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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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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 and Residential Programs for Children

(1) The Department is required to regulate and license certain organizations and agencies that care for children. The rules in this division of rules (413-215) establish the requirements of the Department for obtaining and maintaining the required license, and the policies of the Department required by ORS 418.205 to 418.327.

(2) These umbrella rules (OAR 413-215-0001 to 413-215-0131) apply to both an organization that is a private child-caring agency (defined in OAR 413-215-0006) and an organization or school that offers a residential program for children (regulated by ORS 418.327). These rules apply to all of the following agencies:

(a) An adoption agency (defined at OAR 413-215-0406 and further regulated by 413-215-0401 to 413-215-0481).

(b) An agency (which is further regulated by OAR 413-215-0301 to 413-215-0396) that offers to place children for foster care by taking physical custody of and then placing the children in foster homes approved by the agency or by the state.

(c) An agency (which is further regulated by OAR 413-215-0501 to 413-215-0586) that provides residential care services to children 24 hours a day.

(d) An agency that provides an outdoor youth program (defined in OAR 413-215-0911 and further regulated by 413-215-0901 to 413-215-1031).

(e) An agency (which is further regulated by OAR 413-215-0801 to 413-215-0876) that provides day treatment for children with emotional disturbances.

(f) An agency (which is further regulated by OAR 413-215-0701 to 413-215-0766) that provides residential services for homeless or runaway youth, pregnant or parenting girls, or other youth working towards independent living.

(g) An agency providing other services for children similar to the services covered by subsections (a) to (f) of this section.

(h) An academic boarding school (which is further regulated by OAR 413-215-0201 to 413-215-0276).

(i) A therapeutic boarding school (which is further regulated by OAR 413-215-0601 to 413-215-0681).

(j) Any other agency (defined at OAR 413-215-0006) that falls under ORS 418.205(2)(a).

(3) An agency must comply with all of the Department rules that apply to the agency.

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

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

413-215-0011

Requirement to Obtain and Comply with License

(1) Except for a licensee (defined in OAR 413-215-0006) subcontractor that provides limited services under OAR 413-215-0061(5)(b):

(a) An agency (defined in OAR 413-215-0006) must have a license issued by the Department in accordance with Division 413-215. An agency holding a license issued by the Department under these rules (a licensee) must at all times comply with the provisions of the license and with all laws (including rules) applicable to the agency.

(b) An 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 agency is authorized by law (including rules) and licensed to provide.

(2) An agency engaged in providing residential care for both adults and children (defined in OAR 413-215-0006) is subject to the rules in Division 413-215, unless each child residing in the agency's facility has a custodial parent residing in the facility.

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

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) An 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 (defined in OAR 413-215-0006) 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0021

Governance

(1) Governing board requirements.

(a) An agency (defined in OAR 413-215-0006) 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 an 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) An 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 an 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 an agency must have all of the following responsibilities:

(a) To provide leadership for the agency.

(b) To be responsible for establishing the 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 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 agency, including the employment of all 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 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. An 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 agency's programs.

(b) Ability to maintain records on children and families, personnel, and the 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 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 agency.

(c) Ensuring that only individuals whose presence does not jeopardize the health, safety, or welfare of the children served by the 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 agency.

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

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

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

(a) Each instance in which the 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 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 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 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 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 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 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0026

Financial Management

(1) Budget. An agency (defined in OAR 413-215-0006) 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.

(2) Funding. The annual budget of a licensee (defined in OAR 413-215-0006) 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 agency (defined in OAR 413-215-0006) will provide.

(3) Fiscal accountability. An agency must maintain complete and accurate accounts, books, and records following generally accepted accounting principles of accounting management.

(4) A for-profit agency must meet the financial reporting requirements of state and federal regulations and may not have filed for bankruptcy within five years prior to the date of application for licensure.

(5) Insurance. An 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 agency owns or operates a vehicle.

(6) An agency must have an independent financial review performed annually.

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

413-215-0031

Cultural, Ethnic, and Gender-specific Services

An agency (defined in OAR 413-215-0006) must make efforts to ensure services provided to children and families are compatible with the cultural, ethnic, and gender considerations the children and families served by the agency consider important. The 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
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08

413-215-0036

Conflict of Interest

An agency (defined in OAR 413-215-0006) 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 agency allows dual relationships, such as employees serving as foster parents.

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

413-215-0041

Code of Ethics

If an agency (defined in OAR 413-215-0006) subscribes to a code of ethics, or if the agency expects that all or some portion of its staff subscribe to a code of ethics, the agency must identify the code and make it available for review upon request.

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

413-215-0046

Children and Families Rights and Grievance Policy

(1) Rights of children and families served by the agency. An agency (defined in OAR 413-215-0006) must subscribe to a policy regarding the rights of the children and families the agency serves, and must provide them a written copy of its policy.

(2) Grievance Procedures.

(a) An agency must have written procedures for the children and families the agency serves to submit a grievance. For an academic boarding school (defined in OAR 413-215-0206), this subsection only applies to grievances about health or safety issues. The agency must provide the procedures to each child 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 licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department; and

(ii) For each agency that is not an academic boarding school, any other governmental entities with oversight responsibilities.

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0040, CWP 29-2008, f. & cert. ef. 10-17-08

413-215-0051

Resources Required

(1) An agency (defined in OAR 413-215-0006) must ensure that it has sufficient space, equipment, and office equipment to deliver its services within Oregon.

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

(3) The agency must ensure that a individual who fulfills more than one staff function or position meets the requirements for each position.

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

413-215-0056

Policies and Procedures

For each program (defined in OAR 413-215-0006) it is licensed to operate, a licensee (defined in OAR 413-215-0006) must have and follow comprehensive policies and procedures that are well organized, accessible, and easy to use. These policies and procedures must include expectation around child abuse reporting, consistent with ORS 419B.005, 419B.010, and 419B.015.

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

413-215-0061

Personnel

(1) Staff requirements and hiring. In order to ensure that the agency (defined in OAR 413-215-0006) uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, an agency and its contractors must meet all of the following requirements:

(a) Comply with the Department's criminal records history rules at OAR 407-007-0200 to 407-007-0370 and the agency must appoint a Contact Person (CP), designated to receive and process criminal history and child abuse check request forms.

(A) The CP may make preliminary fitness determinations under the authority of the Department when there is no indication of potentially disqualifying crimes or conditions;

(B) Final fitness determinations are made by the Department, the CP is not authorized to make final fitness determinations.

(b) Obtain background and reference checks.

(c) Employ individuals who meet the staff minimum qualifications.

(2) Personnel policies of the 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 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) Criminal records and child abuse check clearance and disposition.

(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. An agency must provide orientation to each newly hired employee within 30 days of employment on all of the following subjects:

(a) 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.

(f) Privacy laws.

(g) Emergency procedures.

(5) Contractor-related requirements.

(a) If an agency contracts with other private providers or individuals in lieu of or in addition to hiring permanent employees, the 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 agency contracts to provide any of its services:

(A) The 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 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 agency and among employees of the contractor in connection with the provision of services.

(v) The awareness of the contactor of applicable Department rules and requirements.

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

(C) The 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0066

Privacy

(1) An agency (defined in OAR 413-215-0006) may not disclose any identifying information of a child, including a picture, without first obtaining the written consent from the child's parents or legal guardians.

(2) An agency must ensure the privacy of all information that identifies a child or family the agency serves. An agency may not disclose such information without proper written consent or as otherwise allowed by law.

(3) An agency must have a written policy that addresses protection of the privacy of children and families the agency serves or has served.

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

413-215-0071

Records and Documentation

With respect to the records on children and families an agency (defined in OAR 413-215-0006) serves and to other records maintained by an agency, the agency must meet all of the following requirements:

(1) The 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 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 agency.

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

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

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

(9) Prior to the dissolution of an agency, the executive or program director must inform, in writing, a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department of the location and storage of records on children or that the records have been transferred with the children to a new facility.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0076

Behavior Management (Excluding Adoption Agencies and Academic Boarding Schools)

(1) An agency (defined in OAR 413-215-0006), except an agency licensed only to provide adoption services under OAR 413-215-0401 to 413-215-0481 or an agency licensed only as an academic boarding school under OAR 413-215-0201 to 413-215-0286, must meet all of the requirements of this rule.

(2) The agency must have and follow behavioral management policies consistent with the requirements of this rule. The policies must include a description of the model, program, or techniques used (for instance, a level system or token economy), 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.

(d) Use of seclusion, if applicable.

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

(4) 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.

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

(6) Discipline Policy. The agency must have and follow a discipline policy that includes prohibitions against all of the following:

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

(b) Committing an act designed to humiliate, ridicule, or degrade a child or undermine a child's self-respect.

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

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

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

(f) Using physical restraint (see subsection (8)(a) of this rule) or seclusion as discipline.

(g) Permitting or directing a child to punish another child.

(h) Using any other kind of harsh punishment.

(7) If the 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.

(8) Physical restraint.

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

(b) Only agency staff who have been trained in a nationally recognized non-violent crisis-intervention system (described in subsection (2)(a) of this rule) may use physical restraint, except when physical restraint is necessary as a last resort to prevent a child from inflicting harm to self or others.

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

(d) Any use of physical restraint by a staff member of the agency, if the member is not trained in a nationally recognized non-violent crisis intervention system, must be reported to a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department within one working day of occurrence.

(e) Limitations. The agency must have a policy that prohibits the application of a non-violent physical restraint to a child 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. Documentation of the authorization must be maintained in the child's record.

(f) Physical Restraint Documentation. The policies of the 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 involved in the physical restraint, and documentation of a review by the executive director, program director, or designee.

(g) Review. The policies of the agency must require that whenever a physical restraint is used on a child 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, whether modifications to the child's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The agency must take appropriate action indicated by the review.

(9) Seclusion.

(a) For the purposes of this rule, "seclusion" means that a child 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 age nine and older and one hour for children under the age of nine.

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

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

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

(10) Time out.

(a) For the purpose of this rule, "time out" means restricting a child to a designated area for a period of time to give the child 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's clinical record.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0081

Application for License

(1) For purposes of this rule, "applicant" means an agency (defined in OAR 413-215-0006) that is in the process of applying for a license from the Department.

(2) Application required.

(a) An 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, 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 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 ineligible to be served by the 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 and services, three months before children arrive at the agency's facility.

(j) Written policies regarding the rights of children and families the agency would serve upon being licensed.

(k) A grievance procedure for children and families.

(l) Floor plans for any proposed facility.

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

(n) 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.

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

(p) Emergency procedures.

(q) Current inspection report of the Fire Marshal and current sanitation inspection reports, unless the application is for a license as an adoption agency (OAR 413-215-0001(2)(a)) or a foster care placement agency (OAR 413-215-0001(2)(b)). For an outdoor youth program (OAR 413-215-0001(2)(d)), these inspections reports are only required for each base camp component.

(r) 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 agency, a member of the 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.

(s) 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, 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 criminal histories and child abuse background checks 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 (OAR 413-215-0001(2)(a)) or a foster care placement agency (OAR 413-215-0001(2)(b)). For an outdoor youth program (OAR 413-215-0001(2)(d)), these inspections reports are only required for each base camp component.

(h) 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) An 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 in substantial compliance (defined in OAR 413-215-0006) with the rules in Division 413-215. 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 (defined in OAR 413-215-0006), the staff of the applicant, and persons in the community.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0086

Issuance of License

(1) If the Department determines from the application and its review that the agency (defined in OAR 413-215-0006) is in compliance with the rules in division 413-215, the Department issues a license to the agency. A license is effective for a two-year period subject to being suspended, revoked, or rendered invalid 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 (defined in OAR 413-215-0006), 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 agency.

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

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

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

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

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

413-215-0091

Responsibilities of Licensees

A licensee (defined in OAR 413-215-0006) is responsible to do all of the following:

(1) Meet with an employee of the Department upon request.

(2) Notify the Department if the agency (defined in OAR 413-215-0006) employs a new executive director or program director and submit a request to the Department for a criminal history and child abuse background check on that person.

(3) Make reports to the Department as necessary to ensure that the requirements for licensing are met.

(4) Notify a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department 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 an 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.

(5) Notify a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department 30 days or more prior to the voluntary closure or change to inactive status of a program (defined in OAR 413-215-0006) of the agency.

(6) 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.

(7) Return the license to a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department immediately upon the suspension or revocation of the license, a change to inactive status, or a change of ownership or location.

(8) Inform a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department 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
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08

413-215-0096

Renewal of License

(1) To renew a license, a licensee (defined in OAR 413-215-0006) 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 agency (defined in OAR 413-215-0006). The licensee must allow representatives of the Department to enter and inspect the physical premises, and interview children receiving services from the agency and 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 in compliance with the rules in division 413-215.

(4) The Department will not renew a license if the licensee is not in substantial compliance (defined in OAR 413-215-0006) with the rules in division 413-215 and other applicable law.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0101

Periodic Inspections

(1) The Department will visit and inspect each licensee (defined in OAR 413-215-0006) and each facility operated by the licensee at least once every two years to determine whether the program (defined in OAR 413-215-0006) is maintained and operated in accordance with the rules in Division 413-215 and all other applicable rules.

(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 Division 413-215 and other applicable rules, to enter the facilities of the agency (defined in OAR 413-215-0006); inspect all accounts, records of work, and physical premises; and interview all children and staff.

(5) An 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 agency.

(e) Records of the children and families served by the 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 agency, the records of the agency pertaining to sanitation, and residents.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0106

Investigation of Complaints

(1) The Department will investigate each report received of abuse, dereliction, or deficiency in or by an agency (defined in OAR 413-215-0006).

(2) The Department will notify the executive director and board of directors of any needed corrective action, of the deadlines for completing the corrective action, and of any other actions the Department may initiate as a result of the investigation.

(3) If there is a reasonable basis for sustaining a complaint against an organization or school that offers a residential program for children (regulated by ORS 418.327) that is not a private child-caring agency (defined in OAR 413-215-0006), the Department will initiate a contested case proceeding with the Office of Administrative Hearings.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 183.635, 418.205 - 418.327
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

413-215-0111

Corrective Actions

(1) As a result of an inspection, or at any time, the Department may require a private child caring agency (defined in OAR 413-215-0006) to comply with a plan of correction that explains the actions required to be taken by the private 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 private child caring agency must correct the deficiencies noted in the corrective action plan.

(3) Where a condition exists in an organization or school that offers a residential program for children (regulated by ORS 418.327) that immediately endangers the health or safety of a child, the director of the Department may issue an interim order without any notice, or with such notice as is practical under the circumstances, requiring the school or organization to alter the conditions under which the child lives or receives schooling. Such interim emergency order may remain in force until a final order, after a hearing provided in OAR 413-215-0106(3), is entered.

(4) Where the evidence at a contested case hearing (OAR 413-215-0106(3)) justifies such an order, an Administrative Law Judge may issue a proposed order and the Department may issue a final order that orders a private school or organization that offers a residential program for children (regulated by ORS 418.327) to correct the conditions not in conformity with standards.

(5) If corrections required under section (3) or (4) of this rule are not made within time limits set by the final order, the Department may take any other lawful actions necessary for the protection of the child or children involved.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.327, 418.995
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08

413-215-0116

Civil Penalties

(1) In addition to the actions described in OAR 413-215-0121, as provided in ORS 418.992, the Department may impose a civil penalty against a private child-caring agency (defined in OAR 413-215-0006) if subsections (a) and (b) of this section both apply:

(a) The private child-caring agency has committed one of the following acts:

(A) Violation of any of the terms or conditions of a license issued under ORS 418.205 to 418.310 and OAR 413-215-0086.

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

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

(b) The violation involves one of the following:

(A) Direct care or feeding of children.

(B) Staff to child ratios (OAR 413-215-0561).

(C) Sanitation involving direct care. (OAR 413-215-0541);

(D) The violation has occurred on two consecutive surveys on-site reviews of the private child-caring agency.

(2) 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 private 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 private child-caring agencies.

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

(d) The immediacy and extent to which the violation threatens the health, safety, and well being of the children served by the private child-caring agency.

(3) Civil Penalty Schedule. For each violation by a private child-caring agency, the following civil penalty may be imposed:

(a) $100 per violation if all four subsections of section (2) of this rule favor the private child-caring agency.

(b) $200 per violation if three subsections of section (2) of this rule favor the private child-caring agency.

(c) $300 per violation if two subsections of section (2) of this rule favor the private child-caring agency.

(d) $400 per violation if one subsection of section (2) of this rule favor the private child-caring agency.

(e) $500 per violation if no subsections of section (2) of this rule favor the private child-caring agency.

(4) In all cases in which the Department is considering the imposition of a civil penalty, the Department must prescribe a reasonable time period for the private child-caring agency to eliminate the violation:

(a) Not to exceed 30 days after the first notice of violation; or

(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the Department.

(5) 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.

(6) A civil penalty will be imposed by written notice of violation and assessment of penalty provided to the private 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 private child-caring agency to request a hearing.

(7) As provided in ORS 418.993, the private 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.

(8) 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 private 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.

(9) If the private child-caring agency does not request a hearing, or if after such a hearing the private 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.

(10) 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.

(11) 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.

(12) 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 agency incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

(13) 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. Enforcement proceedings available to the Department through this procedure shall include:

(a) Writ of Execution proceedings under ORS 23.030 to 23.105 and 23.410 to 23.600;

(b) Supplementary proceedings under ORS 23.710 to 23.730;

(c) Garnishee proceedings under ORS 29.285 to 29.335; and

(d) Renewal of judgment under ORS 18.360.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.994
Stats. Implemented: ORS 418.205 - 418.327, 418.992 - 418.998
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

413-215-0121

Denial, Suspension, or Revocation of License

(1) Except as provided in section (2) of this rule:

(a) The Department may deny, suspend, or revoke a license upon finding that an agency (defined in OAR 413-215-0006) is not in substantial compliance (defined in OAR 413-215-0006) with the rules in Division 413-215.

(b) If an agency operates more than one facility, the Department may suspend, revoke, or deny the license only as it applies to the facility or facilities out of substantial compliance with applicable statutes or rules.

(2) The Department may suspend or revoke the license of an organization or school that offers a residential program for children (regulated by ORS 418.327) that is not acting as a private child-caring agency only after corrections required under OAR 413-215-0111(4) are not made within time limits set by the Department or an Administrative Law Judge.

(3) Immediate Suspension or Revocation. In the event of an imminent danger to the health or safety of children or families receiving services or of the public, the Department may take immediate action to suspend or revoke the license of a private child-caring agency.

(4) An 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.

(5) To request a contested case hearing, as provided in ORS Chapter 183, the 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 agency has waived the right to a hearing, except as provided in OAR 137-003-0528(1).

(6) Except for an agency that retains a facility with an active license under subsection (1)(b) of this rule, if the Department revokes a license, the 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0126

Temporary, Inactive, and Amended Licenses

(1) Temporary license.

(a) The Department may issue a temporary license when the application by an agency (defined in OAR 413-215-0006) for a license is approved, and the 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 (defined in OAR 413-215-0006) to start providing services authorized by the temporary license. To obtain a temporary license, an agency must meet all requirements of the rules in division 413-215 except those that can be met only while providing services.

(b) Once an 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, as described in OAR 413-015-0086.

(2) Inactive license.

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

(b) An agency no longer providing services for which it is licensed must immediately inform a licensing coordinator in the Residential Treatment Services and Licensing Unit of the Department.

(c) In order to reactivate an inactive license, an agency must request an inspection by the Department for the purpose of verifying its compliance with all applicable Department rules. The agency may not resume providing services until the Department has verified in writing that the agency is in compliance with all applicable Department rules and reinstated the 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 (defined in OAR 413-215-0006), 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
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 29-2008, f. & cert. ef. 10-17-08

413-215-0131

Exceptions

(1) The Department may waive a requirement of a rule in Division 413-215 upon written request of an agency (defined in OAR 413-215-0006). The 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 and families would be affected if the agency did not comply with the rule.

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

(a) Whether the 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 agency.

(c) The availability of services to children and families similar to the services provided by the 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) An 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) An 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
Stats. Implemented: ORS 418.205 - 418.327
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

Licensing Academic Boarding Schools

413-215-0201

Academic Boarding Schools; What Law Applies

(1) An academic boarding school (defined in OAR 413-215-0206) must be licensed in accordance with and comply with OAR 413-215-0001 to 413-215-0131 and 413-215-0201 to 413-215-0276.

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

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

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

413-215-0211

Educational Services

The educational services of an academic boarding school (defined in OAR 413-215-0206) 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0216

Physical Plant Requirements

An academic boarding school (defined in OAR 413-215-0206) 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) Each room used by children 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.

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

(4) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility (defined in OAR 413-215-0206).

(5) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (chapter 333 of the Oregon Administrative Rules) from the Public Health Division of the Department of Human Services.

(6) 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.

(7) Individual Rooms.

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

(b) Bedrooms. Bedrooms for students 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 boarding students 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 boarding students 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 boarding students.

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

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

(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 boarding students.

(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) Student living areas, including bedrooms; 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 student living 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.

(g) Dining area. A separate dining room or area must be provided for the exclusive use of students, 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 served by the academic boarding school.

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

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0221

Boarding Student Furnishings and Personal Items

An academic boarding school (defined in OAR 413-215-0206) must meet all of the following requirements:

(1) Furniture. Furniture must be provided for each boarding student (defined in OAR 413-215-0206) 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 boarding student.

(2) Linens. Linens in good repair must be provided or arranged for each boarding student, 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 boarding student; and

(d) Towels and washcloths.

(3) Bedding must be changed when soiled and upon change of occupant.

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

413-215-0226

New Facility or Remodel

An academic boarding school (defined in OAR 413-215-0206) 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 (defined in OAR 413-215-0206), operated by the academic boarding school and utilized by boarding students, 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 413-215-0001 to 413-215-0131 and 413-215-0201 to 413-215-0276.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (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
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0231

Environmental Health

An academic boarding school (defined in OAR 413-215-0206) must meet all of the following requirements:

(1) The academic boarding school must maintain an environment that ensures safety for staff (defined in OAR 413-215-0206) and boarding students.

(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 handing 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0236

Food Services

An academic boarding school (defined in OAR 413-215-0206) 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 boarding students.

(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 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 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 must have a valid food handlers 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.

(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 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0241

Safety

An academic boarding school (defined in OAR 413-215-0206) 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 (defined in OAR 413-215-0206) it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children 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 (defined in OAR 413-215-0206) 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 occupants 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 are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The academic boarding school must protect children 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 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 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 it serves:

(a) Driver requirements.

(A) Each employee (defined in OAR 413-215-0206) transporting a child 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 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 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 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 served by the academic boarding school must be maintained in safe operating condition.

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0246

Health Services

(1) An academic boarding school (defined in OAR 413-215-0206) 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 starting in an academic boarding school, the academic boarding school must obtain available medical history and other health-related information on the child, including:

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

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

(c) Any known allergies;

(d) Physician or qualified medical professional's orders, including those related to medication (defined in OAR 413-215-0206), if any.

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

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

413-215-0251

Medication

An academic boarding school (defined in OAR 413-215-0206) 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 (defined in OAR 413-215-0206) 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. Medication prescribed for one child may not be administered to, or self-administered by another child or staff (defined in OAR 413-215-0206). As used in this rule, "self administration of medication" refers to the act of a boarding student (defined in OAR 413-215-0206) 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 (defined in OAR 413-215-0206). "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 boarding student 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 boarding student 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 for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

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

(6) Medication Records. A written record must be kept for each child 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 child's name.

(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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08

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 OAR 413-215-0206) must meet the all of the following training requirements with respect to its staff (defined in OAR 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

413-215-0261

Minimum Staffing Requirements

An academic boarding school (defined in OAR 413-215-0206) 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 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 (defined in OAR 413-215-0206) of the academic boarding school on duty in a facility (defined in OAR 413-215-0206), there must be additional staff (defined in OAR 413-215-0206) 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 boarding students are present on the premises of the academic boarding school.

Stat. Auth.: ORS 409.050, 418.005, 418.327
Stats. Implemented: ORS 409.010, 418.005, 418.327
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

413-215-0266

Separation of Children

An academic boarding school (defined in OAR 413-215-0206) 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 when adults are being served by the academic boarding school. Children and adults must be housed in separate bedrooms, except that a child (defined in OAR 413-215-0206) and the child'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, the academic boarding school must obtain written approval from the DHS 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08

413-215-0271

Consents, Disclosures, and Authorizations

(1) Consents. For each boarding student (defined in OAR 413-215-0206) of an academic boarding school (defined in OAR 413-215-0206), 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 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 boarding student's parent or legal guardian.

(b) To provide care (defined in OAR 413-215-0206) to the student.

(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'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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 30-2008, f. & cert. ef. 10-17-08

413-215-0276

Information about Boarding Students

Child's files. For each boarding student (defined in OAR 413-215-0206) of an academic boarding school (defined in OAR 413-215-0206), the academic boarding school must maintain a record that includes all of the following information:

(1) The child's name, gender, and date of birth.

(2) The date of admission to the program.

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

(a) The child's parents.

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

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

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

Licensing Foster Care Agencies

413-215-0301

Foster Care Agencies, What Law Applies

A private child-caring agency (defined in OAR 413-215-0006) that uses care in the homes of provider parents or foster parents as a placement option must be licensed in accordance with and comply with OAR 413-215-0001 to 413-215-0131 and 413-215-0301 to 413-215-0396.

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 413-210-0400, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0306

Definitions

As used in OAR 413-215-0301 to 413-215-0396:

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

(2) "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.

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

(5) "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.

(6) "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.

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

413-215-0311

License Requirements

(1) A foster care agency (defined in OAR 413-215-0306) must be licensed by the Department to certify a home as a certified provider home (defined in OAR 413-215-0306).

(2) A foster care agency must be licensed by the Department before the foster care agency accepts physical custody of a child for placement in the home of a foster parent (defined in OAR 413-215-0306) or approved provider parent (defined in OAR 413-215-0306).

(3) To be licensed by the Department, a foster care agency must meet all of the following requirements:

(a) Written program statement. The foster care agency must have a current, written statement that contains all of the following information:

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

(B) A description of children served by the foster care agency.

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

(D) The geographical area covered.

(b) Foster and approved provider home recruitment and retention plan. The foster care agency must have an ongoing recruitment and retention program to ensure an adequate number of suitable certified provider homes based on the written program statement of the foster care agency.

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 413-210-0470, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0313

Personal Qualifications Required for Approved Provider Parents

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) A foster care agency may only approve an individual as an approved provider parent (defined in OAR 413-215-0306) if the individual meets all of the following requirements:

(a) The individual is at least 21 years of age.

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

(c) The individual possesses the ability to manage the applicant's home and personal life.

(d) The individual maintains conditions in the home that provide safety and well-being for the child.

(e) The individual has supportive relationships with adults and children living in the household and with others in the community.

(f) The individual has a lifestyle and personal habits free of criminal activity and abuse or misuse of alcohol or other drugs.

(g) The individual has the physical and mental capacity to care for a child. 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 use a certified provider home (defined in OAR 413-215-0306) if each approved provider parent or foster parent (defined in OAR 413-215-0306) meets the requirements of section (1) of this rule.

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

413-215-0316

Orientation for Foster Parents and Approved Provider Parents

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) The foster care agency must ensure that each parent who applies to operate a certified provider home (defined in OAR 413-215-0306) receives orientation training.

(2) The orientation training required by section (1) of this rule must include, at a minimum, all of the following:

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

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

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

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

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

(f) The rights and responsibilities of the foster parent (defined in OAR 413-215-0306) or approved provider parent (defined in OAR 413-215-0306) and the foster care agency.

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

(h) Legal responsibility to report suspected child abuse.

(i) Confidentiality.

(j) Rights of families and children.

(k) Copies of all of the following documents:

(A) The program statement.

(B) The requirements for certified provider homes.

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

(D) The training requirements of the foster care agency for certified provider 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) That the foster parents or approved provider parents have received the orientation described in section (2) of this rule;

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

(c) If the applicant is approved, a certificate issued by the foster care agency to approve the operation of a certified provider home. The certificate must identify the number of children and the age range of children the home is certified to serve, and any specific gender or other restrictions and limitations.

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

413-215-0321

Assessment and Approval of Certified Provider Homes

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) Prior to approval of an approved provider parent (defined in OAR 413-215-0306) and prior to the certification of a certified provider home (defined in OAR 413-215-0306), the foster care agency must complete a certified provider home assessment for each parent.

(2) The certified provider home assessment must be based on an on-site review of the applicant's home, and observations of and interviews with each member of the household. 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 parents.

(b) Assurance that the home is the primary residence of the applicant family and is the residence where each child 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 parent's ability to care for a child.

(e) A minimum of four references, not more than one of which may be a relative of the 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 criminal history 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 household member may pose a risk to children placed in the home.

(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 county 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 is required if there is reason to believe that the household member may pose a safety threat to children placed in the home.

(e) The applicant's placement preferences.

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

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

(h) The applicant's relevant health history. Each parent in a certified provider home must assure that a child 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.

(i) The applicant's education and training.

(j) The applicant's employment and finances.

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

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

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

(n) The applicant's lifestyle.

(o) The 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, 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 applicant's home and community.

(t) Summary assessment and recommendations including the characteristics and number of children who may be placed.

(4) A process for notifying applicants. The foster care agency must notify each applicant in writing of the acceptance or denial of the application for approval as an approved provider parent and certification as a certified provider home.

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

413-215-0326

Training for Parents in Certified Provider Homes

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

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

(a) Provides each parent in a certified provider home (defined in OAR 413-215-0306) a minimum of 15 hours of training before the foster care agency places a child in the home.

(b) Provides each parent in a certified provider 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 who may be placed with the family.

(B) Ways to effectively parent children who are placed by the foster care agency.

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

(D) The importance of the child's family and working with the child's family.

(E) Preparation of the child for independence based on the child's age, stage of development, and needs.

(F) Legal responsibility to report suspected child abuse.

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

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 413-210-0440, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0331

Annual Review and Approval

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) The foster care agency must evaluate every certified provider home (defined in OAR 413-215-0306) at least once every twelve months to ensure that the home continues to meet the applicable 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 criminal history check for all members of the household age 18 and over must be completed as required by OAR 413-120-0400 to 413-120-0470. A criminal history check for a household member under the age of 18 is required if there is reason to believe that the household member may pose a risk to children placed in the home.

(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 is required if there is reason to believe that the household member may pose a safety threat to children placed in the home.

(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 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 certified provider home.

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 413-210-0480, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0336

Complaints about Certified Provider Homes

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(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 local branch of the Department for investigation.

(2) If the foster care agency receives information alleging that a certified provider home (defined in OAR 413-215-0306) approved by the foster care agency is not in compliance with the approval or certification requirements of the foster care agency, the foster care agency must initiate an on-site assessment of the home as soon as is appropriate, based on the nature of the complaint.

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

(A) The date the information was received and by whom, 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 in a timely manner following the receipt of the complaint.

(c) The foster care agency must provide the foster parent (defined in OAR 413-215-0306) or approved provider parent (defined in OAR 413-215-0306)with a copy of the report of the assessment once it is complete, and must inform this 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0341

Closures of Certified Provider Homes

If a foster care agency (defined in OAR 413-215-0306) withdraws its certification of a certified provider home (defined in OAR 413-215-0306) or its approval of an approved provider parent (defined in OAR 413-215-0306), the foster care agency must notify the parent or parents in writing of the specific reasons for the withdrawal and must include the notification in the record of the certified provider home.

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

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

413-215-0349

Notifications Required of Parents

A foster care agency (defined in OAR 413-215-0306) must require parents in a certified provider home (defined in OAR 413-215-0306) to notify the foster care agency of each of the following:

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

(2) Any arrests or court convictions for any member of the household. This notification must occur within one working day.

(3) Any known allegation of child abuse or neglect perpetrated by any member of the household or an individual who regularly visits the home. Such notifications must occur on the day that the certified family 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 family's ability to meet the safety needs of the child.

(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, including the approval of the foster care agency to provide such care.

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

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

413-215-0351

Records of Certified Provider Homes

For each certified provider home (defined in OAR 413-215-0306) a foster care agency (defined in OAR 413-215-0306) approves, the foster care agency must maintain a record in a safe and consistent manner, separate from the records the foster care agency keeps on the children and families it serves. The record for each certified provider home must contain all of the following information and documents:

(1) All documents pertaining to approval of the certified provider home.

(2) All documents pertaining to formal complaints about the certified provider home.

(3) The contract of the foster care agency with the parents in the certified provider home.

(4) A list of all children placed in the certified provider home that includes identifying and placement information.

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

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 413-210-0450, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0356

Placement of a Child by a Foster Care Agency

All of the following requirements apply when a foster care agency (defined in OAR 413-215-0306) places a child:

(1) The foster care agency may place a child in a certified provider home (defined in OAR 413-215-0306) of an approved provider parent (defined in OAR 413-215-0306) or a foster parent (defined in OAR 413-215-0306).

(2) A child's placement in a certified provider home must be consistent with the recommendations for the use of the home as identified in the current home assessment.

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

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

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

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

(4) The foster care agency may not place or supervise a child in a certified provider home approved by another foster care agency, or with a foster parent, or with an approved provider parent approved by OYA or another governmental agency (other than the Department), without prior approval from the parent as well as the foster care agency or governmental agency. Before placing the child, the foster care agency must obtain copies of pertinent documents from the file of the foster parent or approved provider parent to determine the safety and appropriateness of the home for the child.

(5) The foster care agency must base each placement on an assessment of the child's individual needs and an assessment of the home provider's ability to meet those needs. The foster care agency must document the basis for the selection in the file of the foster parent or approved provider parent.

(6) Before or at the time of placement of a child in a certified provider home, or within two working days after placement if the placement is an emergency placement, the foster care agency must have a written contract signed by the foster parent or approved provider parent and by the foster care agency. The contract must contain all of the following:

(a) The rights and responsibilities of the foster care agency and the parents regarding placement and an acknowledgment that the parents agree to follow the policies and procedures of the foster care agency for certified provider homes and services.

(b) Language that requires the parents to notify the foster care agency immediately of any circumstances in their home that reasonably could affect the safety or well-being of a child in care, including injury, illness, an emotional or mental health issue, communicable disease, an accident, or an arrest.

(7) Sleeping Arrangements.

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

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

(c) Unrelated foster children may not share a bed.

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

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

(a) The child's name and date of birth, 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 child's health, behavioral characteristics, and needs.

(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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0361

Documentation Required When a Foster Care Agency Changes a Placement

Within seven working days after a child is moved out of a certified provider home (defined in OAR 413-215-0306) and placed in a different certified provider home, a foster care agency (defined in OAR 413-215-0306) must record all of the following information in the case record:

(1) The reason for the new placement.

(2) The name of each new foster parent (defined in OAR 413-215-0306) or approved provider parent (defined in OAR 413-215-0306), and the address of the home.

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

413-215-0366

Respite Care

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) The foster care agency must have a respite care policy for foster parents and approved provider parents that addresses the need to provide children with safe and adequate substitute care when the 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 placed in a certified provider home (defined in OAR 413-215-0306):

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

(B) The foster care agency must assure completion of criminal records checks (pursuant to OAR 407-007-0200 to 407-007-0370) and child abuse history background checks prior to an individual providing relief or respite care; and

(C) Prior to determining that an individual 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 certified provider home must receive the approval of the foster care agency prior to using a relief or respite caregiver.

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

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

(e) There must be plans for respite care in the event of an emergency that makes a foster parent (defined in OAR 413-215-0306) or approved provider parent (defined in OAR 413-215-0306) unavailable.

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

413-215-0371

Training of Foster Care Agency Staff

In addition to the orientation requirements in OAR 413-215-0061(4), a foster care agency (defined in OAR 413-215-0306) 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) 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 training must be clear in the policy of the foster care agency that restraint or seclusion is used as an intervention of last resort.

(2) Staff of the foster care agency must receive ongoing training at least annually on all of the following:

(a) Mandatory child abuse reporting.

(b) Procedures for handling environmental emergencies.

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

(d) Behavior management.

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

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 413-210-0430, CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0376

Health Services

A foster care agency (defined in OAR 413-215-0306) 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, the foster care agency must obtain available medical history and other health-related information on the child, including:

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

(b) The child'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 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's orders, including those related to medications, if any.

(3) Female health care. If licensed to serve female children, the foster care agency must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health.

(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.

(4) Medical examinations. The foster care agency must safeguard the health of each child 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'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 the children in the physical custody of the foster care agency.

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

413-215-0381

Medication

A foster care agency (defined in OAR 413-215-0306) 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 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'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. Medications prescribed for one child may not be administered to, or self-administered by another child, foster parent (defined in OAR 413-215-0306), approved provider parent (defined in OAR 413-215-0306), 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 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 foster parent, approved provider 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 certified provider home (defined in OAR 413-215-0306). "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.

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

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

(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 for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

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

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

(a) The child's name.

(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 certified provider home by a child during a home visit or other activity.

(9) Where applicable, the foster care 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0386

Referral and Initial Evaluation of Children

A foster care agency (defined in OAR 413-215-0306) 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 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 are accepted by the foster care agency.

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

(2) Initial evaluation of a child. The foster care agency must evaluate each child 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's past and present behavior, educational status, and physical and behavioral health.

(b) Make a preliminary determination whether the prospective child 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.

(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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 31-2008, f. & cert. ef. 10-17-08

413-215-0391

Consents, Disclosures, and Authorizations

(1) Consents. For each child taken into the physical custody of a foster care agency (defined in OAR 413-215-0306), the foster care agency must ensure that a parent or legal guardian signs a consent that authorizes the foster care agency to 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 child's parent or legal guardian.

(b) To use the behavior management system of the foster care agency, including the point, level, or other behavior management techniques utilized by the foster care agency.

(c) To use restraint or seclusion in the management of the child. The consent must specify the reasons such interventions are used by the foster care agency and how the employees of the foster care agency, approved provider parents, or foster parents are trained and supervised in the use of restraint or seclusion.

(d) To restrict the child's contact with persons outside the foster care agency and the certified provider home (defined in OAR 413-215-0306), including visits, telephone communication, electronic mail, and postal mail.

(e) To exclude or limit the child's possession of personal items.

(f) To impose a dress code.

(g) To restrict the child's participation in recreational or leisure activities in an appropriate manner, consistent with behavior or safety issues.

(2) Disclosures. At admission, the foster care agency must ensure that each parent or legal guardian of the child receives and acknowledges in writing the receipt of each of the following:

(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 and parents or legal guardians served by the foster care agency. The statement must be written in a manner that is easy to understand, and the foster care agency must ensure that the child and the parent or legal guardian understand the statement. The statement must explain all of the following:

(A) The child'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's right to privacy.

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

(D) The child's right to fair and equitable treatment.

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

(F) The child's right to have personally exclusive clothing.

(G) The child's right to personal belongings.

(H) The child's right to an appropriate education.

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

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

(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, 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 must be approved or authorized by the parent or legal guardian, except CASAs and attorneys appointed to represent the child.

(c) Visitation resources must be pre-approved by the child's parent or legal guardian and the identity of these resources verified by the foster care agency.

(d) Activity-specific authorizations must be pre-approved by the child'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's parent or legal guardian.

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

413-215-0396

Information About Children Placed in Physical Custody of the Foster Care Agency

A foster care agency (defined in OAR 413-215-0306) must comply with all of the following requirements:

(1) Child's case files. For each child 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 child's name, gender, date of birth, religious preference, and previous address.

(b) The name and location of the child's previous school.

(c) The date of admission to the program.

(d) The status of the child'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's parents.

(B) The child's legal guardian, 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.

(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 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 must be served according to an individual written service plan developed by staff of the foster care agency and including, whenever possible, the child, the child's family, and other professionals involved with the child 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 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's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child 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'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 must be a participatory decision-making process between the child, 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 and the child'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 must be placed in the individual child's record.

(4) Financial records. A foster care agency must keep a separate written record for each child itemizing all money received or disbursed on behalf of the child. 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 for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child of all personal possessions belonging to the child. 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 at the time of discharge.

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 413-210-0460, CWP 31-2008, f. & cert. ef. 10-17-08

Licensing Adoption Agencies

413-215-0401

Adoption Agencies, What Law Applies

A child caring agency (defined in OAR 413-215-0006) that is an adoption agency (defined in OAR 413-215-0406) must be licensed in accordance with:

(1) OAR 413-215-0001 to 413-215-0131 which sets forth the requirements of the Department for licensing child-caring agencies, including adoption agencies; and

(2) These rules, OAR 413-215-0401 to 413-215-0481, which provide additional regulation of adoption agencies.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.310
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

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

413-215-0411

Information and Reporting Requirements of an Adoption Agency

(1) Public information.

(a) An adoption agency (defined in OAR 413-215-0406) 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 (defined in OAR 413-215-0406) and post-adoption reports.

(H) Likely charges of the U.S. Citizenship and Immigration Services (USCIS).

(I) Legal finalization or re-adoption (defined in OAR 413-215-0406) 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 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 (defined in OAR 413-215-0406) 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, 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

413-215-0416

Adoption Agency Staff

In addition to meeting the requirements in OAR 413-215-0021(3):

(1) Required staff. An adoption agency (defined in OAR 413-215-0406) 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 (defined in OAR 413-215-0406) services, the supervisor must have experience in intercountry adoptions.

(c) On the date this rule as renumbered becomes effective, an incumbent executive director or social services supervisor -- 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 has been in the position for at least three years, has 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
Stats. Implemented: ORS 418.205 - 418.310
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

413-215-0421

Staff Training Requirements for Adoption Agencies

An adoption agency (defined in OAR 413-215-0406) 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.

(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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

413-215-0426

Policies and Procedures for Adoption Agencies

An adoption agency (defined in OAR 413-215-0406) 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 (defined in OAR 413-215-0406) who is considering the release of a child for adoption;

(b) A child who becomes available for adoption; and

(c) A family who adopts a child.

(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) Oregon Revised Statutes Chapter 109.

(3) Policies and procedures designed to ensure that the decision to place a child in a specific home or to disrupt a placement (defined in OAR 413-215-0406) is not made autonomously by a social services worker.

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

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 (defined in OAR 413-215-0406) must maintain a permanent record on each birth parent (defined in OAR 413-215-0406) who has consented to and has surrendered a child 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, the name and address of the hospital or birthing center if the child 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's birth, including age, height, weight, and color of eyes, hair and skin.

(h) Personality traits of the child'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, 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'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'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 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 (defined in OAR 413-315-0406) documentation.

(D) Post-placement supervision documentation.

(E) Originals of photographs, letters, and other personal items provided by the child'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 must preserve the permanent case record.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 109.342, 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

413-215-0436

Services Prohibited

An adoption agency (defined in OAR 413-215-0406) may not guarantee or represent to prospective adoptive parents that a particular child will be placed in their home for payment of a fee.

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

413-215-0441

Services for Birth Parents Considering Domestic Adoption

(1) If an adoption agency (defined in OAR 413-215-0406) is serving a birth parent (defined in OAR 413-215-0406) 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 within 60 days of the court proceeding about the adoption or custody of the child;

(B) The putative father repeatedly contributed or tried to contribute to the support of the child within 12 months of the court proceeding about the adoption or custody of the child; 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, or the placement (defined in OAR 413-215-0406) 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.

(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 and the adopting parents after adoption, the variables and options for such continuing contact, the desire of the child 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.

(3) The adoption agency must provide guidance if a child'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'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 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 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, 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'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 with a member of the child'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 with a family based solely on preferred race, color, or national origin unless the child is an Indian child, 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
Stats. Implemented: ORS 109.096, 109.346, 109.353, 418.205 - 418.310
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

413-215-0446

Adoptive Family Recruitment and Screening

An adoption agency (defined in OAR 413-215-0406) 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 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 and ways to foster these identities.

(e) The effects of adoption on the child 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 (defined in OAR 413-215-0406), placement, and post-legal adoption services and resources available to the adoptive family.

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

413-215-0451

Adoptive Home Requirements

(1) Home study. Before an adoption agency (defined in OAR 413-215-0406) approves a family for an adoptive placement (defined in OAR 413-215-0406) and before referring or placing a child 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 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 having special needs (defined in OAR 413-215-0406).

(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) 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.

(t) 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.

(u) Summary assessment of the home and any recommendations.

(v) 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.

(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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

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'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 children who have experienced abuse, neglect, or trauma.

(i) In the case of an intercountry adoption (defined in OAR 413-215-0406), 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 under consideration before the earliest of the following:

(a) The child is placed with them.

(b) Travel to the child'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 (defined in OAR 413-215-0406), 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 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
Stats. Implemented: ORS 418.205 - 418.310
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

413-215-0461

Evaluation and Selection of Adoptive Family

An adoption agency (defined in OAR 413-215-0406) must meet all of the following requirements regarding the placement (defined in OAR 413-215-0406) of a child:

(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.

(b) The child's need for continued contact with siblings, relatives, foster parents, and other persons significant to the child.

(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, the adoption agency must select an adoptive family who is approved by an adoption agency, consistent with the needs of the child and the recommendations in the pre-placement evaluation.

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

413-215-0466

Domestic Adoptive Placement; Adoption Agency Requirements

An adoption agency (defined in OAR 413-215-0406) must meet all of the following requirements related to a domestic placement (defined in OAR 413-215-0406):

(1) Pre-placement visit. The adoption agency must develop a written transition plan based on the developmental needs and best interests of the child. The plan must include provisions for pre-placement visits with the prospective adoptive family.

(2) Placement agreement documents. Before placing the child 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;

(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;

(c) That the pre-adoptive parents agree to participate in supervision by the adoption agency, based on the best interests of the child, 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 from the state for more than 72 hours.

(C) Placement of the child 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 the event of a disruption (defined in OAR 413-215-0406):

(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 (defined in OAR 413-215-0406) only, whether the child 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'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.

(4) Child and birth parent information. Before placing a child 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 and his or her birth parents (defined in OAR 413-215-0406), including, but not limited to:

(a) Medical data.

(b) Information about genetic, congenital, or pre-existing conditions.

(c) Information on the child'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.

(6) Post-placement supervision. The adoption agency is responsible for the child until the court has entered the general judgment of adoption. After the child 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's age and special needs (defined in OAR 413-215-0406), and the family's adjustment to the child.

(b) Any change in the adoptive family relating to health, finances, or composition that could affect the child.

(c) Providing to the adoptive parents any medical information on a child's birth family received by the adoption agency after the child 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

413-215-0471

Adoption Finalization -- Adoption Agency Requirements

(1) For the legal finalization of an adoption, an adoption agency (defined in OAR 413-215-0406) 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
Stats. Implemented: ORS 418.205 - 418.310
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

413-215-0476

Intercountry Adoptions

In addition to the requirements for adoption agencies in OAR 413-215-0401 to 413-215-0481 other than 413-215-0431(1)-(2), 413-215-0441, 413-215-0456(4)(a)(E), and 413-215-0466, an adoption agency (defined in OAR 413-215-0406) approved to provide intercountry adoptions (defined in OAR 413-215-0406) 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 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 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 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's country of origin that the necessary consents to the child's adoption have been obtained and that the necessary determination has been made that the prospective placement (defined in OAR 413-215-0406) is in the best interests of the child.

(c) The child has the proper emigration and immigration permits.

(d) The authorized service or person has the child'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's country of origin to make reasonable efforts, to obtain and provide all available information concerning a child 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 and the reasons why the child is in custody.

(b) Information concerning the child's history, including a chronology showing the persons and institutions that have had custody of and cared for the child, the nature of care provided, and the reasons for transferring custody.

(c) Information concerning the child's immediate family, including current status and location of the birth parents (defined in OAR 413-215-0406) and siblings of the child; history of abuse, neglect, or mistreatment of the child; history of alcohol and drug abuse by the birth parents; hereditary conditions; and other risk factors.

(d) Information concerning the child's cultural, racial, religious, ethnic, and linguistic background.

(e) The child'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.

(C) A history of significant illnesses or medical events, hospitalizations, and changes in the child's condition, growth data, and developmental status at the time of the child's referral for adoption.

(f) Videotapes and photographs of the child, 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 resides.

(5) An adoption agency must provide the information described in section (4) of this rule to prospective adoptive parents regarding a child 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 until the prospective adoptive parents have had at least one week to consider the needs of the child and their ability to meet those needs, and to obtain medical review of child information. The adoption agency may withdraw the referral earlier if the best interests of the child 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 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 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 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 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'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 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 placed in the home.

(d) If an adoption or re-adoption (defined in OAR 413-215-0406) 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.

(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 and the process for obtaining a social security number.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.310
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

413-215-0481

Services to Children from the United States Placed in Other Countries

Before making a plan to place a child from the United States with non-relative citizens of another country, an adoption agency (defined in OAR 413-215-0406) 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 32-2008, f. & cert. ef. 10-17-08

Licensing Residential Care Agencies

413-215-0501

Residential Care Agencies; What Law Applies

(1) Except as provided in section (2) of this rule, a private child-caring agency (defined in OAR 413-215-0006) that provides services to children 24 hours a day must be licensed in accordance with and comply with OAR 413-215-0001 to 413-215-0131 and 413-215-0501 to 413-215-0586.

(2) Academic boarding schools (OAR 413-215-0201 to 413-215-0276) and therapeutic boarding schools (OAR 413-215-0601 to 413-215-0681) are not subject to OAR 413-215-0501 to 413-215-0586.

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 413-210-0000, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0506

Definitions

When used in OAR 413-215-0501 to 413-215-0586:

(1) "Care" means services provided to meet the needs of a child, such as food, shelter, clothing, medical care, schooling, protection, and supervision.

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

(3) "Employee" means an individual holding a paid position with a residential care agency.

(4) "Facility" means the physical setting, buildings, administration, staff, equipment, and program of a residential care agency.

(5) "Family" means related members of a household, among whom at least one adult functions as a parent to one or more minor children.

(6) "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.

(7) "Resident" means any child residing in a residential care agency other than an infant who resides with an adolescent parent.

(8) "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.

(9) "Residential care agency" means a private child-caring agency (defined in OAR 413-215-0006) that provides services to children 24 hours a day.

(10) "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

413-215-0511

Physical Plant Requirements

(1) A residential care agency (defined in OAR 413-215-0506) may not allow children 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), DHS Public Health Division (see the current requirements for buildings in Chapter 333 of the Oregon Administrative Rules), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to 918-750-0140), the rules of the State Fire Marshal (see the current requirements for buildings in Chapter 837 of the Oregon Administrative Rules), 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 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.

(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.

(C) Each resident (defined in OAR 413-215-0506) who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff (defined in OAR 413-215-0506) 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, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0516

Room and Space Requirements

A residential care agency (defined in OAR 413-215-0506) must meet all of the following room and space requirements:

(1) 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 resident.

(2) Bedrooms. Bedrooms for residents 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 allowing egress from the building.

(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 residents 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 residents 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 residents.

(3) Bathrooms.

(a) Bathrooms must be provided and be conveniently located in each building containing a resident 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 residents.

(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 residents.

(E) Arrangements for residents' individual privacy.

(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.

(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.

(4) Dining area. A separate dining room or area must be provided for the exclusive use of residents, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the residents at one time and must contain a minimum of 15 square feet per resident.

(5) 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 residents' 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.

(6) Laundry area. Laundry facilities, when provided, must be separate from all of the following:

(a) Resident living areas, including bedrooms.

(b) Kitchen and dining areas.

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

(7) 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.

(8) 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 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 413-210-0100, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0521

Resident Furnishings and Personal Items

A residential care agency (defined in OAR 413-215-0506) must meet all of the following requirements:

(1) Furniture. Furniture must be provided for each resident (defined in OAR 413-215-0506) including:

(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 resident.

(2) Linens. Linens in good repair must be provided or arranged for each resident, 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 occupant.

(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 resident, 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's age, gender, and cultural needs.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided for each resident for the resident's exclusive use.

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 413-210-0130, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0526

New Facility or Remodel

A residential care agency (defined in OAR 413-215-0506) 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 (OAR 837-040-0140), the Oregon Fire Code (837-040-0010 and 837-040-0020), DHS Health Services requirements for buildings (Chapter 333 of the Oregon Administrative Rules), the Oregon Plumbing Specialty Code (OAR 918-750-0110 to 918-750-0140), the rules of the State Fire Marshal for buildings (Chapter 837 of the Oregon Administrative Rules), 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
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0531

Environmental Health

A residential care agency (defined in OAR 413-215-0506) 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 (defined in OAR 413-215-0506) and clients.

(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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0536

Food Services

A residential care agency (defined in OAR 413-215-0506) 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 (defined in OAR 413-215-0506) 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 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 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.

(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 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0541

Safety

A residential care agency (defined in OAR 413-215-0506) 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 (defined in OAR 413-215-0506) it operates, a written emergency plan that includes:

(A) Instructions for evacuation of children 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 (defined in OAR 413-215-0506) 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 occupants 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 are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The residential care agency must protect children it serves 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 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 (defined in OAR 413-215-0506) 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 it serves:

(a) Driver requirements.

(A) Each employee (defined in OAR 413-215-0506) transporting a child 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 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 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 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 served by the residential care agency must be maintained in safe operating condition.

(C) Each vehicle used to transport a child 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 must be smoke-free.

(E) Children 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0546

Health Services

(1) A residential care agency (defined in OAR 413-215-0506) 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 being placed with a residential care agency, the residential care agency must obtain available medical history and other health-related information on the child, including:

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

(b) The child'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 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) Female health care. If licensed to serve female children, a residential care agency must provide or arrange for the following health services, as applicable:

(a) Information on maintaining reproductive health.

(b) Prenatal care.

(c) Well-baby care.

(d) Fetal alcohol syndrome.

(e) Accessing child and infant health insurance programs.

(f) Screening for breast, cervical, and other common cancers.

(4) Medical examinations. A residential care agency must safeguard the health of each child 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 placement with the residential care agency.

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 413-210-0160, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0551

Medication

A residential care agency (defined in OAR 413-215-0506) 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 (defined in OAR 413-215-0506) will be administered.

(b) By whom the medication will be administered.

(c) How the staff (defined in OAR 413-215-0506) 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'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. Medications prescribed for one child may not be administered to, or self-administered by another child 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 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 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 (defined in OAR 413-215-0506). "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.

(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 for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

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

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

(a) The child's name.

(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 child's ability to self-administer a medication.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0556

Staff Training

In addition to the orientation requirements in OAR 413-215-0061(4), a residential care agency (defined in OAR 413-215-0506) must meet all of the following training requirements with respect to its staff (defined in OAR 413-215-0506):

(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) 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 residential care agency, which techniques are approved by the residential care agency and how use of these procedures is monitored. The training must be clear that the policy of the residential care agency is 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) Mandatory child abuse reporting.

(b) Procedures for handling environmental emergencies.

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

(d) Behavior management.

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

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0561

Minimum Staffing Requirements

A residential care agency (defined in OAR 413-215-0506) 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. The ratios must be adequate for the type of program, location of program, the age and type of children 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 residents (defined in OAR 413-215-0506) who are under 30 months of age — one direct care staff (defined in OAR 413-215-0506) for each four residents.

(b) For residents 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 residents.

(c) For residents who are six years of age or older, one direct care staff for each seven residents.

(2) Overnight staffing requirements.

(a) A residential care agency must have policies and procedures regarding overnight supervision of residents. The procedures must describe how staff must monitor and ensure the safety of residents during sleeping hours. If the residential care agency houses more than one child (defined in OAR 413-215-0506) 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 (defined in OAR 413-215-0506) for each 10 children.

(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 employee (defined in OAR 413-215-0506) 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 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 residents are present on the residential facility premises.

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 413-210-0080, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0566

Separation of Residents

A residential care agency (defined in OAR 413-215-0506) 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 when adults are being served by the residential care agency. Children and adults must be housed in separate bedrooms, except that a child and the child'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, 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
Stats. Implemented: ORS 418.205 - 418.327
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

413-215-0571

Referral and Initial Evaluation of Children

(1) Referral. A residential care agency (defined in OAR 413-215-0506) must have a policy that addresses the process by which children 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 (defined in OAR 413-215-0506) of children will be provided to the appropriate care staff (defined in OAR 413-215-0506).

(2) Initial evaluation of a child. A residential care agency must evaluate each child 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's past and present behavior, educational status, and physical and behavioral health.

(b) Make a preliminary determination whether the prospective child 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.

(3) A residential 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 residential care agency.

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 413-210-0170, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0576

Consents, Disclosures, and Authorizations

(1) Consents. For each child in placement with a residential care agency (defined in OAR 413-215-0506), 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 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's parent or legal guardian.

(b) To use the behavior management system of the residential care agency, including the point, level, or other behavior management techniques utilized by the residential care agency.

(c) To use restraint or seclusion in the management of the child. 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.

(e) To exclude or limit the child's possession of personal items.

(f) To impose a dress code.

(g) To restrict the child'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 residential care agency takes a child into placement, the residential care agency must ensure that each parent or legal guardian of the child 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 and parents or legal guardians served by the residential care agency. 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. The statement must explain all of the following:

(A) The child'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's right to privacy.

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

(D) The child's right to fair and equitable treatment.

(E) The right of the child or guardian to file a grievance if the child or family (defined in OAR 413-215-0506) feels that they are treated unfairly, or, if they are not in agreement with the services provided.

(F) The child's right to have personally exclusive clothing.

(G) The child's right to personal belongings.

(H) The child's right to a free and appropriate education.

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

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

(c) The residential care agency 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.

(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.

(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.

(d) Activity-specific authorizations must be pre-approved by the child'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's parent or legal guardian.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0581

Information About Children in Placement with the Agency

(1) Child's case files. For each child a residential care agency (defined in OAR 413-215-0506) 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 child's name, gender, date of birth, religious preference, and previous address.

(b) The name and location of the child's previous school.

(c) The date of admission to the program.

(d) The status of the child'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's parents.

(B) The child's legal guardian, if different than parents, and documentation of his or her legal relationship to the child.

(C) Other family members or other persons identified by the family (defined in OAR 413-215-0506) as significant to the child.

(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 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 must be served according to an individual written service plan developed by staff (defined in OAR 413-215-0506) of the residential care agency and by, whenever possible, the child, the child's family, and other professionals involved with the child 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 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's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the child 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'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 must be a participatory decision-making process between the child, 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 and the child'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 (defined in OAR 413-215-0506), 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 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. 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 for each entry.

(5) Personal possessions records. An individual written inventory must be maintained for each child of all personal possessions belonging to the child. 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 at the time of discharge.

Stat. Auth.: ORS 409.050, 418.005, 418.240, 418.327
Stats. Implemented: ORS 418.205 - 418.327
Hist.: SCF 6-1995, f. 12-22-1995, cert. ef. 12-29-1995; Renumbered from 413-120-0180, CWP 33-2008, f. & cert. ef. 10-17-08

413-215-0586

Notification to Public Schools

(1) This rule applies if a residential care agency (defined in OAR 413-215-0506) 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
Stats. Implemented: ORS 336.575, 418.205 - 418.327
Hist.: CWP 33-2008, f. & cert. ef. 10-17-08

Licensing Therapeutic Boarding Schools

413-215-0601

Therapeutic Boarding Schools; What Law Applies

(1) A therapeutic boarding school (defined in OAR 413-215-0606) must be licensed in accordance with and comply with OAR 413-215-0001 to 413-215-0131 and OAR 413-215-0601 to 413-215-0681.

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

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

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

413-215-0611

Educational Services

The educational services of a therapeutic boarding school (defined in OAR 413-215-0606) 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 students (defined in OAR 413-215-0606).

(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 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08

413-215-0616

Physical Plant Requirements

A therapeutic boarding school (defined in OAR 413-215-0606) must meet all of the following requirements:

(1) All buildings owned, maintained, or operated by the therapeutic boarding school to provide services to students (defined in OAR 413-215-0606) must meet all applicable state and local building, electrical, plumbing, and zoning codes.

(2) Each room used by students 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.

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

(4) A system providing a continuous supply of hot and cold water must be distributed to taps conveniently located throughout each facility (defined in OAR 413-215-0606).

(5) Water systems serving the property must be installed and maintained in compliance with applicable drinking water regulations (Chapter 333 of the Oregon Administrative Rules) from the Public Health Division of the Department of Human Services.

(6) 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.

(7) Individual rooms.

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

(b) Bedrooms. Bedrooms for students 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 students 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 students 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 students.

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

(A) A minimum of one toilet for every eight students.

(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) Student living areas, including bedrooms; 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 students, employees, and invited guests. The dining area must have the capacity to seat at least one-half of the students at one time and must contain a minimum of 15 square feet per student.

(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 students served by the therapeutic boarding school.

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

413-215-0621

Student Furnishings and Personal Items

A therapeutic boarding school (defined in OAR 413-215-0606) must meet all of the following requirements:

(1) Furniture. Furniture must be provided for each student (defined in OAR 413-215-0606) including:

(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 student.

(2) Linens. Linens in good repair must be provided or arranged for each student, 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 student; 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 student's age, gender, and culture must be provided or arranged for each student, 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 student.

(5) Clothing. Adequate and seasonally appropriate clothing must be provided or arranged for each student for the exclusive use of the student.

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

413-215-0626

New Facility or Remodel

A therapeutic boarding school (defined in OAR 413-215-0606) 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 413-215-0601 to 413-215-0681.

(2) The required plans must comply with both current Oregon Structural Specialty Codes (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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08

413-215-0631

Environmental Health

A therapeutic boarding school (defined in OAR 413-215-0606) 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 clients.

(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 handing 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08

413-215-0636

Food Services

A therapeutic boarding school (defined in OAR 413-215-0606) 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 students (defined in OAR 413-215-0606).

(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 students 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 students must have a valid food handlers 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 students.

(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) Students 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08

413-215-0641

Safety

A therapeutic boarding school (defined in OAR 413-215-0606) 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 (defined in OAR 413-215-0606) it operates, a written emergency plan that includes:

(A) Instructions for evacuation of students 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 (defined in OAR 413-215-0606) 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 occupants 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 students are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The therapeutic boarding school must protect students 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 students 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 students. Direct supervision by staff must be provided for any student 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 students it serves:

(a) Driver requirements.

(A) Each employee (defined in OAR 413-215-0606) transporting a student 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 students 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 student 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 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 student 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 student served by the therapeutic boarding school must be maintained in safe operating condition.

(C) Each vehicle used to transport a student 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 student must be smoke-free.

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

413-215-0646

Health Services

(1) A therapeutic boarding school (defined in OAR 413-215-0606) 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 student (defined in OAR 413-215-0606) 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 student'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 (defined in OAR 413-215-0606), if any.

(3) A therapeutic boarding school must have established protocols for accessing routine and urgent care (defined in OAR 413-215-0606) for the students in placement with the therapeutic boarding school.

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

413-215-0651

Medication

A therapeutic boarding school (defined in OAR 413-215-0606) 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 (defined in OAR 413-215-0606) 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 (defined in OAR 413-215-0606) 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 student (defined in OAR 413-215-0606) 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 student. Medication prescribed for one student may not be administered to, or self-administered by another student or staff. As used in this rule, "self administration of medication" refers to the act of a student 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 (defined in OAR 413-215-0606). "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 children.

(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 student for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

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

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

(a) The student's name.

(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 student's ability to self-administer a medication.

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

413-215-0656

Staff Training

In addition to the orientation requirements in OAR 413-215-0061(4), a therapeutic boarding school (defined in OAR 413-215-0606) must meet all of the following training requirements with respect to its staff (defined in OAR 413-215-0606):

(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) 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 students (defined in OAR 413-215-0606) 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) Mandatory child abuse reporting.

(b) Procedures for handling environmental emergencies.

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

(d) Behavior management.

(3) At all times, at least one of the staff of the therapeutic boarding school working with students 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
Stats. Implemented: ORS 409.010, 418.005, 418.327
Hist.: CWP 34-2008, f. & cert. ef. 10-17-08

413-215-0661

Minimum Staffing Requirements

A therapeutic boarding school (defined in OAR 413-215-0606) must meet all of the following requirements:

(1) Minimum staffing patterns. The therapeutic boarding school must establish ratios of staff (defined in OAR 413-215-0606) to students (defined in OAR 413-215-0606) that will provide adequate supervision and protection for students. The ratios must be adequate for the type of program, location of program, the age and type of students 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 students.

(2) Overnight staffing requirements.

(a) A therapeutic boarding school must have policies and procedures regarding overnight supervision of students. The procedures must describe how staff must monitor and ensure the safety of students during sleeping hours. If the therapeutic boarding school houses more than one student 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 students.

(3) Additional staffing requirements for emergency response.

(a) When there is only one employee (defined in OAR 413-215-0606) 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 students are present on the residential facility premises.

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

413-215-0666

Separation of Students

A therapeutic boarding school (defined in OAR 413-215-0606) 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 when adults are being served by the therapeutic boarding school. Children and adults must be housed in separate bedrooms, except that a child (defined in OAR 413-215-0606) and the child's parent may be housed in the same room if the parent is the student's caretaker. If a youth is 18 years of age or older, and is to share a bedroom with a child, 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. Student bedrooms for males must be separated from bedrooms for females.

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

413-215-0671

Referral and Initial Evaluation of Students

(1) Referral. A therapeutic boarding school (defined in OAR 413-215-0606) must have a policy that addresses the process by which students (defined in OAR 413-215-0606) 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 students are accepted by the therapeutic boarding school.

(c) How information necessary to provide for the safety and care of students will be provided to the appropriate care staff (defined in OAR 413-215-0606).

(2) Initial evaluation of a student. A therapeutic boarding school must evaluate each prospective student referred to the therapeutic boarding school. In conducting the evaluation, the therapeutic boarding school must:

(a) Request and review all available reports of the student's past and present behavior, educational status, and physical and behavioral health.

(b) Make a preliminary determination whether the prospective student 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 student.

(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 student is not accepted by the therapeutic boarding school.

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

413-215-0676

Consents, Disclosures, and Authorizations

(1) Consents. For each student (defined in OAR 413-215-0606) in placement with a therapeutic boarding school (defined in OAR 413-215-0676), 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 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 student's parent or legal guardian.

(b) To use the behavior management system of the therapeutic boarding school, including the point, level, or other behavior management techniques utilized by the therapeutic boarding school.

(c) To use restraint or seclusion in the management of the student. 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.

(e) To exclude or limit the student's possession of personal items.

(f) To impose a dress code.

(g) To restrict the student'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 student into placement, the therapeutic boarding school must ensure that each parent or legal guardian of the student 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 students and parents or legal guardians served by the therapeutic boarding school. The statement must be written in a manner that is easy to understand, and the therapeutic boarding school must ensure that the student and the parent or legal guardian understand the statement. The statement must explain all of the following:

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

(B) The student's right to privacy.

(C) The student's right to participate in service planning.

(D) The student's right to fair and equitable treatment.

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

(F) The student's right to have personally exclusive clothing.

(G) The student's right to personal belongings.

(H) The student's right to an appropriate education.

(I) The student's right to participate in recreation and leisure activities.

(J) The student's right to have timely access to physical and behavioral health care services

(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 student, 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 student-specific visitors must be approved or authorized by a parent or legal guardian.

(c) Visitation resources must be pre-approved by the student'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 student's parent or legal guardian to allow students 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 student's parent or legal guardian.

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

413-215-0681

Information about Students in Placement with the Therapeutic Boarding School

(1) Case files of students. For each student (defined in OAR 413-215-0606) a therapeutic boarding school (defined in OAR 413-215-0606) 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 student's name, gender, date of birth, religious preference, and previous address.

(b) The name and location of the student's previous school.

(c) The date of admission to the program.

(d) The status of the student's legal custody, including the name of each person responsible for consents and authorizations.

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

(A) The student's parents.

(B) The student's legal guardian, if different than parents, and his or her legal relationship to the student.

(C) Other family members or other persons identified by the family as significant to the student.

(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 student for placement, except in the case of an emergency placement when the intake document must be completed within 48 hours of admission.

(c) Each student must be served according to an individual written service plan developed by staff of the therapeutic boarding school and including, whenever possible, the student, the student's family, and other professionals involved with the student 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 must be developed by staff of therapeutic boarding school in conjunction with the student 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 student's issues, describe the anticipated outcomes of the placement, and be reviewed and approved by the student 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 agency must document services provided, as necessary, to track and monitor progress toward the achievement of service plan goals.

(b) Discharge. The agency must identify how a student'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 students must be a participatory decision-making process between the student, agency 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 agency must provide the student and the student's guardian with discharge instructions on or before the discharge date, including current medications, name of the doctor who prescribed each medication (defined in OAR 413-215-0606), any outstanding medical or other appointments, and other follow-up instructions as needed.

(e) Follow-up services. The 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 student must be placed in the individual student's record.

(4) Financial records. An agency must keep a written record for each student, itemizing all money received or disbursed on behalf of the student. 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 student for each entry.

(5) The 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 student at the time of discharge.

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

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 agencies that provide residential services for homeless or runaway youth, pregnant or parenting girls, or other youth working towards independent living.

(2) A private child-caring agency (defined in OAR 413-215-0006) that provides residential services for homeless or runaway youth (defined in OAR 413-215-0706), pregnant or parenting girls, or other youth working towards independent living must be licensed in accordance with ORS 418.205 to 418.310 and these rules, as well as OAR 413-215-0001 to 413-215-0131, which set forth the requirements of the Department for licensing all types of private child-caring agencies.

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

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

413-215-0711

Governance of the Agency

In addition to the governing board requirements in OAR 413-215-0021:

(1) An agency (defined in OAR 413-215-0706) must be directed by a governing board composed of a representative cross-section of the community, including youth, parents, and employees of the agency.

(2) An 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0716

Client Rights

(1) An agency (defined in OAR 413-215-0706) must ensure that youth are actively involved in the design, delivery, and ongoing planning of the services provided by the program.

(2) An agency must ensure that nutritional needs are met as appropriate for each youth.

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

413-215-0721

Staffing Requirements

(1) An agency (defined in OAR 413-215-0706) 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) An agency must have a ratio of staff to youth that is sufficient to ensure that youth receive adequate supervision and services.

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

413-215-0726

Staff Development and Training

An agency (defined in OAR 413-215-0706) must follow all of the following requirements:

(1) Initial training. Before being alone with a youth or being temporarily the only staff in charge of one or more youth, 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 youth 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. An 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) Requirements to report child abuse.

(b) Confidentiality requirements.

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

(d) 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0731

Admissions and Assessments

An agency (defined in OAR 413-215-0706) must follow all of the following requirements, except with respect to a mass shelter (defined in OAR 413-215-0706):

(1) The agency must provide services to youth according to written policies that list the specific criteria under which youth are accepted for placement.

(2) Assessment. To determine the appropriateness of each youth 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 youth.

(3) Each assessment must include a statement about whether or not the youth meets the eligibility requirements necessary to be admitted into the program.

(4) Prior to admitting a youth, the agency must provide the youth with an explanation of the available services and the requirements for participation.

(5) After a youth is admitted, the assessment must be the basis for the youth's individual service plan (defined in OAR 413-215-0706).

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

413-215-0736

Individual Service Planning

An agency (defined in OAR 413-215-0706) must follow all of the following requirements, except with respect to a mass shelter (defined in OAR 413-215-0706):

(1) The agency must make services available that will meet the needs of each youth in the program.

(2) The agency must serve each youth according to an individual service plan (defined in OAR 413-215-0706) based on the assessment.

(a) Whenever possible, the individual service plan must include the youth and his or her family, staff, and other involved parties.

(b) The program must provide competent and individualized service planning for each youth that includes at least a monthly review of the individual service plan and changes as needed.

(c) The individual service plan must address, at a minimum, the youth's physical and medical needs, behavior management issues, mental health treatment needs, education plans, and any other special needs.

(3) The agency must make reasonable efforts to ensure participation by the youth'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 youth early in the process, preferably within 24 hours but no later than 72 hours following the youth's admission into the program.

(b) Make a program orientation available to the youth's family.

(c) Encourage participation by a parent in the program. If the youth's parent cannot participate in the program, the agency must encourage participation by those responsible for the youth'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 youth'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 agency must establish and maintain links to community agencies and individuals who can provide required services to youth 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 youth or their families.

(6) Discharge summary. The agency must prepare a written discharge summary of each youth served by the program and retain this document in the youth's file. The document must include:

(a) A summary of the youth's participation in the program and the progress achieved.

(b) Results of evaluations of the youth.

(c) Condition of the youth.

(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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0741

Client Files

(1) General requirements. Except with respect to youth in a mass shelter individual service plan operated by the agency (defined in OAR 413-215-0706), an agency must maintain an individual file on each youth admitted into the program.

(2) Youth file requirements. An agency must have a file on the premises for each youth 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 youth's family or legal guardian to enable the staff of the agency to contact them at any time.

(b) Custody status of the youth.

(c) An authorization for medical treatment.

(d) A signed consent for the agency to treat the youth with the interventions in use at the program.

(e) A signed acknowledgment that the youth is responsible for requesting their medication at the prescribed times.

(f) The assessment described in OAR 413-215-0731.

(g) The individual service plan required by OAR 413-215-0736.

(h) Documentation about the youth's illnesses and injuries, including the follow up that was provided by the agency.

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

413-215-0746

Medication Storage and Dispensing

(1) An agency (defined in OAR 413-215-0706) 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 youth.

(3) Medication dispensing.

(a) Youth 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 (defined in OAR 413-215-0706), 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 youth 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 youth'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 youth 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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0751

Health and Hygiene

(1) An agency (defined in OAR 413-215-0706) must have and follow policies that ensure the prompt and accurate assessment and care of injuries, illness, and physical complaints of youth.

(2) An agency must provide youth with access to a bathroom and a shower.

Stat. Auth.: ORS 409.050, 418.005, ORS 418.240
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0756

Grouping

(1) An agency (defined in OAR 413-215-0706) must have and follow written policies regarding the grouping of youth.

(2) Except as provided in section (3) of this rule, an agency must place youth 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 qualified youth with a disability may be served in the most integrated setting appropriate to the needs of the youth within the context of the program. For purposes of this section:

(a) A "qualified youth" means a youth 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.

(b) "Integrated Setting" means a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.

(4) Placement with adults. An agency may place youth in the same group as emancipated youth or adults only after taking special care to assess and minimize the risk to the youth.

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

413-215-0761

Safety

An agency (defined at 413-215-0706) 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 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 agency must comply with existing state and local fire safety codes.

(2) Emergency plan.

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

(A) Instructions for evacuation of youth 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 an agency uses a vehicle to transport a youth participating in a program, the 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 youth.

(b) Each driver must have an Oregon driver license valid for the vehicle used and must comply with all applicable traffic laws while transporting youth.

(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 agency must ensure that each person who transports youth 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. An agency must require its staff to confiscate items prohibited by the agency that are found in the possession of a youth. All such items must be disposed of or stored for a youth in a secure location that is inaccessible to youth.

(5) Searches. An 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 youth, 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 youth, but only when the agency determines the search is necessary to discourage the introduction of contraband or to promote the safety of staff and other youth. 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 youth must be given warning of the search.

(D) Prior to the search, the youth should remove all outer clothing, for instance, gloves, coat, hat, and shoes, and empty all pockets.

(E) Once the youth has removed all outer clothing, the staff member conducting the search must then pat the clothing of the youth using only enough contact to conduct an appropriate search.

(F) If anything suspicious is detected during the search, the youth must be asked to identify the item, and appropriate steps should be taken to make the item available for inspection.

(G) If the youth refuses to comply with a requirement of the search, the program must follow established policies to determine if the youth can be refused admission to or discharged from the program.

(d) Prohibit the use of strip searches of youth.

(e) Prohibit the use of body-cavity searches of youth.

(6) Building Requirements.

(a) An agency may not allow youth 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 Department's Public Health Division (see the current requirements for buildings in Chapter 333 of the Oregon Administrative Rules), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to 918-750-0140), the rules of the State Fire Marshal (see the current requirements for buildings in Chapter 837 of the Oregon Administrative Rules), and the local building, fire, and safety codes.

(b) An agency must ensure that all of the following standards are met:

(A) All buildings where youth are present must be smoke-free.

(B) 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.

(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 youth.

(iii) Each youth who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the 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 of unpleasant odors.

(c) Bathrooms.

(A) Bathrooms must be provided and be conveniently located in each building containing youth, and must have all of the following:

(i) A minimum of one toilet and one hand-washing sink with mixing faucets for each eight youth.

(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 youth.

(v) Arrangements for individual privacy of youth.

(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
Stats. Implemented: ORS 418.205 - 418.310
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

413-215-0766

Environmental Health

An agency (defined at OAR 413-215-0706) must meet all of the following requirements:

(1) The program of the agency must maintain an environment that ensures safety for program staff and clients.

(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
Stats. Implemented: ORS 418.205 - 418.327
Hist.: CWP 35-2008, f. & cert. ef. 10-17-08

Licensing Day Treatment Agencies

413-215-0801

Day Treatment Agencies, What Law Applies

(1) Except as provided in section (2) of this rule, a private child caring agency (defined in OAR 413-215-0006) that provides day treatment services subject to the certificate of approval requirements of OAR 309-032-1120 must:

(a) Be licensed in accordance with and comply with OAR 413-215-0001 to 413-215-0131 and 413-215-0801 to 413-215-0856; and

(b) Comply with OAR 309-032-1100 to 309-032-1230, including the program service requirements.

(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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

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 OAR 309-032-1100 to 309-032-1230.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0811

Staff Qualifications and Minimum Staffing Requirements

(1) A day treatment agency (defined in OAR 413-215-0806) must utilize teachers licensed in accordance with the requirements of the Teachers Standards and Practices Commission.

(2) A qualified clinical supervisor (defined in OAR 413-215-0806) 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 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0816

Physical Plant Requirements

A day treatment agency (defined in OAR 413-215-0806) 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) Each room used by children 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.

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

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

(5) Water systems serving the property must be installed and maintained in compliance with the applicable Department of Human Services, Public Health Division drinking water regulations (Chapter 333 of the Oregon Administrative Rules).

(6) 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.

(7) Individual Rooms.

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

(A) A minimum of one toilet for every 15 children.

(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 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) 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 served by the day treatment agency.

(8) Furnishings and personal items.

(a) A day treatment agency must provide appropriate furniture for a learning environment.

(b) Each child 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0821

Building Plans for New Facility or Remodel

A day treatment agency (defined in OAR 413-215-0806) 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 (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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0826

Environmental Health

A day treatment agency (defined in OAR 413-215-0806) 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 clients.

(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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0831

Food Services

A day treatment agency (defined in OAR 413-215-0806) 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 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 must have a valid food handlers 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.

(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 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0836

Safety

A day treatment agency (defined in OAR 413-215-0806) 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 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 occupants 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 are aware of the procedures to follow in case of emergencies.

(4) Hazards.

(a) The day treatment agency must protect children it serves 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 addresses potentially harmful materials that are in the building accessible to the children 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 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 it serves:

(a) Driver requirements.

(A) Each employee transporting children 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 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 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 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 served by the day treatment agency must be maintained in safe operating condition.

(C) Each vehicle used to transport a child 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 must be smoke-free.

(E) Children 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0841

Health Services

A day treatment agency (defined in OAR 413-215-0806) must provide oversight of the clinical aspects of health care provided to children and must provide psychiatric on-call consultation at all times.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0846

Medication

A day treatment agency (defined in OAR 413-215-0806) 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'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. Medications prescribed for one child may not be administered to, or self-administered by another child 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 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'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 for whom the medication was prescribed.

(c) The reason for disposal.

(d) The method of disposal.

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

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

(a) The child's name.

(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 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0851

Requirement to Have Policies and Procedures

A day treatment agency (defined in OAR 413-215-0806) 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 served.

(5) Psychiatric, therapeutic, or counseling services offered.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

413-215-0856

Educational Services

The educational services of a day treatment agency (defined in OAR 413-215-0806) 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 students.

(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 students 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
Stats. Implemented: ORS 418.205 - 418.325
Hist.: CWP 36-2008, f. & cert. ef. 10-17-08

Licensing Outdoor Youth Programs

413-215-0901

Purpose and Applicability of Rules

(1) Values. The State of Oregon, through the statutorily required adoption of administrative rules for licensing outdoor youth programs, has determined that the services provided by these programs are an important and valuable resource option for children, youth and families and the continued provision of these services is in the State's interest. Application of the rules is intended to recognize the treatment values of the outdoor youth wilderness experience and, to the extent that the required elements of safety and accountability are in place, to facilitate the provision of appropriate wilderness youth treatment programs in Oregon.

(2) Required compliance. OAR 413-215-0001 to 413-215-0131 and 413-215-0901 to 413-215-1031 set forth the Department requirements for licensing private child caring agencies providing outdoor youth programs, subject to Oregon laws governing private 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.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; CWP 1-2004, f. & cert. ef. 1-9-04; Renumbered from 413-210-0800, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0906

General Provisions

(1) License required. No private child-caring agency (defined in OAR 413-215-0006) may operate an outdoor youth program (defined in OAR 413-215-0911) in Oregon without a valid license issued by the Department in accordance with OAR 413-215-0001 to 413-215-0131 and 413-215-0901 to 413-215-1031.

(2) Compliance required. Any agency which provides the services of an outdoor youth program must comply with these rules governing outdoor youth programs (OAR 413-215-0901 to 413-215-1031) and 413-215-0001 to 413-215-0131.

(3) Stationary Outdoor Youth Program additional license requirement. An outdoor youth program that operates as a stationary outdoor youth program (defined in OAR 413-215-0911) must secure an Organizational Camp License as described in OAR 333-030-0005 to 333-030-0130 from the Oregon Department of Human Services, Public Health Division.

(4) 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 of the Bond on file with the Department at all times.

(5) Workers' Compensation. An outdoor youth program must comply with all provisions of ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. The outdoor youth program must ensure that each of its subcontractors complies with these requirements.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; CWP 1-2004, f. & cert. ef. 1-9-04; CWP 7-2007, f. & cert. ef. 5-1-07; Renumbered from 413-210-0806, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0911

Definitions

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

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

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

(3) "Department" means the Department of Human Services.

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0803, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0916

Administration

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

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

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

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

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

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

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

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

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

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

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

(e) Medical forms;

(f) Authorization for medical treatment; and

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0809, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0918

Consents, Disclosures, and Authorizations

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

(a) To provide routine and emergency medical care.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: CWP 7-2013, f. & cert. ef. 10-1-13; CWP 3-2014, f. 1-31-14, cert. ef. 2-1-14

413-215-0921

Participant Clothing, Equipment and Suppliesu

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

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

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

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

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

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

(d) Personal hygiene items necessary for cleansing.

(e) Appropriate feminine hygiene supplies.

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

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

(B) A tarp or poncho.

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0868, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0926

Water Requirements

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0864, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0931

Nutritional Requirements

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

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

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

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

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

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

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

(c) A weekly opportunity for total body hygiene.

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0866, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0936

Safety

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

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

(b) Environmental Hazards.

(c) Risk Management Procedures.

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

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

(a) Designation of authority and staff assignments;

(b) Plans for evacuation;

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0852, 413-210-0855, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0941

Potential Weapons

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0870, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0946

Contraband

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0880, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-1

413-215-0951

Searches

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

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

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

(A) By staff trained in proper search techniques;

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

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

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

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

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

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

(H) All searches must be documented in writing.

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

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

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0883, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0956

Transportation

(1) Vehicle. Transportation of youth in an outdoor youth program (defined in OAR 413-215-0911) must be in a vehicle that is:

(a) Properly registered;

(b) Covered by insurance for personal injury and liability;

(c) Driven by a person with a valid driver's license for the type of vehicle who complies with all applicable traffic laws while transporting youth;

(d) Maintained in a safe condition;

(e) Equipped with a red triangle reflector device for use in emergency;

(f) Equipped with a first aid kit; and

(g) Equipped with a fire extinguisher that is properly secured and not readily available to youth.

(2) Proper seating of youth and adults. Youth and adults in an outdoor youth program must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads. An outdoor youth program must take all reasonable steps to assure the safety of youth and adults traveling in off road vehicles.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0846, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0961

Health Services

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

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

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

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

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

(B) Include strenuous exercise; and

(C) Expose youth to cold or hot temperatures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Heart rate;

(b) Check of extremities;

(c) Condition of skin;

(d) Allergies if any;

(e) General physical condition;

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

(g) Provision of appropriate medical treatment if needed.

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

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

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

(a) The youth's name;

(b) The name of the medication;

(c) The date and time;

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

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

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

(15) Disposal of unused medication.

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0815, 413-210-0839, 413-210-0862, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0966

Staff Qualifications and Requirements

(1) Staff written policy requirements. An outdoor youth program (defined in OAR 413-215-0911) must have written policy regarding minimum staff requirements.

(2) Verification. An outdoor youth program must verify qualifications of staff through documentation of minimum requirements for work experience, education, and classroom instruction.

(3) Required staff positions.

(a) An outdoor youth program which provides outdoor youth programming as its primary function must have an executive director. The executive director may also function as the field director if the executive director meets those qualifications. In addition to meeting the requirements in OAR 413-215-0021(3)-(4), the executive director must comply with all of the following:

(A) Be at least 25 years of age.

(B) Have one of the following qualifications at time of hire:

(i) Five years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(ii) A Bachelor's degree and four years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(iii) A Master's degree and three years of paid full time experience in the social services or wilderness field with at least one year in a paid administrative capacity.

(C) Have knowledge and experience demonstrating competence in the performance or oversight of the following essential job functions: program planning and budgeting, fiscal management, supervision of staff, personnel management, employee performance assessment, data collection, reporting, program evaluation, quality assurance, and developing and maintaining community resources.

(D) Demonstrate by his or her conduct the competencies required by this rule and compliance with the program policies and procedures implementing these rules.

(E) Have completed the field training as required by OAR 413-215-0981(3).

(b) Field director. An outdoor youth program must have a field director who is primarily responsible for the quality of each outdoor youth program activity (defined in OAR 413-215-0911), coordinates field operation, supervises direct care staff, and manages the field office. The field director must:

(A) Be at least 25 years of age;

(B) Have a minimum of 30 college level semester hours or 45 quarter hours in recreational therapy or in a related field or one year of outdoor youth program field experience;

(C) Demonstrate knowledge and understanding of applicable licensing rules;

(D) Have completed the field training as required by OAR 413-215-0981(3);

(E) Hold a Wilderness First Responder (WFR) certificate or equivalent; and

(F) Have completed an approved course in nonviolent crisis intervention.

(c) Senior field staff. An outdoor youth program must have a senior field staff working directly with each group of program youth. Senior field staff must:

(A) Be at least 21 years of age;

(B) Have an associate degree or high school diploma or equivalent with 30 college level semester hours or 45 quarter hours of study or comparable experience and training in a field related to recreation and outdoor youth program activity;

(C) Have a minimum of forty 24-hour field days of program experience or equivalent experience in outdoor programs documented in the personnel file;

(D) Have completed the field training as required by OAR 413-215-0981(3);

(E) Hold a Wilderness First Responder (WFR) certificate or equivalent; and

(F) Have completed an approved course in nonviolent crisis intervention.

(d) Field staff. Each field staff member of an outdoor youth program must:

(A) Be at least 21 years of age;

(B) Have a high school diploma, or its equivalent, or comparable experience directly relevant to assigned outdoor youth program responsibilities;

(C) Have completed the field training as required by OAR 413-215-0981(3); and

(D) Be certified to provide cardiopulmonary resuscitation (CPR) and first aid.

(4) Specific Outdoor Youth Program activity training. All staff of an outdoor youth program must have documented training and experience in conducting any outdoor youth program activity he or she is assigned to conduct.

(5) Multidisciplinary team. An outdoor youth program must have a multidisciplinary team of staff or consultants who have knowledge of the physical and emotional demands of the program and are available to program youth and staff upon the recommendation of the field director or senior field staff. The multidisciplinary team must also be available to outdoor youth program staff upon request for consultation regarding the appropriateness of admission of youth. At a minimum, the team must consist of:

(a) A licensed health care professional (physician, doctor of osteopathy, nurse practitioner, or physician's assistant);

(b) A treatment professional who is a licensed or certified psychologist, clinical social worker, marriage and family counselor, or professional counselor; and

(c) If the program does not exclude clients with substance abuse problems, the multidisciplinary team must include a professional who is a Certified Alcohol Drug Counselor or who has demonstrated equivalent experience and training in the field of alcohol and drug abuse counseling.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; CWP 1-2004, f. & cert. ef. 1-9-04; Renumbered from 413-210-0821, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0971

Staff Health Requirements

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

(1) Staff health requirements. The outdoor youth program staff members having responsibility for youth must be free of infectious diseases and must be capable of competently fulfilling all responsibilities reasonably associated with their employment.

(2) Health history questionnaire. As part of orientation, and annually thereafter, staff must complete a health history questionnaire similar to that completed by the youth entering the program. It must include injuries or ailments that might affect the ability to function well in the field, or put other field staff or youth at risk of injury or infection.

(3) Health history questionnaire content. The health history questionnaire must include but not be limited to the following content areas:

(a) Standard physical health questions, including history of infectious diseases;

(b) History of physical injuries; and

(c) History of drug or alcohol abuse or dependence that required residential or outpatient treatment, or that might currently interfere with employment responsibilities.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0824, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0976

Physical Activity Limits and Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0858, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0981

Staff Training

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

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

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

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

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

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

(d) Risk management procedures and safety precautions;

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

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

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

(h) Emergency plan.

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

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

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

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

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

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

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

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

(A) Acclimation.

(B) Exposure to the environment and environmental elements.

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

(D) Foot blisters.

(E) Diarrhea.

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

(G) Bites and Stings.

(H) Allergic reactions.

(I) Gender specific health issues.

(h) First aid kit contents and use.

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

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

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

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

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0830, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0986

Youth Staff Ratios

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

(1) Youth staff ratio policy. The outdoor youth program must have written policy and maintain documentation of program compliance on youth staff ratios.

(2) Group size. For a field group, the number of participants may not exceed twelve youth (defined in OAR 413-215-0911).

(3) Staffing ratio. Each group of two or more youth must be staffed as follows:

(a) By at least two staff members, one of whom must be a senior field staff member;

(b) There must be at least one staff member to every three youth;

(c) Where the gender of a group is mixed, there must be at least one female staff and one male staff member;

(d) There must be a minimum of five years difference in age between a direct care staff member and the youth for whom the staff member has sole supervision; and

(e) Volunteers and interns may not be included in the staff youth ratio unless they meet the qualifications required of staff.

(4) Wilderness first responder (WFR). At least one staff member per group must have a current Wilderness First Responder (WFR) Certificate or equivalent.

(5) Nonviolent crisis intervention training. At least one staff per group must be trained in nonviolent crisis intervention.

(6) Field staff training.

(a) There may not at any time be more than one staff member who has not completed all field training.

(b) Where there are four or more youth, at least two staff members must have completed all field training.

(7) Stationary Outdoor Youth Program staffing ratios.

(a) There must be at least one staff member to every three youth while a stationary outdoor youth program (defined in OAR 413-215-0911) is engaging in an outdoor youth program activity (defined in OAR 413-215-0911), whether at or away from the stationary camp.

(b) A stationary outdoor youth program when not engaged in an outdoor youth program activity at the stationary camp is exempt from the one staff member to every three youth staffing ratio. Staff youth ratios must be established to provide supervision and protection for youth and must be adequate in relationship to the type of program, location of program, age and type of youth served, physical plant design, location and ability of supervisor to respond, backup systems, or any other means to assure a high standard of supervision and protection:

(A) There must be at least one staff member to every ten youth during the time youth are awake and present in the program.

(B) There must be at least one staff member on duty to every fourteen youth during sleeping hours. If staff is sleeping, there must be at least one staff member on duty to every seven youth during sleeping hours.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0827, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0991

Age Grouping

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

(1) Minimum Age. A participant in the outdoor youth program must be at least ten years of age.

(2) Grouping. The outdoor youth program must have policy and documentation regarding age grouping. An outdoor youth program may place youth in groups only after taking into consideration these factors: the age, developmental level, physical maturity, social maturity, behavioral functioning, cognitive level, diagnosis (if any), and individual needs of each youth.

(3) Placement of youth age 10 years through 12 years. An outdoor youth program may place youth ten years of age through twelve years of age only in a program component designed for this age group, unless the outdoor youth program has been granted an exception by the Department licensing coordinator.

(4) Placement with adults. If the outdoor youth program serves adults age eighteen years of age or older, it may place youth in the same group as adults only after taking special care to assess and minimize the risk to the youth.

(5) Placement decisions. An outdoor youth program must make placements of youth in groups to maximize each youth's functioning and minimize the possibility of exploitation. In making the placement decision in section (4) of this rule or in deciding to request an exception to place a youth age ten years of age through twelve years of age in an older group, an assigned staff member with documented experience placing youth in groups and who is familiar with the outdoor youth program must:

(a) Base the placement on the factors listed in section (2) of this rule;

(b) Document the basis for the decision and the appropriateness of the placement in the youth's service plan; and

(c) Review the therapeutic appropriateness of the decision every week after the placement, document whether the decision remains appropriate, and make any changes indicated.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0818, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-0992

Referral and Initial Evaluation of Youth

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

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

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

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

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

(3) Exclusionary policy.

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

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

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

(B) Youth with active psychosis.

(C) Youth with current risk of suicide.

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

(E) Youth with any significant mental health diagnosis.

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: CWP 7-2013, f. & cert. ef. 10-1-13

413-215-0996

Program Services

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

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

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

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

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

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

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

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

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

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

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

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

(e) Field entry.

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

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

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

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

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

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

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

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

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

(a) Encourage parent participation in the intake process;

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0812, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1001

Critical Incident Program

(1) Quality improvement program. An outdoor youth program (defined in OAR 413-215-0911) must have a written quality improvement program which identifies and defines critical incidents, includes a response to each type of critical incident, and includes procedures for the review of critical incidents.

(2) Critical incident training. An outdoor youth program must train staff in critical incident prevention, identification, and response.

(3) Documentation of critical incidents. The outdoor youth program staff must document each critical incident as follows:

(a) Record each incident in the common daily log and complete an incident report immediately following the incident;

(b) Categorize each incident as to type and seriousness;

(c) Record the results of staff debriefing of each critical incident; and

(d) Management must document review of each critical incident report within 24 hours of receipt.

(4) Review of critical incidents. An outdoor youth program must have procedures for review of critical incidents which include management and board review of critical incidents and a process for deciding if revisions to program policy and procedures, operations, or training are warranted for quality improvement.

(5) Documentation of critical incident review. An outdoor youth program must document in writing the process and results of its review of critical incidents and resulting program quality improvements if any and must provide this information to staff.

(6) Near miss. An outdoor youth program must review any near miss and determine whether to respond to it as if it were a critical incident in accordance with this rule. For purposes of this rule, "near miss" means:

(a) A close call;

(b) A potentially dangerous situation where safety was compromised but that did not result in injury; or

(c) An unplanned and unforeseen event after which those involved express relief that the incident ended without harm.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0860, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-1006

Field Outdoor Youth Program Activities

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

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

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

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

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

(c) Youth background and any potential problems.

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

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0833, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1011

Communication

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0836, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1016

Work

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0841, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1021

Animals and Pets

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

(1) Animals and pets must be free from disease and cared for in a safe and clean manner.

(2) An outdoor youth program must take reasonable measures to assure that youth are not exposed to danger from animals.

(3) All domestic animals and pets must be vaccinated against rabies. Documentation of the vaccination against rabies must be available in the responsible employee's personnel file.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0843, CWP 28-2008, f. & cert. ef. 10-17-08

413-215-1026

Solo Experiences in Outdoor Youth Programs

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0849, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

413-215-1031

Behavior Management

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

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

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

(3) Physical assist.

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

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

(4) Time out.

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 409.050, 418.005, 418.240
Stats. Implemented: ORS 409.010, 418.205 - 418.325, 418.990 - 418.998
Hist.: SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0872, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13

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