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Oregon Bulletin

December 1, 2013

Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 9-2013(Temp)

Filed with Sec. of State: 11-1-2013

Certified to be Effective: 11-1-13 thru 4-30-14

Notice Publication Date:

Rules Amended: 413-120-0905

Subject: OAR 413-120-0905, which defines terms used in the rules on “Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act,” is being amended to expand the definition of relative to include the unrelated parent of a half-sibling and their specified blood relatives, for the purposes of placing the half-siblings together in an intercountry adoption.

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

413-120-0905

Definitions

The following definitions apply to OAR 413-120-0900 to 413-120-0970:

(1) “Adoption” means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who is not already the child’s legal parent and terminates the legal parent-child relationship between the adopted child and any former parent.

(2) “Central authority” means the entity designated as such by a Convention country that is authorized to discharge the duties imposed on Convention countries.

(3) “Central authority functions” means any duty required to be carried out by a central authority or foreign authorized entity under the Convention.

(4) “Convention” means the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoptions, concluded at The Hague, the Netherlands, on May 29, 1993, which went into effect in the United States on April 1, 2008.

(5) “Convention adoption” means an adoption of a child who is a habitual resident in a Convention country by an individual in another Convention country when the child has been, is being, or will be moved between the two Convention countries for the purpose of adoption.

(6) “Convention country” means a country that is a party to the Convention.

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

(8) “Foreign authorized entity” means a foreign central authority or an accredited entity authorized by the foreign country to perform central authority functions in Convention adoption cases.

(9) “Hague adoption certificate” means a certificate issued by the Secretary of State in an outgoing Convention adoption certifying that the child has been adopted in the United States in conformity with the Convention and IAA.

(10) “Hague custody declaration” means a declaration issued by the Secretary of State in an outgoing Convention adoption declaring that custody of the child for purposes of adoption has been granted in the United States in conformity with the Convention and IAA.

(11) “IAA” means the Intercountry Adoption Act of 2000, Public Law 106-279, 42 USC 14901 to 14954.

(12) “Incoming Convention adoption” means a case in which a child who is a resident of another Convention country has been, is being, or will be moved to the United States for placement and adoption.

(13) “Outgoing Convention adoption” means a case in which a child in the United States has been, is being, or will be moved to another Convention country for placement and adoption.

(14) “Prospective adoptive parents” means the parents, family members, or other people who reside in the residence, or the physical home location of the family, who have been studied and approved by a foreign authorized entity to adopt a child in the legal and physical custody of the Department and with whom the Department has made an official decision to place the child in the family home for the purpose of adoption.

(15) “Receiving Convention country” means a Convention country in which a child who is the subject of an outgoing adoption will be placed for purposes of adoption.

(16) “Relative” means:

(a) An individual with one of the following relationships to the child or young adult through the child or young adult’s parent:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(D) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(b) The unrelated legal or biological father or mother of a half-sibling of the child or young adult for the purposes of placing the half-siblings together.

(c) An individual with a relationship to the child or young adult’s half-sibling through the half-sibling’s legal or biological father or mother as described in paragraphs (a)(A) through (D) of this section, for the purpose of placing the half-siblings together.

(17) “Secretary of State” means the Secretary of the United States Department of State, the central authority for the United States.

(18) “Special Immigrant Juvenile Status” means the legal process to obtain lawful permanent resident status for a child who does not have lawful permanent resident status because he or she entered the United States without inspection.

(19) “U.S. State Department” means the United States Department of State.

Stat. Auth.: ORS 417.262, 417.265 & 418.005

Stats. Implemented: ORS 417.262, 417.265 & 418.005

Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14


Rule Caption: Changing OARs affecting Child Welfare programs

Adm. Order No.: CWP 10-2013

Filed with Sec. of State: 11-14-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 10-1-2013

Rules Adopted: 413-090-0055, 413-090-0060, 413-090-0065, 413-090-0070, 413-090-0075, 413-090-0080, 413-090-0085, 413-090-0090

Rules Amended: 413-010-0500

Subject: These rules are being written to standardize practice in the delivery of Behavior Rehabilitation Services in the child welfare system with other Oregon Departments who also contract for such services with BRS Contractors and BRS Providers. These rules also clarify the Placement Related Activities provided to a BRS client receiving Behavior Rehabilitation Services through a BRS Contractor or BRS Provider. These rules also outline the responsibilities of the Department for contract compliance and oversight. These rules ensure that Behavior Rehabilitation Services are provided to meet the needs of children and young adults in the care or custody of the Department.

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

413-010-0500

Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time

(1) The purpose of these rules (OAR 413-010-0500 to 413-010-0535) is to:

(a) State the rights of individuals and entities to request a contested case hearing when the Department takes certain actions; and

(b) Set forth rules governing some aspects of the contested case hearings process.

(2) The individuals and entities described below have the right to request a contested case hearing under ORS Chapter 183. In order to exercise the right to a hearing, the individual or entity must submit and the Department must receive a hearing request which complies with OAR 413-010-0505 within the timeframes described in that rule.

(a) A child or young adult placed in substitute care by the Department may request a hearing in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights that:

(A) Reduces or terminates the base rate payment;

(B) Determines, denies, reduces or terminates a level of care payment;

(C) Determines, denies, reduces or terminates a level of personal care payment;

(D) Denies eligibility under Title IV-E of the Social Security Act when such denial impacts a benefit;

(E) Denies, reduces or terminates the base rate payment made on behalf of the child’s or young adult’s minor child when the minor child:

(i) Lives with the child or young adult in substitute care; and

(ii) Is not in the legal custody of the Department; or

(F) Denies eligibility for medical assistance under Child Welfare Policy I-E.6.2, “Title XIX and General Assistance Medical Eligibility,” (OAR 413-100-0400 through 413-100-0610) when such denial impacts assistance.

(G) Denies prior authorization for the BRS Program under Child Welfare Policy I-E.5.1.1.1, “Behavior Rehabilitation Services Program,” (OAR 413-090-0075(2)(b)).

(b) Unless an adoption assistance agreement automatically expires, a pre-adoptive family or an adoptive family applying for or receiving adoption assistance under Child Welfare Policy I-G.3.1, “Adoption Assistance,” (OAR 413-130-0000 to 413-130-0130) may request a hearing in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E adoption assistance benefits;

(B) Denies adoption assistance from state funds;

(C) Reduces adoption assistance payments or terminates adoption assistance without the concurrence of the adoptive family;

(D) Reduces adoption assistance payments or terminates adoption assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(E) Offers the family a specific amount or type of adoption assistance when the Department and the adoptive family or pre-adoptive family are unable to reach agreement through a negotiation or renegotiation under OAR 413-130-0070 or 413-130-0075.

(c) Unless a guardianship assistance agreement automatically expires, a potential guardian or a guardian applying for or receiving guardianship assistance payments under Child Welfare Policy I-E.3.6.2, “Guardianship Assistance,” (OAR 413-070-0900 to 413-070-0982) in the manner set forth in OAR 413-010-0505 when the Department issues a notice and decision that includes a statement of hearing rights and:

(A) Denies Title IV-E guardianship assistance benefits;

(B) Terminates, reduces, or otherwise changes guardianship assistance payments without the concurrence of the guardian;

(C) Terminates guardianship assistance for a reason other than a child turning age 18 or a young adult turning age 21 when an extension has been granted; or

(D) Offers the family a specific amount or type of guardianship assistance when the Department and the guardian or potential guardian are unable to reach agreement through a negotiation or renegotiation under OAR 413-070-0917, 413-070-0939, or 413-070-0969.

(d) An applicant for a Certificate of Approval or a certified family may request a hearing in the manner set forth in OAR 413-010-0505 when the Department denies the application or revokes a certificate under Child Welfare Policy II-B.1, “Standards for Certification of Foster Parents, Relative Caregivers, and Approval of Potential Adoptive Resources,” (OAR 413-200-0301 to 413-200-0396);

(e) An applicant for a license to operate a private child-caring agency or a licensee may request a hearing in the manner set forth in OAR 413-010-0505 when the Department denies, suspends, or revokes a license or imposes a civil penalty under Child Welfare Policy II-C.1, “Licensing Umbrella Rules,” (OAR 413-215-0000 to 413-215-0131);

(f) An organization or school that operates a residential care program for children and is not also a private child-caring agency may request a hearing in the manner set forth in OAR 413-010-0505 when the Department orders the organization or school to alter the conditions under which a child lives or receives schooling or denies, suspends or revokes a license under Child Welfare Policy II-C.1, “Licensing Umbrella Rules,” (OAR 413-215-0000 to 413-215-0131);

(g) An applicant to adopt or an applicant for a Certificate of Approval may request a hearing in the manner set forth in OAR 413-010-0505 when the Department determines that the applicant is unfit based on the criminal offender information or a false statement regarding criminal offender information of the applicant or of another individual in the household of the applicant under Child Welfare Policy I-G.1.4, “Criminal Records Check Requirements for Relative Caregivers, Foster Parents, Adoptive Resources, and Other Persons in the Household,” (OAR 413-120-0400 to OAR 413-120-0475).

(3) A person may request a hearing in the manner set forth in OAR 413-010-0505 when that person has the right to a contested case hearing under a statute concerning Child Welfare Programs or a rule in Chapter 413.

(4) These rules (OAR 413-010-0500 to 413-010-0535), apply to contested cases arising from the properly made hearings requests described in sections (2) and (3) of this rule. The following other rules do or do not apply as noted:

(a) OAR 137-003-0501 to 137-003-0700 apply to these contested cases, except to the extent that rules in Chapter 413 are permitted to and provide otherwise.

(b) Rules in Chapter 461 do not apply to these contested cases unless a rule in Chapter 413 expressly refers to them.

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411 - 183.685, 411.095 & 418.005

Hist.: SOSCF 32-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 20-2009, f. & cert. ef. 12-29-09; CWP 8-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 27-2011, f. 11-3-11, cert. ef. 11-4-11; CWP 6-2012, f. & cert. ef. 9-7-12; CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0055

Effective Date and Administration of the BRS Program

(1) OAR 413-090-0055 through 413-090-0090 are effective on January 1, 2014.

(2) BRS contractors (see OAR 410-170-0020) and BRS providers (see OAR 410-170-0020) that provide services (see 410-170-0020) to a child (see 410-170-0020) or young adult (see 410-170-0020) in the care or custody of the Department of Human Services or one of the federally recognized tribes in Oregon must comply with the requirements in the BRS program general rules (410-170-0000 through 410-170-0120) and these rules (413-090-0055 through 413-090-0090).

(3) All references to federal and state laws and regulations referenced in these rules are those in place on November 13, 2013, and the Agency-specific BRS program rules that are effective on January 1, 2014.

Stat. Auth.: ORS 183.355, 409.050, 418.005, 411.060, 411.070 & 411.116

Stats. Implemented: ORS 418.005, 418.015, 418.027, 411.070, 411.116, 411.141, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0060

Purpose

The purpose of the Behavior Rehabilitation Services (BRS) Program (see OAR 410-170-0020) is to remediate the BRS client’s debilitating psychosocial, emotional, and behavioral disorders by providing such services (see 410-170-0020) as behavioral intervention, counseling, and skills-training. These rules supplement the BRS program general rules with additional requirements for BRS programs provided through contract with the Department (see 410-170-0020).

Stat. Auth.: ORS 409.050, 418.005, 411.060, 411.170 & 411.116

Stats. Implemented: ORS 418.005, 418.015, 418.027, 411.070, 411.116, 411.141, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0065

Definitions

In addition to the definitions in OAR 410-170-0020, the following definitions apply to these rules (413-090-0055 to 431-090-0090).

(1) “Absent day” means a calendar day that:

(a) The BRS client (see OAR 410-170-0020) is enrolled in but not physically present in the BRS provider’s (see OAR 410-170-0020) program;

(b) Does not meet the definition of a billable care day (see OAR 410-170-0020);

(c) The Department’s placement plan is to return the BRS client to the BRS provider (see OAR 410-170-0020); and

(d) The BRS contractor (see OAR 410-170-0020) or BRS provider obtains authorization from the BRS client’s caseworker (see OAR 410-170-0020) and the contract administrator (see section (5) of this rule) to bill the calendar day as an absent day.

(2) “Abuse check” means obtaining and reviewing abuse allegations, abuse investigation reports and associated exhibits and documents for the purpose of determining whether a subject individual has a history as a perpetrator of potentially disqualifying abuse (a potentially disqualifying condition) as described in OAR 407-007-0290(11).

(3) “Babysitting” means the provision of temporary, occasional care for a child (see OAR 410-170-0020) or young adult (see OAR 410-170-0020) that is:

(a) Ten consecutive hours or less; and

(b) Not overnight care.

(4) “Background Check Unit (BCU)” means the Department of Human Services’ Background Check Unit.

(5) “Contract administrator” means the employee or other individual designated in writing by the Department, by name or position description, to conduct the contract administration of a contract or class of contracts.

(6) “Criminal records check” means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:

(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information (see section (7) of this rule) obtained from other sources.

(b) A national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI) through the use of fingerprint cards sent to OSP and other identifying information. The national criminal records check may also include a review of other criminal records information.

(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information resources located in, or regarding, a state or jurisdiction outside Oregon.

(7) “Other criminal records information” means information obtained and used in the criminal records check process that is not criminal offender information from OSP. “Other criminal records information” includes but is not limited to police investigations and records, information from local or regional criminal records information systems, justice records, court records, information from the Oregon Judicial Information Network, sexual offender registration records, warrants, Oregon Department of Corrections records, Oregon Department of Transportation’s Driver and Motor Vehicle Services Division information, information provided on the background check requests, disclosures by a subject individual, and any other information from any jurisdiction obtained by or provided to the Department for the purpose of conducting a fitness determination.

(8) “Subject individual” means an individual described in OAR 407-007-0030(30)(a).

(a) For the purposes of this rule, a subject individual also includes:

(A) An individual who provides respite care (see OAR 410-170-0020) for an approved provider parent (see OAR 410-170-0020);

(B) An individual who volunteers with or is employed by an approved provider parent to assist with the care of a BRS client, other than an individual who provides babysitting (see section (3) of this rule) unless paragraph (D) of this subsection applies;

(C) An individual 18 years of age or older who is living in the home of an approved provider parent;

(D) An individual under 18 years of age who is living in the home of an approved provider parent if there is reason to believe the individual may pose a risk to a BRS client;

(E) An individual who provides babysitting or an individual who frequents the home of an approved provider parent if there is reason to believe the individual may pose a risk to a BRS client; and

(F) An individual who has access to a BRS client in the home of an approved provider parent if the contract administrator has requested a criminal records check on the individual.

(b) The following individuals are not subject individuals:

(A) A child or young adult in the care or custody of the Department who lives in the home of the approved provider parent, and

(B) A BRS client.

(9) “Transitional visit” means an overnight visit by the BRS client to another placement for the purpose of facilitating the BRS client’s transition.

Stat. Auth.: ORS 181.534, 181.537, 409.050, 411.060, 411.070, 411.116 & 418.005

Stats. Implemented: ORS 181.534, 181.537, 409.010, 409.025, 409.027, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.016, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0070

BRS Provider Requirements

In addition to the requirements in OAR 410-170-0030, the BRS contractor (see 410-170-0020) and the BRS provider (see 410-170-0020) providing services (see 410-170-0020) and placement-related activities (see 410-170-0020) to a BRS client (see 410-170-0020) in the care or custody of the Department (see 410-170-0020) or one of the federally-recognized Tribes in Oregon must comply with all of the following requirements:

(1) Ensure completion of a background check, including a criminal records check (see OAR 413-090-0065) and an abuse check (see 413-090-0065), on each subject individual (see 413-090-0065) in compliance with the Department’s Criminal Records and Abuse Check Rules in 407-007-0210 to 407-007-0380, any applicable background check requirements that apply to Public Child-Caring Agencies (see 410-170-0020) or Private Child-Caring Agencies (see 410-170-0020), and this section.

(a) Each time a criminal records check is required by OAR 407-007-0220, 413-215-0321(3)(c)–(d), 413-215-0331(2)(b)–(d), or 413-215-0061(1) for personnel of public child-caring agencies or private child-caring agencies, a national criminal records check, described in 407-007-0210(13)(b), must be completed, unless one of the following exceptions applies:

(A) The subject individual has previously had a national criminal records check, has not lived outside the state of Oregon for more than 60 consecutive days after the subject individual’s most recent criminal records check, and has not been arrested since the subject individual’s most recent criminal records check;

(B) The subject individual is a respite care (see OAR 413-090-0065) provider and has not lived outside the state of Oregon for more than 60 consecutive days in the last five years, does not disclose any history of arrests or convictions, and does not have a history of arrests or convictions, based on an Oregon criminal records check under OAR 407-007-0220(1) or information received from any other source;

(C) The subject individual is living in the home of an approved provider parent (see OAR 410-170-0020) and is under the age of 18, a babysitter (see 413-090-0065), or an individual who frequents the home of an approved provider parent but is not an employee or volunteer who assists with the care of a BRS client (see 410-170-0020); or

(D) The subject individual is unable to submit fingerprints due to a physical or mental condition that makes compliance impossible or presents an undue safety risk to the subject individual or Department staff and the contract administrator (see OAR 413-090-0065) provides written approval to forego a fingerprint-based check.

(b) Even if one of the circumstances in paragraphs (1)(a)(A) to (1)(a)(D) applies, the contract administrator may require a national criminal records check on a subject individual if deemed necessary by the Department.

(c) Notwithstanding OAR 407-007-0280, 407-007-0300 and 407-007-0320(1), a subject individual may not be approved to be an approved provider parent or an individual described in 413-090-0065(9)(a), if the subject individual has a conviction described in 413-120-0450(3) or (4). The Department’s Background Check Unit (see 413-090-0065) must provide written notice of the denial, as required by OAR 407-007-0320(2)-(3).

(d) Notwithstanding OAR 407-007-0280, when a subject individual is seeking to be approved as an approved provider parent or an individual described in 413-090-0065(9)(a), any conviction described in 413-120-0450(5), (6) and (7) or any arrest described in 413-120-0455(1) is a potentially disqualifying condition that requires a weighing test under 407-007-0300.

(A) The Department’s Background Check Unit shall make a final fitness determination in accordance with OAR 407-007-0320(1)(a) or (c).

(B) A subject individual subject to a weighing test may not be approved with restrictions under OAR 407-007-0320(1)(b).

(e) OAR 407-007-0330 applies to any decisions to deny a subject individual based on subsection (1)(b) or (1)(c) of this rule.

(f) A subject individual may be approved on a preliminary basis, consistent with OAR 413-120-0440(7), if the subject individual:

(A) Does not have a conviction described in subsection (1)(c) of this rule or OAR 413-120-0450(3) or (4);

(B) Preliminary approval of the subject individual is not prohibited by OAR 407-007-0315(7);

(C) The Department’s Background Check Unit conducts a preliminary fitness determination with a weighing test if the subject individual has any convictions or arrests described in subsection (1)(d) of this rule or potentially disqualifying abuse; and

(D) The Department’s Background Check Unit determines that, more likely than not, the subject individual poses no potential threat to BRS clients.

(2) Ensure the following documents are contained in the individual, confidential file of each BRS client:

(a) A face sheet with frequently referenced information;

(b) The BRS client’s medical insurance information;

(c) The BRS client’s school enrollment, attendance, progress and discipline information during the BRS client’s stay in the program;

(d) Signed consent for the BRS client to participate in the BRS program;

(e) Documentation regarding the individuals authorized to consent to medical or mental health services for the BRS client;

(f) Documentation regarding home or other family visits:

(g) Documentation of recreational, social, and cultural activities;

(h) Documentation of legal custody or voluntary placement status;

(i) Referral information;

(j) All services documentation, including but not limited to the ISP, AER, MSP, MSP updates, Discharge Summary and Aftercare Summary as required by BRS service planning in OAR 410-170-0070;

(k) Any restrictions on or special permissions for the BRS client’s participation in activities or outings and the duration of any restrictions or special permissions; and

(l) All other case related information specific to the BRS client.

(3) The BRS contractor and the BRS provider must maintain in their program records:

(a) Staff schedules for BRS programs utilizing a residential care model (see OAR 410-170-0020);

(b) Certification status for approved provider parents for BRS programs utilizing a therapeutic foster care model (see OAR 410-170-0020); and

(c) Authorization for each absent day (see OAR 413-090-0065) billed for a BRS client.

Stat. Auth.: ORS 181.534, 181.537, 409.050, 411.060, 411.070, 411.116 & 418.005

Stat. Implemented: ORS 181.534, 181.537, 409.010, 409.025, 409.027, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.016, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0075

Prior Authorization for the BRS program; Appeal Rights

(1) BRS Program Eligibility.

(a) The Department (see OAR 413-090-0065) may provide prior authorization for the BRS program to a child (see 410-170-0020) or young adult (see 410-170-0020) who:

(A) Meets the requirements in OAR 410-170-0040(2)(a)(A) through (C); and

(B) Is in the care or custody of the Department or one of the federally recognized tribes in Oregon.

(b) Notwithstanding subsection (1)(a) of this rule, the Department may provide prior authorization for the BRS program to a child or young adult who:

(A) Meets the requirements in OAR 410-170-0040(2)(a)(B) through (E);

(B) Is eligible for state-funded medical assistance under Title XIX and General Assistance Medical Eligibility, OAR 413-100-0400 through 413-100-0610; and

(C) Is in the care or custody of the Department or one of the federally recognized tribes in Oregon.

(2) Appeal Rights.

(a) When a child or young adult in the care or custody of the Department or a federally recognized tribe in Oregon is denied prior authorization for the BRS program under subsection (1)(a) of this rule, he or she is entitled to notice and contested case hearing rights under OAR 410-120-1860 to 410-120-1865. The contested case hearing will be held by the Authority (see OAR 410-170-0020).

(b) When a child or young adult in the care or custody of the Department and who is enrolled in the Oregon Health Plan is denied prior authorization for the BRS program under subsection (1)(b) of this rule, he or she is entitled to notice and contested case hearing rights under OAR 413-010-0500 to 413-010-0535. The contested case hearing will be held by the Department.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005

Stat. Implemented: ORS 409.010, 411.060, 411.070, 411.095, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0080

BRS Placement Related Activities for a Department BRS Contractor and BRS Provider

(1) A BRS contractor (see OAR 410-170-0020) and BRS provider (see 410-170-0020) must coordinate all placement-related activities (see 410-170-0020) for the BRS Client (see 410-170-0020) with the BRS client’s Department (see 410-170-0020) or Tribal caseworker (see 410-170-0020) to ensure these activities support the child welfare case plan and the child specific case plan.

(2) A BRS contractor and BRS provider must provide facilities, personnel, materials, equipment, supplies and services, and transportation related to placement-related activities.

(a) Clothing: The Department will place the BRS client with a BRS contractor and BRS provider with sufficient clothing at the time of placement. It is the BRS contractor’s and BRS provider’s responsibility to maintain the BRS client’s clothing at an adequate and appropriate level. A caseworker may request approval from a child welfare supervisor or program manager for payment for additional clothing when necessary.

(b) Transportation: A BRS contractor and BRS provider is responsible to arrange or provide transportation for the BRS client for the following: school, to the extent not provided by the school district; medical, dental, and therapeutic appointments; recreational and community activities; employment; and shopping for incidental items. Notwithstanding this responsibility, the cost of transportation for the BRS client for the purposes of home visits or visits to foster homes or relatives will be equally shared by the Department, the BRS contractor and BRS provider and in as much as they are able as determined by the Department, the BRS client’s parents. The BRS contractor, BRS provider, and the caseworker must jointly plan the transportation method and payment procedures as much in advance as possible.

(3) Non BRS-Related Medical and Mental Health Care.

(a) If there is no record that the BRS client has received a physical examination within the six months immediately prior to the BRS client’s placement with the BRS contractor and BRS provider, the BRS contractor and BRS provider must coordinate scheduling a medical exam with the BRS client’s caseworker, consistent with health insurance allowances, within 30 days of the BRS client’s placement. The BRS contractor and BRS provider must keep documentation of the medical exam in the BRS client’s file, and must send a copy to the BRS client’s caseworker.

(b) The BRS contractor and BRS provider must coordinate with each BRS client’s caseworker to ensure the BRS client’s mental health, physical health (including alcohol and drug treatment services), dental, and vision needs are met. This does not include paying the cost of services or medications which are covered by the Oregon Health Plan (OHP) or by the BRS client’s third party private insurance coverage. The BRS contractor and BRS provider must work with the BRS client’s Department or Tribal caseworker to secure payment for services or medications not covered by OHP or the BRS client’s third party private insurance coverage.

(c) The BRS contractor and BRS provider must administer and monitor medications consistent with all applicable Department rules in OAR 413-070-0400 through 413-070-0490, and the BRS provider’s medication management policy must comply with Department rules.

(d) The BRS contractor and BRS provider must facilitate the BRS client’s access to other medical and mental health providers whenever identified needs cannot be met within the scope of services offered by the BRS provider.

(4) Educational and vocational activities: A BRS contractor and BRS provider must have a system in place for a BRS client to attend school in order to meet the educational needs of a BRS client in its program either on-site or at an off-site location that complies with OAR 413-100-0900 through 413-100-0940.

(5) Language and culture: The BRS contractor and BRS provider must allow a BRS client to speak his or her primary language and must honor his or her culture.

(6) Other placement-related activities (see OAR 410-170-0020):

(a) Recreational, social, and cultural activities:

(A) A BRS contractor and BRS provider must provide recreation time for the BRS client on a daily basis. A BRS contractor and BRS provider must offer activities that are varied in type to allow the BRS client to obtain new experiences.

(B) A BRS contractor and BRS provider must provide each BRS client a minimum of one opportunity per week to participate in recreational activities in the community, unless the BRS client is clearly unable to participate in offsite activities due to safety issues.

(C) The BRS contractor and BRS provider must provide access to or make available social and cultural activities for the BRS client. These activities are to promote the BRS client’s normal development and help broaden the BRS client’s understanding and appreciation of the community, arts, environment and other cultural groups.

(D) The BRS contractor and BRS provider must not permit a BRS client to participate in recreational activities that present a higher level of risk to a BRS client without the Department’s approval. This applies to activities that require a moderate to high level of technical expertise to perform safely, present environmental hazards, or where special certification or training is recommended or required such as: whitewater rafting, rock climbing, ropes courses, activities on or in any body of water where a certified lifeguard is not present and on duty, camping, backpacking, mountain climbing, using motorized yard equipment, and horseback riding.

(b) Academic Assistance: If needed, the BRS contractor and BRS provider must provide adequate opportunities for the BRS client to complete homework assignments with assistance from staff, or an approved provider parent (see OAR 410-170-0020), if applicable.

(7) The BRS contractor and BRS provider must comply with Child Welfare Policy I-A.4.1, “Rights of Children and Young Adults”.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005

Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0085

Billing and Payment for Services and Placement-Related Activities

(1) Billable care day (see OAR 410-170-0020):

(a) The BRS contractor (see OAR 410-170-0020) is compensated for a billable care day services (see 410-170-0020) and placement-related activities (see 410-170-0020) rates on a fee-for-service basis in accordance with OAR 410-170-0120.

(b) The BRS contractor may include an overnight transitional visit (see OAR 413-090-0065) by the BRS client (see 410-170-0020) to another placement in its billable care days. The BRS contractor must:

(A) Receive prior approval for the transitional visit from the Department (see OAR 410-170-0020);

(B) Ensure that the transitional visit is in support of the MSP goals related to transition;

(C) Pay the hosting placement at the established absent day (see OAR 413-090-0065) rate for the sending BRS provider (see 410-170-0020); and

(D) Ensure the hosting placement will not seek any reimbursement from the Department for the care of the visiting BRS client.

(2) Absent Days:

(a) The BRS contractor is compensated for an absent day at the absent day rate in order to hold a BRS program placement for a BRS client with the prior approval of the BRS client’s caseworker (see OAR 410-270-0020).

(b) Notwithstanding OAR 410-170-0110(4), the BRS contractor may request prior approval from the BRS client’s caseworker to be reimbursed for more than 8 but no more than 14 calendar days of home visits in a month for a BRS client. However, any additional days of home visits approved under this rule will be paid at the absent day rate.

(3) The BRS contractor may only be reimbursed for the BRS type of care (see OAR 410-170-0020) authorized in the contract with the Department.

(4) Invoice Form:

(a) The BRS contractor must submit to the Department a monthly invoice in a format acceptable to the Department, on or after the first day of the month following the month in which services (see OAR 410-170-0020) and placement-related activities (see 410-170-0020) were provided to the BRS client. The monthly invoice must specify the number of billable care days and absent days for each BRS client in that month.

(b) The BRS contractor must provide upon request, in a format approved by the Department, written documentation of each BRS client’s location for each day claimed as a billable care day and an absent day.

(5) Billable care day and absent day rates are provided in the “BRS Rates Table”, dated January 1, 2014, which is adopted as Exhibit 1 and incorporated by reference into this rule. A printed copy may be obtained from the Department.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116 & 418.005

Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.027, 418.285, 418.312, 418.315, 418.490 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

413-090-0090

Compliance Reviews and Remedies

(1) The BRS contractor (see OAR 410-170-0020) must cooperate, and ensure its BRS providers cooperate, with program compliance reviews or audits conducted by any federal, state or local governmental agency or entity related to the BRS program, including but not limited to the Department’s provider rules 407-120-0170, 407-120-0180, 407-120-0310, and 407-120-1505.

(2) The Department (see OAR 410-170-0020) or its designee will conduct compliance reviews periodically, including but not limited to review of documentation and onsite inspections.

(3) The Department may pursue any combination of contract remedies, including but not limited to recovery of overpayments; licensing actions; and other remedies authorized under the contract, at law or in equity against a BRS Contractor, a BRS Provider (see OAR 410-170-0020), or both, for non-compliance with applicable laws, regulations or contract provisions,. In addition to or in lieu of any of the above, the Department may proceed under the applicable provisions of 410-170-0120.

Stat. Auth.: 409.050, 411.060, 411.070, 411.116 & 418.005

Stat. Implemented: 409.010, 411.060, 411.070, 411.116, 418.005, 418.027 & 418.495

Hist.: CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14

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

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