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The Oregon Administrative Rules contain OARs filed through August 15, 2016
 
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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 215

PRIVATE CHILD CARING AGENCIES

Licensing Umbrella Rules

413-215-0001

Regulation of Child-caring Agencies

Except for a licensee subcontractor that provides limited services under OAR 413-215-0061(6)(b):

(1) A child-caring agency must have a license issued by the Department in accordance with Division 413-215. A licensee must at all times comply with the provisions of the license and with all laws (including rules) applicable to the child-caring agency.

(2) A child-caring agency may not represent itself as able to or purport to provide services governed by the rules in Division 413-215, except the services the child-caring agency is authorized by law (including rules) and licensed to provide.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0006

Definitions

As used in OAR 413-215-0001 to 413-215-0131:

(1) "Agency" means a private child-caring agency (under ORS 418.205(2)(a) and section (6) of this rule) or an organization or school that offers a residential program for children (regulated by ORS 418.327).

(2) "Child" means an unmarried person who is under 18 years of age.

(3) "Children" mean unmarried persons under 18 years of age.

(4) "Department" means the Oregon Department of Human Services.

(5) "Licensee" means a private child-caring agency or an organization or school that offers a residential program for children (regulated by ORS 418.327) and holds a license issued by the Department.

(6) "Private child-caring agency" is defined by the definitions in ORS 418.205, and means a "child-caring agency" that is not owned, operated, or administered by any governmental agency or unit.

(a) A "child-caring agency" means an agency or organization providing:

(A) Day treatment for disturbed children;

(B) Adoption placement services;

(C) Residential care, including but not limited to foster care or residential treatment for children;

(D) Outdoor youth programs (defined at OAR 413-215-0911); or

(E) Other similar services for children.

(b) A child-caring agency does not include residential facilities or foster care homes certified or licensed by the Department under ORS 443.400 to 443.455, 443.830 and 443.835 for children receiving developmental disability services.

(7) "Program" means a set of one or more services provided by an agency that make the agency subject to the rules in Division 413-215.

(8) "Substantial compliance" means a level of adherence to the rules in Division 413-215 and other applicable law that, although failing to meet one or more of the requirements of these rules, in the Department's estimation does none of the following:

(a) Constitute a danger to the health or safety of any individual.

(b) Constitute a willful or ongoing violation of the rights of children or families served by an agency.

(c) Prevent the accomplishment of the Department's purposes.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0011

Requirement to Obtain and Comply with License

Except for a licensee subcontractor that provides limited services under OAR 413-215-0061(6)(b):

(1) A child-caring agency must have a license issued by the Department in accordance with Division 413-215. A licensee must at all times comply with the provisions of the license and with all laws (including rules) applicable to the child-caring agency.

(2) A child-caring agency may not represent itself as able to or purport to provide services governed by the rules in Division 413-215, except the services the child-caring agency is authorized by law (including rules) and licensed to provide.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0016

Requirements Related to Corporation Status

(1) Only a corporation may receive a license from the Department under these rules (OAR 413-215-0001 to 413-215-0131). A limited liability company is an unincorporated association, and not a corporation, and may not be licensed under Division 413-215.

(2) In-state and out-of-state corporations must meet all requirements of the Oregon Secretary of State, Corporation Division in order to receive a license from the Department.

(3) A child-caring agency’s articles of incorporation, its bylaws, or another written document approved by the board of directors must clearly set forth the purposes of the organization.

(4) A licensee must submit to the Department within seven business days each amendment to its articles of incorporation, bylaws, statement of its purposes, and name registration.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0050, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0021

Governance

(1) Governing board requirements.

(a) A child-caring agency must have a governing board that has responsibility for its mission, operation, policy, and practices. These responsibilities must be stated in writing.

(b) The governing board of a child-caring agency must be a board of directors consisting of no fewer than five responsible individuals of good moral character who are citizens or legal residents of the United States.

(c) A child-caring agency must maintain a list of the members of the governing board that includes the name, address, telephone number, board office, and term of membership for each.

(d) Members of the governing board of a child-caring agency that is a not-for-profit agency may not receive compensation for serving on the board, other than reasonable reimbursement for the expenses associated with their services.

(2) Responsibilities of the governing board. The governing board of a child-caring agency must have all of the following responsibilities:

(a) To provide leadership for the child-caring agency.

(b) To be responsible for establishing the child-caring agency's by-laws and policies, to monitor the agency's programs consistent with its policies and mission, and to guide program development.

(c) To adopt by-laws that provide a basic structure for the operation of the programs of the child-caring agency.

(d) To develop by-laws for selection and rotation of its members.

(e) To ensure the employment of a qualified executive director and to delegate appropriate responsibility to that individual for the administration, management, and operation of the child-caring agency, including the employment of all child-caring agency staff and the authority to dismiss any staff member.

(f) To formally evaluate the executive director's performance annually.

(g) To approve the annual budget of anticipated income and expenditures necessary to provide the services described in its program description.

(h) To review an annual report of actual income and expenditures.

(i) To obtain and review an annual independent financial review of financial records.

(j) To establish and ensure compliance with personnel practices for the selection and retention of staff sufficient to operate the child-caring agency.

(k) To ensure a written quality improvement program that identifies systematic efforts to improve its services.

(l) To keep permanent records of meetings and deliberations on major decisions affecting the delivery of services.

(3) Executive director or program director requirements. A child-caring agency must operate under the direct supervision of an executive or program director appointed by the governing board. The executive director or program director must have all of the following qualifications:

(a) Knowledge of the requirements for providing care and treatment appropriate to the child-caring agency's programs.

(b) Ability to maintain records on children in care and families, personnel, and the child-caring agency in accordance with these rules.

(c) Ability to direct the work of staff.

(d) No history of conduct indicating it may be unsafe to allow the individual to supervise the care of children.

(e) Health sufficient to carry out the duties of the position.

(f) Good moral character, including honesty, fairness, and respect for the rights of others.

(4) The executive or program director must be responsible for all of the following:

(a) The daily operation and maintenance of the child-caring agency and its facilities in compliance with the rules in Division 413-215 and the established program budget.

(b) Administration of policies and procedures to ensure clear definition of staff roles and responsibilities, lines of authority, and equitable workloads that ensure safe and protective care, supervision, and treatment of the children served by the child-caring agency.

(c) Ensuring that only individuals whose presence does not jeopardize the health, safety, or welfare of the children in care served by the child-caring agency are employed or used as volunteers.

(d) Recruiting, employing, supervising, training, or arranging for training.

(e) Reporting to the governing board on the operation of the child-caring agency.

(f) Providing for appropriate staff to assume the executive or program director's responsibility for the operation and maintenance of the child-caring agency whenever the executive or program director is absent from the child-caring agency.

(g) Terminating from employment any staff member who is unsuitable or who performs in an unsatisfactory manner.

(h) Complying with all laws, and ensuring that all child-caring agency employees, contractors, and agents comply with all laws, including mandatory child abuse reporting laws.

(i) Ensuring that the child-caring agency, including its employees, contractors, and agents, complies with all licensing rules and regulations and internal policies and procedures of the child-caring agency.

(5) Suitability. In order for the Department to evaluate the suitability of a child-caring agency and its staff, the child-caring agency must immediately disclose to the Department all of the following information:

(a) Each instance in which the child-caring agency or a member of its staff or board of directors has permanently lost the right to provide services to children or families in any jurisdiction, and the basis for each action.

(b) The circumstances and disposition of any licensing denial, suspension, or revocation; or any other negative sanction or proposed sanction by an oversight body against the child-caring agency or a member of its staff or board of directors, if the denial, suspension, or revocation; or any other negative sanction or proposed sanction results from conduct that is relevant to the child-caring agency's, staff's, or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(c) For the previous ten years, any disciplinary action against or investigation of the child-caring agency or a member of its staff or board of directors by a licensing or accrediting body, including the basis and disposition of each action, if the disciplinary action or investigation results from conduct that is relevant to the agency's or staff's or board member's ability or fitness to carry out the duties imposed by these rules and governing statutes.

(d) Any instance in which the child-caring agency or a member of its staff or board of directors has been found guilty of any crime under federal, state, or foreign law.

(e) Any civil or administrative violation involving financial irregularities by the agency or a member of its staff or board of directors under federal, state, or foreign law.

(f) For the previous five years, any instance in which the child-caring agency, a member of its board of directors, or its executive or program director has filed for bankruptcy.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0060, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0026

Financial Management

(1) Budget. A child-caring agency must operate under an annual line-item budget, showing planned expenditures and sources of income, which has been approved by the governing board as the plan for management of its funds, and provide a copy to the Department upon request.

(2) Funding. The annual budget of a licensee must document that the licensee has sufficient funds to meet the requirements of licensure, to operate the programs the licensee is licensed to operate, and to provide the services the licensee has stated the child-caring agency will provide.

(3) Fiscal accountability.

(a) A child-caring agency must maintain complete and accurate accounts, books, and records following generally accepted principles of accounting. A child-caring agency must provide to the Department current internal financial statements, general ledgers, bank statements, and any other financial records upon request.

(b) Beginning January 1, 2017, agencies with annual revenue in excess of $1,000,000 must provide annually to the Department:

(A) An annual audit completed by an independent certified public accountant who is not an employee of the child-caring agency and not otherwise affiliated with the child-caring agency and any financial statements or records submitted for purposes of that audit; and

(B) A tax compliance certificate issued by the Department of Revenue.

(c) Beginning January 1, 2017, agencies with annual revenue less than $1,000,000 must provide annually to the Department:

(A) An annual review conducted by an independent certified public accountant who is not an employee of the child-caring agency and not otherwise affiliated with the child-caring agency and any financial statements or records submitted for purposes of that review; and

(B) A tax compliance certificate issued by the Department of Revenue.

(4) A child-caring agency that is a non-profit corporation must comply with the requirements of ORS 128.610 to 128.769.

(5) Insurance. A child-caring agency must at all times maintain each of the following:

(a) General liability insurance in an amount that is reasonably related to the exposure to risk but in no case in an amount less than $1,000,000 for each occurrence and $3,000,000 aggregate.

(b) Adequate fire insurance.

(c) Adequate auto insurance if the child-caring agency owns or operates a vehicle.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0031

Cultural, Ethnic, and Gender-specific Services

A child-caring agency must make efforts, including attending available training, to ensure services provided to children in care and families are compatible with the cultural, ethnic, and gender considerations the children in care and families served by the child-caring agency consider important. The child-caring agency must ensure that written materials are made available in other languages as necessary, or as indicated by the demographic environment or the population served by the program.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0036

Conflict of Interest

A child-caring agency must have a conflict of interest policy that prohibits preferential treatment of board members, employees, volunteers, and contributors. The policy must outline safeguards when the child-caring agency allows dual relationships, such as employees serving as proctor foster parents, including the requirement that all material facts of the conflicted transaction and the direct or indirect interest of the board member, employee, volunteer, or contributor are disclosed or known to the board approving the conflicted transaction. If circumstances do not permit board approval of the conflicted transaction, a non-profit child-caring agency may obtain the approval of the Attorney General or the Department prior to entering into the transaction.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0041

Code of Ethics

If a child-caring agency subscribes to a code of ethics, or if the child-caring agency expects that all or some portion of its staff subscribe to a code of ethics, the child-caring agency must identify the code and make it available for review upon request.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0046

Children and Families Rights Policy and Grievance Procedures

(1) Rights of children in care and families served by the child-caring agency. A child-caring agency must guarantee the rights of children in care and the families the child-caring agency serves. A child-caring agency must enact and adhere to a policy ensuring those rights. A written copy must be distributed to all children in care and families served by the child-caring agency, and afford the following rights:

(a) The child in care's right to communicate with parents, legal guardians, legal representatives, or other persons approved for communication by the parent or legal guardian.

(b) The child in care's right to privacy.

(c) The child in care's right to participate in service planning.

(d) The child in care's right to fair and equitable treatment.

(e) The child in care's right to file a grievance if the child in care or family feels that they are treated unfairly or if they are not in agreement with the services provided.

(f) The child in care's right to have personally exclusive clothing

(g) The child in care's right to personal belongings.

(h) The child in care's right to an appropriate education.

(i) The child in care's right to participate in recreation and leisure activities.

(j) The child in care's right to have timely access to physical and behavioral health care services.

(2) Grievance Procedures.

(a) A child-caring agency must enact and adhere to written procedures for the children in care and families the child-caring agency serves to submit a grievance. The child-caring agency must provide the procedures to each child in care and family. The procedures must include all of the following:

(A) A process likely to result in a fair and expeditious resolution of a grievance.

(B) A prohibition of reprisal or retaliation against any individual who files a grievance.

(C) A procedure to follow, in the event the grievance is filed against the executive director, that ensures that the executive director does not make the final decision on the grievance.

(D) The name, address, and phone number of:

(i) A Department licensing coordinator; and

(ii) Any other governmental entities with oversight responsibilities.

(b) Grievances and complaints filed with the child-caring agency and all information obtained in their resolution must be maintained for a minimum of two years and provided to the Department upon request.

(3) A child-caring agency serving children in care who are also in Department care or custody must:

(a) Post and adhere to the Oregon Foster Children’s Bill of Rights in accordance with the requirements of OAR 413-010-0180 and comply with ORS 418.200 to 418.202; and

(b) Have and adhere to a process for children in care in Department care or custody to make complaints consistent with ORS 418.201(1).

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0051

Resources Required

(1) A child-caring agency must ensure that it has sufficient safe space, equipment, and office equipment to deliver its services within Oregon.

(2) A child-caring agency must employ or contract for a sufficient number of competent and qualified employees to perform the functions regulated by these rules and to provide adequate care, safety, protection, and supervision of the children in care and families the child-caring agency serves.

(3) The child-caring agency must ensure that an individual who fulfills more than one staff function or position is trained for and meets the requirements for each position.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0056

Policies and Procedures

(1) For each program it is licensed to operate, a licensee must have and adhere to comprehensive policies and procedures that are well organized, accessible, and easy to use.

(2) The policies and procedures in section (1) of this rule must include a written policy on mandatory child abuse reporting, consistent with ORS 419B.005, 419B.010, and 419B.015 that includes requirements that agency employees, staff, contractors, agents, and proctor foster parents do all of the following:

(a) Immediately report suspected child abuse directly to the Department via the child abuse reporting hotline.

(b) Receive child-caring agency-provided training on mandatory abuse reporting requirements as part of employee orientation and at least annually thereafter as described in OAR 413-215-0061.

(c) Receive child-caring agency-provided training on the legal definition of child abuse in ORS 419B.005, and the definition of abuse that applies in child caring agencies as set forth in Oregon Laws 2016, chapter 106, section 36.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0061

Personnel

(1) Staff requirements and hiring. In order to ensure that the child-caring agency uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, a child-caring agency and its contractors must meet all of the following requirements:

(a) Comply with the Department's background check rules at OAR 407-007-0200 to 407-007-0370.

(b) Obtain reference checks.

(c) Employ individuals who meet the staff minimum qualifications as stated in the current job description.

(2) Personnel policies of the child-caring agency and its contractors must include all of the following:

(a) For each staff position, a job title and a written job description that defines the qualifications, duties, and lines of authority for the position.

(b) A staff development plan providing for opportunities for professional growth through supervision, training, and experience.

(c) Procedures for a written annual evaluation of the work and performance of each staff member that include provision for employee participation in the evaluation process.

(d) A description of the termination procedures established for resignation, retirement, and dismissal.

(e) A written grievance procedure for staff.

(3) Personnel Files. The child-caring agency and its contractors must have a personnel file for each employee that is maintained for a minimum of two years after the termination date of each employee and includes all of the following:

(a) A record of education, training, and previous employment.

(b) Documentation of reference checks.

(c) Documentation that a background was completed as required in OAR 407-007-0200 to 407-007-0370.

(d) Annual performance evaluations.

(e) Ongoing record of training received.

(f) Records of personnel actions.

(g) Starting and termination dates, and reason for termination.

(h) A current job description.

(4) Staff orientation. A child-caring agency must provide orientation to each newly hired employee within 30 days of employment on all of the following subjects:

(a) Child-caring agency policies and procedures.

(b) Ethical and professional guidelines.

(c) Organizational lines of authority.

(d) Attributes of population served.

(e) Child-abuse reporting laws and requirements including the definition of abuse that applies specifically to a child in care.

(f) Privacy laws.

(g) Emergency procedures.

(5) Child abuse reporting training: A child-caring agency must provide training and written materials on mandatory child abuse reporting responsibilities to all employees and, if applicable, proctor foster parents as part of initial orientation and annually thereafter. The training must include written instruction on the following:

(a) The legal definition of child abuse in ORS 419B.005 and the definition of abuse that applies in child-caring agencies as set forth in Oregon Laws 2016, chapter 106, section 36;

(b) The legal responsibility to immediately report suspected child abuse or neglect by calling the appropriate child abuse reporting hotline; and

(c) The legal responsibility to report child abuse is personal to the employee and, if applicable, the approved proctor foster parent and is not fulfilled by reporting the child abuse or neglect to the owner, operator, or any other employee of the child-caring agency even if the owner, operator, or other employee reports the child abuse to the Department.

(6) Contractor-related requirements.

(a) If a child-caring agency contracts with other private providers or individuals in lieu of or in addition to hiring permanent employees, the child-caring agency must ensure that the contractor meets the applicable requirements of this rule and the rules in Division 413-215 specific to the type of service the contractor provides.

(b) If the child-caring agency contracts to provide any of its services:

(A) The child-caring agency must ensure the contractor has a process to screen its employees for professional conduct and sufficient methods for holding its employees accountable.

(B) The contract between the child-caring agency and contractor must specify all of the following:

(i) The services the contractor provides.

(ii) The contractor's fees.

(iii) Disclosure of information from the contractor to the agency.

(iv) Lines of authority between the contractor and the child-caring agency and among employees of the contractor in connection with the provision of services.

(v) Adherence to applicable Department rules and requirements, including, but not limited to the background check rules in OAR 407-007-0200 to 407-007-0370.

(vi) Any liability of the child-caring agency for acts of the contractor, any rights of indemnity, and any limitations on liability of the child-caring agency or contractor.

(C) The child-caring agency must amend any contracts that started prior to the effective date of this rule to comply with this rule.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0070, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0066

Privacy

(1) A child-caring agency must have and follow a written policy that addresses protection of the privacy of children and families the child-caring agency serves or has served.

(2) Except as provided section (4) of this rule, a child-caring agency may not disclose any identifying information of a child in care, including a picture, without first obtaining the written consent from the child's parents or legal guardians.

(3) A child-caring agency must ensure the privacy of all information that identifies a child in care or family the child-caring agency serves. A child-caring agency may not disclose such information without proper written consent or as otherwise allowed by law.

(4) A person making a report of abuse as required in ORS 419B.010 and Oregon Laws 2016, chapter 106, section 37, may include references to otherwise confidential information for the sole purpose of making the report.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0071

Records and Documentation

With respect to the records on children in care and families a child-caring agency serves and to other records maintained by a child-caring agency, the child-caring agency must meet all of the following requirements:

(1) The child-caring agency must accurately prepare and safely store its records and ensure the records are readily available for inspection by the Department.

(2) All entries in records required by the rules in Division 413-215 must be permanent, legible, dated, and signed by the person making the entry.

(3) Records must be uniform in organization, readily identifiable and accessible, current and complete, and contain all of the information required of the child-caring agency by the rules in Division 413-215.

(4) Records must be corrected, when necessary, by the use of a single line drawn through the incorrect information, the addition of the correct information, a notation of the date the correction is made, and the initials of the person making the correction. No "white out," eraser tape, or other means of eradicating information may be used to make a change to a record.

(5) Fiscal records must be kept that are accurately prepared and properly reflect all direct and indirect revenues and expenditures for the operation and maintenance of the child-caring agency.

(6) The child-caring agency must keep reports of all inspections of the child-caring agency and its facilities for not less than five years after an inspection.

(7) The child-caring agency must maintain a permanent registry of each child in care the child-caring agency serves. The registry must include the child in care's name, gender, and birth date; the names and addresses of his or her parents or guardians; the dates of admission; and the placement upon discharge.

(8) If a child-caring agency changes ownership or executive or program director, all records of the children in care and families served by the child-caring agency must remain in a facility operated by the child-caring agency.

(9) Prior to the dissolution of a child-caring agency, the executive or program director must inform, in writing, a Department licensing coordinator of the location and storage of records on children in care or that the records have been transferred with the children in care to a new facility.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0140, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0076

Discipline and Behavior Management (Excluding Adoption Agencies)

(1) A child-caring agency except a child-caring agency licensed only to provide adoption services under OAR 413-215-0401 to 413-215-0481 must meet all of the requirements of this rule.

(2) Discipline Policy.

(a) A child-caring agency must incorporate into the program’s care-giving practices positive non-punitive discipline and ways of helping a child in care build positive personal relationships, self-control, and self-esteem.

(b) The discipline policy must prohibit all of the following:

(A) Spanking, hitting, or striking with an instrument.

(B) Committing an act designed to humiliate, ridicule, or degrade a child in care or undermine the self-respect of a child in care.

(C) Punishing a child in care in the presence of a group or punishment of a group for the behavior of one child in care.

(D) Depriving a child in care of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental contact.

(E) Assigning extremely strenuous exercise or work or requiring a child in care to spend prolonged time in one position likely to produce unreasonable discomfort.

(F) Using physical restraint (see paragraph (3)(e)(A) of this rule) or seclusion as discipline.

(G) Permitting or directing a child in care to punish another child in care.

(H) Using any other kind of harsh punishment.

(I) Denying a parent, guardian, or sibling the right to visit a child in care solely as a disciplinary measure against the child in care.

(3) Behavior Management.

(a) The child-caring agency must have and follow behavioral management policies consistent with the requirements of this rule. Copies of the policies shall be provided to the Department annually and at any time that they are adopted, amended, or deleted.

(b) The behavior management policy of the child-caring agency must identify appropriate and positive methods of behavior management based on a child's needs, developmental level, and behavior.

(c) The policies must include a description of the model, program, or techniques used and its use of each of the following:

(A) Non-violent crisis intervention. For purposes of this rule, "non-violent crisis intervention" means a nationally recognized, holistic system for defusing escalating behavior and safely managing physically aggressive behavior. The agency's choice of a "non-violent crisis-intervention system" must be conveyed to and approved by the Department.

(B) Use of time out, if applicable.

(C) Use of restraints, if applicable.

(i) Chemical restraint, meaning the administration of medication for the management of uncontrolled behavior, is prohibited. Chemical restraint is different from the use of medication for treatment of symptoms of severe emotional disturbances or disorders

(ii) Mechanical restraint, meaning the use of any physical device to involuntarily restrain the movement of a child in care as a means of controlling his or her physical activities, is prohibited.

(D) Use of seclusion, if applicable.

(d) Time out.

(A) For the purpose of this rule, "time out" means restricting a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control.

(B) "Time out" must include frequent contact with staff.

(C) Rooms used for "time out" must have adequate space, heat, light, and ventilation, and must not be capable of locking.

(D) "Time out" episodes must be documented in the child in care's clinical record.

(e) Physical restraint.

(A) For the purposes of this rule, "physical restraint" means the act of restricting a child in care's voluntary movement as an emergency measure in order to manage and protect the child in care or others from injury when no alternate actions are sufficient to manage the child in care's behavior. "Physical restraint" does not include temporarily holding a child in care to assist him or her or assure his or her safety, such as preventing a child in care from running onto a busy street.

(B) Only child-caring agency staff and proctor foster parents who have been trained in a nationally recognized non-violent crisis-intervention system may use physical restraint and only when physical restraint is necessary as a last resort to prevent a child in care from inflicting harm to self or others.

(C) The child-caring agency must report each use of physical restraint on a child in care to the child in care's parent or legal guardian, caseworker, or probation officer within five working days, and must document the notification in the child in care's case file.

(D) Any use of physical restraint by a staff member of the child-caring agency, if the member is not trained in a nationally recognized non-violent crisis intervention system, must also be reported to a Department licensing coordinator within one working day of occurrence.

(E) Limitations. The child-caring agency must have a policy that prohibits the application of a non-violent physical restraint to a child in care who has a documented physical condition that would contraindicate the use of that particular restraint, unless a qualified medical professional has previously and specifically authorized its use in writing for that child in care. Documentation of the authorization must be maintained in the child in care's record.

(F) Physical Restraint Documentation. The policies of the child-caring agency must require a report on an incident report form of behavior that required the use of physical restraint. The report must include the specific attempts to de-escalate the situation before using physical restraint and the length of time the physical restraint was applied. The report must include the time the restraint started and the time it was terminated, the debriefing completed with the staff and child in care involved in the physical restraint, and documentation of a review by the executive director, program director, or designee.

(G) Review. The policies of the child-caring agency must require that whenever a physical restraint is used on a child in care more than two times in seven days, there is a review by the executive director, the director's designee, or a management team to determine the suitability of the program for the child in care, whether modifications to the child in care's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The child-caring agency must take appropriate action indicated by the review. 

(f) Seclusion.

(A) For the purposes of this rule, "seclusion" means that a child in care is involuntarily confined to an area or room, and is physically prevented from leaving.

(B) Rooms used for seclusion must have adequate space, heat, light, and ventilation.

(C) Seclusion may only be used to ensure the safety of the resident or others during an emergency safety situation.

(D) Episodes of seclusion are limited to two hours for children in care age nine and older and one hour for children in care under the age of nine.

(E) Visual monitoring of a child in care in seclusion must occur and be documented at least every fifteen minutes.

(F) Each incident of seclusion must be documented in the child in care's clinical record, and must include the clinical justification for its use.

(G) If incidents of seclusion used with an individual child in care cumulatively exceed five hours in five days, or a single episode of more than two hours for children in care age nine and older or more than one hour for children in care under age nine, the executive director or designee must review the case with those with clinical leadership responsibilities to evaluate the child in care's plan of care and make necessary adjustments.

(4) If the child-caring agency utilizes seclusion and restraint as part of its behavior management practices, its use of seclusion and restraint must be in compliance with all applicable federal and state regulations and rules.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0190, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0081

Application for License

(1) For purposes of this rule, "applicant" means a child-caring agency that is in the process of applying for a license from the Department.

(2) Application required.

(a) A child-caring agency must submit a completed application in each of the following situations:

(A) To obtain an initial license.

(B) To renew a license.

(b) An applicant must apply for a license on forms provided by the Department.

(3) Documents to be submitted by a new applicant. The applicant must submit to the Department at the time of application all of the following documents:

(a) An application form that is complete and signed by the board chair and either the executive director or program director.

(b) A copy of the articles of incorporation, bylaws, amendments to the articles of incorporation and bylaws, and documents evidencing each name change or assumed business name.

(c) A list of the current board of directors, including names, addresses, telephone numbers, email addresses, term, and office held.

(d) A complete personnel list with job titles.

(e) An organization chart with job titles and staff names.

(f) Authorization to obtain criminal histories and child abuse background checks in accordance with these rules on the executive director and program director.

(g) A proposed annual budget adequate to finance the program. The budget must clearly indicate all sources of income and anticipated expenditures, as described in OAR 413-215-0026.

(h) A written program description, including admission requirements, population served, gender and ages served, types of programs and services offered, the cost to clients (if any), the geographical area to be served, and the projected staffing pattern. The program description must identify all exclusions that would make a child in care ineligible to be served by the child-caring agency.

(i) For new, expanding, or changing residential programs only, documentary proof of compliance with ORS 336.575, which requires notification of the superintendent or the district school board of possible effect of additional children in care and services, three months before children in care arrive at the agency's facility.

(j) Current copies of all written policies and procedures required by these rules including:

(A) A written policy on conflict of interest that meets the requirements of OAR 413-215-0036.

(B) Written policies regarding the rights of children and families the child-caring agency would serve upon being licensed that meets the requirements of OAR 413-215-0046.

(C) A grievance procedure for children in care and families that meets the requirements of OAR 413-215-0046.

(D) A written policy on mandatory child abuse reporting that meets the requirements of OAR 413-215-0056.

(E) A written policy regarding personnel that meets the requirements of OAR 413-215-0061.

(F) A written privacy policy that meets the requirements of OAR 413-215-0066.

(G) A written discipline and behavior management policy that meets the requirements of OAR 413-215-0076.

(H) A written policy for compliance with Interstate Compact on the Placement of Children (ICPC) (see ORS 417.200 to 417.260), if applicable.

(I) A written policy for compliance with the Indian Child Welfare Act of 1978, Pub. L. No. 95-608, 92 Stat. 3069 (1978) (ICWA) (see OAR 413-070-0100 to 413-070-0260), if applicable.

(k) Floor plans for any proposed facility.

(l) Proof of adequate fire, auto, and liability insurance.

(m) Emergency procedures.

(n) Current inspection report of the Fire Marshal and current sanitation inspection reports, unless the application is for a license as an adoption agency or a foster care agency. For an outdoor youth program, these inspections reports are only required for each base camp component.

(o) For the previous ten years, a copy of each report by a federal or state authority concerning a criminal charge, charge of child abuse, malpractice complaint, or lawsuit against the child-caring agency, a member of the child-caring agency's board of directors, or one of its employees related to the provision of services, and the basis and disposition of each action, if applicable.

(p) A list of governmental agencies or units with whom the child-caring agency contracts to provide care or services to a child. This list must include a brief description of the care or services to a child provided under the contract and the name, mailing address, telephone number, and email address for the contact person for the governmental agency or unit with whom the child-caring agency holds the contract.

(q) Other documents or information requested by the Department.

(4) Documents to be submitted to renew a license. A licensee must submit to the Department at the time of application for renewal all of the following documents:

(a) An application renewal form that is complete and signed by the board chair and either the executive director or program director.

(b) A list of the current board of directors, including names, addresses, telephone numbers, email addresses, term, and office held.

(c) A complete personnel list with job titles.

(d) An organization chart with job titles and staff names.

(e) Authorization to obtain background checks in accordance with these rules on the executive director and program director.

(f) Proof of adequate fire, auto, and liability insurance.

(g) Current inspection report of the Fire Marshal and current sanitation inspection reports, unless the re-application is for a license as an adoption agency or a foster care agency. For an outdoor youth program, these inspections reports are only required for each base camp component.

(h) Annual financial statements and records as described in OAR 413-215-0026.

(i) A tax compliance certificate issued by the Oregon Department of Revenue.

(j) Policies required in subsection (3)(j) of this rule.

(k) A list of governmental agencies or units with whom the child-caring agency contracts to provide care or services to a child. This list must include a brief description of the care or services to a child provided under the contract and the name, mailing address, telephone number, and email address for the contact person for the governmental agency or unit with whom the child-caring agency holds the contract.

(l) Other documents or information requested by the Department.

(5) Application fees.

(a) The Department requires no fee to be paid by an applicant for the inspection conducted to determine whether to grant, withhold, suspend, or revoke a license required by these rules.

(b) child-caring agency may be required to pay for inspections done by other governmental agencies, such as county health departments and the State Fire Marshal, that are necessary to obtain a license from the Department.

(6) Processing the Application. Within 30 days of the receipt of an application and the documents described in section (3) or (4) of this rule, the Department will begin its review to determine whether the applicant is or will be in compliance with the rules in Division 413-215 and whether denial is required or appropriate under OAR 413-215-0121. In connection with its evaluations, the Department may examine the records and files of the applicant, inspect and observe the physical premises, and interview children and families served by the program, the staff of the applicant, and persons in the community.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0020, CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0086

Issuance of License

(1) If the Department determines from the application and its review that the child-caring agency is or will be in compliance with the rules in Division 413-215 and that denial is not required or appropriate under OAR 413-215-0121, the Department issues a license to the child-caring agency. A license is effective for a two-year period subject to being suspended, revoked, or rendered invalid when not utilized for a period of six consecutive months as provided in OAR 413-215-0121.

(2) The license is not transferable and is not applicable to an entity other than the corporation to which the license is issued. The license is applicable only to a facility or site identified on the license.

(3) The following information is included on the license:

(a) The incorporated name of the licensee and its "assumed business name" if applicable.

(b) The address of the administrative office of the corporation.

(c) The address of each facility operated under authority of the license.

(d) The maximum number to be served at any one time in each facility, if applicable.

(e) The age and gender of the persons to be served by the child-caring agency.

(f) The types of services the licensee is authorized to provide.

(g) The effective date and term of the license.

(h) Restrictions or conditions imposed by the Department, if applicable.

(i) Such other information deemed appropriate by the Department.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08: CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0091

Responsibilities of Licensees

A licensee is responsible to do all of the following:

(1) Ensure that children in care are well cared for and safe from self-harm, physical harm, and abuse from others.

(2) Adhere to and comply with all policies and procedures of the licensee and ensure that the licensee's employees and volunteers adhere to and comply with the licensee's policies and procedures.

(3) Comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee and ensure that the licensee's employees and volunteers comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee.

(4) Meet with an employee of the Department upon request and make all employees, staff, agents, and contractors available to meet with the Department upon request.

(5) Notify the Department if the child-caring agency employs a new executive director or a new manager of an individual facility or program and when a new board chairman or member of the governing board is appointed, including names, mailing addresses, email addresses, and phone numbers.

(6) Provide copies of all written policies and procedures required in OAR 413-215-0081(3)(j) when requested.

(7) Make reports to the Department as required by these rules and upon request to ensure that the requirements for licensing are met.

(8) Provide information about children in care when requested by the Department and as required by OAR 413-215-0026. The Department may request information about children in care at any time. Information requested may include, but is not limited to, the following:

(a) Names;

(b) Dates of birth;

(c) Dates of admission or service delivery;

(d) Names and contact information for children’s parents or guardians;

(e) Address where children reside or receive services;

(f) Assessments and diagnostic information;

(g) Treatment and service records;

(h) Medical records;

(i) Case notes; and

(j) Incident reports.

(9) Provide the Department with financial records and documents when requested by the Department. Records and documents requested by the Department may include, but are not limited to, the following:

(a) Annual operating budget;

(b) Annual financial statements;

(c) Tax returns and tax-related documentation;

(d) Tax compliance certificates issued by the Oregon Department of Revenue; and

(e) Signed releases authorizing the Department to obtain financial information about the child-caring agency from the Internal Revenue Service, the Department of Revenue, or any other government entity.

(10) Provide the Department with any completed proctor foster home studies as required in OAR 413-215-0321(3) upon request.

(11) Permit immediate access to a child in care and access to any area of the premises in which the child in care receives care or services to the following:

(a) Employees and representatives of the Department;

(b) The child in care's attorney;

(c) The child in care's court-appointed special advocate;

(d) The parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority;

(e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child in care; and

(f) Any other person authorized by the Department.

(12) Notify a Department licensing coordinator within one business day if a critical event occurs. As used in this section, a "critical event" is a significant event occurring in the operation of a child-caring agency that is considered likely to cause complaints, generate concerns, or come to the attention of the media, law enforcement agencies, first responders, Child Protective Services, or other regulatory agencies. Compliance with this notification requirement does not satisfy the mandatory reporting requirements under ORS 419B.005 to 419B.045.

(13) Notify a Department licensing coordinator when information required in OAR 413-215-0081(3)(p) relating to governmental agencies or units with whom the child-caring agency contracts to provide care or services to a child changes.

(14) Notify a Department licensing coordinator 30 days or more prior to the voluntary closure or change to inactive status of a program of the child-caring agency.

(15) Post a copy of the license in a common area at each facility operated by the licensee and retain the license at the administrative offices of the licensee.

(16) Return the license to a Department licensing coordinator immediately upon the suspension or revocation of the license, a change to inactive status, or a change of ownership or location.

(17) Notify a Department licensing coordinator of the discontinuation of services or the intent to reactivate a service after a period of inactivity.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08, CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0096

Renewal of License

(1) To renew a license, a licensee must submit to the Department an application for renewal prior to the expiration of the current license (see OAR 413-215-0081). If the Department receives an application for renewal before the license expires, the license remains effective until the Department issues a decision on the application.

(2) Before the Department will consider an application for renewal of a license, the licensee must submit the documents required in OAR 413-215-0081(4) with an application to renew a license. The licensee must make available for examination by the Department all records and files of the child-caring agency. The licensee must allow representatives of the Department to enter and inspect the physical premises, and interview children receiving services from the child-caring agency and child-caring agency staff.

(3) Within 30 days of the receipt of the renewal application, the Department will begin its review to determine whether the licensee is or will be in compliance with the rules in Division 413-215 and whether denial is required or appropriate under OAR 413-215-0121.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0230, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0101

Periodic Inspections

(1) The Department will visit and inspect each licensee and each facility operated by the licensee to determine whether the program is maintained and operated in accordance with the rules in Division 413-215 and all other applicable laws and rules.

(a) The Department will inspect premises where children in care reside and receive services from employees or staff who do not reside on the premises at least once per year. These unannounced inspections will occur at unexpected times and at irregular intervals.

(b) The Department will inspect premises not covered under subsection (a) of this section at least once every two years.

(2) Employees of the Department may conduct inspections and may visit the licensee at unannounced, irregular intervals.

(3) The Department may also make informal visits, with notice to the licensee, in order to provide technical assistance to the licensee.

(4) A licensee must allow employees of the Department, for the purposes of carrying out the inspections and investigations described in OAR Divisions 407-045, 413-015, 413-090, and 413-215 and other applicable rules, to enter the facilities of the child-caring agency; inspect all accounts, records of work, and physical premises; and interview all children and staff.

(5) A child-caring agency must make all of the following documents available for review during a site inspection:

(a) Personnel files on each employee.

(b) Criminal history, child abuse, and reference checks on volunteers.

(c) Board meeting minutes.

(d) A complete set of the policies and procedures of the child-caring agency.

(e) Records of the children and families served by the child-caring agency.

(f) Other documents or information requested by the Department.

(6) A licensee must allow access by the State Fire Marshal or an authorized representative of the State Fire Marshal to all facilities maintained by the licensee, residents of its facilities, and records of the licensee that pertain to fire safety.

(7) A licensee must allow access by a registered sanitarian, for the purpose of conducting a health and sanitation inspection, to the facilities maintained by the child-caring agency, the records of the child-caring agency pertaining to sanitation, and residents.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0210, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0106

Investigation of Complaints

(1) A child-caring agency must cooperate fully and comply with all investigations by the Department conducted pursuant to the requirements of the law.

(2) The Department will immediately investigate and take appropriate action when the Department becomes aware that any suspected or founded abuses, deficiencies, violations, or failures to comply with the full compliance requirements described in ORS 418.240 and these rules are occurring in a child-caring agency.

(3) The Department will immediately investigate when the Department becomes aware that a child-caring agency, or an owner, operator, or employee of a child-caring agency, is the subject of an investigation by another state, federal, or law enforcement agency and take action as provided in Oregon Laws 2016, chapter 106, section 4.

(4) Upon determination of a level of threat or risk to children in care, the Department will take appropriate steps to protect and ensure the health, safety, and welfare of children in care.

(5) The Department will notify the executive director and board of directors of any action the Department may initiate as a result of the investigation, and of the deadlines for the child-caring agency to complete any corrective action.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0220, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0111

Corrective Actions

(1) As a result of an inspection, or at any time, the Department may require a child-caring agency to comply with a plan of correction that explains the actions required to be taken by the child-caring agency to be in compliance with the rules in Division 413-215 and other applicable statutes and rules.

(2) The Department may establish deadlines by which the child-caring agency must correct the deficiencies noted in the corrective action plan.

(3) The Department may impose conditions on a license as provided in OAR 413-215-0121 while corrections are pending.

(4) When a condition exists that seriously endangers or places at risk the health, safety, or welfare of a child in care, the Director of the Department will issue an interim emergency order without notice, or with reasonable notice under the circumstances, requiring the child-caring agency to correct the conditions and ensure the safety of children in care of the child-caring agency. The interim emergency order remains in force until a final order, after a hearing, is entered in accordance with ORS chapter 183.

(5) The director may commence an action to enjoin operation of a child-caring agency:

(a) If the child-caring agency is being operated without a license; or

(b) If the child-caring agency fails to comply with a plan of correction imposed by the Department or an interim emergency order issued under section (4) of this rule within the time specified in the order.

(6) In addition to the corrective actions in this rule and other rules in Division 413-215, the Department may take any other lawful actions necessary to protect and ensure the health, safety, and welfare of children in care as necessary under the circumstances.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0116

Civil Penalties

(1) In addition to the actions described in OAR 413-215-0121, as provided in ORS 418.992 and Oregon Laws 2016, chapter 106, section 31, the Department may impose a civil penalty against a child-caring agency if the child-caring agency has committed one of the following acts:

(a) Violation of any of the terms or conditions of a license, certification, or other authorization issued under ORS 418.205 to 418.327, 418.470, 418.475, or 418.950 to 418.970.

(b) Violation of any rule in division 413-215 or a general order of the Department against a child-caring agency.

(c) Violation of any final order of the Department that pertains specifically to the child-caring agency.

(d) Violation of the requirement to have a license, certificate, or other authorization under ORS 418.205 to 418.327, 418.470, 418.475, or 418.950 to 418.970.

(2) The Department will by law impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents, or financial statements or for causing another person to do so.

(3) The Department will by law impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring agency or child-care facility that assumes care or custody of, or provides care or services to, a child in care knowing that the child in care's care needs exceed the license, certificate, or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places the child in care's health, safety, or welfare at risk.

(4) As required by ORS 418.995, the Department will consider the following factors in making a decision about the level of penalty imposed:

(a) The past history of the child-caring agency incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes or rules pertaining to the child-caring agency.

(c) The economic and financial conditions of the child-caring agency incurring the penalty.

(d) The immediacy and extent to which the violation threatens or places at risk the health, safety, and well-being of the children in care served by the child-caring agency.

(5) Civil Penalty Schedule. Except as provided otherwise in sections (2) and (3) of this rule, for each violation by the child-caring agency, the following civil penalty may be imposed:

(a) $100 per violation if all four subsections of section (4) of this rule favor the child-caring agency.

(b) $200 per violation if three subsections of section (4) of this rule favor the child-caring agency.

(c) $300 per violation if two subsections of section (4) of this rule favor the child-caring agency.

(d) $400 per violation if one subsection of section (4) of this rule favor the child-caring agency.

(e) $500 per violation if no subsections of section (4) of this rule favor the child-caring agency.

(6) Unless the health, safety, or welfare of a child in care is at risk, in cases in which the Department is considering the imposition of a civil penalty, the Department will prescribe a reasonable time period for the child-caring agency to eliminate the violation:

(a) Not to exceed 45 days after the first notice of violation; or

(b) In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the Department.

(7) Unless otherwise required by law, a civil penalty imposed under this rule may be canceled or reduced under terms or conditions determined by the Department to be proper and consistent with public health and safety.

(8) A civil penalty will be imposed by written notice of violation and assessment of penalty provided to the child-caring agency. Such notice shall be sent by registered or certified mail and will include:

(a) Reference to the statute, rule, standard, or order involved;

(b) A short statement of the matters asserted or charged;

(c) A statement of the amount of the penalty imposed; and

(d) A statement of the right of the child-caring agency to request a hearing.

(9) As provided in ORS 418.993, the child-caring agency to which the notice of violation and assessment of penalties is addressed has 10 days from the date of service of the notice in which to make a written request for a hearing. All such hearings shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 to 183.470.

(10) A civil penalty imposed under this rule is due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. A child-caring agency against whom a civil penalty is to be imposed shall be served a notice in the form provided in ORS 183.415. Service of the notice shall be accomplished in the manner provided in ORS 183.415.

(11) If the child-caring agency does not request a hearing, or if after such a hearing the child-caring agency is found to be in violation of a license, rule or order as specified in the notice, the Department will make a final order imposing the penalty.

(12) Judicial review of civil penalties shall be as provided under ORS 183.480. The reviewing court may, in its discretion, reduce the amount of the penalty.

(13) Civil penalties are payable within 10 days after the order of the Department is entered, unless the order is appealed and is sustained or modified, in which case the penalty is payable within 10 days after the court decision is rendered.

(14) If the order of civil penalty is not appealed or sustained on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the child-caring agency incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

(15) Upon recording an order in the County Clerk Lien Record, the Department may initiate proceedings to enforce the order by filing in the Circuit Court for the county where the order is recorded a certified copy of the civil penalty order and a certified copy of the recording made in the County Clerk Lien Record. Subject to any other requirements that may apply to the enforcement proceedings sought by the Department, the court shall then proceed as with judgments issued by the court. The Department may use enforcement proceedings available to the Department in ORS chapter 18.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.994, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, 418.992 - 418.998, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0030, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0121

Denial, Suspension, or Revocation of License and Placing Conditions on a License

(1) The Department may place conditions on a license under this section or any other section of OAR 413-215-0001 through 413-215-1031 including, but not limited to the following:

(a) Placing full or partial restrictions on admission of children;

(b) Temporary suspension;

(c) Limitation of operations subject to an intent to revoke; and

(d) Limitation of operations subject to correction of violations as specified in a plan of correction imposed by the Department.

(2) The Department may suspend, revoke, or place conditions on the child-caring agency's license, certificate, or other authorization in the following circumstances:

(a) The child-caring agency is not in full compliance with the requirements of OAR 413-215-0001(5) or other applicable requirements in OAR 413-215-0001 to 413-215-1031.

(b) The Department finds, after investigation by the Department or law enforcement, that abuses, deficiencies, violations, or failures to comply are founded.

(c) The child-caring agency, or the owner or operator of the child-caring agency including proctor foster homes, interfered with or hindered an investigation of abuse of a child in care, including but not limited to intimidation of witnesses, falsification of records, or denial or limitation of interviews with the child in care who is the subject of the investigation or the witnesses.

(3) The Department may immediately deny, suspend, revoke, or place conditions on the child-caring agency's license in the following circumstances:

(a) The child-caring agency failed to permit an inspection of premises or of the books and records of the child-caring agency.

(b) The child-caring agency failed to make corrections within 45 days from the effective date of the plan of correction under OAR 461-215-0111.

(c) If at any time during or after an investigation that abuses, deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the public, or place a child in care at risk with respect to the child in care's health, safety, or welfare.

(4) The Department will deny issuance or renewal of a license, certificate, or other authorization to a child-caring agency if the child-caring agency is not or will not be in full compliance with all of the standards, procedures, and protocols in OAR 413-215-0001(5) or other applicable requirements in OAR 413-215-0001 to 413-215-1031.

(5) The Department may deny issuance or renewal, suspend, revoke, or place conditions on a license, certificate or other authorization if the Department becomes aware that a child caring agency, or the owner or operator of the child-caring agency, has been found by other state or federal entities to have engaged in financial, civil, or criminal misconduct.

(6) The Department will take immediate steps to suspend or revoke the license of a child-caring agency if any of the following circumstances are found to exist:

(a) There has been the death of a child in care as a result of abuse or neglect on the part of the child-caring agency or any of the child-caring agency’s employees or agents;

(b) There has been sexual or physical abuse or neglect of a child in care in the child-caring agency’s care or custody that was known to the child-caring agency, and the child-caring agency did not take immediate steps to report the abuse or neglect and to ensure the child in care's safety;

(c) The child-caring agency failed to cooperate fully with any local, state or federal regulatory entity’s investigation of the child-caring agency or the child-caring agency’s operations or employees; or

(d) The child-caring agency failed to provide financial statements as required under these rules and ORS 418.255.

(7) If a child-caring agency operates under more than one license, the Department may suspend, revoke, or deny the license only as it applies to the facility or facilities out of compliance with applicable statutes or rules.

(8) A child-caring agency may appeal the decision to deny, suspend, or revoke a license in a contested case hearing subject to the provisions of ORS Chapter 183.

(9) To request a contested case hearing, as provided in ORS Chapter 183, the child-caring agency must provide the Department's Licensing Unit a written request for a hearing within 30 days of the date that the Department mailed the notice of denial, suspension, or revocation. If the Department does not receive a request for a contested case hearing within 30 days of the date that the Department mailed the notice of denial, suspension, or revocation, the child-caring agency has waived the right to a hearing, except as provided in OAR 137-003-0528(1).

(10) Except for a child-caring agency that retains a facility with an active license under subsection (6) of this rule, if the Department revokes a license, the child-caring agency may not apply under any name for licensure under this chapter of rules for the three years following the effective date of revocation.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0240, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0126

Temporary, Inactive, and Amended Licenses

(1) Temporary license.

(a) The Department may issue a temporary license when the application by a child-caring agency for a license is approved, and the child-caring agency does not hold a current, valid license. A temporary license is valid for a period not to exceed six months. Use of a temporary license allows the licensee to start providing services authorized by the temporary license. To obtain a temporary license, a child-caring agency must meet all requirements of the rules in Division 413-215 except those that can be met only while providing services.

(b) Once a child-caring agency with a temporary license begins providing services, the licensee must request an inspection by the Department for the purpose of verifying its compliance with the rules in Division 413-215. Upon verification, the Department will issue a license valid for two years beginning from the date of the temporary license, as described in OAR 413-015-0086.

(2) Inactive license.

(a) A child-caring agency is considered to have an inactive license if the child-caring agency discontinues or fails to provide a service for which the child-caring agency is licensed for a period of 180 days.

(b) A child-caring agency no longer providing services for which it is licensed must immediately inform a Department licensing coordinator.

(c) In order to reactivate an inactive license, a child-caring agency must request an inspection by the Department for the purpose of verifying its compliance with all applicable Department rules. The child-caring agency may not resume providing services until the Department has verified in writing that the child-caring agency is in compliance with all applicable Department rules and reinstated the child-caring agency to active status.

(3) Amended license.

(a) The Department may require additional documentation of a licensee if the Department is considering the amendment of a license.

(b) The Department may issue an amended license to a licensee that has an inactive facility or program, but retains another facility or program with an active license.

(c) The Department may issue an amended license upon written request of the licensee to accommodate changes in the factors upon which an existing license is based.

(4) The term of a temporary, inactive, or amended license is not extended by any action described in this rule.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0131

Exceptions

(1) The Department may waive a requirement of a rule in Division 413-215 upon written request of a child-caring agency. The written request must identify the rule, give the reasons that justify the exception, state the length of time for which the exception is requested, and explain how the needs of children in care and families would be affected if the child-caring agency did not comply with the rule.

(2) The Department may approve a request for an exception upon a determination that the failure of a child-caring agency to comply with the rule does not pose a threat to the health, safety, and welfare of children in care and families. In determining whether to grant an exception, the Department additionally must take into consideration:

(a) Whether the child-caring agency has consistently been in compliance with licensing regulations and has a history or provision of services that meet the best interests of children.

(b) Innovative approaches of the child-caring agency.

(c) The availability of services to children in care and families similar to the services provided by the child-caring agency.

(d) The impact of the rule exception sought.

(e) Whether the Department may waive application of the rule under state statute or federal law.

(3) A child-caring agency granted an exception may, as a condition of obtaining and retaining the exception, be required to provide specific information on its operation under the exception.

(4) A child-caring agency may operate under an exception for a period of time set by the Department, not to exceed the term of its current license.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0250, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Academic Boarding Schools

413-215-0201

Academic Boarding Schools; What Law Applies

(1) These rules, OAR 413-215-0201 to 413-215-0276, regulate a child-caring agency licensed as an academic boarding school. An academic boarding school must also comply with OAR 413-215-0001 to 413-215-0131.

(2) Therapeutic boarding schools (OAR 413-215-0601 to 413-215-0681) and residential care agencies (OAR 413-215-0501 to 413-215-0586) are not subject to OAR 413-215-0201 to 413-215-0276.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0206

Definitions

The following definitions apply to OAR 413-215-0201 to 413-215-0276:

(1) "Academic boarding school" means an organization or a program in an organization that:

(a) Provides educational services and care to children for 24 hours a day; and

(b) Does not hold itself out as serving children with emotional or behavioral problems, providing therapeutic services, or assuring that children receive therapeutic services.

(2) "Approval" means acceptable to the regulatory authority based on conformity with generally recognized standards that protect public health.

(3) "Boarding student" means a student of an academic boarding school who resides on the school campus.

(4) "Care" means services provided to meet the needs of a child, such as food, shelter, clothing, medical care, schooling, protection, and supervision. Care does not include services provided in family foster homes or adoptive homes.

(5) "Child" means an individual under 18 years of age.

(6) "Employee" means an individual holding a paid position with an academic boarding school.

(7) "Facility" means the physical setting, buildings, property, or structures of an academic boarding school.

(8) "Medication" means any drug, chemical, compound, suspension, or preparation in suitable form for use as a curative or remedial substance either internally or externally by any person.

(9) "Staff" means employees of the academic boarding school who are responsible for providing direct care to boarding students.

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0211

Educational Services

The educational services of an academic boarding school must comply with all of the following requirements:

(1) The academic boarding school must comply with the minimum requirements for private schools as determined by the Oregon Department of Education.

(2) The academic boarding school must ensure that it has a curriculum that considers the goals of modern education as defined in OAR 581-022-1020 and the requirements of a sound comprehensive curriculum.

(3) Secondary schools must verify that they have academic standards necessary for students to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0610, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0216

Physical Plant Requirements

An academic boarding school must meet all of the following requirements:

(1) All buildings owned, maintained, or operated by the academic boarding school to provide services to children must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(2) All areas of buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(3) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(4) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(5) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility.

(6) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority.

(7) Heat and ventilation.

(a) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(b) Room temperature must be maintained within a normal comfort range.

(8) Individual Rooms.

(a) Living area. A separate living room or lounge area must be available for the exclusive use of children in care, employees, and invited guests.

(b) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(A) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(B) Be an outside room, with a window of at least the minimum size required by the State Fire Marshal and building codes.

(C) Have a ceiling height of at least 90 inches.

(D) Have a minimum of 60 square feet per bed.

(E) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(F) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(G) Have a window covering on each window to ensure privacy.

(H) Contain beds for children in care that meet both of the following requirements:

(i) There must be at least three feet between beds, including trundle beds if used; and

(ii) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(c) Restrooms must be provided and be conveniently located, and must have:

(A) A minimum of one toilet for every eight children in care.

(B) One hand-washing sink with mixing faucets for each toilet. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) Hot and cold running water, soap, and paper towels at each hand washing sink or other hand drying options approved by an environmental health specialist.

(D) One bathtub or shower for every ten children in care.

(E) Arrangements for individual privacy for users.

(F) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(G) A window covering on each window to ensure privacy.

(H) Adequate ventilation.

(I) Each self-closing metered faucet, if provided, must provide water flow for at least 15 seconds without the need to reactivate the faucet.

(d) Laundry facilities must be separate from:

(A) Kitchen and dining areas;

(B) Living areas, including bedrooms used by children in care; and

(C) Areas used for the storage of un-refrigerated perishable food.

(e) Storage areas must be provided appropriate to the size of the facility. Separate storage areas must be provided for:

(A) Food, kitchen supplies, and utensils.

(B) Clean linens.

(C) Soiled linens and clothing.

(D) Cleaning compounds and equipment.

(E) Poisons, chemicals, pest control products, insecticides, and other toxic materials, which must be properly labeled, stored in the original container, and kept in a locked storage area.

(F) Outdoor recreational and maintenance equipment.

(f) Food service areas.

(A) Kitchens must have facilities for dish washing, storage, and preparation of food and must be separate from living areas used by children in care.

(B) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or in which utensils are washed or stored must be smooth, washable, and easily cleanable.

(C) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and non-absorbent and must be maintained in a clean and sanitary condition.

(D) All equipment used for food preparation must be installed and maintained in a manner providing ease of cleaning beneath, around, and behind each unit.

(g) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must contain a minimum of 15 square feet per occupant.

(h) Classrooms and school buildings must be adequate in size and arrangement for the programs offered.

(i) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light, and ventilation and must not be capable of locking.

(j) Activity area. A usable recreational activity area must be provided that is:

(A) Protected from motor traffic and other hazards; and

(B) Of a size and availability appropriate to the age and needs of the children in care served by the academic boarding school.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0560, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0221

Boarding Student Furnishings and Personal Items

An academic boarding school must meet all of the following requirements:

(1) Furniture. Adequate furnishings must be provided for each child in care including:

(a) A bed, including a frame;

(b) A clean, comfortable mattress; and

(c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets, pillows, and pillowcase;

(c) Blankets appropriate in number and type for the season and the comfort of the individual child in care; and

(d) Towels and washcloths.

(3) Bedding must be changed when soiled and upon change of the child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0226

New Facility or Remodel

An academic boarding school must meet all of the following requirements:

(1) Building Plans. An academic boarding school must submit to the Department for approval a set of plans and specifications for each facility operated by the academic boarding school and utilized by children in care, at each of the following times:

(a) Prior to construction of a new building;

(b) Prior to construction of an addition to an existing building;

(c) Prior to the remodeling, modification, or conversion of a building; and

(d) In support of an application for initial license to operate an academic boarding school under OAR 413-215-0081.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes.

(3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0570, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0231

Environmental Health

An academic boarding school must meet all of the following requirements:

(1) The academic boarding school must maintain an environment that ensures safety for staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0600, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0236

Food Services

An academic boarding school must meet all of the following requirements with regard to food services:

(1) Nutrition and dietary requirements.

(a) An academic boarding school must arrange meals daily, consistent with normal mealtimes.

(b) Snacks must be available and provided as appropriate to the age and activity levels of children in care.

(c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child in care at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the academic boarding school for at least six months.

(d) Drinking water must be freely available to the children in care served by the academic boarding school.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the academic boarding school must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by an academic boarding school must be obtained from commercial suppliers, except:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the academic boarding school may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or the Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the academic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0580, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0241

Safety

An academic boarding school must meet all of the following requirements:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The academic boarding school must provide fire safety equipment which meets the requirements of applicable building codes and the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020).

(b) The academic boarding school must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The academic boarding school must have, for each boarding facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the academic boarding school must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The academic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The academic boarding school must protect children in care it serves from guns, drugs, plastic bags, sharps, paint, hazardous materials, bio-hazardous materials, and other potentially harmful materials. An academic boarding school must have a written policy that addresses potentially harmful materials that are in the building accessible to the children in care in the program or on the grounds of the program.

(b) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in all buildings serving children. Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature.

(c) Each light fixture must have a protective cover unless it is designed to be used without one.

(5) Transportation. The academic boarding school must ensure the following when providing transportation to the children in care it serves:

(a) Driver requirements.

(A) Each employee transporting a child in care in a motor vehicle must have a current driver license on record with the academic boarding school.

(B) The academic boarding school may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the academic boarding school.

(C) The academic boarding school must ensure that employees providing transportation are trained in emergency procedures, including behavior management, while in a vehicle.

(D) The academic boarding school must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting children.

(b) Vehicle requirements.

(A) Each vehicle used to transport a child in care served by the academic boarding school must be covered by an insurance policy in full force and effect.

(B) Each vehicle used to transport a child in care served by the academic boarding school must be maintained in safe operating condition.

(C) Each vehicle used to transport a child in care must meet the vehicle requirements as set by the Department of Education.

(D) Each vehicle used to transport a child in care must be smoke-free.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0550, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0246

Health Services

(1) An academic boarding school must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical History. Within 30 days of a child in care starting in an academic boarding school, the academic boarding school must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases;

(c) Any known allergies; and

(d) Physician or qualified medical professional's orders, including those related to medication, if any.

(3) An academic boarding school must have established protocols for accessing routine and urgent medical care for the children in care.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0251

Medication

An academic boarding school must meet all of the following requirements:

(1) Policy and procedures. The academic boarding school must have policies and procedures that cover all prescription and non-prescription medication that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(2) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medication prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule, "self administration of medication" refers to the act of a child in care placing a medication internally in, or externally on, his or her own body.

(3) Medication storage.

(a) A prescription medication that is unused and any medication that is outdated or recalled may not be maintained in a facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in a manner that they are accessible only to staff or the child in care for whom the medication is intended.

(d) A medication requiring refrigeration must be refrigerated and kept in a manner that it is accessible only to staff or the child in care for whom the medication is intended.

(4) Medication disposal. Medication must be disposed of in a manner that ensures that it cannot be retrieved, in accordance with all applicable state and federal law.

(5) A written record of all medications disposed of by the academic boarding school must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(6) Medication Records. A written record must be kept for each child in care listing each medication, both prescription and over-the-counter, that is administered or dispensed by the academic boarding school. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0256

Staff Training

In addition to the requirements to provide orientation in OAR 413-215-0061(4), an academic boarding school (defined in 413-215-0206) must meet the all of the following training requirements with respect to its staff (defined in 413-215-0206):

(1) Staff of the academic boarding school must be provided with orientation training prior to or within 30 days of hire.

(2) Staff of the academic boarding school must receive ongoing training at least annually on all of the following:

(a) Mandatory child abuse reporting.

(b) Procedures for handling emergencies.

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0261

Minimum Staffing Requirements

An academic boarding school must meet all of the following requirements:

(1) The academic boarding school must provide adequate supervision and protection for children. The supervision must be adequate for the type of program, location of program, the time of day or night, the age and type of children in care served, physical plant design, location, and ability of the supervisor to respond, electronic backup systems, and other means available to ensure supervision and protection.

(2) Additional staffing requirements for emergency response.

(a) When there is only one employee of the academic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes.

(b) One employee who is age 18 or over, has a current certification in cardiopulmonary resuscitation and first aid, and is capable of taking appropriate action in an emergency must be on site at all times when one or more children in care are present on the premises of the academic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0540, CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0266

Separation of Children

An academic boarding school must meet all of the following requirements:

(1) Combining children and adults. Special care must be taken by an academic boarding school to provide adequate supervision of children in care when adults 18 years of age or older are being served by the academic boarding school. Children in care and adults 18 years or older must be housed in separate bedrooms, except that a child in care and the child in care's parent may be housed in the same room if the parent is the child's caretaker. If a person is 18 years of age or older, and is to share a bedroom with a child in care under the age of 18, the academic boarding school must obtain written approval from the Department licensing coordinator.

(2) Co-ed facilities. Special care must be taken by an academic boarding school to provide adequate supervision when the program serves both males and females concurrently. Children's bedrooms for males must be separated from bedrooms for females.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0271

Consents, Disclosures, and Authorizations

(1) Consents. For each child in care of an academic boarding school, the academic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the academic boarding school to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the academic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The academic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To provide care to the child in care.

(2) The academic boarding school will make any written policy or procedure pertaining to program services available for review by the child, parent, or legal guardian, upon request.

(3) Authorizations. Authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate in potentially hazardous activities, such as but not limited to using motorized yard equipment, swimming, and horseback riding.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0276

Information about Children in Care

Files of Children in Care. For each child in care of an academic boarding school, the academic boarding school must maintain a record that includes all of the following information:

(1) The name, gender, and date of birth of the child in care.

(2) The date of admission to the program.

(3) The name, address, and telephone number of:

(a) The child in care's parents.

(b) The child in care's legal guardian, if different than the parents, and a copy of the document that provides for his or her authority over the child in care.

(4) Incident Reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Foster Care Agencies

413-215-0301

Foster Care Agencies, What Law Applies

These rules, OAR 413-215-0301 to 413-215-0396, regulate a child-caring agency licensed as a foster care agency. A foster care agency must also comply with OAR 413-215-0001 to 413-215-0131.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0400, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0306

Definitions

(1) "Age-appropriate or developmentally appropriate activities" means:

(a) Activities or items that are generally accepted as suitable for children or young adult of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or young adult based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child or young adult, activities or items that are suitable for the child or young adult based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.

(2) "Approved provider parent" means an individual who a foster care agency, Oregon Youth Authority (OYA), or a governmental agency other than the Department has approved to provide care to children in the home of the individual.

(3) "Certified provider home" means the home of at least one approved provider parent or foster parent that a foster care agency has approved for this individual to provide care to children placed by the foster care agency.

(4) "Criminal history check" means compliance with the Department's criminal records history rules (OAR 407-007-0200 to 407-007-0370). To comply with these rules, the agency must appoint a Contact Person (CP) who is designated to receive and process criminal history and child abuse check forms. Final fitness determinations will be made by the Department.

(5) "Department" means the Department of Human Services, Child Welfare.

(6) "Foster care agency" means a private child-caring agency (defined in OAR 413-215-0006) that offers to place children by taking physical custody of and then placing the children in homes certified by the agency.

(7) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(8) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0410, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0311

License Requirements

(1) A foster care agency must be licensed by the Department to certify a home as a proctor foster home.

(2) A foster care agency must be licensed by the Department before the foster care agency accepts physical custody of a child in care for placement in a proctor foster home.

(3) In addition to the requirements in OAR 413-215-0001 to 413-215-0131, to be licensed by the Department, a foster care agency must:

(a) Have a current, written program statement that describes:

(A) The type of provider and foster care provided.

(B) The children in care served.

(C) The services provided to the children in care, their families, their foster families, or their approved provider families.

(D) The geographical area covered.

(b) Have an ongoing recruitment and retention program to ensure an adequate number of suitable proctor foster homes based on the written program statement of the foster care agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0470, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0313

Personal Qualifications Required for Approved Proctor Foster Parents

(1) To be approved by a foster care agency as an approved proctor foster parent, the applicant must:

(a) Be at least 21 years of age.

(b) Possess the ability to exercise sound judgment and demonstrate responsible, stable, emotionally mature behavior.

(c) Possess the ability to manage the applicant's home and personal life.

(d) Possess the ability to apply the reasonable and prudent parent standard when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities.

(e) Maintain conditions in the home that provide safety and well-being for the child in care.

(f) Have supportive relationships with adults and children living in the household and with others in the community.

(g) Have a lifestyle and personal habits free of criminal activity and abuse or misuse of alcohol or other drugs.

(h) Have the physical and mental capacity to care for a child in care. A foster care agency or the Department may, by request, require an applicant to;

(A) Provide copies of medical reports from a health care professional.

(B) Complete an expert evaluation with a report provided to the foster care agency.

(2) A foster care agency may only approve an applicant as an approved proctor foster parent if the applicant meets the requirements of section (1) of this rule.

(3) A foster care agency may only use a proctor foster home if each approved proctor foster parent meets the requirements of section (1) of this rule.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0316

Orientation for Certified Provider Home Applicants

(1) To be approved by a foster care agency to operate a proctor foster home, an applicant must complete orientation training.

(2) In addition to the requirements in OAR 413-215-0061(4) and (5), the orientation training required by section (1) of this rule must, at a minimum, include all of the following:

(a) The policies and procedures of the foster care agency.

(b) The needs and characteristics of children in care needing placement.

(c) Attachment, separation, and loss issues for children in care and families.

(d) The importance of cultural identity to the child in care and ways to foster this identity.

(e) The impact of foster care on the child in care and family.

(f) The rights and responsibilities of the proctor foster parent and the foster care agency.

(g) The resources available to the foster parent or approved proctor foster parent.

(h) Confidentiality.

(i) Rights of families and children in care.

(j) Copies of all of the following documents:

(A) The program statement.

(B) The requirements for proctor foster homes.

(C) The policies of the foster care agency governing proctor foster homes.

(D) The training requirements of the foster care agency for proctor foster homes.

(E) The licensing rules for foster care agencies.

(F) Expectations for working with the foster care agency.

(3) The foster care agency must document in the file of each applicant:

(a) Whether the applicant has received the orientation described in section (2) of this rule;

(b) Whether the foster care agency has provided the notification described in OAR 413-215-0321(4); and

(c) Whether the applicant is approved and a certificate has been issued by the foster care agency to operate a proctor foster home. If a certificate is issued, the foster care agency must document the number and the age range of children in care the home is certified to serve, any specific gender or other restrictions and limitations, and a statement that the foster care agency has determined the proctor foster home meets the standards established in these rules.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0321

Assessment and Approval of Proctor Foster Homes

A foster care agency must comply with all of the following requirements:

(1) Prior to approval of an approved proctor foster parent and prior to the certification of a proctor foster home the foster care agency must complete a proctor foster home assessment for each proctor foster home applicant.

(2) The proctor foster home assessment must be based on an on-site review of the proctor foster home applicant's home, and observations of and interviews with each member of the household, background check information, and any information gathered during the course of the assessment. The foster care agency must require that each applicant submit all of the following:

(a) A completed application. In a two-parent family, the application must be signed by both proctor foster home applicants.

(b) Assurance that the home is the primary residence of the proctor foster home applicant and is the residence where each child in care will reside.

(c) A completed statement of physical and mental health.

(d) If the foster care agency considers it appropriate, a report from a licensed health care or mental health professional concerning any medical, psychological, or substance-abuse problem that might interfere with a proctor foster home applicant’s ability to care for a child in care.

(e) A minimum of four references, not more than one of which may be a relative of the proctor foster home applicant.

(3) The foster care agency must complete a written home study that includes all of the following information:

(a) Safety information, including documentation that the home is in full compliance with the safety standards identified in the Safety Assessment Checklist (CF 979).

(b) The names and ages of children in the home and children no longer in the home.

(c) A background check for all members of the household age 18 and over as required by OAR 407-007-0200 to 407-007-0370. A criminal history check for a household member under the age of 18 is required if there is reason to believe that the background check may reveal information that is useful in assessing any risk posed by the household member.

(d) A completed child abuse history background check from every state, where the individual has resided in the last five years and a request for a child abuse history background check from any other country outside of the United States where the individual has resided in the last five years:

(A) For all members of the household age 18 and over; and

(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.

(e) The proctor foster home applicant's placement preferences.

(f) The proctor foster home applicant's motivation for providing foster care.

(g) The proctor foster home applicant's life experiences and challenges.

(h) The proctor foster home applicant's relevant health history. Each proctor foster home applicant in a proctor foster home must assure that a child in care will not be exposed to any type of second hand smoke in the home or in family vehicles, and that no member of the household provides any form of tobacco products to a child in care.

(i) The proctor foster home applicant's education and training.

(j) The proctor foster home applicant's employment and finances.

(k) The proctor foster home applicant's need for support services and description of current support systems.

(l) The proctor foster home applicant's marital history, including previous marriages, divorces, and long-term relationships.

(m) The proctor foster home applicant's parenting skills and values.

(n) The proctor foster home applicant's lifestyle.

(o) The proctor foster home applicant's religion or spiritual beliefs.

(p) Cultural background and experiences with diverse cultural groups.

(q) An assessment of current and previous licenses, certifications, and applications for relative care, adult or child foster care, day care, adoption, and other types of services for vulnerable individuals, including adult care giving. Information must include any denials, suspensions, revocations, or terminations.

(r) An assessment of the areas in which training is needed and the plan of the foster care agency for providing needed training, including time frames.

(s) The proctor foster home applicant's home and community.

(t) Summary assessment and recommendations including the characteristics and maximum number of children in care who may be placed in the proctor foster home.

(4) A process for notifying proctor foster home applicants. The foster care agency must notify each proctor foster home applicant in writing of the acceptance or denial of the application for approval as a proctor foster home and certification as a proctor foster home. If the foster care agency denies an application based on information provided by the Department to the foster care agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the applicant, the foster care agency must disclose to the proctor foster home applicant the reason for the denial.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0326

Training for Parents in Proctor Foster Care

(1) The foster care agency must have and follow a written training plan that:

(a) Provides each proctor foster home parent in a proctor foster home a minimum of 15 hours of training before the foster care agency places a child in care in the home.

(b) Provides each proctor foster home parent in a proctor foster home a minimum of 15 hours of training annually prior to the issuance of the annual approval required by OAR 413-215-0331.

(c) The training plan must include all of the following topics:

(A) Characteristics and needs of children in care who may be placed with the proctor foster home.

(B) Ways to effectively parent children in care who are placed by the foster care agency, including application of the reasonable and prudent parent standard.

(C) Positive behavior management, non-punitive discipline.

(D) The importance of the family of the child in care and working with the family of the child in care.

(E) The importance of age-appropriate or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(F) Preparation of the child in care for independence based on the age, stage of development, and needs of the child in care.

(G) Legal responsibility to report suspected child abuse.

(2) The foster care agency must document in proctor foster home records the training received by each proctor foster home parent.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0440, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0331

Annual Review and Approval

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must evaluate every proctor foster home at least once every twelve months to ensure that the home continues to meet the standards.

(2) The annual review must include all of the following:

(a) The foster care agency must update the written home study required by OAR 413-215-0321(3).

(b) A background check for all members of the household age 18 and over must be completed as required by OAR 407-007-0200 to 407-007-0370. A background check for a household member under the age of 18 is required if there is reason to believe that a background check may reveal information that is useful in assessing any risk posed by the household member.

(c) A completed state of Oregon child abuse history background check must be completed:

(A) For all members of the household age 18 and over; and

(B) For a household member under the age of 18 if there is reason to believe that the child abuse history check may reveal information that is useful in assessing any risk posed by the household member.

(d) If an adult member of the household has lived outside the state of Oregon in the previous five years, and an out-of-state child abuse history background check has not been completed, a child abuse history background check must be requested from each state or foreign country where the individual resided in the last five years.

(e) Documentation that the home remains in full compliance with the safety standards identified in the Safety Assessment Checklist (CF 979).

(f) A recommendation to approve or deny the re-issuance of the certificate of approval of the proctor foster home. If the agency denies renewal based on information provided by the Department to the agency concerning an ongoing abuse or neglect investigation involving the applicant or findings of substantiated allegations of abuse or neglect by the proctor foster home applicant, the agency must disclose to the proctor foster home applicant the reason for the denial.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0480, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0336

Complaints about Proctor Foster Homes

(1) Employees of the foster care agency are covered by the requirements to report suspected child abuse in ORS 419B.010 and, in addition to any other requirements of law, must refer a complaint of suspected child abuse to the Department for investigation.

(2) If the foster care agency receives information alleging a proctor foster home is not in compliance with the certification requirements of the foster care agency, including, but not limited to the rules in OAR 413-215-0001 to 413-215-0131 and OAR 413-215-0301 to 413-215-0396, the foster care agency must immediately initiate an on-site assessment of the home and report the complaint to the Department.

(a) As part of the assessment, the foster care agency must prepare a detailed written report that includes all of the following information:

(A) The name of the foster care agency employee who received the complaint, date the complaint was received, name of complainant, and the allegations.

(B) Dates and places of contacts, the names of persons interviewed or observed, and the names of the interviewers.

(C) Findings, summary, and conclusions regarding compliance or noncompliance and recommendations regarding corrective action.

(b) The foster care agency must complete the assessment within 30 days following the receipt of the complaint and must provide a copy of the written assessment to a Department licensing coordinator.

(c) The foster care agency must provide the proctor foster parent with a copy of the report of the assessment once it is complete, and must inform the proctor foster parent in writing that he or she has a right to have his or her response included in an attachment to the report.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0341

Closures of Proctor Foster Homes

If a foster care agency decertifies a proctor foster home, the foster care agency must provide the proctor foster home parent or parents a written notice of the specific reasons for the action, must retain a copy of the notification in the record of the proctor foster home, and must notify the Department.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0346

Modifications to the Certification of a Certified Provider Home

A foster care agency (defined in OAR 413-215-0306) must document all of the following in the record of each certified provider home (defined in OAR 413-215-0306):

(1) Change of address of a parent.

(2) Change in name of a parent.

(3) Change in household composition.

(4) Any exceptions to or suspensions of the certification by the foster care agency of a certified provider home.

(5) Inactive referral status.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0349

Notifications Required of Proctor Foster Home Parents

A foster care agency must require proctor foster home parents in a proctor foster home to notify the foster care agency of each of the following:

(1) Any physical or structural changes in the proctor foster home in which they live.

(2) Any arrests or court convictions of any member of the household. A parent of the proctor foster home must notify the foster care agency within one working day of learning about the arrest or conviction.

(3) Any allegation of child abuse or neglect perpetrated by any member of the household or any individual who regularly visits the proctor foster home. A proctor foster home parent must notify the foster care agency on the day he or she learns of the allegation.

(4) The suspension of a driver's license of any adult on the Certificate of Approval or any member of the household.

(5) Any change in the physical or mental health of a member of the household that reasonably could affect the ability of the proctor foster home to meet the safety needs of the child in care.

(6) Any time a member of the household applies to become an in-home child care provider, an adult foster care, or in-home adult day care provider.

(7) Any other circumstance that could reasonably affect the safety or well-being of a child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0351

Records of Certified Provider Homes

(1) A foster care agency must safely and consistently maintain a record for each proctor foster home it approves. Such records must be separate from records the foster care agency maintains on the children in care and families it serves.

(2) The record for each proctor foster home must contain all of the following:

(a) All documents pertaining to approval of the proctor foster home.

(b) All documents pertaining to formal complaints about the proctor foster home.

(c) The contract between the foster care agency and the parents in the proctor foster home.

(d) A list of all children in care placed in the proctor foster home that includes identifying and placement information.

(e) Documentation that the foster care agency conducted a minimum of one home visit every 180 days to assure compliance with certification standards.

(3) A foster care agency must document all of the following in the record of each proctor foster home:

(a) Change of address of a proctor foster home parent.

(b) Change in name of a proctor foster home parent.

(c) Change in household composition.

(d) Any exceptions to or suspensions of the certification by the foster care agency of a proctor foster home.

(4) Inactive referral status.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0450, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0356

Placement of a Child by a Foster Care Agency

(1) A foster care agency may place a child in care in a proctor foster home.

(2) The placement of a child in care in a proctor foster home must be consistent with the recommendations for the use of the proctor foster home as identified in the current home assessment.

(3) The foster care agency may not issue a certification for a proctor foster home that allows the proctor foster home to exceed any of the following subsections:

(a) A total of four children to one approved proctor foster parent living in the home;

(b) A total of seven children to two approved proctor foster parents living in the home; or

(c) A total of two children under the age of three.

(4) The foster care agency must base each placement on an assessment of the individual needs of the child in care and an assessment of the ability of the proctor foster home to meet those needs. The foster care agency must document the basis for the selection in the file of the proctor foster home.

(5) Sleeping Arrangements.

(a) Children in care must be housed in separate bedrooms, except that a child in care who is the parent of a minor child may be housed in the same room if the parent is the caretaker of the child. If a child in care is 18 years of age or older and is to share a bedroom with a child in care less than 18 years of age, written approval must be obtained from the Department licensing coordinator.

(b) The foster care agency must consider the age, gender, special needs, behavior, and history of abuse or neglect of the child in care in determining appropriate sleeping arrangements.

(c) Unrelated children in care may not share a bed.

(6) The foster care agency must provide to the proctor foster home a copy of the signed contract and maintain a copy in the proctor foster home file.

(7) At the time of placement of each child in care in a proctor foster home, the foster care agency must provide the proctor foster home parents with all of the following information and authorizations:

(a) The name and date of birth of the child in care, and the reason for placement.

(b) The name of the assigned worker and a telephone number to contact the foster care agency.

(c) Information about the health, behavioral characteristics, and needs of the child in care.

(d) Authorization and clear written instructions for obtaining medical, dental, and other professional care, and authorization for emergency medical care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0361

Documentation Required When a Foster Care Agency Changes a Placement

Within seven working days after a child in care is moved out of a proctor foster home and placed in a different proctor foster home, a foster care agency must record all of the following information in the case record:

(1) The reason for the new proctor foster home; and

(2) The name and address of the new proctor foster home.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0366

Respite Care

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must have a respite care policy for each proctor foster home that addresses the need to provide children in care with safe and adequate care when the proctor foster home parents are not present.

(2) The respite care policy of the foster care agency must include the following:

(a) The foster care agency is responsible for identifying and selecting safe and responsible alternate caregivers for a child in care placed in a proctor foster home:

(A) Each alternate caregiver must be at least 21 years of age;

(B) The foster care agency must assure completion of background checks (pursuant to OAR 407-007-0200 to 407-007-0370); and

(C) Prior to determining that the alternate caregiver is safe and appropriate to provide relief or respite care, the foster care agency must analyze information relevant to paragraphs (A) and (B) of this subsection.

(b) The proctor foster home must receive the approval of the foster care agency prior to using a relief or respite caregiver.

(c) The proctor foster home is responsible for notifying the foster care agency in advance when the parents plan to provide relief or respite care for another proctor foster home and the number of children in care will exceed the maximum number of children in care authorized.

(d) There must be a respite care plan relating to the age, developmental ability, and special needs of each child in care placed in the proctor foster home.

(e) There must be plans for respite care in the event of an emergency that makes a proctor foster home unavailable.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0371

Training of Foster Care Agency Staff

In addition to the orientation requirements in OAR 413-215-0061(4) and (5), a foster care agency must meet all of the following training requirements with respect to its employees:

(1) Staff of the foster care agency must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children build positive personal relationships and self-control.

(b) If restraint and seclusion are utilized by the program, the approved techniques and monitoring procedures. The policy and training provided by the foster care agency must be clear that restraint or seclusion is used as an intervention of last resort.

(2) In addition to annual mandatory child abuse training, staff of the foster care agency must receive ongoing training at least annually on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(3) Staff of the foster care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

(4) Staff of the foster care agency must receive training related to the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0430, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0376

Health Services

A foster care agency must comply with all of the following requirements:

(1) The foster care agency must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical History. Within 30 days after the foster care agency assumes physical custody of a child in care, the foster care agency must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant injuries, and past or present communicable diseases, to the extent such information is available under ORS 192.518 to 192.526;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health;

(e) Documentation that the child in care has received age-appropriate instruction regarding pregnancy prevention, nutrition, prevention of HIV and AIDS, and general information about the prevention and treatment of sexually transmitted diseases; and

(f) Physician's orders, including those related to medications, if any.

(3) Health services. The foster care agency must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health and birth control.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast and other common cancers.

(g) Provide all necessary feminine hygiene products.

(h) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases.

(4) Medical examinations. The foster care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified health professional at the following intervals:

(a) Three examinations during the first year of the child in care's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of fourteen.

(5) The foster care agency must have established protocols for accessing routine and urgent care for children in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0381

Medication

A foster care agency must comply with all of the following requirements:

(1) Policy and procedures. The foster care agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the foster care agency and the proctor foster home parents who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.

(2) A prescription, signed by a physician or qualified health professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care, proctor foster home, or staff. As used in this rule "self administration of medication" refers to the act of a resident placing a medication internally in, or externally on, his or her own body.

(3) A written order, signed by a physician or qualified health professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(4) Before a foster care agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the foster care agency, approved in writing by a physician, and closely monitored by the proctor foster home parent or the staff of the foster care agency.

(5) Medication storage.

(a) Prescription medications that are unused and medication that is outdated or recalled may not be maintained in a proctor foster home. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The proctor foster home may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the proctor foster home must be kept in a manner that they are inaccessible to children in care.

(d) Medications requiring refrigeration must be refrigerated and secured.

(e) Medications must be maintained and stored in its original container, including the prescription label.

(6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(7) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that is administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken out of the proctor foster home by a child in care during a home visit or other activity.

(9) Where applicable, the foster care agency must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0386

Referral and Initial Evaluation of Children

A foster care agency must comply with all of the following requirements:

(1) Referral. The foster care agency must have a policy that addresses the process by which children in care are referred to the foster care agency. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children in care are accepted by the foster care agency.

(c) How information necessary to provide for the safety and care of children in care will be provided to proctor foster home parents, and staff of the foster care agency.

(2) Initial evaluation of a child. The foster care agency must evaluate each child in care referred to the foster care agency for placement. In conducting the evaluation, the foster care agency must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

(3) The foster care agency must be prepared to provide to a parent or legal guardian of a referred child suggestions for obtaining resources in the event the child is not accepted by the foster care agency for placement.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0391

Consents, Disclosures, and Authorizations

(1) Consents. For each child in care taken into the physical custody of a foster care agency, the foster care agency must ensure that a parent or legal guardian signs a consent that authorizes under what circumstances the foster care agency may undertake each of the following, as applicable:

(a) To provide routine and emergency medical care. If a foster care agency relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the foster care agency may not require medical, psychological, or rehabilitative procedures. The foster care agency must have policies and procedures for this practice, which are reviewed and approved by the parent or legal guardian of the child in care.

(b) To use the discipline and behavior management systems of the foster care agency, utilized by the foster care agency.

(c) To use restraint or seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the foster care agency and how the employees of the foster care agency and proctor foster home parents are trained and supervised in the use of restraint or seclusion.

(d) To restrict the child in care's contact with persons outside the foster care agency and the proctor foster home, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 413-215-0091(11).

(e) To impose a dress code.

(f) To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities.

(2) Disclosures. At admission, the foster care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following policies and requirements of the foster care agency:

(a) Mandatory child abuse reporting requirements.

(b) Information regarding any personal or room 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 foster care agency for any program-initiated room or body search.

(c) A statement concerning the rights of children in care and parents or legal guardians served by the foster care agency as provided in OAR 413-215-0046. The statement must be written in a manner that is easy to understand, and the foster care agency must ensure that the child in care and the parent or legal guardian understand the statement and the requirement that the agency afford the children in care each of these rights.

(d) The grievance policies and procedures of the foster care agency.

(e) The foster care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(3) Authorizations.

(a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need-to-know basis.

(b) All child-specific visitors of the child in care must be approved or authorized by the parent or legal guardian, except court appointed special advocates (CASA) and attorneys appointed to represent the child.

(c) Visitation resources must be pre-approved by the parent or legal guardian of the child in care and the identity of these resources verified by the foster care agency.

(d) Activity-specific authorizations must be pre-approved by the parent or legal guardian of the child in care to allow participation in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the parent or legal guardian of the child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08; ; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0396

Information About Children in Care Placed in Physical Custody of the Foster Care Agency

A foster care agency must comply with all of the following requirements:

(1) Case files for children in care. For each child in care the foster care agency accepts for placement, the foster care agency must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care.

(b) The name and location of the child in care's previous school.

(c) The date of admission to the program.

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The parents of the child in care.

(B) The legal guardian of the child in care, if different than parents, and his or her legal relationship to child.

(C) Other family members or other persons identified by the family as significant to the child in care.

(D) Other professionals to be involved in service planning, if applicable.

(2) Service planning.

(a) All documentation, including but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A foster care agency must complete a written intake document containing screening information on the date the foster care agency accepts a child in care except in the case of an emergency placement, when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the foster care agency and including, whenever possible, the child in care, the child in care's family, and other professionals involved with the child in care or family. This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 30 days of placement. This assessment must include relevant historical information, current behavioral observations, any identified needs for services, and a description of how the foster care agency will provide or coordinate services.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan must be developed by staff of the foster care agency in conjunction with the child in care and his or her parents or legal guardians, and any other persons who are actively involved with the family, as appropriate.

(B) The service plan must reflect how the foster care agency will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by the foster care agency at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The foster care agency must document services provided, as necessary, to track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The foster care agency must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for a child in care must be a participatory decision-making process between the child in care, staff of the foster care agency, the parent or legal guardian, and significant others. As used in this rule, "significant others" means relatives, friends, or interested members of the community who are approved by the parent or legal guardian.

(d) Discharge instructions. The foster care agency must provide the child in care and the child in care's guardian with discharge instructions on or before the discharge date, including current medications, name of the doctor who prescribed each medication, any outstanding medical or other appointments, and other follow-up instructions as needed.

(e) Follow-up services. The foster care agency must identify any transitional or aftercare services or service coordination that will be offered by the program.

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(4) Financial records. A foster care agency must keep a separate written record for each child in care itemizing all money received or disbursed on behalf of the child in care. The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child in care of all personal possessions belonging to the child in care. The record must be updated as needed.

(6) The foster care agency will ensure, in policy, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care, child in care's parent or legal guardian at the time of discharge, or an account provided of any missing items.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0460, CWP 31-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Adoption Agencies

413-215-0401

Adoption Agencies, What Law Applies

These rules, OAR 413-215-0401 to 413-215-0481, regulate a child-caring agency licensed as an adoption agency. An adoption agency must also comply with OAR 413-215-0001 to 413-215-0131.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0090, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0406

Definitions

As used in OAR 413-215-0401 to 413-215-0481:

(1) "Adoption agency" means an organization providing any of the following services:

(a) Identifying a child for adoption and arranging an adoption.

(b) Securing the necessary consent to relinquishment of parental rights and to adoption.

(c) Performing a background study on a child or a home study on a prospective adoptive parent and reporting on such a study.

(d) Making determinations of the best interests of a child and the appropriateness of adoptive placement for the child.

(e) Monitoring a case after placement until final adoption.

(f) When necessary because of disruption before final adoption, assuming custody and providing childcare or other social services for the child pending an alternative placement.

(2) "Birth parent" means each person who holds a legally recognized parental relationship to the child but does not include the adoptive parents in the adoption arranged by the adoption agency.

(3) "Criminal history check" means compliance with the Department's criminal records history rules (OAR 407-007-0200 to 407-007-0370). To comply with these rules, the agency must appoint a Contact Person (CP) who is designated to receive and process criminal history and child abuse check forms. Final fitness determinations will be made by the Department.

(4) "Disruption" means the interruption of an adoptive placement prior to the finalization of the adoption in a court of law.

(5) "Intercountry adoption" means an adoption in which a child who is a resident and citizen of one country is adopted by a citizen of another country.

(6) "Placement" of a child occurs when the child is placed in the physical or legal custody of prospective adoptive parents.

(7) "Re-adoption" means a process in which a child whose adoption was completed in another country is re-adopted in this country.

(8) "Special needs" mean a trait or disability of a child that requires special care or attention of the child or that historically has made placement of a child with similar characteristics or disability difficult.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0411

Information and Reporting Requirements of an Adoption Agency

(1) Public information.

(a) An adoption agency must provide to each person making an inquiry about adoption a written program statement that describes the services of the adoption agency and includes all of the following information:

(A) A description of the children normally placed by the adoption agency.

(B) Eligibility requirements for adoptive families.

(C) Timelines for intake screening and for being placed on a waiting list.

(D) A clear delineation of fees, charges, contributions, or donations required to obtain adoption services.

(E) The services provided during the adoption process.

(F) The geographical area covered by the adoption agency.

(b) The written and electronic materials of an adoption agency describing its adoption program must be accurate, must be reviewed regularly for accuracy, and must include the date the material was last updated.

(2) Cost disclosures. An adoption agency must provide the following information regarding the costs of an adoption:

(a) The adoption agency must provide all of the following information to all prospective adoptive parents:

(A) A written schedule of estimated fees and expenses.

(B) An explanation of the conditions under which estimated fees or expenses may be charged, waived, reduced, increased, or refunded.

(C) When, how, and to whom the estimated fees and expenses must be paid.

(b) Before providing an adoption service to a prospective adoptive parent, the adoption agency must itemize and disclose in writing to the parent the estimated fees and expenses the parent will be charged related to each of the following:

(A) A home study.

(B) The adoption agency fees in the United States.

(C) Other–country program expenses, if applicable.

(D) Translation and document expenses, if applicable.

(E) Travel and accommodation expenses, if applicable.

(F) Contributions.

(G) Post-placement and post-adoption reports.

(H) Likely charges of the U.S. Citizenship and Immigration Services (USCIS).

(I) Legal finalization or re-adoption expenses, if applicable

(c) The adoption agency must specify in its written adoption contract when and how funds advanced to cover fees or expenses will be refunded if adoption services are not provided.

(d) When the delivery of adoption services is completed, the adoption agency must provide the prospective adoptive parents, within 30 days following the completion of services, a detailed written accounting of the total fees and expenditures for which the adoptive parents will be charged by the adoption agency.

(3) Data collection requirements. An adoption agency must maintain in a standard and accessible format all of the following information and make it available on request:

(a) The number of adoption placements it completes each year for the prior three calendar years, and the number and percentage of those placements that remain intact, are disrupted, and have been dissolved as of the time the information is provided.

(b) The number of parents who apply with the adoption agency to adopt a child in care each year.

(c) The number of waiting children available for adoption that the adoption agency is attempting to place.

(4) Mandatory reporting of disruption and dissolution. The adoption agency must submit to the Department on a prescribed form a written report within 14 days after a disruption or dissolution is reported to the adoption agency if the adoption agency was involved in the study of the family, the placement of the child in care, or the supervision of the adoptive placement. As used in this rule, "dissolution" means the termination of an adoptive placement after finalization.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0416

Adoption Agency Staff

In addition to meeting the requirements in OAR 413-215-0021(3):

(1) Required staff. An adoption agency must have an executive director and a social services supervisor. If one person fills both positions, that person must meet the qualifications of both the executive director and the social services supervisor listed in subsections (2)(a) and (b) of this rule.

(2) Qualifications.

(a) The executive director must possess all of the following qualifications:

(A) Management skills and abilities.

(B) A bachelor's degree from an accredited program.

(C) Two years of full-time experience in child social services.

(b) The social services supervisor must possess all of the following qualifications:

(A) A master's or doctorate degree from an accredited program in social work, psychology, guidance and counseling, or a similar subject area.

(B) Two years of experience in family and children's services, one year of which must include providing adoption services.

(C) If the agency provides intercountry adoption services, the supervisor must have experience in intercountry adoptions.

(c) An incumbent executive director or social services supervisor employed by the adoption agency prior to October 17, 2008 — of an adoption agency already licensed by the Department — who does not meet the qualifications listed is subsections (a) and (b) of this section is deemed to meet those requirements if he or she had been in the position for at least three years, had significant skills and experience with the adoption process, and has access to consultation with persons having the qualifications listed in subsections (a) and (b) of this section, as applicable.

(d) Social services staff, who are non-supervisory employees providing adoption-related social services requiring the application of clinical skills and judgment, must possess:

(A) A master's degree from an accredited program of social work education or another human service field;

(B) A bachelor's degree from an accredited program of social work education; or

(C) A combination of a bachelor's degree in another human service field and experience in family and children's services or adoption.

(3) Supervision. All non-supervisory social services staff described in subsection (2)(d) of this rule must be supervised by an employee of the adoption agency who meets the requirements for social services supervisor set forth in subsection (2)(b) or (2)(c) of this rule.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0040, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0421

Staff Training Requirements for Adoption Agencies

An adoption agency must meet all of the following requirements related to its staff:

(1) The adoption agency must have a comprehensive plan for providing basic training to newly hired social services employees on the issues that arise with adoptive placement.

(2) The adoption agency must ensure that all social services staff and contracted social services providers obtain a minimum of 10 hours of training annually on issues related to adoption.

(3) The adoption agency must ensure that all social services staff and all persons who provide adoption services complete training in all of the following areas:

(a) The potential short- and long-term effects of prenatal exposure to alcohol, drugs, and poor nutrition.

(b) The potential effects of separation and loss.

(c) The process of developing emotional ties to an adoptive family.

(d) Normal child and adolescent development.

(e) The potential effects of physical abuse, sexual abuse, neglect, and institutionalization on the development of the child in care.

(f) The potential issues of race, culture, and identity; issues of acculturation and assimilation; and, if applicable, the effects of having been adopted internationally.

(g) The emotional adjustment of adopted children and their families.

(h) Open adoption.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0426

Policies and Procedures for Adoption Agencies

An adoption agency must have and follow written policies and procedures for the adoption services it provides including, at a minimum all of the following:

(1) Policies and procedures prescribing safeguards relating to the needs, rights, and responsibilities of the following:

(a) A birth parent who is considering the release of a child in care for adoption;

(b) A child in care who becomes available for adoption; and

(c) A family who adopts a child in care.

(2) Policies and procedures designed to ensure compliance by the adoption agency all applicable federal and state laws, including but not limited to:

(a) The Indian Child Welfare Act of 1978, Pub. L. No. 95-608, 92 Stat. 3069 (1978) (ICWA)(see OAR 413-070-0100 to 413-070-0260);

(b) The Interstate Compact for Placement of Children (ICPC) (see ORS 417.200);

(c) Section 1808 of the Small Business Job Protection Act of 1996, Pub. L. No. 104-188, 110 Stat. 1903 (1996), amending 42 U.S.C. § 671;

(d) The Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056 (1994);

(e) The Intercountry Adoption Act of 2000, Pub. L. No. 106-279, 114 Stat. 825 (2000), 42 U.S.C. § § 14901 to 14954.

(f) ORS chapter 109.

(3) Policies and procedures designed to ensure that the decision to place a child in care in a specific home or to disrupt a placement is not made autonomously by a social services worker.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0431

Records Requirements for Adoptions

In addition to compliance with the records and documentation requirements of OAR 413-215-0071 and 413-215-0456:

(1) Permanent record in a domestic adoption. An adoption agency must maintain a permanent record on each birth parent who has consented to and has surrendered a child in care to the adoption agency. Except as authorized by section (2) of this rule, the record must include all of the following documents or information:

(a) The date and place of the birth parent's initial inquiry with the adoption agency and the persons present when the inquiry was made.

(b) The date, place, and purpose of each subsequent contact between the adoption agency and the birth parent.

(c) Evidence that the following adoption agency forms were provided to the birth parent:

(A) Consent for Service;

(B) Receipt of Grievance Procedures;

(C) Clients' Rights and Responsibilities, including the notice required by ORS 109.346 when applicable; and

(D) Service Plan.

(d) Each alternative to adoption discussed with the birth parent.

(e) A description of each discussion relating to fees, expenses, or other consideration or thing of value relating to the adoption.

(f) The date, time, and place of birth of the child in care, the name and address of the hospital or birthing center if the child in care was born in one, and all pertinent prenatal information.

(g) The names, dates of birth, physical description of the birth parents at the time of the child in care's birth, including age, height, weight, and color of eyes, hair and skin.

(h) Personality traits of the child in care's birth parents, siblings, and members of the child's extended family.

(i) A medical history of the birth parents, siblings, and extended family of the child in care, including medical, mental, and emotional history, including the history of the use of drugs or alcohol, gynecologic and obstetric history of the birth mother, and a record of inheritable genetic or physical traits or tendencies of the birth parents or their families.

(j) The ethnicity of the child in care's birth parents and the members of the child's extended family.

(k) Documentation of the efforts of the adoption agency to determine whether the Indian Child Welfare Act (ICWA) applies.

(l) The religious background of the child in care's birth parents and the members of the birth parents' extended family.

(m) The educational level and functioning, employment history, criminal history, and social and emotional functioning of the birth parents, siblings, and the members of their extended family.

(n) A notation that identifies the adoptive parents sufficient to cross-reference the file of the adoption agency on the adoptive parents.

(o) A copy of the placement agreement.

(p) Post-adoption communication agreements.

(q) Details about any termination of parental rights.

(r) A copy of the general judgment of adoption.

(s) Copies of any documents signed by the birth parent.

(2) If the adoption agency is unable to include in the permanent record a document or information required by subsections (1)(f) to (1)(m) of this rule, the adoption agency must include in the record a description of its reasonable effort to obtain the document or information.

(3) Preservation and retention of adoption records for adoptions. An adoption agency giving legal consent to the adoption of a child in care must permanently retain, to the extent allowed by law, the records concerning the child's adoption, as follows:

(a) The record must include all of the following:

(A) Adoptive parent orientation documentation.

(B) Evaluation documentation of both the birth and adoptive parents.

(C) Placement documentation.

(D) Post-placement supervision documentation.

(E) Originals of photographs, letters, and other personal items provided by the child in care's birth family.

(b) The adoption agency must store the records in fire-retardant, locked files kept in a secure location.

(c) If more than one adoption agency is involved in an adoption, the adoption agency that placed the child in care must preserve the permanent case record.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 109.342, 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0436

Services Prohibited

An adoption agency may not guarantee or represent to prospective adoptive parents that a particular child in care will be placed in their home for payment of a fee.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 109.342, 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0441

Services for Birth Parents Considering Domestic Adoption

(1) If an adoption agency is serving a birth parent who is considering the adoption of his or her child:

(a) The adoption agency must provide the services described in these rules, OAR 413-215-0401 to 413-215-0481.

(b) If the adoption agency is serving a birth parent who lives in a state other than Oregon, the adoption agency must make the services described in these rules (OAR 413-215-0401 to 413-215-0481) available to the birth parent in the state of residence of the birth parent.

(2) Information.

(a) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to each legal parent.

(b) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to a putative father if:

(A) The putative father resided with the child in care within 60 days of the court proceeding about the adoption or custody of the child in care;

(B) The putative father repeatedly contributed or tried to contribute to the support of the child in care within 12 months of the court proceeding about the adoption or custody of the child in care; or

(C) There is a notice of initiation of filiation proceedings on file with the Center for Health Statistics of the Department prior to the initiation of either a court proceeding about the adoption or custody of the child in care, or the placement of the child in the physical custody of a person for the purpose of adoption by them. There is no requirement to provide information under this paragraph if the notice of initiation of filiation proceedings was not on file at the time of placement.

(c) The adoption agency must provide all of the following information to the persons identified in subsections (2)(a) and (2)(b) this section:

(A) Information regarding support and resources needed to parent a child in care.

(B) Information regarding options within adoption and the consequences of each option, including the possibility of a birth parent continuing contact with the adopted child in care and the adopting parents after adoption, the variables and options for such continuing contact, the desire of the child in care for continuing contact, and the availability of mediation to resolve issues involving contact.

(C) Information regarding grief and loss inherent in adoption.

(D) Information regarding the effects and permanence of adoption.

(E) Information regarding availability of or referral to appropriate support services. The availability of these services may not be made contingent upon the birth parent's decision to select adoption as the plan for the child in care.

(3) The adoption agency must provide guidance if a child in care's birth parents disagree with each other about the adoption plan.

(4) Identification of birth fathers. If the adoption agency is working with a birth mother, the adoption agency must ensure all of the following:

(a) The adoption agency asks the birth mother for the identity and whereabouts of the birth father.

(b) The adoption agency does not counsel or advise a birth mother to state that the identity or location of the father is unknown.

(c) If the birth mother indicates that the identity or location of the father is unknown, or if the birth mother refuses to identify the birth father, the adoption agency advises her of the potential ramifications of her knowing failure to provide the information.

(d) The adoption agency must contact the Center for Health Statistics of the Department within a reasonable period of time prior to placement to determine whether the child in care's legal or putative father can be identified.

(e) The adoption file of the adoption agency includes all reported information about the legal or putative father, even if his identity or location is unknown to the mother.

(5) Disclosures prior to placement:

(a) Potential disclosure of parental identity. The adoption agency must tell each birth parent who is contemplating making their child available for adoption that information related to their identities may subsequently be disclosed to the child in care in accordance with Oregon law.

(b) Voluntary adoption registry. As required by ORS 109.353, the adoption agency must inform each birth parent of the voluntary adoption registry established under ORS 109.450.

(c) Adoption–related counseling for birth parents. As required by ORS 109.346, the adoption agency must provide notice to each birth parent consenting to an adoption regarding his or her right to adoption-related counseling.

(6) Consent and surrender. The adoption agency may accept the voluntary consent and surrender of a child in care after taking all of the following actions:

(a) Providing to each birth parent full and accurate information, and the opportunity to discuss the consequences of the documents they are signing.

(b) Discussing with each birth parent the circumstances leading to the decision to choose adoption.

(c) Informing each birth parent of their right to their own legal counsel at their own expense.

(d) Providing each birth parent with written information to assist them in understanding the changes that result from adoption in their parental legal rights, obligations, and responsibilities, including potential ramifications of post-placement establishment of paternity.

(e) After the birth of the child in care, reassessing the birth mother's ability to understand the consequences of her decision to sign a consent and surrender document. This assessment must include consideration of her emotional state and current influence of medication.

(f) In the case of an Indian child, informing the parents that if no different order of preference has been established by the child in care's tribe for adoptive placement, the adoption agency must, in the absence of the court's determination that good cause to the contrary exists, give preference to placing the child in care with a member of the child in care's extended family, other members of the Indian child's tribe, or other Indian families.

(g) Informing the birth parent that the adoption agency cannot honor a request of the birth parent to place the child in care with a family based solely on preferred race, color, or national origin unless the child is an Indian child in care, in which case the licensed agency must follow the Indian Child Welfare Act of 1978.

(7) Documents. The adoption agency must provide a copy of all documents signed by the birth parents to the birth parents at the time they sign a consent and surrender document.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 109.096, 109.346, 109.353, 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0050, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0446

Adoptive Family Recruitment and Screening

An adoption agency must have a recruitment and screening process that meets all of the following standards:

(1) The adoption agency must have an ongoing recruitment program to ensure an adequate number of suitable adoptive families are identified for the types of children in care identified in the program statement of the adoption agency.

(2) Orientation. The adoption agency must provide orientation for the adoptive family before the adoption agency approves the home study. The orientation must include the following information:

(a) The adoption program, policies, and procedures of the adoption agency.

(b) The needs and characteristics of children available for adoption.

(c) Attachment, separation, and loss issues for children and families.

(d) The importance of cultural and ethnic identity to the child in care and ways to foster these identities.

(e) The effects of adoption on the child in care and family.

(f) The adoption process.

(g) Rights and responsibilities of the adoptive family and adoption agency.

(h) Information on the potential risks and challenges inherent in adoption.

(i) Pre-placement, placement, and post-legal adoption services and resources available to the adoptive family.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0451

Adoptive Home Requirements

(1) Home study. Before an adoption agency approves a family for an adoptive placement and before referring or placing a child in care with a family for the purpose of adoption, a social services worker must complete a written home study of the adoptive family. The home study must include all of the following:

(a) An individual interview with each applicant parent as well as with each member of the applicants' household, as applicable.

(b) If the applicants are married or are a cohabiting couple, an additional, joint interview with the couple.

(c) An on-site evaluation of the applicants' home to determine whether the home is in full compliance with the safety standards identified in the Safety Checklist (CF 979).

(2) Written home study. The home study required by section (1) of this rule must include all of the following information:

(a) The dates and places in which applicant parent and household members were interviewed or observed.

(b) The identity of each child in care to be considered for placement, if known.

(c) The applicants' motivation for adoption.

(d) The family's plan for honoring the child's ethnic and cultural heritage.

(e) Education or training needs of the adoptive parents, including education and training for children in care having special needs.

(f) The applicants' need for support services and description of current support system.

(g) Life experiences and challenges of the applicants.

(h) Marriage status or relationship of the applicants.

(i) The names and ages of the applicants' children in the home.

(j) The names and ages of the applicants' children not living in the home.

(k) The applicants' parenting skills and values.

(l) The applicants' lifestyle.

(m) The applicants' home and community.

(n) The applicants' health.

(o) The applicants' religion or spiritual beliefs, as applicable.

(p) The applicants' employment and finances.

(q) Safety information and safety issues discussed with the applicants.

(r) Minimum of four references not related to the applicants.

(s) Comply with the Department's background check rules at OAR 407-007-0200 to 407-007-0370.

(t) Criminal history check and a child abuse and neglect history from every state in which the individual has lived within the preceding five years for each member of the household age 18 or older. Checks are also required for a household member under the age of 18 if there is reason to believe that the household member may pose a safety threat to children placed in the home.

(u) Documentation that a child abuse and neglect history was requested from any other country in which a member of the household age 18 or older has lived within the preceding five years, and the response if any.

(v) An assessment of all the information gathered regarding the adoptive applicants and any recommendations.

(w) Signed approval or denial by a social services supervisor to use the home for adoption.

(3) Home study requirements.

(a) An adoption agency may not complete a home study until the prospective adoptive parents have received at least six hours of the pre-adoptive training and education required by OAR 413-215-0456.

(b) An adoptive home study is valid for a maximum of two years from the date of completion, providing significant changes have not occurred in the applicants' household.

(c) If significant changes occur in the applicants' household after the completion of the home study but before the adoption is finalized, the adoption agency must complete an update of the home study.

(d) Once the adoption is finalized, the adoption agency must complete a new home study each time the family seeks to adopt another child in care.

(4) Certificate of approval. The adoption agency must issue a written document certifying the approval or disapproval of the applicants as potential adoptive parents.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0456

Information, Education, and Training for Adoptive Parents

An adoption agency must meet all of the following requirements related to information, education, and training for adoptive parents:

(1) Adoptive parent training. The adoption agency must document that it has provided the prospective adoptive parents a minimum of 10 hours of comprehensive orientation and training, independent of the home study, that covers all of the following:

(a) The possible short- and long-term effects of prenatal exposure to alcohol, drugs, and poor nutrition.

(b) The effects of separation and loss.

(c) The process of developing emotional ties to an adoptive family.

(d) Normal child and adolescent development.

(e) What research indicates about the potential effect on a child in care's development of physical abuse, sexual abuse, neglect, institutionalization, and multiple caregivers.

(f) Issues related to race, culture, and identity.

(g) Acculturation, assimilation, and, if applicable, the effects of having been adopted internationally.

(h) Emotional adjustment of adopted children and their families, including attachment and psychological issues of adopted children who have experienced abuse, neglect, or trauma.

(i) In the case of an intercountry adoption, the process involved in an intercountry adoption and the general characteristics and needs of children awaiting intercountry adoption.

(2) Individual preparation. The adoption agency must document reasonable efforts to prepare prospective parents for the adoption of each child in care under consideration before the earliest of the following:

(a) The child in care is placed with them.

(b) Travel to the child in care's country for the purpose of adoption.

(3) Methods of training.

(a) The adoption agency must provide the required training using appropriate methods, such as:

(A) Collaboration among agencies or persons to share resources to meet the training needs of parents;

(B) Group seminars offered by the adoption agency or others who provide training;

(C) Individual counseling sessions;

(D) Video, computer-assisted, or distance learning methods using standardized curricula.

(b) If the training cannot otherwise be provided, the adoption agency may allow the prospective adoptive family to complete an independent study that includes a system for evaluating the thoroughness of the subjects covered.

(4) Information and disclosures.

(a) The adoption agency must give the adoptive family detailed written information covering the following subjects:

(A) Resources for financial support, including tax credit, employee adoption benefit programs, and other financial assistance.

(B) Medical assistance availability, as applicable.

(C) Support services available to the family and the adoptive child, including adoptive family support groups, educational workshops and conferences, individual and family counseling, mental health services, and respite care.

(D) Information identifying each organization or individual who will be involved in the proposed placement, including whether the organization or individual will derive a fee or other consideration from a source other than the client in connection with the adoption.

(E) In domestic adoptions only, the potential ramifications of a failure of the birth father to sign the consent and surrender documents.

(b) If a child in care qualifies for adoption assistance through the department's Adoption Assistance Program, the adoption agency must assist the prospective adoptive parents in getting approvals or agreements in a timely manner, prior to adoption finalization.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0070, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0461

Evaluation and Selection of Adoptive Family

An adoption agency must meet all of the following requirements regarding the placement of a child in care:

(1) Pre-placement evaluation. A social services worker must review the record, evaluate, and document all of the following factors before making a placement with an adoptive family:

(a) Physical, emotional, social, behavioral, educational, and other individual needs of the child in care.

(b) The child in care's need for continued contact with siblings, relatives, foster parents, and other persons significant to the child in care.

(c) The ability and willingness of the prospective adoptive parents to accept the general and specific risks and challenges inherent in the placement being considered.

(2) Placement requirements. For the placement of a child in care, the adoption agency must select an adoptive family who is approved by an adoption agency, consistent with the needs of the child in care and the recommendations in the pre-placement evaluation.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0466

Domestic Adoptive Placement; Adoption Agency Requirements

An adoption agency must meet all of the following requirements related to a domestic placement:

(1) Pre-placement visit. The adoption agency must develop a written transition plan based on the developmental needs and best interests of the child in care. The plan must include provisions for pre-placement visits with the prospective adoptive family.

(2) Placement agreement documents. Before placing the child in care in a home, the adoption agency must have a written agreement with the pre-adoptive parents. A signed copy of this agreement must be given to the pre-adoptive parents and a copy must be placed in the case record. The agreement must specify the following, if appropriate:

(a) That the pre-adoptive parents agree to legally finalize the adoption in a time frame that is based on the best interests of the child in care;

(b) That the adoption agency will provide the documents necessary for finalizing the adoption in a time frame that is based on the best interests of the child in care;

(c) That the pre-adoptive parents agree to participate in supervision by the adoption agency, based on the best interests of the child in care, during the time prior to finalization of the adoption;

(d) That the pre-adoptive parents agree to provide written notification to the adoption agency prior to each of the following:

(A) A change of residency.

(B) The removal of the child in care from the state for more than 72 hours.

(C) Placement of the child in care in the care of another person for more than 72 hours.

(e) That the adoption agency will arrange for supervision in accordance with the Interstate Compact for Placement of Children if the adoptive family moves to another state.

(f) The plan must address all of the following subjects, based on the best interests of the child in care, in the event of a disruption:

(A) Who has responsibility for providing care and the cost of care.

(B) Financial arrangements to ensure transfer of custody when necessary.

(C) For intercountry adoptions only, whether the child in care is to remain in the country of placement and how the authorities in the originating country will be notified of the disruption.

(3) Medical consent form. At the time of the child in care's placement in the adoptive home, the adoption agency must give the adoptive parents a signed medical consent form authorizing medical care of the child in care.

(4) Child and birth parent information. Before placing a child in care with a family, the adoption agency must make reasonable efforts to discuss with the adoptive parents and provide them in writing all available information about the child in care and his or her birth parents, including, but not limited to:

(a) Medical data.

(b) Information about genetic, congenital, or pre-existing conditions.

(c) Information on the child in care's physical, emotional, and behavioral functioning and adjustment

(d) Pertinent information regarding the birth parents, excluding identity.

(e) Information about disabilities and their implications, including information from diagnosticians and, if applicable, appropriate therapists.

(5) The adoption agency may not withhold or misrepresent information, nor may it misrepresent the implications of child information. The adoption agency and its agents must provide to prospective adoptive parents, in accordance with these rules (OAR 413-215-0401 to 413-215-0481), all information obtained about the child in care.

(6) Post-placement supervision. The adoption agency is responsible for the child in care until the court has entered the general judgment of adoption. After the child in care is placed, the adoption agency must provide and document supervision of the home by a social services worker, including all of the following:

(a) A home visit with the family within the first 30 days following placement to establish a helping post-placement relationship. The frequency of contacts, including home visits, office visits, telephone calls, and e-mail, is dependent on the child in care's age and special needs, and the family's adjustment to the child in care.

(b) Any change in the adoptive family relating to health, finances, or composition that could affect the child in care.

(c) Providing to the adoptive parents any medical information on a child in care's birth family received by the adoption agency after the child in care was placed for adoption.

(d) If the placement appears likely to disrupt, the adoption agency must document its efforts to:

(A) Provide counseling services to preserve the placement; and

(B) Provide or arrange for replacement services, including foster care if needed, if disruption occurs.

(7) Post-legalization services. The adoption agency must make adoption services available to birth parents, adoptive parents, and adopted children after the adoption is finalized. The adoption agency must provide or inform the adoptive parents how to obtain information regarding all of the following:

(a) Counseling services.

(b) Crisis intervention.

(c) Respite care.

(d) Specialized support groups.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0471

Adoption Finalization — Adoption Agency Requirements

(1) For the legal finalization of an adoption, an adoption agency must prepare and promptly provide to the adoptive family or the family's attorney all documents required for filing with the court.

(2) After consenting to the adoption of a minor child, an adoption agency must promptly file with the appropriate court all required documents that are available.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0080, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0476

Intercountry Adoptions

In addition to the requirements for adoption agencies in OAR 413-215-0401 to 413-215-0481 other than OAR 413-215-0431(1) - (2), 413-215-0441, 413-215-0456(4)(a)(E), and 413-215-0466, an adoption agency approved to provide intercountry adoptions must meet all of the following standards with regard to intercountry adoptions:

(1) Compliance with foreign law.

(a) The adoption agency must comply with the laws and regulations of the sending country.

(b) The adoption agency must make reasonable efforts to learn and understand legal and procedural adoption requirements in the sending country.

(c) The adoption agency must establish written policies and procedures designed to fulfill and comply with the legal requirements, adoption laws, and adoption procedures of the sending country.

(d) The adoption agency must train its employees and volunteers about the adoption laws and procedures of the sending country.

(2) Compliance by foreign representatives. If the adoption agency uses an organization or person in the foreign country to facilitate adoption services within the foreign country, the adoption agency must make reasonable efforts to see that the organization or person meets all of the following requirements:

(a) Fully complies with all adoption and other laws and procedures of the sending country.

(b) Is licensed or otherwise authorized to provide the contemplated adoption services within the sending country.

(c) Does not engage in practices that are not in the best interests of the child in care or that encourage or facilitate the sale, abduction, exploitation, or trafficking of children.

(d) Does not have a pattern of licensing suspensions or other sanctions within the foreign country and has not lost the right to provide adoption services in any jurisdiction for reasons associated with unlawful or unethical service.

(e) Provides full disclosure to the adoption agency regarding any suspension, debarment, sanction, criminal charge, or disciplinary action against the organization or person, or any person serving with the organization, related to adoption services or financial dealings within the past ten years.

(f) Provides full disclosure to the adoption agency of business activities performed by or engaged in by employees or affiliates of the foreign representative that are inconsistent with the principles of these rules or the Intercountry Adoption Act of 2000, 42 U.S.C. 14901 to 14954.

(3) Pre-placement determination of compliance. Before a child in care can be placed for adoption, the adoption agency must determine that the adoption service or person authorized by the sending country has certified that:

(a) The child in care is qualified for adoption and is in the permanent custody of an authorized organization or person in the sending country.

(b) The authorized service or person has obtained proof from a competent authority in the child in care's country of origin that the necessary consents to the child in care's adoption have been obtained and that the necessary determination has been made that the prospective placement is in the best interests of the child in care.

(c) The child in care has the proper emigration and immigration permits.

(d) The authorized service or person has the child in care's social and medical history or, if either is not available, has documented adequate reasons why the adoption agency was not able to obtain the information.

(4) Child information requirements. The adoption agency must use reasonable efforts, or require the authorized organization or person in the child in care's country of origin to make reasonable efforts, to obtain and provide all available information concerning a child in care referred for adoption, if known to the adoption agency or foreign representative, including the all of following:

(a) The date an authorized authority in the sending country took custody of the child in care and the reasons why the child in care is in custody.

(b) Information concerning the child in care's history, including a chronology showing the persons and institutions that have had custody of and cared for the child in care, the nature of care provided, and the reasons for transferring custody.

(c) Information concerning the child in care's immediate family, including current status and location of the birth parents and siblings of the child in care; history of abuse, neglect, or mistreatment of the child in care; history of alcohol and drug abuse by the birth parents; hereditary conditions; and other risk factors.

(d) Information concerning the child in care's cultural, racial, religious, ethnic, and linguistic background.

(e) The child in care's medical information, including all of the following:

(A) All medical records, including both summaries or compilations of medical records and original records.

(B) Information resulting from medical examinations of the child in care.

(C) A history of significant illnesses or medical events, hospitalizations, and changes in the child in care's condition, growth data, and developmental status at the time of the child in care's referral for adoption.

(f) Videotapes and photographs of the child in care, identified by the date on which the videotape or photograph was recorded or taken.

(g) Specific information regarding health risks in the specific region or country where the child in care resides.

(5) An adoption agency must provide the information described in section (4) of this rule to prospective adoptive parents regarding a child in care referred for adoption as follows:

(a) The information must be provided at least two weeks before the earliest of the following:

(A) The adoption or placement for adoption.

(B) The date on which the prospective adoptive parents travel to the sending country to complete procedures relating to the adoption.

(b) To the extent the matter is within its control, the adoption agency may not withdraw the referral of a child in care until the prospective adoptive parents have had at least one week to consider the needs of the child in care and their ability to meet those needs, and to obtain medical review of child in care information. The adoption agency may withdraw the referral earlier if the best interests of the child in care require a more expedited decision.

(c) The information must be provided in both the original language, if available, and in English. The adoption agency must do nothing to discourage prospective adoptive parents from obtaining their own translation of the information.

(6) An adoption agency must document in its adoption file all of the following:

(a) The efforts of the adoption agency to obtain the information.

(b) Reasons why the adoption agency was not able to obtain the information, if applicable.

(c) All communications made with prospective adoptive parents regarding the information, including contents of, dates, and the manner in which the information was provided to the prospective adoptive parents.

(7) With regard to post-placement and post-legalization requirements and services, an adoption agency must meet all of the following requirements:

(a) The adoption agency must take all appropriate measures to ensure that the transfer of the child in care takes place in secure and appropriate circumstances, with properly trained and qualified escorts, if used, and, if practicable, in the company of the adoptive parents.

(b) Until the adoption is finalized, the adoption agency must provide post-placement reports on a child in care to the sending country when required by the sending country. When such reports are required, the adoption agency:

(A) Must inform the prospective adoptive parents of the requirement prior to the referral of the child in care for adoption; and

(B) Must inform the prospective adoptive parents that they will be required to provide all necessary information for the reports.

(c) For children in care sent to the United States, in addition to post-placement reports required by the sending country, the adoption agency must require at least one home visit with all persons living in the adoptive home between one and four months after the child in care's arrival in the United States. Home visits must be documented in a post-placement report that includes all of the following issues:

(A) The status and adjustment of each child in the adoptive home.

(B) The status and adjustment of the prospective adoptive parents and other adoptive family members to each child in care placed in the home.

(C) A summary of the information obtained concerning the birth parents and the available social, medical, and genetic history of each child in care placed in the home.

(d) If an adoption or re-adoption is sought in Oregon, the original post-placement report, along with recommendations, must be filed by the adoption agency with the court and a copy forwarded to the department.

(e) The adoption agency must inform the prospective adoptive parents of other available post-placement services and resources, including all of the following:

(A) Additional home visits, office visits, telephone conferences, and other contacts with the personnel of the adoption agency.

(B) Other professionals, organizations, and groups that provide support and information for adoptive parents of children adopted internationally.

(f) When an adoption is not finalized in the sending country, the adoption agency must meet all of the following requirements:

(A) Monitor and supervise the placement to ensure that the placement remains in the best interests of the child in care.

(B) Inform prospective adoptive parents of the importance of finalizing the adoption in the United States and contractually require the prospective adoptive parents to finalize the adoption in the United States within a specified period after receiving the consent of the adoption agency for adoption.

(C) Advise adoptive parents regarding the means of obtaining proof of citizenship for the child in care and the process for obtaining a social security number.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0100, CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0481

Services to Children from the United States Placed in Other Countries

Before making a plan to place a child in care from the United States with non-relative citizens of another country, an adoption agency must make reasonable efforts to actively recruit and make a diligent search for prospective adoptive parents in the United States.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Residential Care Agencies

413-215-0501

Residential Care Agencies; What Law Applies

These rules, OAR 413-215-0501 to 413-215-0586, regulate a child-caring agency licensed as a residential care agency. A residential care agency must also comply with OAR 413-215-0001 to 413-215-0131.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0000, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0506

Definitions

When used in OAR 413-215-0501 to 413-215-0586:

(1) "Age-appropriate or developmentally appropriate activities" means:

(a) Activities or items that are generally accepted as suitable for children or young adults of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or young adult, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child, activities or items that are suitable for the child or young adult based on the developmental stages attained by the child or young adult with respect to the cognitive, emotional, physical, and behavioral capacities of the child or young adult.

(2) "Care" means services provided to meet the needs of a child, such as food, shelter, clothing, medical care, schooling, protection, and supervision.

(3) "Child" means an unmarried person under 18 years of age.

(4) "Employee" means an individual holding a paid position with a residential care agency.

(5) "Facility" means the physical setting, buildings, administration, staff, equipment, and program of a residential care agency.

(6) "Family" means related members of a household, among whom at least one adult functions as a parent to one or more minor children.

(7) "Medication" means any drug, chemical, compound, suspension, or preparation in suitable form for use as a curative or remedial substance either internally or externally by any person.

(8) "Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or young adult while encouraging the emotional and developmental growth of the child or young adult, that a substitute care provider shall use when determining whether to allow a child or young adult in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(9) "Resident" means any child residing in a residential care agency other than an infant who resides with an adolescent parent.

(10) "Residential" means care or treatment services provided on a 24 hour per day basis to children. For the purpose of these rules, "residential care or treatment" does not include services provided in family foster homes or adoptive homes.

(11) "Residential care agency" means a private child-caring agency (defined in OAR 413-215-0006) that provides services to children 24 hours a day.

(12) "Staff" means employees of the residential care agency who are responsible for providing direct care or treatment to residents.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0010, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0511

Physical Plant Requirements

(1) A residential care agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 413-215-0501 to 413-215-0586) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used as a residential facility, including: the Oregon Structural Specialty Code (see the current version of OAR 837-040-0140), the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020), Oregon Health Authority Public Health Division (see the current requirements for buildings in OAR chapter 333), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to OAR 918-750-0140), the rules of the State Fire Marshal (see the current requirements for buildings in OAR chapter 837), and the local building, fire, and safety codes.

(2) A residential care agency must ensure that all of the following standards are met:

(a) All buildings where children in care are present must be smoke-free.

(b) Water temperature and access to water:

(A) A continuous supply of hot and cold water, installed and maintained in compliance with this rule and OAR 413-215-0516, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(B) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(C) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the residential care agency.

(c) Heating and ventilation. Room temperatures must be maintained within normal comfort range. Buildings must be ventilated and free of excessive heat and condensation and unpleasant odors.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0516

Room and Space Requirements

A residential care agency must meet all of the following room and space requirements:

(1) All parts of the facility must ensure the safety of the children in care.

(2) All areas of the facility must be kept clean and in good repair. Major Appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(3) Living area. A separate living room or lounge area must be available for the exclusive use of residents, employees, and invited guests with a minimum of 15 square feet per child in care.

(4) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(a) Have adequate furnishings and personal items for the children in care residing in them.

(b) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(c) Be an outside room, with a window allowing egress from the building.

(d) Have a ceiling height of at least 90 inches.

(e) Have a minimum of 60 square feet per bed.

(f) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(g) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(h) Have a window covering on each window to ensure privacy.

(i) Contain beds for children in care that meet both of the following requirements:

(A) There must be at least three feet between beds, including trundle beds if used; and

(B) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(5) Bathrooms.

(a) Bathrooms must be provided and be conveniently located in each building containing a child in care's bedroom, and must have all of the following:

(A) A minimum of one toilet and one hand-washing sink with mixing faucets for each eight children in care.

(B) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(C) Hot and cold running water, as well as soap and paper towels available at sinks, or, other hand-drying options approved by the local health department.

(D) One bathtub or shower for each ten children in care.

(E) Arrangements for individual privacy for each child in care.

(F) A window covering on each window to ensure privacy.

(G) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(H) Adequate ventilation.

(I) Have adequate personal items for children in care.

(b) Use of wooden racks over shower floors is prohibited.

(c) When impervious shower mats are used, they must be disinfected and dried at least once per day.

(6) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the children in care at one time and must contain a minimum of 15 square feet per child in care.

(7) Kitchen.

(a) Kitchens must be used exclusively for storage, food preparation, dish washing, and other activities related to eating and may not, except as provided in OAR 413-215-0536, be used for children in care's activities other than eating.

(b) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or utensils are washed or stored must be smooth, washable, and easily cleanable.

(c) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and nonabsorbent, and must be maintained in a clean and sanitary condition.

(d) All equipment used for food preparation must be installed and maintained in a manner that provides ease of cleaning beneath, between, and behind each unit.

(8) Laundry area. Laundry facilities, when provided, must be separate from all of the following:

(a) Living areas, including bedrooms for children in care.

(b) Kitchen and dining areas.

(c) Areas used for the storage of un-refrigerated perishable food.

(9) Storage. Separate storage areas must be provided for each of the following:

(a) Food, kitchen supplies, and utensils.

(b) Clean linens.

(c) Soiled linens and clothing.

(d) Cleaning compounds and equipment.

(e) Poisons, chemicals, pest and rodent control products, insecticides, and other toxic materials that must be properly labeled, stored in the original container, and kept in a locked storage area.

(f) Outdoor recreational and maintenance equipment.

(10) Outdoor activity area. A usable out-of-doors activity area must be provided that is protected from vehicular traffic and other hazards. The area must be of sufficient size to meet the recreational needs of the children in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0100, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0521

Resident Furnishings and Personal Items

A residential care agency must meet all of the following requirements:

(1) Furniture. Adequate furniture must be provided for each child in care including, but not limited to:

(a) A bed, including a frame;

(b) A clean, comfortable mattress and a pillow; and

(c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets and pillowcase;

(c) Blankets appropriate in number and type for the season and the individual resident's comfort; and

(d) Towels and washcloths.

(3) Bedding must be changed when soiled and upon change of the child in care using the bedding.

(4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child's age, gender, and culture must be made available to each child in care, stored in a clean and sanitary manner, and must include:

(a) A comb;

(b) Shampoo, or other hair cleansing product;

(c) A toothbrush;

(d) Soap;

(e) Deodorant;

(f) Toothpaste;

(g) Toilet paper;

(h) Menstrual supplies, if appropriate; and

(i) Other supplies that are appropriate to the child in care's age, gender, and cultural needs.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided for the exclusive use of each child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0130, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0526

New Facility or Remodel

A residential care agency must meet all of the following requirements:

(1) Building plans.

(a) A residential care agency must submit to the Department for approval a set of plans and specifications for each residential care facility operated by the residential care agency at each of the following times:

(A) Prior to construction of a new building.

(B) Prior to construction of an addition to an existing building.

(C) Prior to the remodeling, modification, or conversion of a building.

(D) In support of an application for initial license to operate as a residential care agency.

(b) Plans must comply with all applicable state and local requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see OAR 837-040-0140), the Oregon Fire Code (see OAR 837-040-0010 and 837-040-0020), Oregon Health Authority requirements for buildings (see OAR chapter 333), the Oregon Plumbing Specialty Code (see OAR 918-750-0110 to OAR 918-750-0140), the rules of the State Fire Marshal for buildings (OAR chapter 837), and the local building, fire, and safety codes.

(c) Plans must be drawn to scale, and must specify the date upon which construction, modification, or conversion will be completed, if applicable.

(2) Sanitarian approval. The water supply, sewage, and garbage disposal systems must be approved by a sanitarian registered with the Environmental Health Registration Board (see OAR 338-010-0025 to 338-010-0038).

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0531

Environmental Health

A residential care agency must meet all of the following requirements:

(1) The program of the residential care agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0120, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0536

Food Services

A residential care agency must meet all of the following requirements with regard to food services:

(1) Nutrition and dietary requirements.

(a) A residential care agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation.

(b) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child in care at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the record of the residential care agency for at least six months.

(c) Drinking water must be freely available to the children in care served by the residential care agency.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the residential care agency must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handlers card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a residential care agency must be obtained from commercial suppliers, except:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the residential care agency may be served.

(B) The serving of un-pasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially-filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the residential care agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0150, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0541

Safety

A residential care agency must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The residential care agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The residential care agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The residential care agency must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the residential care agency must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The residential care agency must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The residential care agency must protect children in care from guns, drugs, plastic bags, sharps, paint, hazardous materials, bio hazardous materials, and other potentially harmful materials. A residential care agency must have a written policy that addresses potentially harmful materials that are in the building accessible to the children in care in the program or on the grounds of the program.

(b) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in all buildings serving children in care. Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature.

(c) Each light fixture must have a protective cover unless it is designed to be used without one.

(5) Transportation. The residential care agency must ensure the following when providing transportation to children in care:

(a) Driver requirements.

(A) Each employee transporting a child in care in a motor vehicle must have a current driver license on record with the residential care agency.

(B) The residential care agency may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the residential care agency.

(C) The residential care agency must ensure that employees providing transportation are trained in emergency procedures, including behavior management, while in a vehicle.

(D) The residential care agency must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting children in care.

(b) Vehicle requirements.

(A) Each vehicle used to transport a child in care served by the residential care agency must be covered by an insurance policy in full force and effect.

(B) Each vehicle used to transport a child in care served by the residential care agency must be maintained in safe operating condition.

(C) Each vehicle used to transport a child in care must have aboard a first aid kit, a fully charged and working fire extinguisher with a rating of at least 2-A:10-BC, and a copy of the medical insurance card of each child in care being transported.

(D) Each vehicle used to transport a child in care must be smoke-free.

(E) Children in care and adults must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0110, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0546

Health Services

(1) A residential care agency must obtain all private health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical history. Within 30 days of a child in care being placed with a residential care agency, the residential care agency must obtain available medical history and other health-related information on the child in care, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health;

(e) Documentation that the child in care has received age-appropriate instruction regarding pregnancy prevention, nutrition, prevention of HIV and AIDS, and general information about the prevention and treatment of sexually transmitted disease; and

(f) Physician or qualified medical professional's orders, including those related to medications, if any.

(3) Health services. The foster care agency must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health and birth control.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast and other common cancers.

(g) Provide all necessary feminine hygiene products.

(h) Access to birth control, vaccinations, and information about preventing sexually transmitted diseases.

(4) Medical examinations. A residential care agency must safeguard the health of each child in care it serves by providing for a medical examination by a physician or qualified medical professional at the following intervals:

(a) Three examinations during the first year of the child's life.

(b) One examination at the age of two.

(c) One examination at the age of four.

(d) One examination at the age of six.

(e) One examination at the age of nine.

(f) One examination at the age of 14.

(5) A residential care agency must have established protocols for accessing routine and urgent care for the children in care with the residential care agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0160, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0551

Medication

A residential care agency must meet all of the following requirements:

(1) Policy and procedures. The residential care agency must have policies and procedures that cover all prescription and non-prescription medications that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the residential care agency who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing and includes the use of any herbal remedies or supplements.

(2) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule, "self-administration of medication" refers to the act of a child in care placing a medication internally in, or externally on, his or her own body.

(3) A written approval, signed by a physician or qualified medical professional, is required for any use of herbal supplements or remedies.

(4) A written order, signed by a physician or qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(5) Before a residential care agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the qualified medical professional, approved in writing by a physician or qualified medical professional, and closely monitored by the staff of the residential care agency.

(6) Medication storage.

(a) Prescription medications that are unused and medications that are outdated or recalled may not be maintained in the facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in a manner that they are inaccessible to children in care.

(d) Medications requiring refrigeration must be refrigerated and secured.

(e) Medications must be maintained and stored in its original container, including the prescription label.

(7) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(8) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(9) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that are administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any possible adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

(10) Where applicable, the residential care agency must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0554

Extracurricular, Enrichment, Cultural, and Social Activities

The residential care agency must:

(1) Support the child in care in his or her interests to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities.

(2) Ensure the child in care has ongoing opportunities to participate in at least one age-appropriate or developmentally appropriate activity.

(3) Apply the reasonable and prudent parent standard when determining whether to allow a child in care in substitute care to participate in extracurricular, enrichment, cultural, and social activities.

(4) Designate at least one on-site employee authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities with respect to any child in care at the residential care agency. When applying the reasonable and prudent parent standard, the designated employee must consider:

(a) The age, maturity, and developmental level of a child in care.

(b) The nature and inherent risks of harm.

(c) The best interest of the child in care based on information known by the designated employee.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0556

Staff Training

In addition to the orientation requirements in OAR 413-215-0061(4), a residential care agency must meet all of the following training requirements with respect to its staff:

(1) Staff of the residential care agency must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control.

(b) If restraint and seclusion are utilized by the residential care agency, which techniques are approved by the residential care agency and how use of these procedures is monitored. The policy of the residential care agency must be clear in training that restraint or seclusion is used as an intervention of last resort.

(2) Staff of the residential care agency must receive ongoing training at least annually on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(3) Staff providing direct care of children in care of the residential care agency must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

(4) Designated staff authorized to apply the reasonable and prudent parent standard must receive training related to the application of the reasonable and prudent parent standard and age-appropriate or developmentally appropriate activities for a child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0561

Minimum Staffing Requirements

A residential care agency must meet all of the following requirements:

(1) Minimum staffing patterns. The residential care agency must establish staff-to-child ratios that will provide adequate supervision and protection for children in care. The ratios must be adequate for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios are as follows:

(a) For children in care who are under 30 months of age — one direct care staff for each four children in care.

(b) For children in care who are 30 months of age or older and either less than six years of age or non-ambulatory, one direct care staff for each six children in care.

(c) For children in care who are six years of age or older, one direct care staff for each seven children in care.

(2) Overnight staffing requirements.

(a) A residential care agency must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the residential care agency houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements.

(b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 10 children in care.

(3) At least one staff member of each shift must have current certification in cardiopulmonary resuscitation and first aid.

(4) Additional staffing requirements for emergency response.

(a) When there is only one staff of the residential care agency on duty in the facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. The names of additional staff who are available for immediate response must be listed on the schedule for each time period when only one staff person is on duty in the facility.

(b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more residents are present on the residential facility premises.

(5) Staffing requirements for reasonable and prudent parent standard. There must be at least one on-site employee designated to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities with respect to any child in care placed at the residential care agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0080, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0566

Separation of Residents

A residential care agency must meet all of the following requirements:

(1) Combining children and adults. Special care must be taken by a residential care agency to provide adequate supervision of children in care when adults are being served by the residential care agency. Children in care over 18 years must be housed in separate bedrooms from children in care under 18 years, except that a child in care and the children in care's parent may be housed in the same room if the children in care is the child's caretaker. If a children in care is 18 years of age or older, and is to share a bedroom with a children in care under 18 years of age, the residential care agency must obtain written approval from the Department licensing coordinator.

(2) Co-ed facilities. Special care must be taken by a residential care agency to provide adequate supervision when the program serves both males and females concurrently. Children's bedrooms for males must be separated from bedrooms for females.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0090, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0571

Referral and Initial Evaluation of Children

(1) Referral. A residential care agency must have a policy that addresses the process by which children in care are referred to the residential care agency. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children are accepted by the residential care agency.

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

(2) Initial evaluation of a child. A residential care agency must evaluate each child in care referred to the residential care agency. In conducting the evaluation, the residential care agency must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and behavioral health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

(3) A residential care agency must be prepared to provide to a parent or legal guardian of a referred child in care suggestions for obtaining resources in the event the child in care is not accepted by the residential care agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0170, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0576

Consents, Disclosures, and Authorizations

(1) Consents. For each child in care in placement with a residential care agency, the residential care agency must ensure that a parent or legal guardian signs a consent that authorizes the residential care agency to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the residential care agency is not required to use medical, psychological or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The residential care agency must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To use the discipline and behavior management system of the residential care agency.

(c) To use restraint or seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the residential care agency and how the employees of the residential care agency are trained and supervised in the use of restraint or seclusion.

(d) To restrict the child's contact with persons outside the residential care agency, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 413-215-0091(11).

(e) To impose a dress code.

(f) To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities including extracurricular, enrichment, cultural, and social activities.

(2) Disclosures to parent or legal guardian. At the time a residential care agency takes a child in care into placement, the residential care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal or room 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 residential care agency for any program-initiated room or body search.

(b) A statement concerning the rights of children in care and parents or legal guardians served by the residential care agency as provided in OAR 413-215-0046. The statement must be written in a manner that is easy to understand, and the residential care agency must ensure that the child and the parent or legal guardian understand the statement.

(c) The residential care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(3) Authorizations.

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

(b) All child-specific visitors must be approved or authorized by the parent or legal guardian, except CASAs and attorneys appointed to represent the child in care.

(c) Visitation resources must be pre-approved by the child's parent or legal guardian and the identity of these resources verified by the residential care agency in care.

(d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the child in care's parent or legal guardian.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0581

Information About Children in Care

(1) Case files of children in care. For each child in care a residential care agency accepts for placement, the residential care agency must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care.

(b) The name and location of the child in care's previous school.

(c) The date of admission to the program.

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The child in care's parents.

(B) The child in care's legal guardian, if different than parents, and documentation of his or her legal relationship to the child in care.

(C) Other family members or other persons identified by the family as significant to the child in care.

(D) Other professionals to be involved in service planning, if applicable.

(2) Service planning.

(a) All documentation, including but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A residential care agency must complete a written intake document containing screening information on the date the residential care agency accepts a child in care for placement except in the case of an emergency placement, when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the residential care agency and by, whenever possible, the child in care, the child's family, and other professionals involved with the child in care or family. This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 30 days of placement. This assessment must include relevant historical information, current behavioral observations, any identified needs for services, and a description of how the residential care agency will provide or coordinate services.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan must be developed by staff of the residential care agency in conjunction with the child in care and his or her parents or legal guardians, and any other persons who are actively involved with the family, as appropriate.

(B) The service plan must reflect how the residential care agency will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by the residential care agency at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The residential care agency must document services provided, and track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The residential care agency must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for children in care must be a participatory decision-making process between the child in care, staff of the residential care agency, the parents or legal guardian, and significant others. As used in this rule, "significant others" mean relatives, friends, or interested members of the community.

(d) Discharge instructions. The residential care agency must provide the child in care and the child in care's guardian with discharge instructions on or before the discharge date, including current medications, name of the physician or qualified medical professional who prescribed each medication, any outstanding medical or other appointments, and other follow-up instructions as needed.

(e) Follow-up services. The residential care agency must identify any transitional or aftercare services or service coordination that will be offered by the program.

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child's record.

(4) Financial records. A residential care agency must keep a separate written record for each child itemizing all money received or disbursed on behalf of the child in care. The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child in care of all personal possessions belonging to the child in care. The record must be updated as needed.

(6) The residential care agency will ensure, in policy and practice, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care at the time of discharge.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 106
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-120-0180, CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0586

Notification to Public Schools

(1) This rule applies if a residential care agency intends any of the actions:

(a) To establish or expand a residential program for children.

(b) To change the type of educational services provided.

(c) To change the population of children to be served by an existing program.

(2) Prior to an action covered by section (1) of this rule, a residential care agency must notify the superintendent or school board of the local school district, in writing, three months prior to making the intended change in order for the school district to make a determination of the effect of different, or additional, services upon the facilities and programs of the district.

(3) A residential care agency must send written proof of compliance with ORS 336.575 to the Department licensing coordinator.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 336.575, 418.205 - 418.327, OL 2016, ch 106
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Therapeutic Boarding Schools

413-215-0601

Therapeutic Boarding Schools; What Law Applies

These rules, OAR 413-215-0601 to 413-215-0681 regulate a child-caring agency licensed as a therapeutic boarding school. A therapeutic boarding school must also comply with OAR 413-215-0001 to 413-215-0131.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0606

Definitions

The following definitions apply to OAR 413-215-0601 to 413-215-0681:

(1) "Boarding" means care or treatment services provided on a 24 hour per day basis to children.

(2) "Care" means services provided to meet the needs of a child, such as food, shelter, clothing, medical care, schooling, protection, and supervision.

(3) "Child" means an individual under 18 years of age.

(4) "Employee" means an individual holding a paid position with a therapeutic boarding school.

(5) "Facility" means the physical setting, property, structures, or equipment of a therapeutic boarding school.

(6) "Family" means related members of a household, among whom at least one adult functions as a parent to one or more minor children.

(7) "Medication" means any drug, chemical, compound, suspension, or preparation in suitable form for use as a curative or remedial substance either internally or externally by any person.

(8) "Staff" means employees of the therapeutic boarding school who are responsible for providing direct care or treatment to students.

(9) "Student" means a residential client of a therapeutic boarding school.

(10) "Therapeutic boarding school" means an organization or a program in an organization that:

(a) Is primarily a school and not a residential care agency (defined in OAR 413-215-0506);

(b) Provides educational services and care to children for 24 hours a day; and

(c) Holds itself out as serving children with emotional or behavioral problems, providing therapeutic services, or assuring that children receive therapeutic services.

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0611

Educational Services

The educational services of a therapeutic boarding school must comply with all of the following requirements:

(1) The therapeutic boarding school must comply with the minimum requirements for private education institutions as determined by the Oregon Department of Education.

(2) Education services must include at least one qualified teacher for every fifteen children in care.

(3) The therapeutic boarding school must ensure that it has a curriculum that considers the goals of modern education as defined in OAR 581-022-1020 and the requirements of a sound, comprehensive curriculum.

(4) Secondary schools must verify that they have academic standards necessary for children in care to obtain admission to community colleges and institutions of higher education and receive a high school diploma or GED.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0616

Physical Plant Requirements

A therapeutic boarding school must meet all of the following requirements:

(1) All buildings owned, maintained, or operated by the therapeutic boarding school to provide services to children in care must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(2) All areas of any buildings where children in care receive services must be kept clean and in good repair. Major Appliances and heating, ventilation, plumbing and electrical systems must be functional and in good repair.

(3) Each room used by children in care must have floors, walls, and ceilings that meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(4) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(5) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility.

(6) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (see OAR chapter 333) from the Public Health Division of the Oregon Health Authority.

(7) Heat and ventilation.

(a) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(b) Room temperature must be maintained within a normal comfort range.

(8) Individual rooms.

(a) Living area. A separate living room or lounge area must be available for the exclusive use of children in care, employees, and invited guests.

(b) Bedrooms. Bedrooms for children in care may not be exposed to drafts, odors, or noises that interfere with the health or safety of the occupants. Each bedroom must comply with all of the following requirements:

(A) Be separate from the rooms used for dining, living, multi-purpose, laundry, kitchen, or storage.

(B) Be an outside room, with a window of at least the minimum size required by the State Fire Marshal and building codes;

(C) Have a ceiling height of at least 90 inches.

(D) Have a minimum of 60 square feet per bed.

(E) House no more than 25 children in care in one room when a dormitory-style sleeping arrangement is used.

(F) Have permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(G) Have a window covering on each window to ensure privacy.

(H) Contain beds for children in care that meet both of the following requirements:

(i) There must be at least three feet between beds, including trundle beds if used; and

(ii) Bunk beds, if used, must be maintained to ensure safety of the children in care.

(c) Restrooms must be provided and be conveniently located, and must have:

(A) A minimum of one toilet for every eight children in care.

(B) One hand-washing sink with mixing faucets for each toilet. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) Hot and cold running water, soap, and paper towels at each hand washing sink or other hand drying options approved by an environmental health specialist.

(D) Arrangements for individual privacy for users.

(E) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(F) A window covering on each window to ensure privacy.

(G) Adequate ventilation.

(H) Each self-closing metered faucet, if provided, must provide water flow for at least 15 seconds without the need to reactivate the faucet.

(d) Laundry facilities must be separate from:

(A) Kitchen and dining areas;

(B) Living areas, including bedrooms for children in care; and

(C) Areas used for the storage of un-refrigerated perishable food.

(e) Storage areas must be provided appropriate to the size of the facility. Separate storage areas must be provided for:

(A) Food, kitchen supplies, and utensils.

(B) Clean linens.

(C) Soiled linens and clothing.

(D) Cleaning compounds equipment.

(E) Poisons, chemicals, pest control products, insecticides, and other toxic materials, which must be properly labeled, stored in the original container, and kept in a locked storage area.

(F) Outdoor recreational and maintenance equipment.

(f) Food service areas.

(A) Kitchens must have facilities for dish washing, storage, and preparation of food.

(B) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or in which utensils are washed or stored must be smooth, washable, and easily cleanable.

(C) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and non-absorbent and must be maintained in a clean and sanitary condition.

(D) All equipment used for food preparation must be installed and maintained in a manner providing ease of cleaning beneath, around, and behind each unit.

(g) Dining area. A separate dining room or area must be provided for the exclusive use of children in care, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the children in care at one time and must contain a minimum of 15 square feet per child in care.

(h) Classrooms and school buildings must be adequate in size and arrangement for the programs offered.

(i) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light, and ventilation and must not be capable of locking.

(j) Activity area. A usable recreational activity area must be provided that is:

(A) Protected from motor traffic and other hazards; and

(B) Of a size and availability appropriate to the age and the needs of the children in care served by the therapeutic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0621

Student Furnishings and Personal Items

A therapeutic boarding school must meet all of the following requirements:

(1) Furniture. Adequate furnishings must be provided for each child in care including, but not limited to:

(a) A bed, including a frame;

(b) A clean, comfortable mattress; and a pillow; and

(c) A private dresser, closet, or similar storage area for personal belongings that is readily accessible to the child in care.

(2) Linens. Linens in good repair must be provided or arranged for each child in care, including:

(a) A waterproof mattress cover or waterproof mattress;

(b) Sheets and pillowcase;

(c) Blankets appropriate in number and type for the season and the comfort of the individual child in care; and

(d) Towels and washcloths.

(3) Bedding must be changed when soiled and upon change of occupant.

(4) Personal hygiene supplies. Individual personal hygiene supplies that are appropriate to the child in care's age, gender, and culture must be provided or arranged for each child in care, and must include:

(a) A comb;

(b) Shampoo, or other hair cleansing product;

(c) A toothbrush;

(d) Soap;

(e) Deodorant;

(f) Toothpaste;

(g) Toilet paper;

(h) Menstrual supplies, if appropriate; and

(i) Other supplies that are appropriate to the age, gender, and cultural needs of the child in care.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided or arranged for each child in care for the exclusive use of the child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0626

New Facility or Remodel

A therapeutic boarding school must meet all of the following requirements:

(1) A set of plans and specifications for each boarding facility operated by the therapeutic boarding school must be submitted to the Department and to the State Fire Marshal for approval:

(a) Prior to construction of a new building;

(b) Prior to construction of an addition to an existing building;

(c) Prior to the remodeling, modification, or conversion of a building; and

(d) In support of an application for initial license of a therapeutic boarding school under OAR 413-215-0001 to 413-215-0131 and OAR 413-215-0601 to 413-215-0681.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes.

(3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0631

Environmental Health

A therapeutic boarding school must meet all of the following requirements:

(1) The program of the therapeutic boarding school must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0636

Food Services

A therapeutic boarding school must meet all of the following requirements related to food services:

(1) Nutrition and dietary requirements.

(a) A therapeutic boarding school must arrange meals daily, consistent with normal mealtimes.

(b) Snacks must be available and provided as appropriate to the age and activity levels of children in care.

(c) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each student at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the therapeutic boarding school record for at least six months.

(d) Drinking water must be freely available to the children in care served by the therapeutic boarding school.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the therapeutic boarding school must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a therapeutic boarding school must be obtained from commercial suppliers, except that:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the therapeutic boarding school may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or the Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the therapeutic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0641

Safety

A therapeutic boarding school must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The therapeutic boarding school must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The therapeutic boarding school must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The therapeutic boarding school must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the therapeutic boarding school must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The therapeutic boarding school must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The therapeutic boarding school must protect children in care it serves from guns, drugs, plastics bags, sharps, paint, hazardous materials, bio-hazardous materials, and other potentially harmful materials. A therapeutic boarding school must have a written policy that addresses potentially harmful materials that are in the building accessible to the children in care in the program or on the grounds of the program.

(b) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in all buildings serving children in care. Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature.

(c) Each light fixture must have a protective cover unless it is designed to be used without one.

(5) Transportation. The therapeutic boarding school must ensure the following when providing transportation to children in care:

(a) Driver requirements.

(A) Each employee transporting a child in care in a motor vehicle must have a current driver license on record with the therapeutic boarding school.

(B) The therapeutic boarding school may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the therapeutic boarding school.

(C) The therapeutic boarding school must ensure that employees providing transportation are trained in emergency procedures, including behavior management, while in a vehicle.

(D) The therapeutic boarding school must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting students.

(E) Children in care and adults must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads.

(b) Vehicle requirements.

(A) Each vehicle used to transport a child in care served by the therapeutic boarding school must be covered by an insurance policy in full force and effect.

(B) Each vehicle used to transport a child in care served by the therapeutic boarding school must be maintained in safe operating condition.

(C) Each vehicle used to transport a child in care must have aboard a first aid kit, a fully charged and working fire extinguisher with a rating of at least 2-A:10-BC, and a copy of the medical insurance card of each student being transported.

(D) Each vehicle used to transport a child in care must be smoke-free.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 106
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 106
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0646

Health Services

(1) A therapeutic boarding school must obtain all personal health record information referred to in this rule in a manner that complies with federal and state law.

(2) Medical history. Within 30 days of a child in care starting with a therapeutic boarding school, the therapeutic boarding school must obtain available medical history and other health-related information on the student, including:

(a) Significant findings of the most current physical examination;

(b) The child in care's current immunizations, history of surgical procedures and significant health issues or injuries, and past or present communicable diseases, within ORS 192.518 to 192.526;

(c) Any known allergies;

(d) Dental, vision, hearing, and behavioral health; and

(e) Physician or qualified medical professional's orders, including those related to medication, if any.

(3) A therapeutic boarding school must have established protocols for accessing routine and urgent care for the children in care with the therapeutic boarding school.

(4) Health services. The therapeutic boarding school must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health and birth control.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast and other common cancers.

(g) Provide all necessary feminine hygiene products.

(h) Access to birth control, vaccinations and information about preventing sexually transmitted diseases.

(5) A therapeutic boarding school must follow through with medical treatment requirements, adhere to treatment regimens related to a medical condition, and follow-up appointments and must provide transportation and access to health care providers for each child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0651

Medication

A therapeutic boarding school must meet all of the following requirements:

(1) Policy and procedures. The therapeutic boarding school must have policies and procedures that cover all prescription and non-prescription medication that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the therapeutic boarding school who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that the prescription and non-prescription medications of each child in care is reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing and includes the use of any herbal remedies or supplements.

(2) A prescription, signed by a physician or qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medication prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule, "self administration of medication" refers to the act of a child in care placing a medication internally in, or externally on, his or her own body.

(3) A written approval, signed by a physician or qualified medical professional, is required for any use of herbal supplements or remedies.

(4) A written order, signed by a physician or qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(5) Medication storage.

(a) A prescription medication that is unused and any medication that is outdated or recalled may not be maintained in a facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications stored in the facility must be kept in locked storage and in a manner that makes them inaccessible to child in care.

(d) A medication requiring refrigeration must be refrigerated and secured.

(e) Each medication must be maintained and stored in its original container, including the prescription label.

(6) Medication disposal. Medication must be disposed of in a manner that ensures that it cannot be retrieved, in accordance with all applicable state and federal law.

(7) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(8) Medication records. A written record must be kept for each child in care listing each medication, both prescription and over-the-counter, that is administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of the person administering the medication.

(h) Any adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility to be administered during a home visit or other activity.

(9) Where applicable, the therapeutic boarding school must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0656

Staff Training

In addition to the orientation requirements in OAR 413-215-0061(4), a therapeutic boarding school must meet all of the following training requirements with respect to its staff:

(1) Staff of the therapeutic boarding school must be provided with orientation training prior to or within 30 days of hire. The orientation must include training on all of the following:

(a) Discipline and behavior management protocols including de-escalation skills training, crisis prevention skills, positive behavior management, and disciplinary techniques that are non-punitive in nature and are focused on helping children in care build positive personal relationships and self-control.

(b) If restraint and seclusion are utilized by the therapeutic boarding school, approved techniques and monitoring. The training must be clear that the policy of the therapeutic boarding school is that restraint or seclusion is used as an intervention of last resort.

(2) Staff of the therapeutic boarding school must receive ongoing training on all of the following:

(a) Procedures for handling environmental emergencies.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Behavior management.

(3) At all times, at least one of the staff of the therapeutic boarding school working with children in care must have received training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0661

Minimum Staffing Requirements

A therapeutic boarding school must meet all of the following requirements:

(1) Minimum staffing patterns. The therapeutic boarding school must establish ratios of staff to children in care that will provide adequate supervision, safety and protection for children in care. The ratios must be adequate to protect child safety and wellbeing for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios outside normal sleeping hours are one direct care staff for each 10 children in care.

(2) Overnight staffing requirements.

(a) A therapeutic boarding school must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the therapeutic boarding school houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements.

(b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 14 children in care.

(3) Additional staffing requirements for emergency response.

(a) When there is only one employee of the therapeutic boarding school on duty in a facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes. The names of additional staff who are available for immediate response must be listed on the schedule for each time period when only one staff person is on duty in a facility.

(b) One employee who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0666

Separation of Children in Care

A therapeutic boarding school must meet all of the following requirements:

(1) Combining children and adults. Special care must be taken by a therapeutic boarding school to provide adequate supervision of children in care when adults are being served by the therapeutic boarding school. Children in care over and under 18 years of age must be housed in separate bedrooms, except that a child in care who is a parent may be housed in the same room if the child in care is the minor child’s caretaker. If a child in care is 18 years of age or older, and is to share a bedroom with a child in care under 18 years of age, the therapeutic boarding school must obtain written approval from the Department licensing coordinator.

(2) Co-ed facilities. Special care must be taken by a therapeutic boarding school to provide adequate supervision when the program serves both males and females concurrently. Bedrooms for children in care for males must be separated from bedrooms for children in care for females.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0671

Referral and Initial Evaluation of Children in Care

(1) Referral. A therapeutic boarding school must have and follow a policy that addresses the process by which children in care are referred to the therapeutic boarding school. The policy must include all of the following:

(a) From whom referrals are accepted.

(b) On what basis children in care are accepted by the therapeutic boarding school.

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

(2) Initial evaluation of a student. A therapeutic boarding school must evaluate each prospective child in care referred to the therapeutic boarding school. In conducting the evaluation, the therapeutic boarding school must:

(a) Request and review all available reports of the child in care's past and present behavior, educational status, and physical and mental health.

(b) Make a preliminary determination whether the prospective child in care has disorders, disabilities, or deficits due to mental, emotional, behavioral, or physical problems for which care, supervision, training, rehabilitation, or treatment is needed to reduce a problem, maintain present level of functioning, or clarify the ongoing placement or service needs of the child in care.

(c) Arrange for ongoing therapeutic services appropriate for the child in care's specific needs and provide regular reports to the parents or legal guardians regarding the child in care's progress.

(3) A therapeutic boarding school must be prepared to provide to a parent or legal guardian of a referred student suggestions for obtaining resources in the event the child in care is not accepted by the therapeutic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0676

Consents, Disclosures, and Authorizations

(1) Consents. For each child in care in placement with a therapeutic boarding school, the therapeutic boarding school must ensure that a parent or legal guardian signs a consent that authorizes the therapeutic boarding school, if applicable, to undertake each of the following:

(a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the therapeutic boarding school is not required to use medical, psychological, or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The therapeutic boarding school must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.

(b) To use the discipline and behavior management system of the therapeutic boarding school.

(c) To use restraint or seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the therapeutic boarding school and how the employees of the therapeutic boarding school are trained and supervised in the use of restraint or seclusion.

(d) To restrict the student's contact with persons outside the therapeutic boarding school, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 413-215-0091(11).

(e) To impose a dress code.

(f) To restrict the child in care's participation in recreational or leisure activities in an appropriate manner, consistent with behavior or safety issues.

(2) Disclosures to parent or legal guardian. At the time a therapeutic boarding school takes a child in care into placement, the therapeutic boarding school must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following:

(a) Information regarding any personal or room 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 therapeutic boarding school for any program-initiated room or body search.

(b) A statement concerning the rights of children in care and parents or legal guardians served by the therapeutic boarding school as provided in OAR 413-215-0046. The statement must be written in a manner that is easy to understand, and the therapeutic boarding school must ensure that the child in care and the parent or legal guardian understand the statement.

(c) The grievance policies and procedures of the therapeutic boarding school.

(d) The therapeutic boarding school will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.

(3) Authorizations.

(a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need to know basis.

(b) All visitors for the child in care must be approved or authorized by a parent or legal guardian.

(c) Visitation resources must be pre-approved by the child in care's parent or legal guardian and the identity of these resources verified by the agency.

(d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children in care to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.

(e) All other required authorizations must be pre-approved by the child in care's parent or legal guardian.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0681

Information about Children in Care with the Therapeutic Boarding School

(1) Case files of children in care. For each child in care a therapeutic boarding school accepts for placement, the therapeutic boarding school must maintain an individual record that includes a summary sheet containing all of the following information:

(a) The name, gender, date of birth, religious preference, and previous address of the child in care.

(b) The name and location of the child in care's previous school.

(c) The date of admission to the program.

(d) The status of the child in care's legal custody, including the name of each person responsible for consents and authorizations.

(e) The name, address, and telephone number of:

(A) The child in care's parents.

(B) The child in care's legal guardian, if different than parents, and his or her legal relationship to the child in care.

(C) Other family members or other persons identified by the family as significant to the child in care.

(D) Other professionals to be involved in service planning, if applicable.

(2) Service planning.

(a) All documentation, including but not limited to service plans, daily notes, assessments, progress reports, medication records, and incident reports, must be written in terms that are easily understood by all persons involved in service planning.

(b) Intake documentation. A therapeutic boarding school must complete a written intake document containing screening information on the date the therapeutic boarding school accepts a child in care, except in the case of an emergency placement when the intake document must be completed within 48 hours of admission.

(c) Each child in care must be served according to an individual written service plan developed by staff of the therapeutic boarding school and including, whenever possible, the child in care, the child in care's family, and other professionals involved with the child in care or family. This document must outline goals for services and care coordination.

(d) Assessment. A comprehensive assessment must be completed within the first 30 days of placement. This assessment must include relevant historical information, current behavioral observations, any identified needs for services, and a description of how the therapeutic boarding school will provide or coordinate services.

(e) Service plan and review.

(A) Within 60 days of placement, a formal service plan that meets the identified needs of the child in care must be developed by staff of the therapeutic boarding school in conjunction with the child in care and his or her parents or legal guardians, and any other persons who are actively involved with the family, as appropriate.

(B) The service plan must reflect how the therapeutic boarding school will address the child in care's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child in care and the legal guardian or parent, unless contraindicated.

(C) The service plan must be reviewed by the therapeutic boarding school at least quarterly.

(D) Service plans must be revised at any time additional information becomes available indicating that other services should be provided.

(3) Case management.

(a) The therapeutic boarding school must document services provided, as necessary, to track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The therapeutic boarding school must identify how a child in care's progress will be evaluated, and how the determination is made of readiness for discharge or unsuitability for continued stay.

(c) Discharge planning. Discharge planning for children in care must be a participatory decision-making process between the child in care, therapeutic boarding school staff, the parent or legal guardian, and significant others. As used in this rule, "significant others" mean relatives, friends, or interested members of the community.

(d) Discharge instructions. The therapeutic boarding school must provide the child in care and the child in care's guardian with discharge instructions on or before the discharge date, including current medications, name of the doctor who prescribed each medication, any outstanding medical or other appointments, and other follow-up instructions as needed. The therapeutic boarding school must obtain a forwarding address for any discharge instructions received by the therapeutic boarding school after discharge of the child in care.

(e) Follow-up services. The therapeutic boarding school must identify any transitional or aftercare services or service coordination that will be offered by the program.

(f) Incident reporting. A written description of any injury, accident, or unusual incident involving a child in care must be placed in the individual child in care's record.

(4) Financial records. A therapeutic boarding school must keep a written record for each child in care, itemizing all money received or disbursed on behalf of the child in care. The record must include all of the following:

(a) The date of each receipt and disbursement and the amount of each.

(b) The source of income.

(c) The purpose of each disbursement.

(d) The signature of the person making each entry.

(e) The signature of the child in care for each entry.

(5) The therapeutic boarding school will ensure, in policy, that:

(a) Disallowable items are either stored, or returned to the parent or legal guardian; and

(b) All money and personal belongings are returned to the child in care at the time of discharge.

Stat. Auth.: ORS 409.050, 418.005, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 409.010, 418.005, 418.327, OL 2016, ch 10
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Homeless, Runaway, and Transitional Living Shelters

413-215-0701

Homeless, Runaway, and Transitional Living Shelters, What Law Applies

(1) These rules, OAR 413-215-0701 to 413-215-0766, regulate a child-caring agency that provides residential services for homeless or runaway youth, pregnant or parenting girls, or other youth working towards independent living.

(2) A child-caring agency that provides residential services for homeless or runaway youth pregnant or parenting girls, or other youth working towards independent living must also comply with OAR 413-215-0001 to 413-215-0131.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0706

Definitions

As used in OAR 413-215-0701 to 413-215-0766:

(1) "Agency" means a private child-caring agency (defined in OAR 413-215-0006) that operates a shelter, mass shelter, or transitional living program for homeless or runaway youth, for pregnant or parenting girls, or for other youth under the age of 18 working towards independent living.

(2) "Department" means the Department of Human Services.

(3) "Homeless or runaway youth" means a youth who has not been emancipated by the juvenile court; lacks a fixed, regular, safe, and stable nighttime residence; and cannot immediately be reunited with his or her family.

(4) "Individual service plan" means a plan of services to be provided to a youth, based on the identified needs of the youth, designed to help the youth reach mutually agreed upon goals.

(5) "Mass shelter" means a structure that contains one or more open sleeping areas in which, on a daily basis, only emergency services are provided to homeless or runaway youth, such as a meal and a safe place to sleep overnight.

(6) "Shelter" means a facility operated by a private child-caring agency that provides services for a limited duration to homeless or runaway youth.

(7) "Transitional living program" means a set of services offered by a private child-caring agency that provides supervision and comprehensive services for up to 18 months to assist homeless or runaway youth to make a successful transition to independent and self-sufficient living.

(8) "Youth" means an unmarried person under the age of 18.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0711

Governance of the Agency

In addition to the governing board requirements in OAR 413-215-0021:

(1) A child-caring agency must be directed by a governing board composed of a representative cross-section of the community, including children in care, parents, and employees of the agency.

(2) A child-caring agency must provide training to the governing board designed to orient the members to the goals, objectives, and activities of the agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0716

Client Rights

(1) A child-caring agency must ensure that children in care are actively involved in the design, delivery, and ongoing planning of the services provided by the program.

(2) A child-caring agency must ensure that nutritional needs are met as appropriate for each child in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0721

Staffing Requirements

(1) A child-caring agency must have and follow written policies regarding minimum staffing requirements, including a written staffing plan that indicates the number of paid and volunteer staff in each job category.

(2) During each shift, there must be at least one staff member who has been trained in a non-violent crisis intervention strategy. A volunteer or intern may be used to meet this requirement only if the volunteer or intern has met the training requirements for staff in OAR 413-215-0736.

(3) A child-caring agency must have a ratio of staff to children in care that is sufficient to ensure that youth receive adequate supervision and services.

Stat. Auth.: ORS 409.050, 418.005, 418.240 OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310 OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0726

Staff Development and Training

A child-caring agency must follow all of the following requirements:

(1) Initial training. Before being alone with a child in care or being temporarily the only staff in charge of one or more children in care, a staff member must receive the following training or acquire the following knowledge or understanding, as verified by the executive director or the executive director's designee:

(a) Successful completion of the agency's orientation.

(b) Effective understanding of the supervision structure at the shelters of the agency, including the appropriate staff to contact when questions or problems arise.

(c) Effective understanding and knowledge of and compliance with the behavior management policies of the agency.

(d) Recognition and management of the presenting issues of the children in care served, including mental health, behavioral, and substance abuse issues.

(e) Instruction in safety procedures and safe use of equipment.

(f) Sanitation procedures.

(g) First aid kit contents and use.

(h) Report writing, including documentation of medication dispensing and critical incident reports.

(i) Certification to provide cardiopulmonary resuscitation (CPR) and first aid.

(j) Completion of training in crisis intervention.

(2) Ongoing training. A child-caring agency must provide ongoing training for all paid and volunteer staff to increase knowledge, skills, and abilities in each of the following subject areas:

(a) Confidentiality requirements.

(b) Universal precautions (infection control guidelines designed to protect workers from exposure to diseases spread by blood and certain body fluids) and hygiene.

(c) Discipline and behavior management.

(3) Staff must receive training in cardiopulmonary resuscitation and first aid sufficient to retain a current certification.

(4) Staff working with food must possess a food handler's card.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0731

Admissions and Assessments

A child-caring agency must follow all of the following requirements, except with respect to a mass shelter:

(1) The child-caring agency must provide services to children in care according to written policies that list the specific criteria under which children in care are accepted for placement.

(2) Assessment. To determine the appropriateness of each child in care who has applied for services provided by the agency, the agency must make reasonable efforts to gather all of the following basic background information:

(a) Family history.

(b) Health history, including a history of substance abuse as well as current use of prescription and over-the-counter medication.

(c) Mental health history, including diagnoses, a description of behavior problems, prior evaluations, and treatment history.

(d) Who has legal custody of the child in care.

(3) Each assessment must include a statement about whether or not the child in care meets the eligibility requirements necessary to be admitted into the program.

(4) Prior to admitting a child in care, the agency must provide the child in care with an explanation of the available services and the requirements for participation.

(5) After a child in care is admitted, the assessment must be the basis for the child in care's service plan.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0736

Service Planning

A child-caring agency must follow all of the following requirements, except with respect to a mass shelter:

(1) The child-caring agency must make services available that will meet the needs of each child in care in the program.

(2) The child-caring agency must serve each child in care according to a service plan based on the assessment.

(a) Whenever possible, the service plan must include the child in care and his or her family, staff, and other involved parties.

(b) The program must provide competent and individualized service planning for each child in care that includes at least a monthly review of the service plan and changes as needed.

(c) The service plan must address, at a minimum, the child in care's physical and medical needs, behavior management issues, mental health treatment needs, education plans, and any other special needs.

(3) The child-caring agency must make reasonable efforts to ensure participation by the child in care's family in all aspects of the service and service planning process whenever possible. To the extent such information is reasonably available to the agency, the staff of the agency must:

(a) Contact a parent or legal guardian of the child in care early in the process, preferably within 24 hours but no later than 72 hours following the child in care's admission into the program.

(b) Make a program orientation available to the child in care's family.

(c) Encourage participation by a parent in the program. If the child in care's parent cannot participate in the program, the agency must encourage participation by those responsible for the child in care's environment prior to admission.

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

(e) When appropriate, the agency must review individual service plans and the child in care's progress with the family at least on a monthly basis.

(4) Directly or through referral, the agency must make available individual, group, and family counseling by a qualified professional.

(5) The child-caring agency must establish and maintain links to community agencies and individuals who can provide required services to children in care or their families that may not be directly available from the program. These services must include:

(a) Alternative living arrangements.

(b) Medical services.

(c) Mental health services.

(d) Educational services.

(e) Independent living services.

(f) Other assistance required by children in care or their families.

(6) Discharge summary. The child-caring agency must prepare a written discharge summary of each child in care served by the program and retain this document in the youth's file. The document must include:

(a) A summary of the child in care's participation in the program and the progress achieved.

(b) Results of evaluations of the child in care.

(c) Condition of the child in care.

(d) The youth's compliance with the program guidelines of the agency.

(e) Recommendations regarding services.

(f) Discharge destination.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0741

Client Files

(1) General requirements. Except with respect to children in care in a mass shelter service plan operated by the child-caring agency, an agency must maintain an individual file on each child in care admitted into the program.

(2) Child in care file requirements. A child-caring agency must have a file on the premises for each child in care currently receiving services from the agency. To the extent such information is reasonably available to the agency, this file must be up to date and include all of the following:

(a) Sufficient information about the child in care's family or legal guardian to enable the staff of the agency to contact them at any time.

(b) Custody status of the child in care.

(c) An authorization for medical treatment.

(d) A signed consent for the agency to treat the child in care with the interventions in use at the program.

(e) A signed acknowledgment that the child in care is responsible for requesting their medication at the prescribed times.

(f) The assessment described in OAR 413-215-0731.

(g) The service plan required by OAR 413-215-0736.

(h) Documentation about the child in care's illnesses and injuries, including the follow up that was provided by the agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0746

Medication Storage and Dispensing

(1) A child-caring agency must have and follow written policies on the storage, dispensing, and disposal of prescription and non prescription medication.

(2) Medication storage. All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to child in care.

(3) Medication dispensing.

(a) Children in care are expected to administer their own medication after they have requested their medication from the program staff at the prescribed times.

(b) Except in a mass shelter, medication, including non-prescription drugs, may not be dispensed unless the medication has been prescribed or authorized by a qualified professional.

(c) Program staff may not dispense medication to a child in care in any of the following situations:

(A) In excess of the prescribed or authorized amount.

(B) For disciplinary purposes.

(C) For the convenience of staff.

(D) As a substitute for appropriate treatment services.

(4) Documentation. Staff designated to dispense medications must document each dispensing. The documentation must include all of the following:

(a) The child in care's name.

(b) The name of the medication.

(c) The date and time the medication was dispensed.

(d) The dosage given.

(e) The name of the staff member who dispensed the medication.

(5) Disposal of unused or abandoned medication. Designated program staff must dispose of all medication abandoned by a child in care or for which the period of potency, as indicated on the label, has passed. Two staff members must be present at and document the disposal of the unused medication, including when and how the medication was disposed.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0751

Health and Hygiene

(1) A child-caring agency must have and follow policies that ensure the prompt and accurate assessment and care of injuries, illness, and physical complaints of children in care.

(2) A child-caring agency must provide children in care with access to a bathroom and a shower.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0756

Grouping

(1) A child-caring agency must have and follow written policies regarding the grouping of children in care.

(2) Except as provided in section (3) of this rule, an agency must place children in care in groups based on the following factors:

(a) Age.

(b) Developmental level.

(c) Physical maturity.

(d) Social maturity.

(e) Behavioral functioning.

(f) Cognitive level.

(g) Medical concerns.

(h) Individual needs.

(3) A child in care with a diagnosed disability may be served in the most integrated setting appropriate to the needs of the child in care within the context of the program. For purposes of this section:

(a) The child in care who can meet the essential eligibility requirements for a group with or without reasonable modification of rules, policies or procedures, or the provision of auxiliary aids and services may be served.

(b) "Integrated Setting" means a setting that enables children in care with disabilities to interact with non-disabled persons to the fullest extent possible.

(4) Placement with adults. A child-caring agency may place children in care in the same group as emancipated children in care or adults only after taking special care to assess and minimize the risk to the children in care.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0761

Safety

A child-caring agency must meet all of the following requirements related to safety:

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The child-caring agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The child-caring agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The child-caring agency must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Transporting youth. If a child-caring agency uses a vehicle to transport a child in care participating in a program, the child-caring agency must ensure that all of the following requirements are met:

(a) The vehicle is:

(A) Properly registered.

(B) Covered by insurance for personal injury and liability.

(C) Maintained in a safe condition.

(D) Equipped with a first aid kit.

(E) Equipped with a fully charged fire extinguisher that is properly secured and not readily available to children in care.

(b) Each driver must have an Oregon driver license valid for the vehicle used and must comply with all applicable traffic laws while transporting children in care.

(c) Each person in the vehicle rides in a permanent seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads.

(d) The child-caring agency must ensure that each person who transports children in care in a van for 15 or more passengers receives training in the safe operation of the type of vehicle prior to transporting youth.

(4) Contraband. A child-caring agency must require its staff to confiscate items prohibited by the child-caring agency that are found in the possession of a child in care. All such items must be disposed of or stored for a child in care in a secure location that is inaccessible to children in care.

(5) Searches. A child-caring agency that conducts a search must have and follow written policies on searches that, at a minimum, meet all of the following requirements:

(a) Require appropriate consent to search a child in care, staff, or a visitor.

(b) Require the use of the least intrusive manner possible for a search.

(c) Pat-down searches. Authorize staff to conduct pat-down searches of children in care, but only when the child-caring agency determines the search is necessary to discourage the introduction of contraband or to promote the safety of staff and other children in care. If a pat-down search is used:

(A) The search must be conducted by same gender staff members trained in proper search techniques.

(B) The search must be conducted in the presence of another staff member.

(C) The child in care must be given warning of the search.

(D) Prior to the search, the child in care should remove all outer clothing, for instance, gloves, coat, hat, and shoes, and empty all pockets.

(E) Once the child in care has removed all outer clothing, the staff member conducting the search must then pat the clothing of the child in care using only enough contact to conduct an appropriate search.

(F) If anything suspicious is detected during the search, the child in care must be asked to identify the item, and appropriate steps should be taken to make the item available for inspection.

(G) If the child in care refuses to comply with a requirement of the search, the program must follow established policies to determine if the child in care can be refused admission to or discharged from the program.

(d) Prohibit the use of strip searches of children in care.

(e) Prohibit the use of body-cavity searches of children in care.

(6) Building Requirements.

(a) A child-caring agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 413-215-0701 to 413-215-0766) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see the current version of OAR 837-040-0140), the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020), the rules of the Public Health Division of the Oregon Health Authority (see the current requirements for buildings in OAR chapter 333), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to OAR 918-750-0140), the rules of the State Fire Marshal (see the current requirements for buildings in OAR chapter 837), and the local building, fire, and safety codes.

(b) A child-caring agency must ensure that all of the following standards are met:

(A) All buildings where children in care are present must be smoke-free.

(B) All buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing and electrical systems must be functional and in good repair.

(C) Water temperature and access to water:

(i) A continuous supply of hot and cold water, installed and maintained in compliance with this rule, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care.

(ii) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care.

(iii) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the child-caring agency.

(D) Heating and ventilation. Room temperatures must be maintained within normal comfort range. Buildings must be ventilated and free of excessive heat and condensation and of unpleasant odors.

(c) Bathrooms.

(A) Bathrooms must be provided and be conveniently located in each building containing children in care, and must have all of the following:

(i) A minimum of one toilet and one hand-washing sink with mixing faucets for each eight children in care.

(ii) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet.

(iii) Hot and cold running water, as well as soap and paper towels available at sinks or other hand-drying options approved by the local health department.

(iv) One bathtub or shower for each 10 children in care.

(v) Arrangements for individual privacy of children in care.

(vi) A window covering on each window to ensure privacy.

(vii) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(viii) A mirror, permanently affixed at eye level.

(ix) Adequate ventilation.

(B) Use of wooden racks over shower floors is prohibited.

(C) When impervious shower mats are used, they must be disinfected and dried at least once per day.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.310, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0766

Environmental Health

A child-caring agency must meet all of the following requirements:

(1) The program of the agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.327, OL 2016, ch 10
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Day Treatment Agencies

413-215-0801

Day Treatment Agencies, What Law Applies

(1) These rules, OAR 413-215-0801 to 413-215-0856, regulate a child caring agency that provides day treatment services subject to the certificate of approval requirements of OAR 309-032-1120 must:

(a) Comply with OAR 413-215-0001 to 413-215-0131; and

(b) Comply with all requirements of OAR 309-022-0100 to 309-022-0230 applicable to providers of psychiatric day treatment.

(2) OAR 413-215-0801 to 413-215-0856 do not apply to a program that provides residential care under OAR 413-215-0501 to 413-215-0586, an academic boarding school (OAR 413-215-0201 to 413-215-0276), or a therapeutic boarding school (OAR 413-215-0601 to 413-215-0681).

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0806

Definitions

As used in OAR 413-215-0801 to 413-215-0856:

(1) "Clinical supervisor" means a Qualified Mental Health Professional with two years post-graduate clinical experience in a mental health treatment setting. The clinical supervisor, as documented by the provider, operates within the scope of his or her practice or licensure, and demonstrates the competency to oversee and evaluate the mental health treatment services provided by other Qualified Mental Health Professionals or Qualified Mental Health Associates.

(2) "Day treatment" means a comprehensive, interdisciplinary, nonresidential, community-based, psychiatric treatment, family treatment, and therapeutic activities integrated with an accredited education program provided to children with emotional disturbances.

(3) "Day treatment agency" means a private child caring agency (defined in OAR 413-215-0006) that provides day treatment services subject to 309-032-1100 to 309-032-1230.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; Suspended by CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0811

Staff Qualifications and Minimum Staffing Requirements

(1) A day treatment agency must utilize teachers licensed in accordance with the requirements of the Teachers Standards and Practices Commission.

(2) A qualified clinical supervisor must direct the clinical program and supervise clinical staff.

(3) A day treatment agency must employ mental health service delivery staff who meet the qualifications described at OAR 309-032-1110(70) - (72).

(4) A day treatment agency must have sufficient Qualified Mental Health Professionals (QMHP) and other staff on duty to meet the severity and acuity of children in care served by the day treatment agency. In no case may the ratio of children to QMHP on duty be more than 12 children for each QMHP.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0816

Physical Plant Requirements

A day treatment agency must meet all of the following requirements:

(1) All buildings owned, maintained, or operated by the day treatment agency to provide services to children must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(2) All areas of the facility must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing, and electrical systems must be functional and in good repair.

(3) Each room used by children in care must have floors, walls, and ceilings which meet the interior finish requirements of the applicable Oregon Structural Specialty Code (see the current version of OAR 837-040-0140) and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020) and be free of harmful drafts, odors, and excessive noise.

(4) Each room used by children in care must be adequate in size and arrangement for the purpose in which it is used.

(5) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout the facility.

(6) Water systems serving the property must be installed and maintained in compliance with the applicable Oregon Health Authority Public Health Division drinking water regulations (ORA chapter 333).

(7) Heat and ventilation.

(a) Buildings must be ventilated by natural or mechanical means and must be free of excessive heat, condensation, and obnoxious odors.

(b) Room temperature must be maintained within a normal comfort range.

(8) Individual Rooms.

(a) Restrooms must be provided and be conveniently located, and must have:

(A) A minimum of one toilet for every 15 children in care.

(B) One hand-washing sink with mixing faucets for every two toilets. The sink may not be used for the preparation of food or drinks or for dish washing.

(C) Hot and cold running water, soap, and paper towels at each hand washing sink or other hand drying options approved by an environmental health specialist.

(D) Arrangements for individual privacy for children in care.

(E) Permanently wired light fixtures located and maintained so as to give adequate light to all parts of the room.

(F) A window covering on each window to ensure privacy.

(G) A mirror, permanently affixed at eye level.

(H) Adequate ventilation.

(I) Each self-closing metered faucet, if provided, must provide water flow for at least 15 seconds without the need to reactivate the faucet.

(b) Laundry facilities, when provided, must be separate from;

(A) Kitchen and dining areas; and

(B) Areas used for the storage of unrefrigerated perishable food.

(c) Storage areas must be provided appropriate to the size of the facility. Separate storage areas must be provided for:

(A) Food, kitchen supplies, and utensils.

(B) Clean linens.

(C) Soiled linens and clothing.

(D) Cleaning compounds equipment.

(E) Poisons, chemicals, pest control products, insecticides, and other toxic materials, which must be properly labeled, stored in the original container, and kept in a locked storage area.

(F) Outdoor recreational and maintenance equipment.

(d) Food service areas.

(A) Kitchens must have facilities for dish washing, storage, and preparation of food and must be separate from child-caring areas.

(B) The walls, floors, and floor coverings of all rooms in which food or drink is prepared or stored or in which utensils are washed or stored must be smooth, washable, and easily cleanable.

(C) All equipment and utensils used for food service, including plastic ware and food-contact surfaces, must be easily cleanable, durable, nontoxic, and non-absorbent and must be maintained in a clean and sanitary condition.

(D) All equipment used for food preparation must be installed and maintained in a manner providing ease of cleaning beneath, around, and behind each unit.

(e) Classrooms and school buildings must be adequate in size and arrangement for the programs offered.

(f) Time-out rooms. Rooms used for time out or quiet time must have adequate space, heat, light, and ventilation and must not be capable of locking.

(g) A usable recreational activity area must be provided that is protected from motor traffic and other hazards, of a size and availability appropriate to the age and the needs of the children in care served by the day treatment agency.

(9) Furnishings and personal items.

(a) A day treatment agency must provide appropriate furniture for a learning environment.

(b) Each child in care must have a storage area available, such as a locker or other separate space to store personal items.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0821

Building Plans for New Facility or Remodel

A day treatment agency must meet all of the following requirements:

(1) A set of plans and specifications for each day treatment facility operated by the day treatment agency must be submitted to the Department and to the State Fire Marshal for approval:

(a) Prior to construction of a new building;

(b) Prior to construction of an addition to an existing building;

(c) Prior to the remodeling, modification, or conversion of a building; and

(d) In support of an application for initial license of a day treatment agency not previously licensed under OAR 413-215-0801 to 413-215-0856.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (see OAR 837-040-0140) and local fire and safety codes.

(3) Plans must be drawn to scale and must specify the estimated date upon which construction, modification, or conversion will be completed.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0826

Environmental Health

A day treatment agency must meet all of the following requirements:

(1) The program of the day treatment agency must maintain an environment that ensures safety for program staff and children in care.

(2) Environmental Health Specialist approval. Prior to licensure and every two years upon license renewal, the program must be assessed and provide documentation of approval by a registered environmental health specialist (see OAR 338-010-0025 to 338-010-0038) for the following safety areas:

(a) Food service risk assessment.

(b) Drinking water or waste water assessment.

(c) Vector and pest control, including the use of pesticides and other chemical agents.

(d) Hazardous material management, including handling and storage.

(e) Recreation assessments (such as playgrounds, swimming pools, and hot tubs) for injury prevention and hazard mitigation.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0831

Food Services

A day treatment agency must meet all of the following requirements related to food services:

(1) Nutrition and dietary requirements.

(a) A day treatment agency must arrange meals daily, consistent with normal mealtimes that occur during hours of operation.

(b) Menus must be prepared in advance in accordance with USDA guidelines and must provide a sufficient variety of foods served in adequate amounts for each child at each meal, adjusted for seasonal changes. Records of menus as served must be maintained in the facility record for at least six months.

(c) Drinking water must be freely available to the children in care served by the day treatment agency.

(2) Food selection, storage, and preparation.

(a) All food and drink provided by the agency must be stored, prepared, and served in a sanitary manner.

(b) All employees who handle food served to children in care must have a valid food handler's card pursuant to ORS 624.570.

(c) Selection of food. All food products served by a day treatment agency must be obtained from commercial suppliers, except that:

(A) Fresh fruits and vegetables and fruits or vegetables frozen by the day treatment agency may be served.

(B) The serving of unpasteurized juice is prohibited.

(d) Requirements related to milk.

(A) Only Grade A pasteurized and fortified milk may be served to children in care.

(B) Milk and fluid milk products must be dispensed from a commercially filled plastic container of not more than one-gallon capacity or from a refrigerated bulk container equipped with a dispensing device approved by the Food and Drug Administration or Oregon Department of Agriculture.

(e) Children in care may participate in activities in a food-preparation area, other than routine clean up, only while under the supervision of the employees of the day treatment agency.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0836

Safety

A day treatment agency must meet all of the following requirements related to safety.

(1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas:

(a) The day treatment agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020).

(b) The day treatment agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

(a) The day treatment agency must have, for each facility it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency.

(B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency.

(b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones.

(c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency.

(3) Evacuation drills.

(a) An unannounced evacuation drill must be held monthly under varying conditions to simulate the unusual conditions that occur in the event of fire. For each drill, the day treatment agency must document the following information and retain it for a minimum of two years:

(A) Identity of the person conducting the drill.

(B) Date and time of the drill.

(C) Notification method used.

(D) Staff members on duty and participating.

(E) Number of children in care and staff evacuated.

(F) Special conditions simulated.

(G) Problems encountered.

(H) Time required to accomplish complete evacuation.

(b) The day treatment agency must ensure that all employees and children in care are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The day treatment agency must protect children in care from guns, drugs, plastic bags, sharps, paint, hazardous materials, bio hazardous materials, and other potentially harmful materials. A day treatment agency must have a written policy that prevents potentially harmful materials that are in the building accessible to the children in care or on the grounds of the program.

(b) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in all buildings serving children. Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature.

(c) Each light fixture must have a protective cover unless it is designed to be used without one.

(5) Transportation. The day treatment agency must ensure the following when providing transportation to children in care:

(a) Driver requirements.

(A) Each employee transporting children in care in a motor vehicle must have a valid current driver license on record with the day treatment agency.

(B) The day treatment agency may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the day treatment agency.

(C) The day treatment agency must ensure that employees providing transportation are trained in emergency procedures, including behavior management, while in a vehicle.

(D) The day treatment agency must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting children.

(b) Vehicle requirements.

(A) Each vehicle used to transport a child in care served by the day treatment agency must be covered by an insurance policy in full force and effect.

(B) Each vehicle used to transport a child in care served by the day treatment agency must be maintained in safe operating condition.

(C) Each vehicle used to transport a child in care must have aboard a first aid kit, a fully charged and working fire extinguisher with a rating of at least 2 A:10 BC, and a copy of the medical insurance card of each child being transported.

(D) Each vehicle used to transport a child in care must be smoke-free.

(E) Children in care and adults must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0841

Health Services

A day treatment agency must provide oversight of the clinical aspects of health care provided to children in care and must provide psychiatric on-call consultation at all times.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0846

Medication

A day treatment agency must comply with all of the following requirements:

(1) Policy and procedures. The day treatment agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:

(a) How the medication will be administered.

(b) By whom the medication will be administered.

(c) How the staff of the day treatment agency who administer medication will be trained.

(d) How the administration of medication will be documented.

(e) How the administration of medication will be monitored.

(f) How unused medication will be disposed of.

(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.

(2) A prescription, signed by a physician or other qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule "self-administration" refers to the act of a resident placing a medication internally in, or externally on, his or her own body.

(3) A written order, signed by a physician or other qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.

(4) Before a day treatment agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the day treatment agency, approved in writing by a physician, and closely monitored by the child in care's guardian or the staff of the day treatment agency.

(5) Medication storage.

(a) Prescription medications that are unused and any medications that are outdated or recalled may not be maintained in the facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

(b) The facility may maintain a stock supply of non-prescription medications.

(c) All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to children.

(d) Medications requiring refrigeration must be refrigerated and secured.

(e) Medications must be maintained and stored in their original container, including the prescription label.

(6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

(7) A written record of all medication disposals must be maintained and must include all of the following:

(a) A description of the prescribed medication and the amount disposed.

(b) The child in care for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

(e) The name of the adult disposing the medication, and the initials of an adult witness.

(8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that are administered. The record must include all of the following:

(a) The name of the child in care.

(b) A description of the medication, instructions for use, and the recommended dosage.

(c) Dates and times medication is administered.

(d) A record of missed dosages.

(e) Medication dropped or disposed of.

(f) Method of administration for each medication.

(g) Identification of person administering the medication.

(h) Any adverse reactions to the medication.

(i) Documentation of any medication taken outside the facility by a child in care during a home visit or other activity.

(9) Where applicable, the day treatment agency must maintain documentation of the continuing evaluation of the child's ability to self-administer a medication.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0851

Requirement to Have Policies and Procedures

A day treatment agency must have a written policy that includes the following:

(1) Hours of operation.

(2) Service area.

(3) Family expectations and participation requirements.

(4) Type of behavioral and affective characteristics of the children in care.

(5) Psychiatric, therapeutic, or counseling services offered.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

413-215-0856

Educational Services

The educational services of a day treatment agency must comply with all of the following requirements:

(1) The day treatment agency must comply with the minimum requirements for private education institutions as determined by the Oregon Department of Education.

(2) Education services must include at least one qualified teacher for every fifteen children in care.

(3) The day treatment agency must ensure it has a curriculum that considers the goals of modern education as defined in OAR 581-022-1020 and the requirements of a sound, comprehensive curriculum.

(4) Secondary schools must verify that they have academic standards necessary for children in care to obtain admission to community colleges, institutions of higher education, and receive a high school diploma or GED.

Stat. Auth.: ORS 409.050, 418.005, 418.240, OL 2016, ch 10
Stats. Implemented: ORS 418.205 - 418.325, OL 2016, ch 10
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16

Licensing Outdoor Youth Programs

413-215-0901

Applicability and General Provisions

(1) Required compliance. These rules, OAR 413-215-0901 to 413-215-1031, regulate a child caring agency licensed as an outdoor youth program subject to Oregon laws governing child caring agencies, ORS 418.205 to 418.325 and 418.990 to 418.998 and Oregon laws governing outdoor youth programs, ORS 418.205 to 418.246. An outdoor youth program must also comply with OAR 413-215-0001 to 413-215-0131.

(2) Stationary Outdoor Youth Program additional license requirement. An outdoor youth program that operates as a stationary outdoor youth program must secure an Organizational Camp License as described in OAR 333-030-0005 to 333-030-0130 from the Oregon Health Authority, Public Health Division.

(3) Bond required. Each outdoor youth program applying for licensure must file with the Department a Fiduciary Bond in the amount of $50,000 or 50 percent of the program's yearly budget, whichever amount is less. The Bond must be issued by a surety or insurer that is licensed to do business in the State of Oregon. The Bond must be written and issued on the Surety Bond Form (DHS CF 1066), provided to the outdoor youth program by the Department. The required Bond must be continuous until canceled and must remain in full force at all times to comply with this section. Any claims or potential impairment to the Bond must be reported to the Department within 30 days of the incident or occurrence involving the claim or potential impairment. In the event of impairment to the Bond, the outdoor youth program will be required to obtain additional bonding to satisfy the requirements of this section. The surety or insurer must give the Department at least 30 days written notice before canceling or terminating its liability under the Bond. An action on the Bond may be brought by any person aggrieved by the misconduct of an outdoor youth program required to be licensed under ORS 418.205 to 418.310. As evidence of the Bond, the outdoor youth program must keep a certified copy