of an individual or individuals to adopt and make a lifelong permanent commitment to a child or children.

(2) “Adoption placement selection” means a decision made by the Department that an individual or individuals have been identified as the adoptive resource for the child.

(3) “Adoption transition” means activities related to the placement of a child or sibling group under consideration in the home of the family selected as the adoptive resource.

(4) “Adoptive resource” means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request or, if a review was requested, the selection was sustained by that review and the review is complete.

(5) “Child” means a person under 18 years of age.

(6) “Department” means the Department of Human Services, Child Welfare.

(7) “Disruption” means an approval by the Adoption Program Manager to end an adoption process after adoption placement selection but before the adoption is legally finalized.

(8) “Post-placement supervision” means the supervision of a child following placement with an adoptive resource.

(9) “Substitute caregiver” means a relative caregiver, foster parent, or provider who is authorized to provide care to a child or young adult who is in the legal or physical custody of the Department.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005, 418.280 & 418.285

Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 24-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 32-2003, f. & cert. ef. 10-1-03; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 6-2013, f. & cert. ef. 10-1-13


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 7-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 9-1-2013

Rules Adopted: 413-215-0918, 413-215-0992

Rules Amended: 413-215-0911, 413-215-0916, 413-215-0921, 413-215-0926, 413-215-0931, 413-215-0936, 413-215-0941, 413-215-0946, 413-215-0951, 413-215-0961, 413-215-0976, 413-215-0981, 413-215-0996, 413-215-1006, 413-215-1011, 413-215-1016, 413-215-1026, 413-215-1031

Subject: These rules about licensing outdoor youth programs are being amended to recognize the treatment value of the outdoor youth wilderness experience and ensure additional safety elements are in place, including gathering additional information about each youth as well as recognizing and treating issues which may arise. OAR 413-215-0911 about definitions is being amended to modify the definition of an outdoor youth program. OAR 413-215-0916 about administration is being amended to modify what is required to be in the file on each youth in the program. OAR 413-215-0918 about consents, disclosures, and authorizations is being adopted to establish consent, disclosure, and authorization requirements for outdoor youth programs. OAR 413-215-0921 about participant clothing, equipment, and supplies is being amended to take a more pragmatic approach to the change of clothing requirements. OAR 413-215-0926 about water requirements is being amended to require documentation when water from a natural source is sanitized and set out requirements for use of electrolytes. OAR 413-215-0931 about nutritional requirements is being amended to establish restrictions on the use of food must not be used for behavior modification purposes and requirements about uninterrupted time for each meal. OAR 413-215-0936 about safety is being amended to require outdoor youth programs to follow their safety policies and procedures, and to have and follow policies and procedures about health, nutrition, hydration, and physical stress management. OAR 413-215-0941 about potential weapons is being amended to revise the supervision requirements when youth are using potential weapons. OAR 413-215-0946 about contraband is being amended to revise the requirements concerning possession of these items by staff of an outdoor youth program. OAR 413-215-0951 about searches is being amended so the rule does not regulate searches of staff members nor set requirements unique to initial intake inspections. OAR 413-215-0961 about health services is being amended to revise its requirements concerning the required physical examination to participate in outdoor youth program activities, the required medical information staff in the field must have with them, the storage requirements for medications in the field, and to require policies and procedures about contingency planning in the event of medications being lost or destroyed in the field. OAR 413-215-0976 about physical activity limits and requirements is being amended to add additional requirements to ensure that physical activity does not exceed the physical capability of a youth and additional requirements concerning acclimation to the environment. OAR 413-215-0981 about staff training is being amended to provide more specific training requirements for behavior management and wilderness health issues. OAR 413-215-0992 about referral and initial evaluation of youth is being adopted to establish the requirements of outdoor youth programs for policies about referral and exclusion, and incorporate the policy about initial evaluation which is being relocated from OAR 413-215-0996. OAR 413-215-0996 about program services is being amended to revise its requirements for admissions assessments of youth with mental health issues, remove requirements being relocated to OAR 413-215-0992, and set out additional requirements for service planning. OAR 413-215-1006 about field outdoor youth program activities is being amended to include additional requirements about debriefing of outdoor youth program staff after they return from the field. OAR 413-215-1011 about communication is being amended to reduce the amount of time a field group from an outdoor youth program may be away from the ability to make contact with emergency services. OAR 413-215-1016 about work is being amended to place additional restrictions on outdoor youth programs on their use of non-vocational work assignments. OAR 413-215-1026 about solo experiences in outdoor youth programs is being amended to revise its requirements about emergency plans for these experiences. OAR 413-215-1031 about behavior management is being amended to place additional requirements on the use of time outs by outdoor youth programs.

Rules Coordinator: Annette Tesch—(503) 945-6067

413-215-0911

Definitions

The following definitions apply to OAR 413-215-0901 to 413-215-1031:

(1) “Contraband” means items the possession of which is prohibited by the outdoor youth program such as but not limited to weapons or drugs.

(2) “Debrief” means to interview a person (such as a youth or staff member) usually upon return (as from an expedition) in order to obtain useful information.

(3) “Department” means the Department of Human Services.

(4) “Outdoor living setting” means an outdoor field setting in which services are provided to youth either more than ten days per month for each month of the year or for longer than 48 hours at a location more than two hours from community-based medical services.

(5) “Outdoor youth program” means a program that provides, in an outdoor living setting, services to youth who are enrolled in the program because they have behavioral problems, mental health problems or problems with abuse of alcohol or drugs. “Outdoor youth program” does not include any program, facility or activity operated by a governmental entity, operated or affiliated with the Oregon Youth Conservation Corps, or licensed by the Department as a child caring agency under other authority of the Department. It does not include outdoor activities for youth designed to be primarily recreational.

(6) “Outdoor youth program activity” means an outdoor activity, provided to youth for the purpose of behavior management or treatment, which requires specially trained staff or special safety precautions to reduce the possibility of an accident or injury. Outdoor youth activities include, but are not limited to: hiking, adventure challenge courses, climbing and rappelling, winter camping, soloing, expeditioning, orienteering, river and stream swimming, and whitewater activities.

(7) “Over the counter medication” means any medication that does not require a written prescription for purchase or dispensing.

(8) “Service plan” means an individualized plan of services to be provided to each youth based on his or her identified needs and designed to help him or her reach mutually agreed upon goals. The service plan must address, at a minimum, the youth’s physical and medical needs, behavior management issues, mental health treatment methods, education plans, and any other special needs.

(9) “Sole supervision” means being alone with a youth or being temporarily the only staff in charge of a youth or subgroup of youth.

(10) “Stationary outdoor youth program” means an outdoor youth program which remains in a stationary location that houses youth.

(11) “Wilderness first responder” means a medical training course and certification for outdoor professionals.

(12) “Youth” means a child aged 10 through 17 years of age who may be admitted to or is a participant in an outdoor youth program.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0803, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0916

Administration

(1) Base of operations. An outdoor youth program (defined in OAR 413-215-0911) providing outdoor youth program services in Oregon must have a base of operation or field office in Oregon. The base of operation or field office at a minimum must have the following information immediately available upon the request of the Department licensing coordinator:

(a) Current list of the names of staff and youth in each field group;

(b) Master map of all outdoor youth program activity (defined in OAR 413-215-0911) areas used by the program in Oregon, copies of which must be made available to the Department licensing coordinator, the land managing agency, and local law enforcement and emergency services upon request;

(c) Copies of each group’s expeditionary route with its schedule and itinerary, copies of which must be made available to the Department, the land managing agency and local law enforcement and emergency services upon request;

(d) Current logs of communications with each field group away from the base of operations; and

(e) Emergency response plan that is reviewed annually (as described in OAR 413-215-0936(2)(c)).

(2) Youth file requirements. The base of operations for an outdoor youth program must have a file on each youth in the program, which includes:

(a) Legal guardian identification, contact information, and status of child custody;

(b) Emergency contact information for the legal guardian or guardians of the youth which provides for contact with the parent or legal guardian at any time, twenty four hours a day, seven days a week;

(c) Demographics including but not limited to name, gender, date of birth, and previous address;

(d) Eligibility and exclusionary criteria, including the basis for admission of the youth into the program;

(e) Medical forms;

(f) Authorization for medical treatment; and

(g) Legal guardian consent for the outdoor youth program to treat the youth with the specific interventions used by the program and to confiscate contraband (defined in OAR 413-215-0911) found in the youth’s possession.

(3) Proof of compliance. An outdoor youth program which operates in Oregon must comply with the federal, state, local, and land managing agency regulations in the operations area and must maintain proof of compliance at the base of operations.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0809, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0918

Consents, Disclosures, and Authorizations

(1) Consents. For each youth in placement with an outdoor youth program (defined in OAR 413-215-0911), the outdoor youth program must ensure that the legal guardian signs a consent that authorizes the outdoor youth program to undertake each of the following:

(a) To provide routine and emergency medical care.

(b) To use the behavior management system of the outdoor youth program, including the point, level, or other behavior management techniques utilized by the outdoor youth program.

(c) If applicable, to use restraint in the management of the youth. The consent for the use of physical restraint must be limited to the requirements outlined in OAR 413-215-0076(8).

(d) If applicable, to use time outs. The consent for the use of time outs must be limited to the requirements outlined in OAR 413-215-0076(9).

(e) If applicable, to use seclusion. The consent for the use of seclusion must be limited to the requirements outlined in OAR 413-215-0076(10).

(2) Disclosures to parent or legal guardian. At the time an outdoor youth program takes a youth into placement, the outdoor youth program must ensure that each legal guardian of the youth receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the outdoor youth program for any program-initiated pat down searches.

(b) A statement concerning the rights of youth and legal guardians served by the outdoor youth program. The statement must be written in a manner that is easy to understand, and the outdoor youth program must ensure that the youth and the parent or legal guardian understand the statement. The statement must explain the following rights belonging to youth and, in some cases, legal guardians:

(A) Private and uncensored communications by mail, telephone, and visitation, subject to both of the following restrictions.

(i) This right may be restricted only if the provider documents in the individual’s record that there is a court order to the contrary, or that in the absence of this restriction, significant physical or clinical harm will result to the individual or others. The nature of the harm must be specified in reasonable detail, and any restriction of the right to communicate must be no broader than necessary to prevent this harm.

(ii) The individual and his or her guardian, if applicable, must be given specific written notice of each restriction of the individual’s right to private and uncensored communication. The provider must ensure that correspondence can be conveniently received and mailed, that telephones are reasonably accessible and allow for confidential communication, and that space is available for visits. Reasonable times for the use of telephones and visits may be established in writing by the provider.

(B) The youth’s right to reasonable privacy.

(C) The youth’s right to meaningfully participate in service planning.

(D) The youth’s right to fair and equitable treatment.

(E) The right to be free from unauthorized treatment.

(F) The right of the youth or guardian to file a grievance for any reason, including, if the youth or legal guardians believe that they have been treated unfairly, or, if they are not in agreement with the services provided.

(G) The youth’s right to have and wear personally exclusive clothing of their choosing unless the type of clothing has been prohibited in writing on the basis that significant physical or clinical harm would result.

(H) The youth’s right to have personal belongings unless they are prohibited by storage limits, or because the item is prohibited in writing on the basis that significant physical or clinical harm would result.

(I) The youth’s right to receive an appropriate education, and if the youth has not yet graduated, to stay on course for graduation.

(J) The youth’s right to participate in recreation and leisure activities unless the program restricts the youth’s participation in recreation or leisure activities due to serious behavior or safety issues.

(K) The youth’s right to have timely access to physical and behavioral health care services.

(L) The right of the youth, or legal guardians, to promptly review the program policies and procedures regarding program services.

(c) An outdoor youth program shall provide a copy of transportation policies and procedures to the legal guardians at the time of admission to the program.

(d) An outdoor youth program will disclose orientation procedures to the client and legal guardians at the time of admission to the program and prior to transporting the youth to the field.

(3) Authorizations. An outdoor youth program must follow the following requirements:

(a) Written authorizations to exchange information with others must be filled out prior to signatures being requested.

(b) All youth-specific visitors must be approved or authorized by the legal guardians, except Department personnel, child abuse investigators, Court Appointed Special Advocates, and attorneys appointed to represent the child.

(c) All other visitors must be pre-approved by the youth’s legal guardians.

(d) Activity-specific authorizations must be pre-approved by the youth’s legal guardians to allow children to participate in potentially hazardous activities, such as rock climbing, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the youth’s legal guardians.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0921

Participant Clothing, Equipment and Supplies

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Participant requirements. Each program participant must have appropriate clothing, equipment, and supplies for each type of outdoor youth program activity (defined in OAR 413-215-0911) and for the weather conditions likely to be encountered.

(2) Clothing, equipment, and supply requirements. Clothing, equipment, and supplies must include at a minimum the applicable items in each of the following subsections:

(a) Sunscreen if appropriate for the environmental conditions generally expected for the area and season.

(b) Insect repellent if appropriate for the environmental conditions generally expected for the area and season.

(c) A commercial backpack or the materials to construct a safe backpack or bedroll.

(d) Personal hygiene items necessary for cleansing.

(e) Appropriate feminine hygiene supplies.

(f) When the average nighttime temperature is expected to be 40 degrees Fahrenheit or higher:

(A) Wool blankets or an appropriate sleeping bag; and

(B) A tarp or poncho.

(g) Shelter from precipitation, appropriate sleeping bag, and ground pad when the average nighttime temperature is expected to be 39 degrees Fahrenheit or lower.

(h) Clothing appropriate for the temperature changes generally expected for the area.

(i) Each youth must be provided a clean change of undergarments and socks at least once a week or an opportunity to wash his or her clothing at least once a week; and all other clothing must be reasonably clean and in good repair.

(3) Denial of clothing, equipment, and supplies. An outdoor youth program must not remove, deny, or make unavailable for any reason the appropriate clothing, equipment, or supplies required by section (2) of this rule.

(4) Monitoring. Field staff are responsible for maintaining the safety and well-being of youth and must monitor each youth to make sure that clothing, equipment, and supplies are maintained in a manner adequate to ensure each youth’s safety.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0868, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0926

Water Requirements

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on water requirements.

(2) Water. Youth must have access to potable water while engaged in hiking. Staff of the outdoor youth program must ensure that youth drink a sufficient amount of water to provide adequate hydration. Staff must encourage youth to consume at least three quarts of potable water a day.

(3) Water caches. When water caches are used, field staff must place each water cache and verify its location in advance of a group’s arrival.

(4) Water from a natural source. Water from a natural source used for drinking or cooking must be treated for sanitation to eliminate health hazards. Staff must document what methods were used to sanitize the water.

(5) Electrolytes. Each group must have and use when appropriate a supply of electrolyte replacement, quantities to be determined by group size and environment conditions.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0864, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0931

Nutritional Requirements

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Written policy. An outdoor youth program must have and follow written policy and procedures on nutritional requirements.

(2) Menu. There must be a written menu approved by a qualified dietitian or nutritionist with knowledge of program activity levels, listing the food supplies for each group.

(3) Calories. An outdoor youth program must provide each youth a level of nutrition which will supply the youth’s individual caloric need; but no youth may be offered less than 3,000 calories a day. When heat is not available for cooking, an outdoor youth program must provide sufficient food of sufficient caloric value which does not require cooking.

(4) Hygiene procedures. The outdoor youth program must have reasonable hygiene procedures to prevent infection which are consistent with the particular program risk of infection.

(a) Cleansing of hands must occur after each latrine use.

(b) Means of cleansing the hands must be available to youth prior to food preparation and prior to food consumption.

(c) A weekly opportunity for total body hygiene.

(5) Fasting. There must be no imposed fasting.

(6) Monitoring. Field staff are responsible for maintaining the safety and well being of clients and must monitor each youth’s food intake to ensure that the youth has adequate nutrition.

(7) Food must not be used for behavior modification purposes, including reward or punishment.

(8) Youth must be permitted a reasonable amount of uninterrupted time for each meal.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0866, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0936

Safety

(1) Written policies and procedures. An outdoor youth program (defined in OAR 413-215-0911) must have and follow written policies and procedures on all of the following:

(a) Equipment Safety Procedures, including appropriate instruction and maintenance of equipment.

(b) Environmental Hazards.

(c) Risk Management Procedures.

(d) Health, nutrition, hydration, and physical stress management.

(2) Emergency plan. An outdoor youth program must have and follow a written emergency plan for disasters, medical emergencies, hostage situations, casualties and missing youth, and other critical incidents identified by the program. The plan must at a minimum include:

(a) Designation of authority and staff assignments;

(b) Plans for evacuation;

(c) An emergency evacuation system that is on standby;

(d) Transportation and relocation of program youth when necessary;

(e) Supervision of program youth after an evacuation or a relocation;

(f) Arrangements for medical care and notification of a program participant’s physician and nearest relative, parents, or legal guardian; and

(g) A procedure for a review of the emergency plan by the local law enforcement and emergency services agencies from the area in which the outdoor youth program is operating.

(3) Emergency instruction. An outdoor youth program must instruct youth on what to do in case of an emergency prior to any outdoor youth program activity (defined in OAR 413-215-0911).

(4) Emergency plan response review. In the case of the activation of an emergency plan response, the outdoor youth program must subsequently review the response in the context of the emergency plan to determine if changes need to be made to improve safety and efficiency. If local law enforcement and emergency services agencies have been involved in an emergency response on behalf of an outdoor youth program, the outdoor youth program must invite them to participate in the review of the emergency plan response.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0852, 413-210-0855, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0941

Potential Weapons

(1) Written policy. An outdoor youth program (defined in OAR 413-215-0911) must have and follow written policy and procedures on management of weapons and potential weapons.

(2) Inventory required. Staff of an outdoor youth program must inventory knives, hatchets, other edged tools, or any item which might reasonably pose a danger to self or others and complete a daily count of these items against the inventory.

(3) Supervision required. Staff of an outdoor youth program must have line of sight supervision of a youth who is in possession of and using knives, hatchets, other edged tools, or any item which might pose a danger to self or others.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0870, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0946

Contraband

(1) Written policy. An outdoor youth program (defined in OAR 413-215-0911) must have and follow written policy and procedures on contraband (defined in OAR 413-215-0911).

(2) Confiscation. Staff must confiscate contraband found in the possession of youth in an outdoor youth program and, if stored, secure it in a location inaccessible to youth.

(3) Disposal. It is the responsibility of the outdoor youth program to store or dispose of all contraband not confiscated by or turned over to law enforcement, in accordance with the contraband policy.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0880, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0951

Searches

(1) Written policy. If an outdoor youth program (defined in OAR 413-215-0911) conducts searches of youth or visitors, it must have and follow written policies and procedures. The program must obtain the appropriate consents for searches.

(2) Searches. An outdoor youth program must complete searches in the least intrusive manner possible for the type of search being conducted. The policies and procedures at a minimum must address all of the following:

(a) Pat down searches. An outdoor youth program may conduct pat down searches of youth only when the outdoor youth program judges that it is necessary to discourage the introduction of contraband (defined in OAR 413-215-0911), or to promote the safety of staff and other youth. An outdoor youth program may only conduct pat down searches as follows:

(A) By staff trained in proper search techniques;

(B) By a staff member of the same sex as the youth being searched, and in the presence of another staff member;

(C) The youth must be told he or she is about to be searched;

(D) The youth must be asked to remove all outer clothing (gloves, coat, hat, and shoes) and empty all pockets;

(E) The staff member must then pat the clothing of the youth using only enough contact to conduct an appropriate search;

(F) If the staff detects anything unusual, the youth must be asked to identify the item and appropriate steps must be taken to remove the item for inspection;

(G) If the youth refuses to comply, the executive director or designee must be notified immediately and be responsible to resolve the matter; and

(H) All searches must be documented in writing.

(b) Strip searches. An outdoor youth program may not perform strip searches.

(c) Body cavity searches. An outdoor youth program may not perform body cavity searches.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0883, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0961

Health Services

(1) Required physical examination. Prior to a youth engaging in an outdoor youth program activity (defined in OAR 413-215-0911), an outdoor youth program (defined in OAR 413-215-0911) must review and place in the file a physical examination report for the youth. This information must be shared with the field staff prior to any outdoor youth program activity. The youth’s health history must be provided by a physician prior to admission, and this history plus a new physical examination must be recorded on a form provided by the program, which clearly documents the type and extent of outdoor youth program activity in which the youth will be engaged. The examination must cover areas required by the Department and, after the appropriate consents are obtained from the youth or youth’s legal guardian, must be completed by a licensed physician, physician’s assistant or nurse practitioner, who signs the form.

(a) In addition to any other areas required by the Department, the examination must include a physical assessment based on the climate, temperature, and altitude the youth will be participating in given the participant’s age, weight, sex, physical condition, and recent use of drugs or alcohol, if any. The physician must state in the examination report any restrictions on the youth engaging in strenuous exercise based on these or any other factors;

(b) If a youth is currently taking or has been receiving prescribed medication within the past six months, a specific notation must be made on the physical examination form, by the clearing medical professional, which must include clearance for participation in an outdoor, high impact environment and a description of any possible special needs due to use of the medication in the field environment; and

(c) If a youth is in a risk group for strenuous exercise or extreme conditions due to medical issues, written clearance must be noted on the physical examination form, stating that the youth may participate in an outdoor youth program activity, which may:

(A) Occur in altitudes over 5,000 feet;

(B) Include strenuous exercise; and

(C) Expose youth to cold or hot temperatures.

(d) Youth may not participate in an outdoor youth program activity until all blood work and other laboratory work has been received and reviewed by the physician, and the physician has found that the youth is qualified to start the program.

(2) Health information availability. An outdoor youth program must copy the health history and physical exam form and authorization to obtain medical care, maintain the original at the base of operations, and field staff must carry the copy in a waterproof container when the youth is away from the base of operations. All medications must be listed, including dose and frequency.

(3) Appropriate health care. An outdoor youth program must ensure — through staff assignments, training, and program providers — that injuries, illness, or physical complaints by youth will be promptly and accurately assessed; and that appropriate care is provided.

(4) Prompt first aid treatment. An outdoor youth program must provide first aid treatment in as prompt a manner as the location and circumstances allow.

(5) First aid. An outdoor youth program must have a first aid kit with sufficient supplies available at all times. The first aid kit must :

(a) Meet the standards of an appropriate national organization for the activity being conducted and the location and environment being used;

(b) Be reviewed with new staff for contents and use;

(c) Be reviewed at least annually with all staff for contents and use; and

(d) Be inventoried after each expedition and restocked as needed.

(6) Field treatment. An outdoor youth program must immediately transport to appropriate medical care any youth with an illness or physical complaint needing care or treatment beyond what can be provided in the field.

(7) Documentation of reports and treatment. An outdoor youth program must document complaints or reports by a youth of illness and injuries in a daily log along with any treatment provided.

(8) Negative consequences. An outdoor youth program may impose no negative consequence on a youth for reporting an injury or illness or for requesting to see a health care professional.

(9) Daily physical assessment. Field staff for an outdoor youth program must monitor and document youth’s hydration, skin condition, extremities, and general physical condition on a daily basis.

(10) Weekly physical assessment. A Wilderness First Responder (WFR) or equivalent, an Emergency Medical Technician (EMT), or qualified medical professional must assess each youth’s physical condition in an outdoor youth program at least every seven days. The assessment must be documented and shall at a minimum include:

(a) Heart rate;

(b) Check of extremities;

(c) Condition of skin;

(d) Allergies if any;

(e) General physical condition;

(f) Any health issues specific to the individual youth; and

(g) Provision of appropriate medical treatment if needed.

(11) Medication storage and administration policies and procedures. An outdoor youth program must have and follow policies and procedures on the storage and administration of prescription and non-prescription medication. The policies and procedures must include contingency planning in the case of medications being lost or destroyed in the field.

(12) Medication storage. An outdoor youth program must store prescription and over-the-counter medication under lock and key safeguarded from youth. For medications taken in the field, medication must be in the possession of a staff member and stored at required temperatures.

(13) Documentation of medications. Prescription medication in an outdoor youth program must be issued by a qualified medical professional’s valid order that includes the dosage to be given. Senior field staff must administer all medication. Administration of medication must be documented and include:

(a) The youth’s name;

(b) The name of the medication;

(c) The date and time;

(d) The amount of dosage given and whether the youth did not take the medication; and

(e) The person who administered or assisted in self-administration of the medication.

(14) Medication changes. An outdoor youth program may not stop or change dosage or administration of prescribed medication nor discontinue any prescription without consulting with a qualified medical professional and documenting the consultation and the change.

(15) Disposal of unused medication.

(a) For purposes of this rule, “unused medication” means any medication which has not been used for 60 days, or a medication held by the facility which has been prescribed for a resident who has been released from the facility.

(b) For purposes of this rule, “expired medication” means any medication whose designated period of potency, as indicated on the label, has expired.

(c) An outdoor youth program must return all unused or expired medication to the base of operations and dispose of it so it is not available to youth. A field director or senior field staff must witness and document the disposal of the unused medication.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0815, 413-210-0839, 413-210-0862, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0976

Physical Activity Limits and Requirements

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Physical capability. Physical activity may not exceed the physical capability of a youth. Field staff must monitor the physical capability and condition of each youth to ensure that the outdoor youth program activity (defined in OAR 413-215-0911) does not exceed the youth’s capability.

(a) The program may not assign extremely strenuous exercise at any time.

(b) A youth when hiking may not carry a backpack and other equipment which exceeds their physical abilities.

(c) Staff shall assist youth in ensuring that backpacks are packed in a manner that allows them to be comfortably worn.

(d) Youth shall have breaks prior to becoming weary to avoid risk of injury. Breaks shall be frequent and long enough to recover and return to the outdoor youth program activity.

(e) All youth in a group shall hike at the speed at which the slowest member is capable.

(2) Environmental conditions. Staff of the outdoor youth program must consider environmental conditions including but not limited to temperature, humidity, and precipitation, when planning an outdoor youth program activity so as to minimize the risk of harm (such as heatstroke, frostbite, and hypothermia) to participants.

(3) Acclimation to environment. Staff must closely monitor youth for acclimation to the elevation and temperature of the environment for the first 72 hours of each youth’s stay in the program to ensure safe assessment of fitness.

(a) Staff must monitor and document each youth’s physical assessment at least three times per day, and more often if the youth is exhibiting signs of exhaustion or fatigue. Youth physical assessment must meet the same criteria as described in OAR 413-215-0961(10).

(b) Staff shall assess each youth’s level of overall fitness, and readiness mentally and physically to engage in more demanding exercise during this time period.

(4) Log. There must be a common daily log, which is signed and dated by the participating senior staff daily. The log must:

(a) Contain information on health problems, accidents, injuries, illnesses, medications used, behavioral problems, and unusual occurrences; and

(b) Include notation of environmental factors such as weather, temperature, and terrain.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0858, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0981

Staff Training

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Written policies, procedures, and training curriculum. An outdoor youth program must have written policies, procedures, and training curriculum regarding minimum requirements for orientation, field training, and ongoing training.

(2) Orientation. Each employee must complete orientation before having any contact with clients or prospective clients (youth or their legal guardians). The orientation training must include at a minimum:

(a) Outdoor youth program mission and goals, including admissions criteria and services provided.

(b) Personnel structure of the outdoor youth program, including an organizational chart and job descriptions which accurately reflect the responsibilities of staff positions involved in the care and management of youth, and the management and supervision of field staff;

(c) Overview of the quality improvement program, including the critical incident program;

(d) Risk management procedures and safety precautions;

(e) Instruction in behavior management policies and procedures of the outdoor youth program, including de-escalation and the use of physical restraint, if applicable;

(f) Instruction in physical assist policies and procedures of the outdoor youth program;

(g) Review and discussion of all other policies relevant to field staff responsibilities, such as clothing, nutrition, vehicle use, communication methods, cooking and camping equipment, and their use; and

(h) Emergency plan.

(3) Field training. Each field staff must receive a minimum of seven days of field training and must be assessed by the field director or designee for each of the following minimum required field skills before assuming sole supervision of youth:

(a) Water, food, and shelter procurement, preparation, and conservation.

(b) “Leave No Trace Principles” for outdoor youth program activity (defined in OAR 413-215-0911). For purposes of this rule, “Leave No Trace Principles” mean wilderness and land use ethics which are designed to minimize the impact of visitors to back country areas. The principles include: Plan Ahead and Prepare, Travel and Camp on Durable Surfaces; Pack it in, Pack it Out; Properly Dispose What You Can’t Pack Out; Leave What You Find; and Minimize Use and Impact of Fire.

(c) Recognition and management of the presenting issues of the youth served, including mental health and substance abuse issues.

(d) Instruction in safety procedures and safe use of fuel, fire, and life protection equipment.

(e) Sanitation procedures related to food, water, and waste.

(f) Special instruction to ensure proficiency in each specific outdoor youth program activity for staff who conduct and staff who supervise an outdoor youth program activity.

(g) Wilderness medicine, including health issues related but not limited to:

(A) Acclimation.

(B) Exposure to the environment and environmental elements.

(C) Signs, symptoms, and treatment of water intoxication and dehydration.

(D) Foot blisters.

(E) Diarrhea.

(F) Recognizing differences between symptoms of a health concern and behavioral issues.

(G) Bites and Stings.

(H) Allergic reactions.

(I) Gender specific health issues.

(h) First aid kit contents and use.

(i) Basic navigation skills including understanding of contour maps, use of compass, and navigation using the positions of sun, moon, and stars to determine direction.

(j) Local environmental precautions, including terrain, weather, insects, poisonous plants, wildlife, and proper response to adverse situations.

(k) Critical incident prevention, identification, and response.

(l) Knowledge of and ability to implement the emergency plan of the outdoor youth program.

(m) Report writing, including development and maintenance of logs, journals, and incident reports.

(n) Other skills as required by the outdoor youth program.

(4) Sole supervision. No staff member of an outdoor youth program may provide sole supervision of program youth prior to ---

(a) Successful completion of orientation and field training; and

(b) Documented assessment by a senior field staff member of:

(A) Effective understanding of the supervision structure of the outdoor youth program, who is responsible, and to whom staff can refer questions or problems; and

(B) Understanding, knowledge, and compliance with the behavior management policies of the outdoor youth program.

(5) Ongoing training. An outdoor youth program must provide ongoing training for field staff to maintain and upgrade their skills.

(6) Documentation of training. An outdoor youth program must document the training received by each staff member and volunteer in their personnel file. For each training session, the documentation shall include the name and qualifications of the person providing the training, date of training, training content, and the number of hours of the training.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0830, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0992

Referral and Initial Evaluation of Youth

(1) Affirmative duty to gather sufficient information. An outdoor youth program (defined in OAR 413-215-0911) has an affirmative duty to make reasonable efforts to gather sufficient information to determine the appropriateness of the youth for the outdoor youth program.

(2) Referral. An outdoor youth program must have a policy that addresses the process by which youth are referred to the outdoor youth program. The policy must include all of the following:

(a) From whom referrals are accepted and whether the program has any type of relationship with the source of referral, including payment for any services provided by the source of the referral to the program.

(b) On what basis youth are accepted by the outdoor youth program.

(c) How information necessary to provide for the safety and care of youth will be provided to the appropriate care staff.

(3) Exclusionary policy.

(a) An outdoor youth program must have a written policy that describes any exclusionary criteria for the program.

(b) The outdoor youth program must exclude or have a written policy and must document in the youth’s service plan describing how the program will provide safe and effective treatment specific to each of the following:

(A) Youth with current risk of fire setting behaviors.

(B) Youth with active psychosis.

(C) Youth with current risk of suicide.

(D) Youth with current risk of harm to self or others.

(E) Youth with any significant mental health diagnosis.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0996

Program Services

(1) Admissions assessments. An outdoor youth program (defined in OAR 413-215-0911) must perform an admission assessment on each youth.

(a) Admissions process. An assigned staff member with documented experience in the area of admissions screening and assessment, who is familiar with the outdoor youth program, must complete an individual admissions assessment for each youth prior to enrollment.

(b) Admissions to be based on admissions assessment. The outdoor youth program must base admission of each youth on the individual admissions assessment. The assessment must be the basis for the youth’s individual service plan. The assessment must include the following components:

(A) Social history including home, community, and environment;

(B) Health history, including current prescriptions and over the counter medication (defined in OAR 413-215-0911);

(C) Psychological history, including behavior problems, aggression, substance abuse, family dynamics, prior evaluations, and any previous treatment;

(D) For a youth with indications of a mental health diagnosis, the assessment must include a determination by a licensed, certified, or registered mental health professional whether the outdoor youth program is appropriate and how the program activities will address the youth’s needs, or whether another type of mental health treatment is indicated for the youth before the youth enters the field portion of the outdoor youth program.

(i) If the program has reasonable grounds to believe that a youth for whom admission is sought has a mental health diagnosis, the program must require the submission of an evaluation, completed not more than 90 days previously, of the youth’s mental health condition by a clinical psychologist of psychiatrist.

(ii) The evaluation described in subparagraph (i) of this paragraph and other available evaluations and relevant documentation must be reviewed by a qualified mental health professional who must describe in writing how the treatment to be provided at the outdoor youth program is appropriate for the identified mental health diagnosis. This description must include how the activities of the program will address the needs of the youth and relate to the youth’s service plan.

(E) For a youth with indications of substance abuse, the assessment must include a determination by a professional in chemical dependency whether detoxification is indicated for the youth before the youth enters the field portion of the outdoor youth program.

(c) Consultation and additional information. If after a review of the components required by the Admissions Assessment, there is any question as to the appropriateness of admission of a youth, the assigned staff member must consult with the Multidisciplinary Team and document the decision. If the information available about the youth is inadequate for the determination of appropriateness for the outdoor youth program, the outdoor youth program must require additional necessary information which may include evaluations by consulting professionals.

(d) Evaluation of appropriateness of admission. Each admissions assessment must include a summary evaluation of the appropriateness of the admission of the youth into the outdoor youth program.

(e) Field entry.

(A) An outdoor youth program must conduct an interview and orientation with each youth before the youth leaves for the field portion of the program away from the main base of operations.

(B) The field director or senior field staff assigned to the youth’s field experience must conduct an interview with the youth prior to entrance into the field; and

(C) The medically trained field staff assigned to the youth’s field experience must conduct a review of the youth’s health history and physical examination report.

(2) Service planning. Each youth must be served according to an individual service plan (defined in OAR 413-215-0911), developed by the outdoor youth program staff and including, whenever possible, the program director, child-care workers, other involved professionals, the youth, and his or her family. The program must make every effort to secure the participation of the legal guardians in planning, and, if they do not participate, must document the reasons why. An outdoor youth program has an affirmative responsibility to provide competent individualized service planning for each youth to include ongoing evaluation and change as needed. Service planning time lines must be as follows:

(a) Initial service plan. An outdoor youth program must write the initial service plan based on the admission assessments, all referral documents, and the youth’s individual needs on or before admission, and provide a copy to the senior field staff upon the youth’s entry into the outdoor youth program.

(b) Updated service plan. Within 14 days of the date the youth enters the field, the outdoor youth program must write an updated service plan based on field observations and additional information received (family information, medical reports, and youth disclosures). If a youth has a significant mental health diagnosis, the service plan must specify how and by whom the treatment related to the diagnosis will be addressed.

(c) Monthly review. The outdoor youth program must review and update the service plan monthly, and document the review. Changes in the service plan must be promptly shared with the youth and the youth’s legal guardian.

(d) Discharge summary. The discharge summary must include a written summary of the youth’s participation and progress achieved, results of evaluations, conditions of the youth, interactions of youth and staff, briefings and debriefings, compliance with program policies and procedures, and recommendations. The discharge summary must be retained in the youth’s file and a copy provided to the youth’s legal guardians.

(3) Areas of emphasis in the service plan and planning process. It is the intent of the Department that an outdoor youth program must make every reasonable effort to ensure participation by the youth’s family in all aspects of the service and service planning process. To that end, the outdoor youth program staff must:

(a) Encourage parent participation in the intake process;

(b) If the youth’s parent or legal guardian cannot participate in the intake process, ensure participation in the intake process by those responsible for the environment in which the youth resides prior to placement with the outdoor youth program;

(c) Support the family and those responsible for the environment in which the youth lives during intervention activities, including alternate suggestions for any youth not accepted at intake;

(d) Consider the family’s responsibility, needs, and values in the planning and service process;

(e) Provide an orientation procedure for the youth and his or her family;

(f) Ensure that information regarding significant events in the youth’s family is passed on to appropriate staff members;

(g) Review service plans, activities, and progress with the family monthly; and

(h) Ensure that the educational needs of the child are an integral part of the service plan. Youth who have not graduated from high school must have access to an appropriate education that affords sufficient transferable credits for the youth to stay on course to graduate.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0812, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1006

Field Outdoor Youth Program Activities

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) Written description. There must be a written description of each field outdoor youth program activity (defined in OAR 413-215-0911) and a schedule, including a detailed itinerary.

(2) Staff briefing. The executive director, field director, or designee must brief staff entering the field. The briefing at a minimum must include:

(a) The planned route, terrain, time schedule, weather forecast, and any potential hazards;

(b) Any procedures unique to that field experience; and

(c) Youth background and any potential problems.

(3) Itinerary. Field staff must carry map routes, anticipated schedules, and times when a group is in the field.

(4) Supervision. The field director or designee must conduct and document supervisory evaluation of each youth and staff in a field group at least every seven days, either in person or through Department approved procedures. If the planned itinerary is longer in duration than three weeks, the field director or designee must make onsite visits at minimum increments of three weeks.

(5) Staff debriefing. The field director or designee must debrief (defined in OAR 413-215-0911) staff after they return from the field.

(a) An outdoor youth program must document the debriefing of staff (whether individual or group) received by each staff member in his or her personnel file.

(b) For each debriefing session, the documentation must include the name and qualifications of the person providing the debriefing, the date of the debriefing, any performance issues, and the length of time of the session.

(6) Youth debriefing. The field director or designee must debrief youth after returning from the field. The debriefing must at a minimum:

(a) Include a written summary of the youth’s participation and progress achieved;

(b) Be provided in written form to the youth’s parents or guardian; and

(c) Legal guardians and youth must be given the opportunity and encouraged to submit a written evaluation of the outdoor youth experience, to be maintained by the outdoor youth program.

(7) Documentation. An outdoor youth program must document results of the evaluation of the conditions of the youth, interactions of youth and staff, briefings, debriefings, and compliance with program policies and procedures, and include them in the youth’s record and discharge summary.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0833, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1011

Communication

(1) For purposes of this rule, a “Global Positioning System receiver” means a receiver which receives signals from a network of 24 satellites known as the Global Positioning System (GPS) and identifies the receiver’s location: latitude, longitude, and altitude to within a few hundred feet.

(2) Communication and support system. An outdoor youth program must maintain a communication system that includes the use of Global Positioning System receivers, two way radio communication, and cell phone communication; or follows the applicable land managing agency requirement and includes:

(a) Reliable communication between each group and the base of operations; and

(b) A back up plan for re-establishing communication to be implemented in the event regular communication fails.

(3) Communication requirements. An outdoor youth program must have a reasonable communication plan which is sufficient to provide routine and emergency care and takes into consideration individual youth needs and terrain considerations.

(a) There must be oral communication between each field group and the base of operations on a regularly scheduled basis according to program procedures, unless special documented arrangements have been made;

(b) In no case may the absence of oral communication between a field group and the base of operations exceed 72 hours, unless the Department has approved an exception for alternate program procedures for communication; and

(c) In no case may a field group be more than one hour away from the ability to make contact with emergency services.

(4) Emergencies. The base of operations support personnel for an outdoor youth program must have immediate access to emergency telephone numbers, contact personnel, and procedures for an emergency evacuation or critical incident requiring emergency medical support.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0836, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1016

Work

In compliance with child labor laws, an outdoor youth program (defined in OAR 413-215-0911) may as a constructive experience give youth non-vocational work assignments, which are age appropriate and within the youth’s capabilities. The primary purpose of work may not be to substitute for paid labor for the benefit of the outdoor youth program, nor may it be to discipline youth.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0841, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1026

Solo Experiences in Outdoor Youth Programs

If an outdoor youth program (defined in OAR 413-215-0911) conducts individual or separate components for youth (solo experiences) as part of the therapeutic process, the program must have and follow written policies and procedures. The policies and procedures at a minimum must require all of the following:

(1) Individual solo plan. Each youth participating in a solo experience must have a plan which includes goals, methods, techniques, time frames, and takes into consideration the maturity, health, and physical ability of the youth.

(a) The youth must be instructed on the solo experience and individual plan including expectations, restrictions, communication, environment, and emergency procedures;

(b) Each youth must have and receive instruction on a back-up plan in case the primary plan does not work; and

(c) A designated staff member must be responsible for coordination and implementation of the plan.

(2) Environmental requirement. Staff must be familiar with the site chosen to conduct solo experiences and must pre-investigate the site to ensure the terrain is appropriate for the skill level of the youth and that hazardous conditions are considered. Staff must make arrangements for medication, food, and water drops if needed.

(3) Supervision. Plans for supervision must be in place during the solo experience, including the assignment of a staff member responsible for the supervision of the solo participant, and procedures for placement, supervision, and observation of the participant. Supervision must include communication systems, visual checks, and regular checks of the youth’s emotional and physical condition.

(4) Emergency procedures. In addition to the requirements of the Emergency Plan section of these rules (OAR 413-215-0936), solo emergency plans must include but are not limited to: instructing the youth on the safety and emergency procedures, establishing an effective system for emergency communication available at all times, instruction of other youth on how to respond if the emergency notification system is put into use, and a check-in system should an emergency occur.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0849, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1031

Behavior Management

An outdoor youth program (defined in OAR 413-215-0911) must comply with all of the following requirements:

(1) If the policies of an outdoor youth program allow for disciplining a youth or group of youth for actions of one youth, the organization’s policies and procedures for behavior management and discipline must clearly prescribe the circumstances and safeguards under which disciplining the group is allowed.

(2) If a youth refuses or is unable to hike, a contingency plan must be developed based on Department approved policies and procedures. The contingency plan must ensure that if the group is split, there is proper staff coverage for each group, and communication between the groups is maintained.

(3) Physical assist.

(a) “Physical assist” means action by staff members to physically aid, support, or redirect youth who are not resisting. A physical assist includes staff leading youth along the trail, moving the youth to his or her campsite by gently pulling on a backpack strap, guiding him or her by the hand or elbow, or placing a hand on the youth’s back. The youth may not want to be physically assisted but he or she does not offer resistance.

(b) Appropriate use of a physical assist occurs when staff members physically aid, support, or redirect youth who are not physically resisting. If a youth resists reasonable staff direction, staff must assess whether the use of physical restraint is warranted based on the written nonviolent physical restraint policy of the outdoor youth program. An intervention becomes a physical restraint when the youth resists, has “dug in his or her heels”, and is propelled or held still against that resistance. Staff members must comply with all applicable physical restraint regulations, including OAR 413-215-0076.

(4) Time out.

(a) For purposes of this rule, “time out” means imposed separation of a youth from any group activity or contact as a means of behavior management.

(b) An outdoor youth program may use time out only when a youth’s behavior is disruptive to the youth’s ability to learn, to participate appropriately, or to function appropriately with other youth or the activity.

(c) The outdoor youth program must designate a staff member to be responsible for visually observing the youth at random intervals at least every fifteen minutes.

(d) If the duration of a time out exceeds one hour, or there is visual separation of the youth, the outdoor youth program must write an incident report in sufficient detail to provide a clear understanding of the incident or behavior which resulted in the youth being placed in time out, and staff’s attempts to help the youth avoid time out. The youth’s legal guardians must be provided with a copy of the documentation of each time out under this subsection within 72 hours.

(e) The outdoor youth program must reintroduce a youth to the group in a sensitive and non-punitive manner as soon as control is regained.

(f) If there are timeouts equaling more than 3 hours within a 24 hour period, the executive director or designee must conduct a review to determine the suitability of the youth remaining in the outdoor youth program, whether modifications to the youth’s plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The outdoor youth program must take appropriate action as a result of the review.

(g) Time outs may be assigned by staff or self imposed.

(h) Youth may not be physically restrained because the youth leaves an assigned time-out.

Stat. Auth.: ORS 409.050, 418.005, 418.240

Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998

Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0872, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 8-2013

Filed with Sec. of State: 10-1-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 9-1-2013

Rules Repealed: 413-210-0300, 413-210-0310, 413-210-0320, 413-210-0330, 413-210-0340

Subject: OAR 413-210-0300 about the purpose of the Department’s rules to consider rate classification requests and OAR 413-210-0310 definition of key terms used in these rules are being repealed because the Department no longer utilizes a rate classification committee in making rate structure decisions for payments to licensed child caring agencies. OAR 413-210-0320 about the policy to consider rate classification requests is being repealed as the Department no longer utilizes a Rate Committee to determine payments to licensed child caring agencies. OAR 413-210-0330 about the procedures to present a request for a rate classification and OAR 413-210-0340 about exceptions to the procedures to request a rate classification are being repealed as the Department no longer utilizes a Rate Committee and sets payment rates for contracts with licensed child caring agencies through contracts with the agencies for a particular type of behavior rehabilitation service (BRS) in conjunction with the Medicaid state plan and in alignment with other state agencies who utilize residential BRS services.

Rules Coordinator: Annette Tesch—(503) 945-6067

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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