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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 330

POLICY

Criteria for Personal and Professional Services Contracting

413-330-0000

Definitions

(1) “Consideration”: To perform or provide something of value in exchange for something of value.

(2) “Independent Contractor”: An independent contractor is distinguished from an employe by the following characteristics:

(a) An independent contractor is free from control and direction as to the methods or strategy used to provide the agreed-upon service; and

(b) Such independent contractor is customarily engaged in an independently-established business of the same nature as that involved in the contract of service.

(3) “Personal and Professional Service Contract”: Contracts for services performed as an independent contractor in the professional capacity, including but not limited to the services of an attorney, physician or dentist; contracts for services of a specialized, creative, and research oriented, non-commercial nature; contracts for services as a consultant or trainer; and contracts for human care and treatment, education services, consultation and training.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0010

Contract Principles

(1) The State utilizes contracts to pay for personal and professional services provided by an organization or private individual. State law normally prohibits payment for personal and professional services which are provided prior to there being an appropriately written, fully signed contract. Any person who authorizes services to be performed prior to entry of a contract, signed in accordance with state law, may be held personally responsible to pay for the services.

(2) The State Office for Services to Children and Families (SOSCF) contracts shall be in writing to create an enforceable means of assuring that each of the parties faithfully discharge the obligations they have assumed and receive the benefits and protections guaranteed to them by the contract.

(3) Contracts will be written prospectively. SOSCF is not bound to pay for services which were given beyond or outside of a legal contract. Contracts will not be written retroactively to cover work performed prior to the effective date of the contract.

(4) Contracts may be amended during the term of the contract to extend the contract term ending date or to modify the statement of work to be performed, the consideration to be paid, or any other provision of the contract to reflect the intentions of the parties, or to reflect the actual nature of the services being provided and the parties agreement.

(5) A contract may not be amended to change the effective date to a date prior to the date the contract was approved by the Department of Administrative Services and the Department of Justice. A contract may not be amended to authorize and pay for work not already covered by that contract and already performed without benefit of an effective contract.

Example: If a current contractor undertakes to provide SOSCF with additional kinds of services, or to develop a new program, etc., without first obtaining SOSCF approval and executing a contract for that new work, an existing contract may not be amended to retroactively authorize and pay for that work.

(6) Contracts will be written with contractors who have the power to enter into a binding agreement. For SOSCF contracts, such contractors include an individual acting for her/himself, husband and wife acting together, a partnership, a corporation; and may include others acting “jointly and severally” under certain conditions. The contracting parties will be clearly identified. Contracting individuals, partners, and the president or board chair person of a corporation are assumed to be authorized to sign contracts. If any other person is designated to sign for the contractor, the SOSCF representative obtaining the signature will require the signer to produce an official document (e.g., corporation by-laws, minutes of a board meeting, etc.) authorizing such signature.

Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 5-1998, f. 2-5-98, cert. ef. 2-6-98; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0020

Approved Programs

Contracts for services shall be executed only in support of those programs that have been approved for contracting by SOSCF. When federal funds will be claimed for contract services, the services will be in support of a program for which the federal funds are authorized.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0030

Authorizing Contract Funds

Funds for the services shall be authorized in a legislatively approved budget or have been approved for the services by the Emergency Board of the Legislature.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0040

Independent Contractor

Contracts will be entered into with independent contractors only as defined in ORS 670.600 and in accordance with Department of Administrative Services Administrative Rules. Contracts will not be written with persons who are, by definition, SOSCF employees.

Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 5-1998, f. 2-5-98, cert. ef. 2-6-98; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0050

Contracts with Individuals

Contracts with individuals to provide services similar to services regularly provided by state employees will not be approved since, in most cases, an employer-employee relationship will exist and the services must be obtained through the personnel hiring system.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14

413-330-0060

Authority to Sign Contracts and to Represent SOSCF

(1) The agency director is the only person in SOSCF who, by virtue of the position, is authorized to sign contracts for SOSCF. The director may delegate signatory authority to others. The delegation will be in writing and will identify any conditions or limitations which may apply. A current record of such delegation shall be maintained on file in the DHR Contracts Section.

(2) SOSCF personnel may be assigned to represent SOSCF in matters related to developing and administering contracts. Such persons are agents of the state and the state is responsible for and is obligated by their actions when they act in accord with state law and pertinent agency rules and directives. Persons committing the state to pay for services rendered outside of a contract written in accordance with these rules, or acting outside their authority may be held personally responsible and liable for obligations incurred by them for the state.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

413-330-0080

Responsibility to Implement Contracts

(1) The appropriate SOSCF manager from whose budget the contract is to be funded, or designee, will be responsible to determine the need to contract, what is to be purchased, and the maximum amount which may be spent.

(2) The DHR Contracts Section will be responsible to assure compliance with SOSCF rules and policy in contractor selection and in writing and processing the contract.

(3) The DHR Contracts Section will be responsible to assure the legal sufficiency of all standard contracting forms, including the CF 44 (Emergency Contract) and the CF 996 (Family Foster Home/Shelter Care Contract). Any changes to these forms must have the approval of Management Operations.

(4) The DHR Contracts Section will prepare and process all contracts between SOSCF and another party or agency except those listed in paragraphs (5) through (7) of this rule.

(5) Family Foster Home/Shelter Care Contracts will be prepared and processed by field staff in accordance with OAR 413-330-0100, with the use of the CF 996 (Family Foster Home/Shelter Care Contract).

(6) Emergency contracts will be prepared and processed by field and/or Central Office staff as needed in accordance with OAR 413-330-0500 through 413-330-0540, with use of a CF 44 (Emergency Contract).

(7) Exceptions to OAR 413-330-0010(1), where payments would be authorized, can only be granted after a Departmental finding has been made, in consultation with the Department of Justice, that there is a substantial basis in law for the claim and a substantial risk of liability to the agency.

Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 5-1997, f. 6-19-97, 7-1-97; SCF 7-1997(Temp), f. & cert. ef. 8-11-97; SOSCF 5-1998, f. 2-5-98, cert. ef. 2-6-98; Suspended by CWP 17-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14

Criminal History Check for Non-Traditional Contractors

413-330-0085

Purpose

It is the goal of the Department of Human Services (Department or DHS) to reduce the risk of exploitation and abuse of children in the care of or receiving services from DHS. To that end, DHS will conduct criminal offender information background checks on individuals before they provide services to DHS clients under contracts paid for with the flexible funds allocated by DHS under the Department's system-of-care settlement agreement with the Juvenile Rights Project, Inc. These rules (OAR 413-330-0085 to 413-330-0098) establish procedures by which DHS obtains criminal offender information on these individuals and considers the information when determining the individual's suitability for working with children.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537
Hist.: SOSCF 10-1999, f. & cert. ef. 5-24-99; CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

413-330-0087

Definitions

(1) "Child" means an unmarried person who is under 18 years of age. A person between 18 and 21 years of age and in the custody of DHS is also considered a child for the purposes of these rules.

(2) "Client" means a child or adult receiving services from DHS.

(3) "Criminal offender information" means records, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police for purposes of identifying criminal offenders and alleged offenders and maintained as to such persons' records of arrest, the nature and disposition of criminal charges, sentencing, confinement, and release, and includes the OSP Computerized Criminal History System.

(4) "FBI" means the Federal Bureau of Investigation.

(5) "OSP" means the Oregon State Police.

(6) "Subject individual" means, in the context of these rules, a contractor seeking to enter into a system-of-care contract with DHS. If the contractor is a business with more than one employee, the executive director, president, CEO, or equivalent is the subject individual. A contractor certified by DHS as provided for in OAR 413-200-0301 to 413-200-0401, "Safety Standards for Foster Care, Relative Care and Adoptive Families," and a contractor licensed by DHS as provided for in OAR 413-220-0000 to 413-220-0160, "Private Child-Caring Agency Licensing Standards," are not subject individuals.

(7) "System-of-care contractor" means an individual or business that has contracted with DHS and is paid with flexible funds allocated by DHS as part the Department's system-of-care settlement agreement with the Juvenile Rights Project, Inc.

(8) "System-of-care settlement agreement" means the agreement between the Department of Human Services and the Juvenile Rights Project, Inc. that includes provisions for the use of flexible funds to meet the individual needs of children and their families in order to promote safety, permanency, and well being.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537
Hist.: SOSCF 10-1999, f. & cert. ef. 5-24-99; CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

413-330-0090

System of Care Contractor Criminal History Policy

(1) As a result of the Department's system-of-care settlement agreement with the Juvenile Rights Project, Inc., DHS enters into personal service contracts with community service providers. Many of these providers are not licensed or certified by DHS, but they can provide important services to clients such as mentoring, tutoring, and therapeutic support. Before the Department contracts with one of these providers, the Department will complete a criminal background check as described below.

(2) DHS will not enter into a contract with a subject individual unless the subject individual consents to a criminal offender information records check and consents to be fingerprinted when required by these rules. DHS may decide not to contract with the subject individual if the individual makes a false statement about having been arrested for or convicted of a crime.

(3) A subject individual must provide all information required for a criminal offender information records check, including fingerprints, if required, on forms provided by DHS and according to procedures established by DHS, including:

(a) The subject individual must complete and sign form CF 1011F.

(b) If the subject individual acknowledges a prior arrest or a conviction of a crime, the subject individual must provide an explanation of the facts that supported the arrest or conviction and of the intervening circumstances and must provide written authorization required by DHS to verify the information.

(c) When required by these rules, two properly completed FBI fingerprint cards (form FD 258) with red overprinting in the "reason fingerprinted" block from the subject individual.

(4) In the process of obtaining a subject individual's consent to a criminal records check, DHS may ask the subject individual to consent to the Department's use of his or her social security number in conducting the criminal records check. Subject individuals will indicate their consent by their signatures.

(5) DHS will obtain and forward fingerprint cards to request criminal offender information on subject individuals from OSP and FBI as follows:

(a) If the subject individual lives or has lived outside the State of Oregon during any part of the five years prior to application, DHS will instruct OSP to conduct a fingerprint criminal offender records check through the FBI.

(b) If the subject individual has disclosed an arrest or conviction for a crime, DHS will instruct OSP to conduct a fingerprint-based criminal offender records check through the FBI.

(c) If the subject individual's Oregon record indicates an arrest or conviction for a crime, DHS will forward the fingerprint cards to OSP for a positive identification verification and instruct OSP to conduct a fingerprint criminal offender records check through the FBI.

(6) DHS may grant an exception to the fingerprint requirement as described in this rule if DHS determines that the subject individual is unable to submit fingerprints due to a physical or mental condition that makes compliance impossible or presents an undue safety risk to the applicant or staff. For the exception to be effective, a form DHS 1011D, "Criminal History Exception Request," must be signed by the SDA manager or designee.

(7) DHS will not enter into a system-of-care contract with a subject individual unless:

(a) A check of Oregon LEDS has been completed and documented;

(b) All processes required by these rules to complete the criminal history check process, including a fingerprint-based criminal offender check for a subject individual, have been authorized and have commenced; and

(c) An exception authorized by OAR 413-330-0095 regarding a criminal conviction, if necessary for approval, has been granted and documented.

(8) If after the Department enters into a contract with a contractor it learns the contractor has a potentially disqualifying record, the Department will rescind the contract unless an exception is granted.

(9) DHS will review the criminal offender information of subject individuals. The assessment of the subject individual's suitability will be documented and filed in the contractor's file. Criminal offender information received from the OSP or the FBI is confidential and will not be released.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537
Hist.: SOSCF 10-1999, f. & cert. ef. 5-24-99; CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

413-330-0095

Crimes to Be Considered

(1) DHS has determined that persons who engage in certain criminal conduct may not be qualified to be a system-of-care contractor because the criminal conduct is fundamentally inconsistent with having responsibility for the care, treatment, or supervision of children. It may also be inappropriate for them to have contact with a child likely to occur while providing services to the child's family. Unless an exception is granted under these rules, a conviction for a crime listed in these rules or a false statement about a conviction may disqualify a subject individual from being approved as a system-of-care contractor.

(2) If a subject individual has been convicted of a crime described in section (3) of this rule, DHS will not enter into a system-of-care contract with the subject individual, and no exception will be granted.

(3)(a) DHS will not enter into a system-of-care contract with a subject individual, and no exception will be granted, if a subject individual has been convicted in Oregon or in another jurisdiction of any of the following crimes:

(A) A felony or misdemeanor crime of violence against a child.

(B) A felony involving:

(i) Rape, sodomy, or sexual abuse;

(ii) Intentional starvation or torture;

(iii) Murder or voluntary manslaughter;

(iv) Child abuse or neglect;

(v) Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child;

(vi) Violence, including domestic violence; or

(vii) A felony drug-related offense.

(b) Crimes described in section (3)(a) of this rule include the following crimes under Oregon law and substantially similar crimes in Oregon and other jurisdictions:

(A) ORS 163.095 Aggravated murder;

(B) ORS 163.115 Murder;

(C) ORS 163.118 Manslaughter in the first degree;

(D) ORS 163.125 Manslaughter in the second degree;

(E) ORS 163.355 Rape in the third degree;

(F) ORS 163.365 Rape in the second degree;

(G) ORS 163.375 Rape in the first degree;

(H) ORS 163.385 Sodomy in the third degree;

(I) ORS 163.395 Sodomy in the second degree;

(J) ORS 163.405 Sodomy in the first degree;

(K) ORS 163.408 Unlawful sexual penetration in the second degree;

(L) ORS 163.411 Unlawful sexual penetration in the first degree;

(M) ORS 163.425 Sexual abuse in the second degree;

(N) ORS 163.427 Sexual abuse in the first degree;

(O) ORS 163.525 Incest, if the victim of the offense is a child;

(P) ORS 163.537 Buying or selling a person under 18 years of age;

(Q) ORS 163.670 Using a child in display of sexually explicit conduct;

(R) ORS 162.155 Escape in the second degree, if the offense involves the use or threatened use of violence;

(S) ORS 162.165 Escape in the first degree, if the offense involves the use or threatened use of violence or a dangerous or deadly weapon;

(T) ORS 162.325 Hindering prosecution, if the crime involves the use of violence;

(U) ORS 163.145 Criminally negligent homicide;

(V) ORS 163.160 Assault in the fourth degree, if the victim is a spouse or a child and the person has previously been convicted of assaulting the same victim;

(W) ORS 163.160 Assault in the fourth degree, if person previously convicted of assaulting same victim or assault witnessed by child/step child of defendant or victim or other child living in household of defendant or victim;

(X) ORS 163.160 Assault in the fourth degree if the victim is a child (misdemeanor);

(Y) ORS 163.165 Assault in the third degree;

(Z) ORS 163.175 Assault in the second degree;

(AA) ORS 163.185 Assault in the first degree;

(BB) ORS 163.205 Criminal mistreatment in the first degree, if the victim is a child or if the crime involves violence;

(CC) ORS 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree;

(DD) ORS 163.225 Kidnapping in the second degree, if the victim is a child or spouse or if the crime involves violence;

(EE) ORS 163.235 Kidnapping in the first degree, if the victim is a child or spouse or if the crime involves violence;

(FF) ORS 163.535 Abandonment of a child;

(GG) ORS 163.547 Child neglect in the first degree;

(HH) ORS 163.555 Criminal nonsupport;

(II) ORS 163.684 Encouraging child sexual abuse in the first degree;

(JJ) ORS 163.686 Encouraging child sexual abuse in the second degree;

(KK) ORS 163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree;

(LL) ORS 163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree;

(MM) ORS 164.125 Theft of services, if the theft is by force for services valued at $750 or more;

(NN) ORS 164.225 Burglary in the first degree, if the offense involves violence;

(OO) ORS 164.395 Robbery in the third degree;

(PP) ORS 164.405 Robbery in the second degree;

(QQ) ORS 164.415 Robbery in the first degree;

(RR) ORS 166.015 Riot;

(SS) ORS 166.165 Intimidation in the first degree;

(TT) ORS 166.220 Unlawful use of weapon;

(UU) ORS 167.017 Compelling prostitution;

(VV) ORS 167.212 Tampering with drug records;

(WW) ORS 167.262 Adult using minor in commission of controlled substance offense (for controlled substance other than less than 5 grams of marijuana);

(XX) ORS 475.992(1) Manufacture or delivery of Schedule I, II or III counterfeit substance;

(YY) ORS 475.992(2) Delivery of marijuana for consideration;

(ZZ) ORS 475.992(3) Creation or delivery of Schedule I, II or III counterfeit substance;

(AAA) ORS 475.992(4) Possession of Schedule I or II controlled substance;

(BBB) ORS 475.993 Prohibited acts for registrants related to Schedule I controlled substance;

(CCC) ORS 475.995 Distribution of Schedule I, II or III controlled substances to minors;

(DDD) ORS 475.999 Manufacture or delivery of Schedule I, II or III controlled substance within 1000 feet of school.

(4) The Department will not enter into a system-of-care contract with a contractor who has been convicted of a crime not described in section (3) of this rule unless an exception is granted in accordance with this rule. The following persons are authorized to grant an exception:

(a) If a subject individual has been convicted of a misdemeanor, other than one resulting from domestic violence or one described in section (3) of this rule, a written exception issued by the SDA Manager is required to approve the subject individual. The SDA Manager may authorize the SDA Assistant Manager, the SDA Child Welfare Manager, or a child welfare supervisor to grant an exception authorized by this subsection.

(b) If a subject individual has been convicted of a felony or of a crime involving domestic violence, other than one described in section (3) of this rule, a written exception issued by the SDA Manager is required to approve the subject individual. The SDA manager may authorize the SDA Assistant Manager or the SDA Child Welfare Manager to grant an exception under this subsection.

(5) A person authorized by section (4) of this rule to grant an exception must determine whether the subject individual is suitable to be a system-of-care contractor notwithstanding the criminal convictions. The person authorized to grant an exception must consider the following factors and must document the bases for the approval or denial on form DHS 1011D, "Criminal History Exception Request":

(a) The severity and nature of the crime.

(b) The number of criminal offenses.

(c) The time elapsed since commission of the crime.

(d) The circumstances surrounding the crime.

(e) Content of police reports concerning the crime.

(f) The subject individual's explanation of the crime.

(g) The relationship of the criminal activity to the subject individual's capacity to safely provide the proposed services.

(h) Whether the subject individual's participation in counseling, therapy, education, or employment constitutes evidence of rehabilitation or a change in behavior.

(6) An exception granted with respect to a specific conviction need only be granted one time.

(7) An exception granted under this rule does not establish a precedent.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537 & 181.010 - 181.560
Hist.: SOSCF 10-1999, f. & cert. ef. 5-24-99; SOSCF 28-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

413-330-0097

Consideration of Arrests

(1) Behavior that results in an arrest or a history of arrests may raise concerns about a subject individual's suitability to be a system-of-care contractor. If a subject individual has a history of arrests for crimes involving any of the following conduct, the Department's field staff must consider the behavior that resulted in the arrests and assess whether or not the subject individual is suitable to be a system-of-care contractor:

(a) Child abuse or neglect.

(b) Spousal abuse.

(c) A crime against children, including pornography.

(d) A crime involving violence, including rape, sexual abuse, manslaughter or homicide.

(e) Physical assault.

(f) Battery.

(g) Drug or alcohol offenses.

(h) Weapons-related offenses.

(2) If a subject individual has been arrested for any of the crimes listed in section (1) of this rule, the supervisor and caseworker, in consultation with the management staff as designated by the SDA Manager, must assess the suitability of the subject individual to be a system-of-care contractor and document their findings. The persons conducting the assessment must consider and document their findings regarding the behavior or conduct that led to each arrest, how that behavior relates to the subject individual's qualifications to be a system-of-care contractor, and whether, given the behavior that led to the arrests, the subject individual is qualified to be a system-of-care contractor.

(3) In conducting the assessment, the supervisor and caseworker must consider the following with regard to the arrests:

(a) The subject individual's explanation of the circumstances surrounding and the behavior that led to each arrest.

(b) The severity and nature of the behavior that led to the arrests.

(c) Whether the subject individual's behavior that led to the arrests relates to or raises concerns about the individual's qualifications to be a system-of-care contractor.

(d) The time elapsed since the arrests.

(e) The circumstances surrounding each arrest.

(f) Whether the subject individual was charged with or indicted for a crime related to the arrests.

(g) The disposition of any charge or indictment related to the arrests.

(h) Whether the subject individual's participation in counseling, therapy, education, or employment constitutes evidence of rehabilitation or a change in behavior.

(i) Any other information related to the circumstances of the arrests or the behavior that led to the arrests that may relate to the subject individual's qualifications to be a system-of-care contractor.

(j) The number of arrests.

(4) The supervisor and worker may also obtain and review a copy of the police report of the arrest and interview the subject individual about the arrest.

(5) Under no circumstances will DHS bar or refuse to approve an individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 or 419A.262.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537 & 181.010 - 181.560
Hist.: CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

413-330-0098

Rights for Review and Contested Case Hearings

(1) If DHS determines that the subject individual is not suitable to be a System of Care Contractor based on criminal history or false statement on the application form (unless the subject individual voluntarily withdraws from the process), DHS will notify the subject individual, by certified mail, that the subject individual:

(a) Has the right to inspect and challenge Oregon criminal offender information through the OSP procedures (ORS 181.555(3)).

(b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the Assistant Director of the FBI Identification Division, Washington, D.C., 20537-9700.

(c) May appeal DHS's determination of unsuitability and may indicate an intent to challenge information in the OSP or FBI report by requesting a contested case hearing pursuant to ORS 183.413 to 183.470 provided that DHS receives a request for a contested case hearing in writing within 10 calendar days after the notice is mailed.

(2) A contested case hearing is conducted in accordance with ORS 183.413 to 183.470, OAR 137-003-0501 to 137-003-0700, and 413-120-0470.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 181.537
Hist.: CWP 42-2003(Temp), f.& cert. ef. 12-17-03 thru 6-11-04; CWP 10-2004, f. & cert. ef. 6-1-04

Contracts Exempt from Department of Administrative Service Requirements

413-330-0100

Policy

(1) Contracts for family foster home and shelter care have been exempted from the Department of Administrative Services requirements when the standard forms are used and are completely processed by SOSCF field staff.

(2) Before any services are performed by a provider and payment is made by SOSCF for any family foster home care, and sheter care, the provider shall sign a contract with SOSCF. The contract is effective only during the period the contractor holds a valid certificate or registration:

(a) Foster Family Home/Shelter Home Contracts:

(A) The CF 996 must be used to contract with all family foster homes and shelter homes;

(B) The CF 996 must be signed prior to children being placed in the home and is effective for the duration of the foster home provisional and/or regular Certificate of Approval. The certifier shall review the contract with the foster parent at the time of recertification;

(C) The beginning date in paragraph one of the contract (CF 996) must be identical to or following the date on the Foster Home Certificate of Approval. This includes provisional certificates. Termination or revocation of the Certificate of Approval automatically terminates the contract;

(D) Contracts must be signed by foster parents and certification worker in duplicate and approved in writing by the supervisor:

(i) One copy will be retained by foster parents;

(ii) One copy will be retained in the foster parents' record in branch office.

(E) Contracts may be modified only by the Resource and Regulatory Manager or designee with approval from the DHR Contracts Section.

(b) Special Rate Payments. Special Rate payments will be made only to foster parents who:

(A) Have a signed current contract (CF 996) on file; and

(B) Have negotiated and signed a separate CF 172A for each child receiving a special rate.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Screening and Selection of Contractors

413-330-0200

Purpose and Policy

(1) These rules describe the process of screening and selecting personal services contractors.

(2) The State Office for Services to Children and Families shall use competition to the maximum extent practicable when selecting contractors to provide personal and professional services. When the cost of services is less than $25,000, price quotations and statements of qualifications shall be solicited from at least three sources before selecting a contractor. When the cost of services is $25,000 or more, proposals shall be solicited as outlined in these rules.

(3) Competition is presumed not to exist when:

(a) Less than two qualified persons or organizations respond to an advertised request for proposal; or

(b) After following the procedures in these rules, it is established that there is only one source available to provide the service.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0210

Definitions

(1) "Offeror": A prospective contractor who has submitted a proposal for delivery of specified services.

(2) "Qualified Offeror": An offeror who meets the minimum requirements stated in the Request for Proposals (RFP).

(3) "Personal Service Contracts": Contracts for human care services, educational services, consultation, training, etc. See OAR 125-310-0092.

(4) "Proposal": A written statement, usually in response to a Request for Proposals (RFP), which describes how an offeror (prospective contractor) proposes to deliver the specified services, the offeror's qualifications, and the offeror's price for the services.

(5) "Quotation": An oral or written statement by a prospective contractor of the price and any conditions for delivery of specified services.

(6) "Request for Proposals (RFP)": The document which specifies requirements for services and solicits proposals for meeting the requirements from prospective contractors.

(7) '"Competitive Proposal": Proposals received from two or more qualified offerors in response to an RFP.

(8) "Noncompetitive Proposal": A proposal which is the only one received from a qualified offeror in response to an RFP.

(9) "Specification": A clear, accurate, detailed description of a service.

(10) "Standard": A statement expressed in measurable terms which sets the required level of performance of a service.

(11) "Statement of Qualifications": An oral or written statement by a prospective contractor of the contractor's education, training, experience and other qualifications related to provision of specified services.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0220

Soliciting Quotations

(1) Quotations and statements of qualifications will be used to select contractors to provide the following services:

(a) Regular, customary professional services of a physician, psychiatrist, psychologist or similar professional person, for any amount;

(b) Other personal services contracts of less than $25,000.

(2) Timely notice of all contract solicitations in excess of $1,000 shall be given to the Advocate for Minority, Women, and Emerging Small Business for the Oregon Opportunity Register and Clearinghouse.

(3) Quotations and statements of qualifications are not required for:

(a) The services of certified providers of family foster care and shelter care. When special rates are authorized, the basis for the special rates must be documented;

(b) Educational services provided by a public school or school district;

(c) Housekeeper and other services provided by qualified providers at federal minimum wage;

(d) A person making a speech at a conference or other event where honorariums are to be paid. This does not include a person giving a training presentation;

(e) Contracts for $1,000 or less;

(f) The services of county, municipal and other local government agencies, which the agencies are authorized to provide within their jurisdiction including but not limited to sanitarian, health, safety and welfare services;

(g) Service for which satisfactory documentation shows that only a single source is available or practical. Competition is presumed not to exist when it can be documented by a professional certification or licensing agency or is confirmed by a professional third party who is knowledgeable of available providers;

(h) Amending an existing contract;

(i) Recontracting when the conditions of rule 413-330-0300(2)(c) are met.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0230

Service Definition

Contract services shall be defined in writing before any action is taken to solicit quotations and statements of qualifications from prospective contractors.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0240

Competition

Competition shall be used in obtaining services to the maximum extent practicable. As used herein, competition means obtaining quotations and statements of qualifications from a reasonable number of prospective contractors when considering the nature of the services and value of the contract. When practicable, quotations and statements of qualifications should be obtained from at least three sources except as outlined in OAR 413-330-0220(3).

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0250

Selecting the Contractor

The contractor who has been judged best able to provide the services at a reasonable price will be selected to perform the contract. Consideration should be given to the quality of the services, and the results which the services are expected to produce.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0260

Obtaining Quotations and Statements of Qualifications

Informal means, such as letter or telephone, may be used to obtain quotations and statements of qualifications when appropriate. The following shall be recorded and made a part of the contract records using the CONTRACTOR SELECTION STATEMENT, form CF 11-A:

(1) Names of individuals or firms solicited, and price quoted by each.

(2) Basis for selection of the contractor (e.g., lowest price quoted, best qualified at reasonable price, only known contractor able to provide the services at the required time and place, etc.). When only one contractor is known, the method used to search out other contractors will be explained. If a better qualified contractor is selected over a contractor whose price is equal or lower, the better qualifications will be explained.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0270

Soliciting Proposals

Proposals will be solicited through the RFP process outlined below for contracts of $25,000 or more unless the procedures in rule 413-330-0220 apply, or unless the programs or services are exempted in OAR 413-330-0300. Competitive proposals will not be solicited for information or planning purposes.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0280

Service Definition

Contract services shall be defined in writing before any action is taken to solicit proposals from prospective contractors.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0290

Competition

(1) Competition shall be used in obtaining services to the maximum extent practicable. As used herein, competition means obtaining proposals from two or more sources capable of providing the services.

(2) Agreements with state and other government agencies are not included in the definitions of public and personal services contracts and therefore do not come under the requirements for competition in contractor selection.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0300

Programs and Services Exempted from Seeking Competitive Proposals

(1) A Request for Proposals (RFP) is not required:

(a) For services listed in OAR 413-330-0220(1) and (2);

(b) If the SOSCF director or the responsible assistant administrator and the Department of Administrative Services is satisfied that only a single source is available or practical and waives, in writing, the requirement to use an RFP. The prospective contractor will submit a proposed description of services to be provided and a proposed budget which will be evaluated in accordance with OAR 413-330-0350;

(c) To contract for personal services when the responsible assistant administrator has determined that federal funds are not involved and use of quotations and statements of qualifications will provide a reasonable basis for selecting the contractor;

(d) When two or more certified or licensed child care providers capable of providing the services, exist in the area where the services are required and SOSCF uses the services of each of the providers. Competition is presumed not to exist for the services of such providers, and competitive proposals are not required;

NOTE: ORS 418.205 - 418.327 establishes certification and licensing requirements to be met by child caring providers.

(e) To amend an existing contract;

(f) To recontract for the services of a licensed or certified child care provider with which SOSCF has a current contract, when:

(A) Competition to provide the services does not exist;

(B) The provider's services have been reviewed by the responsible SOSCF manager, and the provider and SOSCF have agreed to a detailed description of the provider's services in a form acceptable to SOSCF sufficient for recontracting; and

(C) The provider's current management of SOSCF funds as shown in recent audit(s) and expense statements indicates that SOSCF funds are being used for contractually allowable costs, or a satisfactory corrective action agreement from the provider indicates that SOSCF funds will be appropriately used in the future.

(2) Except as prohibited by law or administrative rule, the responsible SOSCF assistant administrator may waive part or all of the requirements of these rules relating to soliciting proposals, for any specific service, upon determining that:

(a) Such waiver is necessary to carry out an authorized SOSCF program in a timely manner; and

(b) It is unlikely that such a waiver will encourage favoritism in awarding a contract or substantially diminish future competition;

(c) Waiver of rules relating to soliciting proposals may not be made to recontract for a second contract period. Proposals will be solicited in accordance with these rules prior to recontracting;

(d) The waiver shall be made a part of the contract records.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0310

Request for Proposals (RFP)

(1) When the RFP process is used, whether for more or less than $25,000, it shall be used in accordance with this policy, OAR 413-330-0310 through 413-330-0360, and shall be processed by the Contracts Section.

(2) RFP's should include the following, when applicable:

(a) Statement of the required work, including a clear description of the services to be provided, standards by which performance of the services will be measured and conditions affecting delivery of the services;

(b) Minimum standards and qualifications which contractors must meet to be eligible to provide the services;

(c) Information which prospective contractors must submit in their proposals to support their capability, such as experience providing the same or similar services (when, where, for whom, type of service, etc.);

(d) Funding information and budget requirements. If rates of payment will be based on a budget or if for other reasons an offeror budget is requested, a budget form should be included;

(e) The form and organization of proposals, when and where proposals are to be submitted, and when award of a contract is expected;

(f) The method and criteria to be used in evaluating proposals and the weighting assigned to each criterion if competitive proposals may be received;

(g) Notice that all costs incurred in the preparation of a proposal will be the responsibility of the offeror and will not be reimbursed by SOSCF;

(h) Notification whether late proposals may be considered, or whether late proposals will not be considered;

(i) Contract General Provisions.

(3) Offerors will be instructed to submit proposals in two parts:

(a) The technical proposal which describes how the services will be provided, contractor's qualifications, experience, etc.; and

(b) The cost and pricing proposal which states the price for the services and describes the basis for the price including all significant elements of cost.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0320

Publicizing the RFP

(1) Timely notice of the RFP shall be given to the Advocate for Minority, Women, and Emerging Small Business for the Oregon Opportunity Register and Clearinghouse.

(2) A copy of the RFP will be mailed or delivered to known, prospective contractors who are considered qualified to provide the services in the area where the services are required.

(3) Except as stated in section (4) of this rule, RFP's will be publicized by placing a short notice, describing the services and stating where a copy of the RFP may be viewed or obtained, in an appropriate newspaper, trade journal, or other publication for at least one issue of the publication using DAS master contract, and advertising on the Vendor Information System.

(4) Publicizing is not required for services of child caring agencies or for other child caring services when, because of SOSCF' certification/licensing responsibilities, or for other reasons, SOSCF is aware of all qualified providers of the services.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0330

Offeror's Conference

When competition to provide the services may exist, an offeror's conference may be conducted to explain the procedures related to preparation, receipt and evaluation of proposals, and to answer any general oral questions which the offerors may have. The conference should be scheduled sufficiently in advance of the date of receipt of proposals to allow offerors to make use of the information in preparing their proposals. Offerors should be instructed to submit questions related to interpretation of RFP requirements in writing early enough for a written answer to be furnished to each offeror in time for the offeror to use the information in the proposal.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0340

Receipt and Protection of Proposals

Proposals received in response to an RFP will be stored unopened and protected from public disclosure until the final date and time set for receipt of proposals. (When necessary, proposals may be opened for identification and resealed thereafter.) Proposals received after the date and time specified in the RFP are "late proposals." SOSCF is under no obligation to accept or consider late proposals, but may do so if the RFP authorizes SOSCF to consider them and if the proposal is received early enough so contract award will not be delayed.

Stat. Auth.: HB 2004

Stats. Implemented: ORS 279.051 & ORS 291.021

Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0350

Evaluation of Noncompetitive Proposals

Noncompetitive proposals will be evaluated to determine the extent to which the service requirements of the RFP have been satisfied, and to establish if the price is reasonable. The offeror will be required to submit information to explain any questionable elements of service or cost.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0360

Evaluation of Competitive Proposals

(1) Competitive proposals will be evaluated by a committee of not less than three persons, appointed by the responsible manager, who are not in a conflict of interest position with any person or organization submitting a proposal, who are knowledgeable of the service requirements and are expected to exercise expert, objective judgment.

(2) Evaluation committee members will be notified of their selection, by the DHR contracts officer, furnished a copy of the RFP and advised of the method of evaluation. The committee will review the RFP and evaluation methodology prior to receipt of proposals.

(3) After the time for receipt of proposals has passed, a copy of each technical proposal, describing how the offeror proposes to provide the services, will be furnished to each evaluation committee member. Evaluation of the technical proposals will be conducted in two steps:

(a) Committee members will independently evaluate and rate each evaluation criterion described in the RFP, using a rating scale of 0 to 5 with 5 the highest rating;

(b) After independent evaluations have been completed, the contracts officer will conduct a meeting of the committee to resolve differences in independent evaluations. The rating will be multiplied by the weighting for each criterion shown in the RFP to determine the score for the criterion. Criterion scores will be totaled to obtain the technical proposal score. The committee may interview offerors as considered necessary for clarification, and will perform any necessary review and verification. Offerors will be tentatively ranked in order of preference to provide the services based on the technical proposals.

(4) The evaluation committee will next consider the cost and pricing proposals, other fiscal information, and comments of any reviewing personnel. To assure objective evaluation of the technical proposals, offerors' price and other fiscal information should not be revealed to the committee until after technical proposal evaluations are complete.

(5) Final ranking of offerors will be based on all information obtained by the committee during the evaluation process. Price will be considered but will not necessarily govern. Only those offerors whom the committee finds to possess the current or potential ability to perform successfully under the proposed contract will be considered for award of a contract.

(6) The contracts officer will prepare a report of the evaluation committee's findings and recommendations for approval by the responsible assistant administrator. The report will identify the RFP, the services required, proposal evaluation methodology, and evaluation results; and will contain recommendations regarding negotiations and award or nonaward of a contract. The responsible assistant administrator will notify the contracts officer of his/her decision regarding the committee's recommendation(s) and the contracts officer will then notify all offerors of their being awarded or not awarded a contract.

(7) A copy of the RFP, each proposal, and the evaluation report will be maintained as part of the contract record.

(8) Regardless of the method of contractor selection, contracts will be awarded only to responsible contractors who possess the ability to perform successfully under the terms and conditions of the proposed contract and who meet appropriate certifcation/licensing requirements.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 279.051 & ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Emergency Contracts

413-330-0500

Conditions for Emergency Contracting

(1) An emergency contract may be used to obtain services only under the most urgent conditions when the regional manager or designee has approved the action, after finding that all of the following conditions exist:

(a) All other approved contracting methods would result in unacceptable delay which would seriously endanger a child's health, safety or welfare;

(b) Appropriate care and/or treatment is not obtainable from any suitable public institution, or from any suitable private contractor under an existing contract;

(c) Funds are available and authorized for the type of services and client(s) to be served by the contract, and the cost is reasonable;

(d) Appropriate licensing/certification requirements have been satisfied.

(2) Emergency contracts shall not be used in place of contracts such as regular foster/shelter care, which SOSCF field offices are authorized to approve.

(3) Contractual services will not be obtained and the state will not be obligated for payment for the services until the contract has been approved, reduced to writing, and signed by persons authorized to bind the contractor and SOSCF. Persons authorizing services prior to the contract being signed or obtaining unauthorized services, may be held personally liable for the cost of the services.

(4) An emergency contract may only be executed for a period up to 90 days, and shall not exceed $15,000.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 5-1996(Temp), f. & cert. ef. 9-11-96; SCF 2-1997, f. & cert. ef. 4-7-97

413-330-0510

Required Information

To assist the regional manager or designee to reach an appropriate decision, the following information will be provided by the requesting office staff. This information must then be forwarded to the DHR Contracts Section to become a part of the contract file.

(1) Nature of emergency and need for services;

(2) Alternate resources explored and results;

(3) Expected consequences if emergency action is not taken;

(4) Probable terms of placement -- temporary or for an extended period of time;

(5) Basis for selection of contractor; and

(6) Basis for agreed price for the services, including an itemized list of costs when appropriate.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0520

Executing the Contract

Emergency contracts will be prepared, following receipt by the branch of a log number from the DHR Contracts Section, using CF 44. The log number will be phoned to the branch after authorization is received from the regional office and the budget office.

(1) No alteration of the printed form is authorized.

(2) If any information entered on the contract form (description of services, contract term, dollar amount, etc.) is changed by either the contractor or manager after the other has signed the contract, both parties must agree to and initial the change before the contract is binding and before any services begin.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0530

Contract Approval

(1) The Department of Administrative Services has delegated to SOSCF the authority to approve emergency contracts.

(2) Authority to sign emergency contracts on behalf of SOSCF is delegated to region and branch managers for emergency contracts processed by field office staff.

(3) When the contract is prepared in the central office, authority to sign emergency contracts on behalf of SOSCF is limited to persons to whom contract signing authority has been delegated in writing.

(4) Following signature of three copies of the contract by the contractor and appropriate SOSCF manager or assistant administrator, one copy will be provided to the contractor and the other two will be forwarded to the DHR Contracts Section. The DHR Contracts Section will make the final distribution.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0540

Superseding Contract

When continuing, uninterrupted services are required, the emergency contract term will be for the full 60 days, and a superseding, definitive contract will be completed and approved as required before the ending date of the emergency contract. All actions must be completed in time to allow for adequate review and approval prior to the beginning date of the superseding contract. In no case will a second emergency contract be used to continue the services.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Contract Amendments

413-330-0600

Use of Amendments

(1) A contract is binding and can be changed only if both parties agree to the change, except for situations recognized in the contract. (Example: Termination or other corrective actions when prescribed procedures are followed.) When both parties agree, the change must be accomplished by reducing it to writing in an amendment.

(2) A contract may be amended when the nature and extent of the change is consistent with the intent of the contract. Examples of amendments which may be appropriate are:

(a) To extend or shorten the term (duration) of the contract;

(b) To increase or decrease the number of units of service;

(c) To add, delete or further change a service or condition of service.

(3) An amendment will not be used to change the basis or purpose of a contract, to exercise a right, or to carry out an obligation authorized in the contract. (For example, an amendment will not be used to change services from child care to staff training, or to terminate a contract when the method of termination to be used is authorized in the contract.)

(4) An amendment will not be used to retroactively increase the cost SOSCF will pay for services performed by a contractor under a contract which has already terminated.

(5) Oral agreements do not constitute a valid contract amendment. SOSCF staff may not authorize or require any services from a contractor which are not specified in the contract or an amendment executed in accordance with this policy. Staff persons requiring services outside a valid contract or contract as properly amended, may be held personally liable for the cost of those services.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0610

Preparing Amendments

(1) Amendments will be requested in accordance with Administrative Support Manual III-D.3.1.

(2) Amendments will be prepared by the contracts office from information furnished by the responsible manager or designee on the CF 11 and will contain the following:

(a) Amendment date;

(b) Names of parties to the contract;

(c) Contractor's address;

(d) Date and number of contract being changed;

(e) Effective date of the change;

(f) Identification of parts of contracts being changed;

(g) Description of change or a printing of the part being changed with the new wording;

(h) Statement: "This amendment shall not become effective until approved by the Department of Administrative Services, State of Oregon." (Unless exempt from approval by the Department of Administrative Services.)

(3) Amendments will be signed by all parties to the contract, and approved as required. A copy of the amendment will be attached to the contract.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Contract Termination

413-330-0700

Policy

(1) All contracts must state the terms and conditions for terminating the contract prior to the stated ending date.

(2) Contracts may be terminated at any time by mutual consent of the parties to the contract. All other terminations must be strictly in accordance with the terms of the contract. Failure to comply with the contract termination provision may nullify the termination.

(3) Only the parties to the contract may terminate the contract unless that right has been specifically delegated to someone else in the contract. Unless otherwise stated in the contract, SOSCF-initiated notices of termination, and mutual consent terminations initiated by either party, will be signed by a person authorized to sign the contract.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Sub-Contracting

413-330-0800

Subcontract Requirements

(1) A subcontract is required before a contractor may have some other person or firm provide a service which the contractor has agreed to provide.

(2) A subcontract is not required for the following:

(a) For services provided by an employee of the contractor while performing his duties as an employee, or by a firm for which the contractor is responsible;

(b) For the purchase by the contractor of articles, supplies, equipment and services which are incidental to performance of the services required by the contract.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0810

Advance Approval

(1) If the proposed subcontracting is identified in the contract, approval of the contract is all that is necessary. If the subcontracting is not identified in the contract, the contractor must obtain SOSCF's written approval before subcontracting with another party to provide services required of the Contractor.

(2) Subcontracting will be authorized only when the purpose of the contract will be best served by subcontracting. The approval will be in writing, signed by the responsible person, and will list all conditions which must be met by the contractor and subcontractor in regard to the subcontract. A copy of the written approval must be filed in the contracts office.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0820

Authority to Approve Subcontracting

The manager responsible for obtaining the services covered by the contract is authorized to approve subcontracting unless some other person has been given that authority in the contract.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-330-0830

Contractor's Request to Subcontract

In order to determine if subcontracting should be authorized, a written request to subcontract will be obtained from the contractor. The request will include the following information:

(1) A description of the services to be subcontracted.

(2) Explanation why the subcontractor, rather than the contractor, should provide the services.

(3) Assurance that subcontracting will not increase the cost to SOSCF.

(4) A statement that the contractor accepts full responsibility for the subcontractor's performance.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 291.021
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

Short Form Contracts

413-330-0900

Purpose

These administrative rules (OAR 413-330-0900 to 413-330-1010) describe the use of the system-of-care short-form personal-services contract. These rules also describe how approval authority for these contracts is delegated to agency managers and supervisors.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0910

Definitions

As used in OAR 413-330-0900 to 413-330-1010:

(1) "Approval authority" means the authority to approve and execute a contract. OAR 125-020-0220(1) gives the Department of Administrative Services (DAS) approval authority for all state agency contracts. DAS has delegated the approval authority to the Department of Human Services (the Department) for client services contracts (see OAR 125-020-0600(1)(a)).

(2) "Child" means an unmarried person under 18 years of age. A person between 18 and 21 years of age and in the custody of the Department is also considered a child for purposes of these rules.

(3) "Client" means a child or adult receiving services from the Department.

(4) "Contract authority" means the authority to select a contractor, negotiate a contract, and sign a contract.

(5) "Family member" means a person related to the child.

(6) "Independent contractor" means an individual at least 18 years of age or a business that is an independent contractor as defined in ORS 670.600.

(7) "Nontraditional contractor" means an individual at least 18 years of age or a business not currently licensed by the Department as a child-caring agency who has contracted with the Department if the total authorized expenditure of all contracts is less than $8,000.

(8) "Primary care giver" means a person who is responsible for providing care and supervision of a child.

(9) "System-of-care short-form personal-services contract" or "SOC short-form contract" means a class of personal services contracts funded by flexible funds allocated by the Department as part of the Department's system-of-care settlement agreement with the Juvenile Rights Project, Inc., and developed by the Department to provide expedited service delivery to children and families as allowed by these rules.

(10) "System-of-care contractor" or "SOC contractor" means an individual or business that has contracted with the Department and is paid with flexible funds allocated by the Department as part of the Department's system-of-care settlement agreement with the Juvenile Rights Project, Inc.

(11) "System-of-care settlement agreement" means the agreement between the Oregon Department of Human Services and the Juvenile Rights Project, Inc., which includes provisions for the use of flexible funds in meeting the individual needs of children and their families to promote safety, permanency, and well being.

(12) "Traditional contractor" means an individual at least 18 years of age who has exceeded $8,000 in total SOC contracts during the preceding 12 month period, regardless of funding source or purpose; or a business currently licensed by the Department as provided for by OAR 413-220-0000 to 413-220-0160.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0920

Policy

(1) The Department's implementation of its strengths-and-needs-based system-of-care model for delivering client services has placed an increased emphasis on providing the child and the child's primary care giver with the individualized services they need in a timely manner. The client's strengths and needs are collaboratively identified by the following parties:

(a) The child, if appropriate;

(b) The primary care giver;

(c) Members in addition to the primary care giver;

(d) Appropriate employees of the Department;

(e) Other interested parties.

(2) Services are designed to meet the child's needs and reach the agreed-upon outcomes.

(3) The SOC short-form contract helps the Department's staff expedite the contracting. It is designed to:

(a) Provide nonresidential services to meet the needs of a child.

(b) Increase the resource pool of service contractors by allowing the use of both traditional and nontraditional contractors.

(c) Provide more timely delivery of services by delegating approval authority for SOC short-form contracts to local Child Welfare program managers and supervisors.

(4) An SOC short-form contract can be used when the following conditions are met:

(a) The contractor is an independent contractor.

(b) The services are:

(A) Provided for a specific child, sibling group, or primary care giver.

(B) Provided to help the caseworker, the child, and the child's family reach mutually agreed-upon outcomes.

(C) Nonresidential.

(D) Limited to a maximum length of 12 months. The expectation is that the mutually agreed-upon outcomes will be reached within that time period.

(E) Limited to a maximum dollar amount of $4,000. The expectation is that the mutually agreed-upon outcomes will be reached without spending more than that amount.

(c) The contracted services do not include:

(A) Services the recipient is eligible to receive that are available from another public agency or institution or from a private contractor under an existing contract; or

(B) The same services or services similar to those being provided by Department staff.

(d) Funds are available and authorized for the type of service and client to be served by the contract, and the cost is reasonable and commensurate with the cost of similar services.

(5) The statement of work, in an SOC short-form contract, is written to describe the agreed-upon outcomes and the services to be provided. Outcomes must be specifically related to one or more of the following goals:

(a) Safety -- to prevent placement or re-entry into care and to ensure the child's safety in the home.

(b) Permanency -- to prevent movement in care and to ensure stability in the living situation or facilitate permanency for a child for whom the plan is categorized as an "other planned permanent living arrangement."

(c) Facilitate reunification -- to facilitate the child's return home and preserve continuity of family relationships and permanency for the child.

(d) Permanency -- to facilitate the child's permanency plan of adoption or guardianship.

(e) Well-being -- to facilitate the child's well-being by enhancing the family's capacity to provide for its children's needs.

(f) Well-being -- to facilitate the child's well-being by ensuring the child receives adequate and appropriate services to meet medical, physical, mental health, social, emotional-development, or educational needs.

(6) Contracted services must be provided by the contractor. The SOC short-form contract does not allow subcontracting. A traditional contractor may use an employee or volunteer to provide the contracted services. A nontraditional contractor must provide the services himself or herself and cannot use an employee or volunteer to provide the contracted services.

(7) The Department may terminate an SOC short-form contract upon written notice to the contractor.

(8) The printed contract cannot be altered. If the format is changed by anyone, regardless of the reason or circumstances, the contract cannot be executed and is void.

(9) Within 24 hours after the contract is signed by both parties, the contract and cover sheet must be sent by facsimile to the Technical Assistance Unit.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0930

Contractor

(1) A short-form contract is used by the Department only to contract with a provider who is an independent contractor.

(2) An SOC contractor must be at least 18 years of age.

(3) A contractor for an SOC short-form contract is selected by direct negotiations. The Department negotiates directly with the contractor who is determined to be the best able to provide the services at a reasonable price. No informal or formal contractor selection and solicitation process is required.

(4) A nontraditional contractor is considered a traditional contractor once the total dollar amount of all contracts the individual has with the Department, regardless of funding source or purpose, exceeds $8,000 during a 12-month period. At that point, the insurance and liability coverage requirements increase. A traditional contractor is required to meet all contractual insurance requirements, including the requirement to obtain professional liability insurance, if the contractor must be licensed or accredited to do the contracted work. The 12-month period is measured from the earliest contract effective date to the latest contract end date for all contracts that the nontraditional contractor has with the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0940

Types of Service

(1) The Department uses an SOC short-form contract with a traditional contractor for such services as the following:

(a) Housing and food services -- including housing deposits, utilities, home repairs, food, household necessities, cleaning services, supplies, and equipment.

(b) Transportation -- including transportation for visitation, bus passes, other fares, automobile repair, and reimbursement when the family is transported by a community or family member.

(c) Assessment, testing, and evaluations -- including psychiatric, psychological, psycho-social, behavioral, developmental, medical, or educational services not available through other resources such as other programs operated by the Department or from a school district.

(d) Therapeutic and rehabilitative services -- including family, group, and individual therapy (including drug and alcohol treatment services) not available through other sources, such as from other programs operated by the Department or from family-based service contracts, including intensive family services (IFS), and family sex abuse treatment (FSAT), and parent training.

(e) Skills training and support -- including parent coaching, mentoring, psycho-social skills training and support, shadowing or one-on-one supervision, and support of daily activities, transition support services, sub-care or in-home behavior support or management, and educational services not available through other programs operated by the Department or from a school districts.

(f) Support services for care givers -- including time-limited services for parents, foster parents, and relative care takers not provided by other sources.

(g) Well-being and developmental needs -- including expenses related to school or recreational activities, such as fees for sports, camps, school trips, music, arts, and other activities, and activities related to a child's traditional or cultural needs or developmental milestones.

(2) The nontraditional contractor is a contractor chosen for his or her unique capacity to connect with the child based on the specific strengths and needs of the child as identified in the strengths-and-needs-based service planning process. The nontraditional contractor focuses on working with the family in addressing the specific strengths and needs of the child. The nontraditional contractor gives special care to planning activities that can eventually be maintained without the contractor's involvement. A short-form contract can be used with a nontraditional contractor only for the following services:

(a) Individual Mentoring: Social, behavioral, and recreational skill development. Assisting the child in exploring special talents or interests, arranging for on-going social or recreational opportunities, and modeling appropriate interaction with others with special care given to planning activities that can eventually be maintained without the mentor.

(b) Family Mentoring: Engagement of families for parenting skill development, including modeling appropriate interactions with children in the home, effective problem-solving, establishment of routines, and assisting with development of natural helping systems to enable the family to function independently with success.

(c) Individual Tutoring: Educational support services tailored specifically to the needs of the child. This assistance should be offered when the child's developmental functioning is significantly compromised without tutoring and is not obtainable through an Individual Education Plan (IEP) or any other appropriate resource.

(d) Developmental Support: Chosen activities requiring adult supervision at all times to meet the child's identified developmental needs or milestones.

(e) Therapeutic Visitation: Visitation services to address the child's needs and encompass specific therapeutic goals. The contractor, if not licensed, must obtain supervision from a licensed therapist, at his or her own expense, for consultation and feedback on the therapeutic process and progress of the visitation.

(3) The Department's worker must enter the System of Care Service Codes, Open Reasons, and Disposition in the Department's Integrated Information System (IIS), including the person letter for the parents and children who benefit from or participate in the authorized service.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0950

Insurance

(1) Traditional contractor insurance requirements. The coverage and limits of insurance required for a traditional contractor are specified in the contract. The Department requires a traditional contractor to provide proof that all required insurance is effective and in force before the SOC short-form contract can be executed.

(2) Nontraditional contractor insurance requirements.

(a) If a nontraditional contractor is providing a service that requires transporting the client, the Department requires the nontraditional contractor to provide proof of:

(A) A valid Oregon driver's license; and

(B) Automobile liability coverage that has limits not less than required by ORS 806.060. The nontraditional contractor must have automobile insurance in effect during the term of the SOC short-form contracts.

(b) The State of Oregon, through the Risk Management Division of the Department of Administrative Services provides nontraditional contractors with general liability insurance coverage including legal defense and excess automobile liability coverages. These coverages are provided to a nontraditional contractor, while acting within the course and scope of duties listed in the short-form contract, to the extent that a claim arises out of the provisions of services pursuant to the Short Form Contract's terms and statement of work. The provision of general liability coverage does not make the nontraditional contractor an agent of the Department or of the State of Oregon or subject the contractor to ORS 30.260 to 30.300 (the Oregon Tort Claims Act).

(c) The coverage described in subsection (b) of this section is not provided for acts, errors, or omissions due to malfeasance; for willful or wanton neglect of duty; for acts outside the short-form contract's specified scope of work; or for punitive damages.

(d) Following are the limits of coverage provided by the State to nontraditional contractors:

(A) $50,000 to a claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence;

(B) $100,000 to a claimant as general and special damages for all other claims arising out of a single accident or occurrence;

(C) $200,000 for all claims arising out of a single accident or occurrence;

(D) The dollar limits for defense cost coverage are included in the above dollar limits. Once this dollar limit is reached, further defense costs are the responsibility of the nontraditional contractor.

(e) The nontraditional contractor must report, in writing, each claim and each occurrence that reasonably may give rise to a claim to the contract administrator, who will forward the information to the Risk Management Division as promptly as practicable.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0960

Dispute Resolution: Short-Form Contracts

(1) When a short-form contract is used to contract with a nontraditional contractor, the child's case worker requests that the client sign a "Dispute Resolution Agreement." The client and the Department are parties to the "Dispute Resolution Agreement." The agreement provides a procedure to resolve disputes between the client and the nontraditional contractor. The client is encouraged to participate in good-faith in the dispute resolution process.

(2) The client's signature and participation in the dispute resolution process are voluntary

(3) Dispute resolution between the client and a nontraditional contractor must be conducted in accordance with procedures established by the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & ORS 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; Suspended by CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0970

Criminal History Records Check for SOC Contractors

(1) The Department has determined that persons who engage in certain criminal conduct may not be qualified to be system-of-care contractors because their criminal conduct is fundamentally inconsistent with having any responsibility for the care, treatment, or supervision of children or other vulnerable persons.

(2) SOC contractors are subject to a criminal-history-records check as described in OAR 413-330-0085 to 413-330-0105 (see Child Welfare policy "System of Care Short Form Contracts," policy III-D.1.1.2). In the case of a non-traditional contractor, the Department will perform the check. If the SOC contractor is a business with more than one employee, the executive director, or equivalent, of the business is considered the contractor under those rules.

(3) Once the contractor has been approved and the contract has been executed, and prior to services being performed, the contractor must verify that each employee and each volunteer who will have contact with children in the course of their duties has not been convicted of child abuse, an offense against persons, a sexual offense, child neglect, or any other offense bearing a substantial relation to the qualifications, functions, or duties of an employee or volunteer who will have contact with children.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0980

DHS Abuse and Neglect Information Check

(1) To further protect children from abuse and neglect, the Department checks all SOC contractors against the Department's child-abuse and neglect-assessment information.

(2) The Department maintains the confidentiality of client information in accordance with its administrative rules on confidentiality, OAR 413-010-0000 to 413-010-0075.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-0990

Unauthorized Services

The state is not obligated to pay for services obtained before the contract has been written, approved, and signed by the contractor and a representative of the Department who has contract approval authority. A Department employee who authorizes a service that requires a contract, prior to a contract being fully executed, or obtains a service not covered by a contract, may be held personally liable for the cost of the service.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-1000

Delegation of Short-Form Contract Approval Authority

(1) Authority to approve short-form contracts is hereby delegated to the Administrator for Program Performance and Reporting.

(2) The Administrator for Program Performance and Reporting may delegate to a Child Welfare program manager or supervisor representing the SDA or the local office, upon written request, authority to approve SOC short-form contracts. The authority may be granted when the following conditions have been met:

(a) Management staff, including the Child Welfare program manager, line manager or supervisor, office manager or equivalent, and system-of-care resource developer or equivalent have received specific training regarding SOC short-form contract policy and procedure from Program Performance and Reporting staff and staff from the Department's Contracts and Procurement unit.

(b) The Child Welfare program manager has submitted an implementation plan to the Administrator for Program Performance and Reporting or the Administrator's delegate that describes how SOC short-form contracts will be processed at the local field office. The field office implementation plan may be submitted only after the management staff has received the SOC short-form contract training.

(c) Staff from the Program Performance and Reporting program have reviewed the implementation plans to ensure compliance with these administrative rules and sound business and fiscal practices.

(d) The Administrator for Program Performance and Reporting, or the Administrator's delegate, may, with consent of the Department's Office of Contracts and Procurement, delegate authority to approve SOC short-form contracts to a Child Welfare program manager or supervisor. The Administrator or the Administrator's delegate may delegate short-form contract approval authority only after the field office management staff has received training and the implementation plan has been approved. Once authority has been delegated, the Child Welfare program manager or supervisor is responsible for the proper processing and use of the SOC short-form contract. Except as authorized in OAR 413-330-1010, a Child Welfare program manager or supervisor cannot further delegate approval authority or contract responsibilities.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; SOSCF 29-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

413-330-1010

Responsibilities of Child Welfare Program Managers and Supervisors with Delegated Authority

(1) A Child Welfare program manager or supervisor with delegated approval authority is responsible for the following duties relating to SOC short-form contracts. The responsibility for the duties may or may not be further delegated by either as follows:

(a) A Child Welfare program manager or supervisor may delegate the duty:

(A) To determine whether a contractor is an independent contractor.

(B) To determine whether a contractor is a traditional or nontraditional SOC contractor.

(C) To determine whether a contractor has the required insurance.

(D) To negotiate the following contract conditions:

(i) Services;

(ii) Outcomes;

(iii) Contract begin date;

(iv) Contract end date;

(v) Contract payment rate and number of services units.

(E) To monitor and act as the Department's contract administrator for the SOC short-form contract.

(b) A Child Welfare program manager or supervisor cannot delegate the duty:

(A) To determine whether the services being contracted for are the same as services provided by Department staff.

(B) To determine whether the contractor has a criminal history record that would prevent the Department from contracting with the contractor (see OAR 413-330-0085 to 413-330-0097).

(C) To determine whether there are concerns or reasons why using the contractor may not be in the best interests of the child by checking the Department's child abuse and neglect assessment information.

(D) To sign and execute the short-form contract as the authorized agency representative. Services can begin only after the contractor and an authorized Child Welfare program manager or supervisor have both signed the short-form contract.

(E) To authorize payments due for the performance of contracted services.

(2) A Child Welfare program manager or supervisor may be held personally liable for the cost of services provided before an SOC short-form contract has been fully executed or for services provided outside the scope of the contract.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Hist.: SOSCF 21-2000(Temp), f. 8-31-00, cert. ef. 8-31-00 thru 2-26-01; SOSCF 5-2001, f. & cert. ef. 2-26-01; CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04; CWP 11-2004, f. & cert. ef. 6-1-04

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